Backup Documents 11/10/2015 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
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 routing lines#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. County Attorney Office County Attorney Office
(I/0
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was November 10,2015 Agenda Item Number 16-A13
Approved by the BCC
Type of Document Plat—Viansa at Talis Park Number of Original One
Attached Documents Attached
PO number or account
number if document is
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? 5-i\-,;m1.4
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
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 JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
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 JH
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
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 November 10,2015 and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for t'-
Chairman's signature.
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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A
" 13
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
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 routing lines#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. County Attorney Office County Attorney Office /+/15
4. BCC Office Board of County
Commissioners \Ss f Vz—VV5
5. Minutes and Records Clerk of Court's Office
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was November 10,2015 Agenda Item Number 16-A 13
Approved by the BCC �f��'"'
Type of Document Cobstruction,Maintenance and Escrow Number of Original Two
Attached Agreement—Viansa at Talis Park Documents Attached
PO number or account
number if document is
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?
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
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 JR
signed by the Chairman,with the exception of most letters,must be reviewed and signed
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 JR
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. S\S
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 November 10,2015 and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the w A
BCC,all changes directed by the BCC have been made, and the document is ready for e
Chairman's signature.
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 13 '
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this Z 31- day of November, 2015 by KE TALIS PARK
PROPERTIES, LLC, a Delaware limited liability company (hereinafter "Developer"), THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter
the "Board") and ROETZEL & ANDRESS, LPA (hereinafter "Escrow Agent").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as Viansa at Talis Park.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Waldrop
Engineering, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05(C) and 10.02.04 of the Collier County Subdivision Code Division of
the Unified Land Development Code require the Developer to provide appropriate guarantees for
the construction and maintenance of the Required Improvements.
D. In conjunction with entering into this escrow agreement (the "Escrow Agreement")
Developer has deposited with Escrow Agent the sum of Eight Hundred Seventy-Nine Thousand
Seven Hundred Four and 72/100 Dollars ($879,704.72) in Bank of America, Account No. 0036
6250 4064 to guaranty the completion of the remaining Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is Eight Hundred Seventy-Nine Thousand Seven Hundred
Four and 72/100Dollars ($879,704.72), and this amount represents 100% of the Developer's
engineer's estimate of the remaining construction costs to be incurred to complete the Required
Improvements plus 10% of the total estimated cost of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree
as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
County Manager or his designee within eighteen (18) months from the date of approval of said
subdivision plat.
1 6A13
2. Developer hereby authorizes Escrow Agent to hold Eight Hundred Seventy-Nine
Thousand Seven Hundred Four and 72/100 Dollars ($879,704.72) (the "Escrow Funds"), in
escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this
Agreement.
4. The Escrow Funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit not more
than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs; and further, that
upon completion of the work, the County Manager or his designee shall approve the release of
any remainder of escrowed funds except to the extent of Seventy-Nine Thousand Nine Hundred
Seventy-Three and 16/100 Dollars ($79,973.16) which shall remain in escrow as a Developer
guaranty of maintenance of the Required Improvements for a minimum period of one (1) year
pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to
comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the
County immediately upon demand the balance of the funds held in escrow by the Escrow Agent,
as of the date of the demand, provided that upon payment of such balance to the County, the
County will have executed and delivered to the Escrow Agent in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this Agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above-mentioned
development work; and
(d) The County will promptly repay to the Developer any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Escrow Agent for
release of only those specified funds to the Developer. Payment by the Escrow Agent to the
Developer of the amounts specified in a letter of authorization by the County to the Escrow
1 6 A 1 3
Agent shall constitute a release by the County and Developer of the Escrow Agent for the
specified funds disbursed in accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval until a
statement of substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the Required Improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements,
the Board, after duly considering the public interest, may at its option complete the Required
Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provisions; provided,
that the Escrow Agent does not release any monies to the Developer or to any other person
except as stated in this Escrow Agreement to include closing the account, or disbursing any
funds from the account without first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvements for one (1) year after
preliminary approval of the Required Improvements by the County Manager or his designee.
After the one (1) year maintenance period by the Developer and upon submission of a written
request for inspection, the County Manager or his designee shall inspect the Required
Improvements and, if found to be still in compliance with the Code as reflected by final approval
by the Board, the Escrow Agent's responsibility to the Board under this Agreement shall be
automatically terminated. The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and
by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
1 6 A 1 3
IN WITNESS WHEREOF, the Board":..d the Developer have caused this Agreement to be
executed by their duly authorized representatives this z3 - day of _ j 'VV(.. , 2015.
SIGNED I T 'EP' SENCE OF: DEVELOPE'
KE Talis Pa Pro 1 • •s, LLC,
./
a Delaware ited 1 . .ility company
Printed Name: $i4 [Z J?loct5 By: iii•A
/ Milton Fl nn, President
,/ `,\ (Provide Proper Evidence of Authority)
11-
Printed Name: S�✓�v
ESCROW AGENT:
Roetzel & Andress, L.P.A.
`l
Donna Ambrose
Printed Name: By: ,;(..AL
Print Name/Title:
_ ,
(1)72 :
SYNC j,1ihi
0
JESSICA M. GUIDA-HARRIS 5) -------- in
Printed Name:
ATTEST:,,,}'....
DWIGIT E. BROCK., CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
1n { _t/tad / ' "fir
/ e°,,a.e..e....
Deputy clerk
Approved as t form ar�in'.i1e,-SIY. Print Name: TIM NANCE, CHAIRMAN
E
Chairman
t i
Print Name: Scott A. Stone,
Assistant County Attorney
Detail by Entity Name Page 1 of 3
16A1 3
FLORIDA DEPARTMENT OF STATE
1.-444
DIVISION OF CORPORATIONS ;n/i. "�
Detail by Entity Name
Foreign Limited Liability Company
KE TALIS PARK PROPERTIES, LLC
Filing Information
Document Number M11000000316
FEI/EIN Number 27-4577581
Date Filed 01/24/2011
State DE
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 12/21/2011
Event Effective Date NONE
Principal Address
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Mailing Address
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Registered Agent Name & Address
SPEER, GEORGE
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Authorized Person(s) Detail
Name &Address
Title Authorized Member
KE TALIS PARK HOLDINGS, LLC
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title CEO
KITSON, SYDNEY W
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title P
hap://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/30/2015
3 Detail by Entity Name 1ag62 31
FLINN, MILTON
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title EVP
HOBAN, THOMAS M
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title ST
SPEER, GEORGE G
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title AS
WOODS, ERICA S.
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title Asst. Treasurer
DISTEFANO, PAUL
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title VP
VANDER MAY, WILLIAM R.
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title VP
DOUGHERTY, ALFRED
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Title VP
DANAHY, THOMAS J
4500 PGA BLVD., SUITE 400
PALM BEACH GARDENS, FL 33418
Annual Reports
Report Year Filed Date
2013 04/23/2013
2014 04/25/2014
2015 04/27/2015
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/30/2015
16A13
Viansa at Talis Park—PL20150001986
Plat Recording Application
Opinion of Probable Cost
1 original copy
1 6 A 1 3
VIANSA
OPINION OF PROBABLE COST (PLAT BOND)
Waldrop Engineering File No. :244-43-01,Rev01
SUMMAR
Wastewater $99,951.19
Water $115,208.68
Sub-Total $215,159.87
Earthwork $8,349.00
Paving $95,250.25
Drainage $304,256.30
Code Minimum Landscaping $100,000.00
Irrigation $32,716.14
Lighting $44,000.00
Sub-Total $584,571.69
Total $799,731.56
10%Contingency $79,973.16
Bond Total $879,704.72
Notes:
1) This Opinion of Probable Cost(OPC)shall be used for budgeting purposes only.
2) This OPC is based on the engineer's understanding of the current rules, regulations,ordinances,and construction
costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC,and
may require adjustments to delete,decrease,or increase portions of this OPC.
3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs.These
costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,
petroleum,or the availability of materials and labor.
4) Does not include permit fees or soft costs.
5) Does not include enhanced landscape or hardscape features.
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1 6 A 1 3
Estimated
Item# Description Unit Unit Price Amount
Quantity
WW-1 Connect to Existing Gravity Sewer 1 EA $1,500.00 $1,500.00
WW-2 8"PVC Sanitary Sewer SDR-26(6'-8') 464 LF $32.44 $15,052.16
WW-3 8"PVC Sanitary Sewer SDR-26(8'-10') 287 LF $40.25 $11,551.75
WW-4 8"PVC Sanitary Sewer SDR-26(10-12') 386 LF $49.00 $18,914.00
WW-5 Manhole 4' Diameter with IET Coating(6'-8') 3 LF $5,189.56 $15,568.68
WW-6 Manhole 4'Diameter with IET Coating(8'-10') 2 LF $5,859.50 $11,719.00
WW-7 Manhole 4'Diameter with IET Coating(10-12') 2 LF $6,800.00 $13,600.00
WW-8 6"Single PVC Sewer Service w/Cleanout 20 EA $602.28 $12,045.60
TOTAL= $99,951.19
16A13
POTABLE WATER&FIRE
Estimated
Item# Description Unit Unit Price Amount
Quantity
W-1 Connect to Existing Water Main 1 EA $2,200.00 $2,200.00
W-2 8"PVC Water Main(C900,DR 14) 1,276 LF $22.89 $29,207.64
W-3 8"Gate Valve 1 EA $1,600.00 $1,600.00
W-4 1"Single Water Service,Complete 14 EA $523.48 $7,328.72
W-5 1.5"Double Water Service,Complete 3 EA $895.72 $2,687.16
W-6 6"PVC Fire Main (C900,DR 14) 244 LF $21.00 $5,124.00
W-7 2"Fire Service,Complete 11 EA $1,100.00 $12,100.00
W-8 2"Gate Valve 11 EA $512.36 $5,635.96
W-9 Fire Hydrant,Complete 10 EA $4,000.00 $40,000.00
W-10 Permanent Bacterial Sample Point 1 EA $1,784.20 $1,784.20
W-11 Automatic Flushing Device 1 EA $6,184.00 $6,184.00
W-12 Temporary Blowoff w/Bacterial Sample Point 1 EA $1,357.00 $1,357.00
TOTAL= $115,208.68
1 6 A 1 3
EARTHWORK
Estimated
Item# Description Unit Unit Price Amount
Quantity
E-1 Sod(1'Behind Curb) 285 SY $2.20 $627.00
E-2 2'Silt Fence(Single Row) 428 LF $1.75 $749.00
E-3 2'Silt Fence(Double Row) 1,358 LF $3.50 $4,753.00
E-4 Floating Turbidity Barrier 185 LF $12.00 $2,220.00
SUBTOTAL= $8,349.00
1 6 A 1 3
PAVING
Item# Description Estimated Unit Unit Price Amount
Quantity
P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 3,379 SY $4.50 $15,205.50
P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 3,379 SY $4.50 $15,205.50
P-3 6"Limerock Base(Compacted and Primed) 3,379 SY $7.00 $23,653.00
P-4 12"Stabilized Subgrade(Onsite Material) 4,314 SY $2.25 $9,706.50
P-5 Type"A"Curb&Gutter 331 LF $11.25 $3,723.75
P-6 Valley Gutter 2,532 LF $8.00 $20,256.00
P-7 Signing and Marking 1 LS $7,500.00 $7,500.00
SUBTOTAL= $95,250.25
*Common area only(see plans)
1 6 A 1 3
DRAINAGE
Estimated
Item# Description Unit Unit Price Amount
Quantity _
D-1 Connect to Existing Drainage 2 EA $2,500.00 $5,000.00
D-2 12"HDPE 1,737 LF $17.00 $29,529.00
D-3 15" RCP 2,456 LF $28.00 $68,768.00
D-4 18" RCP 515 LF $35.78 $18,426.70
D-5 24" RCP 786 LF $49.39 $38,820.54
D-6 30" RCP 34 LF $63.59 $2,162.06
D-7 Valley Gutter Inlet 6 EA $2,800.00 $16,800.00
D-8 Type"C"Grate Inlet 46 EA $2,500.00 $115,000.00
D-9 Yard Drain 15 EA $650.00 $9,750.00
SUBTOTAL= $304,256.30
1 6 A 1 3
LANDSCAPING
Estimated
Item# Description Unit Unit Price Amount
Quantity
L-1 Code Minimum Landscaping 1 EA $100,000.00 $100,000.00
SUBTOTAL= $100,000.00
1 6 A 1 3
IRRIGATION
Estimated
Item# Description Unit Unit Price Amount
Quantity
14 Connect to Existing 12"Irrigation Main 1 EA $2,200.00 $2,200.00
1-2 4"PVC Irr.Main(C900,DR14) 1,239 LF $12.56 $15,561.84
1-3 Single Irrigation Service,Complete 12 EA $700.00 $8,400.00
1-4 Permanent Blow-off 1 EA $6,554.30 $6,554.30
TOTAL= $32,716.14
I
1 6 A 1 3
LIGHTING
Estimated
Item# Description Unit Unit Price Amount
Quantity
L-1 Lighting 11 EA $4,000.00 $44,000.00
SUBTOTAL= $44,000.00