Agenda 11/12/2019 Item #16A 1 (Final Plat for Summit Place in Naples Phase III)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Summit Place in Naples Phase III, Application Number AR-
6935, and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On May 14, 2007, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Summit Place in Naples Phase III.
2) The roadway and drainage improvements will be maintained by the Summit Place Community
Association.
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 of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Summit Place
Community Association. The existing security in the amount of $31,611.79 will be released upon Board
approval. The original security in the amount of $149,627.29 has been reduced to the current amount
based on the previous work performed and completed and pursuant to the terms of the Construction,
Maintenance and Escrow Agreement dated September, 2005.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Summit Place in Naples Phase III, Application Number AR-6935, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Resolution (PDF)
3. Bond Basis (PDF)
4. Plat Map (PDF)
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11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 10218
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Summit Place in Naples Phase III, Application
Number AR-6935, and authorize the release of the maintenance security.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/19/2019 2:29 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/19/2019 2:29 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/19/2019 5:20 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/20/2019 6:10 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/20/2019 10:24 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/23/2019 10:54 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/24/2019 8:40 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/07/2019 10:55 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/07/2019 3:51 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/08/2019 10:00 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/08/2019 3:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:21 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/22/2019 2:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:36 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 3:44 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/03/2019 3:33 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
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SUMMIT PLACE PHASE III
LOCATION MAP
16.A.1.a
Packet Pg. 399 Attachment: Location Map (10218 : Final Acceptance - Summit Place in Naples Phase III)
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Packet Pg. 400 Attachment: Resolution (10218 : Final Acceptance - Summit Place in Naples Phase III)
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Packet Pg. 401 Attachment: Resolution (10218 : Final Acceptance - Summit Place in Naples Phase III)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION
IMPROVEMENTS (the "Agreement") is entered into this ___ day of September, 2005 (the "Effective
Date''), between Waterways Joint Venture IV (hereinafter the "Developer"), The Board of County
Commissioners of Collier County, Florida, (hereinafter the "Board") and Wachovia Bank, National Association (hereinafter the "Lender").
RECITALS:
A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat (the "Plat") of a subdivision to be known as Summit Place in Naples Phase III (the "'Subdivision").
B.The Subdivision will include certain improvements (collectively, the "Required
Improvements") which are required by the ordinances of Collier County, Florida (the "County"), as such
Required Improvements are set forth in a site construction cost estimate (the "Estimate") prepared by RWA
Inc. (the ''Developer's Engineer"), a copy of which is attached hereto and incorporated herein as Exhibit "A".
For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate.
C.Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified
Land Development Code (the "Development Code") requires the Developer to provide appropriate guarantees
for the construction and maintenance of the Required Improvements.
D.The Lender has entered into a acquisition, development and construction loan with the
Developer dated June 19, 2003 (the "Loan") under Lo1n Number 01-94-5094821-l; Obligation Number 83,
\vhich Loan will be utilized by the Developer, among other things, to fund the cost of the Required
Improvements.
E.The Developer and the Board have acknowledged that the amount the Developer is required
to guarantee pursuant to this Agreement is $149,627.29 (the "Reserved Amount"), and that the Reserved
Amount represents 110% of the Estimate for the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter
set forth, the Developer, the Board and the Lender do hereby covenant and agree as follows:
1.The Developer will cause the Required Improvements to be constructed pursuant to
specifications that have been approved by the County Director of Development Services (the "Director")
1\ ithin three (3) months from the date of approval of the Plat (the "Projected Required Improvements
Completion Date").
2.The Developer hereby authorizes the Lender to fund the Reserved Amount from the Loan
r:,ursuant to the terms of this Agreement.
3.The Lender agrees that the Reserved Amount shall be disbursed by Lender pursuant to the
terms of this Agreement. The Lender acknowledges that the execution of this Agree�ent by Lender shall not
he deemed as a current request by the Developer for a disbursement of the Reserved Funds under the Loan .
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Packet Pg. 402 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
Such disbursements ( each, a "Reserved Funds Disbursement") will occur if, as and when the Developer
requests such a disbursement of portions of the Reserved Funds pursuant hereto or otherwise under the Loan.
4.A Reserved Funds Disbursement shall be released by the Lender to the Developer only upon
written approval of the Director ( each, a Reserved Funds Disbursement Approval"), who shall provide a Reserved Funds Disbursement Approval not more than once a month for portions of the Required Improvements completed to the date of the request therefor (in each case, the "Completed Required
Improvements"), provided that the amount submitted for approval shall be equal to ninety percent (90%) of
the cost to be paid by the Developer for the Completed Required Improvements (the "Completed Required
Improvements Payment Amount"). Upon completion of the construction of all of the Required
Improvements, the Director shall approve the release of any remaining Reserved Funds, except to the extent
of$ 14,962.72 (the "Requirement Improvements Retention Amount") which shall be available to the County
in the event that the Developer fails to maintain the Required Improvements for a minimum period of one ( 1) year as required by paragraph 11 of this Agreement.
5.In the event that Developer shall fail to comply with the requirements of this Agreement theLender agrees to pay to the County the balance of the Reserved Funds existing as of the date ofa demand by the County therefore (the "County Payment Amount"), provided that as a condition of the obligation of the
Lender to pay the County Payment Amount to the County, the County will have delivered to the Lender a statement signed by the Director to the effect that:
(a)the Developer has, for more than sixty (60) days after the date that written
notification of such failure was provided by the County to the Developer, failed to comply with the requirements of this Agreement;
(b)the County, or its authorized agent, will complete the Required Improvements or will
complete such portion of the Required Improvements to the extent of the County Payment Amount as the County, in its sole discretion, shall deem necessary in the public interest;
(c)the County Payment Amount shall be used by the County only for (i) constructionof the Required Improvements; (ii) engineering, legal and contingent costs and expenses associated with the
construction of the Required Improvements; and (iii) to offset any damages, either direct or consequential, which the County sustained on account of the failure of the Developer to completed construction of the Required Improvements; and
( d)the County will promptly repay to the Lender any portion of the County Payment
Amount not expended by the County in accordance with paragraph 5.(c).
6.Receipt by the Lender of a Reserved Funds Disbursement Approval specifying the CompletedRequired Improvements Payment Amount shall constitute authorization by the County to the Lender to
release the Completed Required Improvements Payment Amount from the Reserved Funds. Payment by the Lender to the Developer of the Completed Required Improvements Payment Amount pursuant to a Reserved Funds Disbursement Approval shall constitute a release by the County and the Developer of the Lender for that portion of the Reserved Funds disbursed in accordance with a Reserved Funds Disbursement Approval.
7.The Required Improvements shall not be considered complete until a statement of substantialcompletion prepared by the Developer's Engineer (a "Substantial Completion Statement"), along with the final project records, have been furnished to the County and have been reviewed and �pproved by the Director for compliance with the County subdivision regulations.
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16.A.1.c
Packet Pg. 403 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
8.The Director shall, within sixty (60) days of receipt of the Substantial Completion Statement,
either: (i) notify the Developer in writing of the preliminary approval of the Required Improvements (the
.. Preliminary Approval"); or (ii) notify the Developer in writing of the refusal to approve the Required
Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the
approval of the Director. In no event shall the Director refuse to provide the Preliminary Approval if such
Required Improvements are, in fact, constructed and submitted for approval in substantial compliance with the requirements of this Agreement.
9.Should the Reserved Funds 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 those legal remedies solely against the Developer as may be available to the Board.
I 0. Nothing in this Agreement shall make the Lender liable for any amount other than the
Reserved Amount; provided that the Lender has not released any portion thereof to the Developer or to any
other person except in conformity with the terms of this Agreement.
11.The Developer shall maintain the Required Improvements for a period of one (I) year after
the date of issuance by the Director of the Preliminary Approval (the "Maintenance Period"), provided that
the Maintenance Period shall continue until the Board accepts maintenance responsibility for and by the
County, which acceptance shall not be unreasonably withheld or delayed. After the expiration of the
Maintenance Period, then upon submission of a written request for inspection, the Director shall timely cause
the Required Improvements to be inspected and, upon such inspection, if the Required Improvements are
found to be in compliance with the requirements of Development Code in effect at the time of the final
approval of the Plat by the Board, the responsibility of the Lender to the Board under this Agreement shall t�rminate.
12.All of the terms, covenants and conditions herein contained are and shall be binding upon
the County, the Developer and the Lender and the respective successors and assigns of the County, the
Developer and the Lender.
(Signatures appear next page)
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Packet Pg. 404 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to be executed by their duly authorized representatives on and as of the Effective Date.
Print Name: Uc nnt> L\ t\-\ hu C
Print /: fi91)v'f✓ AIA/ ):r,JE.,
I
Print Name:
Waterways Joint Venture IV, a Florida general partnership
By: Waterways at Hibiscus, Ltd., a Florida limited partnership, a general partner
By: Waterways Development, Inc., a Florida
corporation, the General Partner
// /J/x-£----� By: _ _..:;. ___ /...,..... _____ _
Richard Davenport, President
Wachovia Banlc, National Association
(Signatures continue next page)
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Packet Pg. 405 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
S iu\1YDOCS\364210011037\Construction, Maintenance and Escrow Agreement_O I .wpd
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The Board of County Commissioners of Collier
County, Florida
Approved as to form and legal sufficiency.
16.A.1.c
Packet Pg. 406 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
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Packet Pg. 407 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
April 12, 2006 Ms. Carol Doyle Wachovia Bank N.A. 214 North Hogan Street, 6th Floor Jacksonville, FL. 32202 RE: Escrow Draw Request "Summit Place Phase III" Your Account No. 01-94-5094821-1 Dear Ms. Doyle: Receipt of Estimate No. 3, dated March 22, 2006, from Jensen Underground Utilities on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of RWA, Inc. Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $41,726.40. According to our records, this will leave an available balance of $34,205.49 plus $16,050.40 as the required 10% maintenance security. Please call this office if you have any questions or need any additional information. Sincerely,
JokJdsworth Senior Engineer jrh cc: RWA, Inc.
C
Phone(239)659-5744
0 ... C 0 M 11. 't y
Fax(239)530-6201 www.colliergov.net
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Packet Pg. 408 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
May 11, 2006
Ms. Carol Doyle Wachovia Bank N.A. 214 North Hogan Street, 6th Floor Jacksonville, FL. 32202
RE: Escrow Draw Request 1 1 Summit Place Phase III 11
Your Account No. 01-94-5094821-1
Dear Ms. Doyle:
Receipt of Estimate No. 4, dated April 30, 2006, from Jensen Underground Utilities on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of RWA, Inc.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $6,764.25. According to our records, this wi 11 leave an available balance of $27,441.24 plus $16,050.40 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
Johj�worth Senior Engineer
jrh
cc: RWA, Inc.
C
Phone(239)659-5744
0 .,. C 0 U ff 't. Y
Fax (239) 530-6201 www.colliergov.net
16.A.1.c
Packet Pg. 409 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
March 20, 2007
Ms. Carol Doyle Wachovia Bank N.A. 214 North Hogan Street, 6 th Floor Jacksonville, FL. 32202
RE: Escrow Draw Request "Summit Place Phase III" Your Account No. 01-94-5094821-1
Dear Ms. Doyle:
Receipt of Estimate· No. 5, dated May 30, 2006, from Jensen Underground Utilities on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of RWA, Inc.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $11,879.85. According to our records, this will leave an available balance of $15. 561. 39 plus $16,050.40 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
John..hhldsworth Senior Engineer
jrh
cc: RWA, Inc.
C
Phone(239)659-5744
0 T C 0 M ff 't Y
Fax (239) 530-6201 www.colliergov.net
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Packet Pg. 410 Attachment: Bond Basis (10218 : Final Acceptance - Summit Place in Naples Phase III)
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Packet Pg. 411 Attachment: Plat Map (10218 : Final Acceptance - Summit Place in Naples Phase III)
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Packet Pg. 412 Attachment: Plat Map (10218 : Final Acceptance - Summit Place in Naples Phase III)