Loading...
Backup Documents 12/14/2021 Item #16A33 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE/ 7 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. Jeff Klatzkow, County Attorney County Attorney Office // v 4 /Zoe ///1�'!a 4. BCC Office Board of County 0T .t.lr Commissioners OA' i s/ /a//24/ 5. Minutes and Records Clerk of Court's Office RP 14,0frk L.33401\ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Trinity Scott Phone Number 252-5832 Contact/ Department Agenda Date Item was 12/14/21 1,, Agenda Item Number 16a33 7 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is 313-163673-63301 1-60171 1 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 7; hl('/1 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A„f provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters, must be reviewed and signed TS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/14/21 (enter date)and all changes TS N/A is not made during the meeting have been incorporated in the attached document. The an option for County Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the J f{ In option for Chairman's signature. AAA his line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 3 Ann P. Jennejohn From: Ann P. Jennejohn Sent: Wednesday, January 5, 2022 2:09 PM To: ScottTrinity Subject: Item #16A33 (12-14-21 BCC Meeting) Attachments: Amended & REstated Tree Farm MPUD Developer Agreement.pdf Hi Trinity, Please see the attacked (recorded) agreement referenced above, from the December 14, 2021 13CC Meeting (Item #16A33). A receipt, for the recording charges, is included. Thank you! Ann Jenne,jotin 13MR Senior Deputy Clerk II tt•at ex:pr Clerk to the Value Adjustment Board 4`f% Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) J Ann.Jennejohn@Co(IierC(erk.com Office of the Clerk of the Circuit Court 1k``�'ri.A�‘ �� & Comptroller of Collier County 32q Tamiami Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com 16A33 AMENDED AND RESTATED DEVELOPER AGREEMENT Tree Farm MPUD THIS AMENDED DEVELOPER AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this 144\ of'hecen brr 2021 by and among WPPI Naples TF LLC (hereinafter referred to as the "Developer"), TBC Tree Farm 1, LLC ("TBC 1") and Collier County, a political subdivision of the State of Florida. RECITALS: WHEREAS, on June 26, 2007, the Board of County Commissioners approved Ordinance No.07-54,which created the Tree Farm Mixed Use Planned Unit Development("MPUD"),which ordinance was amended on January 14, 2020 by Ordinance No. 20-03; and WHEREAS the parties entered into a Developer Agreement on December 8, 2020 for the construction of Improvements; and WHEREAS, TBC 1 has an approved Subdivision Plat (PL20180003592) which provides access to Collier Boulevard; and WHEREAS, Collier County has applied for a Site Development Plan Amendment (PL20200000953) for the Heritage Bay Government Center,which provides for access to Collier Boulevard directly across from the Tree Farm MPUD; and WHEREAS,the new access points coincide with an existing U-turn opportunity on Collier Boulevard,which allows travelers leaving the Heritage Bay PUD to gain access to the traffic signal at Collier Boulevard and Immokalee Road; and WHEREAS the parties wish to coordinate and cooperate to construct an intersection that will operate efficiently for ingress/egress for the various uses under the terms and conditions set forth below; and WHERAS,the parties wish to amend the Developer Agreement based on additional scope items as a result of the County permit review. WITNESSETH NOW,THEREFORE, in consideration of Ten Dollars(10.00)and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. This Agreement amends,replaces and supersedes the parties' December 8,2020 Developer Agreement,which upon full execution of this Agreement shall be deemed of no further force or effect. INSTR6179522OR6061 PG210 RECORDED 12/22/2021 3 43 PM PAGES 8 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$69.50 INDX$2.00 1 6 A 33 2. County will allow TBC 1 and Developer to proceed with the project on the following terms and conditions: A. Developer will design and construct the road and sidewalk improvements inclusive of a roundabout("Improvements") as set forth in Exhibit 1. Developer will utilize the services of Peninsula Engineering and Trebilcock Consulting Solutions for professional engineering and surveying services pertaining to the design, permitting and construction of the Improvements. Developer will be solely responsible for the cost of design, permitting, and construction administration and certifications. Developer's design and permitting responsibilities will include submittal of a South Florida Water Management District (SFWMD) Environmental Resource Permit(ERP) for the modification of Collier Boulevard as depicted in Exhibit 1. B. The Improvements set forth in Exhibit 1 will require additional right-of-way in the form of an easement from TBC 1 for a crosswalk and other pedestrian facilities on the west side of the proposed roundabout as depicted in Exhibit 1. TBC 1, at its sole cost and expense, has provided this additional right-of-way for the area depicted on Exhibit 1 and shall convey to the County during the Subdivision Plat for Tree Farm, which is currently under review as PL20180003592. C. The County will contribute to the construction costs for the Improvements needed by the County. The County's contribution will be the lesser of 61.6% of the shared lump sum project construction costs, or $403,582, which is 61.6% of the engineer's estimated construction costs, as set forth in Exhibit 2. County will pay Developer on December 1, 2022 or within six months of the completion of the Improvements,whichever is later. For the purpose of this section, the completion of the improvements will be defined as the issuance of a Certificate of Completion from the Collier County Growth Management Division for the Collier County Right-of-Way Permit for the Improvements shown in Exhibit 1. Prior to commencing construction of the Improvements,the County and the Developer shall cooperate to have Developer advertise and bid the Developer's Improvement project in accordance with the County's normal solicitation procedures for public road projects and using the County's electronic bid system. The County shall provide written notice to Developer documenting the result of such solicitation and ranking all qualified bids from lowest to highest, with the dollar amount of the lowest qualified bid being hereinafter referred to as responsible bidders. Developer may negotiate with any of the bidders or any other qualified contractor on its project to construct the Improvements, and in that regard Developer shall not be obligated to award the construction of the Improvements to the low bidder or to any of the responsive bidders; however, in no event shall the final reimbursement amount by the County exceed $403,582 or 61.6% of the low bid amount, whichever is less. In addition, the County acknowledges there may be unanticipated costs including, but not limited to, unforeseen site conditions encountered during construction. Should that occur,the County will pay 61.6%of the total for such additional costs, but not to exceed $40,000, on the conditions that (1) the additional work is agreed upon by both parties, and (2) the additional work is approved by the Board of County Commissioners through a Change Order, supported by proper documentation of any time and materials supporting the request. D. Developer will obtain a right-of-way permit for the Improvements at no cost. Neither Developer nor TBC 1 shall pay any lane or sidewalk rental fees for construction of the 16A33 Improvements for the period of March 1, 2022 through July 31, 2022. Commencing on August 1, 2022,Developer and/or TBC 1, as applicable,will pay the customary lane and sidewalk rental fee charged by the County. However, any lane and sidewalk rental fees will be reduced by 61.6%. E. No further contribution of compensating right-of-way will be required from the property owners in the Tree Farm PUD for the construction of access points along Collier Boulevard that are consistent with the existing accesses approved as a part of Ordinance 20-03. F. The property owners' contributions of the construction Improvements shown in Exhibit 1 are considered to satisfy the property owners' "fair share" requirements of the Section 6.3.B of Ordinance 20-03 for the intersection proposed for improvement in Exhibit 1. G. During construction of the site improvements within the Tree Farm PUD, the Developer and TBC 1 will be permitted to use the existing access to the Tree Farm PUD at the location of the Improvements as the construction access. Neither the Developer nor TBC 1 will be prohibited from access during construction due to the removal of the existing left turn lane into the Tree Farm PUD at the location of the Improvements. H. The Developer reserves the future right to petition Collier County to enter into a Landscape Maintenance Agreement to install and maintain enhanced landscaping within the area of the Improvements. Legal Matters 3. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 4. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all assigns successors in interest to the parties to this Agreement. The term "Developer" shall include all of Developer's assigns and successors in interest, including homeowner associations and commercial tenants. The term"TBC 1" shall include all of TBC 1's assigns and successors in interest, including homeowner associations and commercial tenants. 5. In the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Agreement,then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. 6. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Effective Date. The Developer shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 7. In the event of any dispute under this Agreement,the parties shall attempt to resolve such dispute first by means of the County's then-current Alternative Dispute Resolution Procedure, if any. Following the conclusion of such procedure, if any, either party may file an action for 1 6 A 3 3 injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, and remedy being cumulative with any and all other remedies available to the parties for the enforcement of the Agreement. 8. Except as otherwise provided herein, this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder (including County's option) shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service, and addressed as follows: To County: To Developer: Collier County Manager's Office WPPI Naples TF, LLC 3299 Tamiami Trail East, Suite 9800 Connecticut Dr., Suite Al- 202 100 Naples, FL 34112-5746 Crown Point, IN 46307-7840 9. This Agreement (which include the references set forth in the Recitals) constitutes the entire agreement between the parties with respect to the activities noted herein and supersedes and takes the place of any and all previous agreements entered into between the parties hereto relating to the transactions contemplated herein. All prior representations, undertakings, and agreements by or between the parties hereto with respect to the subject matter of this Agreement are merged into, and expressed in, this Agreement, and any and all prior representations, undertakings, and agreements by and between such parties with respect thereto hereby are canceled. 10. Nothing contained herein shall be deemed or construed to create between or among any of the parties any joint venture or partnership nor otherwise grant to one another the right, authority or power to bind any other party hereto to any agreement whatsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 16A33 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA, on behalf of Collier ounty, Florida +fry . t • By: ' Q14418 L4114- %Ast as to, r'4 f r 4 ty Clerk ,Chairman sig , re . fy..., ,,`' Approv • • • - • -gality: 1!'�ri'_I Je ey ' ` ow, County Attorney SIGNATURES CONTINUED ON FOLLOWING PAGE 1 6 A 3 3 AS TO DEVELOPER: WITNESS: WPPI NAPLES TF, LLC, a Delaware limited liability company 716t7/?-1-, (Signature) By: WPPUWL Tree Farm,LLC a Delaware limited liability company Na-C)r'n , IA) i.-S e its: sole member (Print full name) By: WPPUHS Naples TF Investment,LLC a Delaware limited liability company 0/-GiaLkA.' its: Operating Member (Signature) Vie! r- ' et B bn.- By: WMB Corp.,an Indiana (Print full name) corporation, its: Manager By: J. Matt w hambers, Treasurer STATE OF INDIANA COUNTY OF LAKE The foregoing instrument was acknowledged before me by means of,®physical presence or D online notarization this 81� day of ' - C , 2021, by J. Matthew Chambers, the Treasurer of WMB Corp., an Indiana corporation, the Manager of WPPUHS Naples TF Investment,LLC,a Delaware limited liability company,the Operating Member of WPPUWL Tree Farm, LLC, a Delaware limited liability company, the Sole Member of WPPI Naples TF, LLC a Delaware limited liability company, who executed the foregoing document on behalf of said corporation in its capacity as the Manager of the Operating Member of the Sole Member of WPPI Naples TF, LLC, and Iwho is personally known to me or Elwho has produced as identification. ,3-k -„A., ,___,..„,,..4.p Notary Public M � ;7} ,,. NAOMI J.WISE : Commission#GG 335672 Print Name: N rni Lc e !a.,, o, Expires May 16,2023 .AP:r:Vo''.'Bonded Thee Troy Feb Insurance 80041154019 • My Commission Expires: SM/P123 I6A33 x x yj'y e I 1 I o x I I .- o 1 Val I I UW x I m IIN //4";11%1.. . x : I f1,/l%lh /� ' I ' .-".-1----I--, IR Z xl I 7"-C7C- ,� v- _.__ , / / - il_.; wrivil /' —i i I !1 (� ,II.., �--150'COLLIER BLVD R.O.W —.1 la I __I L L iii- I ji • 4 q / //99 4i1 ll J ri 7. 1144,, . lio,..111111MI Alb .....6,__cru______Lr____, II 2,181 SF R.O.W. EASEMENT 085' II — II FOR CROSSWALK 0130• ■ I II � `i9�,?? , I II I ,` U II II I� 1 . II of , L.reI , , 1 n_9rtf T- 1 I . , . ..... . . 1 . ____ ---, I I �_ _ © �ono \ 1 �I1�1�11111 . � � - - - - - - I I / 0 0 W m I C F PROJECT: TITLE: OWNER/CLIENT/CONSULTANT: SEC:22 TWP:18S ROE:26E PE N I N S U L A 4, Designed by: ALEJANDRO AVILA ENGINEERING`' COLLIER Drawn by ALEJANDRO AVILA TREE FARM Date: OCTOBER 2020 CIVIL ENE:MELIONG•LANDSCAPE ARCHITECTURE• BOULEVARD EXHIBIT "1" Drawing Scale: ,-=100 ESITE PLANNING CONSULTING MANAGAND EMENT PLANNING SITE PLANNING CONSTRIIGIKM AIANAC.FMENT PUD Project Number. P-BROK �1 OWNER cEPRESENrwmE Fie Number: P-BROK-003-001-X14 a34105 0ahwa/ ROUNDABOUT Naples.Florida 34 C-X14 Phone:239A03b:00 fax:239.261.1797 Email:infoOpenmg.tam N)Bs•row...penerp_mm Florida c.,caiale of ArwnrHraion R2ffi]S Sheet Number: 01 of 01 16A 33 Exhibit 2 Project: COLLIER BOULEVARD ROUNDABOUT Task: ENGINEER'S COST ESTIMATE PAVING ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE PAV-1 Brick Pavers 1,288 SF $10.50 $13,524.00 PAV-2 Type SP structural course,traffic"D",3.5"thick 1,098 SY $30.36 $33,335.28 PAV-3 Type FC 12.5 friction course,traffic"D",1.5"thick 1,098 SY $20.16 $22,135.68 PAV-4 12"type"B"stabilized subgrade,LBR 40 1,431 SY $2.40 $3,434.40 PAV-5 Optional base group 9,10"thick 1,365 SY $57.96 $79,115.40 PAV-6 Type"D"Curb 169 LF $19.50 $3,295.50 PAV-7 Type"F"Curb(Curb&gutter) 3,090 LF $19.50 $60,255.00 PAV-8 8'Wide(6"Concrete Sidewalk) 4198 SF $5.82 $24,432.36 PAV-9 Signage and Striping 1 LS $20,000.00 $20,000.00 PAV-10 ADA Curb Ramps 4 EA $366.00 $1,464.00 PAV-11 ADA Truncated Done Mats 153 SF $27.00 $4,131.00 PAV-12 Concrete Traffic Separator 4' 126 LF $15.30 $1,927.80 PAV-13 Maintenance of Traffic 1 LS $7,500.00 $7,500.00 PAV-14 Embankment-(IMPORT FILL) 910 CY $14.25 $12,967.50 PAV-15 Irrigation Counduit 1 LS $4,000.00 $4,000.00 PAV-16 Bahia Sod 3,662 SY $3.00 $10,986.00 PAV-17 Silt Fence 1,600 LF $1.50 $2,400.00 PAV-18 Mobilization 1 LS $70134.00 $70,134.00 PAV-19 $ - PAVING SUBTOTAL= $ 304903.92 DRAINAGE 375,037.92 ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE DRA-1 15"RCP 2-9 53 LF 44 159 $1 89 8 427 DRA-2 Throat Inlets 3 EA $-2,5004 920 $7,500 14.760 DRA-3 Modified Existing Structure Top 2 EA $-2900 6 900 $4000 13 800 DRA-4 FDOT Type C,Dog House Structure 1 EA $13,050.00 $13,050.00 DRA-5 FDOT Type 5,Curb Inlet 1 EA $11,850.00 $11,850.00 DRA-6 Reinforced Concrete Pipe,18" 67 LF $161.00 $10,787.00 DRA-7 Modify Existing FDOT Type J,Junction Box 1 EA $15,000.00 $15,000.00 DRAINAGE SUBTOTAL= $ $42;&89- DEMOLITION 87.674 ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE DEMO-1 Remove Existing Type"F"Curb 1,751 LF $1.50 $2,626.50 DEMO-2 Remove Existing Asphalt 1,819 SY $6.00 $10,914.00 DEMO-3 Mill&Resurface,1.5"average depth,resurface 2,816 SY $18.83 $53,025.28 with FC-12.5,traffic"D DEMO-4 Remove Existing Sidewalk 1,050 SF $6.00 $6,300.00 DEMO-5 Remove Existing Limerock and Subgrade 1,819 SY $3.00 $5,457.00 DEMOLITION SUBTOTAL= $ 78,322.78 UTILITY DRIVEWAY ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE UTI-1 Remove&Reconstruct Master Pump Station Driveway 1 LS $5000.00 $5,000.00 UTILITY DRIVEWAY SUBTOTAL= $ 5,000 LIGHTING ID DESCRIPTION QTY UNIT TYPE UNIT PRICE TOTAL PRICE LIG-1 101-1 Mobilization 1 LS $720.00 $720.00 LIG-2 102-1 Maintenance of Traffic 1 LS $4965.00 $4,965.00 LIG-3 630-2-11 Conduit(Furnish&Install)(Open Trench) 500 LF $11.80 $5,900.00 LIG-4 630-2-12 Conduit(Furnish&Install)(Directional Bore) 150 LF $21.60 _ $3,240.00 LIG-5 635-2-11 Pull and Splice Box(Furnish&Install) 12 EA $720.00 $8,640.00 LIG-6 639-1-121 Electrical Power Service(F&I)Underground Furnish by 1 AS $3600.00 $3,600.00 LIG-7 639-2-1 Electrical Service Wire(Furnish&Supply) 100 LF $7.20 $720.00 LIG-8 715-1-12 Lighting Conduction(Furnish&Supply) 2 200 LF $2.55 $5,610.00 LIG-9 715-4-11 Light Pole Complete(Furnish&Supply) 8 EA $7380.00 $59,040.00 LIG-10 715-7-11 Load Center(Furnish&Install)Secondary Voltage 1 EA $13146.00 $13,146.00 LIG-11 999-999 Signed&Sealed As-built Record Drawings 1 EA $3550.00 $3,550.00 LIGHTING SUBTOTAL= $ 109,131 TOTAL= $ 655,165.70