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Agenda 01/27/2009 Item #10G Agenda Item No, 10G January 27, 2009 Page 1 of7 EXECUTIVE SUMMARY Request that the Board of County Commissionen (BCC) approve the extension of the deadline to complete expanded intenection improvements to April 30, 2009 as part of conditions of approval and status of compliance for the CoconiIla Planned Unit Development Ordinance No. 05-15, also known as the Aqua at Pelican Isle Yacht Club Project, that was presented on September 23, 2008 as Item #16KI (moved to Item #12A). The expanded intersection improvements will include full construction of the permanent access point at the signalized intenection with related site improvements. OBJECTIVE: Request that the BCC review the conditions of approval and status of compliance for the Coconilla Planned Unit Development Ordinance No. 05-15 that was presented on September 23, 2008 and provide staff guidance on the timing and restrictions required to complete the intersection and access improvements. CONSIDERATIONS: On September 23, 2008 the BCC approved 5/0 "That the BCC make a finding that: (1) pursuant to section 1O.02.13.F.5 of the Land Development Code (LDC), that the timing of the developer commitment of providing a point of egress and intersection improvements prior to the issuance of the first certificate of occupancy as required by the Coconilla Planned Unit Development Ordinance No. 05-15 is no longer necessary; and (2) that the appropriate County staff issue the certificates of occupancy for the first tower building and dwelling units therein prior to the completion of the referenced access improvements. The BCC further approved an Escrow Agreement where funds in the amount of $250,000 would be placed in a trust account with a completion of certain improvements by 1/31/09" Subsequent to the BCC approval of the escrow agreement, transportation staff met with the developer and requested additional work within the ROW which would eliminate future rework. The right-of-way permit #23847-E stipulates a special condition that reads "The permanent access point must be fully constructed within the ROWand into the site so as to not require any future rework within the ROW. The temporary access point will be closed as soon as all the components in the ROW are constructed and have made the internal connection from the full access point to your existing building". The developer and his agent have expressed that the additional work requested by the County would require an extension of the January 31, 2009 deadline to complete the access point related to the park egress as outlined in section 6.6.K of Ordinance Number 05-15 which provides the following: . K The developer shall provide for a point of egress from the adjacent Cocohatchee River Park through the Public Use Tract to the main point of egress for the property and the intersection improvements provided in paragraph H above, prior to the issuance of the first CO (certificate of occupancy). ,.....~. The developer has agreed to proceed forward with the complete intersection improvements, final access and egress improvements at the signalized intersection and to close the temporary access and egress point north of the signalized intersection. The permanent access point at the signalized intersection will include north bound and south bound turn lanes, complete signalization and final sidewalk improvements within the ROW. The developer may request a reopening of the temporary access point in the future for construction of the second tower, subject to Bce approval. The developer has secured the additional funding through the Agenda Item No, 10G January 27.2009 Page 2 of 7 bankruptcy court and is moving forward to complete the work. An approximate ninety (90) day extension has been requested for the additional work, extending the deadline until April 30, 2009. Staff supports the extension until April 30, 2009 due to the fact that it will eliminate any future rework within the ROWand eliminate the temporary access point north of the signalized intersection. The parties agree that the intersection improvements include the permanent access point at the signalized intersection with north bound and south bound turn lanes, complete signalization and final sidewalk improvements within the ROWand that the existing temporary access point is cI osed. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary, LEGAL CONSIDERATIONS: This item is ready for Board consideration. The further extension of the completion date of access improvements required by the PUD is quasi-judicial and requires ex parte disclosures. A supermajority vote is necessary for Board action. HF AC RECOMMENDATION: That the BCC approves the extension for the deadline to complete the intersection improvements to April 30, 2009 and authorizes the County Attorney's office to amend the approved escrow agreement accordingly and authorize the Chairman to execute the same. That the BCe acknowledges that the intersection improvements include the permanent access point at the signalized intersection with north bound and south bound turn lanes, complete signalization and final sidewalk improvements within the ROWand the existing temporary access point is closed. Prepared By: Nick Casalanguida, Director, Transportation Planning Attachment: I) Escrow Agreement Page 1 of I Agenda Item No, 10G January 27.2009 PagE 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10G Item Summary: Request that the Board of County Commissioners (BeG) approve the extension of the deadline to complete expanded Intersection improvements to April 30, 2009 as part of conditions of approval and status of compliance for the Coconllla Planned Unit Development Ordinance No, 05-15, also known as the Aqua at Pelican Isle Yacht Club Project, that was presented on September 23, 2008 as Item #16K1 (moved to Item #12A), The expanded intersection improvements will include full construction of the permanent access point at the signalized intersection with related site improvements. (Norman Feder, Transportation Services Administrator) Meeting Date: 1/27/200990000 AM Prepared By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 1/9/20093:22:25 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 1/12/20098:32 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1/13/200911:19 AM Approved By Jeff Klatzkow Assistant County Attorney County Attorney Office Date County Attorney 1/13/20091:18 PM Approved By Norm E, Feder, Ale? Transportation Division Administrator Transportation Services Admin. Date Transportation Services 1/13/20093:29 PM Approved By Heidi F. Ashton Assistant County Attorney County Attorney Office Date County Attorney 1/13/20094:25 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/14/200911 :37 AM Approvl"d By Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 1/16/200911:21 AM A pproved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/17/20091:51 PM file:IIC:\AgendaTest\Export\ I 22-January%2027,%202009\ I 0.%20COUNTY%20MANAGE.., 1/21/2009 AgEnda Item No, 10G Januaildffi-- ESCROW AGREEMENT FOR ACCESS IMPROVEMENTS THIS AGREEMENT entered into lIlis ~'j' day of $k(' 200B by and among ECOVENTURE WIGGINS PASS, L TO.. :~e limitod piIl1n...hip (herainaftM "Oeveloper"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA, (herainaftor "County") and GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, PA (hereinaftM "Escrow Agent"), RECITALS: A. Develop4l< 18 conslnJcUng Iha!\qua at PlIIican Isla Yacht CluD Project (the "Aqua Project") in accordance with the Coconilla _bel Planned Unit Development. B. Paragraph 8.6.K. of Ordinance No. 06-15, Tha Coconilla Resldenti'" Planned Un~ D8II8Iopment, provld.. lIS follOWS: K. The develop4I< shall provide for a point 01 egreu from Ihe odjacenl Cocoh8lchae River Park through lI1e Public Use Tl'lICIllllhB main point 01 egre.s for lI1e property and the Intersection improvements provided In Peragraph H abova, prior to the Iasuance oIthallrlt CO [cer1Ificete of occupancyJ. (hBrelnarter .O"".lOper Improvements.) C. The Boerd 01 County Commissioners, at a regular meating on September 23, 2008, agreed 10 release tile liming of the consbuction of lIle Developer Improvements 10 allow Developer to receive certlficetll$ of occupancy for lIla lIrIt tower and dwelling units prior 10 completion of lIle Developer Improvements provided Developer enI<<n inlo this Escrow Agreement. D. Daveloper he. agreed 10 place the sum 01 $250,000 in escrow in Escrow Agent's trust eccountlo Insure lI1e construction 01 the Developer Imp_ts end 10 repair any damage 10 VendBfbill Drive c.lul8ll by DeIl8loper and Its BgIWlts during Ihe ~on of the Aqua project (hereinafter "Required Improvements" ) in eccanI8llCOl with the lBrms of this Agreement. NOW, THEREFORE. in consideration 01 the foregoing premiae5 ""d mutual covenants hereinefler sut forth, Developer. the County and the Escrow Agent do /1ereby covenant end agree a8 foliowI: 1, Developer wig cause the Required ImproYlllll8fllB 10 be constructed pursuant to spec:lflC8.lionB thet h8ve been approved by the County Manager or hIS d..ign... by J""uery 31. 2009. 2. Devaloper her8lly authorizes E8c:nlW Agent to hOld 5250,000 in escrow In Escrow Agenfs lnJst account. pursuant to the lerm8 of 1Il1. Agreemant. 3, Escrow Agent agrees lo hold the Escr~ Funds in lis lnJslaccount, 10 be disbursed only pursuanllo IIlls Agreement. 4. The escrllWlKl funds shall be relaesed 10 lIle DevelOper only upon _en epproval of the County Man_ or his designee who shall approve the release of "'" funds on deposilnct mOl'8 lhan once . month to the Developer. in amaunlA due for --" done III date based on lI1e flll'I*1_ compl8llOn of 1118 WOfk mulliplod by 1118 _peclIYe --" COllIS I8IlB ten percent (10%): and funher, lhat upon compleliOn of the work, the Counly Managar or his daaillnee shall approve tha ..... 01 any remainder of 8lICf0W8d lunda except to the extent of 510.000 wtliCl'l shall -~- Agenda Item No, 10G . January 27, 2009, ".... 12A remain In 811CflJOf as a Developer gu...ty 01 completion of malntenance of Ihe Required Impruvemenls lor a minimum periOd Of one (1) ye8t pursuant \0 Paragraph 10 of Ihe Agreemenl. However. in the 8Yef1tlhat Developer shall feY to comply wflh the requirements Of this Agr-.nenl. then the ESO'ow Agenlllllr_ III pay to the County Immediately upon demand the belance oflhe funds held In escrow by the EICfOW Agent. as of the dale of the demand. provided that upon payment of suell balence \0 the County. the Cout1ty win have executed and delivered to the Escrow Agent in exchange far such funds a _entto be signed by !he County Manager Dr his designee to the elfecl that: (a) Deveioper has lailed to complele the Required Improvements by January 31, 2009 or Developer has fatled to complete meinlenance of the Required Improvements; (b) The County, Of lis authorized agent. will campi." the work called lor under the lerms of the lIbov8-I'nentioned contract or will complete 8ucIl portion of such work e& the County, in Us sole dlacretiDn shen daem necessary in the public inl<<88lto the extent of the funds lh9n held In escrow; (e) The escrow funds drawn down ~y Ihe County shan be used lor constnJction of the Required Imptovements, engineering, legel end contlngent ODIlts llI\d BlCjl8IlHS, and to oIlsel any clarnagM, elllw dlr8cl or consequential, which the County may susllllin on lICCllunt 01 Ihe fatl,.. of the Developer to catTY out and lIlC8CU18 the above-mentionad development work; end (d) The County will promptiy repay to the Eecrow Agent any portion 0( \118 lunds drawn down and not expended In completion of "'" laid d-'<>prnant work. 5. WriIl8n notice 10 the Escrow Agenl by the County apeclfylng whlJl amounts are to be paid to the Developer she! conatnute authorization by Ifle County to the Eac;row Agent lot release 0/ the speciliecl funds to the Devlllopar. Payment by the Escrow A;8ntto the Developer of the amounts epeclfNOd In a IelIar of authorization by the County III the Escrow Agenl shall constitute a release by the County and Developer of !he Escrow Agenllor the funds disbursed in SI:COrdance with the IeIl8r olaulhorlzation from \I1e County, 6, The Required Improvements shell not be considered complete unlil a etafemclnI 01 substantial c;ompletlon by Oevelopefs englnaar along with th.. final proJBCI reccrds halle been fumjshed to be reviewed end approved by the County Manager or his designee far compliance wIIh the Collier County Subdlvi.;on Regulations, 7. Th.. County Manager or his designM shall, wilflin sixty (60) days 0/ receipt of the statemenl of lublllantial complation, either: e) nutily the Developer in writing of Itl8 preliminary approval of the improvements; Dr b) notify Ihe Oeveloper in writing of his refusel to approve the improvements, therewllh specffying those conditions which Ihe Developer mUSlIulflll in order to obtain the Director of !he Required Improvamanls. HOWIlVlll', In no event sh8I' lI1e County Managei' or his deelgnM rafUllll preliminary approval of the Improvements W they 8re in fact consb'Uct8d and submilled for approval in ea:ordanc:e With Ihe requirements of this AcJ8emenl. 8. Should the fundS held in 88CrOW be Insufficienlto comPl8le the Required Improvements, theeBoanl, alter duly considering \11.. pullllC In_~ may at lis optiOn complete the Required Impr_ents and _10 eny and alllegel remedies agak\allhe Developer. 9. NoIhing in this Agreement shall mllke the EscnM Agent liable for any funds other than those pl-o In depo8. by the Oeveloper in accordance with the foregoing provision; provided, thatlha Escrow Agent _ not releese any monies to the Developer or to any other person except as slated in this E_ Agtaemenl. ---;.......- j.. " Agenda Item No, 10G, Janua~2ir, , I -. 10. Tile Developer 8/1811 mainl8in al Required ImpIoVemetlIs lor one yew 8lI8r preliminary approvel by the County Manager or hll d...... Alter the _ year maInlInlnce period by the Developtl1' and upon submillaion of 8 wrllWl requ..t for inspection, the County M8l\lIgef' or his dNignlMt sha. Inspect the Requited Improvemenl8 lind, W found to be .tillII compliance lIlIllh !he Code lJI reflected by final 8IIProval by the Board, the Elcrow Agenrs responsibility to the Board Lnler this ~nt is tennlnated. The oev.k>per's responsibility lor m8lntenance of the Required ImlJl'Ollllmerlls shall conllnue unless or until !he Soard acx:epls maintenance responsibility for IlIId by the County. 11. All of lhe terrM, covenants and condillons herIlin conlained are and Ih8II be binding upon the respecliwlsucceuors and _;gnl of Iha Dewloper. IN WITNESS WHEREOF, !he County, the Esc;row Agent and the DfIYlIloper ~rSBd thi. ~ent to be lIKeCUIad by their duly IlUthorized rapr__ this day of r,2008. SIGNED, SEALED AND DELIVERED IN ~4r ~ re dOl\a!. H ....L'ft Prir1l8d 01 Typed_ ECOVENTURE WIGGINS PASS, L TO, a FIorirIa bmitld plmllllhlp " a........- By......~~ Edwlld , PrsIIdenl ~.i'-~o~tJ'~ ......... oignsIure ~~il::.\t.o\{i~'&ri&Q. _ PrinI8d 01 Typed NIme GOOOlETTE. COLEMAN, JOHNSON, YOVANOVICH & KOE~ P.A. By. ~D.0 ~..... Richlld 0, Yo\MflO'/iCll. EIq. D I F'o\.( () GJrQ) V~~'Y) AuES'M" ,D .... , .t.....- . -~,~,... Approved"" to form and legal sulfk:Jency: lJ~fi~!-fl 0 Assistant County Alton1ey By: Tom Agenda Item No, 10G January 27. 20 9 II 0 ~<-- "