Loading...
Backup Documents 04/24/2012 Item #16A 3[PRINTER TABLE command: COURIER] ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: 1 140 V iii f.1 I Gi \iii i 12;'"i'_!4 riME0'34 S'o o DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES 16A 3a! OFFIc,-c- COUNTY ATToj�,4 E Y 12 APR 26 PM 3: 4 7 Date: -April 26;-20 H- A&AY it 7,012.. ; PL 2,011_- 264_, �- } To: Office of the County Attorney, Attention: teve Williams From: John R. Houldsworth, Senior Engineers Development Services Engineering Review , � f p g g � ex<<>>�o � Re: BACKGROUND OF REQUEST/PROBLEM: Please review attached C nnqt nn i q n cment for legal sufficiency. S 7Z L) (Are there documents or other information needed to review this matter ?) ��a7//Z cc— This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) L Sall `t c \ Sw r ~ u�t ACTION REQUESTED: Review, execute if found to be sufficient and forward to BCC with final plat. S•� OTHER COMMENTS, p EV, T Y V % c.4 " A 6t Zf -: F � T A.TCb c��-V-3 see 2fA4t 16 A3 4k, I Ir s�o 61p, Cj—` 16A 33 MEMORANDUM Date: May 10, 2012 To: John Houldsworth, Senior Engineer Engineering Services Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Fairgrove at Talis Park — Plat & Agreement Attached for your records is a copy of the document referenced above (Agenda Item #16A3) adopted by the Board of County Commissioners on Tuesday, April 24, 2012. If you should have any questions, please feel free to contact me at 252 -7240. Thank you. Attachment (1) 16p 34 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this `d day of &\A, y , 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 Fairgrove 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 One Hundred Seventy Two Thousand One Hundred Fifty Five and 26/100 Dollars ($172,155.26) in Bank of America, Account No. 8980 5230 4212 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 One Hundred Seventy Two Thousand One Hundred Fifty Five and 26/100 Dollars ($172,155.26), 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. 1 16A 31 2. Developer hereby authorizes Escrow Agent to hold One Hundred Seventy Two Thousand One Hundred Fifty Five and 26/100 Dollars ($172,155.26) (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 Forty Nine Thousand Seven Hundred Thirty and 21/100 Dollars ($49,730.21) 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 2 16A 3J 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. 16p IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this s`c' day of �ti0 , 2012. SIGNED IN THE PRESENCE OF: d , Printed Name: l:nris! i ne t i ine 4ja Printed Name: ,:,--�, Printed Name: Oc` �1 �jf 6 Printed Name: ATTEST: DWIGHT E. BRQCK; CLERK #&tft'bdPhtWJMir2W . st roved gasp thorm legal sufficiency: Print Name: STtUCn 7ri,J,*11 4 ms Assistant County Attorney DEVELOPER: KE Talis Park Properties, LLC, a Delaware limited liability company By: �W—jv- J06/Asher, Vice President (Provide Proper Evidence of Authority) ESCROW AGENT: Roetzel & Andress, L.P.A. By: Print Name /Title: Nl BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B W• By: Print Name: �e,E� �i�• CDyLC Chairman 3 .20 FAIRGROVE WAY F.K.A. AREZZO WAY AT TUSCANY RESERVE (PHASE IQ OPINION OF PROBABLE COST Wastewater $3,650.00 Water $10,060.00 Drainage $29,844.30 Paving $68,137.00 Lighting $10,000.00 Earthwork $733.75 TOTAL IMPROVEMENTS $122,425.05 110% OF TOTAL IMPROVEMENTS $134,667.56 ESTIMATED DATE OF COMPLETION: December, 2013 16p 34 Ronald D Waldrop, P.E Florida Registration # 52794 Certificate of Authorization # 863 JV44-05 (Talis Park) FairgrovelExoe112012 -02-08 County OPC REV05 (submitted) Fkl-4 t�G 1 1. 16A 31 WASTEWATER Estimated Description Quantity Unit Unit Price Amount Modify and Relocate Existing Sewer Service 18 EA $125.00 $2,250.00 Clean-out 2 EA $50.00 $100.00 6" Single PVC Sewer Service w/ Cleanout 1 EA $550.00 $550.00 6" Double PVC Sewer Service w/ Cleanout 1 EA $750.00 $750.00 TOTAL = $3,650.00 16q 3 WATER Estimated Description Quantity Unit Unit Price Amount Relocate Existing Fire Hydrant 4 EA $460.00 $1,840.00 1" Single Water Service, Complete 6 EA $155.00 $930.00 1 1/2" Double Water Service, Complete 13 EA $240.00 $3,120.00 8" PVC Water Main (C900 Class 150) 278 LF $15.00 $4,170.00 TOTAL = $10,060.00 16A 33 DRAINAGE Estimated Description Quantity Unit Unit Price Amount 12" HDPE 1,254 LF $12.00 $15,048.00 30" RCP 254 LF $31.45 $7,988.30 Type "C" Grate Inlet 1 EA $1,500.00 $1,500.00 12" ADS Yard Drain (or equivalent) 15 EA $185.00 $2,775.00 Remove Existing 30" RCP 146 LF $10.50 $1,533.00 Grout Existing RCP 1 LS $1,000.00 $1,000.00 TOTAL = $29,844.30 16A 3, PAVING 405 SY $3.60 $1,458.00 3/4" Asphaltic Concrete (Type S -111) Second Lift Estimated SY $3.60 $1,458.00 Description Quantity Unit Unit Price Amount PHASE 1 518 SY $2.85 $1,476.30 Signing and Marking 1 LS $200.00 $200.00 3/4" Asphaltic Concrete (Type S -III) First Lift 5,808 SY $3.60 $20,908.80 3/4" Asphaltic Concrete (Type S -III) Second Lift 5,808 SY $3.60 $20,908.80 6" Lime Rock Base 643 SY $5.80 $3,729.40 12" Stabilized Subgrade (Onsite Material) 862 SY $2.85 $2,456.70 Type "A" Curb & Gutter 345 LF $7.20 $2,484.00 Valley Gutter 590 LF $4.75 $2,802.50 SUB -TOTAL = $53,490.20 PHASE 2 3/4" Asphaltic Concrete (Type S -III) First Lift 405 SY $3.60 $1,458.00 3/4" Asphaltic Concrete (Type S -111) Second Lift 405 SY $3.60 $1,458.00 6" Lime Rock Base 405 SY $5.80 $2,349.00 12" Stabilized Subgrade (Onsite Material) 518 SY $2.85 $1,476.30 Type 'F Curb and Gutter 193 LF $9.00 $1,737.00 3' Valley Gutter Crossing 2 EA $2,500.00 $5,000.00 Valley Gutter 246 LF $4.75 $1,168.50 SUB -TOTAL = $14,646.80 TOTAL = $68,137.00 LIGHTING Estimated 16A 39 Description Quantity Unit Unit Price Amount Lighting 1 LS $10,000.00 $10,000.00 TOTAL = $10,000.00 16A 31 EARTHWORK Estimated Description Quantity Unit Unit Price Amount Sod (1' Behind Curb) 587 SY $1.25 $733.75 TOTAL = $733.75 16A 31 FAIRGROVE WAY F.K.A. AREZZO WAY AT TUSCANY RESERVE (PHASE IQ EXISTING IMPROVEMENTS OPINION OF PROBABLE COST Wastewater $180,204.00 Water $50,860.00 Drainage $59,373.00 Paving $84,440.00 TOTAL EXISTING IMPROVEMENTS $374,877.00 10% OF TOTAL EXISTING IMPROVEMENTS $37,487.70 NOTE: Unit prices as specified by Heidt and Associates Engineer's Opinion of Probable Cost for Tuscany Reserve Phase 1 B and IC dated March 3, 2005. Infrastructure quantity reflects existing infrastructure that has been completed to date and will remain to serve Fairgrove Way at Tabs Park, PL20110002642. �� fK onald b Waldrop, P.E. yam. Florida Re istr:A&�tl-# 2794�� Certificate of Au horizMon # 8636 J1Q44-05 (Talis Park) FairgrovelExceNExisting Phase 1C OPC REV00 (submitted) 16A 3' WASTEWATER Estimated Description Quantity Unit Unit Price Amount 8" Gravity SDR 26 PVC (Less than 8' Depth) 243 LF $22.00 $5,346.00 8" Gravity SDR 26 PVC (8' - 12' Depth) 1,600 LF $35.00 $56,000.00 8" Gravity SDR 26 PVC (Over 12' Depth) 367 LF $55.00 $20,185.00 Manhole (Less than 8' Depth) 2 EA $2,500.00 $5,000.00 Manhole (8' - 12' Depth) 3 EA $3,600.00 $10,800.00 Manhole (Over 12' Depth) 3 EA $5,300.00 $15,900.00 TV Inspection (Preliminary) 2,210 LF $1.30 $2,873.00 Pump Station #1 1 LS $60,000.00 $60,000.00 4" PVC Force Main (C- 900,DR 25) 410 LF $10.00 $4,100.00 TOTAL = $180,204.00 16A 3 WATER Estimated Description Quantity Unit Unit Price Amount 10" PVC Main (C -900, DR18) 2,560 LF $16.00 $40,960.00 10" Gate Valve 2 EA $1,500.00 $3,000.00 Fire Hydrant Assembly 2 EA $2,800.00 $5,600.00 Permanent Sample Point 1 EA $1,300.00 $1,300.00 TOTAL = $50,860.00 16A 31 DRAINAGE Estimated Description Quantity Unit Unit Price Amount 15" RCP 289 LF $27.00 $7,803.00 18" RCP 307 LF $31.00 $9,517.00 24" RCP 235 LF $40.00 $9,400.00 30" RCP 197 LF $49.00 $9,653.00 3' x 4' Valley Gutter Inlet 2 EA $2,100.00 $4,200.00 3' x 6' Valley Gutter Inlet 6 EA $2,900.00 $17,400.00 3' x 4' Valley Gutter Inlet (Top Only) 1 EA $600.00 $600.00 3' x 6' Valley Gutter Inlet (Top Only) 1 EA $800.00 $800.00 TOTAL = $59,373.00 16p 3'1 PAVING Estimated Description Quantity Unit Unit Price Amount 12" Stabilized Subgrade 6,200 SY $2.00 $12,400.00 8" Limerock Base (Primed) 5,400 SY $8.00 $43,200.00 Concrete Valley Gutter 4,470 LF $6.00 $26,820.00 Type'A' Curb 190 LF $8.00 $1,520.00 Handicap Curb Ramp 2 EA $250.00 $500.00 TOTAL = $84,440.00 U21- March 12, 2012 MAL /M t ■1f1A1Mr1 Er- IL 1/1MIL I or- Er- W-ftMa, IAr% 16q 3 Mr. John Houldsworth Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Subject: Fairgrove at Talis Park (Phase 1C) (fka Arezzo Way at Tuscany Reserve) AR # PL20110002642 Escrow Reduction Request Dear Mr. Houldsworth: Please accept this letter as a written request to reduce the Tuscany Reserve Phase 1 Escrow Funds based on completed improvements at Fairgrove at Talis Park (formally referred to as Tuscany Reserve Phase 1 C) by $479,624.20, from $1,434,259.20 to $954,635.00 It is KE Talis Park Properties, LLC's intent to provide a new bond for Fairgrove via a Construction Maintenance Escrow Agreement for Subdivision Improvement for the remaining, yet to be completed Fairgrove at Talis Park infrastructure and simultaneously reduce (and transfer) the existing Tuscany Reserve Phase 1 Escrow Funds, accounting for the infrastructure that has been completed since executing the previous Phase 1 Escrow Agreement. Below are the Bond Summary and Reduction Calculation: Current Tuscany Reserve Phase 1 Bond Amount: Remaining Phase 1 B and 1 C Infrastructure (as of March 8, 2005) 10% Maintenance Bond (All of Phase 1) Fairgrove at Talis Park Bond Amount (f.k.a. Phase 1C): Proposed Phase 1 C Infrastructure ($122,425.05) Proposed Phase 1C Infrastructure Maintenance Bond (110 %) Existing Infrastructure ($374,887.00) Existing Infrastructure Maintenance Bond (10 %) Bond Reduction Calculation: Current Tuscany Reserve Phase 1 Bond Amount Original Phase 1 C Infrastructure - 110% Bond Proposed Phase 1 Bond (to remain) $1,092,924.14 $341.335.06 $1,434,259.20 $134,667.56 $37,487.7 $172,155.26 $1,434,259.20 ($479,624.20) $954,635.00