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Backup Documents 03/14/2017 Item #16A 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 8 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 he 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 routin&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 ( 3 4. BCC Office Board of County bA Commissioners \J\ /( / 5. Minutes and Records Clerk of Court's Office p YJW 4!i217 j0:41614( 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 March 14,2017 Agenda Item Number 16-A8 Approved by the BCC Type of Document Plat—Gaspar Station Phase 3 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? n/a 2. Does the document need to be sent to another agency for additional signatures? If yes, _114--- provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. tj/6- 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 March 14,2017 and all changes made during the meeting have been incorporated in the attached document. The County 1:tF‘3 9a Attorne 's Office has reviewed the chanes,if a. .licable. _�� �� ": 9. Initials of attorney verifying that the attached document is the version approved by ther , BCC,all changes directed by the BCC have been made, and the document is ready for the Fr ' yA 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 16A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I'rint 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 4. BCC Office )S(//1)2 Board of County 177 Commissioners N\K/5,//5` c \3`�.� 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 March 14,2017 Agenda Item Number 16-A8 Approved by the BCC Type of Document Construction,Maintenance&Escrow Number of Original One Attached Agreement—Gaspar Station Phase 3 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? n/a 2. Does the document need to be sent to another agency for additional signatures? If yes, JII /A 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 March 14,2017 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 the 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 16A 8 CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this 10 /Ili day of March,20 17 by A. GROVER MATHENEY, AS SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988 (hereinafter"Developer"),THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. (hereinafter "The Board") and CONROY, CONROY & DURANT, P.A. (hereinafter "Escrow Agent"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval'by the Board of a certain plat of a subdivision to be known as:GAPSAR STATION-PHASE 3. 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 J.R. Evans 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 I0.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code require the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer has deposited Ninety Six Thousand Nine Hundred Sixteen and 05/100 Dollars ($96,916.05) (the "Escrowed Funds") with Escrow Agent to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is Ninety six thousand nine hundred sixteen and 05/109 Dollars _JI this($96,916.05), and hrs amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW,THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,Developer,the Board and the 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 ten(10)months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold the Escrowed Funds and disburse same only pursuant to this Agreement. 4. The Escrowed Funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent(10%); and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of$15,313.80 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. 16A 8 However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent shall disburse to the County immediately upon demand the balance of the Escrowed Funds held by Escrow Agent,as of the date of the demand,provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the County Manager or his designee to the effect that: (a) Developer for more than sixty(60)days after written notification of such failure has failed to comply with the requirements of this agreement; (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 Escrowed 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 Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of only those specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the specified funds disbursed in accordance with the letter of authorization from the County. 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 escrow 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 Improvement for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer and upon submission of a written request for inspection,the County Manager or his designee shall inspect the Required Improvements and,if found to be still in compliance with the Code as reflected by final 164 8 approval by the Board, Escrow Agent's responsibility to the Board under this Agreement shall immediately terminate. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Escrow Agent. IN WITNESS WHEREOF,the Board and the Developer and Escrow Agent have caused this Agreement to be executed by their duly authorized representatives this 36 11) day of March,2017. SIGNED IN THE PRESENCE OF: DEVELOPER: B : - Printed time:. `gra t i.e.° 40/6•4•Zr A. GR VE MATHENEY, A SUCCESSOR TRUSTEE UNDER THAT CERTAIN LAND TRUST AGREEMENT DATED JUNE 29, 1988 Printed Name: t%'"J �4 i.c•' b/� SIGNED IN THE PRESENCE OF: ESCROW AGENT: M f\ '�CAn�� CONROY,CONROY&DURANT P.A. Print d Name: t -`- jstieddIjiyr ---Pel '' Kristin M.Conro Printed Nat. . t2 ' Z, �i�elop ft'1'S Vice-President yy, ATTEST':. �` • •• MM i BOARD • ►• Y COMMISSIONERS OF COLLIER DVVIGH $dOYC, R•K r. " OUNTY,FLORI By: it/ 11/ AIL 4011Alt *It Deputy Clerk•..... 8t only. Approvkd as t}'form and legal • Scott A.Stone,Assistant County Attorney PENNY TAYLOR, CHAIRMAN 16A 8 Gaspar Station - Phase 3 Performance Bond Opinion of Probable Cost 7-Apr-17 Paving DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 1.5"Asphalt SY 897 $7.25 $6,503.25 8"Limerock Base(compact&prime) SY 897 $9.00 $8,073.00 12"Stablized Subgrade SY 1,026 $1.95 $2,000.70 6"Concrete SY 25 $13.00 $325.00 6"Concrete Sidewalk SY 181 $26.00 $4,706.00 Type"F"Curb LF 450 $11.00 $4,950.00 3'Valley Gutter Crossing LF 147 $14.00 $2,058.00 Misc. Site Work SUBTOTAL $28,615.95 DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Light Poles EA 2 $1,500.00 $3,000.00 Drainage SUBTOTAL $3,000.00 DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 18"RCP LF 33 $28.00 $924.00 24"RCP 36"RCP LF 226 $35.00 $7,910.00 1 LF 22 $47.00 $1,034.00 Junction Box EA 1 $2,500.00 $2,500.00 Type'9'Inlet with'C'Bottom EA 1 $2,500.00 $2,500.00 Type'9'Inlet with'E'Bottom EA 1 $3,500.00 $3,500.00 Type'5'Inlet with'E'Bottom EA 1 $3,500.00 $3,500.00 TOTAL $21,868.00 Potable Water System DESCRIPTION' UNIT QTY UNIT PRICE TOTAL PRICE 8"C-900-CL-200 Water Main LF 190 $21.50 $4,085.00 8"C-900-CL-150 Water Main LF 230 $19.50 $4,485.00 Tie into Existing EA 1 $1,721.55 $1,721.55 Fire Hydrant Assembly Complete EA 1 $2,360.00 $2,360.00 Automatic Flushing Device EA 1 $8,000.00 $8,000.00 Permanent Sample Point EA 1 $2,500.00 $2,500.00 8"Gate Valve EA 3 $750.00 $2,250.00 TOTAL $25,401.55 Wastewater System DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 8"Gravity Main LF 98 $20.00 $1,960.00 Manhole EA 1 $2,500.00 $2,500.00 Connect to Existing Manhole EA 1 $760.00 $760.00 Lateral Service Complete EA 2 $2,000.00 $4,000.00 TOTAL $9,220.00 Useppa Way Improvements TOTAL = $88,105.50 10% Bond = $8,810.55 TOTAL Bond = $96,916.05 16A 8 I v m_a ai �i� 11 ii,le / • 4 ALL il TRACT FJ , !r _ ,, a»•n i jlTRACT`FR-1` 1 v4tsJ` » A4EtsEE _ _•,744.:,—...!,S, r . • I! 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