Agenda 06/25/2013 Item #16A126/25/201316.A.12.
/0'%N EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairwoman to sign a Maintenance
Agreement between Collier County and Bent Creek Preserve LLC in order for them to
maintain a future wet lake for the County and to indemnify the County in regards to the
wet lake.
OBJECTIVE: That the Board approves and authorizes the Chairwoman to sign the attached
Maintenance Agreement with Bent Creek Preserve LLC (Bent Creek) for the Immokalee Road
Pond #2 so that material may be excavated by a private developer out of a county pound for a
public roadway project.
CONSIDERATIONS: Section 11 of the DCA with Bent Creek Preserve states: "Bent Creek, at
its sole cost and expense to permit and contract, may excavate additional material from the
County's roadway drainage pond adjacent to the Bent Creek Preserve RPUD." This pond
( Immokalee Road Pond #2) is currently a "dry detention" area which is located immediately east
of and adjacent to the Bent Creek Preserve RPUD area (See Project location on the cover sheet
of Exhibit 3). Bent Creek Preserve purposes to excavate this dry detention area to a depth of
approximately twenty -one feet or elevation 7.0± (See sheet two of Exhibit 3). The material
excavated from this dry detention area will be used as fill for the Woodcrest Drive extension
from Immokalee Road south to Acremaker Drive. Upon completion of Woodcrest Drive in
accordance with the DCA, plan and specifications of the construction, the road will be turned
over to the County. This road is a portion of the future interconnection of Woodcrest Drive,
Treefann Road and Massey Street which will provide an alternative for the general public to the
Collier Boulevard/Immokalee Road intersection. (See Exhibit 4)
FISCAL IMPACT: There is no cost to Collier County associated with this proposal. Currently,
the estimated cost to maintain Immokalee Road Pond #2 is over $130,000 for a thirty year
period. With Bent Creek Preserve taking over the maintenance of this, Collier County would no
longer be maintaining the dry detention area and there would be no cost to Collier County for
maintenance.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
I
s to form and legality, and requires majority vote for approval. -JAK.
RECOMMENDATION: That the Board approves and authorizes the Chairwoman to sign a
Maintenance Agreement with Bent Creek Preserve LLC.
Prepared By: Reed Jarvi, Transportation Planning Manager, Growth Management Division
Attachments: 1) Agreement; 2) DCA; 3) Approved Excavation Plans; 4) Exhibit of future
Woodcrest/Treefann/Massey interconnection; 5) Approved right -of -way permit for the
excavation of Immokalee Road Pond #2.
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6/25/2013 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to approve and authorize the Chairwoman to sign a
Maintenance Agreement between Collier County and Bent Creek Preserve LLC in order for them
to maintain a future wet lake for the County and to indemnify the County in regards to the wet
lake.
Meeting Date: 6/25/2013
Prepared By
Name: BeardLaurie
Title: Planner,Transportation Planning
6/7/2013 1:30:19 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 6/7/2013 1:58:52 PM
Name: JarviReed
Title: Transportation Planning Manager, GMD
Date: 6/7/2013 3:55:07 PM
Name: V1ietJohn
Title: Director - Road Maintenance,Transportation Enginee
Date: 6/10/2013 11:03:07 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/13/2013 9:47:51 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/13/2013 10:14:31 AM
Name: KlatzkowJeff
Title: County Attorney
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Date: 6/14/2013 9:53:19 AM
Name: OchsLeo
Title: County Manager
Date: 6/15/2013 12:10:06 PM
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6/25/2013 16.A.12.
6/25/2013 16.A.12.
n MAINTENANCE AGREEMENT
This Maintenance Agreement is entered into this day of June, 2013, by and between
Collier County, Florida, a political subdivision of the State of Florida whose mailing address is
3301 Tamiami Trail East, Naples, FL 34112 (hereinafter referred to as the "County "), and Bent
Creek Preserve, LLC, whose mailing address is 825 Coral Ridge Drive, Coral Springs, FL
33071 (hereinafter referred to as the "Developer ").
RECITALS:
WHEREAS, County is the owner of that certain parcel of land located in Collier County,
Florida and known as Immokalee Road Pond #2 (hereinafter referred to as "Dry Detention
Area "); and
WHEREAS, Section 1 of the Construction Standards Handbook for Work Within The
Public Rights -Of -Way, Collier County, Florida (2009) provides as follows:
L PERMIT REQUIREMENTS
When permitted facilities are placed within a public right -of -way or easement, the
installation is for permissive use only and placing of facilities shall not operate to create
or vest any property right in the associated right -of -way or easement in the Permittee.
Furthermore, the Permittee shall be responsible for maintenance of such facilities until
they are removed unless otherwise specified in the particular instance.
WHEREAS, in keeping with the above, the Developer has applied for a Work within the Public
Rights -of -Way Permit, and has construction documents prepared by a licensed professional
engineer for County review. A copy of this Permit and the plans are attached hereto as Exhibit
"A
NOW, THEREFORE, in consideration of the covenants contained herein, the parties
agree as follows:
1. Subject to the issuance of all necessary Permits, County hereby grants to the
Developer the right to remove fill from those portions of the Dry Detention Area depicted in
Exhibit "A." The Permit addresses, among other things, existing condition, proposed condition
and construction details of the work is to be performed.
2. The Developer agrees to construct and maintain the improvements set forth in
Exhibit "A" (hereinafter referred to as "Improvements ") at its sole cost and expense, in
perpetuity unless the County executes a release from indemnification as discussed below.
3. Should the Developer fail to construct or maintain the Improvements in accordance
with Schedule "A" or law, the County may provide notice to the Developer in writing, specifying
the nature of the deficiency. Within five working days following receipt of such notice, the
Developer at its sole cost shall cause the appropriate repairs or cure to be effected. In the event
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damage to, or failure to maintain the Improvements results in a situation where public safety is at
risk, (1) the Developer shall effect repairs within twenty -four hours of receipt of the County's
written notice, or (2) the County may, at its option, effect repairs to the Improvements, without
the need for prior notice to the Developer, and will promptly bill the Developer for all actual
costs incurred in effecting the repairs. The Developer shall reimburse the County for such costs
within thirty days of receipt of the County's bill.
4. The Developer, as Indemnitor hereunder, shall indemnify and save harmless the
County, as Indemnitee hereunder, including all employees of the County, from any loss or
damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines,
penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation,
against the County arising out of the Developer's use of the Dry Detention Area for the purposes
set forth in this Agreement, including the construction and removal of the Improvements. The
Indemnitee shall not undertake to settle any lawsuit or threatened lawsuit that could give rise to
Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to not
be unreasonably withheld.
5. The indemnity provided for by this Agreement will extend from the date of this
Agreement until such time as the parties hereto acknowledge in writing that the Developer has
ceased to use the Dry Detention Area for the purposes stated within this Agreement and the Dry
Detention Area has been restored as set forth below, at which time, following receipt of the
Developer's written request, the County will execute a release from indemnification in favor of
the Developer.
6. Indemnitee agrees to give Indemnitor written notice of any claims filed against the
County in connection with this Agreement, within thirty days of the date that County is aware of
such claim.
7. Unless terminated as set forth below, this Agreement shall remain in full force and
effect in perpetuity from the date first set forth above, and shall be binding upon the parties and
all their successors in interest If the County terminates this Agreement based upon the
Developer's substantial breach of this Agreement, then upon written demand by County, the
Developer, at its sole cost and expense, shall remove the Improvements and will restore the Dry
Detention Area to the condition that existed immediately prior to the effective date of this
Agreement. If the Developer terminates this Agreement based upon the County's substantial
breach of this Agreement, then the County will be responsible for any removal of the
Improvements or restoration of the Dry Detention Area. Except for the above, neither party will
be liable to the other for any damages or claims resulting from the termination of this
Agreement.
8. In the event either party hereto shall institute legal proceedings in connection with,
or for the enforcement of, this Agreement, the prevailing parry shall be entitled to recover its
costs of suit, including reasonable attorney's fees, at both trial and appellate levels.
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n 9. This Agreement may be recorded by the County in the Official Records of Collier
County, Florida. The Developer shall pay all costs of recording this Agreement prior to the
execution of this Agreement. A copy of the Recorded Agreement will be provided to the
Developer.
noo
10. This Agreement is the entire agreement between the parties, and supersedes all
previous oral and written representations, agreements and understandings between the parties.
This Agreement shall be governed by the laws of the State of Florida, and may not be altered or
amended in any way, save by written agreement signed by both parties.
11. The rights and obligations of this Agreement shall bind and benefit any successors
or assigns of the parties. Specifically, and without limitation, this Agreement shall be binding
upon the homeowner's association for Bent Creek Preserve upon the recordation of the
Declaration of for Bent Creek Preserve, and such Declaration for Bent Creek Preserve shall
provide for the homeowner's association to assume responsibilities for the obligations as set
forth herein. Developer shall provide purchasers of homes within Bent Creek Preserve a copy of
the Declaration for Bent Creek Preserve at the time of contract, and as is customary, each such
contract purchaser shall be required to sign a homeowner association documents
acknowledgment as well as the Disclosure Summary regarding the homeowner's association as
required by Florida law.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FOR SPECIAL CONDITIONS, IF ANY
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In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
Dwight E. Brock, Clerk Georgia A. Hiller, Chairwoman
WITNESSES: BENT CREEK PRESERVE, LLC ( "Developer ")
By:
Printed Name: Printed Name:
Title:
Printed Name:
STATE OF FLORIDA
COUNTY OF COLLIER
Signed and acknowledged on this day of , 2013, before me, the
undersigned notary public, by , President of
Bent Creek Preserve, LLC, a Florida limited liability company, on behalf of the company. He []
is personally known to me or [ ] produced
as identification.
My Commission Expires:
Approved as to Form and Legality:
County Attorney
Notary Public
Printed Name:
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INSTR 4713926 OR 4813 PG 3036 RECORDED 7/5/2012 2:37 PM PAGES 22
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $188.50 INDX $3.00
6/25/2013 16.A.12.
DEVELOPER CONTRIBUTION AGREEMENT
BENT CREEK PRESERVE
(Successor to Developer Contribution Agreement dated December 13, 2006)
THIS DEVELOPER CONTRIBUTI QN AGREEMENT (hereinafter referred to as
the "Agreement" ) is entered into this a(o day of June, 2012, by and between BENT
CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE,
LLC, a Florida limited liability company and its successors, assigns and subsequent
owner /developer ( "Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida
limited liability company and its successors, assigns and subsequent owner /developer
( "Calusa "); WELLS FARGO BANK, N.A.; and COLLIER COUNTY, FLORIDA (the
"County "). All capitalized terms not defined herein shall have the same meaning as set
forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13,
as amended.
WHEREAS, Water
approximately 138.3 acres
the south side of Immok e
intersection of Collier B
(hereinafter referred to as
constructed on Tracts ar.
Plan, attached hereto as
Board of Commissione
denture V, a ; `partnership, was the owner of
in unincorporated liallounty, Florida, located on
proxi ate one half mile east of the
t ), an is a ace t to Woodcrest Drive
e e to ment is intended to be
d pi to o , C eek Preserve Master RPUD
I pen al by the Collier County
WHEREAS, Wate Dint Venture V an'&th ` , `ty have previously entered
into that certain Developer �50d— ion Agreeme ixi t Lakes dated December 13,
2006 and recorded in Official
or 816, Public Records of Collier
County, Florida (the "2006 Develope , and
WHEREAS, Section 6.5 - Transportation - of the Summit Lakes RPUD, approved
by the Board of County Commissioners on December 12, 2006, subsections "Q" and "R"
states as follows:
"Q. The developer shall build a local road cross - section on Woodcrest Drive from
Immokalee Road to the southern boundary of the proposed Habitat Woodcrest RPUD.
1. If the right -of -way for the entire road is not available, the Developer shall
construct the portion that has sufficient right -of -way. Where the right -of -way is
not available, the Developer shall pay in lieu of construction within 30 days of the
right -of -way permit issuance.
2. Should the County approve a Developer Contribution Agreement (DCA), such
agreement shall provide road impact fee credits for the design, construction, and
permitting, including environmental mitigation, for the upgrade from a local road
to a minor collector road.
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OR 4813 PG 3037
6/25/2013 16.A.12.
R. The developer shall dedicate to the County, at no cost to the County, and within 90
days of rezone approval, approximately 1.51 acres for Woodcrest Drive right -of -way.
This dedication shall not be eligible for road impact fees"; and
WHEREAS, according to the terms of the 2006 Developer Agreement,
Waterways Joint Venture V was vested transportation concurrency rights to the
Development in exchange for Waterways Joint Venture V designing, permitting, and
constructing a two lane urban collector road connecting Immokalee Road with Collier
Boulevard and Vanderbilt Beach Road through a connection to Massey Street for the sum
of $5,100,000 in Road Impact Fee Credits; and
WHEREAS, pursuant to the terms of the Developer Agreement, on March 8,
2007, Waterways Joint Venture V provided an Irrevocable Standby Letter of Credit
issued by Wells Fargo Bank, N.A c merger) to Wachovia Bank, N.A
(the "Bank ") in the amount o ,3t5 V 4 one -half (1/2) of the County's
estimated Road Impact Fees-
WHEREAS, Wa rw s * V filed to e4 its obligations under the
Developer Contributiq A e t. a ter r 9 010, the County called the
Irrevocable Standby Leiner ,
WHEREAS, on (I-s'e r k ified Complaint in the
r r
Circuit Court of Collier pu ty naming Waterw Joint e dre V, LLC (as successor
by conversion to Waterw int Venture V) as fin and requesting the Court to
enter a judgment of forecl`re ith respect to the t priority mortgage on the
real and personal property co he Develo "Collateral "); and
Tr
WHEREAS, on June 239 '2 1 fanned a Summary Final Judgment of
Foreclosure against Waterways Joint Venture V, LLC with respect to the Collateral
(the "Judgment "); and
WHEREAS, on October 28, 2011, Bank executed an Assignment of Rights, a
copy of which is recorded in Official Records Book 4731, Page 2059, Public Records of
Collier County, Florida, thereby assigning to Bent Creek all of Bank's right, title, and
interest in the Judgment and the Collateral (save and except the Bank's right to receive
the LOC Refund, as defined below, from the County, which LOC Refund shall be paid to
Wells Fargo Bank, N.A.); and
WHEREAS, Calusa is the owner of a proposed residential project on the east side
of the future Woodcrest Drive opposite Bent Creek Preserve RPUD (formerly the
Summit Lakes RPUD), will be benefitted by the Project (as hereinafter defined) and
desires to participate in the funding of a portion of the Project; and
WHEREAS, the Growth Management Administrator has recommended to the
Board of County Commissioners that the conveyance set forth in this Agreement
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OR 4813 PG 3038
6/25/2013 16.A.12.
(hereinafter referred to as the "Proposed Plan") is in conformity with contemplated
improvements and additions to the County's transportation network; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the
Board finds and reaffirms that:
a. The subject Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or
proposed plans, including those from other developers, will not adversely
impact the cash flow or liquidity of the County's road impact fee trust
accounts in such a way as to frustrate or interfere with other planned or
ongoing growth- necessitated capital improvements and additions to the
County's transportatioa����,��
C. The Proposed nsistent w 'h e public interest and with the
comprehen ' n, including the most en y adopted or proposed five -
year capi im r ram r the ou y's transportation system,
the Long a e ran n P and c pl es with the requirements
of the C llie O inance; and
d. Develop sand Fi a ffondred Dollars ($2,500.00)
applicati A for this Agreemen
WITNESSE__;
NOW, THEREFORE,
coif ollars ($10.00) and other good
and valuable consideration exchan parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below. Except as expressly set forth
below, this Agreement supersedes and replaces in its entirety the 2006 Developer
Agreement, which on execution of this Agreement is terminated in its entirety and is of
no further force or effect.
2. Pursuant to the terms of the 2006 Developer Agreement, the County has
incurred or will incur Right -of -Way costs of approximately $1,105,632, as follows:
• Expended $833,632
• Projected (Warm Springs) $272,000
• Bent Creek Preserve Estimated $_0_
Total Costs $1,105,632
3. The parties agree that the County will deduct the total costs incurred
pursuant to the 2006 Developer Agreement (as set forth above in paragraph 2) from the
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OR 4813 PG 3039
6/25/2013 16.A.12.
$2,550,000.00 funds received in accordance with the terms of the Irrevocable Standby
Letter of Credit and will record on the Bent Creek Preserve Road Impact Fee Credit
Ledger an Impact Fee Credit of $1,105,632.00.
4. By its execution of the joinder attached to this Agreement, Bank stipulates
that the recitals set forth above which concern Bank are in all manner and respect
accurate and true, and that County may justifiably rely on these recitals in entering into
this Agreement. In partial consideration for such reliance, after reimbursement of the
foregoing costs to the County, Bank (as the party that paid the $2,550,000.00 to the
County under the Irrevocable Letter of Credit) will receive a refund of the excess funds
from the Irrevocable Standby Letter of Credit for a total refund in the amount of
$1,444,368.00 (one million four hundred forty-four thousand three hundred sixty- eight
dollars) (the "LOC Refund "). The LOC Refund shall be paid to Bank by the County
within forty-five (45) days after the date this Agreement is fully executed. With the
exception of the foregoing stipulat o 'tals and agreement to pay the LOC
Refund to the Bank, and as i e LOC Refund, Bank and the
County hereby mutually rel another from a and obligations of whatever
kind with respect to all m rs concerned by bot this Agreement and the 2006
Developer Agreement. xc t t pa rag h, ank is not a party to the
remainder of this A me d the r erms f this ment shall not apply to
Bank.! f%
Road an QtkhvVb e n 4—L 1 „"
(a) On execut this Agreement, thwottin �t receive full ownership of
the design plans for Wo ree Farm/Masseyi�ta mpleted to date, free and
clear of any claims or encum ��
(b) Bent Creek shall b`e'— eAa�o construct a road extending from
Immokalee Road to a point which is south of the Habitat Woodcrest RPUD entrance (the
"Road ") as shown on the drawing marked as Exhibit "B" referenced below and attached
hereto, and shall also be responsible to construct certain water and wastewater utilities
(the "Utilities "), as depicted in Exhibit "D" and referenced below, within the road for the
purpose of temporarily servicing the Bent Creek Preserve RPUD, Habitat Woodcrest
RPUD, and the neighboring Calusa Pines proposed residential development project (the
Road, Water Management, and Utilities design and construction including CEI and any
needed design services shall be referred to as the "Project "). Although Bent Creek shall
be responsible for constructing these improvements, the owner /developer of the Calusa
Pines project shall be responsible for paying to Bent Creek its share of cost for the
temporary Utility improvements only, based upon its pro -rata fair share determined based
upon the proposed number of residential units for the Bent Creek Preserve RPUD and
Calusa Pines projects. Bent Creek and the owner of the Calusa Pines project have
entered into a separate agreement confirming the construction of the Utilities and the
specific allocations of cost to each for such improvements.
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OR 4813 PG 3040
6/25/2013 16.A.12.
(c) Bent Creek shall utilize the design drawings prepared by CH2MHill, as set
forth in Exhibits "B" and "C" in order to permit and construct (i) the Road to urban
collector road standards, and (ii) shall construct a compacted lime -rock road on fill at the
cross - section elevations proposed on the Tree Farm Road/Woodcrest Drive roadway
plans prepared by CH2M -Hill from that point shown on Exhibit "C ", Section B -B and
Section C -C to the intersection of Woodcrest Drive and Acremaker Road; provided,
however, that the cost of design, permitting, environmental mitigation, clearing, grading,
acquiring fill and associated construction costs beyond that required to simply place
compacted lime -rock on the existing dirt road as depicted in Exhibit "C" Section C -C
shall be the responsibility of Collier County Public Utilities Division. Bent Creek may
construct these sections of road in phases such that if Bent Creek is ready to permit and
construct that portion of the road referenced in 5(c)(i) herein prior to the Collier County
Public Utilities Division completing its obligations referenced in 5(c)(ii), Bent Creek
shall be permitted to construct the road improvements referenced in 5(c)(i) and shall
complete the road as provided in 5 t er date when Collier County Public
Utilities has completed its ob ' ti d financing such construction.
The typical road sections f oject are set I e Exhibit "C ". In addition,
Bent Creek shall also con ru he Utilities according th roposed utility designs in
accordance with the d in s 'are Inc. an approved by the Collier
County Public Utilities ivi�i _gAt ach ,e to as xhibit� "
i1N v
(d) The Co nt, in cip to t at i s iti ep m nt may desire to make
modifications to the Ut iiik i it " unty shall have a period
of one year from the d e Collier County and of a issioners approves this
Amendment within whi design, permit i t Creek of the required
modifications to the waste r tilities. If written 'c$.o design and permit approval
is given within the one ye hen the Ut' ' I be modified in accordance
with the modified Utilities as In the event the County fails to
notify Bent Creek of any required to the utilities within this one year
period, Bent Creek may proceed with the construction of the Utilities as depicted on
Exhibit "D ", which may be utilized to satisfy the wastewater needs of the Development
and the Calusa property on a temporary basis. Notwithstanding the foregoing, the County
recognizes that Bent Creek and/or Calusa may need to construct the Utilities as depicted
in Exhibit "D ", prior to the expiration of the one year period in the event either Bent
Creek or Calusa will require the Utilities to obtain certificates of occupancy for homes
under construction prior to the time that the County advises Bent Creek and Calusa that it
will be in a position to deliver the wastewater Utilities to their respective properties. In
such event, Bent Creek shall be permitted to construct the Utilities as currently depicted
in Exhibit "D" prior to the expiration of the one year period. Bent Creek, Calusa and the
County shall communicate on a monthly basis regarding the County's progress on the
design, permitting and construction of the wastewater Utilities so that each is fully aware
of the time frame within which Bent Creek and/or Calusa may need the Utilities. Should
Bent Creek and/or Calusa proceed forward with the construction of the Utilities because
it will require the Utilities to obtain certificates of occupancy prior to the time in which
the County will be able to deliver the wastewater utilities to the properties, then upon
completion of such construction Bent Creek and the owner of the Calusa Pines project
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OR 4813 PG 3041
6/25/2013 16.A.12.
shall have met all of their cost obligations relative to the construction of the Utilities, and
the Collier County Public Utilities Division shall be responsible for all costs associated
with the modification of the Utilities noted above, if the County chooses to construct such
modifications. It is expressly understood and agreed that in the event Collier County
Public Utilities is ready to move forward with modifications to the Utilities as shown in
Exhibit "D" and has permitted same prior to Bent Creek commencing construction of the
temporary Utilities as depicted in Exhibit "D ", then Bent Creek and Calusa's fair share
cost obligations for such modified Utilities shall in no event be greater than the actual
estimated cost to construct the temporary wastewater Utilities as shown on Exhibit "D ",
as evidenced by estimates for temporary utility connections (Options 1 and 2) attached
hereto as Exhibit "G ". The actual construction of the Utilities as modified by the County
shall be the responsibility of the County, and not that of Bent Creek or Calusa. The
County shall complete the construction of the Utilities within nine months of providing
notice to Bent Creek that the County is modifying the Utilities.
(e) Bent Creek shall also ci unty the right -of -way necessary
to accommodate the urban k�c road section a t em boundary of the Bent
Creek Preserve RPUD, t 1 description and sket of hick is attached hereto as
Exhibit "E ", within nine d s r Deve pe Agreement, which ninety
day period may be ext nde� b the Man a er, or is 4esignee, for good cause
shown. In addition to rov i a n the proposed right -of -way,
developer shall provid C n a o e ' i ti le to the proposed right -of-
way, and shall do all th '^s ary c rlease(s) from the lien of
any mortgage(s), judgm ase, and / or the re val f her lien placed upon the
proposed right -of -way in ego dance with the pr pter 713, Florida Statutes,
at no cost to County. Ben _ shall cooperate wi unty in connection with the
relocation, subordination, an . ,, ease of an is encumbering the proposed
right -of -way. Bent Creek shall of the Project no later than the
earlier to occur of (a) the issuance o ding permit within the Development;
or (b) two years from Bent Creek's commencement of land development (horizontal
improvements) at the Development; or (c) one year from the date Bent Creek obtains
permits for the Project, unless delays in permitting or delays caused by the County
requiring modifications to the Utilities as provided in 5(c) above cause the
commencement of the Project to be delayed, in which event the time period to complete
construction of the Project shall be extended day - for -day for the number of days in which
the any such delays have delayed commencement of the Project. The Project
improvements described herein, water management, and the right -of -way conveyance
shall not be eligible for road impact fee credits. Bent Creek shall fully cooperate with the
County Public Utilities Division in the construction of any modified Utilities once the
County Public Utilities Division has fully designed, financed, permitted, and
environmentally mitigated the modified plans for the construction of water, wastewater
and irrigation quality water facilities within the proposed Tree Farm Road/Woodcrest
Drive project limits. In addition, Bent Creek shall connect to the Collier County
wastewater system at one point on Woodcrest Drive via one submaster pump station
design with variable frequency drives as approved by County planning and project
management staff.
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OR 4813 PG 3042
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(f) As depicted in Exhibit "B ", Bent Creek will plan for the acceptance of
storm water runoff for a two lane urban cross section as shown in Section "A -A" on
Exhibit "C" for the Woodcrest Drive right of way from Immokalee Road to Acremaker
Road into the Bent Creek Preserve RPUD as part of the Environmental Resource Permit
modification with the South Florida Water Management District and associated with the
future development of the site. The acceptance of the storm water runoff will provide for
the water quality treatment and storm water attenuation of the proposed Woodcrest Drive
roadway improvements and associated right of way from Immokalee Road south to
Acremaker Road. The Woodcrest Drive roadway and utility improvements will be
permitted by Bent Creek under separate applications to the appropriate agency with
jurisdiction and not as part of any permit applications associated within the Bent Creek
Preserve RPUD property boundary. Upon Bent Creek's request, the County will be a
joint applicant on the permit however; Bent Creek shall be responsible for all permitting
and design costs. co
6. Bent Creek s Q� olely respons 11 costs associated with the
design, permitting an d co stz ion costs for utilities soc' ted with the Project. No
impact fees shall be gran d f ft
7. Bent Cr ek e c its in the amount of
$1,105,632.00 as full c m n do f r he ri Ri ht-of -Way purchases as
described in paragraph tw f e I a f deq edger, setting forth the
amount of Impact Fee granted pursuant this gr t, is attached as Exhibit
8. The credit t Impact Fees ' ' herein shall run with the
Development and shall be redu �^ each Road Impact Fee due for
each Building Permit issued hereo pment project is either completed or
the credits are exhausted or otherwise no longer available, or have been assigned by
operation of or pursuant to an assignment agreement with County. The foregoing
reduction in the Road Impact Fees shall be calculated based on the amount of the Road
Impact Fees in effect at the time the Building Permit is issued. The credits set forth
herein shall be applied solely to Road Impact Fees, and shall not offset, diminish or
reduce any other charges, fees or other Impact Fees for which Bent Creek, its successors
and assigns are responsible in connection with the development of their lands. It is
expressly understood that the Impact Fee Credits will be utilized in the order in which the
Building Permits are reviewed by the Impact Fee Administration, irrespective of whether
Bent Creek assigns all or part of the Development.
9. On June 14, 2011, the Board adopted Ordinance No. 2011 -20, which
amended the Consolidated Impact Fee Ordinance to provide that a COA in perpetuity
will be issued upon payment of thirty -three percent of the estimated road impact fees.
The Road Impact Fee Credit in the amount of $1,105,632.00 surpasses thirty -three
percent of the estimated road impact fees based on current rates for 450 single family
detached units. Within ninety days of approval of this Agreement, County shall issue to
/01N Bent Creek a Certificate of Adequate Public Facilities ( "Certificate ") vesting the
Packet Page -531-
OR 4813 PG 3043
6/25/2013 16.A.12.
Development to construct 450 single family dwelling units for the purposes of meeting
the County's Transportation Concurrency requirements. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in
effect at the time of the submittal of the building permits and shall be paid in full prior to
issuance of each building permit.
10. In the event that upon build -out of the Development the Road Impact Fee
Credits are still unspent, the remaining balance of such estimated fees may, at Bent
Creek's election (1) be transferred to another approved project within the same, or
adjacent transportation impact fee district, provided any vested entitlements associated
with the unspent and transferred impact fee credits are relinquished and the Certificate is
modified to delete those entitlements, or (2) be promptly returned to Bent Creek. Such
reimbursement shall be made over a period of five years from the date of completion of
the development as determined by the County, subject to annual appropriation by the
County.
11. Bent Creek, t ole cost and e o permit and contract, may
excavate additional mate . 1 in the County's roadw dr nage pond adjacent to the
Bent Creek Preserve D B gi -reek- at i ole co t \ expense to permit and
contract, may fill the C un o dw r 'na a and wi hin he Bent Creek Preserve
RPUD as long as drain ge a e tly s routed to this drainage
pond is accommodate e 'tt i e e reek Preserve storm water
management system.
12. The Proje 11 be submitted k nevi ermitting and inspection
through the Collier Coun� 'neering Services afnt and the Collier County
Transportation Right -Of-Wa ent. All pe cations will be filed on behalf
of the County. Final acceptan ce a�f >i the typical County acceptance
process for public roads.
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act.
I4. The burdens of this Agreement shall be binding upon, and the benefits of
this Agreement shall inure to, all successors in interest to the parties to this Agreement.
Upon giving written notice to the County, Bent Creek may assign all or part of the Road
Impact Fee Credits, utilizing the County's then current form of assignment, to successor
owners of all of part of the Development, or as otherwise provided for in the Collier
County Consolidated Impact Fee Ordinance.
15. Bent Creek acknowledges that the failure of this Agreement to address
any permit, condition, tern or restriction shall not relieve either the applicant or owner,
or its successors or assigns, of the necessity of complying with any law, ordinance, rule
or regulation governing said permitting requirements, conditions, terms or restrictions.
16. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties'
Packet Page -532-
OR 4813 PG 3044
6/25/2013 16.A.12.
compliance with the terms of this Agreement, then in such event this Agreement shall be
modified or revoked as is necessary to comply with such laws, in a manner which best
reflects the intent of this Agreement.
17. Except as otherwise provided herein, this Agreement shall only be
amended by mutual written consent of the parties hereto or by their successors in interest.
All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County
Attn: Nick Casalanguida
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239) 252-6064
C�
Fac
�ZER
To Bent Creek Preserve, . LLC:
Attn: Robert Stiegele and Jeff Kronengold
825 Coral Ridge Drive
P rrings, FL 33071
ho ne.a' 4) 344 -8040
Facsimile.' (9 %esolf 44 -4176
To C lusa Pi Club LLC:
ikA2i
Aso err ri ve. # 1750
422 -5466
422-0363
Notice shall be deemed to have been given on the next successive business day to
the date of the courier waybill if sent by nationally recognized overnight delivery service.
18. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida, within fourteen (14) days after the County enters into this
Agreement. Bent Creek shall pay all costs of recording this Agreement. The County
shall provide a copy of the recorded document to the other parties, upon request.
19. In the event of a dispute under this Agreement, the parties shall first use
the County's then - current Alternative Dispute Resolution Procedure. Following the
conclusion of this procedure, either party may file an action for injunctive relief in the
Circuit Court of Collier County to enforce the terms of this Agreement, said remedy
being cumulative with any and all other remedies available to the parties for the
enforcement of this Agreement.
20. Any future reimbursement for excess credits shall come from future
receipts by the County of Road Impact Fees. However, no reimbursement shall be paid
9
Packet Page -533-
OR 4813 PG 3045
6/25/2013 16.A.12.
until such time as all development, as defined by the County Manager or his designee, at
the location that was subject to the credit has been completed. Such reimbursement shall
be made over a period of five (5) years from the completion of the Development.
21. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been demonstrated good
faith compliance with the terms of this Agreement and to report the credit applied toward
payment of road impact fees and the balance of available unused credit. If the Collier
County Board of Commissioners finds, on the basis of substantial competent evidence,
that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or unilaterally modified by the County.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNAT FOLLOW
10
Packet Page -534-
OR 4813 PG 3046 6/25/2013 16.A.12.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest:
DWIGHT'E, BROOK, Clerk
By.-� r� •°
�•���t;�, "e' ut Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: `7' ` W. C-o-'..,
FRED COYLE, Chairman Q
AS TO BENT CREEK: BENT CREEK PRESERVE, LLC, f/k/a
--CENTERLINE HOMES ENTERPRISES
a rida limited liability
0 co r?`c
Signed, sealed and deli v d B —
in the nresen f Name: tt;L
ku)v
Printed Name 4�
Signature 7' cl
Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day of
5 \U tq e 2012, by Qoler4 q+k4p -'r_ , as U:cc itr.,it,.k' of Bent Creek
Preserve, LLC, Fkla�enterline Homes Enterprises Three, LLC, a Florida limited liability
company, who Cis personally kno to me or has produced
as identifi cation. n
L DIANE JORDAN Notary Public
MY COMMISSION # DD957895 My Commission Expires:
EXPIRES February 02, 2014
�� ( <07)393 -0753 FtoridaYotaryServmwm
11
Packet Page -535-
OR 4813 PG 3047
AS TO CALUSA:
Signed, sealed and delivered
in the pre ence of.L,, f n/
Signa ure
/C.f471-11114z- t/i4�tJJ'
Printed Name
igna
�2�tl
re
=::7n r— �7 v , v1
Printed Name
STATE OF PLORIMV
COUNTY OF C
The, foregoing inst
Golf Club, L.L.C., a Fk5oW'
or has produced
official Saw
Maria E Vakos
Notary PubW Snla of Minas
my Commtas!oti
6/25/2013 16.A.12.
CALUSA PINES GOLF CLUB, L.L.C., a
Florid imited liability company
Name: . ✓ r Gas. .
Title:
co(j.
?xtG
liability
" J E
12
r v
I re n{ne this �� day of
as f Calusa Pines
lanv w lsfnersonally known to me
Packet Page -536-
-
fission Expires:
OR 4813 PG 3048
/01
6/25/2013 16.A.12.
JOINDER OF BANK
WELLS FARGO BANK, N.A. ( "Bank") hereby joins in the foregoing Agreement for the
sole purpose of agreeing to the stipulations, provisions, and mutual releases set forth in
paragraph 4 thereof.
AS TO BANK: WELLS FA NK, N.A.
Signed, sealed and delivered By:
�2t`^tc�reClf'Ic y� Name: in �tiZtKEtZ
✓I /l/ Title: d�CC- ?�EStDL'hs a
Signature
e-
1i
P'Fidted Name
f)
STATE OF FLORIDA
COUNTY OF BROWA
Th foregoing instrument V'
2012, by
B k, N.A., who is persc
cknowledgc d' 1 me this 13f day of
Vice P esident of Wells Fargo
o me ✓ or has produced
as laennncauun.
Notary Public
My Commission Expires:
13
Packet Page -537-
"...,.
�`;N.*• t tRINA SHKOLNIK
Notary Public . State of Florida
y� My Comm. Expires Dee 20.2013
- ,,�„�d;•• Commission i DD 945201
OR 4813 PG 3049
LIST OF EXHIBITS ATTACHED TO AGREEMENT
Exhibit "A" Master Plan
Exhibit `B" Scope of Project
Exhibit "C" Typical Road Sections
Exhibit "D" Utilities
Exhibit "E" Legal Description & Sketch of ROW Conveyance
Exhibit "F"
Exhibit "G"
14
Packet Page -538-
6/25/2013 16.A.12.
ns (Options 1 and 2)
OR 4813 PG 3050
EXHIBIT A
MASTER PLAN
2
Bent Creek Preserve PL- 2011 -1497
030008.05.01
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OR 4813 PG 3051
6/25/2013 16.A.12.
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OR 4813 PG 3054
N
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® PROPOSED RIGHT
OR OFFICIAL RECORD
EYC�\01J1�- E-
YATERwAYS JOINT VENTJRE V
TAX PARCEL 1.0 26 -45 -26
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LEGAL DESCRIPTION FOR PARCEL 10 �Hi
A TRACT OR PARCEL OF LAND SITUATED IN TH AOB f�LO OF COWER, LYING IN SECTION 26,
TOWNSHIP 48 SOUTH. RANGE 26 EAST, AND BEING Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COWER
COUNTY, FLORIDA;
THENCE S.0718'34'E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF
THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COWER COUNTY.
FLORIDA;
THENCE S.89'59'40'W. ALONG THE SOUTH LINE OF SAID PARCEL. FOR 35.03 FEET;
THENCE N.0718'34W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID
SECTION 26, FOR 667.31 FEET;
THENCE N.0719'44W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST UNE, FOR 1.339.53
FEET TO A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3406, PAGE 2611, OF
SAID PUBLIC RECORDS;
THENCE S.89'59'07'E. ALONG SAID NORTH UNE. FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26;
THENCE S,02'1 9'44'E. ALONG SAID EAST UNE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE N.8759'21'W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE
PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS;
THENCE S.0719'44'E. ALONG THE EAST LINE OF SAID PARCEL, FOR 267.80 FEET TO THE SOUTHEAST CORNER OF SAID
PARCEL AND A POINT ON THE NORTH LINE OF THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF
SAID PUBLIC RECORDS;
THENCE S.89'58'28'E. ALONG SAID NORTH UNE, FOR 30.03 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL
CONTAINING 62.205 SQUARE FEET OR 1.43 ACRES. MORE OR LESS.
0 150 300
600 er:
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SKETCH k DESCRIPTION ONLY
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NOT A BOUNDARY SURVEY Sce1s 1' -306'
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FOP,: COWER COUNTY CO`CcRNMENT BOARD OF COUNTY COMMINSSIONERS
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PARCEL 109
6610 wan. Part D— s— 200
P.M.. F— 91109
COLLIER COTJLTTY, FLORIDA
Plan 1299159741575 FAX 12]91551-0676
L6 NO' 6952
J09 NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHCET
030008 .00.06 0007 26 48S 2EE 1' = 300 05 10 07 PIN SK 109 1 of 1
Packet Page -543-
OR 4813 PG 3055
6/25/2013 16.A.12.
EXHIBIT F
DEVELOPER AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
Impact fee ledger I Beginning Balancel $1,105,632.00
DATE
PERMIT #
CREDIT AMT
BALANCE
COMMENTS
Beginning Balance
$1,105,632.00
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1
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Packet Page -544-
OR 4813 PG 3056
6/25/2013 16.A.12.
Vv TA I N C.
Planning
V icveli�atirxt
C 0 N S L? LT 1 N G Civil En.ineerin.-
AL t T Vl 1 Surveying fi Mapping
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
1;nrr'^Ma1n
OPTION #1 Force Main
M O.T.
Staked Silt Fence
Floating Turbidity Barrier
Misc. Clearing & Removal
F.M Hot Tap (I 6 "x6 ") & Tie-in
6" Directional Drill under Immokalee & Canal, 50
6' HDPE Carrier Pipe
Connecdon from HDPE to PVC
lastall 6" PVC FM, (1275' Woodaest Drive, 63
6' Plug Valves, F.M.
A_F- V, for F. M
Fine Grading Area for Sod
Sodding, Bahia
Landscape Allowance
-- LS 1 aa,wu.w a.,w,..�..
g� t I 53.500.00 $3,500.00
c ,.-�
(�f , 1,913 $1.25 52,391.25
} T 1 100 518.50 51,850.00
LS 1 $2,000.00 $2,000.00
EA S3,500.00 53,500.00
fro 2 Fp�to bg LF 300 5150.00 545,000.00
300 0.00 56,600.00
2 5500.00 51,000.00
alon V13 $15.00 528,695.00
$1,500.00 56,000.00
0 EA S1,5D0.00 53,000.00
Sy � 50.50 51,250.00
y
'. Sy $1.50 $3,750.00
$7,500.00 S7.500.D0
Ott ub �� r 5120,03615
` l 5132,039.88
Asaumrtions
1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc.
2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary.
0:120031030008.05.03 Bent Creek - Utility Coordination10001 Offsite Utility Connection Options12012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.)ds 1 of 2
Packet Page -545-
* ** OR 4813 PG 3057 * **
"DAVAf lsnning
Vistralizaticxt
C O N S Il I_.T 11\ C Civil Fngirtecring
Z t T T A. i Sun -eying A !!lr& pros
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
Forcemain
OPTION 92 Force Main
Mobilization
M.O.T.
Staked Silt Fence
Floating Turbdity Barrier
Misc. Clearing 8 Removals
F.M. Hot Tap (16 "x6")
6'Directional Drill under Immokalee & Canal, 50
6" HDPE Carrier Pipe
Connection from HDPE to PVC f
Install 6" PVC FM (1275' WoodcRSt Dr., 6001 tl
Trail)
6" Plug Valves
A_R_ V, for F.M.
Fine Grading for Sod
Sodding, Bahia
Landscape Allowance
6/25/2013 16.A.12.
v ` I 53,000.00 53,000.00
L .�h970 51.25 $2,462.50
LF IN SI8.50 51,850.00
LS I 53,300.00 $3,300.00
LS 1 53,500.00 53,500.00
xr to 2 De to 1300 $150.00 $35,000.00
800 522.00 56,600.00
2 ! 5500.00 51,000.00
tto kal d., 051-11, 1 70 $15.00 529,550.00
LF / $1,500.00 56,000.00
fEA / $1 ,500.00 $3,000.00
.�+� so.50 51,300.00
51.50 53,900.00
LS k. 1 $3,000.00 $3,000.00
Sub -Total FM Option #2 5117,46250
Witb 10% Contingency 5129,208.75
Assumptions
1. Assumes each option is standalone, therefore each option has Mobilization. MOT etc. Cost savings when my options will be combined
2. Assumes 6' FM, preliminary design has not been completed therefore this size could vary.
0:12003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options12012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xls 2 of 2
Packet Page -546-
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CONDITIONS OF PERMIT 6/25/2013 16.A.12.
1. This permit must be kept on the work site and be available upon request or prominently displayed.
�\ Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those
public rights -of -way or easements, which are maintained by Collier County, but lie within municipal boundaries.
3. When permitted facilities are placed within a public right -of -way or easement, the installation is for permissive use only and placing of facilities shall not operate to
create or vest any property right in the associated right -of -way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of
such facilities until they are removed, unless otherwise specified.
4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Division.
5. Requests for pre - inspections shall be made 72 hours prior to commencing work requiring inspection.
6. No lane closures will be permitted between the hours of 7:00 — 9:00 A. M. and 3:30 — 6:30 P.M.
7. Prior to construction, the Contractor /Pernittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or activity that may
affect traffic on any County street, roadway or bikepath/sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the
International Municipal Signal Association (IMSA) K affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road
Maintenance Department. The driveway fill and driveway culvert including soil erosion /sedimentation control measures must be installed prior to the start of any
earth moving construction activity with drainage plans, culvert size, soil erosion/sedimentation controls, elevation offset, and ditch slope designed and certified by a
licensed engineer for all commercial projects.
8. During construction the Contractor / Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices" and with all other governing safety regulations and
shall maintain the approved site drainage plan and soil erosion /sedimentation control plan.
9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work
authorized and performed under this permit.
10. All crossings of existing pavement shall be made, by jacking and boring at a minimum depth of thirty -six inches (36 "), unless otherwise authorized by the Growth
Management Division for good cause shown.
11. All overhead installations must meet a minimum four foot separation to communication lines (both vertically and horizontally), minimum seven foot separation to
guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and /or exceed all other OSHA
requirements as may be determined by OSHA clearance requirements and /or formulas relevant to overhead lines clearances and /or separations requirements
(both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty -six inches (36 ") below the pavement and /or a
minimum depth of twenty -four inches (24 ") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum
thirty-six (36 ") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30 ") cover. Exception may be made by authority of the
Growth Management Division for good cause shown.
Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of
this permit.
13. Following completion of all permitted work, grassing and /or seeding shall be required for any disturbed rights -of -way.
14. All property disturbed by work authorized by this permit must be restored to better than, or equal to, its original condition, and to the satisfaction of the County.
15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right- of-way or easement
and when so notified by the County, any or all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances
authorized shall be removed from said right -of -way or easement, or reset or relocated thereon as required, to be installed by this Permit, and at the expense of the
permittee, his successor, or assign.
16. When the permittee, or his successor, or assign is noted of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right -
of -way or easement and no action is taken by the responsible party within the time frame specified by the County, the County shall cause the permitted work to be
altered, relocated, or removed, with the total expense being bome solely by the permittee or the responsible party.
17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is
expected to take, and the approximate date of completion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the
specific instance for a longer or shorter period. If the work has not been completed by the expiration date, there will be a renewal fee, set by Resolution, payable
upon extending the expiration date for an additional ninety (90) days.
18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or
subcontractor.
19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239 - 252 -8192 and
the ROW Permit Section at 239 - 252 -5767, three working days prior to construction.
20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, 2885 Horseshoe Drive
South, Naples, FL 34104) or email (TrafficOos(a)collieroov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground
work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights -of -way within Collier County and 12 hours
prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in
writing. All underground facilities must be located prior to construction.
21. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notif ied by mailing or delivering a request
for a final inspection to the ROW Permitting Section, 2885 South Horseshoe Drive, Naples, FL 34104, or by phone, 239 - 252 -5767, upon completion of authorized
work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As -Built Electronic
Drawings (APPENDIX B) in addition to signed and sealed copies of the as -built survey.
Packet Page -553-