Loading...
Backup Documents 05/23/2017 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6A 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 )(..A / l) 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office frj1r 1 Zo(S 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 May 23,2017 Agenda Item Number 16-A — Approved by the BCC Type of Document Plat -Chatham Woods 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? n/a 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 May 23,2017 and all changes made during the meeting have been incorporated in the attached document. The County w 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 e Chairman's signature. r 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 6 A 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 (D/ !/ 7 4. BCC Office Board of County '® Commissioners / (pVA�--� 5. Minutes and Records Clerk of Court's Office ?r\ 06(02-,0 2- 4f1-\, 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 May 23,2017 L Agenda Item Number 16-A — Approved by the BCC Type of Document Construction,Maintenance and Escrow Number of Original One Attached Agreement -Chatham Woods 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? n/a 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 May 23,2017 and all changes made <e �l during the meeting have been incorporated in the attached document. The County .1g 01� Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the .rs ' BCC,all changes directed by the BCC have been made,and the document is ready for the 1E Chairman's signature. ; ii= 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 16k 1 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 12th day of April, 2017 by CHATHAM WOODS DEVELOPMENT LLC (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and ENCORE BANK, A FLORIDA BANKING CORPORATION (hereinafter "Lender"). 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: Chatham Woods. 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 Bonness, Inc, 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 requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated March 10, 2016, Account No. 0600005017 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $378,954 and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender 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 6 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $378,954 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 16A 1 3. Lender agrees to hold in escrow $378,954 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed 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 less ten percent (10%); 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$34,450 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 Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, 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 Lender 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 Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of only those specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall 16A I constitute a release by the County and Developer of the Lender 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 Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender 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 Improvement for one year after preliminary approval by the County Manager or his designee. After the one 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 Lender's responsibility to the Board under this Agreement is 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 and the Lender. IN WITNESS WHEREOF, the Board, Developer, and Lender have caused this Agreement to be executed by their duly authorized representatives this 12th day of April, 2017. 16 Al SIGNED IN THE PRESENCE OF: ENCORE BANK, A FLORIDA BANKING CORPO TION - tin aBy LSC Printed Name D unQ rerG! Patrick K. Miller Senior Vice President Printed Name (,t-(42 °C ATTEST: �-"— Encore Bank, A Florida Banking Corporation Brian F. Avril Executive Vice President Chief Financial Officer D IN T PRESENCE OF: DEVELOPER Chatham . oods P : o. - ' 'LLC By: itioy Prin - 1- Stephen L. Pe• , Managing Member � 1 rinted a BOARD • ' CO' TY COMMI, LONERS OF DWIGHT C. BROOK, CLERK COLLI/f ' i NTY, FLORID va By' t4C ��;�" may' Deputy Clerk sia U on' PENNY TAYLOHAIRMAN ( Ap.roved as to form and legal.-k. i11 SLI T' t-1. J on Assistant County Attorney / ---sii-,.,..,r A i 11 •,4, (may 16A1 .r:l t-, Ir ..i,r It OSEw,ud AV4m IC Naples.Florida 3410 (239)5l7•(,92I •I'm((230)997-74I 1i www txmnessinc ram Proposal 3/6/2017 Submitted To: ARCS Investments, LLC Estimate Number: 125622017 Address: 2244 Trade Center Way Bid Title: Chatham Woods-CONTRACT Naples, FL 34109 Project Location: Johnnycake Drive Contact: Steve Peel Project City,State: Naples, FL Phone: (239)571-5005 Fax: Engineer/Architect: Butler Engineering, Inc. Thank You for Considering Bonness Inc. Item# Item Description Estimated Quantity Unit Unit Price Total Price SITEWORK 01 Mobilization 1.00 LS $5,123.86 $5,123.86 02 Maintenance Of Traffic 1.00 LS $740.61 $740.61 03 Removal Of Existing Asphalt Cul-De-Sac 1.00 EACH $1,440.74 $1,440.74 04 Cut Fill 710.00 CY $5.40 $3,834.00 05 Import Fill(For Road Way Only)(No Berms Or Lots 1,310.00 CY $13.00 $17,030.00 Included) 06 Final Grade 1.00 LS $17,975.47 $17,975.47 Total Price for above SITEWORK Items: $46,144.68 PAVING 07 Prep Subgrade 2,190.00 SY $1.56 $3,416.40 08 6"Limerock Base 2,085.00 SY $11.20 $23,352.00 09 1-1/2"S-III Asphalt(One Lift) 1,985.00 SY $9.25 $18,361.25 10 2'Valley Gutter 735.00 LF $10.25 $7,533.75 11 Type''A"Curb 160.00 LF $10.95 $1,752.00 12 Flume 4.00 EACH $1,281.81 $5,127.24 Total Price for above PAVING Items: $59,542.64 SANITARY SEWER 13 Conned To Existing Sewer 1.00 EACH $1,228.18 $1,228.18 14 08"SDR-26(6'-8") Pipe 460.00 LF $32.57 $14,982.20 15 Manhole(6'-8') 3.00 EACH $5,742.47 $17,227.41 16 Sewer Lateral 6" 250.00 LF $14.97 $3,742.50 17 Double Sewer Clean Out 6" 6.00 EACH $592.93 $3,557.58 Total Price for above SANITARY SEWER Items: $40,737.87 WATER SERVICE 18 Connect To Existing 8" Blow-Off 2.00 EACH $4,160.05 $8,320.10 3/8/2017 7:30:27 AM Page 1 of 3 16A1 Item# Item Description Estimated Quantity Unit Unit Price Total Price 19 8"DR-18 (Water) 640.00 LF $23.53 $15,059.20 20 8" DR-14 (Water&IRR) 200.00 LF $25.86 $5,172.00 21 4" PVC Conduit 320.00 LF $11.57 $3,702.40 22 1-1/2"Polly Water Line 180.00 LF $8.16 $1,468.80 23 Meter Service 12.00 EACH $736.14 $8,833.68 24 Fire Hyd. 2.00 EACH $4,436.87 $8,873.74 25 A.R.V.Assy. 1.00 EACH $1,778.43 $1,778.43 26 Perm. Bact Sample 1.00 EACH $1,627.76 $1,627.76 27 Temp. Bact Sample 2.00 EACH $312.35 $624.70 28 Blow Off Assembly 1.00 EACH $2,214.02 $2,214.02 29 Auto Flushing Device 1.00 EACH $4,281.02 $4,281.02 30 Testing 1.00 LS $1,998.96 $1,998.96 Total Price for above WATER SERVICE Items: $63,954.81 NORM SYSTEM 31 15"ADS N-12(HDPE) 917.00 LF $27.97 $25,648.49 32 18"ADS N-12(HOPE) 220,00 LF $31.22 $6,868.40 33 15"RCP 31.00 LF $31.60 $979.60 34 18"RCP 26.00 LF $43.26 $1,124.76 35 Miter End Section 18" 1.00 EACH $1,067.24 $1,067.24 36 Inlet Type C 6.00 EACH $1,834.30 $11,005.80 37 Throat Inlet 2.00 EACH $2,993.64 $5,987.28 38 Control Structure 1.00 EACH $3,374.95 $3,374.95 39 Yard Drain 11.00 EACH $797.94 $8,777.34 Total Price for above STORM SYSTEM Items: $64,833.86 Total Bid Price: $275,213.86 Notes: •Subject to prompt acceptance within 30 days and to all conditions stipulated on the reverse side,we agree to furnish materials and labor at the price(s)set forth above. •The above breakout of listed items are for comparison purposes only.This is a Lump Sum proposal. •Bonding is not included. •Proposal based on the plans by Butler Engineering,Inc.Pages 1 thru 8.Dated 1.23.2006.All pages last revised on 7.25.06. •Permits,fees,layout,survey,asbuilts and testing by others. •Due to critical nature of escalating material costs;asphalt and concrete pricing is subject to change.Should this situation arise,Bonness Inc.will provide documentation of material adjustment(s). •Any deviation of contracted work will require a signed change order.Work related to the change order will not be completed until signed by the project manager. Bonness Inc. is not responsible for asphalt damages caused by others. Private utility locates to be completed prior to construction and is not induded in the above proposal. •Fill quantities are based upon the topo provided. •Removal and/or replacement of unsuitable materials(I.e. rock and/or muck)below grade is not included.No soil borings provided, 'A one time final grade has been included.Final grade does not include the raking or removal of other trades debris or regrading after trenching by others has been performed; I.E.Sprint,FPL,CATV or irrigation. •Pavement markings and signage not included in this proposal. •Landscaping,sod and seed by others. •Temporary water meters by others. •Bonness Inc.is not responsible for utilities not shown. •If a 6"construction gap is required for temporary fire flow add$6,500 to this proposal. •Connection to Utilities is based on connection point at 4'depth or less,additional charges could apply if connection point is greater than 4'. •Water meters,conduits&tamper switches by others. •Gopher Tortoise relocation and permits by others. 3/8/2017 7:30:27 AM Page 2 of 3 1 6 A 1 •Cul-Der-Sac removal and replacement not included in this proposal.Any work outside the limits of disturbance not included in this proposal. •Tie in for sanitary sewer to stop at property line only. •The above proposal is for listed items only. Payment Terms: Payment due within 30 days of date of invoice,regardless of when payment is made by Owner Digitally signed by Steve Peel e DN:cn=Steve Peel, o=Arcs St eVInvestments, LLC dba Gulfstream Homes OR ARCS Construction LLC, ou, email=speel@arcs-gh.com, e 1 c=US Date: 2017.03.08 08:48:55 -05'00' ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Bonness Inc. and hereby accepted. Buyer Authorized • Signature: Signature: Date of Acceptance: Estimator: Shane .eaker/ Daniel Mikelson 3/8/2011 7:30:27 AM Page 3 of 3 Detail by Entity Name Page 2 of 2 Detail by Entity Name 16 A 1 Florida Limited Liability Company CHATHAM WOODS DEVELOPMENT LLC Filing Information Document Number L16000042508 FEIIEIN Number 61-1808092 Date Filed 03/01/2016 Effective Date 02/29/2016 State FL Status ACTIVE Principal Address 3253 GERMAN WOODS CT NAPLES, FL 34116 Mailing Address 3253 GERMAN WOODS CT NAPLES, FL 34116 Registered Agent Name&Address PEEL, STEPHEN L 3253 GERMAN WOODS CT NAPLES, FL 34116 Authorized Person(s)Detail Name&Address Title MGR PEEL, STEPHEN L 3253 GERMAN WOODS CT NAPLES, FL 34116 Annual Reports Report Year Filed Date 2017 02/12/2017 Document images 2 017- ANNUAL REPORT View image in PEW format t116- I Ignda Limited i i_ibiliy View image in PQF l meat http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquiryty pe=Entity... 5/10/2017