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Agenda 01/08/2013 Item #16A 9 1/8/2013 Item 16.A.9. EXECUTIVE SUMMARY Recommendation to grant final approval of the private roadway and drainage improvements for the final plats of Valencia Lakes —Phase 1A (FP00-53), Valencia Lakes — 2A, (AR-992) and Valencia Lakes — Phase 3A (AR-1415) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance securities and acceptance of the plat dedications. OBJECTIVE: For the Board of County Commissioners (Board) to grant final approval of the infrastructure improvements associated with those subdivisions known as Valencia Lakes — Phase 1A, Valencia Lakes- Phase 2A, and Valencia Lakes — Phase 3A, release the developer's maintenance securities, and accept the plat dedications. CONSIDERATIONS: 1. On August 22, 2001, April 26, 2002, May 10, 2003, the Engineering Services Department granted preliminary acceptance of the roadway and drainage improvements in Valencia Lakes—Phase 1A, 2A, and 3A respectively. 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. Resolutions for final acceptance have been prepared and approved by the County Attorney's Office. A resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code. A copy of the document is attached. 5. This PUD has been found to be in substantial compliance. FISCAL IMPACTS: Valencia Lakes — Phase 1A. The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of$54,786.20 will be released upon Board approval. The original security in the amount of$547,862.00 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated March 22, 2001. Valencia Lakes—Phase 2A. The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of $9,138.48 will be released upon Board approval. The original security in the amount of $91,384.79 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated June 26, 2001. Packet Page -1178- 1/8/2013 Item 16.A.9. Valencia Lakes—Phase 3A. The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of $96,863.10 will be released upon Board approval. The original security in the amount of $1,065,494.10 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated February 12, 2002. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this item and has determined that approval is legally sufficient and requires a majority vote. ERP RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in Valencia Lakes — Phase 1A (FP0053), Valencia Lakes — Phase 2A (AR-992), and Valencia Lakes — Phase 3A (AR- 1415)release the maintenance securities, and authorize; 1. The Chairman to execute the attached resolutions authorizing final acceptance of the improvements and acceptance of the plat dedications. 2. The release of the maintenance securities. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Land Development Services/Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1) Location Maps 2)Bond Basis 3) Resolutions Packet Page-1179- 1/8/2013 Item 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9. Item Summary: Recommendation to grant final approval of the private roadway and drainage improvements for the final plats of Valencia Lakes—Phase 1A (FP00-53), Valencia Lakes—2A, (AR-992) and Valencia Lakes—Phase 3A (AR-1415) with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance securities and acceptance of the plat dedications. Meeting Date: 1/8/2013 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm 12/10/2012 10:15:48 AM Approved By Name: BeardLaurie Title: Planner,Transportation Planning Date: 12/10/2012 10:52:52 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/10/2012 3:03:52 PM Name: BradfordAlison Title: Project Manager,Transportation Planning Date: 12/20/2012 2:10:24 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 12/20/2012 4:48:24 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 12/27/2012 11:00:34 AM Name: FinnEd Packet Page-1180- 1/8/2013 Item 16.A.9. Title: Senior Budget Analyst,OMB Date: 12/27/2012 11:42:35 AM Name: KlatzkowJeff Title: County Attorney Date: 12/27/2012 2:38:23 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 12/31/2012 9:36:13 AM Packet Page-1181- 1 ItOQ 4, o ,0000 . a lipill 147 43:o�oo�2 9 -- i�000 nkkhnio t*iiik•T • O* aQD , ` ea144 0, QOM p J z e °wOd.O 40pba 4 i Q 040 e° o o KJ f oe o,�.�,4 I o oove's�+ �eee°� o o a0e�a 0000� 2 v 5e1g!10141 `�i 43601©00 * o Ota�° w bplaWs. 40. 44,44 t ;0∎ 447, o All, 4a 0 00�oo "-- bitgAS OS1Aea .�. �;o o X40 0 iiiiiiiiiUMMN©a�� �i 1 o:B.000.,, o a ovA s��oss �`�� ����' ���® � oP000�o°aa000c000 o a H H sae sees �■ �Q �o oao oa000e ono �e0 v .4.7, N 1 a 1 go 4ovo1PAC o©b t ova g (WH tl7) OVOtl 33'IVMOIIN-53'1dYN �QOOO�voO©O�v4vOQ_finti©Q�' `� Q N N 0447 , N H 1 N L) H H H H H H t C Q d TIVX 01 LON Y Q J Q � U Z r H I LU 1 i z ` 6Z 'E'S \ W\ U OU 1I /� rc W 1 U Z 0 fi x v ♦ lL - 7 6 m n Qb C`I O O c d _1 ca k0 cA° i 4.. z ,.., V Da 0 • o F'..1 oe0 Q D J ULS6 'WO� LS6 '21'S _ F � Jd . . . _ 11111111 0,` 6 0- >a CO U 2 • • • 1/8/2013 Item 16.A.9. EXHIBIT D ENGINEER'S COST ESTIMATE Packet Page-1183- • 1/8/2013 Item 16.A.9. • BID SCHEDULE "A" CLEARING AND EARTHWORK A-1. Imported off-site clean sand fill including placement and compaction of fill to construct the roadways and other areas as depicted on the plans and/or designated by the Engineer in the field, including compaction testing, per cubic yard truck measure. Unit Quantity Unit Price Total Price Cubic Yard 21,800 $ 4.50 $ 98,100 A-2. Grub roadway and easement areas. Unit Quantity Unit Price Total Price AC. 8 $ 500.00 $ 4,000 Total Bid Schedule "A" $ 102,100 F.OR,WGE'OTB I.EST Packet Page -1184- 1/8/2013 Item 16.A.9. 0 4110 BID SCHEDULE "B" DRAINAGE IMPROVEMENTS Furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in roadway areas, final grading, coordinating with other contractors and utility companies, flushing, clean-up, seeding of all area disturbed by construction, repair of any damage caused by construction and other items necessary to complete the system and provide the owner with a complete working drainage system as shown on the drawings and specified on these contract documents. ITEM DESCRIPTION UNIT OUANTITY UNIT PRICE TOTAL PRICE B-1 15" RCP L.F. 116 $ 19 $ 2,204 B-2 18" RCP L.F. 1252 $ 23 $ 28.796 B-3 24" RCP L.F. 1780 $ 30 $ 53,400 B-4 Catch Basin EA. 25 $ 960 $ 24.000 _ 3'x3' Valley Gutter B-5 Junction Box EA. 1 $ 1.000 $ 1.000 FDOT Type C B-6 18" Flared End EA. 6 $ 600 $ 3.600 B-7 24" Flared End EA. 7 $ 750 $ 5.250 Total Bid Schedule "B" $ 118.250 , F:ORANGEIOTB LEST Packet Page-1185- y , 1/8/2013 Item 16.A.9. 0 •BID SCHEDULE "C" SANITARY SEWAGE COLLECTION SYSTEM Includes furnishing and handling of all required materials, connection to other pipelines, all excavation (including rock and over-excavation if necessary), de-watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, televised tape, infiltration and exfiltration testing, flushing, grouting, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide Owner, DEP and Orangetree Utility Company with a complete working sewage collection system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE C-1 8" Gravity Sewer 0' - 6' Cut L.F. 2,785 $ 16 $ 44,560 C-2 8" Gravity Sewer 6' - 8' Cut L.F. 500 $ 19 $ 9,500 C-3 8" Gravity sewer 8' - 10' Cut L.F. 740 $ 24 $ 17,760 C-4 8" Gravity sewer 10' - 12' Cut L.F. 810 $ 27 $ 21.870 C-5 Manhole 0' - 6' Cut EA. 14 $ 1.350 $ 18.900 C-6 Manhole 6' - 8' Cut EA. 3 $ 1,590 $ 4,770 C-7 Manhole 8' - 10' Cut EA. 3 $ 1,840 $ 5.520 C-8 Manhole 10' - 12' Cut EA. 3 $ 2,100 $ 6,300 C-9 Connect to Existing L.S. 1 $ 500 $ 500 Manhole 26 C-I0 6" Double sewer EA. 43 $ 385 $ 16,555 services C-11 6" Single sewer EA. 12 $ 370 $ 4,440 service Packet Page -1186- 1/8/2013 Item 16.A.9. • C-12 Sanitary sewer pump EA. 1 $ 56.490 $ 56,490 station, complete per pump station detail sheet and Orangetree Utility Company requirements C-13 4" C900, CL150 L.F. 3,037 $ 8 $ 24.296 PVC force main C-14 4" M] bends EA. 10 $ 100 $ 1,000 C-15 4" Plug Valves EA. 2 $ 500 $ 1,000 Total Bid Schedule "C" $ 233,461 F:ORANGE1OT61.EST • • Packet Page-1187- • 1/8/2013 Item 16.A.9. BID SCHEDULE "D" WATER DISTRIBUTION SYSTEM Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connection to other pipelines, all excavation (including rock and over-excavation if necessary), de-watering, bedding material (if necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing, disinfecting pipelines, flushing, clean-up including resodding areas previously sodded, seeding all areas disturbed by construction, providing complete as-built drawings and other items necessary to complete the system and provide the Owner, DEP and Orangetree Utility Company with a complete working water distribution system as shown on the drawings and specified in these contract documents. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE D-1 8" C-900 CL150 L.F. 3,508 $ 12 $ 42,096 PVC Water Main D-2 8" C-900 CL200 L.F. 276 $ 13 $ 3,588 PVC Water Main D-3 8" Gate Valve EA. 9 $ 730 $ 6.570 D-4 BSV (Permanent) EA. 1 $ 700 $ 700 D-5 Connect to Existing L.S. 1 $ 1,800 $ 1,800 8" Water Main inc. jumper assembly and temporary meter D-6 Water Service EA. . 55 $ 450 $ 24.750 D-7 Fire Hydrant Assembly EA. 10 $ 1.690 $ 16.900 D-8 Bends & Fittings EA. 18 $ 125 $ 2,250 D-9 Deflections EA. 2 $ 600 $ 1,200 Total Bid Schedule "D" $ 99,854 F:ORANGE•OTB: EST Packet Page -1188- 1/8/2013 Item 16.A.9. • BID SCHEDULE "E" ROADWAY CONSTRUCTION O Y CONST UC N O Roadway construction complete per Collier County specifications including compacted fill, stabilized subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside grading for full width of right-of-way and easements, finish grading, seeding, mulch and 1 foot strip of sod at edge of valley gutter. ITEM DESCRIPTION UNIT OUANTITY UNIT PRICE TOTAL PRICE E-1 11/2" Asphalt S.Y. 13,152 $ 3.50 $ 46.032 (2 3/4"-Type S-3 Lifts) E-2 8" Limerock Base S.Y. 13,152 $ 5.00 $ 65.760 E-3 12" Stabilized Subgrade S.Y. 15,260 $ 2.00 $ 30.520 E-4 24" Valley Gutter L.F. 8,842 $ 4.35 $ 38.463 E-5 Type "E" Mod. Curb L.F. 509 $ 7.00 $ 3,563 E-6 Type "A" Curb L.F. 150 $ 7.00 $ 1,050 E-7 Sidewalk S.F. 37,558 $ 1.50 $ 56.337 E-8 1' Sod S.F. 24,000 $ 0.20 $ 4,800 E-9 Seed & Mulch L.S. 1 $ 5,000 $ 5,000 E-10 Signage, all signs L.S. 1 $ 10,300 $ 10,300 _ and sign posts as shown on the plans E-1 1 Reflective pavement L.S. 1 $ 150 $ 150 markers E-12 Temp. turn around EA. 1 $ 1.500 $ 1.500 E-13 Connect to existing L.S. 1 $ 2,500 $ 2,500 E-14 Conduit L.S. 1 $ 15,000 $ 15,000 Total Bid Schedule "E" $ 280,975 Packet Page-1189- • • 1/8/2013 Item 16.A.9. BID SCHEDULE SUMMARY SCHEDULE"A" Clearing and Earthwork $ 102,100 SCHEDULE"B" Drainage Improvements $ 118,250 SCHEDULE"C" Sanitary Sewage Collection System $ 233,461 SCHEDULE"D" Water Distribution System $ 99,854 SCHEDULE"E" Roadway Construction $280,975 SCHEDULE"F" Street Lighting $ 22,434 TOTAL BID $857,047 Packet Page-1190- 1/8/2013 Item 16.A.9. RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VALENCIA LAKES — PHASE 1-A,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 36,PAGES 25 THROUGH 27; RELEASE OF THE MAINTENANCE SECURITY;AND ACCEPTANCE OF THE PLAT DEDICATIONS. MAINTENANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS IS THE RESPONSIBILITY OF THE VALENCIA LAKES HOMEOWNERS' ASSOCIATION,INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 27,2001,approved the plat of Valencia Lakes—Phase 1-A for recording;and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code(Collier County Ordinance No. 04-41,as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security;and WHEREAS, the Land Development Services Department has inspected the roadway and drainage improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: final acceptance is hereby granted for those roadway and drainage improvements in Valencia Lakes — Phase 1-A, pursuant to the plat thereof recorded in Plat Book 36, Pages 25 through 27, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Valencia Lakes —Phase 1-A will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk , Chairman 1 of 2 Packet Page-1191- 1/8/2013 Item 16.A.9. Approved as to form and legal sufficiency: Emily R. Pe n Assistant County Attorney CP\12-EIS-02353\5 2 of 2 Packet Page-1192- .$ pd y �� 6 •'a Op,�44GCD,�0�,0 o v °°400a oo�oo°°� R 9 •;* • 444 00110000007 4 . • 'v Op•odaeopoop�,appo.- o;� -'- `00000�krv00000 $oaO 10� o p10 4114r***e o Errnairaips��p0 �OOPOO W ° O c� 0 0 S ��,e�o 'pea�� Q ~ < O . ��e O5 9 i�a-e� ��4 0, Q No 0OOO all°oi a �— Ell hoes ste°e oDee► oho %1H Q ao o ow 00 �o a I- N RI .�* V ♦ o oo a ��0 �� P op�,p 0 poo . t .&o lois 4 as s oopigio 0 �� �OV s p � Arid °►40 O 0 r gaffeese V. oo g 400 � �° i 411°Oe o � 0a�d► 0 � �pp00 � a A 44�i�i�kfiiif000 s�v� 41511 ° - 4110110:11"gs e v v ♦pd0poIp N ry r�v(.. °) .. 3lN— w �Qoo4 0v o' "Ihto N -4,00©41:::0 _ q N 4 ovR lai! iaas a LU y N i a t a / s L , i 37f3S°i iw J Q U Z W J ) 2 ' , Y > U U y s O i'V ` sz 'S'S \ U U n H 1 w U 2 O i. u W a0 u; o%„,,,,. ° ¢ \33 r �Qz V O q O • o0 o I- °oo Q °, o0 oy �� U r ) O > ass •a•3 ' e ' W§ LI •iij s 4111' 3 g5- • 1/8/2013 Item 16.A.9. AUG 2 3 2001 PottensErivicEs T CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this a6 i day of 9 200/ by Orangetree Associates, Inc. (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board" OR "County") and Florida Community Bank ,hereinafter "Lender" or"Escrow Agent").RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat(s) of a subdivision to be known as: Orangetree Valencia Lakes Phase 2-A. The subdivision will include certain improvements^WMErrare required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Davidson Engineering, Inc., a copy of which is attached hereto and incorporated herein as Exhibit "A". For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Land Development Code Division requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Alooth D. Lender has entered into a construction loan agreement with Developer dated August 30, 2000, (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 $91,384.79 and this amount represents 110% of the Developer's engineer's site construction cost estimate for work yet remaining to complete the Required Improvements; See Exhibit "B"which is attached hereto and incorporated herein. 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 Development Services Director within six months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $91,384.79 from the frigok Construction Loan, in escrow, pursuant to the terms of this Agreement. Packet Page-1194- • 1/8/2013 Item 16.A.9. 3. Lender agrees to hold in escrow $91,384.79 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 Development Services Director 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 Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $58,732.00 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 Development Services Director 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 development's approvals 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, including any engineering, or other construction related costs and expenses 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 the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by Packet Page-1195- 1/8/2013 Item 16.A.9. ... :........ the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required improvements shall not be considered complete 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 Development Services Director for compliance with the Coliet County Subdivision Regulations 7. The Development Services Director 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 of the Required Improvements. However, in no event shall the Development Services Director 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. The parties agree that the Lender, as Escrow Agent, will not be liable to the Developer for disbursement of escrow funds to the County upon an improper demand by the County, so long as the Lender acts in good faith. The sole obligation of the Lender is to honor the applicable terms and conditions of this Agreement as an escrow agent. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director 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. Packet Page-1196- 1/8/2013 Item 16.A.9. • 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 Lender. IN WITNESS WHEREOF, THE Board; Developer, and Lender have caused this Agreement to be executed by their duly authorized representatives this dG*G day of -ate , 20 0/ SIGNED, SEALED AND DELIVERD IN ORANGE REE ASSOCIATES THEP - ' ' NCEOF: Atill i ���./ 0 A / ; By. , i, ,. 4/I/ 1 ( - - / St- v- owitz, e President A'1 4�l ii T /� //.mod Printed or Typed Name - 1 0 (4 Cift --Flk 0_ aatifbat Printed or Typed Name FLORIDA COMMUNITY BANK r ,), , By / . r _ ignature CM/l) 'i / 1/515'0,04/d V Ah<141'" Printed or Typed Name Printed or Typed Name 1:-.if: Se .p- • ek 4k 0. ctttc •pb.e li Printed or Typed Name Packet Page -1197- • 1/8/2013 Item 16.A.9. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK f k. - / ' By: ••r.0i40j :Deputy: Clerk Whit J.J, es D. Carter, Ph.D., ft`t0 cNtraires Chairman A Approved as to form and legal sufficiency: \k19‘14 rr Patrick.G. White, Esq. �l�5 1.` ` , • Packet Page -1198- 1/8/2013 Item 16.A.9. EXHIBIT B -Orangetree Valencia Lakes Phase 2-A Opinion of Remaining Probable Construction Cost to Complete the Required Phase 2-A Subdivision Improvements Prepared By:Davidson Engineering,Inc. 1720 J&C Boulevard,Suite 3 Naples,FL 34109 As of July 30, 2001, the actual estimated cost(based on contractors pay requests)to complete the Valencia Lakes Phase 2-A infrastructure is$58,732.00 The above cost plus ten (10%) percent of the original amount is: $58,732.00 plus 10%of $326,524.00 ($32,652.40). Total Security amount for Phase 2-A is: $58,732.00+ $32,652.00= $91,384.79. • Packet Page-1199- 1/8/2013 Item 16.A.9. EXHIBIT B Orangetree Valencia Lakes Phase 2-A Opinion of Remaining Probable Construction Cost ' - to Complete the Required Phase 2-A Subdivision Improvements Prepared By:Davidson Engineering,Inc. 1720 J&C Boulevard,Suite 3 Naples,FL 34109 As of July 30, 2001, the actual estimated cost(based on contractors pay requests)to complete the Valencia Lakes Phase 2-A infrastructure is$58,732.00 The above cost plus ten (10%) percent of the original amount is: $58,732.00 plus 10%of $326,524.00 ($32,652.40). Total Security amount for Phase 2-A is:$58,732.00+ $32,652.00=$91,384.79. • Packet Page -1200- 1/8/2013 Item 16.A.9. RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VALENCIA LAKES — PHASE 2-A,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37,PAGES 10 THROUGH 12; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS. MAINTENANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS IS THE RESPONSIBILITY OF THE VALENCIA LAKES HOMEOWNERS' ASSOCIATION,INC. WHEREAS,the Board of County Commissioners of Collier County,Florida, on June 26, 2001,approved the plat of Valencia Lakes—Phase 2-A for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code(Collier County Ordinance No.04-41, as amended);and WHEREAS, the Developer is requesting'final acceptance of the roadway and drainage improvements and release of his maintenance security;and WHEREAS, the Land Development Services Department has inspected the roadway and drainage improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: final acceptance is hereby granted for those roadway and drainage improvements in Valencia Lakes—Phase 2-A, pursuant to the plat thereof recorded in Plat Book 37, Pages 10 through 12, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Valencia Lakes—Phase 2-A will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk , Chairman 1 of 2 Packet Page-1201- 1/8/2013 Item 16.A.9. Approved as to form and legal sufficiency: Emily R. 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(we NO) a$07! 331YONNI-531dYN QO0 \.v Q°Pao��ooa °o00.•Ial•I•Ilrn p e 1 i r,-) e B 6 e [ T d i UJ 31Y OL 10N Y 31V35 Q J Q U Z J W Z V Z 4: \ sz a 5 & w ( 0— --- = U w D 4° O Q O 0 2 rr m o V J m(j n n O a Q Q■ D V[ i�Q O 0 Oo F- odo Q a` . 0 OD 4� Y (ss a� NirPAD 0 0 p w (ss �a S � I wi N IPIII 3 , .,1119trw,....- - .pcP al) U2 .@1/15/2002 13:31 5975195 DAVIDSON ENGINEERING 1/8/2013 Item 16.A.9. • EXHIBIT A ORANGETREE VALENCL4,LAKES PRASE 3-A OPINION OF PROBABLE CONSTRUCTION COST SUBDIVISION IMPROVEMENTS Prepared by : Davidson Engineering,Inc. 2154 Trade Center Way, Suite 3 Naples,Fl 34109 Clearing and Earthwork $ 88,365.00 Drainage Improvements $ 102,843.00 Roadway Construction $ 244,254.00 Potable/Fire Water System $ 138,254.00 Sanitary Sewer System $ 371,360.00 Street Lighting $ 23,555.00 Sub Total $ 965,631.00 10% Contingency $ 96,863.10 TOTAL $ 1.065,494.10 Post-it°Fax Note 7671 Dal- C. 6 Ate► coJD.pt4 si/:- .r ^ " E?� `��_�• et i'1216112211111 Packet Page-1204- 1/8/2013 Item 16.A.9. RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VALENCIA LAKES — PHASE 3-A,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 93 THROUGH 97; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS. MAINTENANCE OF THE ROADWAY AND DRAINAGE IMPROVEMENTS IS THE RESPONSIBILITY OF THE VALENCIA LAKES HOMEOWNERS' ASSOCIATION,INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 12,2003, approved the plat of Valencia Lakes—Phase 3-A for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code(Collier County Ordinance No. 04-41,as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Land Development Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: final acceptance is hereby granted for those roadway and drainage improvements in Valencia Lakes —Phase 3-A, pursuant to the plat thereof recorded in Plat Book 37, Pages 93 through 97, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Valencia Lakes—Phase 3-A will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA By: ,Deputy Clerk , Chairman 1 of 2 Packet Page-1205- 1/8/2013 Item 16.A.9. Ap.roved as to form and legal sufficiency: Emily R P- .4 Assistant County Attorney CP\12-EIS-02353\7 2of2 Packet Page-1206-