Backup Documents 12/16/2008 Item #10F
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to OIigina] document. Original documents should be hand delivered to the Board Office. The completed routing shpand original
documents arc to be fOlwatded to the Board Ollicc only after the Sourd has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnalion needed. If the document is already complete with the
exec tion of the Chairman's si nature, draw a line thrau h faulin lines #1 thrall h #4, co lete the checklist, and forward to Sue Filson line#5.
Route to Addressee(s) Office Initials Date
(List in multo order)
1.
2.
3.
4. Scott R. Teach, Deputy County Attorney County Attorney
5. Sue Filson, Executive Manager
.sit
12/22/08
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the pnmary contact is the person who created!pr~ared the executive
summary. Primary contact information is needed in the event one of the addresstes above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Jerry Kurtz Phone Number (239) 252-5860
Contact
Agenda Date Item was 12/16/08 Agenda Item Number 10F
Annroved bv the BCC
Type of Document I $I Amendment to Treviso Bay Water Management Number of Original 2**
Attached Agreement Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N!A" in the Not Applicable column, whichever is appropriate.
t.
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 BCe Chairman and Clerk to the Board and possibly State
Officials.
All handwritten strike-through and revisions have been initialed by the County Attorney's Office and
all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the document or
the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and
initials are re uired.
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 Bee 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 our deadlines!
The document was approved by the Bee on December 16. 2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's Office
has reviewed the chan es, if a licable.
Yes
(Initial)
SRT
NIA (Not
A licable)
2
3.
4.
5.
6.
**Please return 1 original document to Jerry Kurtz.
NIA
SRT
SRT
NIA
SRT
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Rev'ised 2.24.05
{(matter ~ numbem! ((document_ numbem
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MEMORANDUM
Date:
December 24, 2008
To:
Jerry Kurtz, P.E.
Principal Project Manager
Transportation/S tormwater
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Treviso Bay Water Management - 1 sl Amendment
(NOT RECORDED)
Per your request, this is one copy of the above referenced above (Agenda
Item #10F), as approved by the Board of County Commissioners on
December 16, 2008.
Please forward a fullv executed ori!!:inal to the Minutes and Records
Department for the Board's Records. A recorded copy will be sent to you by
the Recording Department when recorded.
[fyou should have any questions, please call me at 252-7240.
Thank you.
Enclosure (2)
10F'~_
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Co~T County
- - -- -
TRANSPORTATION DIVISION
INTEROFFICE MEMORANDUM
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STORMW A TER MANAGEMENT SECTION
ROAD MAINTENANCE DEPARTMENT
TO:
Scott Teach, Deputy County Attorney
SUBJECT:
Jerry Kurtz, Principal Project Manager
December 22, 2008 f:>~c. HtrrJc'<.J
. (2/1"/0'2:
Trevlso Bay Water Management Agreement Amendment ~
-S-k~ 10 1-
FROM:
.
DATE:
Attached please find two original copies of the First Amendment to the Treviso Bay Water
Management Agreement signed, witnessed, and notarized by Treviso Bay Development on page
8. As discussed during our phone conversation last Friday please review and approve page 7 of
the second copy and route to the Commissioners office for final execution.
The fiscal code to pay for recordinlj in the otlicial records of Collier County is:
325-172940-649030.
Also please note on the pink routing sheet that one fully executed original is to be returned to me
to provide to Treviso Bay Development for their records. Please call me at 252-5860 if there are
any questions. Thank you.
.
lOf!~'
FIRST AMENDMENT TO TREVISO BAY
WATER MANAGEMENT AGREEMENT
THIS AMENDMENT is made and entered into this 16th day of December, 2008, by and
between Treviso Bay Development, LLC, a Delaware Limited Liability Company, duly
organized and authorized to conduct business in the State of Florida, hereinafter referred to
herein as "Developer," whose address is 19275 W. Capital Drive, Brookfield, Wisconsin 54045,
by and through Sanjay Kuttemperoor, its President, who has been duly authorized to execute this
Agreement, and The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County, hereinafter referred to as "County."
RECITALS:
WHEREAS, the parties entered into the Treviso Bay Water Management Agreement
dated June 20, 2008, and recorded in Official Records Book 4370, Page 2757 of the Public
Records of Collier County, Florida (hereinafter the "Agreement") to facilitate the installation and
construction of stormwater improvements on and around the property known as Treviso Bay
(hereafter the "Property"), including but not limited to modifications to existing canals and the
construction or improvement of such structures to enhance the flow of stormwater in the area as
part of the County's Lely Area Stormwater Improvement Project ("LASIP"); and
WHEREAS, all exhibits to the Agreement as recorded in OR Book 4370, Page 2757 are
incorporated by reference herein as if attached hereto; and
WHEREAS, paragraph 26 of the Agreement allows for amendment of the agreement
upon the mutual written consent of the parties or by their successors in interest; and
WHEREAS, Developer and County have agreed to amend the Agreement as provided
herein.
I
lOF r~1I
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good
and valuable consideration previously exchanged between the parties, and in consideration of the
covenants contained herein, the parties agree as follows:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. The tenth "Whereas" clause of the Agreement is amended as follows:
"WHEREAS, the parties acknowledge th!lt the their desires to expedite the LASIP
project's completion and to reimburse the Deyelo)'ler the COllllly's the respective
party their fair share of the work completed by the other party Develo)'ler on the
LASIP.
3. Paragraph 5 of the Agreement is amended as follows:
"5. Subject to final completion of the Lely Manor Canal Eastern Outfall
stormwater improvements, to the satisfaction of and verified by County staff in
conformity with the receipt of signed as-built drawings, the valuation of
construction and the costs directly related to the completion of the Lely Manor
Canal Eastern Outfall components will be determined by resorting to the
Developer's construction contract documents and construction invoices for the
completed work. Prior to eOHGtruetion eommeneemeHl of any additional seetians
of the Eastern Outfall ami assaeiated ..."ater mflflagemeHl eom)'lonents, Develo)'ler
will submit to the COW1.ly )'lrojeet eonstruetion budgets and Bids for re'liew Md
IIp)'lroval. This inf-effilation will Be used as eost estimates fer reimBlH'GemeHl
)'llar_-Hng to the De'lelo)'ler and Calmly Budgeting )'lUFJ'loses.
2
IOF
4. Paragraph 6(a) of the Agreement is amended as follows:
"a. Regarding the Lelv-Manor Canal Eastern Outfall:
Developer shall assist and cooperate with the County with in the County's
the construction eOffijlletion of the remaining portion of the Lely-Manor Canal
Eastern Outfall and the spreader lake located at the downstream end of the
Eastern Outfall and the County shall be reimbursed for its fair share of the
construction costs (as partial cost originallv shown on Exhibit "E" to the
Agreement but now with the estimated remainder of the costs attached here as
Exhibit "F"), upon the satisfactory completion of such construction, consistent
with the proportionate share determination. The actual reimbursement amount
could Vary depending on the final construction costs, including anv positive or
negative deductive change orders, but is not to exceed ten percent (10%) of the
stated total cost shown in Exhibit "F". In the event the actual costs exceed ten
percent (10%) of the costs shown in Exhibit "F", Developer's obligation shall be
limited to five percent (5%) of the amount shown on Exhibit "F" plus five percent
(5%) of the difference between one hundred-ten percent 010%) of the amount
shown on Exhibit "F" and one hundred percent (100%) of the amount shown on
Exhibit "F". Developer and County agree that the proportionate share
reimbursement to the Developer County for its construction costs on the
remaining portion of the Lelv-Manor Canal Eastern Outfall, including costs
associated with the stormwater pump station referred to in Section 6.c., infra., is
ninety five percent (95%) of the total agreed upon construction cost. +he
remaiB:ing Fh'e !lereellt (5Q<.) share of slieh eosts ana the five !lereellt (5Q<.) share of
the attribatea to the stormwtlter !lamp station refcrrea to in 8eetion a.e. below
shall be the De'/e!oper's only finaneial obligation with respeet to the Lely MllHor
Canal Eastern Outfall. This 5% share shall be the Developer's onlv financial
obligation with respect to the Lelv Manor Canal Eastern Outfall.
Reimbarsemellt f{)f e-Construction of the Eastern Outfall Canal will occur in
two (2) separate phases. Phase I will include~ reimbursement to the Developer
for the County's proportionate share in the amount of ninety-five percent (95%)
3
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of the total agreed upon construction costs (as shown on Exhibit "E of the
Agreement) for the completed section of the Eastern Outfall Canal from the
southwest corner of Lot 2, Block A of the Myrtle Cove Acres subdivision south to
and including the spreader lake and weir. All necessary easements have been
obtained from the adj acent properties in this section. Reimbursement to
Developer by County will occur within thirty (30) days of execution of this
Agreement. Final certification of the Lely Manor Canal Eastern Outfall will
occur after completion of Phane 2 and will include, but not be limited to, County
review and acceptance of Final Construction Completion Certification, one year
contractor warranty, verified installed quantities, unit prices, and signed and
sealed as-built drawings.
Phase 2 of the Eastern Outfall will be reimbursed bv Developer to County
upon completion of the outfall from U.S. 41 south to the southwest corner of Lot
2, Block A of the Myrtle Cove Acres subdivision, and will include construction of
the pumping station. Reimbursement to County DeyeleJler for Phase 2 of the
Eastern Outfall Canal by Developer Cellfity will occur within thirty (30) days of
certification of final construction completion of Phase 2. Final certification will
include, but not be limited to, County review and acceptance of SFWMD Final
Construction Completion Certification of the entire Eastern Outfall including the
spreader lake and weir, one-year contractor warranty, verified installed quantities,
unit prices, and signed and sealed as-built drawings.
Completion and reimbursement of three Phase I items will be deferred to
Phase 2. These items, located between stations 7+91 and 27+90, include
additional rock excavation within the Eastern Outfall canal, miscellaneous
sod replacement along the canal bank, and construction of the 20' wide
lime rock maintenance road along the east side of the canal. Deferring
these three Phase I items shall not cause or delay the reimbursement of
Phase I costs to the Developer."
4
1 0 F, T
5. Paragraph 6.c. of the Agreement is amended as follows:
"c. Regarding the Stormwater Pump Station:
"De'/eloper County will construct in accordance with those plans attached as
Exhibit "B," and the final construction details to be provided by ABB, the
planned stormwater pump station, which will be located approximately at the
terminus of Maple Lane. Deyelopcr County shall be reimbursed for its fair share
of the construction costs, upon the satisfactory completion of such construction,
consistent with the proportionate share reimbursement amount to De'/eloper
County of Riaety five percent (95%) of the total agreed upon construction cost"
with the same basis of final construction completion certification as stated in
Section 6a. Developer shall have the right to review the costs of work for the
pump station prior to the start of construction."
6. Paragraph 6.d. of the Agreement is amended as follows:
"d. Phasing of the Construction:
Phasing of the construction and reimbursement of designed improvements to the
Lely-Manor Canal Eastern Outfall and Outfall Spreader Lake, as well as the
Pump Station shall be coordinated with the County's Stormwater Management
Department to complement and harmonize with the LASIP and the County's
other various drainage systems. The project component estimated construction
completion dates are:
Component
Estimated
Completion Date
1. Lely Manor Canal Eastern Outfall
A. Spreader Lake north to the SW comer of Lot 2, Block A,
Myrtle Cove Acres
B. Myrtle Lane north to US 41
Complete
12/31/09
2. Pumping Station
12/31/09
3. Naples Manor Canal Western Outfall, weir and spreader lake
9/30/11
5
lOt 1"
A. Reimbursement to D6'leloJ'ler County by Collftty Developer of the
remaining portions of the Lely Manor Canal Eastern Outfall identified above in
IB and 2 will occur within thirty (30) days of certification of final construction
completion of each component in accordance with the same basis as stated in
Section 6a.
7. Paragraph 9 of the Agreement is hereby amended as follows:
"9. In connection with the construction of the LASIP improvements on the
Properly the Developer has conveyed to County perpetual drainage easements
permitting construction of the Lely-Manor Canal Eastern Outfall, the Outfall
Spreader Lake and the Pump Station referenced in paragraph six as shown on the
plats of Treviso Bay (recorded in plat book 45, page 14-24), subsequent replat of
Treviso Bay including Vercelli (recorded in plat book 48, pages 11-14), Piacere
Pavia (recorded in plat book 48, pages 1-18), and Lipari-Ponziane (recorded in
plat book 47, pages 80- 89). The Pump Station shall be permanently placed within
the LASIP Property specifically located within the sixty-foot (60') wide drainage
and access easement in accordance with Exhibit "B" referenced in Section 3 of
this agreement. The Lely-Manor Canal Western Outfall currently has conceptual
design and approval only. Upon final design and construction approval the
Developer agrees to convey to County all necessary perpetual drainage easements
specifically located within the Western Outfall Easement Areas including an
extension of the access and drainage easement located at the South end of the
Lelv-Manor Canal Western Outfall (more soecificallv identified on attached
Exhibit "G," thereby permitting County clear and uninterrupted access from U.S.
41 to enter onto Property to construct. access, install, and maintain the Lely-
Manor Canal Western Outfall.
8. Paragraph 12 of the Agreement is amended as follows:
6
lOF i'
"12. Developer retains the right to utilize the available fill material from and on
the Property generated in the construction (either bv the County or the Develooer)
of LASIP and its stormwater canals and lakes discussed herein, at no additional
cost to the Developer."
9. Except as amended, all other terms and conditions of the June 10, 2008,
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
10. This Amendment shall be recorded by the County, at its expense, in the Official
Records of Collier County, Florida, within sixty (60) days after execution of this Amendment by
the County.
11. IN WITNESS WHEREOF, the parties hereto have executed the foregoing First
Amendment to Treviso Bay Water Management Agreement as of the date first above written.
AS TO COUNTY:
Attest: -. ,.,-: . Gj; <;0
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DWIGHT Eo. BROCK., Clerk
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BOARD OF COUNTY COMMISSIONERS,
COLL~ER C A FLORIDA
(, . Deputy.' .
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Tom Hennin ,
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A~1l R7~a1 sufficiency:
Scott R. Teach,
Deputy County Attorney
7
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WITNESSES:
Treviso Bay Development, LLC
A Delaware L' ited Liability Corporation
Print Name:
STATE OF \=\O~.A('A
COUNTY OF C'X"l\\:,(>(
(SEAL)
The foregoing Agreement was acknowledged before me this ~ day of
~ , 2008, by Sanjay Kuttemperoor, as the President of Treviso Bay
Development, LLC. He is [J"personaliy known to me, or [ ] has produced driver's license no.
"'<kntifi"tiO". ~T~~~
.<i""'V""!... STACY LEIGH FULTS
[.~~~.\ MY COMMISSION # DO 737779
l!i. .il.i EXPIRES: Decomber 11,2011 Name: ~l.eO' l r- LI <;.
~ .w.:rr.'ff'- BoodedThfuNotlryPublioUrdIlwrIIrI _ ~q_
(Type or Print
My Commission Expires:
8
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Collier County Tabulation of Bid Items
LASIP 16 South
Portion of Bid # 09-5142
Bid Due Dale: 11-12-08
EXHIBIT "F"
Contractor: Mitchell & Stark
Canst. Co, Inc.
NUMBER DESCRIPTION QUANTITY UNIT OF MEASURE Unit Price Total
1 Maintenance of Traffic 1 LS $3,000,00 $3,000.00
2 Mobilization 1 LS $42,000,00 $42,000,00
3 Construction Survev Lavout 1 LS $33,000,00 $33,000.00
4 Clearine and Grubbine 1 LS $70,00000 $70.000,00
5 ROW. Restoration 1 LS $15,000.00 $15,000.00
6 Channel Excavation, Cut 3935 CY $41.00 $161,335.00
7 Embankment, fill 14748 CY $8.00 $117,984.00
8 Rock Excavation, Unclassified 7720 CY $15.00 $115,800,00
9 6" Umerock Base, Maint. Rd. 12365 SY $800 $98,920.00
10 Rip Rap, Man Size & Rubble 840 CY $64.00 $53,760.00
11 Endwall. 2 - 36" RCP, FDOT Index No. 250 2 EA $3.250.00 $6,500.00
12 Endwall (30" RCP) FDOT Index No. 250 2 EA $1,960.00 $3,920.00
13 Winced Endwall. 42" RCP, FDOT Index No. 266 2 EA $3,340,00 $6,680.00
14 Mitered Grate Inlet 1 EA $2,32000 $2,320.00
15 Type G Inlet 1 EA $4,740,00 $4,740,00
16 Modified Tvpe G Inlet 1 EA $4,740.00 $4,740,00
17 4' x 8' Precast Box Culvert, Includine Headwalls 57 LF $1,423,00 $81,111.00
18 30" RCP 70 LF $65.00 $4,550.00
19 36" RCP 58 LF 581.00 $4,698,00
20 42" RCP 96 LF $98.00 $9,408,00
21 10" ADS Yard Drain Pioe, Continaent Item 500 LF $18.00 $9,00000
22 12" ADS Yard Drain Pedestrian Grate Inlet, Contingent Item 10 EA $940,00 $9,400.00
23 Solid Sod 12605 SY $1.65 520,798.25
24 Stormwater Pump Station 1 EA $639,000.00 $639,000,00
25 Type III Slaked Sill Fence 17582 LF $1.25 $21,977,50
26 Floatine Turbiditv Barrier 1300 LF $10.0Q $13,OOO,QO
I TOTAL: $1,552,641.75
Page 1 of 1
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LEGAL DESCRIPTION
(ACCESS AND DRAINAGE EASEMENT)
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA (ALSO BEING A CORNER OF TRACT "FD-1" OF PIACERE-
PAVIA, A PLAT RECORDED IN PLAT BOOK 48, PAGES 1 THROUGH 10, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA);
THENCE ALONG THE NORTH LINE OF SAID TRACT FD-1, N.86'04'24"E. FOR 100.28 FEET;
THENCE LEAVING SAID NORTH LINE, S.00.19'58"W. FOR 184.92 FEET, TO A POINT OF
CURVATURE;
THENCE SOUTHWESTERLY 208.50 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR
CURVE TO THE RIGHT, HAVING A RADIUS OF 198.00 FEET, THROUGH A CENTRAL ANGLE OF
60'20'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.30'29'56'W. FOR 199.00 FEET,
TO A POINT ON THE WEST LINE OF SAID SECTION 31 (ALSO BEING A POINT ON THE WESTERLY
BOUNDARY OF SAID PIACERE.PAVIA PLAT);
THENCE ALONG SAID WEST LINE, N.00'19'56"E. FOR 349.52 FEET, TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 30,331 SQUARE FEET OR 0.7 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 31. TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'19'56"E. AS SHOWN ON THE PLAT OF
PIACERE-PAVIA, RECORDED IN PLAT BOOK 48, PAGES 1 THROUGH 10, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
PREPARED BY RWA, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB 6952
BY~
RICHARD V. NESTLER, PROFESSIONAL SURVEYOR AND MAPPER LS#4786
SIGNING DATE: /0/20/06'
.
Reference: 5:\2008\080104.00.00 Lely_ Manor Cana~0003 Topographic 5urvey\2008-10-17 AE DE LEGALrlt
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR.
SHEET NUMBER 1 OF 2
6610 Willow Parl< Driv.. Suil. 200. Napl", Flond. 34109' (239) 597-0575, lax: (239) 597-0576
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SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY II
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SABAL BAY MPUD
UNPLATTED
WEST LINE OF SECTION 31 A.K.A.
WEST LINE OF PIACERE-PAVIA
(P.B. 48 PG. 1-10)
ABBREV1A nONS:
A.E. ~ ACCESS EASEMENT
A.K.A. = ALSO KNOWN AS
Cl = SEE CURVE TABLE
CB = CHORO BEARING
CD = CHORD DISTANCE
D.E, = DRAINAGE EASEMENT
P.B. = PLAT BOOK
PG. = PAGE
P.O.B. ~ POINT OF BEGINNING
RGE = RANGE
SEC = SECTION
TWP = TOWNSHIP
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CONSULTING Civil Engln<ering
..L '-, '.L .... SUrveying & Mapping
6610 WlIc1N Pam DrlvIl.SuII" 200
NilplH, FIortd~34109
Phoot: (23S1) 59H57/i
FAX: (2J9) 597.0678
CLIENT: COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
LELY MANOR CANAL
SKETCH OF LEGAL DESCRIPTION
0003
OAl[:
10/17/08
SCAl.E:
1'" ::: 100'
OAAWlfIll',
R,A.K.
TITLE:
CHECKED 1fY:
NORTH LINE OF SECTI0N""31
NORTHERLY LINE
OF TRACT FD-l
TRACT FD-1
PIACERE-PAVIA
(P.B. 48 PG. 1-10)
-
TRACT P-6
PIACERE-PAVIA
(P,B. 48 PG. 1-10)
~
SEE SHEET 1 FOR LEGAL DESCRIPTION
CURVE TABLE
RADIUS DELTA CB CD
198.00 60'20'01" S30'29'56"W 199.00
R.VN.
SEC, """ "". PROJECT 080104 00 00 SHEET 2 2
31 50S 26E NUMBER: " NUMBER: Of
FILE
NUMBER:
Retn:
CLBRK 10 1HB BOARD
IN1BROFFICB 4TH PLOOR
BXT 7240
4245152 OR: 4416 PG: 1182 RBC m
RBCORDBD 10 the OFFICIAL RBCORDS of COLLIBR COUNTY. FL COPIBS
12/29/2008 at 09:31AM DWIGHT B. BROCK. CLBRK
95.00
11.00
FIRST AMENDMENT TO TREVISO BAY
WATER MANAGEMENT AGREEMENT
lOF ''*'
THIS AMENDMENT is made and entered into this 16th day of December, 2008, by and
between Treviso Bay Development, LLC, a Delaware Limited Liability Company, duly
organized and authorized to conduct business in the State of Florida, hereinafter referred to
herein as "Developer," whose address is 19275 W. Capital Drive, Brookfield, Wisconsin 54045,
by and through Sanjay Kuttemperoor, its President, who has been duly authorized to execute this
Agreement, and The Board of County Commissioners of Collier County, Florida as the
Governing Body of Collier County, hereinafter referred to as "County."
RECITALS:
WHEREAS, the parties entered into the Treviso Bay Water Management Agreement
dated June 20, 2008, and recorded in Official Records Book 4370, Page 2757 of the Public
Records of Collier County, Florida (hereinafter the "Agreement") to facilitate the installation and
construction of stormwater improvements on and around the property known as Treviso Bay
(hereafter the "Property"), including but not limited to modifications to existing canals and the
construction or improvement of such structures to enhance the flow of stormwater in the area as
part of the County's Lely Area Stormwater Improvement Project ("LASIP"); and
WHEREAS, all exhibits to the Agreement as recorded in O.R. Book 4370, Page 2757 are
incorporated by reference herein as if attached hereto; and
WHEREAS, paragraph 26 of the Agreement allows for amendment of the agreement
upon the mutual written consent of the parties or by their successors in interest; and
WHEREAS, Developer and County have agreed to amend the Agreement as provided
herein.
1
OR: 4416 PG: 1183
lOF .11I
WITNESSETH:
NOW, THEREFORE, IN CONSIDERATION of Ten Dollars ($10.00) and other good
and valuable consideration previously exchanged between 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.
2. The tenth "Whereas" clause of the Agreement is amended as follows:
"WHEREAS, the parties acknowledge that the their desires to expedite the LASIP
project's completion and to reimburse the De'/eloper the Collilty's the respective
party their fair share of the work completed by the other oartv Developer on the
LASIP.
3. Paragraph 5 of the Agreement is amended as follows:
"5. Subject to final completion of the Lely Manor Canal Eastern Outfall
stormwater improvements, to the satisfaction of and verified by County staff in
conformity with the receipt of signed as-built drawings, the valuation of
construction and the costs directly related to the completion of the Lely Manor
Canal Eastern Outfall components will be determined by resorting to the
Developer's construction contract documents and construction invoices for the
completed work. Prior to construction commencement of !lilY additional sections
of the Eastern Omfall and associated water management eomponents, Developer
'lrill submit to the Coanty projeet construction Imdgct3 and bids for rcvicw and
fl)3pTOval. This inf-ormation ';;ill be ased as cost estimates for reimbarsement
plElHHing te the De're1oper frHd Cmrnty lmdgeting parposes.
2
OR: 4416 PG: 1184
lOF ~
4. Paragraph 6(a) of the Agreement is amended as follows:
"a. Regarding the Lely-Manor Canal Eastern Outfall:
Developer shall assist and cooperate with the County with in the County's
the construction eempletion of the remaining portion of the Lely-Manor Canal
Eastern Outfall and the spreader lake located at the downstream end of the
Eastern Outfall and the County shall be reimbursed for its fair share of the
construction costs (as partial cost originally shown on Exhibit "E" to the
Agreement but now with the estimated remainder of the costs attached here as
Exhibit "F"), upon the satisfactory completion of such construction, consistent
with the proportionate share determination. The actual reimbursement amount
could vary depending on the final construction costs. includinJ,! anv positive or
negative deductive change orders. but is not to exceed ten percent (10%) of the
stated total cost shown in Exhibit "F". In the event the actual costs exceed ten
percent (10%) of the costs shown in Exhibit "F". Developer's obligation shall be
limited to five percent (5%) of the amount shown on Exhibit "F" plus five percent
(5%) of the difference between one hundred-ten percent (110%) of the amount
shown on Exhibit "F" and one hundred percent (100%) of the amount shown on
Exhibit "F". Developer and County agree that the proportionate share
reimbursement to the Developer Countv for its construction costs on the
remaining portion of the Lely-Manor Canal Eastern Outfall, including costs
associated with the stormwater pump station referred to in Section 6.c., infra., is
ninety five percent (95%) of the total agreed upon construction cost. +he
remaining five percent (5%) share of such eest3 and the five percent (5?<.) shLlfe Elf
the attributed to the stofIHwater PlHIlfl station referred to in Section a.e. belew
shall be the Devcloper's enly financial obligation '.viili respect to the Lely Manor
Canal Bastern Oatfall. This 5% share shall be the Developer's onlv financial
obligation with respect to the Lelv Manor Canal Eastern Outfall.
Reimbarsemcnt for e-!;;onstruction of the Eastern Outfall Canal will occur in
two (2) separate phases. Phase I will include~ reimbursement to the Developer
for the Countv's proportionate share in the amount of ninetv-five percent (95%)
3
OR: 4416 PG: 1185
lOF
of the total agreed uoon construction costs (as shown on Exhibit "E of the
Agreement) for the completed section of the Eastern Outfall Canal from the
southwest comer of Lot 2, Block A of the Myrtle Cove Acres subdivision south to
and including the spreader lake and weir. All necessary easements have been
obtained from the adjacent properties in this section. Reimbursement to
Developer by County will occur within thirty (30) days of execution of this
Agreement. Final certification of the Lely Manor Canal Eastern Outfall will
occur after completion of Phase 2 and will include, but not be limited to, County
review and acceptance of Final Construction Completion Certification, one year
contractor warranty, verified installed quantities, unit prices, and signed and
sealed as-built drawings.
Phase 2 of the Eastern Outfall will be reimbursed bv Develooer to Countv
upon completion of the outfall from U.S. 41 south to the southwest comer of Lot
2, Block A of the Myrtle Cove Acres subdivision, and will include construction of
the pumping station. Reimbursement to Countv Developer for Phase 2 of the
Eastern Outfall Canal by Developer Collftly will occur within thirty (30) days of
certification of final construction completion of Phase 2. Final certification will
include, but not be limited to, County review and acceptance of SFWMD Final
Construction Completion Certification of the entire Eastern Outfall including the
spreader lake and weir, one-year contractor warranty, verified installed quantities,
unit prices, and signed and sealed as-built drawings.
Completion and reimbursement of three Phase 1 items will be deferred to
Phase 2. These items, located between stations 7+91 and 27+90, include
additional rock excavation within the Eastern Outfall canal, miscellaneous
sod replacement along the canal bank, and construction of the 20' wide
lime rock maintenance road along the east side of the canal. Deferring
these three Phase 1 items shall not cause or delay the reimbursement of
Phase 1 costs to the Developer."
4
OR: 4416 PG: 1186
lOF
'~"
\ ';',~i
"
5. Paragraph 6.c. of the Agreement is amended as follows:
"c. Regarding the Stormwater Pump Station:
"De'ielofler County will construct in accordance with those plans attached as
Exhibit "B," and the final construction details to be provided by ABB, the
planned stormwater pump station, which will be located approximately at the
terminus of Maple Lane. Developer Countv shall be reimbursed for its fair share
of the construction costs, upon the satisfactory completion of such construction,
consistent with the proportionate share reimbursement amount to Develefler
Countv of ninety five percent (95%) of the total agreed upon construction cost~
with the same basis of final construction completion certification as stated in
Section 6a. Developer shall have the right to review the costs of work for the
pump station prior to the start of construction."
6. Paragraph 6.d. of the Agreement is amended as follows:
"d. Phasing of the Construction:
Phasing of the construction and reimbursement of designed improvements to the
Lely-Manor Canal Eastern Outfall and Outfall Spreader Lake, as well as the
Pump Station shall be coordinated with the County's Stormwater Management
Department to complement and harmonize with the LASIP and the County's
other various drainage systems. The proj ect component estimated construction
completion dates are:
Comoonent
Estimated
Comoletion Date
I. Lely Manor Canal Eastern Outfall
A. Spreader Lake north to the SW corner of Lot 2, Block A,
Myrtle Cove Acres
B. Myrtle Lane north to US 41
Complete
12/31/09
2. Pumping Station
12/31/09
3. Naples Manor Canal Western Outfall, weir and spreader lake
9/30111
5
OR: 4416 PG: 1187
lOF .4
A. Reimbursement to Developer Countv by Collfity Developer of the
remaining portions of the Lely Manor Canal Eastern Outfall identified above in
1 B and 2 will occur within thirty (30) days of certification of final construction
completion of each component in accordance with the same basis as stated in
Section 6a.
7. Paragraph 9 of the Agreement is hereby amended as follows:
"9. In connection with the construction of the LASIP improvements on the
Property the Developer has conveyed to County perpetual drainage easements
permitting construction of the Lely-Manor Canal Eastern Outfall, the Outfall
Spreader Lake and the Pump Station referenced in paragraph six as shown on the
plats of Treviso Bay (recorded in plat book 45, page 14-24), subsequent replat of
Treviso Bay including Vercelli (recorded in plat book 48, pages 11-14), Piacere
Pavia (recorded in plat book 48, pages 1-18), and Lipari-Ponziane (recorded in
plat book 47, pages 80- 89). The Pump Station shall be permanently placed within
the LA SIP Property specifically located within the sixty-foot (60') wide drainage
and access easement in accordance with Exhibit "B" referenced in Section 3 of
this agreement. The Lely-Manor Canal Western Outfall currently has conceptual
design and approval only. Upon final design and construction approval the
Developer agrees to convey to County all necessary perpetual drainage easements
specifically located within the Western Outfall Easement Areas including an
extension of the access and drainage easement located at the South end of the
Lely-Manor Canal Western Outfall (more specifically identified on attached
Exhibit "G." thereby permitting County clear and uninterrupted access from U.S.
41 to enter onto Property to construct. access, install, and maintain the Lely-
Manor Canal Western Outfall.
8. Paragraph 12 of the Agreement is amended as follows:
6
OR: 4416 PG: 1188
"12. Developer retains the right to utilize the available fill material from and In 0 F
the Property generated in the construction (either bv the Countv or the Developer)
of LASIP and its stormwater canals and lakes discussed herein, at no additional
cost to the Developer."
....j
, ~I~
9. Except as amended, all other terms and conditions of the June 10, 2008,
Agreement remain in full force and effect. This Amendment and its provisions merge any prior
agreements, if any, between the parties with respect to the matters set forth in this Amendment.
10. This Amendment shall be recorded by the County, at its expense, in the Official
Records of Collier County, Florida, within sixty (60) days after execution of this Amendment by
the County.
11. IN WITNESS WHEREOF, the parties hereto have executed the foregoing First
Amendment to Treviso Bay Water Management Agreement as of the date first above written.
AS TO COUNTY:
By:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
,A
Attest: ."' .
DWiGHT E. BROC~ Clerk
-. .. . ....
B
Deputy Cl r
attest .". to.C1I4.t:
I1Q1llturt On~' .
A~i top J ::;;ufficiency:
"-
Scott R. Teach,
Deputy County Attorney
7
OR: 4416 PG: 1189
lOF ..
WITNESSES:
Treviso Bay Development, LLC
A Delaware Li ited Liability Corporation
anJay Kuttemperoor,
Its President
By:
STATE OF 5;-b",o::\o..
COUNTY OF ~-O\\"",
~ The foregoing Agreement was acknowledged before me this ~ day of
\~('o~~A. , 2008, by Sanjay Kuttemperoor, as the President of Treviso Bay
Development, LLC. He is [~personallY known)O me, or [ ] has pro,auced driver's license no.
as identification. I
~.~~' STACYlEIGHAJlTS
"f ,"1 MY COMMISSION' DO 737779
. '" ''/ EXPIRES: December 11,2011
'm-I< BoncIedThruNolltyPub/lcUnderwrhrs
Name:
(Type or Print)
My Commission Expires:
(SEAL)
8
OR: 4416 PG: 1190
Collier County Tabulation of Bid Items
LASIP 18 South
Portion of Bid # 09.5142
Bid Due Date' 11-12.08
EXHIBIT "F"
lOF
~
Contractor: Mitchell & Stark
Canst. Co, Inc.
NUMBER DESCRIPTION QUANTITY UNIT OF MEASURE Unit Price Total
1 Maintenance of Traffic 1 LS $3,000.00 $3.000.00
2 Mobilization 1 LS $42,000,00 $42.00000
3 Construction Survey Lavout 1 LS $3300000 $33,00000
4 Clearino and Grubbina 1 LS $70,00000 $7000000
5 RO.W. Restoration 1 LS $15,00000 $15000,00
6 Channel Excavation, Cut 3935 CY $4100 $161,335,00
7 Embankment, rill 14748 CY $800 $117,98400
8 Rock Excavation, Unclassified 7720 CY $1500 $115,800,00
9 6" Umerock Base, Maint. Rd. 12365 SY $800 $98.920_00
10 Ria Rap, Man Size & Rubble 840 CY $6400 $53,760_00
11 Endwall, 2 - 36" RCP, FDOT Index No. 250 2 EA $3250_00 $6,500,00
12 Endwall (30" RCP) FDOT Index No. 250 2 EA $1_960_00 $3,920_00
13 Winoed Endwall. 42" RCP, FDOT Index No. 266 2 EA $3,340,00 $6,680,00
14 Mitered Grate Inlet 1 EA $2,32000 $2,320,00
15 TvOe G Inlet 1 EA $4.74000 $4,740,00
16 Modified Tvpe G Inlet 1 EA $4,74000 $4,74000
17 4' x 8' Precast Box Culvert. Includlna Headwalls 57 LF $1.42300 $81,111.00
18 30" RCP 70 LF $65,00 $4.550,00
19 36" RCP 58 LF $81,00 $4,698,00
20 42" RCP 96 LF $9800 $9.40800
21 10" ADS Yard Drain Pipe, Continaent Item 500 LF $1800 $900000
22 12" ADS Yard Drain Pedestrian Grate Inlet, Contingent Item 10 EA $940 00 $9,400,00
23 Solid Sod 12605 SY $165 $20,798,25
24 Stormwater Pump Station 1 EA $639,00000 $639.00000
25 -r;me III Staked Silt Fence 17582 LF $1.25 $21.977,50
26 Floatina Turbidity Barrier 1300 LF $10,00 $13,00000
TOTAL: $1,552,641.75
Page 1 of 1
OR: 4416 PG: 1191
lOF
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D'XTAlNC
CONSULTING
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I Planning . Visu~li2ation
'Civil Engineeling . Surveying & Mapping
~ t"Xhibi+ I'G It
{t'~~ I D.f Z.
LEGAL DESCRIPTION
(ACCESS AND DRAINAGE EASEMENT)
A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA (ALSO BEING A CORNER OF TRACT "FD-1" OF PIACERE-
PAVIA, A PLAT RECORDED IN PLAT BOOK 48, PAGES 1 THROUGH 10, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA);
THENCE ALONG THE NORTH LINE OF SAID TRACT FD-1, N.86'04'24"E. FOR 100.28 FEET;
THENCE LEAVING SAID NORTH LINE, S.00'19'58"W. FOR 184.92 FEET, TO A POINT OF
CURVATURE;
THENCE SOUTHWESTERLY 208.50 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR
CURVE TO THE RIGHT, HAVING A RADIUS OF 198.00 FEET, THROUGH A CENTRAL ANGLE OF
60'20'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.30'29'56'W. FOR 199.00 FEET,
TO A POINT ON THE WEST LINE OF SAID SECTION 31 (ALSO BEING A POINT ON THE WESTERLY
BOUNDARY OF SAID PIACERE-PAVIA PLAT);
THENCE ALONG SAID WEST LINE, N.00'19'56"E. FOR 349.52 FEET, TO THE POINT OF BEGINNING
OF THE PARCEL DESCRIBED HEREIN.
CONTAINING 30,331 SQUARE FEET OR 0.7 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE WEST LINE OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA AS BEING N.00'19'56"E. AS SHOWN ON THE PLAT OF
PIACERE-PAVIA, RECORDED IN PLAT BOOK 48, PAGES 1 THROUGH 10, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
PREPARED BY RWA, INC.
FLORIDA CERTIFICATE OF AUTHORIZATION NO, LB 6952
BY~
RICHARD V. NESTLER, PROFESSIONAL SURVEYOR AND MAPPER LS#4786
SIGNING DATE: /O/2%B
,
Reference: S:\2008\080104.00.00 Lely Manor Cana~0003 Topographic Survey\2008-1 0-17 AE DE LEGAL.rtf
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR.
SHEET NUMBER 1 OF 2
6610 Vlillow Pari<: Drive, Suite 200, Naples, F!onda 34109' (239) 597-0575, lax: (239) 597-0578
w'NW.consult.rwa,com
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50
100
,
GRAPHIC SCALE
,..... 100'
SABAL BAY MPUD
UNPLATTED
WEST LINE OF SECTION 31 A,K,A,
WES'I LINE m- PIACERE-PAVIA
(P.B. 48 PG. 1-10)
ABBREVlA nONS:
A.E. ~ ACCESS EASEMENT
AKA. = ALSO KNOWN AS
C1 = SEE CURVE TABLE
CB ~ CHORD BEARING
CD = CHORD DISTANCE
D,E, = DRAINAGE EASEMENT
P.B, = PLAT BOOK
PG, ~ PAGE
P.O.B. = POINT OF BEGINNING
RGE = RANGE
SEC = SECTION
TWP = TOWNSHIP
*** OR: 4416 PG: 1192 ***
'.
SKETCH OF LEGAL DESCRIPTION
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N.W. CORNER OF
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WESTERLY CORNER
OF TRACT FD-l
--
NORTH LINE OF SECTION31
NORTHERLY lIN[
OF TRACT ED-1
TRACT FD-1
PIACERE-PAVIA
(P.B. 48 PG, 1-10)
--
TRACT P-6
PIACERE - PAVIA
(P.B. 48 PG. 1-10)
--~
SEE SHEET 1 FOR LEGAL DESCRIPTION
CURVE
C1
CB CD
S30'29'56"W 199.00
actob..,. fl, i?OO<l J~ p~ $,\"OQ9\09010".00,00 L..ly ,110M" C0f\4I\OOO3 Topogr<>f*k $lJI"yey\2008-Ja-17 DE A(,d.",]
D'XT ^ INC'~=tion
CONSULTING Civil Engineering
.&. 'L' , .L A Surveying & Mapping
6610 WI',c,H Parlr. Dr1vtt,SUite 200
NilP(lI5, fIo.rida34109
Phone: '~9)597..0515
FAX: (:!39) 597.0018
CLIENT: COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
LELY MANOR CANAL
SKETCH OF LEGAL DESCRIPTION
0003
(l,l,lE:
10/17/0B
SCALE:
I' = 100'
OAAWN B"f; TITLE;
_rs.~
CKFCKfDlf1':
RVN
'" ""', "" PROJECT 080104 00 00 SHEET 2 2
31 50S 26E NUMBER: I' NUMBER: OF
FILE
NUMBER: