Backup Documents 06/26/2012 Item #11FORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exc lion of the Chairman's si lure draw a line throuc, h routing lines #I throuah #4 complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s)
List in routing order
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
�� I
2.
06/26/12
Agenda Item Number
l if
Approved by the BCC
3.
Type of Document
Developer Contribution Agreement
4.
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
5. Ian Mitchell, Supervisor,
BCC Office
Board of County Commissioners
K-ob
�, �'Lq ► 2
6. Minutes and Records
Clerk of Court's Office —�,�—
?ty\
6 ��
t(Asa r,
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
Name of Primary Staff
Laurie Beard
Phone Number
252 -5782
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
06/26/12
Agenda Item Number
l if
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Developer Contribution Agreement
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
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contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Lj
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 06 -26 -11 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
11F 1
MEMORANDUM
Date: July 11, 2012
To: Laurie Beard, Planner
Transportation Planning Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Developer Contribution Agreement
Bent Creek Preserve
Attached for your records is a scanned copy of the document referenced above
(for Agenda Item #11F), approved by the Board of County Commissioners on
Tuesday, June 26, 2012.
The original document is being kept by the Minutes and Records Department and
will be kept as part of the Board's Official Record.
If you have any questions please feel free to call me at 252 -7240.
Thank you
THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as o T M -o
the "Agreement" ) is entered into this alb day of June, 2012, by and between BENT > o w
CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, A D w
LLC, a Florida limited liability company and its successors, assigns and subsequent m m °'
owner /developer ( "Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida 9 N
limited liability company and its successors, assigns and subsequent owner /developer 0 N
( "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 0
forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, C
as amended.
RECITALS:
WHEREAS, Waterways Joint Venture V, a Florida partnership, was the owner of
approximately 138.3 acres of land in unincorporated Collier County, Florida, located on
the south side of Immokalee Road (CR -846), and approximately one half mile east of the
intersection of Collier Boulevard (CR -951), and is adjacent to Woodcrest Drive
(hereinafter referred to as the "Development "). The Development is intended to be
constructed on Tracts R and RA as depicted on the Bent Creek Preserve Master RPUD
Plan, attached hereto as Exhibit "A" and which is pending approval by the Collier County
Board of Commissioners; and
WHEREAS, Waterways Joint Venture V and the County have previously entered
into that certain Developer Contribution Agreement Summit Lakes dated December 13,
2006 and recorded in Official Records Book 4162, Page 2816, Public Records of Collier
County, Florida (the "2006 Developer Agreement "); and
WHEREAS, Section 6.5 - Transportation - of the Summit Lakes RPUD, approved
by the Board of County Commissioners on December 12, 2006, subsections "Q" and "R"
states as follows:
"Q. The developer shall build a local road cross - section on Woodcrest Drive from
Immokalee Road to the southern boundary of the proposed Habitat Woodcrest RPUD.
1. If the right -of -way for the entire road is not available, the Developer shall
construct the portion that has sufficient right -of -way. Where the right -of -way is
not available, the Developer shall pay in lieu of construction within 30 days of the
right -of -way permit issuance.
2. Should the County approve a Developer Contribution Agreement (DCA), such
agreement shall provide road impact fee credits for the design, construction, and
permitting, including environmental mitigation, for the upgrade from a local road
to a minor collector road.
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DEVELOPER CONTRIBUTION AGREEMENT
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BENT CREEK PRESERVE
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(Successor to Developer Contribution Agreement dated December 13, 2006)
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THIS DEVELOPER CONTRIBUTION AGREEMENT (hereinafter referred to as o T M -o
the "Agreement" ) is entered into this alb day of June, 2012, by and between BENT > o w
CREEK PRESERVE, LLC, f/k/a CENTERLINE HOMES ENTERPRISES THREE, A D w
LLC, a Florida limited liability company and its successors, assigns and subsequent m m °'
owner /developer ( "Bent Creek "); CALUSA PINES GOLF CLUB, L.L.C., a Florida 9 N
limited liability company and its successors, assigns and subsequent owner /developer 0 N
( "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 0
forth in the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, C
as amended.
RECITALS:
WHEREAS, Waterways Joint Venture V, a Florida partnership, was the owner of
approximately 138.3 acres of land in unincorporated Collier County, Florida, located on
the south side of Immokalee Road (CR -846), and approximately one half mile east of the
intersection of Collier Boulevard (CR -951), and is adjacent to Woodcrest Drive
(hereinafter referred to as the "Development "). The Development is intended to be
constructed on Tracts R and RA as depicted on the Bent Creek Preserve Master RPUD
Plan, attached hereto as Exhibit "A" and which is pending approval by the Collier County
Board of Commissioners; and
WHEREAS, Waterways Joint Venture V and the County have previously entered
into that certain Developer Contribution Agreement Summit Lakes dated December 13,
2006 and recorded in Official Records Book 4162, Page 2816, Public Records of Collier
County, Florida (the "2006 Developer Agreement "); 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.
11 F I
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., as successor (by merger) to Wachovia Bank, N.A
(the "Bank ") in the amount of $2,550,000.00, equal to one -half (1/2) of the County's
estimated Road Impact Fees; and
WHEREAS, Waterways Joint Venture V failed to meet its obligations under the
Developer Contribution Agreement. On September 9, 2010, the County called the
Irrevocable Standby Letter of Credit; and
WHEREAS, on September 2, 2010, Bank filed a Verified Complaint in the
Circuit Court of Collier County naming Waterways Joint Venture V, LLC (as successor
by conversion to Waterways Joint Venture V) as a defendant and requesting the Court to
enter a judgment of foreclosure with respect to the Bank's first priority mortgage on the
real and personal property comprising the Development (the "Collateral "); and
WHEREAS, on June 23, 2011, Bank 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
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(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 transportation system;
C. The Proposed Plan is consistent with both the public interest and with the
comprehensive plan, including the most recently adopted or proposed five -
year capital improvement program for the County's transportation system,
the Long Range Transportation Plan and complies with the requirements
of the Collier County Consolidated Impact Fee Ordinance; and
d. Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below. Except as expressly set forth
below, this Agreement supersedes and replaces in its entirety the 2006 Developer
Agreement, which on execution of this Agreement is terminated in its entirety and is of
no further force or effect.
2. Pursuant to the terms of the 2006 Developer Agreement, the County has
incurred or will incur Right -of -Way costs of approximately $1,105,632, as follows:
• Expended $833,632
• Projected (Warm Springs) $272,000
• Bent Creek Preserve Estimated $_0_
Total Costs $1,105,632
3. The parties agree that the County will deduct the total costs incurred
pursuant to the 2006 Developer Agreement (as set forth above in paragraph 2) from the
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$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 as to the recitals and agreement to pay the LOC
Refund to the Bank, and as partial consideration for the LOC Refund, Bank and the
County hereby mutually release one another from all claims and obligations of whatever
kind with respect to all matters concerned by both this Agreement and the 2006
Developer Agreement. Except as set forth in this paragraph, Bank is not a party to the
remainder of this Agreement and the other terms of this Agreement shall not apply to
Bank.
5. Road and Utility Improvements.
(a) On execution of this Agreement, the County will receive full ownership of
the design plans for Woodcrest/Tree Farm/Massey Road as completed to date, free and
clear of any claims or encumbrances.
(b) Bent Creek shall be responsible 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.
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(c) Bent Creek shall utilize the design drawings prepared by CH2MHill, as set
forth in Exhibits "B" and "C" in order to permit and construct (i) the Road to urban
collector road standards, and (ii) shall construct a compacted lime -rock road on fill at the
cross - section elevations proposed on the Tree Farm Road/Woodcrest Drive roadway
plans prepared by CH2M -Hill from that point shown on Exhibit "C ", Section B -B and
Section C -C to the intersection of Woodcrest Drive and Acremaker Road; provided,
however, that the cost of design, permitting, environmental mitigation, clearing, grading,
acquiring fill and associated construction costs beyond that required to simply place
compacted lime -rock on the existing dirt road as depicted in Exhibit "C" Section C -C
shall be the responsibility of Collier County Public Utilities Division. Bent Creek may
construct these sections of road in phases such that if Bent Creek is ready to permit and
construct that portion of the road referenced in 5(c)(i) herein prior to the Collier County
Public Utilities Division completing its obligations referenced in 5(c)(ii), Bent Creek
shall be permitted to construct the road improvements referenced in 5(c)(i) and shall
complete the road as provided in 5(c)(ii) at such later date when Collier County Public
Utilities has completed its obligations for permitting and financing such construction.
The typical road sections for the Project are set forth in the Exhibit "C ". In addition,
Bent Creek shall also construct the Utilities according to the proposed utility designs in
accordance with the drawings prepared by RWA, Inc. and approved by the Collier
County Public Utilities Division attached hereto as Exhibit "D ".
(d) The County anticipates that its utilities department may desire to make
modifications to the Utilities as depicted in Exhibit "D ". The County shall have a period
of one year from the date the Collier County Board of Commissioners approves this
Amendment within which to design, permit and notify Bent Creek of the required
modifications to the wastewater Utilities. If written notice of design and permit approval
is given within the one year period, then the Utilities shall be modified in accordance
with the modified Utilities as prepared by the County. In the event the County fails to
notify Bent Creek of any required modifications 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
11F lk W
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 convey at no cost to the County the right -of -way necessary
to accommodate the urban collector road section along the eastern boundary of the Bent
Creek Preserve RPUD, the legal description and sketch of which is attached hereto as
Exhibit "E ", within ninety days of approval of this Developer Agreement, which ninety
day period may be extended by the County Manager, or his designee, for good cause
shown. In addition to providing County a warranty deed to the proposed right -of -way,
developer shall provide County an attorney's opinion of title to the proposed right -of-
way, and shall do all things reasonable and necessary to secure release(s) from the lien of
any mortgage(s), judgment, lease, and / or the removal of any other lien placed upon the
proposed right -of -way in accordance with the provisions of Chapter 713, Florida Statutes,
at no cost to County. Bent Creek shall cooperate with the County in connection with the
relocation, subordination, and / or release of any easements encumbering the proposed
right -of -way. Bent Creek shall complete the construction of the Project no later than the
earlier to occur of (a) the issuance of the 150th building permit within the Development;
or (b) two years from Bent Creek's commencement of land development (horizontal
improvements) at the Development; or (c) one year from the date Bent Creek obtains
permits for the Project, unless delays in permitting or delays caused by the County
requiring modifications to the Utilities as provided in 5(c) above cause the
commencement of the Project to be delayed, in which event the time period to complete
construction of the Project shall be extended day- for -day for the number of days in which
the any such delays have delayed commencement of the Project. The Project
improvements described herein, water management, and the right -of -way conveyance
shall not be eligible for road impact fee credits. Bent Creek shall fully cooperate with the
County Public Utilities Division in the construction of any modified Utilities once the
County Public Utilities Division has fully designed, financed, permitted, and
environmentally mitigated the modified plans for the construction of water, wastewater
and irrigation quality water facilities within the proposed Tree Farm Road/Woodcrest
Drive project limits. In addition, Bent Creek shall connect to the Collier County
wastewater system at one point on Woodcrest Drive via one submaster pump station
design with variable frequency drives as approved by County planning and project
management staff.
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(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.
6. Bent Creek shall be solely responsible for all costs associated with the
design, permitting and construction costs for utilities associated with the Project. No
impact fees shall be granted for any of these costs.
7. Bent Creek shall receive Road Impact Fee credits in the amount of
$1,105,632.00 as full compensation for the prior and future Right -of -Way purchases as
described in paragraph two above. A copy of the Impact Fee Ledger, setting forth the
amount of Impact Fee Credits granted pursuant to this Agreement, is attached as Exhibit
«F„
8. The credit for Road Impact Fees identified herein shall run with the
Development and shall be reduced by the entire amount of each Road Impact Fee due for
each Building Permit issued thereon until the Development 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
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Development to construct 450 single family dwelling units for the purposes of meeting
the County's Transportation Concurrency requirements. Final calculation of the
remaining road and other impact fees due will be based on the impact fee schedule in
effect at the time of the submittal of the building permits and shall be paid in full prior to
issuance of each building permit.
10. In the event that upon build -out of the Development the Road Impact Fee
Credits are still unspent, the remaining balance of such estimated fees may, at Bent
Creek's election (1) be transferred to another approved project within the same, or
adjacent transportation impact fee district, provided any vested entitlements associated
with the unspent and transferred impact fee credits are relinquished and the Certificate is
modified to delete those entitlements, or (2) be promptly returned to Bent Creek. Such
reimbursement shall be made over a period of five years from the date of completion of
the development as determined by the County, subject to annual appropriation by the
County.
11. Bent Creek, at its sole cost and expense to permit and contract, may
excavate additional material from the County's roadway drainage pond adjacent to the
Bent Creek Preserve RPUD. Bent Creek, at its sole cost and expense to permit and
contract, may fill the County's roadway drainage pond within the Bent Creek Preserve
RPUD as long as drainage from Immokalee Road that currently is routed to this drainage
pond is accommodated and permitted within the Bent Creek Preserve storm water
management system.
12. The Project shall be submitted for review, permitting and inspection
through the Collier County Engineering Services Department and the Collier County
Transportation Right -Of -Way Department. All permit applications will be filed on behalf
of the County. Final acceptance shall be consistent with 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'
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compliance with the terms of this Agreement, then in such event this Agreement shall be
modified or revoked as is necessary to comply with such laws, in a manner which best
reflects the intent of this Agreement.
17. Except as otherwise provided herein, this Agreement shall only be
amended by mutual written consent of the parties hereto or by their successors in interest.
All notices and other communications required or permitted hereunder shall be in writing
and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized
overnight delivery service, and addressed as follows:
To County:
Attn: Nick Casalanguida
2800 N. Horseshoe Drive
Naples, Florida 34104
Phone: (239) 252 -6064
To Bent Creek Preserve, LLC:
Attn: Robert Stiegele and Jeff Kronengold
825 Coral Ridge Drive
Coral Springs, FL 33071
Phone: (954) 344 -8040
Facsimile: (954) 344 -4176
To Calusa Pines Golf Club, LLC:
Attn: Chris Johnson
20 North Wacker Drive, #1750
Chicago, IL 60606
Phone: (312) 422 -5466
Facsimile: (312) 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
0
11F INN
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
SIGNATURE PAGE TO FOLLOW
10
11F'��A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest:
DWIGHT'' BROOK, Clerk
By: -E
ut Clerk
AS TO BENT CREEK:
Signed, sealed and deliv ed
in the pin
gvarare
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF BROWARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By; (/J. r-
FRED COYLE, Chairman
BENT CREEK PRESERVE, LLC, f /k/a
CENTERLINE HOMES ENTERPRISES
THREE, ,L a rida limited liability
company ,--) 171- -y �
By: C-
Name:
Title: V.
The foregoing instrument was acknowledged before me this 4 day of
s>LA h e 2012, by 4eA �' {;�(�'f� , as U:Ce ��r�.14.�- of Bent Creek
Preserve, LLC, f/k/a Centerline Homes Enterprises Three, LLC, a Florida limited liability
company, who is personally known to me or has produced
as identification.
? L DIANE JORDAN
=' '= MY COMMISSION # DD957895
EXPIRES February 02, 2014
(407) 398 -0153 FloridallotaryService.com
11-1� L t-a�
Notary Public
My Commission Expires:
AS TO CALUSA:
Signed, sealed and delivered
in the presence o
Signa ure
A,64 -AL/4- WJ --r
Printed Name
igna re
Printed Name
STATE OF Pt61 X-LL -i AJOIS'
COUNTY OF COL14ER (f&p 4f-
11F ON
CALUSA PINES GOLF CLUB, L.L.C., a
Florid imited liability company
By:
Name: _ g--,
Title: YL(e�.r -(> �✓1.�
The foregoing instrument was acknowledged before me this / ? day of
Ju,t, 2012, byl�,� , s ue,- /o� as Calusa Pines
Golf Club, L.L.C., a Florida limited liability company, hw s personally known to me
or has produced as identification.
official seal
Maria E Vakos
Notary Public State of IlUnois Notary Pu lic
1.,4y Commission Expires 05/21/2014 My Commission Expires:
12
11F ��A�
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:
the pres
Signed, sealed and delivered,{y /�/
,iiunntnre
STATE OF FLORIDA
COUNTY OF BROWARD
WELLS FA NK, N.A.
By:
Name: 64 UO Z:vKrcift.
Title: d«C- w6siyet-1 i
Th foregoing instrument was acknowledged before me this j day of
2012, byV(►r►E:�yattKa>~K, as Vice P�sident of Wells Fargo
BaYk, N.A., who is personally known to me _ ✓ or has produced
as identification.
,,a
Notary Public
My Commission Expires:
J�4►RY ''•., IRINA SHKOI.NIK
•= Notary Public - State of Florida
My Comm. Expires Dec 20. 2013
•%;FOCr�d:•` Commission # DD 945201
'nn�ua
13
11F RiA
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 Credit Ledger
Exhibit "G" Estimates for Temporary Utility Connections (Options 1 and 2)
14
EXHIBIT A
MASTER PLAN
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PRESERVE.LLC BENT CREEK PRESERVE �i T`
RPUD Julian Bryan IJ A1A
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Bent Creek Preserve PL- 2011 -1497 Page 9 of 15
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Bent Creek Preserve PL- 2011 -1497 Page 9 of 15
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® PROPOSED RIGHT OF WAY
OR OFFICIAL RECORD BOOK /PAGE
LEGAL DESCRIPTION FOR PARCEL 109
Z C
O A m
WATERWAYS JOINT VENTURE V N
TAX PARCEL 1.0 26 -48 -26 Tn
OR 3408/2611 �
� O Z
� O �
CALUSA PINES
TAX PARCEL 4.0 25 -48 -26
OR 2726/1729
I F
W
POINT OF
SKETCH &DESCRIPTION OF: PROPOSED RIGHT—OF—WAY
BEGINNING
W
t0
� N
O EAST 1/4 CORNER
a
COLLIER COUNTY, FLORIDA
SECTION 26
U
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LINE TABLE
J
3S'
LINE
BEARING
LENGTH
L1
S89'59'40Y/
35.03'
L2
S89'59'07'E
35.03'
L3
N89'59'21 -W
30.03'
L4
S02719'44'E
1 267.80'
L3 L5
589'58'28 "E
1 30.03'
WATERWAYS JOINT VENTURE V
TAX PARCEL 15.0 26 -48 -26
OR 3494/801 —
WATERWAYS JOINT VENTURE V
TAX PARCEL 8.0 26 -48 -26
OR 3494/799
35'
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE 5.02'18'34 "E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF
THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE S.89'59'40 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 35.03 FEET;
THENCE N.02'18'34 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID
SECTION 26, FOR 667.31 FEET;
THENCE N.02'19'44 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, 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 S.89'59'07 "E. ALONG SAID NORTH LINE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26;
THENCE S.02'1 9'44"E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE N.89'59'21 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE
PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS;
THENCE S.02'1 9'44"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 ib0 300 600
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE: 1' =300'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS
By:
DENNIS S. MILLER, PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATIO N CER LATE NO. 5626
SIGNING DATE
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
WOODCREST DRIVE
POINT OF
SKETCH &DESCRIPTION OF: PROPOSED RIGHT—OF—WAY
BEGINNING
Z N
O
� N
O EAST 1/4 CORNER
a
COLLIER COUNTY, FLORIDA
SECTION 26
W
W
W
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p
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M m
rn
rn i 00
J
00 rJ
W
J �'
w
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER (1/4) CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
THENCE 5.02'18'34 "E. ALONG THE EAST LINE OF SAID SECTION 26, FOR 668.73 FEET TO THE SOUTHEAST CORNER OF
THE PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 799, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE S.89'59'40 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 35.03 FEET;
THENCE N.02'18'34 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO THE EAST LINE OF SAID
SECTION 26, FOR 667.31 FEET;
THENCE N.02'19'44 "W. ALONG A LINE LYING 35.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, 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 S.89'59'07 "E. ALONG SAID NORTH LINE, FOR 35.03 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 26;
THENCE S.02'1 9'44"E. ALONG SAID EAST LINE, FOR 1,070.29 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL;
THENCE N.89'59'21 "W. ALONG THE SOUTH LINE OF SAID PARCEL, FOR 30.03 FEET TO THE NORTHEAST CORNER OF THE
PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3494, PAGE 801, OF SAID PUBLIC RECORDS;
THENCE S.02'1 9'44"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 ib0 300 600
SKETCH & DESCRIPTION ONLY
NOT A BOUNDARY SURVEY SCALE: 1' =300'
FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMINSSIONERS
By:
DENNIS S. MILLER, PROFESSIONAL SURVEYOR & MAPPER
FLORIDA REGISTRATIO N CER LATE NO. 5626
SIGNING DATE
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF
A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.
WOODCREST DRIVE
W IA//% =-
SKETCH &DESCRIPTION OF: PROPOSED RIGHT—OF—WAY
CONSULTING CYRFngmeamg
j t T TL 1 s—q(ag & mwi g
PARCEL 109
6610 Willow Park Drlve, Suite 200
COLLIER COUNTY, FLORIDA
Naples, Florid. 34109
Phone: (239) 597 -0575 FAX: (239) 597 -0578
LB No.: 6952
JOB NUMBER I REVISION I SECTION I TOWNSHIP I RANGE SCALE DATE DRAWN BY I FILE NAME I SHEET
030008.00.06 0001 26 48S 26E 1" = 300' 05/10/07 1 PTN SK 109 1 OF 1
EXHIBIT F
DEVELOPER AGREEMENT
ROAD IMPACT FEE CREDIT LEDGER
11F
Impact fee ledger Beginning Balancel $1,105,632.00
DATE PERMIT # CREDIT AMT BALANCE COMMENTS
Beginning Balance $1,105,632.00
F— )CY-\t\-3,� G
DAATA'" V -Ua� ation
C C) N S i LT I N G Civil Engineering
1 t T T1 1 Surveying, & Mapping
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
Forcemain
OPTION #1 Force Main
11F jl
Sub -Total FM Option #1
With 10% Contingency
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.
$120,036.25
$132,039.88
0: \2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xls 1 of 2
UNIT
I QUANTITY
I U I
COST
TOTAL
Mobilization
LS
1
$4,000.00
$4,000.00
M.O.T.
LS
1
$3,500.00
$3,500.00
Staked Silt Fence
LF
1,913
$1.25
$2,391.25
Floating Turbidity Barrier
LF
100
$18.50
$1,850.00
Misc. Clearing & Removal
LS
1
$2,000.00
$2,000.00
F.M. Hot Tap (16 "x6 ") & Tie -in
EA
1
$3,500.00
$3,500.00
6" Directional Drill under Immokalee & Canal, 50 taper from 20' Depth to Yon Quarry
LF
300
$150.00
$45,000.00
6" HDPE Carrier Pipe
LF
300
$22.00
$6,600.00
Connection from HDPE to PVC
EA
2
$500.00
$1,000.00
Install 6" PVC F.M., (1275' Woodcrest Drive, 638' along Quarry Drive)
LF
1,913
$15.00
$28,695.00
6" Plug Valves, F.M.
EA
4
$1,500.00
$6,000.00
A.R.V. for F. M.
EA
2
$1,500.00
$3,000.00
Fine Grading Area for Sod
SY
2,500
$0.50
$1,250.00
Sodding, Bahia
SY
2,500
$1.50
$3,750.00
Landscape Allowance
LS
1
$7,500.00
$7,500.00
Sub -Total FM Option #1
With 10% Contingency
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.
$120,036.25
$132,039.88
0: \2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xls 1 of 2
IF �W
INC.
/ ! \
DXX Visualization
L.O N S U I.T I iA G Civil L-ngineering
Z t T TL 1 Surveying & Mapping
TEMPORARY
BENT CREEK OFFSITE UTILITY CONNECTIONS OPTIONS
Forcemain
OPTION #2 Force Main
Sub -Total FM Option #2
With 10% Contingency
Assumptions
1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. Cost savings when two options will be combined
2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary.
$117,462.50
$129,208.75
0: \2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xis 2 of 2
UNIT I
QUANTITY
I COST
I TOTAL
Mobilization
LS
1
$4,000.00
$4,000.00
M.O.T.
LS
1
$3,000.00
$3,000.00
Staked Silt Fence
LF
1,970
$1.25
$2,462.50
Floating Turbdity Barrier
LF
100
$18.50
$1,850.00
Misc. Clearing & Removals
LS
1
$3,300.00
$3,300.00
F.M. Hot Tap (16 "x6 ")
LS
1
$3,500.00
$3,500.00
6 "Directional Drill under Immokalee & Canal, 50 taper from 20' Depth to 3' by Drive
LF
300
$150.00
$45,000.00
6" HDPE Carrier Pipe
LF
300
$22.00
$6,600.00
Connection from HDPE to PVC
EA
2
$500.00
$1,000.00
Install 6" PVC F.M. (1275' Woodcrest Dr., 600' West on Immokalee Rd., 95' to Limestone
LF
1,970
$15.00
$29,550.00
Trail)
6" Plug Valves
LF
4
$1,500.00
$6,000.00
A.R.V. for F.M.
EA
2
$1,500.00
$3,000.00
Fine Grading for Sod
SY
2,600
$0.50
$1,300.00
Sodding, Bahia
SY
2,600
$1.50
$3,900.00
Landscape Allowance
LS
1
$3,000.00
$3,000.00
Sub -Total FM Option #2
With 10% Contingency
Assumptions
1. Assumes each option is standalone, therefore each option has Mobilization, MOT etc. Cost savings when two options will be combined
2. Assumes 6" FM, preliminary design has not been completed therefore this size could vary.
$117,462.50
$129,208.75
0: \2003 \030008.05.03 Bent Creek - Utility Coordination \0001 Offsite Utility Connection Options\2012 -04 -23 Temporary Bent Creek Utility
Options OPC Rev.xis 2 of 2