Backup Documents 12/11-12/2012 Item #16A19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLP6 A 19
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 com)feted 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#1 through#4,complete the checklist,and forward tc Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Emily R.Pepin,Asst. County Attor ey County Attorney ERP 12/21/12
5. Board of County Commissioners
6. Minutes and Records Clerk of Court's Office ^T t ( 1(3
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 con.act 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 Houlds orth,Engineering Review Phone Number 252-5757
Contact
Agenda Date Item was 12/11/12 Agenda Item Number 16-A-19
Approved by the BCC
Type of Document Riverstone Plat 3,Construction& Number of Original One
Attached Maintenance Agreement,Joinder and Documents Attached
Consent
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. 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 12/11/12 and all changes made duriodr ERP
the meeting have been incorporated in the attached document.The County Atto" ey's
Office has reviewed the changes,if applicable.
I: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
16 A 19
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this 1% day of DEL . . 2012
between G.L. Homes of Naples of Naples Associates II. Ltd., a Florida limited liability
company, 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 a certain plat of a subdivision to be known as:
Riverstone Plat Three plat.
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 12 months from the date of approval
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$1,233.933.00 which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost of 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 County
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 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.
16 A 19
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; or b) notify the Developer in writing of his
refusal to approve 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 required improvements and, if found to be still
in compliance with the Collier County 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.
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 and 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.
16 A 19
IN WITNESS WHEREOF. the Board and the Developer have cased this
Agreement to be executed by their duly authorized representatives this I( Ti day of
, 2012.
SIGNED IN THE PRESENCE OF: G.L. HOMES OF NAPLES ASSOCIATES II,
LTD.
� 1
ddd/ y.By:
Printed nam[kija% AtiCifetl O0 W 6 ell Name: 1 A P I\ I✓� =,,�r�
(CLtyLenki---e Title: -(.tt)r,_ GI= OAX.LAVAir
Printed name: 4.-1-r J �L,n
P �
ATTEST:
•3 •
� BOARD OF COUNTY COM ,.SIONERS
DWIE6T >~. BRQCK, CLERK OF COLLIER OUNTY, -•RI�/�
By I! ; ? , n C By:
D :Lity.Cler 41 N Chairman
�
�4:�. t �o
Ap l . and legal
tS �l;
Assistant ounty ttorney
16 A 19
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
Bond No.929563691
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. Homes of Naples Associates II,Ltd.
1600 Sawgrass Corporate Parkway,4'" Floor
Sunrise,FL 33323
(hereinafter referred to as "Owner")and
THE CONTINENTAL INSURANCE COMPANY
9850 NW 41"Street,Suite 100
Miami,FL 33178
(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 One Million Two Hundred Thirty Three Thousand Nine Hundred Thirty
Three Thousand no/100 Dollars ($1,233,933) 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 Riverstone Plat Three 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 19th day of
November,2012.
Owner 16 A 1 o'
Attest: G.L. Homes of Naples Associates II. Ltd. By
G.L. F . . • Naples II Corporation, its General Partner
(Corporate Seal)
1
B ': I / 4
Pa, Corban.Corporate Secretary N. ar"nen• lesiden
State of Florida
County of Broward
I HEREBY CERTIFY that on this day. before me, an officer duly authorized to take acknowledgements,
personally appeared N. Maria Menendez, Vice President of G.L. Homes of Naples II Corporation.to me known to be
described in and who executed the foregoing instrument and acknowledged to and before me that they executed the
same.
Witness my hand and official seal in the county and state las,ai.resai' t '�T�th day of November, 2012.
Notary 'u•I ic, State of Florida
44,,,°•, Paola Cameron
. ':COMMISSION/00983531
714. e. •f fwiRASARO:JUNNN.02uw5, a4 M commission expires
Surety
Attest: The Continental Insurance Company
(Corporate Seal)
As Per Attached Power of Attorney By: . ,43Tei
D.A. Belis. Attorney-In-Fact and Florida Resident Agent
State of Florida
County of Miami-Dade
Before me this day personally appeared D.A. Belis, Attorney-In-Fact for The Continental Insurance Company.
who, being duly sworn,executed the foregoing instrument and acknowledged to and before me, the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 19th day of November.2012.
(Ariit,(0- 17(--0/t/j____
Notary Public, State of Florida
4m', N. Elif Asian
littSiN. ACC414415StCh SEE126431
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�b� wry A,t4cNN07ARY40111
- it .
Assi nt Co f ty Attor^9y
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT 16 A 19
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing
insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein
affixed hereby make,constitute and appoint
D A Belis,Individually
of Miami,FL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the insurance company.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 14th day of September,2009.
The Continental Insurance Company
f:
•z $:
•�'�NN.M��f Jacqu •; e M. elcastro Senior Vice President
State of Illinois,County of Cook,ss:
On this 14th day of September,2009,before me personally came Jacquelyne M.Belcastro to me known,who,being by me duly sworn,did depose
and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of The Continental Insurance Company,a
Pennsylvania insurance company,described in and which executed the above instrument;that she knows the seal of said insurance company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance
company and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company.
CRICK SAL
WANK! e
WNW PULE.IITA111 CO Wen
w MINI=ts011111011nrns �jC
My Commission Expires September 17,2013 Eliza ce Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance
company printed on the reverse h f is still in fore testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance company this 1 q day of
.y'wj.,...• The Continental Insurance Company
Jt
Mary A. ika is Assistant Secretary
Form F6850-5/2009
I
Plat Three Cost Estimate - 8/30/12 16 A 19
Category Item Units Amount Unit Price Total
Water
8"PVC Water Main w/Fittings 4,000 LF $ 14.49 $ 57,960.00
8"C900 Water Main w/Fittings 100 LF $ 16.07 $ 1,607.00
10"PVC Water Main w/Fittings 1,160 LF $ 17.13 $ 19,870.80
8"Gate Valve 6 EA $ 1,100.00 $ 6,600.00
10"Gate Valve 1 EA $ 1,510.00 $ 1,510.00
6"Plug,and BO 1 EA $ 500.00 $ 500.00
Single Water Service(Short) 3 EA $ 394.00 $ 1,182.00
Single Water Service(Long) 17 EA $ 444.00 $ 7,548.00
Double Water Service(Short) 44 EA $ 570.00 $ 25,080.00
Double Water Service(Long) 27 EA $ 620.00 $ 16,740.00
Lift Station Service-2" 1 EA $ 1,430.00 $ 1,430.00
Fire Hydrant w/6"Gate Valve 11 EA $ 2,290.00 $ 25,190.00
Permanent Sampling Station 1 EA $ 870.00 $ 870.00
Connection to Exist. Main 1 EA $ 2,430.00 $ 2,430.00
Sewer
Sub-total $ 168,517.80
8"PVC (0'-6'Cut) 1,569 LF $ 12.45 $ 19,534.05
8"PVC (6'-8'Cut) 1,236 LF $ 16.70 $ 20,641.20
8"PVC (8'-10'Cut) 1,014 LF $ 18.95 $ 19,215.30
8"PVC (10'-12'Cut) 775 LF $ 23.45 $ 18,173.75
8"PVC (12'-14'Cut) 307 LF $ 29.95 $ 9,194.65
Manhole(0'-6'Deep) 10 EA $ 3,910.00 $ 39,100.00
Manhole(6'-8'Deep) 5 EA $ 4,470.00 $ 22,350.00
Manhole(8'-10'Deep) 4 EA $ 5,190.00 $ 20,760.00
Manhole(10'-12'Deep) 4 EA $ 6,080.00 $ 24,320.00
Manhole(14'-16'Deep) 2 EA $ 8,020.00 $ 16,040.00
Outside Drop 3 EA $ 2,300.00 $ 6,900.00
4"PVC Force Main w/Fittings 1,100 LF $ 10.25 $ 11,275.00
4"Plug Valve 1 EA $ 740.00 $ 740.00
Connect to Exist. FM 1 EA $ 1,820.00 $ 1,820.00
6"Single Sewer Service Lateral 8 LF $ 540.00 $ 4,320.00
6"Double Sewer Service Lateral 77 LF $ 650.00 $ 50,050.00
Lift Station 1 EA $ 142,000.00 $ 142,000.00
Drainage Sub-total $ 426,433.95
15"RCP 423 LF $ 18.98 $ 8,028.54
18"RCP 1,169 LF $ 23.79 $ 27,810.51
24"RCP 1,403 LF $ 30.02 $ 42,118.06
36"RCP 418 LF $ 54.04 $ 22,588.72
18"Flared-end Section 5 EA $ 723.00 $ 3,615.001
24"Flared-end Section 4 EA $ 819.00 $ 3,276.00
36"Flared-end Section 2 EA $ 1,284.00 $ 2,568.00
Junction Box 6 EA $ 1,423.00 $ 8,538.00
Valley Gutter Inlet 28 EA $ 2,668.00 $ 74,704.00
Paving Sub-total $ 193,246.83
Type S-3 Asphalt 1"(First Lift) 12,777 SY $ 3.54 $ 45,230.58
Type S-3 Asphalt 3/4"(Second Lift) 12,777 SY $ 2.77 $ 35,392.29
6" Limerock Base 12,777 SY $ 4.10 $ 52,385.70
12"Stabilized Subgrade 16,610 SY $ 1.25 $ 20,762.50
2'Valley Gutter 9,880 LF $ 5.60 $ 55,328.00
3'Valley Gutter at H/C Ramps 60 LF $ 16.99 $ 1,019.40
Pavement Markings&Signage 1 LS $ 2,000.00 $ 2,000.00
Sub-total $ 212,118.47
Landscaping/
Irrigation Common&R/W-Landscape/Irrig. 92,400 SF $ 0.25 $ 23,100.00
Lake Bank- Sod/Irrigation 92,400 SF $ 0.35 $ 32,340.00
Sub-total $ 55,440.00
Street Lights
Street Lights 22 EA $ 3,000.00 $ 66,000.00
Sub-total $ 66,000.00
Total $ 1,121,757.05
Bond Amount(110%) $1,233,933
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