Backup Documents 09/11-12/2012 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16AIo 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 41 through #4 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the
exception of the Chairman's sienature_ draw a line through routine lines #I through 44, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
(Initial)
Applicable)
2.
September 11, 2012
Agenda Item Number
16A10
3.
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
4. Emily Pepin, Assistant County
Attorney
County Attorney
Number of Original
a
- l 1 01 13/
5. Ian Mitchell, BCC Executive Manager
Board of County Commissioners
Documents Attached
6. Minutes and Records
Clerk of Court's Office
1
(q /,
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
item.)
Name of Primary Staff
John Houldsworth
Phone Number
252 -5757
Contact
(Initial)
Applicable)
Agenda Date Item was
September 11, 2012
Agenda Item Number
16A10
Approved by the BCC
Chairman, with the exception of most letters, must be reviewed and signed by the Office of the
Type of Document
Construction, Maintenance & Escrow
Number of Original
1
Attached
Agreement with Habitat for Humanity
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
«matter _number » /«document_numbern
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate.
Yes
N/A (Not
(Initial)
Applicable)
1.
Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the
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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 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
N/A
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
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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
EP
initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip should be
N/A
provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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 09/11/12 and all changes made during the meeting
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have been incorporated in the attached document. The County Attorney's Office has reviewed
W
the changes, if applicable.
I
.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2,24.05
«matter _number » /«document_numbern
MEMORANDUM
Date: September 14, 2012
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction, Maintenance & Escrow Agreement
w/Habitat for Humanity
Attached for your records is a copy of the document referenced
above (Agenda Item #16A10) adopted by the Board of County
Commissioners on Tuesday, September 11, 2012.
If you should have any questions, please feel free to contact me at
252 -8411.
Thank you.
16A10
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR LAKE EXCAVATION
THIS AGREEMENT entered into this t I day of , 2012, by Habitat for
Humanity of Collier County Inc (hereinafter "Developer "), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board ") and Porter
Wright Morris & Arthur IOTA Account (hereinafter "Escrow Agent ").
RECITALS:
A. Pursuant to Art. IV of the Laws and Ordinances of Collier County, Developer has applied
to Collier County for approval of a Lake Excavation Permit: Faith Landing Phase 1, Permit No.
60.029.
B. The Lake Excavation will include certain improvements which are required by Collier
County ordinances, as set forth in a Lake Excavation cost ( "Estimate ") prepared by Johnson
Engineering, 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 Unified Land Development
Code (LDC), as well as Art. IV of the Code of Laws and Ordinances of Collier County requires
the Developer to provide appropriate guarantees for the construction and maintenance of the
Required Improvements.
D. Escrow Agent has entered into a construction escrow agreement with Developer, Account
No. 0000240167395 (the "Escrow Agreement ") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $28,426.00, and this amount represents 100% of the
Developer's engineer's estimate of the construction costs for 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:
16A10
1. Developer will cause the storm water lake(s), littoral plantings, and the Required
Improvements, to be constructed pursuant to specifications that have been approved by
the County Manager or his designee within 12 months from the date of approval of said
Excavation Permit.
2. Developer hereby authorizes Escrow Agent to hold $28,426.00 from the Escrow
Agreement, in escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold in escrow $28,426.00 from the Escrow Agreement, to be
disbursed only pursuant to this Agreement. Escrow Agent acknowledges that this
Agreement shall not constitute a draw against the Escrow Agreement fund, but that only
such funds as are actually disbursed, whether pursuant to this Agreement or a provision
of the Escrow Agreement, shall accrue interest.
4. The escrowed 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 may approve the release of any remainder of escrowed funds
except to the extent of $2,842.60, which shall remain in escrow as a Developer guaranty
of survival of 80% of the littoral plantings for a minimum period of one (1) year pursuant
to Article IV of the Code of Laws and Ordinances of Collier County.
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
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16AI01
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 Escrow Agent 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 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 including Lake Cross Sections have been furnished to be reviewed and approved
by the County Manager or his designee for compliance with the Collier County
Subdivision Regulations and Art. IV of the Code of Laws and Ordinances of Collier
County.
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.
3
16A10
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 provision;
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 year after preliminary
approval by the County Manager or his designee. After the one 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
Agents responsibility to the Board under this Agreement is 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 Lender.
12. This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which , taken together, shall constitute one and the same agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
4
16A10
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this l % day of 5 1 92012.
Attest:
DWIGHT E. BROCK, Clerk
t ,Cyt Ekrk
SIGNED IN THE PRESENCE OF:
Witness to oth:
Signature
Printed Name
Signature
ic < Kaal"qhnr�5 -
Printed Name
Approved as to form
and legal sufficiency:
a
Pepin Emily
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
-44abitat for Humanity of Collier County, Inc.
In
Samuel J Durso, as President
By: � /i�� —
W. Jeffr il, rtn in Charge
Porter Wright Morris & Arthur, LLP
Agetida
Date
9 Il (Z
Date
Q ��Z
Re,,
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CNputy Clerk
16A10
Faith Landing Phase 1
Excavation Bond Calculation - July 03, 2012
Collier County PPL -AR -12639 and Excavation Permit # 60.029
ITEM DESCRIPTION
UNIT
QUANT.
UNIT COST REQUIRED BOND AMOUNT
LENGTH OF LAKE BANK AT CONTROL ELEVATION
LF
1421.3
$20.00 $28,426.00
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