Backup Documents 01/22/2013 Item #16A16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S .I6 A 1 6
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
312.11L
4. BCC Office Board of County . tG\a
Commissioners y 4\-zA l
5. Minutes and Records Clerk of Court's Office
4(2(13
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 - .._, AiNg_t_N-�
Agenda Date Item was Jan.22,2013 �� Agenda Item Number 16-A16
Approved by the BCC
Type of Document Construction&Maintenance Agreement/ Number of Original 1
Attached Letter of Credit Nrilvo tiq Documents Attached
PO number or account l Jpc`'
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? JH
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed JH
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 N/A
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 yott eadlines!
8. The document was approved by the BCC on Jan.22,2013 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 fo he
Chairman's signature. C p'Q App ft)v`e 4 it(m s •
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 16
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
h day of " )0(ri t.&aft' I ,2013 between Vita PIMA,LLC
hereinafter referred to as "Developer'/, and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Lantana @ Olde Cypress
B. Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:MVLr4G, EA-R, A1,tkui
within 12 months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$503,244.90 - which amount represents 10% of the
total contract cost to complete the construction plus 100%of the estimated cost to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until such 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
Land Development Code.
5. 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,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the 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.
6. The Developer shall maintain all required Improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period by
the Developer has terminated,the developer shall petition the County Manager or his designee to inspect
the required improvements. The County Manager or his designee shall inspect the improvements and, if
found to be still in compliance with the Land Development Code as reflected by final approval by the
Board, the Board shall release the remaining 10% of the subdivision performance security. 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.
16A16
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete. Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of substantial
completion by the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the request for a
reduction in the amount of the subdivision performance security for the improvements completed as of
the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements
required herein. The Developer,as principal under the subdivision performance security,shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board
thereof, including, but not limited to,engineering, legal and contingent costs,together with any damages,
either direct or consequential, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer
and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board an j,the Developer have caused this Agreement to be executed by their duly
authorized representatives this D2 Y,CA day of (j n IA jn/ , 2013
SIGNED IN THE PRESENCE OF: (Name of entity)
Printed Na e 2 IdP
Printed Name/Title
• J (President,VP,or CEO)
1
f�r qUlr}.1 n- (Provide Proper Evidence of Authority)
Prin l• Name �V t f
ATTEST:
DWIGHTE..BfPOCI CLERK BOARD OF COUNTY 'MMISSIONERS OF COLLIER
.. ^ ' COUN FLORIDA
BYE; /!' • :• c _ By
Dt'p *, R8 ( GE•:( 1 -. ILLER, ESQ.
1:‘," — CHAIR •MAN
Approved as tb forfnand legal sufficiency:
f c, shit + t c ff f fv t 1 e
16A16
4411014ft' FCB
FLORIDA COMMUNITY BANK
IRREVOCABLE STANDBY LETTER OF CREDIT
No. 800263-200
ISSUER: Florida Community Bank, N.A.
1400 N 15 Street
Immokalee, FL 34142
(239)303-5375
(hereinafter"Issuer").
PLACE AND DATE OF ISSUE: 1400 N. 15 Street, Immokalee, FL 34142, January 30, 2013.
PLACE OF EXPIRY: At issuer's counters located at 1400 N. 15 Street, Immokalee, FL 34142.
DATE OF EXPIRY: This Credit shall be valid until January 30, 2014, 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:
Vita Pima, LLC
2647 Professional Circle, Unit 1201
Naples, FL 34119
(239)449-5227
(hereinafter"Applicant")
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Engineering Reivew Services, 2800 North Horseshoe Drive, Florida, 34104.
AMOUNT: $503,244.90 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Florida Community Bank, N.A. (Issuer).
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
2001 Palm Beach Lakes Blvd.. Ste. 100 • West Palm Beach, FL 33409 • Tel(561)681-5562 • Fax(561)684-0885
16 A10
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
(SUBSTANTIALLY IN THE FORM ATTACHED) DRAWN ON THE ISSUER AND PRESENTED
AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT (SUBSTANTIALLY
IN THE FORM ATTACHED) PURPORTEDLY SIGNED BY THE COUNTY MANAGER,
CERTIFYING THAT: " VITA PIMA, LLC has failed to construct and/or maintain the improvements
associated with that certain plat of a subdivision know as LANTANA or a final inspection satisfactory to
Collier County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary."
DRAFTS DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under Florida
Community Bank, N.A., Credit No. 800263-200 , dated January 30, 2013 ." 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 of this
credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision),
International Chamber of Commerce Publication No. 600.
FLORID C M IT i! BA Of.A.
By:
David Albright, Senior Vice President
Senior Banking Executive,
Southeast and Treasure Coast
Approved as to form&legal sufficiency
014 640
Assi= r Coun Attorney
2
16A16
SIGHT DRAFT
Standby Letter of Credit
Date:
Pay on presentation to the order of: ( *Beneficiary)
The sum Dollars
of ($ )
Drawn on: Florida Community Bank, N.A.
(Name of Bank Issuing Letter of Credit)
Reference: Irrevocable Standby Letter of Credit No. 800263-20 dated:
(Beneficiary)
By: ✓
Authorized Representative of Beneficiary
3
a..
16A16
Certificate
Standby Letter of Credit
#800263-200
THE CERTIFICATE
The undersigned, a duly authorized representative of Beneficiary, hereby CERTIFIES as follows with
respect to that certain Irrevocable Standby Letter of Credit No. 800263-200 dated (the
"Letter of Credit"), issued by (Florida Community Bank, N.A. ] in favor of
("Beneficiary"):
1. The amount of the draft presented with this Certificate does not exceed the aggregate
maximum amount remaining available to be drawn under the Letter of Credit as
provided therein.
2.
[set forth any additional required certifications].
IN WITNESS WHEREOF, this Certificate has been duly executed on
(Beneficiary)
By:
Authorized Representative of Beneficiary
4
16A16
Lantana @ Olde Cypresss
(f/k/a Vita Tuscana)
OPINION OF PROBABLE COST
March 7, 2013
SUMMARY
EOPC Amount Remaining Work
Wastewater $405,685.25 $0.00
Water $247,247.50 $0.00
Irrigation $146,638.50 $0.00
Drainage $275,395.40 $0.00
Paving $633,579.30 $311,499.50
Earthwork $95,408.05 $0.00
Landscaping $38,500.00 $0.00
Lighting $75,000.00 $0.00
TOTAL $1,917,454.00 $311,499.50
10% of Original Amount $ 191,745.40
100% of Remaining Work $ 311,499.50
Required Bond Amount $ 503,244.90
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WASTEWATER
Original New
Description Quantity Quantity Unit Unit Price EOPC Amount
6"Single PVC Sewer Service w/Cleanout 15 18 EA $575.00
$10,350.00
6"Double PVC Sewer Service w/Cleanout 54 52 EA $750.00
$39,000.00
8"PVC Sanitary Sewer SDR-26 5,208 5,208 LF $25.50
$132,804.00
Manhole 4'Diameter with IET Coating 21 21 EA $4,000.00
$84,000.00
Television Inspection 5,208 5,208 LF $1.00
$5,208.00
Connect to Existing Force Main 1 1 EA $2,500.00
$2,500.00
4"PVC ForceMain DR-I 1 53 53 LF $14.25
$755.25
4"Ductile Iron Pipe 82 82 LF $36.50
$2,993.00
4"HDPE Directional Bore 83 83 LF $17.00
$1,411.00
8"HDPE Directional Bore Casing Pipe 48 48 LF $68.00
$3,264.00
4"Plug Valve 1 1 EA $950.00
$950.00
4"Check Valve 1 1 EA $950.00
$950.00
Pump Station 1 1 EA $120,000.00
$120,000.00
Air Release Valve 1 1 EA $1,500.00
$1,500.00
TOTAL= $405,685.25
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WATER
Original New
Description
Quantity Quantity Unit Unit Price EOPC Amount Remaining Work
1"Single Water Service,Complete 11 10 EA $600.00 $6,000.00
$0.00
1 1/2"Double Water Service,Complete 56 56 EA $1,250.00 $70,000.00
$0.00
6"PVC Water Main(C900 Class 150) 0 0 LF $13.50 $0.00
$0.00
6"PVC Water Main(C900 Class 200) 0 0 LF $15.00 $0.00
$0.00
8"PVC Water Main(C900 Class 150) 5,180 5,120 LF $17.50 $89,600.00
$0.00
8"PVC Water Main(C900 Class 200) 120 135 LF $21.00 $2,835.00
$0.00
10"PVC Water Main(C900 Class 150) 582 582 LF $21.50 $12,513.00
$0.00
10"PVC Water Main(C900 Class 200) 90 90 LF $24.00 $2,160.00
$0.00
6"Gate Valve 0 0 EA $900.00 $0.00
$0.00
8"Gate Valve 15 12 EA $975.00 $11,700.00
$0.00
10"Gate Valve 4 4 EA $1,025.00 $4,100.00
$0.00
8"HDPE Directional Bore Pipe 0 0 LF $16.50 $0.00
$0.00
12"HDPE Casing Pipe 0 0 LF $98.00 $0.00
$0.00
10"HDPE Directional Bore Pipe 47 50 LF $20.50 $1,025.00
$0.00
16"HDPE Casing Pipe 47 50 LF $130.00 $6,500.00
$0.00
Fire Hydrant 12 12 EA $2,287.00 $27,444.00
$0.00
Connect to Existing Water Main 1 1 EA $1,850.00 $1,850.00
$0.00
6"Temporary Jumper 1 1 EA $4,400.00 $4,400.00
$0.00
6"x 8"Reducer 0 0 EA $550.00 $0.00
$0.00
8"x10"Reducer 2 2 EA $750.00 $1,500.00
$0.00
Air Release Valve 2 2 EA $725.00 $1,450.00
$0.00
Automatic Flushing Device 1 1 EA $1,950.00 $1,950.00
$0.00
Temporary Sample Point 6
6 EA $275.00 $1,650.00 $0.00
Permanent Sample Point I I EA $570.50 $570.50
$0.00
TOTAL= $247,247.50 $0.00
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IRRIGATION
Original New
Description Quantity Quantity Unit Unit Price EOPC Amount Remaining Work
4"PVC Irr.Main(C900,Class 150) 5,448 5,448 LF $9.50 $51,756.00 $0.00
4"PVC In.Main(C900,Class 200) 230 230 LF $10.00 $2,300.00 $0.00
4"Temp.Blow-Off 2 2 EA $1,250.00 $2,500.00 $0.00
4"Gate Valve w/Box 10 10 EA $650.00 $6,500.00 $0.00
6"PVC Irr.Main(C900,Class 150) 95 95 LF $11.50 $1,092.50 $0.00
6"Gate Valve w/Box I 1 EA $850.00 $850.00 $0.00
Single Irrigation Service,Complete 22 22 EA $860.00 $18,920.00 $0.00
Double Irrigation Service,Complete 56 56 EA $1,120.00 $62,720.00 $0.00
TOTAL= $146,638.50 $0.00
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DRAINAGE
Original New
Description Quantity Quantity Unit Unit Price EOPC Amount Remaining Work
12"HDPE 2,785 2,750 LF $16.50 $45,375.00 $0.00
15"HDPE 1,216 104 LF $21.00
$2,184.00 $0.00
18"HDPE 1,054 178 LF $23.00
$4,094.00 $0.00
24"HDPE 631 0 LF $25.00 $0.00
$0.00
30"HDPE 283 0 LF $27.00 $0.00
$0.00
36"HDPE 66 0 LF $29.00 $0.00
$0.00
15"RCP 1,118 833 LF $22.60 $18,825.80 $0.00
18"RCP 601 1,486 LF $25.40
$37,744.40 $0.00
24"RCP 1,580 1,726 LF $33.70 $58,166.20
$0.00
12"ADS Yard Drain(or equivalent) 20 22 EA $200.00 $4,400.00
$0.00
15"ADS Yard Drain(or equivalent) 9 1 EA $450.00 $450.00
$0.00
18"ADS Yard Drain(or equivalent) 6 0 EA $600.00
$0.00 $0.00
24"ADS Yard Drain(or equivalent) 2 0 EA $750.00
$0.00 $0.00
30"ADS Yard Drain(or equivalent) 1 0 EA $900.00
$0.00 $0.00
18"Flared End 0 4 EA $804.00
$3,216.00 $0.00
24"Flared End 3 13 EA $1,400.00 $18,200.00
$0.00
Control Structure 2 2 EA $3,500.00
$7,000.00 $0.00
Type 9 Curb Inlet 2 2 EA $2,200.00 $4,400.00 $0.00
Valley Gutter Inlet 24 24 EA $1,885.00
$45,240.00 $0.00
Junction Box I I EA $2,000.00 $2,000.00
$0.00
Modified Type"C"Inlet 1 1 EA $2,500.00 $2,500.00
$0.00
Type"C"Grate Inlet 27 9 EA $2,400.00 $21,600.00
$0.00
Concrete Weir Wall 60 0 LF $165.00
$0.00 $0.00
Rip Rap 125 0 SY $25.00 $0.00
$0.00
TOTAL= $275,395.40 $0.00
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PAVING
Estimated
Description Quantity Unit Unit Price EOPC Amount Remaining Work
Signing and Marking I LS $10,000.00 $10,000.00 $0.00
Valley Gutter 10,817 LF $4.75 $51,380.75 $0.00
3'Valley Gutter Crossing 113 LF $5.75 $649.75 $0.00
Type"F"Curb&Gutter 429 LF $12.50 $5,362.50 $0.00
Type"A"Curb&Gutter 562 LF $15.00 $8,430.00 $0.00
4"Concrete Sidewalk(Reinforced) 6,346 SY $37.00 $234,802.00 $234,802.00
3/4"Asphaltic Concrete(Type S-IIl)First Lift 13,943 SY $5.50 $76,686.50 $0.00
3/4"Asphaltic Concrete(Type S-IIl)Second Lift 13,945 SY $5.50 $76,697.50 $76.697.50
8"Limerock Base(compacted and primed) 13,945 SY $8.50 $118,532.50 $0.00
12"Stabilized Subgrade(Onsite Material) 17,908 SY $2.85 $51,037.80 $0.00
TOTAL= $633,579.30 $311,499.50
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EARTHWORK
Estimated
Description Quantity Unit Unit Price EOPC Amount Remaining Work
Clearing and Grubbing 19.74 AC $3,500.00 $69,090.00
$0.00
Sod(20'LME) 11,632 SY $1.25 $14,540.00
$0.00
Sod(1'Behind Curb) 1,282 SY $1.25 $1,602.50
$0.00
2'Silt Fence 6,167 LF $1.65
$10,175.55 $0.00
TOTAL= $95,408.05 $0.00
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LANDSCAPING
Estimated
Description Quantity Unit Unit Price
EOPC Amount
Landscape 1 LS $38,500.00 $38,500.00
TOTAL= $38,500.00
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LIGHTING
Estimated
Description Quantity Unit Unit Price EOPC Amount
Light Fixtures 30 EA $2,500.00 $75,000.00
TOTAL= $75,000.00