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Backup Documents 06/14-15/2011 Item #16A 1[PRINTER TABLE command: COURIER] ITEM NO. : 16 A 1 . DATE RECEIVED: FILE NO. : ROlITED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: October 28,2011 AR- 7597 To: Office of the County Attorney, Attention: StCl... Williams ~- ~~12- \013'\\\ c.. \ c... ~ c:, w C. (1\ C\ 5., O(f"- c>- Jlftr ~. From: John R. Houldsworth, Senior Engineer Development Services, Engineering Review Re: Bucks Run Preserve . ~ BACKGROUND OF REQUESTIPROBLEM: Please review attachedCqqstruction & Maintenance Agreement for legal sufficiency. .~:~~.'..~ . ~-.: (Are there documents or other information needed to review this matter?) This item has not been previously submitt'ed. (If previously submitted provide County Attorney's Office file no.) ..pp. i) ccvV\ '\.f\ "'" f"'~ - . ~ wI fVV'?r ~ 4 ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC office ~ ~ for Chair's signature, 'V ~7~ f,oA.L V4Y . RL~. - --- t" /Yt)l . ~' ; ---:t' WTHER COMMENTS: , :.... J 16 A 1 .1 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this .te 1"'day of ~f 2011, between BRLP Lots, 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 a certain plat of a subdivision to be known as: Bucks Run Reserve. 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: Road, water, sewer and drainage for Bucks Run Reserve within twenty four (24) 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 $196,086.79 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. Page 1 of3 16 A 1 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 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 Page 2 of3 / 16 A 1 .,~ 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 and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day ofSipteffl6er 2011. - t>>bbc.,.- SIGNED IN THE PRESENCE OF: (BRLP Lots, LLC) ~~~ Qk.-lv' ~ _ Print Name: . . . ..IY\Ctt.-+ndS~ B~-~ ",,""""J '. . ".M'c"/}(:J".. ATTES!: "....~~::. ........~C" DWIGHT Jt,]3R:OGI<;., Ol~"., .. g;;~t{;}S;t ') ~-. " .. ..' .. . .. C .. ': J." .. .... _, ~, ,~ilerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By; NW.~ Fred W. Coyle, Chairm By: '. Approved as to fonD and legal sufficiency: . Jdf,,,y A. Kla~~~ rC.~ Assistant County Attorney ~ . yJ"",,, ~ "' t.. Approved Form -JAK - February 2006 Page 3 of3 16 A 1 4 II GradyMinor Civil Engineers · Land Surveyors · Planners . Landscape Architects CONSTRUCTION MAINTENANCE AND COST TO COMPLETE BOND AMOUNT SUMMARY BUCKS RUN RESERVE September 19,2011 Revised October 27,2011 Original 40 Lot Infrastructure Construction Cost $ 542,281.25 Cost to Adjust Infrastructure To support 60 lots $ 455.463.66 $ 997,744.91 Total Construction Costs 10% Maintenance bond $ 99,774.49 Cost to Complete $ 96,312.30 Bond amount required to record plat (10% maintenance bond plus cost to complete) $ 196,086.79 Q. Grady Minor & Associates. P.A. 3800 Via Del Rey , Bonita SprHi't!~~flE'gJllp8iJ-no6DP\Plat RecordinglBond Costs R VSD 10-27-11.doc Ph. 239-947-1144 · Fx: 239-947-0375 EB 0005151 · LB 0005151 . LC 26000266 www.gradyminor.com (Bond Purposes) ORIGINAL INFRASTRUCTURE BUCKS RUN RESERVE SUMMARY SCHEDULE "A" SCHEDULE "8" SCHEDULE "C" Site Work Drainage System Sanitary Sewage Collection System SCHEDULE"D" Water Distribution System SCHEDULE "E" Roadway Construction G:\PROJ-ENG\B\BRPL 1\06DPlPlal Recording\[Original EOPC.xls]Paving 16 A 1 ., $38,402.50 $207,756.75 $133,468.00 $78,4] 0.00 $84,244.00 TOTAL $542,281.25 16 A 1 "'l (Bond Purposes) ORIGINAL INFRASTRUcrURE BUCKS RUN RESERVE SCHEDULE "A" SITE WORK DESCRIPTION I QUANTlTyl UNIT I UNIT COST I TOTAL A-I Clearing and Grubbing (I) 10.2 AC $0.00 $0.00 6.2 AC $5,250.00 $32,602.50 21,383 CY $0.00 $0.00 21,838 CY $0,00 SO.OO 69,172 CY $0,00 $0,00 2,900 SY $2.00 $5,800.00 17,220 LF $0.00 $0,00 A-2 Clearing and Grubbing (Exotics Removal) A-3 Lake Excavation (includes blasting and rock crushing) (1) A.4 Fill Placement and Grading (1) A.S Imported Fill Placed and Graded (1) A.6 Sod (lake banks) A.7 Erosion Control-Silt Fence (2) Site Work Sub-Total 538,402.50 EARTHWORK NOTES: (1) Bonded under excaavation or not applicable to bond. (2) Included in completion estimate. G:IPROJ-ENG\B\BRPL Tl06DPIPlat Recording\[Original EOPC,xls]Paving 16 A 1 '"1 (Bond Purposes) BUCKS RUN RESERVE SCHEDULE "B" DRAINAGE SYSTEM DESCRIPTION Bo] Control Structure B-2 15" RCP (I) B-3 18" RCP B-4 24" RCP (1) B-5 30" RCP B-6 36" RCP B-7 12" HOPE (I) B-8 24" Flared End Section (1) B-9 36" F]ared End Section 3 EA $2,450.00 $7,350,00 170 LF $24.50 $4,165.00 385 LF $30.00 $11,550.00 309 LF $44.00 $13,596.00 405 LF $60.00 $24,300.00 1,003 LF $87,25 $87,5] 1.75 1,000 LF $15.25 $15,250.00 I EA $1,982.00 $1,982.00 2 EA $2,706.00 $5,412,00 8 EA $1,945.00 $15,560,00 5 EA $1,432.00 $7,160.00 3 EA $2,040.00 $6,120.00 5 EA $786.00 $3,930,00 5 EA $774.00 $3,870.00 B-1 0 Valley Gutter Throat Inlet B-ll Grate Inlet B-12 Junction Box (1) B-13 Yard Drain B-14 Type X Inlet Storm Drainage Sub-Total $207,756.75 STORM DRAINAGE NOTES: (1) Portions removed as part of completion G:IPROJ-ENGIBIBRPL li06DPIPlat Recording\[Original EOPC,xlsjPaving 16 A 1 .. (Bond Purposes) BUCKS RUN RESERVE SCHEDULE "C" SANITARY SEWAGE COLLECTION SYSTEM DESCRIPTION C-I 8" PYC Sanitary Sewer (0-6' Cut) C-2 8" PYC Sanitary Sewer (6-8' Cut) C-3 8" PYC Sanitary Sewer (8- I 0' Cut) C-4 Trenching for Rock C-5 Manhole 4' Diameter (0-6') C-6 Manhole 4' Diameter (6-8') C-7 Manhole 4' Diameter (8-10') C-8 Manhole 4' Diameter (10-12') C-9 Single Sewer Service (I) C-IO Double Sewer Service SANITARY SEWER NOTES: ( I ) Removed as part of completion. UNIT COST TOTAL 1,141 LF $26.00 $29,666.00 231 LF $28.00 $6,468,00 279 LF $49.00 $13,671.00 357 LF $30.00 $10,710.00 5 EA $3,852.00 $19,260.00 2 EA $4,300.00 $8,600.00 3 EA $4,855,00 $14,565.00 4 EA $6,] 25.00 $24,500,00 I EA $666.00 $666.00 7 EA $766.00 $5,362.00 Sanitary Sewer Sub-Total $133,468.00 G:IPROJ-ENGIBIBRPL Tl06DPIPlal Recordingl[Original EOPC.xlsjPaving DESCRIPTION D-] Single Water Service (I) D-2 Double Water Service (I) D-4 Water Service Casings D-5 8" Water Main connection D-6 8" PVC Water Main (CL 150) D-7 8" PVC Water Main (CL 200) D-8 8" Gate Valve wlBox D-9 Fire Hydrant (Complete Assembly) D-II Permanent Bacterial Sample Point 0-12 Temporary Bacterial Sample Point D-13 8" Air Release Valve POTABLE WATER NOTES: (1) Removed as part of completion. (Bond Purposes) BUCKS RUN RESERVE 16 A 1 ',4 SCHEDULE "0" WATER DISTRIBUTION SYSTEM TOTAL 5 EA $550.00 $2,750.00 5 EA $625.00 $3,125.00 360 LF $7.25 $2,610.00 I EA $1,000.00 $1,000.00 1900 LF $23.50 $44,650.00 50 LF $24.00 $1,200.00 1 EA $825.00 $825.00 6 EA $2,500,00 $]5,000.00 I EA $950,00 $950,00 3 EA $350.00 $1,050.00 3 EA $1,750.00 $5,250.00 Potable Water Sub-Total 578,410.00 G;\PROJ-ENG\B\BRPL l\06DP\Plal Recording\[OriginaJ EOPC.xIs]Paving 16 A 1 , (Bond Purposes) BUCKS RUN RESERVE SCHEDULE "E" ROADWAY CONSTRUCTION DESCRIPTION TOTAL E-I Valley Gutter 4,000 LF $6,85 $27,400.00 4,440 SY $2.50 $11,100.00 4,440 SY $8.10 $35,964.00 4,890 SY $2.00 $9,780.00 2,220 SY $0.00 $0.00 2,220 SY $0.00 $0.00 1 LS $0.00 $0.00 450 SY $0,00 $0.00 E-2 1 1/2" Asphaltic Concrete ( Type S-II1) (2 lifts) (1) E-3 6" Limerock Base (compacted and primed) E-4 12" Stabilized Subgrade E-5 5' Concrete Sidewalk (2) E-6 4" Limerock (under sidewalk) (2) E-7 Signing & Pavement Markings (2) E-8 Sodding (sod strip behind curb) (2) Paving Sub-Total $84,244.00 PA VING NOTES: (I) First Lift (2) Included in completion, G:IPROJ-ENGIBIBRPL li06DPIPJal Recording\[Original EOPC,xls]Paving 16 A 1 ~ e.,. County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change I Overage: Contact: FEE DETAILS: Fee DescriDtiol1 Refundable Bonds Cashier Name: Batch Number: Entered By: RECEIPT OF PAYMENT 2011045522 2011-015682 10/28/2011 $196,086.79 Pavme.,t Methoct Check Amount Paid Check Number $196,086.79 0199 $196,086.79 $0.00 BRLP LOTS, LLC 7350 POINT OF ROCKS RD SARASOTA, FL 34242 Reference Number Oriainal ~ PL20110001395 $196,086.79 Amount GL Account bid $196,086.7 670-000000-220113 9 kathleenvansickle 2287 toniaspangler 16 A 1 t:;,_ BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS COST TO COMPLETE SEPTEMBER 19,2011 REVISED OCTOBER 27,2011 I. Construction A. Earthwork and Site Preparation $0.00 B. Drainage Improvements $2,172.30 C. Sanitary Sewage Collection System $0.00 D. Potable Water Distribution System $0.00 E. Roadway $94,140.00 TOTAL $96,312.30 G:IPROJ-ENGIBIBRPL'I\06DPlPlal RecordinglEOPCost to complete RVSD 10-27-1 I ,doc 16 A 1 f BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS COST TO COMPLETE SEPTEMBER 19,2011 REVISED October 27,2011 B. Drainage Improvements The work performed under this schedule includes furnishing, handling and installing all materials to complete the working drainage system. The unit price for pipe shall include compaction testing, clean-up, hydro-vacuum or other methods to clean the catch basins and culverts. Erosion control measures such as hay bales or silt barriers shall be removed and disposed of upon completion of the project or upon satisfactory stabilization of the surrounding earth. Removal includes excavation, disconnection, removal and disposal of the material and debris off the owners properties, backfill compaction and clean-up. Item Total $2,172.30 $2,172.30 General Clean-u G:\PROJ-ENGIBIBRPLT\06DP\Plat RecordinglEOPCost to complete RVSD 1O-27-1I.doc 16 A 1 .~ BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS COST TO COMPLETE SEPTEMBER 19,2011 REVISED OCTOBER 27,2011 C. Roadway The work performed under this section shall include furnishing, hauling, handling and installing all materials to construct the roadways as shown on the plans and to Collier County specifications. The unit prices shall include compaction testing, density tests, road core samples and testing, compliance inspections, maintenance of traffic and clean- up. Quanti Unit Price Total 1 2240 $27.00 $60,480,00 4 1 $1,000.00 $1,000.00 6 4165 $4.00 $16,660,00 7 8 $2,000.00 $16,000.00 Sub-Total $94,140.00 *Signed agreement with FPL attached. G:IPROJ-ENGIBIBRPL T\06DPIPlat RecordinglEOPCOSI to complete R VSD 10-27-11.doc BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS I. Construction A. Earthwork and Site Preparation $108,329.00 B. Drainage Improvements $128,942.00 C. Sanitary Sewage Collection System $53,710.00 D. Potable Water Distribution System $21,500.00 E. Roadway $124,005.00 F. Landscaping $18,977.66 TOTAL $455,463.66 G:\PROJ-ENGIBIBRPL T\06DP\02PPLAIEOPC RVSD 10-27-\ \ ,doc 16 A 1 .. 16Al "1 BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS A. Earthwork and Site Preparation The work performed under this schedule includes reshaping of lakes I and 2 and construction of the perimeter berms and swales per the plans and specifications. Excavation includes excavating material from the new portions of the lakes, hauled, placed and compacted to backfill lakes, construct berms, swales and lake banks per cubic yard of in-situ material. Imported off-site clean material shall be provided, placed and compacted to construct the lake banks, backfill, berms and swales. The unit price for imported fill shall include final grading and compaction testing and is stated in cubic yard truck measure. The construction area shall be enclosed with FDEP approved siltation fencing prior to commencement of work. The unit price shall include maintenance of the fence thru the duration of construction. Erosion control measures shall be provided per the generic storm water pollution prevention plan and the lump sum price shall include compliance reporting and record keeping. Item 1 Silt Fence 2 Erosion Control 3 Excavation 4 1m orted Fill Quanti 7286 1 1900 8300 Sub-Total Unit Price $1.50 $3,000.00 $6.00 $10.00 Total $10,929,00 $3,000.00 $11,400.00 $83,000.00 $108,329.00 G:\PROJ-ENGIBIBRPLT\06DP\02PPLAIEOPC RVSD 10-27-ll.doc 16 A 1 ..., BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS B. Drainage Improvements The work performed under this schedule includes furnishing, handling and installing all materials to complete the working drainage system. The unit price for pipe shall include compaction testing, clean-up, hydro-vacuum or other methods to clean the catch basins and culverts. Erosion control measures such as hay bales or silt barriers shall be removed and disposed of upon completion of the project or upon satisfactory stabilization of the surrounding earth. Removal includes excavation, disconnection, removal and disposal of the material and debris off the owners properties, backfill compaction and clean-up. Item Quantity . Unit Price Total 1 12" HOPE Drain Pipe 1550 LF $18.00 $27,900.00 Remove 12" HOPE Drain Pipe Including 2 Yard Drains 502 LF $5.00 $2,510.00 3 15" RCP 343 LF $28.00 $9,604.00 4 Remove 15" RCP 597 LF $7.00 $4,179.00 5 18" RCP 171 LF $34.00 $5,814.00 6 24" RCP 170 LF $42.00 $7,140.00 7 Remove 24" RCP 195 LF $9.00 $1,755.00 8 30" RCP 380 LF $48.00 $18,240.00 9 Remove 30" RCP 325 LF $12.00 $3,900.00 10 Type E Junction Box 4 EA $2,550.00 $10,200.00 11 Type C Junction Box 7 EA $2,200.00 $15,400,00 12 Remove Catch Basin or Junction Box 7 EA $500.00 $3,500,00 13 Yard Drain 17 EA $350.00 $5,950,00 14 12" FES 1 EA $550.00 $550.00 15 24" FES 1 EA $750.00 $750.00 Connect to existing Catch 16 Basin/Junction Box 5 EA $350.00 $1,750.00 Brick-up existing Catch Basin/Junction 17 Box 8 EA $250,00 $2,000.00 18 Type 'C' Catch Basin 4 EA $1,950.00 $7,800.00 Sub-Tot $128.942.00 G:IPROJ-ENGIBIBRPLT\06DPI02PPLAIEOPC RVSD 1O.27-1I.doc 1 '" n , 16 A 1 ~ . BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS C. Sanitary Sewage Collection System The work performed under this section includes furnishing, handling and installing all materials to complete the working sewage collection system. The unit prices shall include compaction testing, flushing, video T.V. of the sewage main, inspection walk thru, assistance in conveyance of the constructed utilities to Collier County and final clean-up all per Collier County Utility Division and FDEP standards and specifications. Removal includes excavation, disconnection, removal and disposal of material and debris off the owners property, back-fill, compaction, grading and clean-up. Item Quanti 6" service line from back of curb to new 1 lot corner 38 A New single service connection 2 w/cleanout 8 EA New double service connection 3 w/cleanout 26 EA 4 Ca existin lateral per cap) 76 EA Remove existing service connection 5 incudin cleanout 26 LS Sub-Total Unit Price Total $ 36,100,00 $ 2,600.00 $ 9,750,00 $2,660.00 $ 2,600,00 $ 53,710,00 $ 950.00 $ 325.00 $ 375.00 $ 35.00 r'~ t4l%i" 'S{l("W:,S#IliRiJ8'V -.:aflD~..""L.l~lL_~ '''' _~ )11 $ 100.00 G:\PROJ-ENGIBIBRPL 1\06DP\02PPLAIEOPC R VSD 10-27-1 I. doc 16 A 1 BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS D. Potable Water Distribution System. The work performed under this section includes furnishing, handling and installing all material and appurtenances to complete the working water distribution system. The unit prices shall include flushing, pressure testing, disinfection, laboratory testing, compaction testing, compliance inspections, temporary meter, cost of water during construction and final clean-up. The contractor shall assist in conveyance of the constructed utilities to Collier County. The system shall be constructed per Collier County and FDEP standards and specifications. Item Quanti Unit Price Total 1 Extend water service line 21 EA $ 100.00 $ 2,100.00 New service tap including service line 2 and meter boxes 15 EA $ 450.00 $ 6,750.00 3 Plu service ta at main line 16 EA $ 150.00 $ 2,400.00 Relocate existing meter boxes (single 4 and double) 30 EA $ 125.00 $3,750.00 Relocate Fire Hydrant Complete 5 Assembl 3 EA $ 1,500,00 $ 4,500.00 6 Directional bore 4" casin 1 LS $2,000.00 $ 2,000.00 Sub-Total $ 21,500.00 G:IPROJ.ENG\B\BRPL T\06DP\02PPLAIEOPC R VSD IO-27.11.doc BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS E. Roadway 16 A 1 The work performed under this section shall include furnishing, hauling, handling and installing all materials to construct the roadways as shown on the plans and to Collier County specifications. The unit prices shall include compaction testing, density tests, road core samples and testing, compliance inspections, maintenance of traffic and clean- up. 1 2 3 4 5 6 7 8 9 10 (1) By FPL. No cost to developer. See contract. G:\PROJ-ENGIBIBRPL Tl06DPI02PPLAlEOPC RVSD JO-27-ll,doc Quanti 280 LF 80 LF 2240 SY 445 SY 445 SY 470 SY 1 LS 1330 SY 4165 SY 8 EA Sub-Total " Unit Price $14.00 $18.00 $27.00 $32.00 $9.00 $2.00 $1,000.00 $4.00 $4.00 $2,000.00 Total $3,920.00 $1,440,00 $60,480.00 $14,240.00 $4,005.00 $940.00 $1,000.00 $5,320,00 $16,660.00 $16,000.00 $124,005.00 1 h ^ " 16 A 1 BUCKS RUN RESERVE COMPLETION OF INFRASTRUCTURE IMPROVEMENTS AND DRAINAGE AND UTILITY ADJUSTMENTS F. Landscaping The work performed under this section shall include furnishing, hauling, handling and installing all materials to construct the roadways as shown on the plans and to Collier County specifications. The unit prices shall include compaction testing, density tests, road core samples and testing, compliance inspections, maintenance of traffic and clean- up. Item 1 Landscapin Improvements QUanti 1 Sub-Total Total $18,977.66 $18,977.66 G:\PROJ-ENGIBIBRPL Tl06DP\02PPLAIEOPC R VSD 10-27-1 1 ,doc COLEMAN. Yov ANOVICH & KOESTER, P.A. ATTORNEYS AT LAW 16 A 1 Kevin G. Coleman Riehard D. Y ovanovieh Edmond E. Koester William M. Burke Gregory L. Urbaneic Matthew L. Grabinski NORTHERN TRUST BANK BUILDING 400 I T AMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 239-435-3535 239-435-1218 FACSIMILE www.evklawfirm.eom Linda C. Brinkman Craig D. Grider Matthew M. Jackson Jeffrey J. Beihoff Harold J. Webre Caroline M. Magliolo ChulesA.B.Tho~on David Kerem Writer's Email: hwebre@cyklawfinn.com Of Counsel: Kenneth R. Johnson October 27, 2011 The Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Title Opinion for Plat of Bucks Run Reserve Dear Madam(s) and/or Sir(s): We previously provided the above referenced title opinion which covered matters of record through and including June 27, 2011 @ 11:00 p.m., and the purpose of this letter is to update said opinion to include additional matters against title subsequently recorded in Collier County, Florida, namely: 1. Notices of Commencement recorded in O.R. Book 4717, at Page 3370 and O.R. Book 4718, at Page 754; 2. Maintenance and Cost Sharing Agreement recorded in O.R. Book 4713, at Page 2037; and 3. Resolution No. 2011-150 recorded in O.R. Book 4721, at Page 1527. This letter shall supplement the above Title Opinion and is based upon our reliance on Attorney's Title Fund Services, LLC title update, which is effective through October 27,2011 @ 11:00 P.M. We do not make any opinion as to matters of title thereafter. COLEMAN, YOVANOVICH&KOESTER,P.A. ATTORNEYS AT LAW 16 A 1 /11"" Kevin G. Coleman Richard D. Yovanovich ~ E. Koester W' M. Burke Grego L. Urbaocic Matthe;v L. Grabinslci NOR1HERN nm8T BANK BUILDING 4001 Tamiami Trail North Suite 300 Naples, FL 34103 23943S.3S35 239435-1218 Facsimile www.cvklawfinn.com Linda C. Brinkman Craig D. Grider ~w M. Jac:bon Jeffi'ey J. Bcihoff Harold J. Webre Caroline M. Magliolo Writer'. EmaiI: bwebre(mcyklawfum.com Of Co1mS!!: Kenneth R Johnson July 29, 2011 TITLE OPINION PLAT OF BUCKS RUN RESERVE This opinion is provided pursuant to Section 177.041, Florida Statutes, to: The Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 I, Harold J. Webre, of Coleman, Y ovanovich & Koester, P.A. am an attorney licensed to practice in the State of Florida and I have this 29lh day of July, 2011, examined title to the real property described on Exhibit "A It attached hereto and made a part hereof. This examination of the Public Records of Collier County, Florida is evidenced by Attorneys' Title I Insurance Fund, Inc., Owner's Title Insurance Policy No. 2225730 effective through October 6, 2005 @ 9:12 a.m. in favor of the prior owner of the subject property, as well as an examination of the information I contained in Attorney's Title Fund Services, LLC title examination schedules prepared for the current property owner from the period of time through and including June 27, 2011 @ 11:00 p.m. Based solely upon my examination of the foregoing, and assuming the accuracy of the information contained in the documentation relied upon, it is our opinion that as of June 27,2011: The record title to the above-described property is vested in BRLP LOTS, LLC, a Florida limited liability company, by the following warranty deed, a copy of which is attached hereto and made a part hereof as Exhibit "Bit:' 1. Warranty Deed recorded December 22,2010 in Official Records Book 4635, Page 1912, of the Public Records, Collier County, Florida. Said record title holder has a fee simple title thereto subject, however, to the following encumbrances or qualifications: I. Collier County Ordinance Number 75-20 which regulates the installation of water I distribution and wastewater collection systems; Ordinance Number 75-21 which protects certain trees I 16 A 1 : Attorney's Title Opinion : Plat of Bucks Run Reserve July 29, 201) Page 2 of3 within Collier County; and Ordinance Number 75-24 which is mown as the "Collier County Zoning I Ordinance for the Coastal Arca Planning District"; all of which were recorded May 19, 1975, in Official ! Records Book 619, Pages 1177 through 1381, inclusive, of the Public R.ecords of Collier County, Florida. 2. Oil, gas, mineral or other reservations as set forth in deed by B8ITon Collier, Jr., recorded in Deed Book 3D, Page 91, Public Records of Collier County, Florida. No determination has been made as to the current record owner for the interest excepted herein. 3. Oil, gas, mineral or other reservations as set forth in deed by Brace Corporation recorded ; in Deed Book 37, Page 152, Public Records of Collier County, Florida. No determination has been made as to the current record owner for the interest excepted herein. , 4. Subject to the Rules and Regulations of Immokalee Area Planni.,g District as contained I in Resolution executed by the Board of Collier County Commissioners to the Public dated May 4, 1976 and recorded May 6, 1976 in Official Records Book 649, Page 1239 of the Public Records of Collier County, Florida. S. Subject to the rules and regulations of surface and ground water utilization as contained I in Agreement executed by The South Florida Water Management District to the Public dated March 31, 11989 and recorded March 31, 1989 in Official Records Book 1428, Page 2003 of the Public Records of Collier County, Florida. I 6. Easement over and across the East 30 Feet of the North 1/2 of the Southeast Quarter of the Southwest Quarter of Section 35. Township 48 South, Range 26 East, Collier County, Florida. By Resolution No. 2004-01. recorded On January 14. 2004 in O.R. 3484. Page 162, said Easement was vacated as to the Public's interest. I 7. Infrastructure Cost Sharing Agreement for Bucks Run P.ll.D. by and between I Restoration Church. Inc., and ~il1iam L. Hoover, Trustee of the Bucks Run Land Trust d~ted J~ly ~7, 11999, tecorded June 27,2001, m O.R. Book 2849. Page 0323, as lDlended by the followmg: (1) First I Amendment recorded March 26, 2004, in O.R. Book 3529, Page 697 and (ll) Second Amendment recorded November 15.2004, in 'O.R. Book 3679, Page 25. I 8. Subject to Resolution No. 93-8-3 Of the Big Cypress Basin of the South Florida Water I Management District dated December 9,2004 and recorded on December 14,2004 in O.R. Book 3696, Page 1354. I 9. Subject to conditions and restrictions of Permit Number 12516, issued by The South Florida Water Management District, recorded March 30, 2005, in O.R. Book 3763, Page 164. , 10. Environmental Resource Permit Notice recorded in O.R. Book 4212, Page 3293, Public I Records of Collier County, Florida. " II. Easement recorded in O.R. Book 4258, Page 2014, Public Records of Collier County, Florida. 12. I Florida. Notice recorded in O.R. Book 4265. Page 2818, Public Records of Collier County, .- 16 A 1 Attorney's Title Opinion Plat of Bucks Run Reserve July 29, 2011 Page 3 of3 I 13. Utilities Facilities Warranty Deed and Bill of Sale recorded in O.R. Book 4397, Page 1889, Public Records ofColIier County, Florida. I 14. , Florida. Resolution recorded in O.R. Book 4610. Page 2307. Public Records of Collier County, IS. Notices of Commencement recorded in O.R. Book 4684, Page 2524, and 4702, Page 1130. Note: Taxes for the year 2011 became a lien upon the land on January 1. 2011. but are not due and payable until November 1, 2011. Taxes for the year 2010 and prior years have been paid. Respectfully submitted, HaroldJ. Webre For the Firm INSTR 4508629 01 4635 pc; 1912 REalRDm 12/22/2010 12:18 PM PAGES 4 DWIGHT E. lROCX ~_ COLLIER COUNTY a.ERK OF TllE CRaJIT alURT DOCI.70 $8,750.uu REe S35.50 CONS $1,250,000.00 ^fO' Exbi.b1t "B" f/} IV" - lfJ l;Jt 1f1'b if> .4> , l6 '1{,~' nII__nl......... .,.... *r........ z:.turD to: Ki.obael A. Durant COlGO~ , CClllIlOr ~ DURA1ft', P .A. 2210 Vanderbilt hach JlOacI, Sute 1201 Wap1e., lrloz::Lda 34109 .......101(...... 00206040000 Warranty Deed This ladealure, Madelbls 17t:h dayoC DeCJ~z . 2010 A.D.. Betweea Buak. Ibm ".ezye, LLC, a 1'1Qzlda li1d.t:e4 11ahllit.y ~l" Dr ... c:.., or Coll1ez: . SIIIIo .r 1'1oz:1da . graDlor. DIIlI ma.J I.O'l'S, LLC, a fiodda 11a1tecl liab:UJ.t.y cClIIIpaDY "taa. __ it: 7350 Point ol llocke Roacl, Sara.ota, J'L 34242 or .... c-, or Sara.au . SlIIe .r lrl.ozida . gr'IIJltee. Wlm_seth ....... GRAH1'OR. r..... _____orllae_or ------------------------~ DOLLaRS ($10)----------------------- ~ "'" oUIIr pod IIId voIulIlr ~ ... GRANTOR ill .... poId II)' GRANTEE. "" IIICIIipl ......,. It .......,. odroltwIedpd, .... ...... NIpiIIod ... lOW ID die IDi4 GllAN'TEE ... GRAHlEE'S ...... _ .... III/pt r_. ... ........, ........ -II. ........ .,.,..........c..,.... Colliez: R C or fio:dda ID_ S_ attached Bxhib:U; -A- by ~8%eDce. hbj.at to zeal P3:OpeZ year.; aolU.nV, buU 9 VO__I1t:a1 aut:bozl ~ao;z:c!, U any; ;z:.. ~ .1IbcIi"i.:l.on. 2011 and .aba.~t . :l.ot1.onal iIIpo_d by min.za1 :l.Dtezeat o~ d ..._u 0_ to 'l'ogoethez: vi1;h all be10Dg':l.Dlf OJ: :l.D _yri. ':0 Ba". and. to Bold, t911.aee. ~z:ato ... 1M ....... .... """"r My _ 1M 11110 Ie IIid Iond. IIlII will ..._ ... _ ..... InIlII ...... .r 011 pa-. __. III WIlD... Whereof.............. ___.. iII...............,....)at lint _....... ..,n~ ..-...._ G:r&cSy KiDoz:, Co-JCanage;z: P'O..YdIao:SI'71_A._JIlo...... ...;141.., By~.7)~~ Ki.cbae1 D. Kooz:a, Co-Hafta9a&" roO. Addrou: Iln_A.w_ N.".. fLJ411J (Carp_Ie Seal) t, ~... li =-"h~ .."'....,....'. _ 9 .- W~tAeaa . (SoU) STATE OF lr1o%:Lda COUNTY OF CoU.lez: l100 ........ -..- ". _..... w_ _ IIiI I~""'- _ or nao-bazo . 2010 Q;z:ady Kino&', c~ o~ B1Iake bD ....~, x.r.c, . I'l.ozo:l.da 1:l.ai.t:.d. lillb:l.l:l.t.y aCllllpaDY, on ~ o~ t:h. o~, who ~. pez:.oaa11y Jcnown to_. 1If iJIIimIII ...=~'1lO"- "~Q:laIIIl',,2DU .........,_u-- Au(Jt#;?)l- Pdnt41J4 H_; Jl'otazl" hbUa My c....loIloo EIIpiIn: --- '--.........-.... _ -........ _"--, 16 A 1 .. OA 4635 PG 1113 16 A 1 , ~ l Warranty Deed . PlIP 2 . .....iIU_... 0020'040000 STATE OF r10dda COUNTY OF Co11.:i..&' , n. r..... ~ _ ..........1Ioftn 1M dtIs ,fJI1-.. of Dea.-be&' .2010.,. HiGh..1 D. Hoo~, Co-Nlmapz or Blick. Ibm ".ItZ'ftt, u.c, & 1'10&'.:1da 1iait:eclllabil:i.t:y ~y, _ ~u of tIle~&D , wbo:i.. pezo.0A&1.1y JcDoWII t:o _. ~'_ -..t"::r~." -. 1IIl", . ..,pa i;jE'~<~" 1llPII80:~' .~_ ...,..._1'". A ,... IIzu '--..0....._...."," _....... ._ft..,... OR 46JS PG 1914 16 A 1 EXHIBIT"AW Parcell (Fee SImple) ne North ~ of the Soa~ % of the Soatlnftst % of Sedioa 35, TowasJifp 48 Sou.... Rallle 2Ci Eat, CoOler Couty,l1orida, I.. IIDd acept lIa.e West 100 feef thereof preriODlly coaveyed fora road aud aaal rtpt-Gf-way. AND The North ~ oftb. Soudaeut ~ .ftll. So....... % ofSectio. 35, TOWIlUlp 48 South,.. 26 Eat, CoWer Cuaty, Florida. LESS AND EXCEPT tbe foDowlDI parcels orllUlcJ: Pan:eJ I-A: A portion of the Norda ~ of TOWIIllalp 48 South, Raage 26 ~ thereof, prnlolllly CODveyed described .. foUows~ Com SectiOD 35; theac:e ruB N Quarter for a dlstabCe of of 100.07 feet to th. PolD of Soutb In dearees 47' 32" East for a dfabulee of 37 '82.62 feet; thenee ruD N (tII. JIe&IDDIDa olda. para! 0 AND Parcel 1-8: A portloD of tbe ~ of tbe Soatlnrelt % of SeedOD 35, TOWJIIblp 48 Soatb, Ranle 26 E.. lid.. leu .Dd ueept tbe West 100 feet tbereof, pl'ft'foDlly eoaveyed for a I'8Il cual rlpt-GHray, beiDl more partlcalarly described .. Ionow-: COmmeace at the Solltbwest coraer al the Soatlnveat Qaarter of said SeedoD 35; theace nn North 00 depws 00' 10" East 8IoDI tile West Oae 01 aid Soatlawest Quarter for. d....Da1 oU71.01 feet; the.ee raD SOIdh In dqrea 41' 39" East for a dfstaDce of 100.07 feet to the Poia. of Bealnalal or the parcel of ..ad described bema; tlanee coadaae Soatla 87 d...... 47' 39" East for. dlstaaee of982.62 feet; theaee raa Soath 10 dtp'eel 52' 27" Eat for. dllta.ee of 309.3' feet; th~ ruB Nortla In deana 47' 3'" West for a dfatuee of 1041.03 feet; theaee l'1Ia North OO'cIepoees 00' 00" East lor a dlsfalace of 301.58 feet to the Polat olBealnaJaa: of fle Parcel of lalld bereiD described, co.taiaiag 7.000 ac,..,more or leu. Parcel 2 (Apparte.....t Euemeat) TOGE11IER WITH aa Aceeis EuemeDt IraDted by that eertai. Deed of Easement recorded OD November 20, 2003 aDdrec:orded I. O.R. Book 34C7, pale 3.14, PabUc Reconb 01 CoWer CouaCy, Florida, described .. 101l0Wl1 A pareeI of tile laud 17111I fa tile Sou.... Quarter orSectioa 35, TOWDIlaIp'" So...., RaDle 26 E.... CoDJer CoaaCy, FJorlda, beiae more particularly described as 10U..: Commeaee at the Soatlnvest caner of the So.tlawest % of SectIoa .35, Towaahip 48 So...... EXHIBIT -A- Page 1 012 . . *-.' OR 4635 PG 1915 *** 16 A 1 , . Ranle 26 East; dleate ran North 00 degrees 00' 00" East, aloa, the West liae oC the SouUnvest % DC aid Seetloa 35, TOWIIShlp 48 South, RaD,e 26 East for a dlJtaace oC 1,328.88 feet; ClaeDce rllll Soudl 87 cIepoea 47' 3%" East for a distaace of 100.07 fee.. to the PolDt oC BearJDIIID' of the parcel of land herela descnlJed; theace coatiDue South 11 degrees 47' 32" East aloDI aaicI UDe for a dlstaDc. oC745.98 feet; "eace I'IUI South 4J deg~ 17' 37" East for a dlstaDce oC 153.01 feet; tbeace raa South 60 degrees 24' 23" East for a dfstaace of 108.02 feet; tbence raa South 10 degrees 32' 01" East for a distaDCe of 101.48 reet; thtace rua North 'I degrees 41' 07" West for a dittaace of 93.34 Cee.; tbeace rua North 70 degrees 46' 08" West for a dgtaDce oC6O.26 feet; to the beglaning oC a taa,eatlal circular curve coacave Nortlleast; Claeace i1ID Northwesterly alon, the an: oC old curve to the ....... having a radial of 100.00 feet; Ibro. a central angle oC 29 degrees 01' 40", .1IbteDded by a chord oC son feet at a haria, of North 56 dear... 15' 18" West, for an arc leagtb of SO.66 Ceet to the end of laid curve: thence Nortb 41 degl'ftS 44' 28" West for a distaace of 100.88 feet, to the beglaalnl of a 'anleadal circular cnrve coacave Southwest; "'eace I'WI Northwesterly aloag tile an: oC laid curve to tbe left, havial a radius oC 60.00 Ceet, tbroulb a central angle of 46 degrees 03' 04",l1Ibleaded by a cbord of~94 reet at a hearia, or North 64 degrees 46' 00" arc leagth of 48.22 fee. to tbe ead of oid cUn'e; tbence roD North 00 deg :tI; aC&iOO:' tance or671..97 feet; thence rua North for a dlsfance of80.06 feet; to. iD !'tel oflaad herein described. C; EXHIBIT-A- Page 2 012