Agenda 09/11/2012 Item #16A1091' IC
Recommendation to accept a Construction, Maintenance and Escrow Agreement as security for
Excavation Permit No. 60.029 for the project known as Faith Landing, Phase One.
OBJECTIVE:
To accept a Construction, Maintenance and Escrow Agr ement as the required performance security for
Excavation Permit No. 60.029.
CONSIDERATIONS:
Developers are required to post a performance guaranty for completion of lake excavations. These
guarantees are generally in the form of a Letter of Credit or Performance Bond. A Construction,
Maintenance and Escrow Agreement is also a suitable form of security.
FISCAL IMPACT:
The County will realize revenues as fo
Fund: Growth Management F
Agency: County Manager
Cost Center: 138327 -- Engineering
Revenue generated by this project: Total:
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
131
00 permit fee
The County Attorney's Office has reviewed and approved the Executive Summary and associated legal
documents for legal sufficiency. This item requires a majgrity vote for approval. -JAK
RECOMMENDATION:
Accept the Construction, Maintenance and Escrow A eement as suitable security for Excavation
Permit 60.029 and authorize the Chairman to execute the agreement.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services, Growth Management
Division, Planning and Regulation
Attachments: 1) Location Map 2) Construction, Maintenance and Escrow Agreement
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9/','1120' Iterr 16.1-..1
COLLIER COUNTY
Board of County Commissioners
Item Number: 16A5
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to accept a Construction, Maintenance and Escrow Agreement as security for
Excavation Permit No. 60.029 for the project known as Faith Landing, Phase One.
Meeting Date: 9/11/2012
Prepared By
Name: John Houldsworth
Title: Senior Site Plans Reviewer, Growth Management Division
Approved By
Name:Judy Puic
Titie: Operations Anaiys'
Date: 6/28/12 3:22 PM
Name: Jack McKenna
Title: Manager, Engineering Review
Date: 7/2/2012 2:29:16 AM
Name: Jeanne Marcella
Title: Executive Secretary
Date: 7/2/2012 4:59:12 AM
Name: Steven Williams
Title: Assistant County Attorney
Date: 7/11/2012 3:06:51 PM
Name: Ed Finn
Title: Sr. Budget Analyst
Date: 8/1/12 11:12 PM
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Name: Jeff Klatzkow
Title: County Attorney
Date: 8/14/2012 10:12:17 PM
Name: Leo Ochs
Title: County Manager
Date: 9/5/12 9:47 AM
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NOT TO SCPLE
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR LAKE EXCAVATION
THIS AGREEMENT entered into this day of , 2012, by Habitat for
Humanity of Collier County Inc (hereinafter "Developer "), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board ") and Porter
Wright Morris & Arthur IOTA Account (hereinafter "Escrow Agent ").
RECITALS:
A. Pursuant to Art. IV of the Laws and Ordinances of Collier County, Developer has applied
to Collier County for approval of a Lake Excavation Permit: Faith Landing Phase 1, Permit No,
60.029.
B. The Lake Excavation will include certain improvements which are required by Collier
County ordinances, as set forth in a Lake Excavation cost ( "Estimate ") prepared by Johnson
Engineering, a copy of which is attached hereto and incorporated herein as Exhibit 1. For
purposes of this Agreement, the "Required Improvements" are limited to those described in the
Estimate.
C. Sections 10.02.05 C. and 10.02.04 of the Collier County Unified Land Development
Code (LDC), as well as Art. IV of the Code of Laws and Ordinances of Collier County requires
the Developer to provide appropriate guarantees for the construction and maintenance of the
Required Improvements.
D. Escrow Agent has entered into a construction escrow agreement with Developer, Account
No. 0000240167395 (the "Escrow Agreement ") to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to
guarantee pursuant to this Agreement is $28,426.00, and this amount represents 100% of the
Developer's engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree
as follows:
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I . Developer will cause the storm water lake(s), littoral plantings, and the Required
Improvements, to be constructed pursuant to specifications that have been approved by
the County Manager or his designee within 12 months from the date of approval of said
Excavation Permit,
2. Developer hereby authorizes Escrow Agent to hold $28,426.00 from the Escrow
Agreement, in escrow, pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold in escrow $28,426.00 from the Escrow Agreement, to be
disbursed only pursuant to this Agreement. Escrow Agent acknowledges that this
Agreement shall not constitute a draw against the Escrow Agreement fund, but that only
such funds as are actually disbursed, whether pursuant to this Agreement or a provision
of the Escrow Agreement, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit
not more than once a month to the Developer, in amounts due for work done to date
based on the percentage completion of the work multiplied by the respective work costs
less ter, percent (l0 %); and further, that upon completion of the work, the County
Manager or his designee may approve the release of any remainder of escrowed funds
except to the extent of $2,842.60. which shall remain in escrow as a Developer guaranty-
of survival of 80% of the littoral plantings for a minimum period of one (1) year pursuant
to Article IV of the Code of Laws and Ordinances of Collier County.
However, in the event that Developer shall fail to comply with the requirements of this
Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the
balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided
that upon payment of such balance to the County, the County will have executed and delivered to
the Escrow Agent in exchange for such funds a statement to be signed by the County Manager or
his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this Agreement;
(b) The County, or its authorized agent, will complete the work called for under the
terms of the above - mentioned contract or will complete such portion of such work
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as the County, in its sole discretion shall deem necessary in the public interest to
the extent of the funds then held in escrow,
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses,
and to offset any damages, either direct or consequential, which the County may
sustain on account of the failure of the Developer to carry out and execute the
above - mentioned development work; and
(d) The County will promptly repay to the Escrow Agent any portion of the funds
drawn down and not expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Escrow Agent
for release of only those specified funds to the Developer. Payment by the Escrow Agent
to the Developer of the amounts specified in a letter of authorization by the County to the
Escrow Agent shall constitute a release by the County and Developer of the Escrow
Agent for the specified funds disbursed in accordance with the letter of authorization
from the County. Awok
6. The Required Improvements shall not be considered for preliminary approval until z
statement of substantial completion by Developer's engineer along with the final pro ec.
records including Lake Cross Sections have been furnished to be reviewed and approved
by the County Manager or his designee for compliance with the Collier County
Subdivision Regulations and Art. IV of the Code of Laws and Ordinances of Collier
County.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either; a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the Required
Improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
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v, 7 -
8. Should the funds held in escrow be insufficient to complete the Required Improvements,
the Board, after duly considering the public interest may, at its option, complete the
Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision;
provided, that the Escrow Agent does not release any monies to the Developer or to any
other person except as stated in this Escrow Agreement to include closing the account, or
disbursing any funds from the account without first requesting and receiving written
approval from the County.
10. The Developer shall maintain all Required Improvement for one year after preliminary
approval by the County Manager or his designee. After the one year maintenance period
by the Developer and upon submission of a written request for inspection, the County
Manager or his designee shall inspect the Required Improvements and, if found to be still
in compliance with the Code as reflected by final approval by the Board, the Escrow
Agents responsibility to the Board under this Agreement is terminated. The Developer's
responsibility for maintenance of the Required Improvements shall continue unless or
until the Board accepts maintenance responsibility for and by the County.
l . All of the terms, covenants and conditions herein contained are and shall be binding upon;
the respective successors and assigns of the Developer and the Lender.
12, This Agreement may be executed in counterparts, each of which shall be deemed to be ar.
original, but all of which , taken together, shall constitute one and the same agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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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 day of , 2012.
Attest:
DWIGHT E. BROCK, Clerk
M
, Deputy Clerk
SIGNED IN THE PRESENCE OF
Witness to Both:
Si ature
PrintedC N7ne
Signature
Printed Name
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
FRED W. COYLE, Chairman
Habitat for Humanity of Collier County, Inc.
i
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Samuffffwso, as President
W. Jeffrey Cecil, Partner in Charge
Porter Wright Morris & Arthur, LLP
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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 day of , 2011
Attest:
DWIGHT E. BROCK, Clerk
0
, Deputy Clerk
SIGNED IN THE PRESENCE OF
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairman
Habitat for Humanity of Collier County, Inc.
Witness to oth:
Ik B y:
Signature Samuel J Durso, as President
oR�r 0
Printed Name
5 i��'_
Printed Name
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
J11 Bv:
�'. Jeffr ' rtni!' in Cnargt
Porter Wright Morris & Arthur, LLP
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Faith Landina Phase 1
Excavation Bond Calculation - July 03, 2012
Collier County PPL -AR -12639 and Excavation Permit # 60.029
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