Backup Documents 09/11-12/2012 Item #16A1216Al2
MEMORANDUM
Date: September 18, 2012
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction and Maintenance Agreement for
Esperanza Place, PPLA- PL20120001151
Attached for your records is a copy of the document referenced
above (Agenda Item #16Al2) 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.
[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.: � /;z' �—z I 0 263
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
ij�
Date: May 21, 20t2 Tune 28, 2012- August 7, 2012 AR- PL20120001151
To: Office of the County Attorney, Attention: Steve Will °'Ii'fiFmily Pekin
From: John R. Houldsworth, Senior Engineer
Development Services Engineering Rev
Re: Esperana Place e
„�,1
BACKGROUND OF REQUEST /PROBLEM:
Please review attached mina final plat for legal sufficiency.
(Are there documents or other information needed to review this matter ?) n
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
q is3)1 &
ACTION REQUESTED: Review, execute if found to be sufficient an(ft-IOLD in office until
9/11/12. Construction & Maintenance Agreement and Letter of Credit forthcoming prior to
recordation.
OTHER COMMENTS:
A002—bQ$ t- 1oOSou)rt
[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.: (' ) 12, — C 15 0 9-96.
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE rig
REQUEST FOR LEGAL SERVICES
Date: August 8, 2012
To: Office of the County Attorney, Attention: Emily Pepin
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Esperanza Place
BACKGROUND OF REQUEST /PROBLEM:
164 12
f -H7
9/89) �If 7��L
q�az/ao�a
Please review attached Construction & Maintenance Agreement and Letter of Credit for legal
sufficiency. This plat was previously approved by the BCC, but when the Owner decided to
record the plat, the development was Phased. We fell that the revision was significant enough to
require re- approval by the BCC.
(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.
OTHER COMMENTS: Please Hold until 9 /11/12
BCC 9/11/12 16 -Al2
Affordable Housing, we want to record plat after BCC
meeting of Sept. 11th
16g1Z
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS is entered into this JIM day of %6K. , 2012 by THE
EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORATION, a Florida not - for - profit corporation (hereinafter
"Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter the "Board ").
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: Esperanza Place.
B. Chapters 4 and 10 of the Collier County Land Development Code require the
Developer to post appropriate guarantees for the construction of the improvements required by
said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed storm drainage and paving_ pursuant to
specifications that have been approved by the Development Services Director within thirty-six
(36) months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the Required Improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $34,293.00 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate cost
of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
16gi�
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to reduce the
dollar amount of the subdivision performance security on the basis of work complete. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together with
the project records necessary for review by the County Manager or his designee. The County
Manager or his designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
(Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page)
2
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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 WN day of $u`h'f. , 2012.
ATTEST:
A �,, pA
W1
pGHT)Y 1,0&0CK, Clerk
D i ,04 th u
a p t IQlll�11�'!n'�R �
Approved as to form and legal sufficiency:
ssistant Co my Att rney
DEVELOPER:
THE EMPOWERMENT ALLIANCE OF
SOUTHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORATION,
a Florida not - for - profit corporation
By: --
Name: Edw rd ( esk)0-1
Its: Cha; rrnan
BOARD:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
lukw.
Chairman
w`T77FCB
FLORIDA COMMUNITY BANK
IRREVOCABLE STANDBY
LETTER OF CREDIT NO. 2011 -11
16Q12
ISSUER: FLORIDA COMMUNITY BANK, N.A., 1400 North 15" Street, Immokalee, FL 34142,
(hereinafter "Issuer ").
PLACE OF EXPIRY: At issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until 11/22/2012, and shall thereafter be
automatically renewed for successive one -year periods on the anniversary of it's issue unless at least
sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by
registered or certified mail that the Issuer elects not to so renew this Credit.
APPLICANT: The Empowerment Alliance of Southwest Florida Community Development
Corporation, a Florida not - for - profit corporation (hereinafter "Applicant ") whose business address
is 750 South Fifth Street, Immokalee, Florida 34142.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Engineering Review Section, 2800 N. Horseshoe Drive, Naples, FL. 34104.
AMOUNT: $34,293.00 (US) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "The
Empowerment Alliance of Southwest Florida Community Development Corporation has failed
to construct and/or maintain the improvements associated with that certain plat of a subdivision
known as ESPERANZA PLACE or a final inspection satisfactory to Collier County has not been
performed prior to the date of expiry, and satisfactory alternative performance security has not been
provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
FLORIDA COMMUNITY BANK Letter of Credit No. 2011 -11 , dated November 22, 2011 "
The original Letter of Credit and all amendments, if any, must be presented for proper endorsement.
155 North Bridge Street • Labelle, FL 33935
Telephone 863- 675 -1313 • Fax 863- 675 -0930
16Al2
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document, instrument,
or agreement referenced to herein or in which this Letter of Credit relates, and any such reference
shall not be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms
of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
FLORIDA COMMUNITY BANK, N.A.
By:
Print e: :IuDv A. ce-zN bb, r
Title: e
STATE OF VUI
COUNTY OF
The fare gein in$trum nt was acknowledged this day of ; a) , 2011, by
as \J l`� A _P 6 1 of
o�c`n 1 ri on behalf said company, who ki
is personally known to me or [J produce as identification.
Witness my hand and official seal, thisl�a ^!day of U , 2011.
MOENA J. EDWARDS
Notary Seal W)TARY PUBUC Notary Public
STATE OF FLORIDA
Comm# EE117998
Expires 8/1!2015
ENGINEER'S OPINION OF PROBABLE
CONSTRUCTION COSTS
FOR COMPLETION OF
SUBDIVISION IMPROVEMENTS
AT
ESPERANZA PLACE PHASE 1
Prepared by:
Q. Grady Minor & Associates, P.A.
Civil Engineers # Land Surveyors # Planners
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947 -1144
(239)947- 0375(F)
May., 2011
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ESPERANZA PLACE
ENGINEER'S PRELIMINARY OPINION OF PROBABLE COST
SCHEDULE SUMMARY
PHASE 1 (REMAINING)
SCHEDULE
DESCRIPTION
TOTAL PRICE
A
Earthwork
$0.00
B
Paving
$24,920.00
C
Wastewater Collection
$0.00
D
Potable Water Distribution
$0.00
E
Storm Drainage
$0.00
F
Street Lighting
$0.00
G
Landscaping
$0.00
TOTALI
$24,920.00
PHASE 1 (ORIGINAL FOR BONDING PURPOSES)
SCHEDULE
DESCRIPTION
TOTAL PRICE
B
Paving
$70,968.00
E
Storm Drainage
$229765.00
TOTALI
$93,733M
BOND AMOUNT = 10% OF ORIGINAL PLUS 100% OF REMAINING =
$34,293.30
16Q12
ESPERANZA PLACE
ENGINEER'S PRELIMINARY OPINION OF PROBABLE COST
SCHEDULE "A"
EARTHWORK & SITE PREP
Clearing, grubbing and preparation of roadway rights -of -way, and easements areas as designated
by the Engineer in the field including chipping and grinding of all materials on the Owner's
property and then disposal of all residue off the Owner's property, all as specified, per acre
complete. All work in right -of -way is subject to inspection by the owner, Lee County DOT
and FDOT contingent on final acceptance of improvements as shown and specified on the contract
documents.
PHASE 1
ITEM
DESCRIPTION
UNIT
QTY
UNIT
PRICE
TOTAL PRICE
A -1
Clearing and Grubbing
AC
0
$1,500.00
$0.00
A -2
Exotic Plant Removal (mechanical)
AC
0
$2,500.00
$0.00
A -3
Erosion Control -Silt Fence
LF
0
$2.50
$0.00
A -4
Fill*
CY
0
$15.00
$0.00
A -5
Site Grading
LS
0
$10,000.00
$0.00
A -6
Excavation **
CY
0
$3.50
$0.00
TOTAL
$0.00
*From excavation
*For this site only. Additional yardage is off -site and not needed for this project
ESPERANZA PLACE 16 Al2
ENGINEER'S PRELIMINARY OPINION OF PROBABLE COST
SCHEDULE "B"
PAVING
Parking construction complete per the plans and Collier County specifications including stabilized
subgrade, stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an
independent laboratory, roadside fill and grading for full width of right -of -way and easements,
finish grading, seeding and mulch.
PHASE 1 (remaining)
ITEM
DESCRIPTION
UNIT
QTY
UNIT
PRICE
TOTAL PI
B -1
1.5" Aphaltic Concrete (Type S- I1I)(final lift)
SY
2,400
$3.30
$7,(
B -2
6" Limerock Base (compacted and primed)
SY
0
$8.00
$19,;
B -3
12" Stabilized Subgrade
SY
0
$4.00
$10,;
B -4
Type "D" Curb
LF
0
$12.00
B -5
Valley Gutter
LF
0
$7.00
$16,1
B -6
5 ft Sidewalk
LF
1,100
$15.00
$16„
B -5
Signing & Pavement Markings
LS
1
$500.00
$!
TOTAL
$24,9
PHASE 1 (original)
ITEM
DESCRIPTION
UNIT
QTY
UNITz�
PRICE
TOTAL PI
B -1
1.5" Aphaltic Concrete (Type S- III)(final lift)
SY
2,400
$3.30
$7,1,
B -2
6" Limerock Base (compacted and primed)
SY
2,400
$8.00
$19,;
B -3
12" Stabilized Subgrade
SY
2,562
$4.00
$10,;
B -4
Type "D" Curb
LF
0
$12.00
B -5
Valley Gutter
LF
2,300
$7.00
$16,1
B -6
5 ft Sidewalk
LF
1,100
$15.00
$16,!
B -5
Signing & Pavement Markings
LS
1
$1,000.00
$1,(
TOTAL
$70,9
Lo.
;0®
va,
?0.00
'Lfl►
a0.
A&
no,
'off
�� goo
ESPERANZA PLACE
ENGINEER'S OPINION OF PROBALE COST
SCHEDULE "C"
WASTEWATER COLLECTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over - excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, flushing, clean -up including resodding areas previously sodded, seeding
all areas disturbed by construction, providing complete as -built drawings and other items necessary to
complete the system and provide the Owner, DEP and Collier County with a complete working wastewater
collection system as shown on the drawings and specified in these contract documents.
PHASE I
ITEM
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
C -1
8" PVC Sanitary Sewer (avg Cut)
LF
0
$45.00
$0.00
C -2
Manhole 4' Diameter (avg)
EA
0
$3,000.00
$0.00
C -3
6" Sewer Service
EA
0
$500.00
$0.00
On -Site Subtotal $0.00
ESPERANZA PLACE
ENGINEER'S OPINION OF PROBABLE COST
SCHEDULE "D"
POTABLE WATER DISTRIBUTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other
pipelines, all excavation (including rock and over - excavation if necessary), dewatering, bedding material (if
necessary), pipeline installation, back filling (imported fill if necessary), compaction, compaction testing in
roadway areas, pressure testing, disinfecting pipelines, flushing, clean -up including resodding areas previously
sodded, seeding all areas disturbed by construction, providing complete as -built drawings and other items
necessary to complete the system and provide the Owner, DEP and Collier County with a complete working
water distribution system as shown on the drawings and specified in these contract documents.
PHASE 1
ITEM
DESCRIPTION
UNIT
QTY
UNIT
PRICE
TOTAL
PRICE
D -1
8" PVC Water Main
LF
0
$25.00
$0.00
D -2
8" Gate Valve w /Box
EA
0
$1,400.00
$0.00
D -3
Fire Hydrant (Complete Assembly)
EA
0
$3,500.00
$0.00
D -5
water services
EA
0
$500.00
$0.00
D -6
fire services
EA
0
$2,000.00
$0.00
D -7
backflow preventers
EA
0
$1,200.00
$0.00
On -Site Subtotal $0.00
ALL WATER UTILITIES OWNED AND MAINTAINED BY IMMOKALEE WATER -SEWER DISTRICT
ESPERANZA PLACE i6 Al2
ENGINEER'S OPINION OF PROBABLE COSTS
SCHEDULE "E"
STORM DRAINAGE
Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock
removal and disposal off -site (if necessary), installation, backfilling, compaction, compaction testing in road-
way areas, final grading, coordinating with other contractors and utility companies, flushing, clean -up,
seeding, sodding of all areas disturbed by construction, repair of any damage caused by construction and
other items necessary to complete the system and provide the owner, Collier County DOT and FDOT
with a complete working drainage system as shown on the drawings and specified on these contract
documents. Pipe measurement is to the outside of the structures.
PHASE 1 (remaining)
ITEM
DESCRIPTION
UNIT
QTY
UNIT PRICE
TOTAL PRICE
E -1
15" RCP
LF
0
$38.00
$0.00
E -2
18" RCP
LF
0
$46.00
$0.00
E -3
24" RCP
LF
0
$60.00
$0.00
E -4
30" RCP
LF
0
$79.00
$0.00
E -5
Head Walls
EA
0
$1,500.00
$0.00
E -6
Valley Gutter Inlet
EA
0
$3,000.00
$0.00
E -7
Type C Inlet
EA
0
$2,500.00
$0.00
TOTAL
$0.00
ESPERANZA PLACE
ENGINEER'S OPINION OF PROBABLE COSTS
SCHEDULE "F"
STREET LIGHTING
Provide street lights at one light per 200 ft of roadyway.
■•�•J�.Y•1N19•[•)►� •`� • U1►1•r�.•[•1•M[•�It�A�N[yD�
®
Street Light
STREET LIGHTS INSTALLED AND OPERATED BY LCEC
ESPERANZA PLACE
ENGINEER'S OPINION OF PROBABLE COSTS
SCHEDULE "G"
LANDSCAPING
Provide landscaping per landscape plan.
(Remaining for Phase 1 plat area)
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I I EM
DESCKIF I 1UN
UNI Y
Q-Iy
UNI I FRIUL
10 1 AL PRICE
G -1
Buffer Trees
EA
0
$75.00
$0.00
G -2
Buffer Hedge
EA
0
$8.50
$0.00
TOTAL
$0.00