Backup Documents 04/24/2012 Item #16A 3[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.:
ROUTED TO: 1 140
V iii f.1 I Gi \iii i
12;'"i'_!4 riME0'34
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DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
16A 3a!
OFFIc,-c-
COUNTY ATToj�,4
E Y
12 APR 26 PM 3: 4 7
Date: -April 26;-20 H- A&AY it 7,012.. ; PL 2,011_- 264_, �-
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To: Office of the County Attorney, Attention: teve Williams
From: John R. Houldsworth, Senior Engineers
Development Services Engineering Review , � f
p g g � ex<<>>�o
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Re:
BACKGROUND OF REQUEST/PROBLEM:
Please review attached C nnqt nn i q n cment for legal sufficiency.
S 7Z L)
(Are there documents or other information needed to review this matter ?) ��a7//Z
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This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.) L Sall `t
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ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC with
final plat. S•�
OTHER COMMENTS, p EV,
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16A 33
MEMORANDUM
Date: May 10, 2012
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Fairgrove at Talis Park — Plat & Agreement
Attached for your records is a copy of the document referenced
above (Agenda Item #16A3) adopted by the Board of County
Commissioners on Tuesday, April 24, 2012.
If you should have any questions, please feel free to contact me at
252 -7240.
Thank you.
Attachment (1)
16p 34
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this `d day of &\A, y , 2012 by KE TALIS
PARK PROPERTIES, LLC, a Delaware limited liability company (hereinafter "Developer "),
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
(hereinafter the "Board ") and ROETZEL &ANDRESS, LPA (hereinafter "Escrow Agent ").
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 Fairgrove at Talis Park.
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 Waldrop
Engineering, P.A., 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. In conjunction with entering into this escrow agreement (the "Escrow Agreement ")
Developer has deposited with Escrow Agent the sum of One Hundred Seventy Two Thousand
One Hundred Fifty Five and 26/100 Dollars ($172,155.26) in Bank of America, Account No.
8980 5230 4212 to guaranty the completion of the remaining Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is One Hundred Seventy Two Thousand One Hundred
Fifty Five and 26/100 Dollars ($172,155.26), and this amount represents 100% of the
Developer's engineer's estimate of the remaining construction costs to be incurred to complete
the Required Improvements plus 10% of the total estimated cost of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent 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 eighteen (18) months from the date of approval of said
subdivision plat.
1
16A 31
2. Developer hereby authorizes Escrow Agent to hold One Hundred Seventy Two Thousand
One Hundred Fifty Five and 26/100 Dollars ($172,155.26) (the "Escrow Funds "), in escrow,
pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this
Agreement.
4. The Escrow 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 Forty Nine
Thousand Seven Hundred Thirty and 21/100 Dollars ($49,730.21) 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 Escrow Agent agrees to
pay to the County immediately upon demand the balance of the funds held in escrow by the
Escrow Agent, 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 Escrow Agent 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 Developer any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Escrow Agent for
release of only those specified funds to the Developer. Payment by the Escrow Agent to the
Developer of the amounts specified in a letter of authorization by the County to the Escrow
2
16A 3J
Agent shall constitute a release by the County and Developer of the Escrow Agent 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 Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provisions; provided,
that the Escrow Agent 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 (1) year after
preliminary approval of the Required Improvements by the County Manager or his designee.
After the one (1) 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 Escrow Agent's responsibility to the Board under this Agreement shall be
automatically 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 Escrow Agent.
16p
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this s`c' day of �ti0 , 2012.
SIGNED IN THE PRESENCE OF:
d ,
Printed Name: l:nris! i ne t i ine 4ja
Printed Name: ,:,--�,
Printed Name: Oc` �1 �jf 6
Printed Name:
ATTEST:
DWIGHT E. BRQCK; CLERK
#&tft'bdPhtWJMir2W .
st roved gasp thorm legal sufficiency:
Print Name: STtUCn 7ri,J,*11 4 ms
Assistant County Attorney
DEVELOPER:
KE Talis Park Properties, LLC,
a Delaware limited liability company
By: �W—jv-
J06/Asher, Vice President
(Provide Proper Evidence of Authority)
ESCROW AGENT:
Roetzel & Andress, L.P.A.
By:
Print Name /Title: Nl
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
B W•
By:
Print Name: �e,E� �i�• CDyLC
Chairman
3
.20
FAIRGROVE WAY
F.K.A. AREZZO WAY AT TUSCANY RESERVE (PHASE IQ
OPINION OF PROBABLE COST
Wastewater
$3,650.00
Water
$10,060.00
Drainage
$29,844.30
Paving
$68,137.00
Lighting
$10,000.00
Earthwork $733.75
TOTAL IMPROVEMENTS $122,425.05
110% OF TOTAL IMPROVEMENTS $134,667.56
ESTIMATED DATE OF COMPLETION: December, 2013
16p 34
Ronald D Waldrop, P.E
Florida Registration # 52794
Certificate of Authorization # 863
JV44-05 (Talis Park) FairgrovelExoe112012 -02-08 County OPC REV05 (submitted)
Fkl-4 t�G 1 1.
16A 31
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
Modify and Relocate Existing Sewer Service
18
EA
$125.00
$2,250.00
Clean-out
2
EA
$50.00
$100.00
6" Single PVC Sewer Service w/ Cleanout
1
EA
$550.00
$550.00
6" Double PVC Sewer Service w/ Cleanout
1
EA
$750.00
$750.00
TOTAL = $3,650.00
16q 3
WATER
Estimated
Description Quantity Unit Unit Price Amount
Relocate Existing Fire Hydrant 4 EA $460.00 $1,840.00
1" Single Water Service, Complete 6 EA $155.00 $930.00
1 1/2" Double Water Service, Complete 13 EA $240.00 $3,120.00
8" PVC Water Main (C900 Class 150) 278 LF $15.00 $4,170.00
TOTAL = $10,060.00
16A 33
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
12" HDPE
1,254
LF
$12.00
$15,048.00
30" RCP
254
LF
$31.45
$7,988.30
Type "C" Grate Inlet
1
EA
$1,500.00
$1,500.00
12" ADS Yard Drain (or equivalent)
15
EA
$185.00
$2,775.00
Remove Existing 30" RCP
146
LF
$10.50
$1,533.00
Grout Existing RCP
1
LS
$1,000.00
$1,000.00
TOTAL = $29,844.30
16A 3,
PAVING
405
SY
$3.60
$1,458.00
3/4" Asphaltic Concrete (Type S -111) Second Lift
Estimated
SY
$3.60
$1,458.00
Description
Quantity
Unit
Unit Price
Amount
PHASE 1
518
SY
$2.85
$1,476.30
Signing and Marking
1
LS
$200.00
$200.00
3/4" Asphaltic Concrete (Type S -III) First Lift
5,808
SY
$3.60
$20,908.80
3/4" Asphaltic Concrete (Type S -III) Second Lift
5,808
SY
$3.60
$20,908.80
6" Lime Rock Base
643
SY
$5.80
$3,729.40
12" Stabilized Subgrade (Onsite Material)
862
SY
$2.85
$2,456.70
Type "A" Curb & Gutter
345
LF
$7.20
$2,484.00
Valley Gutter
590
LF
$4.75
$2,802.50
SUB -TOTAL =
$53,490.20
PHASE 2
3/4" Asphaltic Concrete (Type S -III) First Lift
405
SY
$3.60
$1,458.00
3/4" Asphaltic Concrete (Type S -111) Second Lift
405
SY
$3.60
$1,458.00
6" Lime Rock Base
405
SY
$5.80
$2,349.00
12" Stabilized Subgrade (Onsite Material)
518
SY
$2.85
$1,476.30
Type 'F Curb and Gutter
193
LF
$9.00
$1,737.00
3' Valley Gutter Crossing
2
EA
$2,500.00
$5,000.00
Valley Gutter
246
LF
$4.75
$1,168.50
SUB -TOTAL =
$14,646.80
TOTAL = $68,137.00
LIGHTING
Estimated
16A 39
Description Quantity Unit Unit Price Amount
Lighting 1 LS $10,000.00 $10,000.00
TOTAL = $10,000.00
16A 31
EARTHWORK
Estimated
Description Quantity Unit Unit Price Amount
Sod (1' Behind Curb) 587 SY $1.25 $733.75
TOTAL = $733.75
16A 31
FAIRGROVE WAY
F.K.A. AREZZO WAY AT TUSCANY RESERVE (PHASE IQ
EXISTING IMPROVEMENTS OPINION OF PROBABLE COST
Wastewater $180,204.00
Water $50,860.00
Drainage $59,373.00
Paving $84,440.00
TOTAL EXISTING IMPROVEMENTS $374,877.00
10% OF TOTAL EXISTING IMPROVEMENTS $37,487.70
NOTE: Unit prices as specified by Heidt and Associates Engineer's Opinion of Probable Cost
for Tuscany Reserve Phase 1 B and IC dated March 3, 2005.
Infrastructure quantity reflects existing infrastructure that has been completed to date and
will remain to serve Fairgrove Way at Tabs Park, PL20110002642.
�� fK
onald b Waldrop, P.E.
yam.
Florida Re istr:A&�tl-# 2794��
Certificate of Au horizMon # 8636
J1Q44-05 (Talis Park) FairgrovelExceNExisting Phase 1C OPC REV00 (submitted)
16A 3'
WASTEWATER
Estimated
Description Quantity Unit Unit Price Amount
8" Gravity SDR 26 PVC (Less than 8' Depth)
243
LF
$22.00
$5,346.00
8" Gravity SDR 26 PVC (8' - 12' Depth)
1,600
LF
$35.00
$56,000.00
8" Gravity SDR 26 PVC (Over 12' Depth)
367
LF
$55.00
$20,185.00
Manhole (Less than 8' Depth)
2
EA
$2,500.00
$5,000.00
Manhole (8' - 12' Depth)
3
EA
$3,600.00
$10,800.00
Manhole (Over 12' Depth)
3
EA
$5,300.00
$15,900.00
TV Inspection (Preliminary)
2,210
LF
$1.30
$2,873.00
Pump Station #1
1
LS
$60,000.00
$60,000.00
4" PVC Force Main (C- 900,DR 25)
410
LF
$10.00
$4,100.00
TOTAL = $180,204.00
16A 3
WATER
Estimated
Description Quantity Unit Unit Price Amount
10" PVC Main (C -900, DR18) 2,560 LF $16.00 $40,960.00
10" Gate Valve 2 EA $1,500.00 $3,000.00
Fire Hydrant Assembly 2 EA $2,800.00 $5,600.00
Permanent Sample Point 1 EA $1,300.00 $1,300.00
TOTAL = $50,860.00
16A 31
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
15" RCP
289
LF
$27.00
$7,803.00
18" RCP
307
LF
$31.00
$9,517.00
24" RCP
235
LF
$40.00
$9,400.00
30" RCP
197
LF
$49.00
$9,653.00
3' x 4' Valley Gutter Inlet
2
EA
$2,100.00
$4,200.00
3' x 6' Valley Gutter Inlet
6
EA
$2,900.00
$17,400.00
3' x 4' Valley Gutter Inlet (Top Only)
1
EA
$600.00
$600.00
3' x 6' Valley Gutter Inlet (Top Only)
1
EA
$800.00
$800.00
TOTAL = $59,373.00
16p 3'1
PAVING
Estimated
Description Quantity Unit Unit Price Amount
12" Stabilized Subgrade
6,200
SY
$2.00
$12,400.00
8" Limerock Base (Primed)
5,400
SY
$8.00
$43,200.00
Concrete Valley Gutter
4,470
LF
$6.00
$26,820.00
Type'A' Curb
190
LF
$8.00
$1,520.00
Handicap Curb Ramp
2
EA
$250.00
$500.00
TOTAL = $84,440.00
U21-
March 12, 2012
MAL /M t ■1f1A1Mr1 Er- IL 1/1MIL I or- Er- W-ftMa, IAr%
16q 3
Mr. John Houldsworth
Collier County Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Subject: Fairgrove at Talis Park (Phase 1C)
(fka Arezzo Way at Tuscany Reserve)
AR # PL20110002642
Escrow Reduction Request
Dear Mr. Houldsworth:
Please accept this letter as a written request to reduce the Tuscany Reserve Phase 1 Escrow Funds based on
completed improvements at Fairgrove at Talis Park (formally referred to as Tuscany Reserve Phase 1 C) by
$479,624.20, from $1,434,259.20 to $954,635.00
It is KE Talis Park Properties, LLC's intent to provide a new bond for Fairgrove via a Construction
Maintenance Escrow Agreement for Subdivision Improvement for the remaining, yet to be completed
Fairgrove at Talis Park infrastructure and simultaneously reduce (and transfer) the existing Tuscany
Reserve Phase 1 Escrow Funds, accounting for the infrastructure that has been completed since
executing the previous Phase 1 Escrow Agreement.
Below are the Bond Summary and Reduction Calculation:
Current Tuscany Reserve Phase 1 Bond Amount:
Remaining Phase 1 B and 1 C Infrastructure (as of March 8, 2005)
10% Maintenance Bond (All of Phase 1)
Fairgrove at Talis Park Bond Amount (f.k.a. Phase 1C):
Proposed Phase 1 C Infrastructure ($122,425.05)
Proposed Phase 1C Infrastructure Maintenance Bond (110 %)
Existing Infrastructure ($374,887.00)
Existing Infrastructure Maintenance Bond (10 %)
Bond Reduction Calculation:
Current Tuscany Reserve Phase 1 Bond Amount
Original Phase 1 C Infrastructure - 110% Bond
Proposed Phase 1 Bond (to remain)
$1,092,924.14
$341.335.06
$1,434,259.20
$134,667.56
$37,487.7
$172,155.26
$1,434,259.20
($479,624.20)
$954,635.00