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Backup Documents 11/10/2015 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 3 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (I/0 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was November 10,2015 Agenda Item Number 16-A13 Approved by the BCC Type of Document Plat—Viansa at Talis Park Number of Original One Attached Documents Attached PO number or account number if document is to be recorded 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. Does the document require the chairman's original signature? 5-i\-,;m1.4 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on November 10,2015 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t'- Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A " 13 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office /+/15 4. BCC Office Board of County Commissioners \Ss f Vz—VV5 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was November 10,2015 Agenda Item Number 16-A 13 Approved by the BCC �f��'"' Type of Document Cobstruction,Maintenance and Escrow Number of Original Two Attached Agreement—Viansa at Talis Park Documents Attached PO number or account number if document is to be recorded 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. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. S\S 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! 8. The document was approved by the BCC on November 10,2015 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the w A BCC,all changes directed by the BCC have been made, and the document is ready for e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 A 13 ' CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this Z 31- day of November, 2015 by KE TALIS PARK PROPERTIES, LLC, a Delaware limited liability company (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter the "Board") and ROETZEL & ANDRESS, LPA (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 Viansa at Talis Park. 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 Waldrop Engineering, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. 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. In conjunction with entering into this escrow agreement (the "Escrow Agreement") Developer has deposited with Escrow Agent the sum of Eight Hundred Seventy-Nine Thousand Seven Hundred Four and 72/100 Dollars ($879,704.72) in Bank of America, Account No. 0036 6250 4064 to guaranty the completion of the remaining Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is Eight Hundred Seventy-Nine Thousand Seven Hundred Four and 72/100Dollars ($879,704.72), and this amount represents 100% of the Developer's engineer's estimate of the remaining construction costs to be incurred to complete the Required Improvements plus 10% of the total estimated cost of the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent 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 eighteen (18) months from the date of approval of said subdivision plat. 1 6A13 2. Developer hereby authorizes Escrow Agent to hold Eight Hundred Seventy-Nine Thousand Seven Hundred Four and 72/100 Dollars ($879,704.72) (the "Escrow Funds"), in escrow, pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this Agreement. 4. The Escrow 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; 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 Seventy-Nine Thousand Nine Hundred Seventy-Three and 16/100 Dollars ($79,973.16) 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 agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the 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; (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 1 6 A 1 3 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. 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 provisions; 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. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval of the Required Improvements by the County Manager or his designee. After the one (1) 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 Escrow Agent's responsibility to the Board under this Agreement shall be automatically terminated. 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. 1 6 A 1 3 IN WITNESS WHEREOF, the Board":..d the Developer have caused this Agreement to be executed by their duly authorized representatives this z3 - day of _ j 'VV(.. , 2015. SIGNED I T 'EP' SENCE OF: DEVELOPE' KE Talis Pa Pro 1 • •s, LLC, ./ a Delaware ited 1 . .ility company Printed Name: $i4 [Z J?loct5 By: iii•A / Milton Fl nn, President ,/ `,\ (Provide Proper Evidence of Authority) 11- Printed Name: S�✓�v ESCROW AGENT: Roetzel & Andress, L.P.A. `l Donna Ambrose Printed Name: By: ,;(..AL Print Name/Title: _ , (1)72 : SYNC j,1ihi 0 JESSICA M. GUIDA-HARRIS 5) -------- in Printed Name: ATTEST:,,,}'.... DWIGIT E. BROCK., CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1n { _t/tad / ' "fir / e°,,a.e..e.... Deputy clerk Approved as t form ar�in'.i1e,-SIY. Print Name: TIM NANCE, CHAIRMAN E Chairman t i Print Name: Scott A. Stone, Assistant County Attorney Detail by Entity Name Page 1 of 3 16A1 3 FLORIDA DEPARTMENT OF STATE 1.-444 DIVISION OF CORPORATIONS ;n/i. "� Detail by Entity Name Foreign Limited Liability Company KE TALIS PARK PROPERTIES, LLC Filing Information Document Number M11000000316 FEI/EIN Number 27-4577581 Date Filed 01/24/2011 State DE Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 12/21/2011 Event Effective Date NONE Principal Address 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Mailing Address 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Registered Agent Name & Address SPEER, GEORGE 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Authorized Person(s) Detail Name &Address Title Authorized Member KE TALIS PARK HOLDINGS, LLC 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title CEO KITSON, SYDNEY W 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title P hap://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/30/2015 3 Detail by Entity Name 1ag62 31 FLINN, MILTON 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title EVP HOBAN, THOMAS M 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title ST SPEER, GEORGE G 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title AS WOODS, ERICA S. 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title Asst. Treasurer DISTEFANO, PAUL 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title VP VANDER MAY, WILLIAM R. 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title VP DOUGHERTY, ALFRED 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Title VP DANAHY, THOMAS J 4500 PGA BLVD., SUITE 400 PALM BEACH GARDENS, FL 33418 Annual Reports Report Year Filed Date 2013 04/23/2013 2014 04/25/2014 2015 04/27/2015 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entit... 11/30/2015 16A13 Viansa at Talis Park—PL20150001986 Plat Recording Application Opinion of Probable Cost 1 original copy 1 6 A 1 3 VIANSA OPINION OF PROBABLE COST (PLAT BOND) Waldrop Engineering File No. :244-43-01,Rev01 SUMMAR Wastewater $99,951.19 Water $115,208.68 Sub-Total $215,159.87 Earthwork $8,349.00 Paving $95,250.25 Drainage $304,256.30 Code Minimum Landscaping $100,000.00 Irrigation $32,716.14 Lighting $44,000.00 Sub-Total $584,571.69 Total $799,731.56 10%Contingency $79,973.16 Bond Total $879,704.72 Notes: 1) This Opinion of Probable Cost(OPC)shall be used for budgeting purposes only. 2) This OPC is based on the engineer'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 OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3) All costs provided in this OPC are based on recent contract prices, or the engineer's 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. 4) Does not include permit fees or soft costs. 5) Does not include enhanced landscape or hardscape features. A, 0;3;• i Davicf�Zi.Witlems,'FF5t576s4 ; * y ,t • zTATFOF •Date %Florida r '#r• 4RI0P'` G��••\ '///, ONAL.'1 *"\\\\ 1 6 A 1 3 Estimated Item# Description Unit Unit Price Amount Quantity WW-1 Connect to Existing Gravity Sewer 1 EA $1,500.00 $1,500.00 WW-2 8"PVC Sanitary Sewer SDR-26(6'-8') 464 LF $32.44 $15,052.16 WW-3 8"PVC Sanitary Sewer SDR-26(8'-10') 287 LF $40.25 $11,551.75 WW-4 8"PVC Sanitary Sewer SDR-26(10-12') 386 LF $49.00 $18,914.00 WW-5 Manhole 4' Diameter with IET Coating(6'-8') 3 LF $5,189.56 $15,568.68 WW-6 Manhole 4'Diameter with IET Coating(8'-10') 2 LF $5,859.50 $11,719.00 WW-7 Manhole 4'Diameter with IET Coating(10-12') 2 LF $6,800.00 $13,600.00 WW-8 6"Single PVC Sewer Service w/Cleanout 20 EA $602.28 $12,045.60 TOTAL= $99,951.19 16A13 POTABLE WATER&FIRE Estimated Item# Description Unit Unit Price Amount Quantity W-1 Connect to Existing Water Main 1 EA $2,200.00 $2,200.00 W-2 8"PVC Water Main(C900,DR 14) 1,276 LF $22.89 $29,207.64 W-3 8"Gate Valve 1 EA $1,600.00 $1,600.00 W-4 1"Single Water Service,Complete 14 EA $523.48 $7,328.72 W-5 1.5"Double Water Service,Complete 3 EA $895.72 $2,687.16 W-6 6"PVC Fire Main (C900,DR 14) 244 LF $21.00 $5,124.00 W-7 2"Fire Service,Complete 11 EA $1,100.00 $12,100.00 W-8 2"Gate Valve 11 EA $512.36 $5,635.96 W-9 Fire Hydrant,Complete 10 EA $4,000.00 $40,000.00 W-10 Permanent Bacterial Sample Point 1 EA $1,784.20 $1,784.20 W-11 Automatic Flushing Device 1 EA $6,184.00 $6,184.00 W-12 Temporary Blowoff w/Bacterial Sample Point 1 EA $1,357.00 $1,357.00 TOTAL= $115,208.68 1 6 A 1 3 EARTHWORK Estimated Item# Description Unit Unit Price Amount Quantity E-1 Sod(1'Behind Curb) 285 SY $2.20 $627.00 E-2 2'Silt Fence(Single Row) 428 LF $1.75 $749.00 E-3 2'Silt Fence(Double Row) 1,358 LF $3.50 $4,753.00 E-4 Floating Turbidity Barrier 185 LF $12.00 $2,220.00 SUBTOTAL= $8,349.00 1 6 A 1 3 PAVING Item# Description Estimated Unit Unit Price Amount Quantity P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 3,379 SY $4.50 $15,205.50 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 3,379 SY $4.50 $15,205.50 P-3 6"Limerock Base(Compacted and Primed) 3,379 SY $7.00 $23,653.00 P-4 12"Stabilized Subgrade(Onsite Material) 4,314 SY $2.25 $9,706.50 P-5 Type"A"Curb&Gutter 331 LF $11.25 $3,723.75 P-6 Valley Gutter 2,532 LF $8.00 $20,256.00 P-7 Signing and Marking 1 LS $7,500.00 $7,500.00 SUBTOTAL= $95,250.25 *Common area only(see plans) 1 6 A 1 3 DRAINAGE Estimated Item# Description Unit Unit Price Amount Quantity _ D-1 Connect to Existing Drainage 2 EA $2,500.00 $5,000.00 D-2 12"HDPE 1,737 LF $17.00 $29,529.00 D-3 15" RCP 2,456 LF $28.00 $68,768.00 D-4 18" RCP 515 LF $35.78 $18,426.70 D-5 24" RCP 786 LF $49.39 $38,820.54 D-6 30" RCP 34 LF $63.59 $2,162.06 D-7 Valley Gutter Inlet 6 EA $2,800.00 $16,800.00 D-8 Type"C"Grate Inlet 46 EA $2,500.00 $115,000.00 D-9 Yard Drain 15 EA $650.00 $9,750.00 SUBTOTAL= $304,256.30 1 6 A 1 3 LANDSCAPING Estimated Item# Description Unit Unit Price Amount Quantity L-1 Code Minimum Landscaping 1 EA $100,000.00 $100,000.00 SUBTOTAL= $100,000.00 1 6 A 1 3 IRRIGATION Estimated Item# Description Unit Unit Price Amount Quantity 14 Connect to Existing 12"Irrigation Main 1 EA $2,200.00 $2,200.00 1-2 4"PVC Irr.Main(C900,DR14) 1,239 LF $12.56 $15,561.84 1-3 Single Irrigation Service,Complete 12 EA $700.00 $8,400.00 1-4 Permanent Blow-off 1 EA $6,554.30 $6,554.30 TOTAL= $32,716.14 I 1 6 A 1 3 LIGHTING Estimated Item# Description Unit Unit Price Amount Quantity L-1 Lighting 11 EA $4,000.00 $44,000.00 SUBTOTAL= $44,000.00