Agenda 12/12/2017 Item #16A 812/12/2017
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for
Landmark Long Term Acute Care Hospital, PL20150002447, accept unconditional conveyance of a
portion of the potable water facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of
$22,526.62 to the Project Engineer or the Developer’s designated agent.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the
Collier County Water-Sewer District, approve final acceptance of the potable water and sewer facilities,
accept unconditional conveyance of a portion of the potable water facilities, and to release the Uti lities
Performance Security (UPS) and Final Obligation Bond in the total amount of $22,526.62, in accordance
with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Landmark Long Term Acute Care Hospital, has constructed the potable water and
sewer facilities within dedicated easements to serve this private development (see attached location
map). A portion of the potable water facilities will be conveyed to the County, as described in
Official Records (O.R.) Book 5401, Page (PG) 1207. The remaining potable water facilities and all
sewer facilities will be private.
2) Preliminary acceptance of these utility facilities was completed by the Development Review staff on
November 18, 2015. At that time, the value of these potable water utility facilities (assets) was
$84,264.23. (See attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water facilities
conveyed to the County in the public records of Collier County, which were reviewed and approved
by the County Attorney’s office as to form and legality. The County acquired its interest in a portion
of the potable water facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in
Official Records Book 5401, at page 1207 of the Public Records of Collier County, Florida.
4) The potable water and sewer utility facilities have been operated and maintained during the required
one (1) year warranty period, following preliminary acceptance.
5) A final inspection to discover defects in materials and workmanship has been conducted by staff on
September 1, 2017, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable. A second final inspection occurred post Hurricane Irma and these
facilities were confirmed to be satisfactory and acceptable.
6) The on-site potable water and sewer utilities, less the potable water utiliti es described in O.R. Book
5401, PG 1207, are owned and maintained by the developer.
7) Staff recommends final acceptance of the subject utility facilities and to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total amount of $22,526.62. (See
attached Exhibit A).
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
9) Staff is unaware of any issues that would serve to negate the recommendation to release the
12/12/2017
applicable security.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact.
However, approval of this Executive Summary will result in the Collier County Water -Sewer District
receiving unconditional title to a portion of the potable water utility facilities, which at the time of
preliminary acceptance, had a total gross value of $84,264.23 (no depreciation applied).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval -SAS
RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for
Landmark Long Term Acute Care Hospital, PL20150002447, accept unconditional conveyance of a
portion of the potable water facilities, and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $22,526.62 to the
Project Engineer or the Developer’s designated agent.
Prepared by: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Assets Sheet (PDF)
3. Exhibit A (PDF)
4. 10% UPS bond (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 4069
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for Landmark Long Term Acute Care Hospital, PL20150002447, accept unconditional
conveyance of a portion of the potable water facilities, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total
amount of $22,526.62 to the Project Engineer or the Developer’s designated agent.
Meeting Date: 12/12/2017
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/24/2017 2:42 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/24/2017 2:42 PM
Approved By:
Review:
Water Steve Messner Additional Reviewer Completed 10/26/2017 10:13 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/30/2017 9:17 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/30/2017 4:10 PM
Water Pamela Libby Additional Reviewer Completed 10/30/2017 4:13 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/02/2017 8:43 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/03/2017 11:53 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2017 1:32 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/03/2017 4:39 PM
Growth Management Department James French Deputy Department Head Review Completed 11/05/2017 3:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/06/2017 9:41 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/13/2017 11:57 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/13/2017 2:31 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 10:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY
PROJECT NAME
LOCATION
TYPE OF UTILIry SYSTEM
Landmark Long Term Acute Care Hospital and MOB
1285 Creekside Blvd E
White Oaks Real Estate lnvestments of Sw FL LLC
240 S Mount Auburn Rd, Cape Girardeau, MO 63701
POTABLE WATER (MATERIALS ONLY)
ITEM SIZE QUAN. UNIT COST TOTAL
Reducer
PVC DR-14
PVC DR-18
Hydrant
Gate Valve
Domestic Meter Assembly
2
123
14
1
1
2
EA $'185.60
LF $11 .27
LF $6.71
EA $2,600.18
EA $630.70
EA $39,591.00
$371 .20
$1,386.21
$93.94
$2,600.18
$630.70
$79,182.00
TOTAL COST $84.264.23
I do hereby certify that the quantities of material described above are a true and accurate representation of the
system being contributed to Collier County Utilities.
CERTIFYING:
Jayso
OF:
schnick, Vice President
Haleakala Construction, lnc
5758 Taylor Rd
Naples, FL 34109
STATE OF
COUNTY OF
Florida
Collier
..s$ft4',
,r.,i#J+
u 0 llofl
MY Coai.ll lSSloN, FF 170638
EXPIBES: Febru8y 21, 2019
8od.d Thru llobry PuUh Unh ti.r.
Notary Public
Seal
NAME & ADDRESS OF OWNER:
,|0"x8"
8"
6"
N/A
o
The foregoing instrument was signed and acknowledged before me this 1st day of September, 201 5 by Jayson
Oreschnick who is personally known to me
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $18,526,62 Letter of Credit No. 575
Final Obligation Bond $4,000 2017408954
Total Amount $22,526.62
The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer
utilities being installed for the whole project which includes material and labor. The
contributory assets reflect the cost of materials, not labor and are based on the assets of
which the county will be owning and maintaining.
Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost
2. Receipt of Payment
PROJECT NAME
LOCATION:
VERIFICATION OF FINAL COST
Landmark Long Term Acute Care Hospital and MOB
1285 Creekside Blvd E
White Oaks Real Estate lnvestments of SW FL LLC
240 S Mount Auburn Rd, Cape Girardeau, MO 63701
NAME & ADDRESS OF OWNER
TYPE OF UTILITY SYSTEIV POTABLE WATER (MATERIAL AND SERVICES)
ITEM stzE QUAN. UNIT COST TOTAL
PVC DR.14
Gate Valve
Domestic Meter Assembly
Reducer
PVC DR-14
Gate Valve
Reducer
DDCVA
PVC DR-l8
FDC
Hydrant
0
8
I
I
,,x8
6
t)
'x6"
4"
4"
N/A
8',
LF $25.27
EA $1,528.56
EA $50,091.00
EA $300.25
LF $16.71
EA $1,180.70EA $285.30
EA $8,371.76LF $11.43
EA $1,250.60EA $4,150.18
$23,602.18
$4,585.68
$200,364.00
$600.50
$7,'168.59
$4,722.80
$285.30
$8,371.76
$788.67
$1,250.60
$12,450.54
$264,190.62
I do hereby certify that the quantities of material and services described above are a true and
accurale representation of the as-installed cost of the system.
CERTIFYING;
Jayson
OF:
chnick, Vice President
Haleakala Construction, lnc.
5758 Taylor Rd
Naples, FL 34109
STATE OF
COUNTY OF
Florida
Collier
The foregoing instrument was signed and acknowledged before me this 1st day of September, 2015 by Jayson
Oreschnick who is personally known to me
TOTAL COST
UIIDA MIION
MY COirMrSSloN , FF 170638
EXPIBES: February 21, 2019
8oid.d ftru fh&,y tuUa U.d.rd.riNotary Public
fh"l,*Seal
1
934
3
4
2
429
4
1
1
69
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PROJECT NAME
LOCATION
NAME & ADDRESS OF OWNER
VERIFICATION OF FINAL COST
Landmark Long Term Acute Care Hospital and MOB
1285 Creekside Blvd E
White Oaks Real Estate lnvestments of SW FL LLC
240 S Mount Auburn Rd, Cape Girardeau, MO 63701
SANITARY SEWER (MATERIAL AND SERVICES)
ITEM SIZE QUAN. UNIT COST TOTAL
Ti c
STATE OF
COUNTY OF
otary Public
8"
8"
Standard
1 ,250 gallon
LF $37.57
EA $540.00
EA $6,840.90
EA $7,250.30
$21 ,2s7 .54
62
2
1
1
TOTAL COST
I do hereby certify that the quantities of material and services described above are a true and
accurate representation of the as-installed cost of the system.
CERTIFYING:
hell Sr, President
HALEAKALA CONSTRUCTION INC
5758 TAYLOR ROAD NAPLES,
FL 34109
FLORIDA
COLLIER
Th-e foregoing instrument was signed and acknowledged before me this loth day of August, 2015 by TimothyC Mitchell Sr, who is personally known to me
BES:February
corMtss i0N FF I 7m38
EXPI l2 201 9
UNOA MA}OI]
Linda Mahaon
Seal
ryPE OF UTILITY SYSTEM:
PVC
Cleanout
Manhole
Grease lnterceptor
$6,086.34
$1,080.00
$6,840.90
$7,250.30
1
OF:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
2017408954
2017-032430
05/23/2017
$4,000.00
Amount Paid Check Number Payment Method
Check
Payment Details:
$4,000.00 1132
Amount Paid:
Change / Overage:
Contact:
$4,000.00
$0.00
Brennan, Manna & Diamond PL Escrow Account
27200 Riverview Center Blvd.
Bonita Springs, FL 34134
FEE DETAILS:
Original
Fee
Amount GL Account
Paid
$4,000.00 670-000000-220113
Reference Number Fee Description
PL20150002447 $4,000.00 Refundable Bonds
AlinaHarris
6381
melissaalvarez
Cashier Name:
Batch Number:
Entered By:
*
Montgomery-BANK'
IRREVOCAB LE ST,A.NDI}Y Lf,TTf,R OF CREDIT NO.
575
ISSUER: Montgomery Bank, N.A. (hereinafter "Issuer").
PLACE AND DATE OF ISSUE: 2027 Broadway, Cape Girardeau, MO. 63701 - January I l,
2016
PLACE OF EXPIRY: At Issuer's counters located at 2027 Broadway, Cape Girardeau, MO
6370t
DATE OF EXPIRY: This Credit shall be valid until January 11, 2018 and shall thereafter be
automatically renewed for successive one-year periods on the anniversary of its issue unless at
least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in
writing to staff(at Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by
registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: White Oaks Real Estate Investments of Southwest Florida LLC. STATE OF
INCORPORATION: Florida (hereinafter "Applicant") 1285 Creekside BIvd. East, Naptes, FL
34 109
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") Collier County Courthouse Complex, Naples, Florida, 34 I I 2.
AMOUNT: $ I 8,526.00 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: IssueT
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY.S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED
BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY
MANAGER, CERTIFYING THAT: White OaKs ReaI Estate Investments of Southwest
Florida LLC has failed to construct and/or maintain the improvements by potable water, non-
potable irrigation water, or wastewater additions, extensions and/or improvements as shown on
the plans for Landmark Hospital Long Term Acule Care Hospital & MOB, Job number
PL20130001986. located at 1285 Creekside Blvd. East, Naples, FL 34109, or prior to the date
Telephone: 1 -800-455-227 5 . E-mail: customerservice@montgomerybank.com
1
:r.LrtF!ru!rii;
LEI{DER:.)ffi_tc
of expiry the applicant failed to complete the required final acceptance procedures as required
by the Collier County Utilities Standards and Procedures Ordinance, and the Applicant failed
to provide the County with satisfactory altemative performance security as required by that
Ordinance."
DRAFT(S) DRAWN I,NDER THIS LETTER OF CREDIT SHALL BE MARKED: ,'DTawn
under Montgomery Bank, N.A. Credit No. 575, dated January I l, 2016". The original letter of
credit and all amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such
undertaking shall not in any way be modified, amended, or amplified by reference to any
documents, instrument, or agreement referenced to herein or in which this letter of credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms ofthis credit will be duly honored by Issuer ifpresented within the validity ofthis credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or
later generally applicable) Revisionl International Chamber of Commerce Publicarion No. 500
Mont ank,N.A
B
P. Limbaugh
Executive Vice President
2