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Backup Documents 09/13-14/2011 Item #16A 2 Saumkt.-PR -44 ( [PRINTER TABLE command ; COURIER] ��:�"�(�����, THE 1 6 A2 ITEM NO. ; ORA/Ey DATE RECEIVED ; ���� ��� � 9 � FILE NO. : IS,. 0I OG� ° 3: 07 ROUTED TO : DO NOT WRITE ABOVE THIS LINE ( orig . 9/89 ) REQUEST FOR LEGAL SERVICES Date: October 17, 2011 AR- PPLA-PL-2010-1996 To: Office of the County Attorney, Attention: Steve Williams From: John R. Houldsworth, Senior Engineer A 1\ Development Services, Engineering Review 5, ‘,41,,,,1\\., Development Re: Saturnia Falls Plat 1 /0/20//1 BACKGROUND OF REQUEST/PROBLEM: Please review attached Construction and Maintenance Agreement and Performance Bond for legal sufficiency. (Are there documents or other information needed to review this matter?) This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review, execute Agreement if found to be sufficient and return to this office. OTHER COMMENTS: 1. ?[;__,E; Kz --- KDA:s?--C - -p 2. tic (fibG�.. kt ZGG 3. ' t31tt, - 1(, 7'-A .2-- 1 w\1U.. s t o-rb 0_,ti i T(L- 1 6 A ' CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ►3 114 day of Str . , 2011 between G.L. Homes of Naples•ef- ee+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: Saturnia Fall Phase One 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$4,446,477.00 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. 1 6 A 2 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. • 16A2 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this l3j T 14 day of , 2011. SIGNE I THE PRE NCE OF: G.L. HOMES OF NAPLES ASSOCIATES II, j LTD. By: IN \A, Printed y 40 Printed name: 6 LI.3 cfA VTr\- Name: William M. Fenno tTitle: _Dir. of Land Development Printed name: .10tr4 IAD aictStSr�c Wt ATTES DWIG1 Ee;BROCity CLIZK BOARD OF COUNTY COMMISSIONERS OF COLL R OUNTY, FLORIDA 1 B olio tW Deputy Clerk n..-• Chairman an. ure Approved as to form and legal s fficienc Assistant County Attorney • 16A2 CERTIFIED COPY OF PARTNERSHIP RESOLUTION I, PAUL CORBAN, Secretary of G.L. Homes of Naples II Corporation, a Florida corporation, the general partner of G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, do hereby certify that the following is a true and correct copy of a Resolution adopted by the general partner: "BE IT RESOLVED, that G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership (the "Partnership"), is developing that certain residential community located in Collier County, Florida commonly known as "Saturnia Falls", a/k/a "Terafina" (the "Community"); and BE IT FURTHER RESOLVED, that G.L. Homes of Naples II Corporation, a Florida corporation (the "General Partner"), as the general partner of the Partnership, intends to execute, on behalf of the Partnership, various permit applications for and in connection with the development of the Community (collectively, the "Land Development Documents"), and thereafter, deliver such Land Development Documents to the applicable governmental and quasi-governmental bodies, authorities and agencies (individually a "Governmental Authority"and collectively the"Governmental Authorities"); and BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as an "Authorized Signatory" of the Partnership for the sole and limited purpose of executing and delivering to the applicable Governmental Authorities, for and on behalf of General Partner, as the general partner of the Partnership, all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as an Authorized Signatory of General Partner for the sole and limited purpose of executing and delivering to the applicable Governmental Authorities, on behalf of the Partnership, any and all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that William Fenno, as an Authorized Signatory of General Partner, be and is hereby authorized to execute and deliver to the applicable Governmental Authorities, for and on behalf of the Partnership, any and all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that any and all action previously taken by William Fenno in connection with the execution and delivery of Land Development Documents by General Partner, as general partner of and on behalf of the Partnership, consistent with the authority granted herein is, in all respects, ratified, approved and confirmed." I FURTHER CERTIFY that the above Resolutions are in full force and effect and have not been altered, modified or rescinded. EXECUTED as of the 1st day of September, 2010. Paul Corban, as Secretary of G.L. Homes of Naples Associates II Corporation, a Florida corporation, the General Partner of G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership 2011 LIMITED PARTNERSHIP ANNUAL REPORT FILED 1 6 A a 19 DOCUMENT#A02000000415 Apr 2011 Secretary, of State Entity Name: G.L. HOMES OF NAPLES ASSOCIATES II, LTD. Current Principal Place of Business: New Principal Place of Business: 1600 SAWGRASS CORP PKWY, SUITE 400 SUNRISE, FL 33323 Current Mailing Address: New Mailing Address: 1600 SAWGRASS CORP PKWY, SUITE 400 SUNRISE, FL 33323 FEI Number:57-1139851 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired(X) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: G.L. HOMES OF NAPLES II CORPORATION 1600 SAWGRASS CORP PKWY, SUITE 400 SUNRISE, FL 33323 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date GENERAL PARTNER INFORMATION: ADDRESS CHANGES ONLY: Document#: P02000030560 Name: G.L.HOMES OF NAPLES II CORPORATON Address: 1600 SAWGRASS CORP PKWY,SUITE 400 Address: City-St-Zip: SUNRISE,FL 33323 City-St-Zip: Cdr • frA \ aS I hereby certify that the information indicated on this report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes. SIGNATURE: RICHARD M. NORWALK V 04/19/2011 Electronic Signature of Signing General Partner Date Saturnia Falls Plat One 162 Bond Estimate 9-19-11 Cateciory Cost Water 5314,527.04 Sewer $597,218.00 Paving $ 1 ,021 ,243.30 Drainage $660, 189.30 Off-Site Outfall $972,498.09 Landscape/Irrigation $428,576.00 Entrance Lighting $48,000.00 Total $4,042,251 .73 Bond Amount = $4,042,251 .73 x 1 .1 = $4,446,477.00 4t1) 24 1 6 A 2 DESCRIPTION OF WORK UNIT UNIT PLAT 1 PLAT 1 PLAT 1 PRICE QUANTITY INSTALLED REMAINING PLAT 1 BOND PAVING TYPE S-3 ASPHALT- 1" FIRST LIFT SY $3.59 43222 0 43,222 155,059 TYPE S-3 ASPHALT- 3/4" FINAL LIFT SY $2.92 43222 0 43,222 $126,262.27 6" LIMEROCK BASE SY $4.70 47968 0 47,968 $225,449.60 12" STABILIZED SUBGRADE SY $1.25 57855 0 57,855 $72,318.75 TYPE "A" CURB LF $9.15 1174 0 1,174 $10,742.10 TYPE "RA" CURB LF $13.25 290 0 290 $3,842.50 TYPE "E" CURB LF $8.73 998 0 998 $8,715.53 2'VALLEY GUTTER LF $5.60 16910 0 16,910 $94,636.82 3'VALLEY GUTTER p HANDICAPPED LF $16.99 420 0 420 $7,137.69 TYPE"F" CURB & GUTTER LF $6.69 15553 0 15,553 $104,100.12 12" CONCRETE BAND LF $14.11 384 0 384 $5,419.87 CONCRETE SIDEWALK SF $1.89 84464 0 84,464 $159,299.10 STOP SIGN/STREET NAME SIGNS (R1-1 EA $333.13 14 0 14 $4,663.75 SPEED LIMIT(R2-1) EA $179.38 1 0 1 $179.38 NINE DOT BARRICADE SIGN (0M4-1) EA $117.88 12 0 12 $1,414.50 PED X-ING (W11-2 w/W16-7p) EA $189.63 26 0 26 $4,930.25 PED X-ING (W11-2 w/W16-2a) EA $189.63 19 0 19 $3,602.88 YEILD SIGNS (R1-2) EA $179.38 3 0 3 $538.13 BIKE LANE SIGNS (R3-17) EA $153.75 23 0 23 $3,536.25 BIKE LANE AHEAD (R3-17 w/R3-7a) EA $179.38 2 0 2 $358.75 BIKE LANE ENDS (R3-17 w/ R3-17b) EA $179.38 2 0 2 $358.75 TRAFFIC CIRCLE SIGN (W2-6 w/W16-12p) EA $199.88 3 0 3 $599.63 24" STOP BAR,WHITE (PAINT) LF $2.31 240 0 240 $553.50 24" STOP BAR,WHITE (THERMOPLASTIC) LF $4.36 240 0 240 $1,045.50 12" CROSSWALK STRIPING,WHITE LF $1.13 4111 0 4,111 $4,635.15 12" CROSSWALK STRIPING,WHITE LF $1.13 4111 0 4,111 $4,635.15 12" CROSSWALK STRIPING, WHITE LF $2.31 4111 0 4,111 $9,480.99 6" SOLID WHITE STRIPING (PAINT- FIRST LF $0.26 7575 0 7,575 $1,941.09 6" SOLID WHITE STRIPING (PAINT- FINAL LF $0.26 7575 0 7,575 $1,941.09 6" SOLID YELLOW STRIPING (PAINT- LF $0.26 385 0 385 $98.66 6" SOLID YELLOW STRIPING (PAINT,- LF $0.26 385 0 385 $98.66 18" GORE STRIPING, WHITE (PAINT- LF_ $1.79 74 0 74 $132.74 18" GORE STRIPING, WHITE (PAINT- LF $1.79 74 0 74 $132.74 6" SOLID DOUBLE YELLOW(PAINT- LF $0.51 850 0 850 $435.63 6" SOLID DOUBLE YELLOW (PAINT- LF $0.51 850 0 850 $435.63 BIKE SYMBOL, WHITE (PAINT- FIRST EA $25.63 49 0 49 $1,255.63 BIKE SYMBOL, WHITE (PAINT- FINAL EA $25.63 49 0 49 $1,255.63 PAVING TOTAL $1,021,243.30 1 6 A 2 DESCRIPTION OF WORK UNIT UNIT PLAT 1 PLAT 1 PLAT 1 PRICE QUANTITY INSTALLED REMAINING PLAT 1 BOND DRAINAGE 12"x 18" ERCP LF $20.00 24 0 24 $480.00 15" RCP LF $18.98 1540 440 1,100 $20,878.00 18" RCP LF $23.79 1771 1,190 581 $13,821.99 24" RCP LF $30.02 1986 227 1,759 $52,805.18 30" RCP LF $42.47 961 0 961 $40,813.67 36" RCP LF $54.04 419 0 419 $22,642.76 42" RCP LF $66.64 117 0 117 $7,796.88 48" RCP LF $81.36 2187 914 1,273 $103,571.28 60" RCP LF $111.98 1373 0 1,373 $153,748.54 JUNCTION BOX 18" RCP EA $1,423.00 1 1 0 $0.00 JUNCTION BOX 24" RCP EA $1,523.00 1 1 0 $0,00 JUNCTION BOX 36" RCP EA $2,656.00 1 0 1 $2,656.00 JUNCTION BOX 48" RCP EA $3,200.00 1 0 1 $3,200,00 JUNCTION BOX 60" RCP EA $4,952.00 4 0 4 $19,808.00 FLARED END 15" EA $664.00 4 2 2 $1,328.00 FLARED END 18" EA $723.00 6 6 0 $0.00 FLARED END 24" EA $819.00 6 2 4 $3,276.00 FLARED END 36" EA $1,284.00 3 0 3 $3,852.00 FLARED END 42" EA $1,500.00 1 0 1 $1,500.00 FLARED END 48" EA $1,807.00 10 6 4 $7,228.00 FLARED END 60" EA $3,091.00 4 0 4 $12,364.00 "F" CURB INLET EA $2,867.00 29 9 20 $57,340.00 VALLEY GUTTER INLET EA $2,668.00 43 15 28 $74,704.00 3' x 6' BOX CULVERT (CRITTER LF $415.00 274 137 137 $56,855.00 WATER CONTROL STRUCTURE WCS-1 EA $16,000.00 1 1 0 $0.00 WATER CONTROL STRUCTURE WCS-2 EA $40,100.00 1 1 0 $0.00 WATER CONTROL STRUCTURE CB-166 EA $1,988.00 1 1 0 $0.00 DRAINAGE TOTAL $660,189.30 1 6 A 2 DESCRIPTION OF WORK UNIT UNIT PLAT 1 PLAT 1 PRICE QUANTITY INSTALLED POTABLE WATER _ 8" PVC w/ FITTINGS LF $14.49 4740 1,388 8" PVC w/ FITTINGS (C-900, CL 200) LF $16.07 230 125 10" PVC w/ FITTINGS LF $17.13 9905 4,488 10" PVC w/ FITTINGS (C-900, CL 200) LF $20.00 1180 338 8" GATE VALVE EA $1,100.00 14 2 10" GATE VALVE EA $1,510.00 30 16 TEMP BACT. SAMPLE POINT EA $100.00 22 0 PERMANENT BACT. SAMPLE POINT EA $870.00 14 4 BLOW OFF ASSEMBLY EA $760.00 6 0 FIRE HYDRANT ASSEMBLY w/6" GATE EA $2,290.00 38 16 AIR RELEASE VALVE EA $1,410.00 5 1 SINGLE SERVICE CONNECTION (LONG) EA $444.00 23 19 SINGLE SERVICE CONNECTION (SHORT) EA $394.00 45 15 DOUBLE SERVICE CONNECTION (LONG) EA $620.00 24 10 DOUBLE SERVICE CONNECTION (SHORT) EA $570.00 52 25 SERVICE TO LIFT STATION EA $1,430.00 2 1 BACKFLOW FOR TEMP. FIRE EA $6,000.00 1 1 CONNECT TO EXISTING 10" STUB EA $2,430.00 6 2 WATER TOTAL 1 16A2 DESCRIPTION OF WORK UNIT UNIT PLAT 1 PRICE QUANTITY PLAT 1 INSTALLED WASTEWATER 8" PVC GRAVITY (0'-6' CUT) LF $12.45 3409.00 1,020 8" PVC GRAVITY (6'-8' CUT) LF $16.70 2572.00 711 8" PVC GRAVITY(8'-10' CUT) LF $18.95 1738.00 949 8" PVC GRAVITY (10'12' CUT) LF $23.45 1951.00 776 8" PVC GRAVITY (121-14' CUT) LF $29.95 1025.00 475 8" PVC GRAVITY(14'-16° CUT) LF $52.45 729.00 427 8" PVC GRAVITY (16'-18° CUT) LF $73.45 267.00 60 SINGLE SERVICES EA $540.00 32.00 18 DOUBLE SERVICES EA $650.00 95.00 45 T V. INSPECTION LF $2.00 11691.00 0 MANHOLE (0'-6' DEEP) EA $3,910.00 14.00 3 MANHOLE (6'-8' DEEP) EA $4,470.00 9.00 4 MANHOLE (8'-10' DEEP) EA $5,190.00 6.00 3 MANHOLE (10'-12' DEEP) EA $6,080.00 8.00 3 MANHOLE (12°-14' DEEP) EA $7,110.00 5.00 3 MANHOLE (14'-16' DEEP) EA $8,020.00 5.00 1 MANHOLE (16'-18' DEEP) EA $9,270.00 3.00 2 OUTSIDE DROP CONNECTION EA $2,300.00 3.00 3 PLUG/BLOWOFF ASSEMBLY EA $600.00 2.00 1 2 1/2" PVC w/ FITTINGS (C-900, CL 200) LF $6.18 80.00 80 4" PVC w/ FITTINGS LF $10.25 1370.00 905 4" PVC w/ FITTINGS (C-900, CL 200) LF $10.77 420.00 285 6" PVC w/ FITTINGS LE $10.72 865.00 0 6" PVC w/ FITTINGS (C-900, CL 200) LF $11.78 230.00 0 8" PVC w/ FITTINGS LF $13.63 1350.00 1,350 TIE INTO EXISTING FORCEMAIN STUB EA $1,820.00 3.00 1 2 1/2" PLUG VALVE EA $730.00 2.00 1 4" PLUG VALVE EA $740.00 4.00 1 6" PLUG VALVE EA $1,270.00 3.00 1 8" PLUG VALVE EA $1,630.00 1.00 1 AIR RELEASE VALVE EA $8,650.00 7.00 3 PUMP STATION #1 EA $142,000.00 1,00 1 PUMP STATION #2 EA $142,000.00 0.00 0 PUMP STATION #3 EA $141,000.00 1.00 0 GRINDER STATION EA $25,000.00 1.00 0.5 WASTEWATER TOTAL 1 6 A 2 DESCRIPTION OF WORK UNIT PLAT 1 PLAT 1 UNIT PRICE QUANTITY INSTALLED OFF-SITE (LOGAN BOULEVARD OUTFALL) SILT FENCE LF $0.70 6500 6500 48" RCP LF $89.00 6484 0 JUNCTION BOX EA $2,837.00 20 0 48" FLARED END EA $2,780.00 2 0 DREDGE CANAL BOTTOM @ OUTFALL SY $4.00 980 0 RIP-RAP IN BOTTOM OF CANAL A CANAL SY $22.00 315 0 DOUBLE CUT TRENCHING LF $20.00 4930 0 DEMO & HAUL OFF EXIST. CURB LF $2.00 5375 0 DEMO ASPHALT TO CL OF LOGAN LF $2.00 7167 0 RESTORATION 0 - VALLEY GUTTER LF $5.60 5375 0 - 12" STABILIZED SUBGRADE SY $2.00 8958 0 - 10" LIMEROCK SY $7.30 7167 0 -2 1/2" S-1 AC SY $8.71 7167 0 -TYPE S-III SURFACE COURSE SY $4.20 7167 0 CONFLICT BOX EA $4,210.00 1 0 TURBIDITY BARRIER LF $15.00 100 0 OFF-SITE TOTAL 1 6 A 2 DESCRIPTION OF WORK UNIT PLAT 1 UNIT PRICE QUANTITY LANDSCAPE & IRRIGATION TREES: RED MAPLE EA $100.00 5 EAST PALATKA HOLLY EA $175.00 66 SLASH PINE EA $150.00 75 LIVE OAK EA $200.00 427 PALMS: CABBAGE PALM EA $100.00 137 SHRUBS: MUHLY GRASS EA $8.00 879 SIMPSON STOPPER EA $8.00 7005 DWARF FAKAHATCHEE GRASS EA $8.00 440 WALTERS VIBURNUM EA $8.00 413 IRRIGATION SY $0.35 83800 MULCH SY $0.25 83800 SOUTH PROPERTY WALL LF $60.00 3100 LANDSCAPE & IRRIGATION TOTAL STREET LIGHTING ENTRANCE STREET LIGHTS EA $2,000.00 24 STREET LIGHTING TOTAL