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Backup Documents 11/13/2012 Item #16A11ORIGINAL DOCUMENTS CHECKLIST & ROUTINCs6PA 1 I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 #1 through #4 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 #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. appropriate. (Initial) Applicable) 2. 11/13/12 Agenda Item Number 16 -A -11 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Emily R. Pepin, Asst. County Attorney County Attorney ERP 12/14/12 5. Board of County Commissioners Documents Attached 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 Ian Mitchell needs 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 item.) Name of Primary Staff John Houldsworth, gineering Review Phone Number 252 -5757 Contact appropriate. (Initial) Applicable) Agenda Date Item was 11/13/12 Agenda Item Number 16 -A -11 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Gasper Station Construction, Maintenance Number of Original One Attached I and Escrow Agreement Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be ERP 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. All handwritten strike - through and revisions have been initialed by the County Attorney's ERP Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the ERP document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ERP signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip ERP should be provided to Ian Mitchell 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! 6. The document was approved by the BCC on 11/13/12 and all changes made during ERP the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 16A11 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 13 day of�61(60 2012 by A. GROVER MATHENEY, AS SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988 (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board ") and Wesley M. Robinson, P.A. (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: GASPAR STATION. 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 WilsonMiller Stantec, a copy of which is attached hereto and incorporated herein as Exhibits 1 and 2. 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 require the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer has deposited $284,850.00 (the "Escrowed Funds ") with Escrow Agent 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 $284,850.00 , and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. 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 County Manager or his designee within ten (10) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold the Escrowed Funds and disburse same only pursuant to this Agreement. Page 1 of 5 16A11 4. The Escrowed 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 $25,895.00 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 Escrow Agent shall disburse to the County immediately upon demand the balance of the Escrowed Funds held by 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 which were curable within such sixty (60) day period, or if such failure was incapable of cure within such sixty (60) day period, Developer failed to diligently pursue such cure for a period of at least thirty (30) days after such written notice; (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 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. Page 2 of 5 16A11 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 provision; 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. In the event of any dispute between the Developer and County as to the disbursement of such sum, Escrow Agent shall have the right to deliver the disputed sums into the registry of a court of competent jurisdiction and, upon such delivery, Escrow Agent shall be discharged from any and all further obligations and liabilities hereunder. If the Escrow Funds are to be placed in an interest - bearing account, it shall be placed in an interest - bearing account of a federally insured financial institution. All interest earned on the Escrow Funds deposited with Escrow Agent shall belong to Developer. Escrow Agent shall not be obligated to place the Escrow Funds in an interest - bearing account unless requested to do so by Developer. Escrow Agent shall not be responsible for any fluctuations in interest rate paid on the Escrow Funds or for penalties due to early withdrawal of such funds. COUNTY ACKNOWLEDGES THAT ESCROW AGENT ALSO SERVES AS DEVELOPER'S ATTORNEY IN CONNECTION WITH THIS AGREEMENT AND THE TRANSACTIONS EVIDENCED HEREBY AND HEREBY CONFIRMS THAT COUNTY HAS NO OBJECTION TO ESCROW AGENT'S CONTINUED SERVICE IN BOTH CAPACITIES. 10. The Developer shall maintain all Required Improvement for one year after preliminary approval by the County Manager or his designee. After the one 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 County shall notify Escrow Agent in writing of same and Escrow Agent's Page 3 of 5 16A11 responsibility to the Board under this Agreement shall immediately terminate. 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. (Signatures on following page) Page 4 of 5 16A11 IN WITNESS WHEREOF, the Board and the Developer have caused this be executed by their duly authorized representatives this 2012 is Agreement to - �✓� '? day ofNdv mpp' SIGNED IN THE PRESENCE OF: Printed Printed name: i /V c> L SIGNED IN THE PRESENCE OF Printe Name: Printed J A. GROVER MATHENEY, AS SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988 By: - I A. rover Matheney, Truste Wesley By; Wesley obi on, P.A. Robinson, Pr er uDtIGH 'BROI; CLERK BOARD OF COUNTY COMMISSIONERS OF 0'` :- COLLIER COUNTY FLORIDA By. �:En W. c Chairman F OYLE * Drov td' zid legal Assistant County Attorney page5ot5 I- EXH 15 1 T- WisiMi//er 0 Stantec Gaspar Station Phase I PPL 8/21/2012 Opinion of Probable Cost of Construction SUMMARY Paving $ 30,491 Drainage $ 87,863 Sanitary Sewer $ 21,446 Potable Water $ 35,600 Irrigation $ 15,700 Landscape $ 34,090 Lighting $ 2,500 Erosion Control $ 5,325 Subtotal: $ 233,015 10% Contingency: $ 23,301 Total: S 256,316 Notes: 1.) This Opinion of Probable Cost (OPC) is based on WilsonMiller's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this Opinion of Probable Cost, and may require adjustments to delete, decrease, or increase portions of this OPC. 2.) All costs provided in this OPC are based on recent contract prices, or the engineers' latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. 3.) This OPC does not include materials and labor costs for installation of site specific utilities such as gas, communications, and electrical. 16A11 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Paving 16A11 Estimated Description Quantity Unit Unit Price Amount ACCESS DRIVE 3/4" Asphaltic Concrete, Type S -III (first lift) 3/4" Asphaltic Concrete, Type S -III (second lift) 6" Limerock Base (compacted & primed) 12" Stabilized Subgrade (compacted) SIDEWALK Demo Existing Sidewalk 4" Thk Reinforced Concrete (Juliet Blvd) 4" Thk Reinforced Concrete (Useppa Way) MISCELLANEOUS Saw -Cut and Connect to Ex. Pavement Valley Gutter Crossing Type "F' Curb Signing and Striping Juliet Blvd Median Improvements (demo existing median, patch asphalt, replace curb) 697 SY $ 4.95 $ 3,450.15 697 SY $ 5.15 $ 3,589.55 821 SY $ 6.60 $ 5,418.60 852 SY $ 1.45 $ 1,235.40 1 LS $ 1,000.00 $ 1,000.00 2,077 SF $ 2.50 $ 5,192.50 2,182 SF $ 2.50 $ 5,455.00 1 LS $ 150.00 1 LS $ 1,500.00 411 LF $ 13.50 1 LS $ 1,000.00 $ 150.00 $ 1,500.00 $ 1,000.00 1 LS $ 2,500.00 $ 2,500.00 Paving Total S 30,491.20 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Drainage 16AIll Estimated Description Quantity Unit Unit Price Amount 15" RCP 69 LF $ 21.00 $ 1,449.00 18" RCP 293 LF $ 28.00 $ 8,204.00 18" PVC 210 LF $ 26.00 $ 5,460.00 18" Flared End 1 LF $ 1,850.00 $ 1,850.00 Grate Inlet 3 EA $ 1,800.00 $ 5,400.00 Throat Inlets 2 EA $ 2,200.00 $ 4,400.00 Control Structure 1 EA $ 3,350.00 $ 3,350.00 Directional Bore Storm Sewer (Immokalee Road) 210 LF $ 275.00 $ 57,750.00 Drainage Total $ 87 863.00 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Sanitary Sewer 16A11 Estimated Description Quantity Unit Unit Price Amount 6" PVC Cleanout, Complete 1 EA $ 250.00 $ 250.00 6" PVC Sanitary Sewer Lateral 29 LF $ 8" PVC Sanitary Sewer (SDR 26) 14.00 $ 406.00 (10'- 12' cut) 205 LF $ 38.00 $ 7,790.00 Manhole, 4' Diameter (10'- 12' cut) 2 EA $ 6,500.00 $ 13,000.00 Sanitary Sewer Total $ 21,446.00 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Potable Water Estimated 16A11 Description Quantity Unit Unit Price Amount Connect to Existing 12" Water Main with Gap Configuration 1 EA $ 1,500.00 $ 1,500.00 1 -1/2" Water Service 7 LF $ 5.00 $ 35.00 6" PVC Water Main (C -900, CL -150) 16 LF $ 20.00 $ 6" PVC Water Main (C -900, CL -200) 45 LF $ 25.00 320.00 $ 1,125.00 8" PVC Water Main (C -900, CL -150) 380 LF $ 20.00 $ 7,600.00 8" PVC Water Main (C -900, CL -200) 80 LF $ 28.00 $ 2,240.00 8" DIP Water Main (C -900, CL -200) 175 LF $ 45.00 $ 7,875.00 Fire Hydrant Assembly, Complete 2 EA $ 3,300.00 $ 6,600.00 Blue -Blue Reflectors 2 EA $ 15.00 $ 30.00 6" Gate Valve 1 EA $ 875.00 $ 875.00 Air Release Valve 1 EA $ 1,200.00 $ 1,200.00 Automatic Flushing Device w/ Gate Valve 1 EA $ 4,850.00 $ 4" 3M Magnetic Ball Markers Allowance 4,850.00 (Every 200 LF and at Each Pipe Elbow Location) 1 EA $ 100.00 $ 100.00 Chlorination & Testing 1 EA $ 1,250.00 $ 1,250.00 Potable Water Total $ 35,600.00 16A11 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Irrigation Estimated Description Quantity Unit Unit Price Amount Irrigation Distribution System 31,400 SF $ 0.50 $ 15,700.00 Irrigation Total $ 15,700.00 WILSONMILLER STANTEC 16AII Gaspar Station PPL OPC for Construction Landscape Estimated Description Quantity Unit Unit Price Amount TREES 3,800.00 $ 5,000.00 $ Pigeon Plum 19 EA $ 200.00 Holly 25 EA $ 200.00 Oak 15 EA $ 200.00 Mahogany 13 $ 200.00 Sabal Palm 12 EA $ 175.00 GENERALLANDSCAPE Cocoplum - 3 gal 905 EA $ 12.00 Bahia Sod 27,250 SF $ 0.20 Mulch 32 CY $ 40.00 Landscape Total $ 3,800.00 $ 5,000.00 $ 3,000.00 $ 2,600.00 $ 2,100.00 $ 10,860.00 $ 5,450.00 $ 1,280.00 S 34,090.00 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Lighting Estimated Lighting Allowance Lighting Total 16A11 Unit Unit Price Amn„nt LS $ 2,500.00 $ 2,500.00 $ 2,500.00 WILSONMILLER STANTEC Gaspar Station PPL OPC for Construction Erosion Control 16A11 Estimated Description Quantity Unit Unit Price Amount Silt Fence Inlet Guard (Hay Bale and Mirafi) 3,819 LF $ 1.30 EA $ 120.00 $ 4,964.70 360.00 Erosion Control Total $ 5,324.70 ir-X Fi I j� I t 2 WILSONMILLER STANTEC Al Gaspar Station Phase I PPL OPC for Construction Lake Excavation Estimated Description Quantity Unit Unit Price Amount Lake Excavation 1,297 LF $ 20.00 $ 25,940.00 Lake Excavation Total $ 25,940.00 10% Contingency $ 2,594.00 Total $ 28,534.00 Note: Per Collier County Lake Excavation Ordinance 06 -04, the calculation for determining the bond /escrow amount 0"S $100 for rock and $20 for sand excavation per foot of the total lake bank perimeter, provided the bond /escrow amount be no less that $25,000. The proposed excavation shall be classified as sand excavation since the bulk of the material being excavated is sand for fill. Based on the calculation of 1,297 LF x $20/LF, the ordinance requires a bond /escrow amount of $25,940 + 10% = $28,534. prod ID Nambar. UJ I qJ FFCXA0 -7 GnM s N I TIN: .- Trustee's Deed 2808034 OR: 2838 PG: 13 6 tl=W u an= now of M" MM, n I1/1112HI at 11411111 Nim 1. simp cm W: Il." all aim : M 111 WCML 111 k NN Anil n 11111 :tu 3``""'1 % This Indenture, Made ekle & day of Decamhpq 200P A. D., Between es Ow M, Ward, as Trustee, under that certain Lana Trust Agreement, doted as of July 10, 1993, of the County of Collier, State of FLORIDA, grantor, and A. Grover Matheney, as Successor Trustee, under that certain Land Trust Agreement, dated u of July 10. Me wbo.e address is: do Wesley M. Robinson, S01 Brickell Key Drive, Suite 504, Miami, Florida 33131 ofthe County of Miami -Dads State of FLORIDA , grantee. Wftneneth that the GRANTOR for end Is consw aim of the sum or ...._....._ TEN R NO/100 ($10.00)-- .---- ..- ...._.... ._... _ ....................DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has gantod, bargained and soW to the acid GRANTEE and GRANTEE'S heirs mud assigns forever, the following described land, situate, lying and being in the County of COLLIER State of chloride to wit: SEE EXHIBIT "A" •Said Trustee shall have full power and authority to protect, conserve, and to sell, or to lease, or to encumber, erwise to manage and dispose of the real property described hereii t�it(21n provisions of Florida Statutes section 689.071. V Upon this death or incomp t , of A. Grover an y, or his resignation as Trustee, Man G. Hathe ey coma the Sue ass r Trustee with all the powers set forth hersi . Gwen H. hard, the gra to o e t y a h currently resides at 204 Bay Point, North apl a, F1 r d a h e or his family has ever resided upon the abov ? or a y co uous property and that the above- described er do n now never in the past constituted his homest Subject to current tantel�a ements, resery t cumbrances, limitations, and restrictions of recor and the GRANTOR covenants with GRA �.�' nod tight and lawlltl attdtarity to sell and convey the property and GRANTOR wamrtb the t t ' party for may acts of GRANTOR and will defied the title against the Iswthl clahna of 8U persons cWmtng by. through, or under GRANTOR. IN WITNESS WHEREOF. the grantor has hereunto ad his hand and sew the day and year first above wrift n. Slgaed, scaled and delivered in our presence: Q1 & , dl., 2raQ (SW) Printed Name: 31 •• L Owen M. Ward, as Tntstee Witness under that Land Trust Agreement, dated as of July 10. 1998, 966 97th Avenue North, NAPLES, Florida 33%3 Printed Name: Witness — - STATE OF FLORIDA COUNTYOF Coll.,, The foregoing Instrument was acknowledged before the this 9 tt day of � °`^`"`1 I by Own M. Wand, as traalee who Is personally known to me or has produced his Florida Driver's Lieenae u ideatifkstloo. th4 document was prepared by: Washy M. RoWmo4. sW. Printed Name: Hews, Robtasse A Wstklns, LLP 'L. NOTARY PUSWC 901 RrkkA Key Drive. Commlmk+a g Mhml,Ptorida 33131 xK►�'N' :: ,ca >Ll dK3�ols:wr+a�xw �xYyli�!' 01981.93? C -�' YpiaU rt il�'f.� .: �..,, L.l A8 \•lUK I I * ** OR: 2838 PG; 2313 * ** EXHIBIT "A" LEGAL DESCRIPTION The West one -half (w %) of the Northeast one - quarter (NE 1/4) of the Northwest one - quarter (NW %.) of Section Thirty (30), Township Forty-eight (49) South, Range Twenty -six (26) East LESS AND EXCEPTING THEREFROM: The North 100 feet thereof, and The Lands described in: O.R. Book 374, Pages 572 -573; O.R. Book 1545, Pages 443-444; and O.R. Book 1837, Pages 1099 -1101; of the Public Records of Collier County, Florida. GO�. '�R co n_ F:U)ATA \WD RF-AL1WARDNAW =yhvAsU4%9.ExhibitA.doe * ** OR: 2838 PG: 2315 "t EXHIBIT A The East y of the West % of the Northwest %. of the Northeast Y. of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less the North 100 feet, and less that portion conveyed to the State of Florida by deed dated September 1, 1970 and recorded at O.R. Book 370, Page 397, Public Records of Collier County, Florida. co �otiy�x U���