Backup Documents 03/27/2012 Item #16A 7 [PRINTER TABLE command ; COURIER]
6 A 7
ITEM NO. : Ui'HUL OF HE
Cot!�f Y ATTORN
DATE RECEI
FILE N'. , : S. 1 El 2112 APR f 9 PM 3: 14
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ROUTE' TO:
DO NOT WRITE ABOVE THIS LINE (orig . 9/89 )
REQUEST FOR LEGAL SERVICES
404
Date: April 16, 2012 AR- 2011-0733 W
(
To: Office of the County �
Attorney, Attention: Steve Williams �;��roe-
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review oo�
" v
Re: Twin Eagles Grand Arbors ?\5111/P)
BACKGROUND OF REQUEST/PROBLEM: '
Please review attached Construction & Maintenance Agreement and Performance Bond for
legal sufficiency.
(Are there documents or other information needed to review this matter?) 6Uv"
This item has not been previously submitted.
S�
(If previously submitted provide County Attorney's Office file no.) � ;31
CA-
ACTION REQUESTED: Review, execute agreement if found to be sufficient and forward to
BCC with final plat.
OTHER COMMENTS:
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 1
6 akr
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
T�Y4 day of ?k_tL/ /_ ,20 12 between TwinEagles Development AGR,LLC
hereinafter referred to as"Developer", and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: TwinEagles Grand Arbors
B. Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
within 24 months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $665,103.51 - 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 Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until 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
Land Development Code.
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 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 Land Development Code as reflected by final approval by the
Board, the Board shall release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required Improvements shall continue unless or until
the Board accepts maintenance responsibility for and by the County.
16A7
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete. Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of substantial
completion by the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the request for a
reduction in the amount of the subdivision performance security for the improvements completed as of
the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements
required herein. The Developer, as principal under the subdivision performance security,shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board
thereof, including, but not limited to, engineering, legal and contingent costs,together with any damages,
either direct or consequential, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer
and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board an he Developer have caused this greement to be executed by their duly
authorized representatives this day of ,20, Z-.
SIGNED IN THE PRESENCE OF: (Name of entity) '[w to eoctks D.ureloemc( $ pee (,Lc-•
By:
Printed Name t1 >^ /
Printed Name/Title
(President, or CEO)
(Provide Proper Evidence of Authority)
Printed Name Lou!.
i/ 5 'f'keiL
ATTEST:
DWIGHT E. BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
pr
• By:
Deputy Clerk Atte:t as to- CP 1ramrt! I Chairman
$l;natt re c;,ry
Approved as to form and legal sufficiency:
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„„ k___ .
Assistant County Attorney SI-W eit 7. 0'11.a
• i yo owl Rik 1 ri h bl PPL-PL201100007
31 6
I' k- TWIN EAGLES GRAND ARBORS47:2
ENGINEERING
REPLAT OF TRACT 110.
AND BLOCK 108 J, K R-108,
DATE: 1/30/12
Proliscsi anAl.row erirs,Flannery it.,t yn,t rosvass DUE: 2/28/12
Engineer's Cost Opinion of Site Improvements
FOR
TWINEAGLES GRAND ARBORS
(Block 108&Tract 1 1 0)
September 2011
Revised January 2012
ITEM
NO, DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
A. EARTHWORK
I I
oke bcovatiari 81,847 CY SI 65 $135,047.55
2 Silt Pence 326 I f $1.25 $401.50
3 Floating Turbidity Barrier 1,739 IF $I 0,00 $17,390.00
Sub Total $152,845.05
A. PAVEMENT&DRAINAGE
I Volley Gutter 1,322 lf $6.50 $8,593.00
2 Type'A'Curb 130 1 F $8.00 $1,040 00
3 Stabilized Subarode(12') 3,613 SY $2,00 $7,726.00
4 I imerock(6') 3.230 SY $8,00 $25,840.00
5 1-17T Asphalt.Type S-111 2,986 SY $500 $14,930.00
6 Concrete Sidewalk 1,817 SY $20.00 $36,340.00
7 Concrete Cart Path 229 SY $12.00 $2,748.00
8 Signing A Marking 1 LS $4,000.00 $4,000.00
9 Cone.Culv.Pipe(24") 209 I F $33.50 $7,001.50
10 Ledwall(24') 1 LA $2,000.00 $2,000.00
11 Sod320 SY $1.50 $480.00
17 17'Nyoplast Inlet 7 FA $1,000.00 $2,000.00
13 ADS Pipe(12') 583 I F $1400 $8,162.00
14 Remove Ex.Cob 2,376 1 F $4.00 $9,304.00
15 Remove Ex,Pavement I,774 SY $2.00 $3,448.00
16 Remove Ex.Inlet 1 FA $500 00 $500 00
17 Remove Ex. 18'RCP 220 IF $8.00 $1,760.00
1B Remove Ex,24'RU' 214 El $10.00 $2,140,00
19 Remove Fx.Concrete 259 57 $2.00 $518.00
70 Pavement Reitsur I IS $12,000.00 512,000.00
'Assumes 2 01 all hack of new curb Sub Total $210,030.50
B. POTABLE WATER CONSTRUCTION
1 PVC C-900 DR14(6') 1,036 II $24.00 $74,864.00
2 Single Woier Service 11 EA $420.00 $4.620.00
3 Double Water Service 26 FA $625.00 $16,250.00
4 Gate Valve(6') 2 FA $1,000 00 $2,000.00
5 Eire Hydrant Assembly w/6'0.V. 6 EA $3,300.00 $19,800,00
6 Remove Fx.6'Water Main 1,048 IF $6.00 $6,288.00
Remove Ex.Fire Hydrant Assembly 6 EA $500.00 $3,000.00
8 Remove Ex Water Siorvice 5 EA $200.00 $I,000.00
9 Relocate Fr.Double Water Service 8 EA $300 00 $2,400.00
Sub Total $80,222.00
C. SANITARY SEWER CONSTRUCTION
1 8'SIN 76 Gravity Sewer (0-6'cut) 710 It $18.00 $12,780.00
2 8"SOP 26 Gravity Sewer (6'H'cut) 176 II $22,00 $3,872.00
3 Manhole(0.6') / EA $3,500.00 $24,500.00
4 Manhole(6-8) 1 EA $4,250.00 $4.250.00
5 6'Single Service lateral 24 (A $700 00 $16,800.00
6 6'Double Service lateral 22 FA $900.00 $19,800.00
7 Cul in 8'x6'Wye 33 EA $1,500 00 $49,500.00
8 Remove Pu.Marinfle. 3 FA $500.00 $1,500,00
9 Rental M1111449441/i, 330 LF $8 00 $264000
0 Rer 10.4.N ' ,,f 1.''.4k 'Itm 1 itet)? ',/ 3 EA $300.00 $900 00
/./>. Sub Total $136,542.00
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D. Z.'.MISCALLANAWS4 7, %f.e. 13
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1 ...... g I I r e(4 byhting • '''th2u , ...- I IS 525,000.00 $25,000.00
* : * ---
t=
Sub Total $25,000.00
•••••• 11, I ,
S TAT
0 % E OF
..-- -, /4,._--.. Grand Total $604,639.55
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