Backup Documents 04/24/2012 Item #16A 2;t = FHE
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REQUEST FOR LEGAL SERVICES
Date: Febmar -y 3, August 2, 2012 PL10120000242
To: Office of the County Attorney, Attention: Steve ` illia"' °Emily R. Pepin
From: John R. Houldsworth, Senior EngineeL.1_11601
Development Services, Engineering Review
Re: Brightling at Talis Park
BACKGROUND OF REQUEST/PROBLEM:
Please review attached pr-eliminwy final plat for legal sufficiency. /
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(Are there documents or other information needed to review this matter ?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute plat if found to be sufficient, and forward to BCC
for Chairman's signature.
OTHER COMMENTS:
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DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: June 11, 2012
To: Office of the County Attorney, Attention: Steams
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Brightling at Talis Park
BACKGROUND OF REQUEST/PROBLEM:
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Please review attached Construction, Maintenance and Escrow Agreement for legal sufficiency.
(Are there documents or other information needed to review this matter ?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute if found to be sufficient, and return to this office.
OTHER COMMENTS: T t-e V 16 13'sl &j A?f1wavael
BCC 4 /24 /14Agenda Item 16 A2
AIN P 1. AT
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CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this ?-grT4► day of A ?yL L- , 2012 by KE TALIS
PARK PROPERTIES, LLC, a Delaware limited liability company (hereinafter "Developer "),
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
(hereinafter the "Board ") and ROETZEL &ANDRESS, LPA (hereinafter "Escrow Agent ").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as Brightling at Talis
Park.
B. The subdivision will include certain improvements which are required by Collier County
ordinances, as set forth in a site construction cost estimate ( "Estimate ") prepared by Waldrop
Engineering, P.A., a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05(C) and 10.02.04 of the Collier County Subdivision Code Division of
the Unified Land Development Code requires the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D. In conjunction with entering into this escrow agreement (the "Escrow Agreement")
Developer has deposited with Escrow Agent the sum of Three Hundred Seventy Nine Thousand
Nine Hundred Seventy Five and 92/100 Dollars ($379,975.92) in Bank of America, Account No.
8980 SZ41 1410 to guaranty the completion of the remaining Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is Three Hundred Seventy Nine Thousand Nine Hundred
Seventy Five and 92/100 Dollars ($379,975.92), and this amount represents 100% of the
Developer's engineer's estimate of the remaining construction costs to be incurred to complete
the Required Improvements plus 10% of the total estimated cost of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree
as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
County Manager or his designee within eighteen (18) months from the date of approval of said
subdivision plat.
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2 Developer hereby authorizes Escrow Agent to hold Three Hundred Seventy Nine
Thousand Nine Hundred Seventy Five and 92/100 Dollars (5379,975.92) (the "Escrow Funds"),
in escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this
Agreement.
4. The Escrow Funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit not more
than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(10 %); and further, that upon completion of the work, the County Manager or his designee shall
approve the release of any remainder of escrowed funds except to the extent of Thirty Four
Thousand Five Hundred Forty Three and 27/100 Dollars ($34,543.27) which shall remain in
escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum
period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that
Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent
agrees to pay to the County immediately upon demand the balance of the funds held in escrow
by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance
to the County, the County will have executed and delivered to the Escrow Agent in exchange for
such funds a statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this Agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above - mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent of
the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and to
offset any damages, either direct or consequential, which the County may sustain on
account of the failure of the Developer to carry out and execute the above - mentioned
development work; and
(d) The County will promptly repay to the Developer any portion of the funds drawn
down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Escrow Agent for
release of only those specified funds to the Developer. Payment by the Escrow Agent to the
Developer of the amounts specified in a letter of authorization by the County to the Escrow
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Agent shall constitute a release by the County and Developer of the Escrow Agent for the
specified funds disbursed in accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval until a
statement of substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the Required Improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements,
the Board, after duly considering the public interest, may at its option complete the Required
Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provisions; provided,
that the Escrow Agent does not release any monies to the Developer or to any other person
except as stated in this Escrow Agreement to include closing the account, or disbursing any
funds from the account without first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvement for one (1) year after
preliminary approval of the Required Improvements by the County Manager or his designee.
After the one (1) year maintenance period by the Developer and upon submission of a written
request for inspection, the County Manager or his designee shall inspect the Required
Improvements and, if found to be still in compliance with the Code as reflected by final approval
by the Board, the Escrow Agent's responsibility to the Board under this Agreement shall be
automatically terminated. The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and
by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer and the Escrow Agent.
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IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this —2-4T* day of A� t L , 2012.
SIGNE IN THE PRE ENCE OF:
Printed Name: l.i) ris T! n �i n o tta
Printed Name:
�YIGk L
Printed Name: Deb=hS.Davis-Gwmalez
cl-e-� Q
Printed Name: ti k�T
ATTEST:
DWIGHT E. BROCK, CLERK
�u *V,�
By
Wag
Apl 3a� and legal sufficiency:
Print Name: S�e.uc^ T L j; I J►awls
Assistant County Attorney
DEVELOPER:
KE Talis Park Properties, LLC,
a Delaware limited liability company
By: . Gk—
John I s er, Vice President
(Provide Proper Evidence of Authority)
ESCROW AGENT:
Roetzel & Andress, L.P.A.
By:
Print Name /Title: T. t" �; I e, ps.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: W cwal—k
Print Name: Reip C.QY
Chairman
Exhibit 1
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Brightling At Talis Park
OPINION OF PROBABLE COST
Wastewater
Water
Drainage
Paving
Earthwork
Lighting
TOTAL
J 1244 -11 (Taps Park) anghting%Excel1244- 11 -01County OPC REW2
SUMMARY
Page 1 of 7
$52,560.75
$62,620.00
$56,514.15
$158,081.25
$5,656.50
$10,000.00
$345,432.65
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remy H: d P.E.
'o - LORtOp;..• Da e
tion # 66421
Certific uthorization # 8636
Exhibit 1
WASTEWATER
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Estimated
Description Quantity Unit Unit Price Amount
6" Single PVC Sewer Service w/ Cleanout
6" Double PVC Sewer Service w/ Cleanout
8" PVC Sanitary Sewer SDR -26
Manhole 4' Diameter with IET Coating
Television Inspection
3
15
1,863
6
1,863
Page 2 of 7
EA
$300.00
$900.00
EA
$350.00
$5,250.00
LF
$14.25
$26,547.75
EA
53,000.00
$18,000.00
LF
$1.00
$1,863.00
TOTAL = $52,560.75
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Exhibit 1
WATER
Estimated
Description Quantity Unit Unit Price Amount
V Single Water Service, Complete
1 1/2" Double Water Service, Complete
8" PVC Water Main (C900 Class 150)
10" PVC Water Main (C900 Class 150)
10" PVC Water Main (C900 Class 200)
10" Gate Valve
Fire Hydrant
Temporary Sample Point
Permanent Sample Point
3
15
488
2,142
118
3
4
4
1
Page 3 of 7
EA
$155.00
$465.00
EA
$240.00
$3,600.00
LF
$15.00
$7,320.00
LF
$16.50
$35,343.00
LF
$18.00
$2,124.00
EA
$900.00
$2,700.00
EA
$2,287.00
$9,148.00
EA
$ 180.00
$720.00
EA
$1,200.00
$1,200.00
TOTAL = $62,620.00
Exhibit 1
DRAINAGE
Estimated
Description Quantity Unit Unit Price Amount
15" RCP
76
LF
$18.00
$1,368.00
18" RCP
825
LF
$20.00
$16,500.00
24" RCP
262
LF
$23.50
$6,157.00
30" RCP
27
LF
$31.45
$849.15
FDOT Type 9 Inlet
6
EA
$2,900.00
$17,400.00
Valley Gutter Inlet
4
EA
$1,885.00
$7,540.00
Junction Box
1
EA
$1,500.00
$1,500.00
Type "C" Grate Inlet
4
EA
$1,300.00
$5,200.00
TOTAL = $56,514.15
Page 4 of 7
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Exhibit 1
PAVING
Estimated
Description Quantity Unit Unit Price Amount
Signing and Marking
1
LS
$650.00
$650.00
Valley Gutter
2,304
LF
$4.75
$10,944.00
Type "F" Curb & Gutter
2,580
LF
$6.50
$16,770.00
Type "A" Curb & Gutter
360
LF
$8.50
$3,060.00
3' Valley Gutter Crossing
1
LS
$2,500.00
$2,500.00
4" Concrete Sidewalk (Reinforced)
1,887
SY
$11.85
$22,360.95
3/4" Asphaltic Concrete (Type S -III) First Lift
6,195
SY
$3.75
$23,231.25
3/4" Asphaltic Concrete (Type S -III) Second Lift
6,195
SY
$3.75
$23,231.25
6" Limerock Base (compacted and primed)
6,195
SY
$5.80
$35,931.00
12" Stabilized Subgrade (Onsite Material)
6,808
SY
$2.85
$19,402.80
TOTAL = $158,081.25
Page 5 of 7
Exhibit 1
EARTHWORK
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Estimated
Description Quantity Unit Unit Price Amount
Sod (1' Behind Curb)
2' Silt Fence
582
3,286
Page 6 of 7
SY $1.25 $727.50
LF $1.50 $4,929.00
TOTAL = $5,656.50
Exhibit 1
LIGHTING
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Estimated
Description Quantity Unit Unit Price Amount
Lighting
Page 7 of 7
LS S10,000.00 S10,000.00
TOTAL = $10,000.00