Coversheet

ITEM 4.
Procurement Management - Administrative Agenda


AGENDA ITEM REPORT

DATE:	December 7, 2021
DEPARTMENT:	Procurement Management
REQUESTER:	Mary Tucker
TITLE:	Authorize Continuation of Negotiations for Waterway Estates Development

MOTION REQUESTED

A) Authorize County to enter into detailed negotiations with SH Marinas, LLC pursuant to ITN190483ANB, Development of Waterway Estates Property, in order to reach agreement for the future development, operation, and maintenance of the Waterway Estates site based on the attached Term Sheet. Any such agreement would be formalized and brought back to the Board for consideration.

B) Approve permissive use license agreement with SH Marinas, LLC to provide physical access to SH Marinas, LLC and/or its agents to the Waterway Estates site to conduct 90 day due diligence actions.

C) Authorize the Chair to execute the contract documents on behalf of the Board of County Commissioners.

II.

ITEM SUMMARY

Authorizes negotiations with SH Marinas, LLC to pursue an agreement for the future development, operations, and maintenance of the Waterway Estates site; a final negotiated agreement would be submitted to the Board for approval. Approves permissive use license agreement to provide SH Marinas, LLC and/or its agents physical access to the Waterway Estates site to conduct due diligence for a period of ninety (90) days.

III.

BACKGROUND AND IMPLICATIONS OF ACTION

	A)	Board Action and Other History
		The Lee Board of County Commissioners voted on March 5, 2019, to direct staff to develop an Invitation to Negotiate to solicit developer proposals for the property based on current entitlements. On October 25, 2019, the Procurement Management department advertised for the project known as Invitation to Negotiate (ITN), No. ITN190483ANB, Development of Waterway Estates Property. The scope of the project includes the development, operation, and maintenance of the property located at 1667 and 1687 Inlet Drive North Fort Myers, FL 33903. On the solicitation deadline, Procurement Management received two responses.

	B)	Policy Issues

	C)	BoCC Goals

	D)	Analysis
		The evaluation and negotiations committee held necessary evaluation meetings that resulted in the identification of SH Marinas, LLC as the respondent the committee desired to negotiate with for the potential development, operation, and maintenance of the Waterway Estate site. Additional negotiations and any final agreement shall be based on the Term Sheet presented to the Board. Should an agreement be reached such will be brought back to the Board at a later date for Board review and authorization of award. Safe Harbor Marinas has proposed to lease the county-owned property to develop: • About $9 million in capital improvements • Dry storage for 200 boats • Wet/Floating boat slips • Fuel dock • Waterfront restaurant • Pool • Potential for a Lee County Sheriff’s Office Marine Unit substation The deal points contained in the attached document regarding term, rent payments, construction, operation, maintenance, etc., etc., would be incorporated into a formal agreement for BoCC consideration. Attachment: Term Sheet

	E)	Options
		1. Authorize continued negotiations with SH Marinas, LLC 2. Direct new negotiations with other proposer 3. Conclude negotiations and rescind ITN190483ANB, Development of Waterway Estates Property

IV.

FINANCIAL INFORMATION

A)	Current year dollar amount of item:	No funding required.
B)	Is this item approved in the current budget?	N/A
C)	Is this a revenue or expense item?	N/A
D)	Is this Discretionary or Mandatory?	N/A
E)	Will this item impact future budgets? If yes, please include reasons in III(D) above.
F)	Fund: Program: Project: Account Strings:
G)	Fund Type?	N/A
H)	Comments:

V.	RECOMMENDATION
	Approve

VI.	TIMING/IMPLEMENTATION

VII.	FOLLOW UP

ATTACHMENTS:
Description	Upload Date	Type
Term Sheet	11/9/2021	Backup Material
120721R-A-4-Permissive Use Licence Agreement	12/14/2021	Agreement
Permissive Use License Agreement	11/15/2021	Contract

REVIEWERS:
Department	Reviewer	Action	Date
Procurement Management	Tucker, Mary	Approved	11/18/2021 - 11:02 AM
Budget Services	Henkel, Anne	Approved	11/18/2021 - 11:08 AM
Budget Services	Winton, Peter	Approved	11/18/2021 - 11:36 AM
County Attorney	Halverson, David	Approved	11/27/2021 - 3:54 PM
County Manager	Winton, Peter	Approved	11/29/2021 - 8:47 AM