Backup Documents 12/14/2010 Item #16A 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU]L6 6
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 #I 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 si ature, draw a line throu routing lines #1 through #4 corn lete the checklist and forward to Su Fi l 1' #5
Route to Addressee(s)
(List in routing order)
Office
e son
Initials
( ne
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
' 1 -
2.
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Item Number
3.
' i = t.;,_
i i1
4.
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t 1._1'' %r` ��`
Number of Original
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
2
6. Minutes and Records
Clerk of Court's Office
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
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Phone Number
N/A (Not
Contact
V,, ; ,, � - x, .
(Initial)
' 1 -
-Agenda Date Item was
Original document has been signed/initialed for legal sufficiency. (All documents to be
Agenda Item Number
Approved by the BCC
' i = t.;,_
i i1
Type of Document
Attached
? } l
t 1._1'' %r` ��`
Number of Original
�� ;� -�
Documents Attached
INSTRIICTIONC & CNF.CKr .rc-r
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
avvrovriate.
(Initial)
Applicable)
I.
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
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.
! f
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be 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
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time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
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County Attorney's Office has reviewed the changes, if applicable.
UQ
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date: December 17, 2010
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010 -227: City Gate Commerce Center
Attached for your records is a copy of the document referenced
above (Agenda Item #16A6) adopted by the Board of County
Commissioners on Tuesday, December 14, 2010.
If you should have any questions, please feel free to contact me at
252 -8411.
Thank you.
Attachment (1)
RESOLUTION NO. 102 2 7
16a��
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN CITY GATE
COMMERCE CENTER, PHASE ONE,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES 6
THROUGH 7; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE CITY
GATE COMMERCE CENTER MASTER
PROPERTYOWNERS' ASSOCIATION OR
CITYGATE DEVELOPMENT, LLC.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 24, 2004, approved the plat of City Gate Commerce Center, Phase One for
recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04 -41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Land Development Services Department has inspected the
roadway and drainage improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in City Gate Commerce Center,
Phase One, pursuant to the plat thereof recorded in Plat Book 41, pages 6 through 7, and
the Clerk is hereby authorized to release the maintenance security.
16A6
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Tract "R -2" (City Gate Boulevard North & portion of White Lake
Boulevard as indicated on the recorded plat) will be maintained privately, and will not be
the responsibility of Collier County. The roadway and drainage improvements within
Tract "R -1" (portion of White Lake Boulevard as indicated on the recorded plat) will be
maintained by Collier County as Public road right -of -way.
This Resolution adopted after motion, second and majority vote favoring same,
this —14k�% day of '*btCAmbtee ' , 2010.
DATE,s� I�1,
P'
ATTEST,,' �.
DTE BRI,IER
1, A
Approved as to form and legal
sufficiency:
�7 �
Steven T. Williams
Assistant Collier County Attorney '51.+1°
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Y
FRED W. COYLE, CHAIPMAN
Item # 16
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16e6-�
CONSTRUCTION ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
CITY GATE COMMERCE CENTER, PHASE ONE PLAT
THIS AGREEMENT (the "Escrow Agreement ") is entered into this �� day of
February, 2010 by Citygate Development, LLC, a Florida limited liability company
(hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, (hereinafter, the "Board ") and ROGER B. RICE, P.A.
(hereinafter "Escrow Agent ").
RECITALS:
A. Developer has previously obtained the approval by the Board of a certain plat of
a subdivision known as City Gate Commerce Center Phase Two according to the plat thereof
recorded in Plat Book 41, Pages 6 -7, of the Public Records of Collier County, Florida.
B. The subdivision includes certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ( "Estimate ") prepared by
Hole Montes, Inc. and attached to the February 24`h 2004 Construction Maintenance and
Security Agreement for Subdivision Improvements for City Gate Phase One Plat which was
approved by the Board. For purposes of this Agreement, the "Required Improvements" are
limited to those described in that Estimate.
C. Developer and the Board entered into a Developer Agreement, which is dated
December 1, 2009 and is recorded in the Official Records Book 4517, Page 640, et seq., of the
Public Records of Collier County, which provided, inter alia., that the remaining Phase One Plat
Required Improvements were to:
1. Mill and repave the areas of White Lake Blvd. as shown on Exhibit K of
the Developer Agreement; and
2. Remark and stripe all Phase One Plat roadways with thermo markings and
striping.
D. Developer has completed the milling and repaving of White Lake Blvd. in
accordance with Exhibit K of the Developer Agreement.
E. The remarking and restriping of all the Phase One Plat roadways with thermo
markings and striping are the remaining Phase One Plat Required Improvements.
F. The Developer's Engineer's current estimate of the remaining costs to be
incurred to complete the remarking and restriping of all Phase One Plat roadways with
thermo markings and striping is $20,988.96.
G. In conjunction with entering into this escrow agreement (the "Escrow
Agreement ") Developer has deposited with Escrow Agent $23,087.86 to guaranty the completion
of the remaining Required Improvements.
Page 1 of 5
r
H. Developer and the Board have acknowledged that the amount Developer is currently
required to guarantee pursuant to this Agreement is $23,087.86 and that this amount represents
the current estimate of the remaining costs to be incurred to complete the remaining Required
Improvements plus 10% of the estimated cost of the remaining 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. That the remarking and restriping of all the Phase One Plat roadways with thermo
markings and striping are the remaining Phase One Plat Required Improvements (hereinafter
"Remaining Required Improvements ").
2. Developer will cause the Remaining Required Improvements to be constructed pursuant
to specifications that have been approved by the County Manager or his designee, by September
1, 2010.
3. Developer hereby authorizes Escrow Agent to hold $23,087.86 (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 Escrow 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; and
further, that upon completion of the work, the County Manager or his designee shall approve
the release of any remainder of Escrow Funds. However, if Developer fails 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 Escrow Funds, 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 Escrow Funds then held in escrow;
(c) The Escrow Funds drawn down by the County shall be used for construction of
the remaining Required Improvements, engineering, legal and contingent costs and
expenses, and to offset any damages, either direct or consequential, which the County
Page 2of5
16A 6
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 Escrow Funds
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 the 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 funds
disbursed in accordance with the letter of authorization from the County.
6. The Remaining Required Improvements shall not be considered complete until a
statement of substantial completion by Developer's engineer and such work has been 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 after receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his approval
of the Remaining Required Improvements; or b) notify the Developer in writing of his refusal
to approve the Remaining Required Improvements, therewith 'specifying those conditions which
the Developer must fulfill in order to obtain the approval of the Remaining Required
Improvements. However, in no event shall the County Manager or his designee refuse approval
of the Remaining Required Improvements if they are, in fact, constructed and submitted for
approval in accordance with the requirements of this Agreement.
8. If the undisbursed portion of the Escrow Funds is insufficient to complete the
Remaining Required Improvements, the Board, after duly considering the public interest, may
(at its option) complete the Remaining 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
permitted by the terms of this Escrow Agreement.
10. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives effective as of the �gday of
�/ Cj� , , 2010.
Page 3 of 5
Signed, sealed and delivered
R
itn ss inted Name
Witness Signature
Witness Printed Name
Citygate Development, LLC,
a Florida limited liability company
K PseplfR. Weber
ts,/Vice President
e10
16A
STATE OF...()j1-j0
COUNTY OF
The foregoing instrument was acknowledged before me this day of 10,
by Joseph R. Weber, as Vice President of Citygate Development, LLC4,a��Florida- mited
liability company, who is personally known to me or has produced — as
identification.
My Comn'ission Expires'--
/q. ZU11
WJ'NESSES:
A1TE-.qT:
Witness Signat,
Witness Printed Name
Witness Signature
te
Witness Printed-dSW
A RK
Jubw
Notary Public
Print Name:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
By: t & r b
Its Cnairperson
WITNESSES:
Witness Signatur0
LUrr" )�' 7a vy`
Witness Printed Name
Witness Signature
Witness Printed Name
ESCROW AGENT:
ROGER B. RICE, P.A.
By: Roge . Rice
Its President
16A
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this day of , 2010,
by Roger B. Rice as President of Roger B. Rice, P.A, who is personally known to nFe or has
produced as identification.
otary Public
Print Name: .u►.v A 2A✓ %6,11 i
My Commission Expires:
NOTARY PUBLIC -STATE 01' 1101,
Laura A. Zambelli
Commission # DD531645
Fxnires: 14EAR. 22, 2010
Bonded 'I nr� ,Atlantic Bonding co., Inc.
Page 5 of 5
D
16A 6
EXHIBIT 1
BONNESS INC.
PWk* and $Wwoo Conomwm
1990 Sewed Avenue
Naples. Plodda 341o9
(959) 597 -6991 • (939) 597 -74 16 Itx
wwmbonn=lnc.com
Proposal 1/5/2010
Submitted To: Qty Gabe Development, LLC ' Eatlmate Number: 53532009
Addwas: 6021 Trophy Drive
Suite 503
Naples, FL 34110
i•" ..7
Phones (239) 5985270 Fax: (239) 598-5271
Bid Title: QtY Gate Commerce Center -
Thermopiastk Striping RVSD 1.5.2010
Project Location: Qty Gabe SW A Utilities Dr
Project City, State; Naples, FL
li ftineer /Architect:
Item * item D Estimated Oft n Unit 1
B!v slate
01
Dribs
FDOT Arrow
02
"OW Pvmnt McMae
03
6" White Sldp
04
6' Solid White
05
24' Slid White
06
6` Yellow Skip
07
Ravwhite RPM
08
an RPM
Total Price for above City Gate Drtvaa hems+
�!v Cate
81vd Nerl6
FDOT Arrow
09
10
6" SoBd White
11
18' Solid White
12
6" White Sldp
13
White 7?urmopiasUc International Crosswalk
14
Red/White RPM
15
Blue RPM
Total Price for above City Gate Blvd North items:
16
Mar Arrow
17
6" Solid White
18
24" Solid White Stop Bars
19
12" White Crosswalk
20
Red/Whibe RPM
21
Blue RPM
1/201011:27:30 AM
18.00 EACH
6.00 EADi
120.00 LF
200.00 LF
128.00 LF
180.00 LF
20.00 EACH
1.00 EAOi
$3,667At1
8.00 EACH
500.00 LF
200.00 LF
70.00 LF
216.00 LF
55.00 EACH
1.00 EAO}i
$2,620.04
11.00 EACH
190.00 LF
65.00 LF
140.00 LF
20.00 EACH
1.00 EACH
Pape 1 of 2
16A 6
BONNIESs INC.
1990 Sewall Avenue
NaPies. Mdda 34109
,. (239) 597.6441 • (239) 597.7418 Pax
wwVRbonnefdnc com
Total Price for above Whits L2" Bhfd (CitY Gabe Blvd North To City Gabe Drive) Items:
22
6" Sold While
23
"Only' Pvmnt Messgas
24
FDOT Arrow
25
6" Whoa SWp
26
24" Solid While Stop Bars
27
Double 6" Sold Yellow Thermoplastic
28
6" Solid Yellow
29
18" Solid Yellow
30
Road Paint Temp/parrn
31
Red/Whlle RPM
32
Amber RPM
33
Blue RPM
#1,979.51
3r485•00 LF
2.00 EACH
21.00 EACH
520.00 LF
36.00 LF
2,120.00 LF
2,200.00 UNIT
360.00 UNIT
1.00 EACH
20.00 EACH
45.00 EACH
3.00 EACH
Total Price for above White Lake Blvd (City Sate Drive To Curve) Ite ns: $12AU92
Total Bid Price $20,980.96
Notes: • Subject to prompt acceptance within 30 days and to all condtions sti dated on the reverse side, we agree to
Urdsh materials and labor at the priae(s) set fortis above
• Bonness Inc. k not responsible br asphalt damages caused by others.
• Bonding Is not included, if mqutrod please add 196. :
• Proposal lewd on request to reships CRY Gabe Commence Center with thermoplastic maridngs.
• The above bra kout of listed items are for oomperisort purposes only. 7N9 is a Lump Sum proposal.
• Permits, fees, layout; survey, aster and besting by others.
• Pavement medit and signage pricing ndfkb one applkation of thermoplastic mm*kW on existing painted
pavement mKWngs.
• The above proposal is for Wed bms only.
• Revised for Date Only.
Payment Terns: Payment due withln 30 days of date of invoke;, reordlem of when payment Is made by Owner
ACCEPTED:
CONFIRMED:
The above prkok spedfications and conditions are satlsfactxy
Bonness Inc.
and hereby acoepbed.
Buys'
Signature:
Authorbad
Signature: '
Date of Acceptance:
Estimator:
1/54010 11:27.30 AM
Page 2 of 2
Roger B. Rice
Attorney at Law
9010 Strada Stell Court
Suite 207
Naples, Florida 34109
Phone: 239 -593 -1002
February 12, 2010
Mr. John Houldsworth
Senior Engineer
Collier County Development Services
2800 North. Horseshoe Drive
Naples, FL 34104
Re: City Gate Commerce Center, Phase One Plat
Dear Mr. Houldsworth,
16A
Facsimile: 239 -593 -1309
Enclosed herewith please find the original signed Construction Escrow Agreement for
Subdivision Improvements for City Gate Commerce Center, Phase One Plat.
Very truly yours,
Rog6 B. Rice L-Z
la-gill
Enclosures (as stated)
16A 6
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
ENGINEERING REVIEW DEPARTMENT
TO: Ian Mitchell, Supervisor BCC Operations
FROM: John R. Houldsworth, Senior Engine y
DATE: February 23, 2010
RE: City Gate Commerce Center, Phase One 20 0 �-
A
On February 24, 2004, the BCC approved the final plat of City Gate Commerce Center,
Phase One, and the Standard Form Agreement. The developer wishes to exchange the
current security and replace same with a Construction, Maintenance and Escrow
Agreement for Subdivision Improvements. Section 10.02.05 A.4 provides for this
procedure.
10.02.05 A.4
Posting of subdivision performance security. Approval of the final subdivision
plat shall not entitle the final subdivision plat to be recorded unless the required
improvements have been completed by or for the applicant and accepted by the
county, or the required subdivision performance security for the construction of
the required improvements, both on -site and off -site, has been posted by the
applicant, in a format approved by the county attorney, and approved and
accepted by the Board of County Commissioners or the County Manager or his
designee, or his designee, on behalf of the board. Once the form of a
subdivision performance security has been approved and accepted alternate
securities, in a format approved by the county attorney, may be approved by the
community development and environmental administrator, or his designee on
behalf of the board.
t/ Please obtain the Chairman's signature and forward to BCC Minutes & Records for
filing.
2�23��0
16A 6
carnival from February 26 through March 7, 2004, on property located
at 110 North ls` Street in Immokalee.
CP 2004 -02
3) Request to approve for recording the final plat of "White Lake
Corporate Park Phase Four ", and approval of the Standard Form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
4) Request to approve for recording the final plat of "Terrabella of
Pelican Marsh Unit Two ", and approval of the Standard Form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
5) Petition CARNY- 2004 -AR -5343, Peg Ruby, Special Events
Coordinator, Collier County Parks and Recreation, requesting a permit
to conduct the annual Country Jamboree Carnival on March 12, 13
and 14, 2004, in the Vineyards Community Park at 6231 Arbor
Boulevard, Naples.
CP 2004 -03
6) Request to approve for recording the final plat of "Cayo Costa, Unit
One ", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
7) Request to approve for recording the final plat of "City Gate
Commerce Center, Phase One ", and approval of the Standard Form
Construction and Maintenance Agreement and approval of the amount
of the performance security; and accept certain required off site
drainage easements which are associated with this project.
W /stipulations
B. TRANSPORTATION SERVICES
1) Award Work Order No. UC -090 to Douglas N. Higgins, Inc., for the
Palm Street Outfall Project (Project No. 51804) in the amount of
$594,525.00, approve two donation agreements, and accept two
9
February 24, 2004