Backup Documents 07/28/2009 Item #16A 4
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CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
CITY GATE COMMERCE CENTER, PHASE TWO PLAT
THIS AGREEMENT (the "Escrow Agreement") is entered into this ~day of
January, 2010 by 850 NWN, LLC, a Florida limited liability company (hereinafter
"Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, (hereinafter, the "Board") and ROGER B. RICE, PA (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 4~ ,Pages ~ -J.Q{;L_ of the Public Records of Collier County,
Florida.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") previously
prepared by or at the direction of the Developer of the subdivision and previously approved
by the Board. For purposes of this Agreement, the "Required Improvements" are limited to
those described in the Estimate.
C. Sections 10.02.05 (C) and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires the Developer to provide appropriate
guarantees for the construction and maintenance of the Required Improvements.
D. In conjunction with entering into this escrow agreement (the "Escrow
Agreement") Developer has deposited with Escrow Agent $3,856,378.53 to guaranty the
completion of the remaining Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is currently
required to guarantee pursuant to this Agreement is $3,856,378.53 and that this amount represents
the Board's current estimate of the remaining costs to be incurred to complete the Required
Improvements plus 10% of the total estimated cost of the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant
and agree as follows:
I. Developer will cause the remammg portions of the Required Improvements to be
constructed pursuant to specifications that have been approved by the County Manager or his
designee, by September I, 2010.
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2. Developer hereby authorizes Escrow Agent to hold $3,856,378.53 (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, less ten
percent (10%); and further, that upon completion of the work, the County Manager or his
designee shall approve the release of any remainder of Escrow Funds except to the extent of
$350,580 which shall remain in escrow as a Developer guaranty of maintenance of the
Required Improvements for a minimum period of one (I) year pursuant to Paragraph 10 of this
Agreement. 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 Required Improvements, engineering, legal and contingent costs and expenses,
and to offset any damages, either direct or consequential, which the County may
sustain on account of the failure of the Developer to carry out and execute the above-
mentioned development work; and
(d) The County will promptly repay to the Developer any portion of the 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 Devcloper of the Escrow Agent for the funds
disbursed in accordance with the letter of authorization from the County.
6. 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 and reviewed and approved by the County Manager or his designee for compliance
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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
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 preliminary approval of the Required Improvements. However,
in no event shall the County Manager or his designee refuse preliminary approval of the
improvements if they are, in fact, constructed and submitted for approval in accordance with
the requirements of this Agreement.
8. If the undisbursed portion of the Escrow Funds is 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
permitted by the terms of this Escrow Agreement.
10. The Developer shall maintain all Required Improvements for one (I) year after
preliminary approval of the Required Improvements by the County Manager or his
designee. After the one (I) year maintenance period by the Developcr 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 of such irnprovements by the Board, the Escrow Agent's responsibility to the
Board under this Agreement shall automatically terminate. The Developer's responsibility fIX
maintenance of the Required Improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
il. 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 causetJ this
Agreement to be executed by their duly authorized representatives effective as of the ~ Clay of
j~I.J\IA~i ,2010.
Signed, sealed and delivered
in the prcsenee of:
WrINESSES:
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Witness Printed Name
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850 NWN, LLC,
,~ Flor)id, a limited liabilijcon "p,any(
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Ry)oseph;,R. Weber
It,'Vice President
ST ATE OF --'~~_____
COUNTY OF , II'" i , "
Tbe foregoing instrument was acknowledged before me this _J-'---- day ot~i~_, 2009", by
,Joseph R. Weber, as Vice President of850 NWN, LLC, a Florida limited liability company, who
is person~lIYJ~,,-wnt() }}le or has produced as identification.
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Witness Signature
Witness Printed Name
Witness Signature
Witnc.ss Printed Name
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DI~HT E. BROCK. ClERK
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N6tary Public
Print Name:
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COLI.IER COUNTY BOARD OF COUNTY
COMMISSIONERS
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STATE OF FLORIDA
COUNTY OF COLLIER "_-------'
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The foregoing instrument was acknowledged befor s day of ,2010,
by , as rson of the Board of County Commissioners, who
is personally known~ as produced as identification.
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Notary Public
Print Name:
My Commission Expires:
WITNESSES:
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Witness Signature
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ESCROW AGENT:
ROGER B. RICE, P.A.
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By: R ger B. Rice
Its President
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Witness Printed Name
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STATE OF FLORIDA
COUNTY OF COLLlER:r:
The foregoing instrument was acknowledged before me this '/(f'fl.-. day of ___ 'J/f> 'I)/)}.;;J, 2010,
by Roger B. Rice as President of Roger B. Rice, P.A, who is p~[.sQl1l1Ily k6Q~11 t.o m~ or has
produced" as identification.
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My Commission Expires:
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SUMMARY OF CONSTRUCTION COSTS
Davidson Engineering, I nc,
Prepared By: / JMF
Date Prepared: / 1/11/2010
Oescri tion
lie Wortt
I
.
$
83' 91'U3
_".22
081.28
.
Cota
$
..
.02
UtIIItIM
.
..
..
,198.53
.
350 1580.00
.
.
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SUMMARY OF CONSTRUCTION COSTS - SITE WORK
Prepared By:
Davidson Engineering, Inc. I
JMF
Quanti Unit Cost
.' ,.
= $ 35,974.86
.
and Grubbin = $
..
12,059 = $
511162 .
1 = $
1 .
Sod RO 110.919 $
SOd M 1813$ .
Sawcut Roadwa 1 $ = $
1 . 2
olIII ~ Conllrudlon CllIlI- Slle Work . . S31,1IIl1.53
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SUMMARY OF CONSTRUCTION COSTS - PAVING I CONCRETE
Prepared By:
Davidson Engineering, Inc. I
JMF
City Gate Boulevard North" 92' ROW
olIII 01 COI'I8lruCltIon Coela . PlMlRlent
$
LF $
I..F
EA $ 281.98
7.75 .
$ 6 605.27
S 211160.QO .
$ 5.87 =
.45 .
$ 8.12 $
.4t .
$ 2.87 $
S 8.. . S
LS $ 2642.11 $
ursuant to DCA a reement.
. . 884,Z47.5t'
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'.
SUMMARY OF CONSTRUCTION COSTS - PAVING I CONCRETE
Prepared By:
TOlIII rJt CllnItruc:lIcln CoItt. ~
Davidson Engineering, Inc. I
JMF
City Gate Boulevard South & Brennan Drive - 60' ROW
Cost
e. .
10.24
1. .
5.95 =
1. .
EA $ 249.33
IT*, e .
eoa..
,
".j>. "".'- ':.8
',.;~.;~":'
, . .
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__-a
SUMMARY OF CONSTRUCTION COSTS - SANITARY UTiliTIES
Mise, Utility Fees:
~..,
~Tedna
Force Main:
DR-18 PVC
"F
'"- M8Ill
SBlD_R_26 PVC [If''-}
. ll'-Il'1
- ,-1ln,
- . 1 -12'l
Ifr -11'-1-
IFillinos:
~SUmfOr~
Manholes:
Oto8'~
>8'-.
>Ir .,
> 10' C-. but ca1 '
.12' butca14'
10' - 12'1
Additional Fees:
I!=jir- to F
= GIn. ~ RTU &F_
TotIII cI Conm.IclIan COItt.
Prepared By:
.
Davidson Enaineering, Inc. I
JMF
1 . . 4.122.00
1 . 1\1796.00
1 ~U...1lO . 15 140.50
Quantity Unit Cost ~
1 Lfl', 1::, 1:1.41 . Is.
Hoo Lfl' I .,..... . Is 14 348.00
I ' IF 1 ..... . '~
U! I II . 18 .92
LF :I . . 17 1110.40
1 l' LI' 3 . ~'
LF ",' . '"
1 I llllll 1:11:..11 4 0&1.02-
3 I eA I. 472 I . II 12272.18
EA 2"1 . II
I'!.t 41 . . 1 .79
0 :..;......; ~ 41' .
2 !;A , 0.. . 1GiJ
1 !;A 7 . 5.7 75
1 !;A 1 . 5.114, 1
1 LJil t . 7e18.07
:D ,E'A . II
2 ' UI ' 41151 . S .02"
1 LS 1. . 1.37
2.ll8ll LF 16. . 41..ee
1 lSi :B24 . 10438.92
1 LS . 383.381.24
I . II 882 295.02
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SUMMARY OF CONSTRUCTION COSTS - WATER UTILITIES
Prepared By:
Davidson Engineering, Inc. /
JMF
Quanti
1 . 1
1 $ 6,792.68
. 77 .00
= $ 8.615.00
. 3' 510.
23 = $ 43,847.66
1 . 12,82
21 = $ 63,007.77
2 . .204
1 LS $ 2,000.37 = $ 2,000.37
13- . 20".74
3 EA = $ 14,764.53
. 410.91
m.i. d ComdruclIan c-. - WIliIr UlIIIIlIIJ 320.otI.28
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SUMMARY OF CONSTRUCTION COSTS - DRAINAGE UTILITIES
TolIII of ConMrudion Colla.
Prepared By:
UllllllM
Cost
7 .
30 .
.
.
1 t .
.
.
.
.
..
.
.
111.98 . 3ON1..,
. 1 1 1 eo
.. 1 770.00
. 7 "'.00;
. 814.71
1 . 3lM1.
. ....,0.54
. IM.1lO
. 872 .50
Davidson Engineering, Inc. I
Unit
IJ'
338
2
1
,.
2
11
118
20
34
1
3
1
1
JMF