Agenda 02/09/2016 Item #16A 9 2/9/2016 16.A.9.
EXECUTIVE SUMMARY
Recommendation to approve a Hold Harmless and Indemnity Agreement, and Payment Bond in
the amount of$343,991.09 in lieu of the required Final Waiver of Liens from the Utility Contractor
for the preliminary acceptance of the water and sewer facilities associated with Tamiami Crossings
Shopping Center,PL20160000023.
OBJECTIVE: To have the Board of County Commissioners (Board), as Ex-Officio Governing
Board of the Collier County Water-Sewer District, approve the Hold Harmless and Indemnity
Agreement, and a payment bond in a form acceptable to the Board in lieu of the Final Waiver of
Liens from the Utility Contractor that is required as part of the Utilities Checklist for utilities
preliminary acceptance and conveyance, for water and sewer facilities associated with Tamiami
Crossings Shopping Center, PL20160000023.
CONSIDERATIONS:
KRG 951 & 41, LLC, is the developer of the Tamiami Crossings Shopping Center located in
Collier County, Florida. The underground utilities contractor, Jensen Underground Utilities, Inc.,
contracted with Bergeron Land Development, Inc. to install water and sewer utility facilities to
serve this development.
Prior to preliminary acceptance and conveyance of utility facilities, the Utilities Standards and
Procedures Ordinance, Ordinance No. 2004-31, as amended, and the Utility Standards Manual
require the applicant to submit certain legal documents in accordance with the Utility
Conveyance checklist,including a"Final Waiver of Liens"from the Utility Contractor.
Due to a dispute between Bergeron Land Development, Inc., and Jensen Underground Utilities,
Inc., Jensen is not willing to provide the Final Waiver of Liens required for preliminary
acceptance and conveyance of the utility facilities. (See attached Standard Final Waiver of Liens)
In lieu of this Final Waiver of Liens, KRG 951 & 41, LLC and Kite Realty Group, L.P.,
(Property Owner) will provide a Hold Harmless and Indemnity Agreement, and payment bond a
payment bond in a form acceptable to the .Board (consistent with the Board's standard
construction payment bond form) in the amount of$343,991.09, which is the estimated value of
the water and sewer facilities in question. (See attached Hold. Harmless and Indemnity
Agreement and Cost Sheets)
This Hold Harmless and Indemnity Agreement shall remain in effect until a Final Waiver of
Liens from Jensen Underground Utility, Inc. is provided to the County.
The Engineering and Natural Resources Division staff of the Growth Management Department
and the staff of Public Utilities Department are willing to grant preliminary acceptance of the
utility facilities if the Board approves this Agreement. Final acceptance of the facilities could not
be granted until the Release of Lien is received.
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FISCAL IMPACT: The Agreement by and of itself will have no fiscal impact on Collier
County. Should a claim of lien be filed, the Hold Harmless and Indemnity Agreement as well as
the payment bond provides assurance to the County that it will maintain ownership of the utility
facilities.
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval- SAS
RECOMMENDATION: To approve a Hold Harmless and Indemnity Agreement, which
includes a required Payment Bond in a form acceptable to the Board in the amount of
$343,991.09, in lieu of the required Final Waiver of Liens from the Utility Contractor in order to
process preliminary acceptance and conveyance of the water and sewer facilities associated with
Tamiami Crossings Shopping Center,PL20160000023.
Prepared by: Melissa Alvarez. Operations Coordinator,Engineering and Natural Resources
Division,Growth Management Department
Attachments:
1) Standard Final Waiver of Liens form
2)Proposed Hold Harmless and Indemnity Agreement with bond
3) Cost sheets
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9.
Item Summary: Recommendation to approve a Hold Harmless and Indemnity Agreement, and
Payment Bond in the amount of$342,991.09 in lieu of the required Final Waiver of Liens from the Utility
Contractor for the preliminarily acceptance of the water and sewer facilities associated with Tamiami
Crossings Shopping Center,PL20160000023.
Meeting Date: 2/9/2016
Prepared By
Name: melissaalvarez
Title: Operations Coordinator,Natural Resources
Approved By
Name: McKennaJack
Title:Manager-Engineering Review Services,Natural Resources
Date: 2/3/2016 2:26:51 PM
Name: messner_s
Title: Division Director-Water,Water
Date: 2/3/2016 2:44:19 PM
Name: marcellajeanne
Title: Executive Secretary,Transportation Administration
Date: 2/3/2016 3:10:33 PM
Name: scottstone
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 2/3/2016 4:02:45 PM
Name: teachscott
Title: Deputy County Attorney,County Attorney
Date: 2/3/2016 4:09:52 PM
Name: DavidWilkison
Title: Department Head-Growth Management Dept,Growth Management Department
Date: 2/3/2016 4:09:59 PM
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Name: ochs_l
Title: County Manager,County Managers Office
Date: 2/3/2016 5:00:45 PM
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FINAL WAIVER OF LIENS -
CONVEYANCE OF UTILITY FACILITIES TO COUNTY
KNOW ALL MEN BY THESE PRESENTS, that for and in consideration in the
amount of $ lawful money of United States of America, to me in
hand paid, the receipt whereof of which is herby acknowledged, does hereby
waive, release, remiss and relinquish any and all right to claim any lien(s) for
work performed and/or for material furnished, and/or for any claim whatsoever
with regard to utility facilities constructed in, over or under the below-described
real property. The undersigned certifies to the County that the undersigned has
all requisite authority to execute this Waiver for all intended purposes.
Every individual who, and each entity that, pursuant to the undersigned's
agreement with regard to the subject utility facilities, has supplied or furnished
service(s), labor, material(s) and/or supplies used in installation, construction,
maintenance, repair, location, relocation, or otherwise, with regard to utility
facilities thereby located in, on or over the real property described below, have
been paid in full (or have been adequately bonded) whereby as to all such
services, labor, materials and/or supplies there exist no claim(s) from any such
individual or entity that will affect conveyance of good and marketable title to the
utility facilities to Collier County and/or to the Collier County Water-Sewer District.
Legal description of the site where the subject utility facilities have been
constructed or installed is
Signed:
Printed (or typed) Name
STATE OF FLORIDA )
COLLIER COUNTY )
The foregoing instrument was acknowledged before me this day of
, 200_ by , who is personally known
to me OR who provided identification Type of identification produced:
My Commission Expires
Notary Public, State of Florida
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HOLD HARMLESS AND INDEMNITY AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 2016 (the "Effective Date"), by and among KRG 951 & 41, LLC, an
Indiana limited liability company (hereinafter called "KRG"), Kite Realty Group, L.P., a
Delaware limited partnership (hereinafter called "Kite Realty Group"), and Board of County
Commissioners of Collier County, Florida as the Governing Body of Collier County and as the
Ex-Officio Governing Board of the Collier County Water-Sewer District (hereinafter called the
"County"):
RECITALS
WHEREAS, KRG, is the developer of the Tamiami Crossings Shopping Center
("Project") in Collier County, Florida; and
WHEREAS, Jensen Underground Utilities, Inc. contracted with Bergeron Land
Development, Inc. to install water and sewer utility facilities to serve the Project; and
WHEREAS, Jensen Underground Utilities, Inc. has installed the underground utilities
consistent with Collier County regulations and is requesting preliminarily acceptance and
conveyance of the water and sewer utility facilities (PL#20160000023) in accordance with the
Collier County Utilities Standards and Procedures, Ordinance No. 2004-31, as amended; and
WHEREAS, pursuant to the Utilities Conveyance checklist in the Collier County Utility
Standards Manual,prerequisite to preliminary acceptance of utility facilities is a Final Release of
Lien from the utility contractor; and
WHEREAS, Jensen Underground Utilities, Inc. is not able to provide the required release
of lien due to a dispute with Bergeron Land Development, Inc.; and
WHEREAS, the County is willing to accept this Hold Harmless and Indemnity
Agreement in place of receiving the Release of Lien from Jenson Underground Utilities, Inc.
NOW, THEREFORE, for and in consideration of the premises set forth above, the mutual
promises, covenants, terms and conditions set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, KRG, Kite Realty
Group and County jointly and severally, for themselves, their heirs, personal representatives and
assigns, do hereby covenant and agree as follows:
1. Incorporation of Recitals: The foregoing Recitals are true and correct and are
incorporated into this Agreement by reference. Defined terms hereinafter set forth, as indicated
by initial capitalization, shall have the meaning attributed to them in the Recitals.
2. Indemnity and Hold Harmless: In consideration of the promises set forth herein, Kite
Realty Group shall indemnify and hold harmless County from and against all claims, damages,
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losses and expenses including, but not limited to, legal fees, which arise or result in whole or in
part from any lien filed by Jensen Underground Utilities, Inc. relating to the underground utility
facilities being conveyed by KRG to County as part of the Project.
3. Term of Indemnity. This Agreement shall terminate and be of no further force and
effect upon the issuance of a Release of Lien from Jensen Underground Utilities, Inc. Upon the
termination hereof, Kite Realty Group and KRG shall have no further obligation or liability to
County in connection with the subject matter hereof.
4. Payment Bond: KRG shall provide a payment bond to the County in the amount of
$343,991.09 which is the estimated value of the water and sewer facilities being accepted by
County. The payment bond shall remain in effect until the earlier of(1) receipt of a Release of
Lien from Jensen Underground Utilities, Inc. or (2) expiration of the statutory period for a claim
of lien to be filed by Jensen Underground Utilities, Inc. or Bergeron Land Development, Inc.
5. Attorneys' Fees and Costs: The prevailing party in any action to enforce or interpret the
terms of this Agreement shall be entitled to receive reimbursement of its reasonable attorneys'
fees and costs from the non-prevailing party.
6. Miscellaneous: This Agreement may not be amended or terminated without the
signature of all parties. Venue for any judicial action to interpret or enforce the terms of this
agreement shall lie with the county and/or circuit courts of Collier County, of the State of
Florida, and the parties hereby waive venue for any other court that might otherwise have
jurisdiction over this matter. This Agreement may be executed by facsimile and in counterparts,
each of which shall be deemed an original and all of which together shall constitute one and the
same instrument.
WHEREFORE the parties have executed this Agreement on the dates set forth
hereinabove.
(Intentionally left blank)
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ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATER SEWER DISTRICT
By:
Deputy Clerk Donna Fiala, Chairman
Witnesses: KRG 951 & 41,LLC,AN INDIANA
LIMITED LIABILITY COMPANY
Print Name: By:
Print Name:
Title:
Print Name:
STATE OF INDIANA
COUNTY OF
Before me personally appeared
an authorized representative of KRG 951 & 41, LLC, an Indiana limited liability company,
( ) known to me personally or ( j identified to me by as the
person described in and who, after being sworn and under oath by me, executed the foregoing
instrument, and acknowledged to and before me that s/he executed said instrument for the
purposes therein expressed.
Witness my hand and official seal this day of , 2016.
Notary Public
(SEAL)
Print Name:
My commission expires:
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Witnesses: KITE REALTY GROUP,L.P.,A
DELAWARE LIMITED PARTNERSHIP
Print Name: By:
Print Name:
Title: ■
Print Name:
STATE OF INDIANA
COUNTY OF
Before me personally appeared
an authorized representative of Kite Realty Group, L.P., a Delaware Limited Partnership,
( ) known to me personally or ( ) identified to me by as the
person described in and who, after being sworn and under oath by me, executed the foregoing
instrument, and acknowledged to and before me that s/he executed said instrument for the
purposes therein expressed.
Witness my hand and official seal this day of ,2016.
Notary Public
(SEAL)
Print Name:
My commission expires:
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
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OFF�ALCOST
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PROJECT NAME: Tamiami Crossings
LOCATION: Section 3 Township 51 South Range 26 East
Collier County,Florid
NAME&ADDRESS OF OWNER: KRG 951 &41,LLC
30 South Meridian Street,Suite 1100
Indianapolis,IN
TYPE OF UTILITY SYSTEM: SANITARY SEWER
limy* site Kqr.4r,btell
SDR208''1U'Cut 8" 172 LF $44.46 $7.647z2
SDR28O''8'Cut 8" 779 LF $4048 $31,518.34
8DR28O'-6'Cut 8" 568 LF $3646 *20.709.28
SDR 26 Laterals V" 574 LF $30.21 g17.340.54
Cleanout Assembly 6" 13 EA $877.10 $4.902.38
Manhole U''1V'Cut 2 EA S6.030.80 $13.261.60
Manhole 6'-8'Cut 1 EA $6.087.00 $6,087.00
Manhole O'-8'Cut 5 EA $4.76870 $23.843.50
TOTAL COST $125.309.88 /~
I do hereby certify that the quantities of material and services described above are true and an accurate
representation of the a installed system.
CERTIFYING: ~~'
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Name and Title of Engineer Certifying
OF: Grady Minor
3800 Via Del Rey ,• •■
Bonita Springs,FL 34134
I do hereby certify that the quantities of material and services described above are true and an accurate
representation of the as-installed cost of the system.
mewo^td
OF: ,/ JENSEN UNDERGROUND UTILITIES,INC.
5585 Taylor Road
Naples,Florida 34109
STATE OF FLORIDA }
> SS/
COUNTY OF COLLIER )
The foregoing instrument~osuenou9nuacxnvwuuoruuamevmm/su1stuavv,oeoomuer,zmn by
K urn Jensen ,who is personally kn.wn to me and who did not take an oath.
SEAL:
Donna LVentre , `vta Public
DONNA LvsNTqg
FFumm4
EXPIRES:June 1,2019
sce.dtummwow*putkundwwne*
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»��' 2/9/2016 16.A.9.
VETr1CATION OF FINAL COST
PROJECT NAME: Tamiami Crossings
••=` LOCATION: Section 3 Township 51 South Range 26 East
Collier County,Florida
NAME&ADDRESS OF OWNER: KRG 951 &41,LLC
30 South Meridian Street,Suite 1100
Indianapolis,IN
TYPE OF UTILiTY SYSTEM: POTABLE WATER
C;900 Dg14 10^ 2.520 LF $22.95 $57.834.08
MJ Sleeve 10^ 1 EA $270.80 $270.80
Gate Valve 1O" - 4 EA $1.634.17 $6,536.68
Permanent Bacterial Sample Point J 2 EA $1'887.98 $3,775.96
C-90ODR14 8" 220 LF $18.04 $3^528.80
Blow Off Assembly 8" 4 EA $1,948.12 $7'792.48
C-900 DR 14 6" 680 LF $11.38 $7.510.88
Gate Valve 8" 6 EA $843.87 $5.06322
BenNDmwPewente,Assembly 6" 6 EA $6,440.31 $38,641.86
Hot Tap Assembly 10^x10" 1 EA $6.847.72 $6,847.72 !
Hot Tap Assembly 12^x1O^ 1 EA $8.57079 G8.67079 |
Fire Hydrant Assembly 12 EA $3'689.35 $44.272.32 |
Tapping Saddle 8~x2" 6 EA $847.69 $5,086.14
Backflow Preventer Assembly 2" 6 EA 81.848.88 $11.045.88
Poly Tube 508 LF $1077 $5'385.00
FDC 6 EA $1.403.16 58,418.96
TOTAL COST $218.681.41 /
I do hereby certify that the quantities of material and services described above are true and an accurate
~~�`
representation of the as-installed system.
CERTIFYING:
Name and Title of Engineer Certifying
OF: Grady Minor
3800 Via Del Rey
Bonita Springs,FL 34134
I do hereby certify that the quantities of material and services described above are true and an accurate
representation of the as-installed co tof the system.
` ^
�
CERTIFY! .
,� /
K*v�J ident
OF: x7 JENGEN UNDERGROUND UTL��S.INC.
/r s585TayorRoad
Naples,Florida 34109
STATE OF FLORIDA }
) SS:
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this 8th day of January,2016 uv
--` Kevin Jensen ,who is personall known to me and who did not take an oath.
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