Agenda 07/10/2018 Item #16A 807/10/2018
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Black Bear Ridge Phase I, Application Number AR-6179, acceptance of the plat
dedications, and authorizing the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
improvements associated with the plat, accept the plat dedications, and release the maintenance security.
CONSIDERATIONS:
1) On February 13, 2007, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Black Bear Ridge Phase I.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association, with the exception of Tracts ‘A-1’ (a portion of Pristine Drive) and ‘A-3’ (a portion
of Wolfe Drive), which will be maintained by the County.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements and is
recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code.
A copy of the document is attached.
5) This project is within the Wolf Creek PUD, Ord. 07-46, as amended, which has been found to be
in substantial compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association, with the exception of Tracts ‘A-1’ (a portion of Pristine Drive) and ‘A-3’ (a
portion of Wolfe Drive), which will be maintained by the County. The existing security in the amount of
$816,420.81 will be released upon Board approval. The original security in the amount of $3,057,906.50
has been reduced based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated August 30, 2005.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Black
Bear Ridge Phase I, Application Number AR-6179, and authorize
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and acceptance of the plat dedications.
2. The Clerk of Courts to release of the maintenance security.
Prepared By: Lucia S. Martin, Technician, Development Review Division
16.A.8
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07/10/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction, Maintenance and Escrow Agreement (PDF)
3. Resolution (PDF)
16.A.8
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07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 5801
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Black Bear Ridge Phase I, Application Number AR -6179 with the
roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and
authorizing the release of the maintenance security.
Meeting Date: 07/10/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/30/2018 10:00 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/30/2018 10:00 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/30/2018 2:17 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/31/2018 8:27 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2018 12:12 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 06/05/2018 1:44 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/05/2018 4:43 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:37 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/07/2018 4:42 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/07/2018 4:52 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/08/2018 9:35 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:33 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 7:22 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2018 9:05 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:45 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/30/2018 12:34 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.A.8
Packet Pg. 582
BLACK BEAR RIDGE PHASE ONE
LOCATION MAP
16.A.8.a
Packet Pg. 583 Attachment: Location Map (5801 : Final Acceptance - Black Bear Ridge Phase I)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDTVISION TMPROyEMENTS:(TffiRASTRUCTURE)
THIS AGREEMENT entered into this 3ot
*
day of August, 2005 by Buckstone Estates,LLC, a Florida limited liability company (hereinafter ,.Developer"), THE BOARD OF
coLNTY COMMISSIONERS oF COLLIER couNTy, FLORIDA (hereinafter the..Board"),
and Orion Bank, a Florida banking corporation (hereinafter ..Leude1').
_ 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: Black Be*Edg".
B. The subdivision will include certain improvements which are required by Collier
county ordinances, as set forth in a site construction iost estimate ('Estimate'j pr"p*.a uy q.
Grady Minor & Associates, P.A., a copy of which is attached hereto and incorporatid herein as
Exhibit 1. For purposes of this Agreement, the 'R.equired Improvements,, ,r" ti-it.a to those
described in the Estimate.
C' Sections 10.02.05 and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code require the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated June
2, 2005 (the "construction Loan') to fund the cost of the Required Improvements.
P Developer and the Board have acknowledged that the amount Developer is
required to guarantee pursuant to this Agreement is THREE MILLION FIFTY-SEVEN
THOUSAND NINE HLJNDRED slx AND 50/to0 DOLLARS ($3,057,906.50), and this amount
represents 110% 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 Lender do hereby covenant and agree as
follows:
1. Developer will cause the water, sewer, roads, drainage, and like facilities, the
Required Improvements, to be consfiucted pursuant to specifications that have been approved by
the Development services Director within 12 months from the date of approval of said
subdivision plat.
2. Developer hereby authorizes Lender to hold THREE MILLION FIFTY-SEVEN
THOUSAND NINE HUNDRED SD( AND 5O/lO0 DOLLARS ($3,057,906.50) from the
Construction lpan, in escrow, pwsuant to the terms of this Agreement. the {rept Orion Bank
account number for this account is 8500006690. &(
RECITAIS ORIGINA L
THREE MILLION FIFTY-SEVEN
+ /4q* {. dles r,rn+ cL.ouurrq-,a-r
kh1&(^J.L,- suP '., r
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3. Lender agrees to hold in escrow
16.A.8.b
Packet Pg. 584 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I)
THOUSAND NINE HUNDRED SIx AND 5O/1OO DOLLARS ($3,057,906.50) from theconstruction Loan, to be disbursed only pursuant to this Agreement. Lender acknowredges thatthis Agreement shall not constitute a draw against the Construction Loan fund, but that only suchfunds as are actually disbursed, whether lursuant to this Agreement or a frovision of trreConstruction Loan, shall accrue interest.
4. The escrowed firnds shall be released to the Deveroper only upon written approvarof the Development Services.Dir_ector who shafl approve the release or tir" h-a. on oeposit notmore than once a month to the Developer, in arnounts due for work done to date basei on the
!_eJ:entage completion of the work multiplied by the respective work costs less ten percent(10%); and fu1her, that upon completion of the work, the bevelopment services Director shalluqqrgr.
-thg release of any remainder of escrowed funds except to the extent of $305,790.65which shall remain in escrow as_ a -Deveroper guaranty of maintenance of the RequiredImprovements for a minimum period of one 1t j year-pursuant to paragraph l0 of the Agreement.However, in the event that Developer *ruri a io comply *itt- tn" requirementi of thisAgreement, then the Lender agrees to pay to the county immidiately upon d'emand the balanceof the funds held in escrow by the Linder, as of the date of the demand, provided that uponpayment of such balance to the county, the county will have executed *a a.tiu"r"o to m.Lender in exchange for such funds a statement to be signed by the Develop.rni
-s"*i"r.
Director to the effect that:
(a) - Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of tiris agreement;
(b) The County, or its authorized agent, will complete the work called for under theterms of the above-mentioned contract or will compleie such portion of such work as theCounty, in its sole discretion shall deern ,ec".rary'in the public interest to the extent ofthe funds then held in escrow;
(c) The escrow firnds drawn down by the County shall be used for construction oftheRequired Improvements engineering, legal and contingent costs and "*p"nr"r, *a tooffset any- damages, either direct or consequential, which the county may rurtuin o,account of the failure of the Developer to carry out and execute the abovi-mentioned
development work; and,
(d) The county will promptly repay to the Lender any portion of the funds drawn
down and not expended in completion of the said development work.
5. written notice to the Lender by the county speci$ing what amounts are to bepaidto the Developer shall constitute authorization by the iounty to tti" L-do for."lease ofthe
specified funds to the Developer. Payment by the Lender to the Developer of the amounts
specified in a letter of authorization by the County to the Lender shall constitute a release by the
County and Developer of the Lender 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
16.A.8.b
Packet Pg. 585 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I)
fumished to be reviewed an! approved by the Development Services Director for compliancewith the Collier County Subdivision Regulations.
7. The county Manager or his designee shall, within sixty (60) days ofreceipt ofthe
statement of substantial completion, either: a) notiry the Developer in wriiing"of his preiiroinary
approval of the improvements; or b) notify the Developer in wriiing of his rehrsal to approrre thei1l..or9m.1r1s, therewith speciffing those conditions which the Deieloper must fuIfill'in order to
obtain the Director of the Required Improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constucted
and submitted for approval in accordance with the requirements of this Agreement.
8' should the funds held in escrow be insufficient to comprete the Requiredlmprovements, the Board, after duly considering the public interest, may at
^its option completethe Required Improvements and resort to any anJ ail legal remedies against the oeieloper.
- 9. Nothing in this Agreement shall make the Lender liable for any funds other thanthose-placed in deposit by the Developer in accordance with the foregoing prlri.i-; f.oua.a,that the Lender does not release any monies to the Developer or to any other person except asstated in thrs Escrow Agreement to_ include closing the account or disburslng ,ny n J, from theaccount without first requesting and received writtin approval from the co,n'ty- ' --
. .
10. The Developer shall maintain all Required Improvement for one year afterpreliminary approval by the county Manager or his disignee. After the one year *iirrt"n*."period by the Developer and upon submission of a- written request foi i^p"liio", trr"Development Services Director shall inspect the Required Improvements and, if found to be stillin compliance with the code as reflicted by final approval by the Board, the Lender,sresponsibility to the Board under this Agreement is terminated. The Developer's responsibility
for.maintenance of the Requied Improviments shall continue unless or untii the Board accepts
maintenance responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be
binding upon the respective successors and assigns ofthe Developer and the Lender.
(Remainder of Page Intentionally Left Blank- Signatures Begtn on Next page)
16.A.8.b
Packet Pg. 586 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I)
E
By: Catalina Land Group,
a Florida corporation,
iB Manager
By:
lam L. Hoover, President
LENDER:
Orion Bank,
a Florida banking corporation
By,
N
Name:
Name:
ATTEST:
J
RE"dyA, Raschle ritte: stuz?x lt'cE 02e'g,b6{.rr .
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Clerk
rl
ast r"ii Feeo b, e-ov La
3
?rproygg as.A,fiini and legal sufliciency:
Assi t County AJENwrFE<.A.Dio
'r
Name
Name:
sl(fill.li.dlold'lo.s€l*ctoB'\r5*llEdEIe ^std E erd$m r'r's'*de
IN WITNESS WHEREOF, the Board and the Deveroper have caused this Agreemenl to
be executed by their duly aurhorized.represenratives rhis
"_,..{4d
ay of pIJyS.
@DEVELOPER:
BUCKSTONE ESTATES, LLC,
a Florida limited liability company
V-L l^r.
Chairman
16.A.8.b
Packet Pg. 587 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I)
16.A.8.c
Packet Pg. 588 Attachment: Resolution (5801 : Final Acceptance - Black Bear Ridge Phase I)
16.A.8.c
Packet Pg. 589 Attachment: Resolution (5801 : Final Acceptance - Black Bear Ridge Phase I)