Loading...
Agenda 09/22/2020 Item #11E (Developer Agreement for Excavated Material)09/22/2020 EXECUTIVE SUMMARY Recommendation to approve a Developer Agreement for Excavated Material between RP Orange Blossom Owner, LLC (OBR) and the Board of County Commissioners of Collier County (County) to provide an option to purchase excavated fill for use on County projects. (This item is a companion to Agenda Item 9.A) OBJECTIVE: To approve a Developer Agreement for Excavated Material to purchase excavated fill for use on County projects. CONSIDERATION: As part of the residential development of the Mixed -Use Planned Unit Development, OBR will be excavating portions of its property and will have a surplus of excavated material. The County will need to acquire fill to complete its development of surrounding properties and OBR is willing to deliver, at the County's request, 150,000 cubic yards of its excavated fill at a location shown on Exhibit A commencing upon the Execution Date as outlined in the terms specified. FISCAL IMPACT: The proposed agreement locks in a delivered price of $11.00 per CY for 150,000 CY of excavated fill material. The total dollar value is $1,650,000. The current market price for delivered fill material is approximately $18.00/CY. Under the terms of this agreement the County may realize savings of $7.00/CY or $1,050,000 on 150,000 CY. Project sites that could receive the fill material include the Resource Recovery Business Park, Government Operations Business Park and Paradise Coast Sports Complex. Funding for this agreement will be provided in applicable project budget(s). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves the Developer Agreement for Excavated Material between RP Orange Blossom Owner, LLC, a Delaware limited liability company and the Board of County Commissioners of Collier County, Florida. Prepared by: Margaret A. Bishop, P.E., Principal Project Manager, Facilities Management Division Attachment: Developer Agreement Exhibit A Map ATTACHMENT(S) 1. DEVELOPER AGREEMENT FOR EXCAVATED MATERIAL (PDF) 2. Exhibit A Map (PDF) Packet Pg. 524 11.E 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.E Doe ID: 13531 Item Summary: Recommendation to approve a Developer Agreement for Excavated Material between RP Orange Blossom Owner, LLC (OBR) and the Board of County Commissioners of Collier County (County) to provide an option to purchase excavated fill for use on County projects. (Margaret Bishop, Principal Project Manager, Facilities Management) (This item is a companion to Agenda Item 9.A) Meeting Date: 09/22/2020 Prepared by: Title: Project Manager, Senior — Facilities Management Name: Margaret Bishop 09/14/2020 10:39 AM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 09/14/2020 10:39 AM Approved By: Review: Facilities Management Public Utilities Operations Support Public Utilities Department Procurement Services Procurement Services Public Utilities Department Public Utilities Department Office of Management and Budget County Attorney's Office Budget and Management Office County Manager's Office Board of County Commissioners Damon Grant Director - Facilities Joseph Bellone Additional Reviewer Dan Rodriguez Additional Reviewer Opal Vann Level 1 Purchasing Gatekeeper Sandra Herrera Additional Reviewer Drew Cody Level 1 Division Reviewer George Yilmaz Level 2 Division Administrator Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn Additional Reviewer Nick Casalanguida Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 09/14/2020 12:04 PM Completed 09/14/2020 12:13 PM Completed 09/14/2020 2:42 PM Completed 09/15/2020 9:51 AM Completed 09/15/2020 9:53 AM Completed 09/15/2020 10:12 AM Skipped 09/15/2020 3:29 PM Completed 09/15/2020 3:39 PM Completed 09/16/2020 9:21 AM Completed 09/16/2020 11:54 AM Completed 09/16/2020 3:18 PM 09/22/2020 9:00 AM Packet Pg. 525 11.E.1 DEVELOPER AGREEMENT FOR EXCAVATED MATERIAL This Developer Agreement for Excavated Material (the "Agreement") is entered into this 22nd day of September, 2020 (the "Execution Date") by and between RP Orange Blossom Owner, L.L.C., a Delaware limited liability company (hereinafter "OBR") and the Board of County Commissioners of Collier County, Florida (hereinafter "County"). WHEREAS, OBR is the owner of a portion of the land within the Orange Blossom MPUD (hereinafter "MPUD"), which is approved to be developed by OBR for residential and other uses; and a� WHEREAS, the County owns lands adjacent and nearby the MPUD that it intends to develop along with affiliate or partner projects; and W r WHEREAS, as part of the residential development of the MPUD, OBR will be excavating M portions of its property and will have a surplus of excavated material (hereinafter "Fill"); and WHEREAS, the County may need to acquire Fill to complete its development of surrounding properties; and WHEREAS, OBR is willing to deliver, at the County's request, 150,000 cubic yards of its excavated Fill at a location shown on Exhibit A ("Site") commencing upon the above Effective Date and upon the terms hereinafter specified; WHEREAS, OBR has previously provided to the County additional road right-of—way for the Big Corkscrew Island Regional Park (`BCIRP") roadway, agreed to accept Oil Well Road storm water in the MPUD water management system and agreed to convey a thirty foot (30') wide utility easement to the Collier County Water Sewer District for future well sites and raw water lines all at no cost; and WHEREAS, OBR was under no obligation to provide to the County additional road right- of—way for the BCIRP roadway, accept Oil Well Road storm water in the MPUD water management system and convey a thirty foot (30') wide utility easement to the Collier County Water Sewer District for future well sites and raw water lines at no cost. NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other valuable consideration OBR and the County agree as follows: 1. All of the above recitals and the exhibits referenced herein are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. a. OBR shall deliver 150,000 cubic yards of Fill to the Site for the total price of $11.00 per cubic yard. OBR's duty is limited to hauling and dumping the loads of Fill to the designated Site. It will be the County's duty to ensure that there are on -site stabilized haul routes and that the on -site route is National Pollutant Discharge Elimination System Packet Pg. 526 11.E.1 ("NDPES") compliant. OBR shall commence delivering the Fill within thirty (30) days of the effective date of this agreement. b. County shall authorize payment for the Fill within thirty (30) days of receipt of a written invoice from OBR after verifying the invoice quantity matched the delivery quantities. 2. The South Florida Water Management District (SFWMD) has issued Orange, Blossom Ranch Environmental Resource Permit (ERP No. 11-02432-P) to RP Orange Blossom Owner, LLC and other co-permittees. Collier County Public Services Department has also requested from SFWMD a modification to Big Corkscrew Island Regional Park Environmental Resource Permit (ERP No. 11-100766-P) to incorporate the Orange Blossom Ranch stormwater w system into a master joint water management system. The two permits will then be connected through the surface water management design within the area known as Orange Tree, which as LO part of modification of the referenced permits, prompted a request from the SFWMD for the permit modification applicant to provide acknowledgement from parties associated with the joint a water management system. Since each permit maintains separate applicants, the SFWMD may as w part of future modification to either permit, require authorization from each permittee in the event a a modification to either permit is requested. Accordingly, both parties hereby agree to reasonably o cooperate and not unreasonably withhold a permit application signature or letter of no objection, Q as may be referenced required by the SFWMD for future modification of either permit. This section Q shall survive the purchase of the Fill and any termination of this Agreement. x • w 3. The burdens of this Agreement shall be binding upon, and the benefits of this p Agreement shall inure to, all successors in interest to the parties to this Agreement. z w 4. OBR and the County acknowledge that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either party or its successors or assigns, of LU the necessity of complying with any law, ordinance, rule or regulation governing said permitting Q requirements, conditions, terms or restrictions. w a O 5. In the event State or federal laws are enacted after the execution of this Agreement w that are applicable to and preclude in whole or in part the parties' compliance with the terms of w this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to r comply with such laws, in a manner that best reflects the intent of this Agreement. 6. Except as otherwise provided herein, this Agreement shall only be amended by c mutual written consent of the parties hereto or by their successors in interest. All notices and Q other communication required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and address as follows: Packet Pg. 527 11.E.1 To County: Attn: Nick Casalanguida, Deputy County Manager Harmon Turner Building Naples, Florida 34112 Tel: (239) 252-8383 Facsimile: (230) 252-2395 To RP Orange Blossom Owner, L.L.C. Attn: Anthony Solomon The Ronto Group 3066 Tamiami Trail N, Suite 201 Naples, Florida 34103 Tel: (239) 649-6310 / Facsimile: (239) 649-8870 c/o Rockpoint Group, L.L.C. Woodlawn at Old Parkland 3953 Maple Avenue, Suite 300 Dallas, TX 75219 Attn: General Counsel c/o Rockpoint Group, L.L.C. 500 Boylston Street, 211 Floor Boston, MA 02116 Attn: Kyle Gardner, Joseph Goldman Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 7. The County agrees that it is purchasing the Fill without representations, warranties, or covenants, express or implied, of any kind or nature, including, without limitation, with respect to the quality, condition or value of the Fill, the presence or absence of hazardous substances in, or under the Fill, or the compliance of the Fill with applicable law. The County reserves the right to inspect the fill prior to transport and reject in whole or in part any amount it feels to be unsuitable or, contaminated. A County representative will be on site accepting or rejecting material before it is loaded. This Section shall survive the closing of the purchase of the Fill and any termination of this Agreement. 8. ' The County, for itself and its employees, contractors and agents, acknowledges that to the extent it enters onto any land owned by OBR in connection with the inspection, gathering or transportation of the Fill, or for any other reason in connection with this Agreement, it does so at its own risk, it assumes all risk associated with such entry and it expressly waives in full and forever releases OBR and each of OBR's officers, directors, direct and indirect shareholders, members, managers, contractors, agents and their respective successors, and assigns (collectively, "OBR Parties") from all claims, demands, actions or suits of any kind, including but not limited to any claim for compensation or punitive damages, attorney's fees, or costs, and all other matters raised by, arising from or in any manner related to the entry of the County or any of the County's employees, contractors or agents on OBR's land. The OBR Parties are hereby release from all responsibility and liability to the County regarding the County or its contractor(s)' gathering and 3 Packet Pg. 528 11.E.1 transportation of the Fill. This Section shall survive the closing of the purchase of the Fill and any termination of this Agreement. This Agreement shall not create any lien, encumbrance or interest in any real property owned by OBR, and the County hereby releases any such encumbrances, liens or interests it has in the real property owned by OBR within the MPUD which could have been established or inferred from the execution of this Agreement. 9. Prior to OBR commencing the delivery of Fill to the County site, OBR will provide •L the County with a Certificate of Insurance that includes the County as an additional insured, in coverage amounts specified by the Collier County Risk Management Division. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and both of which, when taken together, shall constitute one and the same Agreement. x w 10. This constitutes the entire agreement of the parties. Time is of the essence with r respect to all matters set forth in this Agreement. The Effective Date shall be the date the County LO M executes this Agreement. 77 Remainder of Page Intentionally Left Blank Signature Page to Follow 4 Packet Pg. 529 11.E.1 IN WITNESS WHEREOF, the undersigned executed this Agreement on the day and year above first written: ATTEST: Caystal K. Kinzel, Clerk of Courts & Comptroller By: Dated: (SEAL) Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Witnesses: J Signature Patti Bradshaw Printed Name Signature Margaret Beavans Printed Name BOARD OF COUNTY COMMISSONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman RP Orange Blossom Owner, L.L.C. A Delaware limited liability company By: Printed Name Packet Pg. 530 A WiM TOrange Blossom Ranch qn For dLJO j. U -7 Curry is.Iarid--7,- Golden Gate Blvd ..... ..... WOO fit Paradise Coast J., fro Resource Recovery plex Sports Com =LK Business Park Government Operations Business Park P2020rNtg1e