Agenda 07/10/2018 Item #16A 907/10/2018
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Black Bear Ridge Phase II, Application Number AR-8381 with the roadway and
drainage improvements being privately maintained; 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 September 13, 2011, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Black Bear Ridge Phase II.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association, with the exception of Tract A-1, which is a portion of Pristine Drive and will be
maintained by Collier 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 Wolfe 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 Tract A-1. The existing security in the amount of
$90,702.18 will be released upon Board approval. The original security in the amount of $231,116.74 has
been reduced based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated September 27, 2006.
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 II, Application Number AR-8381, 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.9
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07/10/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
16.A.9
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07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 5802
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Black Bear Ridge Phase II, Application Number AR -8381 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 10:14 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/30/2018 10:14 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/31/2018 8:22 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2018 11:31 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/04/2018 11:33 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/05/2018 8:31 AM
Road Maintenance Travis Gossard Additional Reviewer Completed 06/05/2018 1:45 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:42 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/07/2018 4:52 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 9:37 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:37 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 9:16 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:46 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/30/2018 12:38 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
16.A.9
Packet Pg. 592
BLACK BEAR RIDGE PHASE TWO
LOCATION MAP
16.A.9.a
Packet Pg. 593 Attachment: Location Map (5802 : Final Acceptance - Black Bear Ridge Phase II)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDTVIS ION IMPROVEMENTS-(INFRAS TRUCTI]RE)
THIS AGREEMENT entered into this *'?t* day of September, 2006 by BUCKSTONE
ESTATES, LLC, a Florida limited liability company (hereinafter "Developer"), THE BOARD
OF COTINTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA (hereinafter the
"Board"), and ORION BANK, a Florida banking corporation (hereinafter "Lender").
RECITALS
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 Bear Ridge
Phase II.
B. The subdivision will include certain improvements which are required by Collier
County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Q.
Grady Minor & Associates, P.A., 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 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.
E. Developer and the Board have acknowledged that the amount Developer is
required to guarantee pursuant to this Agreement is TWO HUNDRED THIRTY-ONE
THOUSAND ONE HUNDRED SXTEEN AND 74/100 DOLLARS ($231,116.74), and this
amount represents ll0% 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:
l. Developer will cause the water, sewer, roads, drainage, and like facilities, the
Required Improvements, to be constructed 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 TWO HLINDRED THIRTY-ONE
THOUSAND ONE HLINDRED SIXTEEN AND 741100 DOLLARS (S231,116.74) from the
Construction Loan, in escrow, pursuant to the terms of this Agreement. The current Orion Bank
account number for this account is 8500006690.
16.A.9.b
Packet Pg. 594 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
3. Lender agrees to hold in escrow TWO HUNDRED THIRTY-ONE THOUSAND
ONE HUNDRED SIXTEEN AND 741100 DOLLARS ($231,116.74) from the Construction
Loan, to be disbursed only pursuant to this Agteement. Lender acknowledges that this
Agreement shall not constitute a draw against the Constmction Loan fund, but that only such
funds as are actually disbursed, whether pursuant to this Agreement or a provision of the
Construction Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval
of the Development Services Director who shall approve the release of the funds on deposit not
more than once a month to the Developer, in amormts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(i0%); and further, that upon completion of the work, the Development Services Director shall
approve the release of any remainder of escrowed funds except to the extent of$47,591.23 which
shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements
for a minimum period of one (1) year pwsuant to Paragraph 10 of the Agreement. However, in
the event that Developer shall fail to comply with the requirements of this Agreement, then the
Lender agrees to pay to the County immediately upon demand the balance of the funds held in
escrow by the Lender, as of the date ofthe demand, provided that upon payment ofsuch balance
to the County, the County will have executed and delivered to the Lender in exchange for such
funds a statement to be signed by the Development Services 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 this agreement;
(b) The County, or its authorized agent, will complete the work called for r,rnder 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 funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction ofthe
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 Lender any portion of the funds drawn
down and not expended in completion ofthe said development work'
5. Written notice to the Lender by the County specifying what amounts are to be
paid to the Developer shall constitute authorization by the County to the Lender for release ofthe
specified funds to the Developer. Pa)rynent 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
iounty 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.9.b
Packet Pg. 595 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
fumished to be reviewed and approved by the Development Services Director for compliance
with 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) notify the Developer in writing of his preliminary
approval ofthe improvements; or b) notify the Developer in writing ofhis refusal to approve the
improvements, therewith specifying those conditions which the Developer 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 constructed
and submitted for approval in accordance with the requirements of this Agreement.
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 Lender liable for any fi.rnds other than
those placed in deposit by the Developer in accordance with the foregoing provision; provided,
that the Lender 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 received written approval from the County.
10. The Developer shall maintain all Required knprovement for one year after
preliminary approval by the County Manager or his designee. After the one year maintenance
period by the Deveioper and upon submission of a written request for inspection, the
Development Services Director 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 Lender's
responsibility to the Board under this Agreement is terminated. The Developer's responsibility
for maintenance of the Required Improvernents shall continue unless or until 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 Begin on Next Page)
16.A.9.b
Packet Pg. 596 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this Z?re day of September, 2006.
DEVELOPER:
BUCKSTONE ESTATES, LLC,
a Florida limited liability company
(Pnnt
1
" DWIGHT Cldrk
,),
By: Catalina Land Group,
a Florida corporation,
its Manager
BOARD OF' COT]NTY COMMISSIONERS
oF coLLrER COUNTY, FLORTDA
Chairman
Name:By:
William L. Hoover, President
LENDER:
Orion Bank,
a Florida banking corporation
Name
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Fa"tNufr", ,-fff,/il.>/0/ritte: 5e-a,rio* l/oc€ /z49|bat*r
ATTEST:
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tl gnrtum
Approved aq to form and legal sufficiency:
BY:-Jeff E Assistant County AttorneY
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16.A.9.b
Packet Pg. 597 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
SCHEDULE "A"
SCHEDULE *8"
SCHEDULE'C"
SCHEDIJLE'D"
SCHEDULE"E''
BLACK BEAR RIDGE - PHASE II
SUMMARY
Site Work
Drainage System
Sanitary Sewage Collection System
' WaterDistribution System
Roadway Consbuction
Total lncludes l57c contigency:
ESTIMATED % OF PROGRESS AS OF 9-15-06r
REMAINING AMOUNI:
PROPOSED BOND AMOUNT (10%
TOTAL PLUS TOO% OF
Budget
Couumed
$64,752.80 U6U.7)Z.EU
$109,841.25 5l u0,z4l,z)
b77,699.20 $11.699.20
$47.693.50
SI IJ.E5U.UO $0.0t
s{t s,912.26 T$2j-,JTC75I
6lch
$183,525.51
G:VOB\A-B\BH5 0E2\Const
16.A.9.b
Packet Pg. 598 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
Growth Management Department ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
Zoning and Land Development Review
January 30, 2007
Mr. Patrick Miller
Orion Bank
Immokalee Road
Naples, FL. 34110
RE: Black Bear Ridge Phase II, Construction, Maintenance and Escrow Agreement
Account No. 8500006690 / Buckstone Estates, LLC
Dear Mr. Miller:
Please be advised that based on the work completed to date, the funds in the Construction,
Maintenance and Escrow Agreement for Subdivision Improvements may now be reduced by
$140,414.56, leaving an available balance of $90,702.18.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
John R. Houldsworth
Senior Engineer
Cc: Tom Kuck, P.E., Engineering Director
16.A.9.b
Packet Pg. 599 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II)
16.A.9.c
Packet Pg. 600 Attachment: Resolution (5802 : Final Acceptance - Black Bear Ridge Phase II)
16.A.9.c
Packet Pg. 601 Attachment: Resolution (5802 : Final Acceptance - Black Bear Ridge Phase II)