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Backup Documents 07/24/2012 Item #16A 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIf4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L VA8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the o.w_ ilu- ...I c:nnofi— a�— 9 home thmnnh rnnrinn 8nee 8t rhmnvh 04 cmmnlete the checklist_ and forward to Ian Mitchell (line W. VAVV a.Vaa Va aaaV vawa. aa.w• v ... .ww —, ... ».. » ____— »._ »» Route to Addressee(s) List in rou6n order - Office Initials Date 1. appropriate. (Initial Applicable) 2. 7/24/12 Agenda Item Number 16A8 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. County Attorney County Attorney Number of Original 1 of each 5. BCC Board of County Commissioners Documents Attached V2-1( 2./12. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the ttcm. Name of Primary Staff John Houlds;o o Phone Number 252 -5757 Contact appropriate. (Initial Applicable) Agenda Date Item was 7/24/12 Agenda Item Number 16A8 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Construction & Maintenance Agreement, Number of Original 1 of each Attached Performance Bond, and Final Plat Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial Applicable) . F F 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 by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. Is the Chairman's original signature required? 3. All handwritten strike - throughs and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board. 4. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date, whichever is applicable. �DP 5. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's o signature and initials are required. ` 6. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval. 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! 7. The document was approved by the BCC on - (enter date) and all changes made during the meeting have been incorpoated in the attached document. The 16,��{: County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 [PRINTER TABLE command: COURIER] ITEM NO.: DATE RECEIVED: FILE NO.: /J -F /S- dc,2, ✓ 6 / ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: December 3, 2012 AR- PPL20120000696 Mn 2, To: Office of the County Attorney, Attention: Emily Pepin c cl" From: John R. Houldsworth, Senior Engineer I c CD Please review attached Construction & Maintenance Agreement and Performance Bond for legal sufficiency. (Are there documents or other information needed to review this matter ?) 410T Q14-60L �, This item has not been previously submitted. C[.+ (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC with final plat for Chairman's signature. AIT OTHER COMMENTS: IFIp &-. v, 0 1 • • CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS C NST RUCTION AND MAINTENANC GR E �T_ FOR SUBDIVISION IMPROVEMENTS entered into this 2-4P -� day of / © / `�' 2012 between Two AGn, u c 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: TwfnEagles Grand Arbors - Replat of Tracts H, I and Block 107 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: within 24 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 $ 56,912.84 - 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. nwi� � 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 kno the Developer have caused this Agreement to be executed by their duly authorized representatives this tfl day of -_ i It i It / / , 20 (�A Assistant County Attorney 16 AR COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. K08503667 KNOW ALL PERSONS BY THESE PRESENTS: that TwinEagles Developments AGR, L.L.C. 2000 Avenue Of The Stars, Suite 1020, Los Angeles, CA 90067 (hereinafter referred to as "Owner ") and Westchester Fire Insurance Company 500 Colonial Center Parkway, Suite 200, Roswell, GA 30076 (678) 7954385 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Fifty Six Thousand Nine Hundred Twelve & 84/100 Dollars ($56,912.84) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named TWINEAGLES GRAND ARBORS REPLAT OF TRACTS H I & Block 107 - Construction Plan Approval — PL20120000696 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period ") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 1 st day of November, 2012. LDCA:6 M WITNESSES: TwinEagles Developments AGR, L.L.C. By: 66,, 1 /S ,' i" c f ,�b ,, Printed Name/Title Printed Name/Title (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF C �' ITUYVI COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF i Nevewberi / Z 20 12- , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED I IK�S AS IDENTIFICATION. Notary Public - State of CA 1"A SL (SEAL) DlVfil.- h(A.W4 Printed Name ITNESSES: W ster re I urance Company WB Hig i tham Ben Thompson , Florida Acense No. W035301 Attorney -In -Fact ACKNOWLEDGMENT STATE OF Alabama COUNTY OF Jefferson THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1st DAY OF November. 2012, BY Ben Thompson. AS Attomey -In -Fact OF Westchester Fire Insurance Company. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Alabama (SEAL) \ � Traci L. Helms &a7 OLUTOLA MADE # 1075111 Notary Pow - cowornis corm . syka AV 1 za/e r I A8 Power of wESTCHESTER FIRE INSURANCE COMPANY Attorney (3) Each of the Chaimnn, the Prbidesq and the Vice ProsideNS of tla Coiimrty_ is hereby authorized, for end on half of the Company:In sppeiat in writing my person the attomey- iii -fxy orlhe Company with fWl Power etW aitthosity to ezeeute, fa and on behalf orthe Comymy; naidar the seal of the Company or otherwise, such written Contents si i- of the Company as maybe specified to such written appohnimient, which specifscadon may be..bygenesal typo :or classaf t uan Commitment or by specification of one or more parucular,Writfan Commitments. (4) Each of the Cheimian, the President and Vice Presidents of teeCempmsy in hereby.authorized, for and on behalf of the Company, to delegate in writing any other officer of the Company the atahonty, W execute, ror end on behalf of the Compare , under the Company's seal or odwrwise, such Written Commitments of the Company as are specified in such written delegation, which specification may baby general type or class of Written Commitments or IsT Wiscification yf ono or moro particular W ritten Commitments. (5) The signaan-of any officer or other person;wecsAing any WnRest Com munmi os ynyonnnnenfor dalegation pursuant to this Resoltmon, alpd the seal of the Company, may be mixed by facsimile on such W riven Comgjttuaa Ot written appomtmani a delegation: <` FURTHER RESOLVED, thar:(he foregoing Resolution shall shot ba deebhed w be an exclusive statement of the powers and authority of officers, employ tea and other persons to act for and on behalf d the Company, and such Resold[en shdina limit M othetwisaaffect thae erchse.of eqy: suOlipower or authority otherwise validly granted or vested Does hereby nominate, coristitute;arid appoint Alin Hamby BEM THOMPSON, Debbie Higginbotham, Joel Cannon, R. Hardy Mitchell, Susan G Gardner, all ofthe City of BIRMINGHAM, Alabama, each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal and deliver on its behalf, and as,its act and' deed any and all bonds,: undertakings, recognizances, contrects and other writings in, the nature thereo€ in penalties not exceeding Fifteen tit illion dollars zero eeitts (SIS,000,OOO.tx)) Artd,the execlitign of such writings in: pursuance of these presents shag be as binding upon said Company, as fully and ;ttply as if they had been duty executed aitd acknowledged by She regularly elected officers of the Company at its principal orrice, INWITNESS WHEREOF, the said Stephen M HBtuy, Vice- President, has hereunto subscribed his name artd affixed the Corporate seal of the said W ESTCHESTER FIRE INSURANCE COMPANY *is 26 siayof hij- :2012. WESTCHESTER FIREiNSURANGE COMPANY [, the undersigned Assistant Secretary of thc':N ESTC1rt1ESTER FIRE INSURANCE COMPANY, do hereby. certify thatahe origiiiai hOWER OP' ATTORNEY, of which the foregoing is a substantially tttie;apti rArreet copy, is in full force and effect. In witness whereof, 1 have hereunto subscribed My name as Assistant Secretary, and affixed the corporate seal of ftCotponttion this IStclay of NOVEmbeT'r, 2012 tr �l, a dam, Wham 1. Kel'ry, A,ndtaant awaiery m h ne or+e,n Ur 1 rna uve uentN 1 LISf5 VARIOUS SECURITY FEATURES 0 THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND Al TFRATION W 16 A8 ENGINEERING Professional Enqineers, Planners & Land surveyors Engineer's Cost Opinion of Site Improvements FOR TWINEAGLES GRAND ARBORS (Block 107) April 2012 Revised June 2012 ITEM I PCPs and Manume `t�gl I LS $4,000.00 1 6" Single Service Lateral NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE A. PAVEMENT & DRAINAGE $1,700.00 3 Ex. 6' Single Service to be Extended 2 EA i Lake Excavation 2,869 CY $1.65 $4,733.85 2 Concrete Sidewalk 1,622 SY $20.00 $32,440.00 3 Conc. Culy. Pipe (241 228 LF $48.00 $10,944.00 4 Conc. Culy. Pipe (481 175 LF $65.00 $11,375.00 5 Flared End Section (241 1 EA $1,000.00 $1,000.00 6 Flared End Section (481 1 EA $ 1,800.00 $ 1,800.00 7 Sod' 1,375 SY $1.50 $2,062.50 8 Remove Ex. 24" RCP 216 i.F $10.00 $2,160.00 9 Remove Ex. 48" RCP 209 LF $20.00 $4,180.00 10 Junction Box (Type'Pl 2 EA $1,850.00 $3,700.00 1 1 Junction Box (Type'Ji 2 EA $2,400.00 $4,800.00 12 Pavement Repair 3 EA $2,000.00 $6,000.00 13 Street Lighting I LS $25,000.00 $25,000.00 'Lake Maintenance Easement for Lake Expansion Sub Total $110,195.35 B. POTABLE WATER CONSTRUCTION 1 PVC C -900 DR 14 (61 215 LF $17.50 $3,762.50 2 Single Water Service 5 EA $675.00 $3,375.00 3 Double Water Service 12 EA $780.00 $9,360.00 4 Gate Valve (61 1 EA $980.00 $980.00 5 Fire Hydrant Assembly w/ 6' G.V. 6 EA $3,850.00 $23,100.00 6 Remove Ex. 6' Water Clain 148 LF $4.00 $592.00 7 Remove Ex. Fire Hydrant Assembly 6 EA $400.00 $2,400.00 8 Remove Ex. Single Water Service 2 EA $100.00 $200.00 9 Remove Ex. Double Water Service 12 EA $200.00 $2,400.00 10 Re- Locate Ex. Double Water Service 4 EA $420.00 $1,680.00 Sub Total $47,849.50 C. SANITARY SEWER CONSTRUCTION I PCPs and Manume `t�gl I LS $4,000.00 1 6" Single Service Lateral 1 EA $670.00 $670.00 2 6" Double Service Lateral 2 EA $850.00 $1,700.00 3 Ex. 6' Single Service to be Extended 2 EA $350.00 $700.00 4 Ex. 6' Double Service to be Extended 14 EA $450.00 $6,300.00 5 Cut in 8'x6' Wye 3 EA $ 1,650.00 $4,950.00 6 Remove Ex. Sewer Service 4 E:A $100.00 $400.00 Sub Total $ 14,720.00 D. MISCELLANEOUS I PCPs and Manume `t�gl I LS $4,000.00 $4,000.00 Sub Total $4,000.00 C. Total $176,764.85 &Z9 ; °_ 10% Contigency $ 17,676.49 Grand Total $194,441.34 David R. Underhill, ;y ;? ... Banks Engineering + S:Vobs\25xi, 2596 \Dotunrerxi \County \Block'C /.°lorr b Cosr&IimoN -Block 10: -6 -15-12.x6 <z ryZ) — V ? OLL u, 42 u oc o_ C Z ? �ae 1_ H d J 00 UV oe a p Z ao uj U CZ H O V CL a H Z D H Z 7 Z� Q d z O d ZR u O w O C Z 888880888888 M �00000ri0o0000 w H H w .O w w w w H w N CIO cq H (7 w y� Oln0000^000000 c0 "O M N 8 8 0 8 0 0 0 0 0 0 0 8 81 8 NNQm V RNO cOOSOO N H H N H H N N N H 9 N O O as N - O ,o a. 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