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Agenda 09/24/2013 Item #16A10 9/24/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to approve the standard form Construction and Maintenance Agreement and the amount of the security for road and utility improvements required by the Bent Creek Preserve Developer Contribution Agreement. OBJECTIVE: To have the Board of County Commissioners (Board) approve the Construction, and Maintenance Agreement. CONSIDERATIONS: The Transportation Engineering and Construction Management Department has completed the review of the construction drawings and specifications for roadway and utility improvements on Woodcrest Drive from Immokalee Road to a point which is south of the Habitat Woodcrest PUD entrance in accordance with the Bent Creek Developer Contribution Agreement recorded at Official Records Book 4813, Page 3036 in the Public Records of Collier County. These improvements shall be completed within public right-of-way in accordance with Collier County Permit #CNST-PL20130000344. All applicable permit review fees have been paid. Security in the amount 110% of the estimated costs of the required improvements, together with a Construction and Maintenance Agreement for the improvements, has been provided and accepted by the County Manager or his designee and the County Attorney's office. The project cost is $900,159.20 (estimated) to be borne by the developer. The Security amount, equal to 110% of the project cost, is $990,175.12. The Transportation Engineering and Construction Management Department recommends that the Construction and Maintenance Agreement be approved. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval.-ERP RECOMMENDATION: To have the Board of County Commissioners endorse staff's recommendation to approve the Construction and Maintenance Agreement with the following stipulations: 1. Approve the amount of$990,175.12 as the performance bond for the required improvements. 2. Approve the Construction and Maintenance Agreement. Prepared by: Reed Jarvi, Transportation Planning Manager, Engineering Services, Growth Management Division, Planning and Regulation Packet Page-1301- 9/24/2013 16.A.10. Attachments: 1) Construction and Maintenance Agreement; 2)Performance Bond; 3)Developer Contribution Agreement • Packet Page-1302- 9/24/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to approve the standard form Construction and Maintenance Agreement and the amount of the security for road and utility improvements required by the Bent Creek Preserve Developer Contribution Agreement. Meeting Date: 9/24/2013 Prepared By Name: BeardLaurie Title: Planner,Transportation Planning 8/29/2013 8:21:58 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 9/3/2013 10:19:59 AM Name: JarviReed Title:Transportation Planning Manager, GMD Date: 9/3/2013 10:50:11 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 9/11/2013 8:15:30 AM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 9/11/2013 11:07:40 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/11/2013 3:40:29 PM Name: KlatzkowJeff Title: County Attorney Date: 9/11/2013 3:57:03 PM Packet Page-1303- 9/24/2013 16.A.1O. Name: OchsLeo Title: County Manager Date: 9/12/2013 11:24:27 AM Packet Page-1304- 9/24/2013 16.A.10. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT-OF-WAY THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY RIGHT-OF-WAY entered into this day of , 2013 between Standard Pacific of Florida GP, Inc., as successor in interest to Bent Creek Preserve LLC, fka Centerline Homes Enterprises Three LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: 1) Developer is required to construct Woodcrest Drive from Immokalee Road to a point which is south of the Habitat Woodcrest RPUD entrance in accordance with the Bent Creek Preserve Developer Contribution Agreement ("DCA") recorded at Official Records Book 4813, Page 3036 in the Public Records of Collier County. 2) The required improvements shall be constructed in accordance with the plans and specifications as approved by Collier County Permit#CNST-PL20130000344. 3) Stipulation 5 of Collier County Permit # CNST-PL20130000344 (as shown below) requires the Developer to post a surety bond for 110% of the cost of the project for the construction of the improvements, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW,THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed said improvements hereinafter referred to as the required improvements in accordance with the schedule in the approved DCA. 2. Developer herewith tenders its performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$990,175.12 -which amount represents 10%of the total contract cost to complete the construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the DCA, the Board may call upon the performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until such 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 CNST-PL20130000344 Permit. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they Packet Page-1305- 9/24/2013 16.A.1O. are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required Improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated,the developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the approved plans and specific terms of the permit as reflected by final approval by the Board,the Board shall release the remaining 10%of the performance security.The Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the performance security on the basis of work complete. Each request for a reduction in the dollar amount of the performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee.The County Manager or his designee may grant the request for a reduction in the amount of the performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein.The Developer, as principal under the performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of 2013. Packet Page-1306- 9/24/2013 16.A.10. Standard Pacific of Florida,GP,Inc. AP-11 Printed Name 11.��,3{z# Witness 1 Printed Name/Title p� ROre,(President,VP,or CEO) i"�)f/J (Provide Proper Evidence of Authority) Witness 2 Printed Name Acknowledgement STATE OF COUNTY OF rd The ore oin instrument was acknowledged before me this `� day of .,Iz��-i,�`( ,2013,by C c . i.ktk,de.V.- (Name)as ti P (Title)of &ic-,cdc..A PC4 rr1 t. (Name of Company)who Is personally know to me,or has produced as Identification. rah , �'"-`-1 SIVAN SHACHAR c.3 kl/An Nf tc Notary Publi �,; .F. � (itX( (:! j 1 MYCOMMwsiO State of ` .�� ' 9me (Seal) v*o,,,; EXPIRES AIx9 TO,2017 wE25.016S PIarldaNU IySmiu.com ATTEST: DWIGHT E.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: By: Deputy Clerk Georgia A.Hiller,Esq,Chairwoman Approved as to form and legality: Assistant County Attorney egsQ C1131c5 Packet Page-1307- 9/24/2013 16.A.10. PERFORMANCE BOND BOND NO. 929575176 KNOW ALL PERSONS BY THESE PRESENTS:that Standard Pacific of Florida GP, Inc., a Delaware corporation, as successor in interest to Bent Creek Preserve LLC, fka Centerline Homes Enterprises Three LLC (Name of Owner) 825 Coral Ridge Drive (Address of Owner) Coral Springs,FL 33071 (Address of Owner) (Hereinafter referred to as"Owner") and The Continental Insurance Company (Name of Surety) 4150 Drinkwater Blvd., Suite 410 (Address of Surety) Phoenix, AZ 85251 (Address of Surety) 480-941-3292 (Telephone Number) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Nine Hundred Ninety Thousand One Hundred Seventy Five and 12/100 Dollars ($990,175.12) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board construction of Woodcrest Drive from Immokalee Road to a point which is south of the Habitat Woodcrest RPUD entrance in accordance with the Bent Creek Preserve Developer Contribution Agreement recorded at Official Records Book 4813, Page 3036 in the Public Records of Collier County. And that certain improvements shall include specific improvements which are required by Collier County Permit # CNST-PL20130000344. This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the construction maintenance agreement dated between Owner and County. (hereinafter the "Guaranty Period") NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the construction maintenance agreement dated _ between Owner and County during the guaranty period established by the County, and t he 0 wner shall satisfy al I claims a nd d emands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void,otherwise to remain in full force and effect. Packet Page -1308- 9/24/2013 16.A.10. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration,addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration,addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 9th day of August ,2013. WITNESSES: Standard Pacific of Florida GP,Inc.,a Delaware corporation 1) By: ,! Printed Na a �� r Printed Name/Title ) u e (AND 2) (Provide Proper Evidence of Authority) —Prmte Name ACKNOWLEDGEMENT STATE OF COUNTY OF (zt THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ✓` 2013, by �IC�'tc 1 �, (NAME OF ACKNOWLEDGER) AS ' . ., TITLE) OF .2"\ ti) C ? C. (NAME OF COMPANY) WHO IS (`PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of `� ;CCr� (SEAL) .,_.. <i � �` ) to"a'v'rgOr SIVAN SHACHAR 1 r �- 1W ) �� V i f ?' MY COMMISSION�,FI-007020 tit" � �r�i.v a,�y,�Fyt t', EXPIRES April 10.2017 (407)OOII.01G3 FlorldallotaryServica,com Printed Name Packet Page-1309- 9/24/2013 16.A.10. SURETY IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 9th day of August , 2013. WITNESSES: The Continental Insurance Company 11 1 k I B litifititik Yttt B.Aleman Tracy Aston, Attorney-in-Fact ft/( j r ((t j 2) (Provide Proper Evidence of Authority) Daravy Mady ACKNOWLEDGEMENT (See Attached Notary Acknowledgement) STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2013, by (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of (SEAL) Printed Name Packet Page -1310- 9/24/2013 16.A.10. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT :. State of California County of Los Angeles On AUG - 9 2013 before me, Edward C. Spector, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a subscribed to the within instrument and acknowledged to me that he/she/thy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Edward C. Spector i p Cti 'lc lcrm. Packet Page -1311- POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FA( 9/24/2013 16.A.10. Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Tracy Aston,Marina Tapia,Tom Branigan,Edward C Spector,Kristine Mendez,Daravy Mady,Lisa K Crail,Simone Gerhard,B Aleman,Individually of Los Angeles,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 29th day of January,2013. The Continental Insurance Company .4% 4rria r_ ''•• •"'•• Paul Bru lat Vice President State of South Dakota,County of Minnehaha,ss: On this 29th day of January,2013,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. t IAJ.MOHR NOTARY PUBLIC 7?9■4CLIIA'} SOUTH DAKOTA MA. My Commission Expires June 23,2015 J.Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of 4 6 - g 2013 The Continental Insurance Company 9,f,•. 'Z a` ,va • yy0: • �� - ;rw�a4 ••••••�•�''� D.Bult Assistant Secretary Form F6850-4/2012 Packet Page-1312- 9/24/2013 16.A.10. Authorizing Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Packet Page-1313- 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 9/24/2013 16.A.10. REC $188.50 INDx $3.00 DEVELOPER CONTRIBUTION AGREEMENT BENT CREEK PRESERVE (Successor to Developer Contribution Agreement dated December 13,2006) THIS DEVELOPER CONTRIBUTIQN AGREEMENT(hereinafter referred to as the "Agreement" ) is entered into this alo ay 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, Waterw ,sa_ t"Venture V--a, partnership, was the owner of approximately 138.3 acres/ONand in unincorporated Tier ounty, Florida, located on the south side of Immokalee}�to - 46),-an I. pproximate one half mile east of the intersection of Collier IBodlevard -954), and is aa'ace\t to Woodcrest Drive (hereinafter referred to as e�" e o me t" a elo.ment is intended to be constructed on Tracts an . depi to to i,- C Peek Preserve Master RPUD Plan,attached hereto as `-'' .' hi ...pen•. 1..•1. .' al by the Collier County Board of Commissioner 0 ® 1_ I ‘11, 0 WHEREAS,Water's oint Venture V county have previously entered into that certain Developer 00,0 1,,. ion Agreeme t Lakes dated December 13, 2006 and recorded in Official Recor3t, o•l - 816, Public Records of Collier County,Florida(the"2006 Develop`er 2 •FAT.''" ,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. Alotot Packet Page -1314- OR 4813 PG 3037 9/24/2013 16.A.10. 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--s -( merger) to Wachovia Bank, N.A (the"Bank") in the amount o St51) iIt P. one-half(1/2) of the County's estimated Road Impact Fees WHEREAS, Wattrwa s'�,pjr Venture—V iled toeme4 its obligations under the Developer Contribution! Aq'iee njs{tt. 'ion—September 9 4016'a the County called the Irrevocable Standby Letter f re• °` ,1 i t \ WHEREAS, onJ =fir y • e k + 41 'ified Complaint in the Circuit Court of Collier` ounty naming Waterws Joint Venture V, LLC (as successor by conversion to Waterw'aykjoint Venture V)as` ;+efendam,and requesting the Court to enter a judgment of forecl. e. ith respect to the 'tra.,.ff,r►-st priority mortgage on the real and personal property co 0, : he Develo.. errt' the"Collateral");and C WHEREAS, on June 23, 261`4-11arak=obtained 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 2 Packet Page-1315- OR 4813 PG 3038 9/24/2013 16.A.10. oftc (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 transportatioon.syst �✓ A"N. c. The Proposedf,P )S onsistent w b+o h'tlhe public interest and with the comprehensive. n, including the most re ently adopted or proposed five- year capita imp'r7 rm programrfor the'County's transportation system, the Long/Rame triapertation flax and complies with the requirements of the Collier aunt y { �e: Ordinance;and d. Developet'h ,pmt sand Fie Bred Dollars ($2,500.00) applicatiorfee for this Agreement% 4-- WITNESSE`1�F : ' RE Co ratien TeJ ,f ollars ($10.00) and other good NOW, THEREFORE, ►n,\ , �, �-' . and valuable consideration exchange aMomg . '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 3 Packet Page-1316- OR 4813 PG 3039 9/24/2013 16.A.1O. $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 $1,444,368.00 (one million four hundred forty-four thousand three hundred sixty- eight dollars) (the "LOC Refund"). The LOC Refund shall be paid to Bank by the County within forty-five (45) days after the date this Agreement is fully executed. With the exception of the foregoing stipulation.12 -'recitals and agreement to pay the LOC Refund to the Bank, and as pit, ii3M—:4. e LOC Refund, Bank and the County hereby mutually relensc9• another from at1�c a o_ and obligations of whatever kind with respect to all m$tteis concerned by bot�h`\this Agreement and the 2006 Developer Agreement. Except a orttlh-in-tkis-`paragraph,-Bank is not a party to the remainder of this Agreement and the bth i terms of this 1gr4ment shall not apply to Bank. ` E °4 VY\ L 5. Road an I�t p � ,-��• • (a) On execut` this Agreement,tltr` ointyjil receive full ownership of the design plans for Woos •s ree Farm/Massey Ito k.as ompleted to date, free and clear of any claims or encum. :• 1E (b) Bent Creek shall be� 'res$ Ie`'to 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. 4 Packet Page-1317- OR 4813 PG 3040 9/24/2013 16.A.10. (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 shalt be permitted to construct the road improvements referenced in 5(c)(i) and shall complete the road as provided in)(c • er date when Collier County Public Utilities has completed its ob ' traps • ■. ir'K .,,'"and l financing such construction. The typical road sections f ,.t roject are set • 10Iie Exhibit "C". In addition, Bent Creek shall also constru f�'the Utilities according th�\proposed utility designs in accordance with the drawings p, gpared-by—RWA, Inc. and\,approved by the Collier County Public Utilities Divisioa h d-hereto as Exhibit"D".\ (d) The Coin ( nt(ciptiS iti . ep�rtm�nt may desire to make modifications to the Utah' • eepi -• •°'A it"1 . fll ?unty shall have a period of one year from the datte•,the Collier County �•�ard}of Commissioners approves this Amendment within which \design, permit al*;nooi f ent Creek of the required modifications to the waste er'�ttillities. If written i'r ce_o design and permit approval is given within the one yea e ��theen the Ut 'tie ,h11l be modified in accordance with the modified Utilities as preparey th n':'"In the event the County fails to notify Bent Creek of any required ' g'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 5 Packet Page -1318- OR 4813 PG 3041 9/24/2013 16.A.10. 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 c. ► hr •tip •unty the right-of-way necessary to accommodate the urban 4 dQ• road section a ••_' eastern boundary of the Bent Creek Preserve RPUD, the I description and sketch,of hich is attached hereto as Exhibit"E", within nine d. s r6val-ef..lyi5Develppe Agreement, which ninety day period may be extende f1 b the Ziputiry,Mana ear,.,or`his esignee, for good cause shown. In addition to rovrri g $• a N-i".%n, dee, \ th proposed right-of-way, developer shall provid C n4 an a• • e '. i,. i e 1 0j ti le tp the proposed right-of- ...0 . t e lien of :. -cl leases from h way,and shall do all th ary ! lease(s) any mortgage(s),judgme \ease, and/or the re��'val f any,,, her lien placed upon the proposed right-of-way in"a�odance with the prof ti''ions pf` iapter 713,Florida Statutes, at no cost to County. Ben `F red shall cooperate wit`h'3 k1 unty in connection with the relocation, subordination, an r, - ease of an encumbering the proposed right-of-way. Bent Creek shall .III. n of the Project no later than the earlier to occur of(a) the issuance o OT - 'ri` lding 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. 6 Packet Page -1319- OR 4813 PG 3042 9/24/2013 16.A.10. • (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. ���� 7 6. Bent Creek ska1 bsolely responsrhleifor�all costs associated with the design, permitting and corstN:ron costs for utilitiess-ociated with the Project. No impact fees shall be granted fp f tlie -sestsv, .- - , 7. Bent Creek s, 11sece ve`11t6r n�p�act ee credits in the amount of $1,105,632.00 as full cpi mp nsatio the) .� fit.t Right-of-Way purchases as described in paragraph Itwo &� ,f �'e Impact 1 hedger, setting forth the amount of Impact Fee C re3its granted pursuant`t �this`Agree nt, is attached as Exhibit «F„ i rr /-°�- 8. The credit fo p Impact Fees) T4 herein shall run with the Development and shall be reduce byl nit_ t each Road Impact Fee due for each Building Permit issued thereon—tin _ he Ilevelopment 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 Bent Creek a Certificate of Adequate Public Facilities ("Certificate") vesting the 7 Packet Page-1320- OR 4813 PG 3043 9/24/2013 16.A.10. 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. /A.6 w 6� 0/ `i- 11. Bent Creek, -i r,-sole cost and es , o permit and contract, may excavate additional mate al fm the County's roadway, drainage pond adjacent to the Bent Creek Preserve R D/'BigL.Creek,—at--itirsole cost and expense to permit and contract, may fill the County's roadw -di•2vnane pod within the Bent Creek Preserve RPUD as long as drainage , 1. ni a eei12�3 d t tly is routed to this drainage pond is accommodate pe 'tt� i e e reek Preserve storm water management system. t ,` 1 12. The Pro e\tt y }` revie permitting and inspection j ' hall be submitted , through the Collier Coun 1En-'veering Services pa ent and the Collier County Transportation Right-Of-Wa L„',: ent. All pe. 4hcations will be filed on behalf of the County. Final acceptance-shai i;Vcon tzitfi 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. 14. 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, term 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' 8 Packet Page -1321- OR 4813 PG 3044 9/24/2013 16.A.10. 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: To Bent Creek Preserve,LLC: Attn:Nick Casalanguida Attn: Robert Stiegele and Jeff Kronengold 2800 N.Horseshoe Drive 825 Coral Ridge Drive Naples,Florida 34104 . - o alS,prings,FL 33071 Phone:(239)252-6064 ,/,',--y / Phone {954)344-8040 / Facsimile:(954)344-4176 7 /7 r ' ~ '._..f-To Calusa \Pines Golf Club, LLC: ( cELive,#1750 "` L 606'06 -,� Chago, \', \ moo_ ; f . ' Phone: ,"(3 422-5466 Op Fac it n e°(3'1'2)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-1322- OR 4813 PG 3045 9/24/2013 16.A.10. 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 � �OLLOW ��� z C,43, --- 4.1-it's \ `\, \ I (Lori t v 1 (..L \‘‘,'-> l , /::-..), e . r ri , 10 Packet Page-1323- OR 4813 PG 3046 9/24/2013 16.A.10. 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: _ BOARD OF COUNTY COMMISSIONERS DWIGHT'E.BRCICK,Clerk COLLIER COUNTY, FLORIDA By: . - /'' By `�t1--t ct W• �`,-A ` " ' • De• •Clerk FRED COYLE, Chairman (3 PLUM tt-•to•ai ie - gliaiature VIiY - AS TO BENT CREEK: BENT CREEK PRESERVE, LLC, f/k/a __..___.CENTERLINE HOMES ENTERPRISES s , '. t a l.rida limited liability !. /`� co"Mp' " r)'� ' ,/€O // 1/ Signed,sealed and deliv, ed -' B in the p •/s-n, / ` '` .Name:\ ,Q,pt el-'r & C'"%dsele�' . Plir ire ( � ( ( F i,IK sa �j bar, rvcO m _� , Printed Name -°��{"' 1 ' r _,., ../.;:pee Z.-- -f----Signature 1.,4 :"----- ,�'"411— t � f� 5�,d Er./.1 Printed Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this /a day of --- la tot e 2012, by •ol 6.S4: OR 4813 PG 3047 9/24/2013 16.A.10. AS TO CALUSA: CALUSA PINES GOLF CLUB, L.L.C.,a Florid imited liability company sealed and delivered By: ,, e in the pre ence of: Name: --.5'— -C7 Title: r t k e.. .&' - ('1c — Signature /C.ff4--"--14– 047K-(7_1" Printed Name y igna re L-'Z 1 6 Printed Name ;r' ,/ ,„ ` TS OF FL`�t17�C'�-L, 1S "'°�� \ COUNTY OF COLL-1 R �–`"�'' t f , ) EV The foregoing instr a wa. a o 1-• ed .-fore rgte this j ,' day of Ja,�c...e_-_ 011kb - ,, ,- L., as i1 _ _ of Calusa Pines Golf Club, L.L.C., a FlozitJa limited liability corkpany, whc,,;is/personally known to me or has produced m r\ I, s,d eation. Official seal - a " ' 4 /4 Maria E Vak0a <7',I-TE `..tt NotaryssiooE piteS01014 y mmission Expires: � .../2---///y ( my CortYnkssioa Expires 0512 C. Ape ro =. . to form and le . + -it iency irk Jeffrgy Ai{ a. kow, Coudty Aktorney 111 1 12 Packet Page-1325- OR 4813 PG 3048 9/24/2013 16.A.10. 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: .��i g the presen f: y� Name: 'iK F�UV Ztt,E . ��%�� �/t/ Title: ' - ?gEStD1'Mi' Signature r-^ r. !r : • ♦ .l a.. I`---- -,-\Fes. f ;°`� • n•-dN.me, f,.,1,1a , \?,'N\ f r /Li/ ---- 4me' �ture / f ' '` ` r"A \ \ 2-r T \ t 1f l � 7\ y , st STATE OF FLORIDA .,, \ COUNTY OF BROWA ! °1y / P' f Th foregoing instrument�, �. �kn�owle��d e��`�' me this /3. ---clay of i u --- 2012, b OA.104.Av tlKt ., Vice P esident of Wells Fargo B k, N.A., who is personally 1cftev --to me or has produced as identification. e,9��' - u L /'C Notary Public My Commission Expires: �`'.;� "''' IRINA SHKOLNIK I 4436` Notary Public•State of Florida f 3,,CI My Comm.Expires Dec 20,2013 4 --g:f-K,d;,,• Commission#DO 945201 13 Packet Page-1326- OR 4813 PG 3049 9/24/2013 16.A.10. 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" Impact Fee Credi - dge . Exhibit"G" Estimate44brTemporary Utiliryt'c t�ecctions(Options 1 and 2) / j 14..x, pp{ \17 1:eti \ 4\1'\r---j\ f R S// 14 Packet Page-1327- OR 4813 PG 3050 9/24/2013 16.A.10. EXHIBIT A MASTER PLAN -x 4 $ a�. ! P2' „ :6 n - 0g Zr � ps: 4 1 V —fit t a7r I 'L. ', gz8g 3 s r (----�1 ao 'I 12361 –i XAm�A jz r, ,, ■ on - - t g i � i 111.6 .......... ____ . 0,..._ ._ J ,e4 0 i !tn g G / P=1 (/ i P 15g g 0 It. 1 I , .1,, ,\\\ ijOil3 .^:1-i'- Q r , D `y p ` ' T 14 y �I - - . -yam' :1��._.-A^.p''*V. 1 ' I QQ NIS 24t,. '•p D02 g Gps =- E,':, >9x 0 11.1 D .n64 ; 1 9C12 lO.,= S K N °I' y o go 2 u� s w .492,:,...>'> >OO O= ; 6 .. O ��riz ==i big C yE -" BPJ7CEcen — - ---- JBA Il1TTA" LRVe.LLC BENT CREEK PRESERVE ._,- . RPUD J.aIon Bryon eVrr.rr..< Bent Creek Preserve PL-2011-1497 Page 9 of 15 030008.05.01 Packet Page-1328- OR 4813 PG 3051 9/24/2013 16.A.10. E EXISTING ;, ACREMAK R ROAD _ O N f; O m0 i• I 0 I. 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IY *wmO rZ • ,:a/,: OM mpg•®Z X12 ■�•” ��R• yam_ •/ 1, at m I v –;-•- >p AF I m zoi m rn vv O 1.5 = m O Q ,� ...... ` C=i I % CAi Z� : ` q• m mzo , z 0 o ff_ zmmo omit \� 1 rn a Packet Page -1331- OR 4813 PG 3054 9/24/2013 16.A.10. Cxh ∎b, \- E iL2 V N s N E •o W �"— VN (- :„. Z AC # •�rq S WATERWAYS 0 . 1.0 36-45 E V N •1 TAX PARCC. 1.0 26-45-26 E m m CALUSA PINES OR 3408/2611 TAX PARCEL 4.0 25-48-26 .t 0O:g� OR 272E/1729 cf PPL±o.., �P u m Ln L' UNE TABLE 35' LJ E BEARING LENGTH LI St9'59•40'W 35.03' 4 L2 58459'07'E 35.03' L3 N69'59'2114 30.03' L4 S0719'44'E 267.60' 1.3 L5 S6450'28'E 30.03' WA 40:NT 11:14711'= / ' / % \fOINT OF Z BEGINNING / HISS 1/4 CORNER (J ��._„�- o BECKON 26 3WATERWA`5.r1t•: 7.E Vt u 'III L;(Ax QAR^„BD_ 26- 42E¢ n ti *II 319 /T39 n E ! 1 )E. ) PROPOSED RIGHT OF AY � *' OR OFFICIAL RECORD BOOKI!PAOE , I (/ ' ___\(:),„0,\ \--) gy/ O. LEGAL DESCRIPTION FOR PARCEL 109 r1 p(_- _/ A TRACT OR PARCEL OF LAND SITUATED IN THE`ZATEbF I8..OF{1DL” .LINTY OF COWER, LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST. AND BEING VISPw_EARTICIJ oRLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY. FLORIDA; THENCE S.02-1 5'34-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 PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE 5.89'59'40'W. ALONG THE SOUTH LINE OF SAID PARCEL FOR 35.03 FEET; THENCE N.0718'34"W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST UNE OF SAID SECTION 26, FOR 667.31 FEET: THENCE N.0719'44.W. ALONG A UNE 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 3408, PAGE 2611, OF SAID PUBLIC RECORDS: THENCE 5.89'59'07"E. ALONG SAID NORTH UNE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26; THENCE S.0Z19'44'E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL THENCE N.89'59'211Y. ALONG THE SOUTH UNE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE PARCEL DESCRIBED N OMCIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS; THENCE S.02'19'44"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 LINE, 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 Ft SKETCH & DESCRIPTION ONLY ���� , ^ON=roam 1�s a � NOT A BOUNDARY SURVEY SCAM.1"-300' sow*MIL NOT N•..10 1,'1NO,TT THE IISS AL SICRATwE!RA50 MSG'S=SFX OF FOR COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS •FLOR.Room PROFCmaw.SuRKTOR OWS...PP[3L WOODCREST DRIVE �TITA" SKETCH DESCRIPTION OF: PROPOSED RIGHT—OF—WAY CONSULTING poi �'•T Tl 1 s.e a> .a PARCEL 109 6610 W:aM Pan ans.sale 200 noC2391%74575 Naob4.FIsn®34103 COWER COUNTY, FLORIDA P.,ws FAX(2791557-0575 18 No•6552 J09 Nul.r3ER R_11:S:ON SECTION TOWNSHIP RANCE SCALE DATE DRAWN BY FILE NAME SHEET 030008.00.06 0001 26 45S _ 26E 11' = 300' _05/10/07 PTN SK 109 1 OF 1 Packet Page-1332- OR 4813 PG 3055 9/24/2013 16.A.10. EXHIBIT F DEVELOPER AGREEMENT ROAD IMPACT FEE CREDIT LEDGER Impact fee ledger I Beginning Balance) $1,105,632.001 DATE PERMIT# CREDIT AMT BALANCE COMMENTS Beginning Balance $1,105,632.00 f L),/ N\7;'-'-\\ / / N.......__.„. \ I _ r I ,A1 ) 1 fir-''1 i . \ \-L---/./ \\`-=--'/' d r .' I l ! \\1 ...\. 7 / , . Packet Page-1333- OR 4813 PG 3056 9/24/2013 16.A.10. Ex1r.,h, G 1:0XX[A Planning Visual izatinn CONSULTING Civil Engineering Z < T TL 1 Surveying&Atappinc TEMPORARY BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS Forcemain Date:04-23-2012 Estimated B,'Doyle Nichols Checked By.Michael Pappas OPTION#1 Force Main I uNrr I QUANTITY UNIT COST TOTAL Mobilization / LS 1 $4,000.00 S4,�.00 MO.T- // I $3,500.00 $3,500.00 Staked Silt Fence � k 1 1,913 51.25 52,391.25 Floating Turbidity Barrier /r E..I a V\100 $18.50 $1,850.00 Misc.Clearing&Removal / Li/ LS NI $2,000.00 $2,000.00 F.M Hot Tap(16"x6')&Tie-in // / EA P\ $3,500.00 S3,500.00 6'Directional Drill under Immokalx&Cae31,50 taper frog 2 m. LF 300\ $150.00 545,000.00 6'HDPE Carrier Pipe / II F 300\ S22.00 56,600.00 Connection from HDPE to PVC \.--'� F.A _2 , 5500.00 51,000.00 Install 6'PVC F.M,(I275'Woodcrest Drive,638i alonkt / \ j .. s `' :/11913 \{ S15.00 528,695.00 6'Plug Valves,F.M. l t f \i/ 'p 1 51,500.00 $6,000.00 , A.R.V.for F.M. ( j 4 EAt 2 b 1 $1,500.00 53,000.00 Fine Grading Area for Sod r.J $0.50 $1,250.00 Sodding,Bahia r" L \_, SY ) 2.5k, $1.50 $3,750.00 Landscape Allowance 'r,",",.\ �• p LS 1 l fr $7,500.00 57,500.00 prZotafFJf Opt ov A - 4 ;1 5120.036 25 e $132,039.88' Assumptions 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. 0:12003\030008.05.03 Bent Creek-Utility Coordination10001 Offsite Utility Connection Options12 01 2-0 4-23 Temporary Bent Creek Utility Options OPC Rev.xls 1 of 2 Packet Page-1334- *** OR 4813 PG 3057 *** 9/24/2013 16.A.10. PAC TAINC. Planning Visualization CONSULTING Civil Engineering A- IL V TL 1 Surveying&Mapping TEMPORARY BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS Forcemain Date:04-23-2012 Estimated By Doyle Nichols Checked By Michael Pappas OPTION#2 Force Main UNIT 1 QUANTITY UNIT TOTAL .-"'' c^.x (--'j:::.--, COST q 1 54,000.00 54,000.00 Mobilization / 1st '- U' ! . M.O.T. / ' ''- . ' . 1 $3,000.00 53,000.00 Staked Silt Fence , .1 970 51.25 $2,462.50 Floating Turbdity Barrier f/ LF IN SI8.50 51,850.00• Misc.Clearing&Removals I. LS 1\t 53,300.00 $3,300.00 idL� `1�1S 1 ` 53,500.00 53,500.00 F.M.Hot Tap(16"x6') � "`'�- � 6'Directional Drill under lmmokalee&Canal,50laper from 20'Depth to l' D n t 300 $150.00 $45,000.00 6'HDPE Carrier Pipe ( 5500 522.00 56,600.00 Connection from PIDPE to PVC � J )7°\! 42 I $500.00 $1,000.00 Install 6"PVC FM(1275'Woodcrest Dr.,600 'eat o d, 5' Li o f )970 515.00 $29,550.00 Trail) (n) ‘..,1`.........2 i"""'1) 6'Plug Valves s°` LF i ' 51,500.00 $6,000.00 ARV.for F.M `, �,,t '2 , $1,500.00 $3,000.00 Fine Grading for Sod 7 $0.50 S1,300.00 Sodding,Bahia ° ' �SY °$;600 $1.50 53,900.00 Landscape Allowance LS K 1 53,000.00 53,000.00 N'N 1�, �.7'.V j-, — ' . Sub-Total FM Option#2 5117,462.50 With 10%Contingency I 1129.208.75) Assumptions 1. Assumes each option is standalone,therefore cach option has Mobilization,MOT etc Cost savings when two options well 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 Coordination10001 Offsite Utility Connection Options12 01 2-04-2 3 Temporary Bent Creek Utility Options OPC Rev.xls 2 of 2 Packet Page -1335-