Agenda 01/23/2024 Item #16A 6 (Resolution - Willoughby Preserve PL20150000872 & PL20160003121)01/23/2024
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements and acceptance of the plat dedications for the final plat of Willoughby Preserve, Application
Number PL20150000872 (PPL), and PL20160003121 (PPLA), and authorize the release of the maintenance
security in the amount of $142,023.82.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and release the maintenance security.
CONSIDERATIONS:
1) On December 20, 2018, the Growth Management Department granted preliminary acceptance of the private
roadway and drainage improvements in Willoughby Preserve.
2) The project’s homeowners association will maintain the roadway and drainage improvements.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on December 01, 2023, and recommends
final acceptance.
4) A resolution for final acceptance has been prepared by staff 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
resolution is attached.
FISCAL IMPACT: The project's homeowners association will maintain the roadway and drainage improvements.
The existing security in the amount of $142,023.82 will be released upon Board approval and is based on the work
performed and completed and pursuant to the terms of the Construction, Maintenance, and Escrow Agreement
dated August 15, 2017.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Willoughby
Preserve, Application Number PL20150000872 (PPL) and PL20160003121 (PPLA), and authorize the execution of
the attached resolution authorizing final acceptance of the improvements and plat dedications and direct the Clerk
of Courts to release the maintenance security.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Plat Map (PDF)
4. Resolution (PDF)
16.A.6
Packet Pg. 265
01/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 27568
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements and acceptance of the plat dedications for the final plat of Willoughby Preserve,
Application Number PL20150000872 (PPL), and PL20160003121 (PPLA), and authorize the release of the
maintenance security in the amount of $142,023.82.
Meeting Date: 01/23/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
12/19/2023 2:14 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
12/19/2023 2:14 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/20/2023 2:07 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
12/20/2023 6:20 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/26/2023 11:20 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/27/2023 10:19 AM
Development Review Brett Rosenblum Additional Reviewer Completed 01/02/2024 9:55 AM
Unknown Jaime Cook Division Director Completed 01/04/2024 2:20 PM
Growth Management Community Development Department James C French Growth Management Completed
01/09/2024 2:08 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/16/2024 10:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 10:05 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/16/2024 10:22 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/16/2024 10:48 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/16/2024 11:31 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM
16.A.6
Packet Pg. 266
WILLOUGHBY PRESERVE
LOCATION MAP
16.A.6.a
Packet Pg. 267 Attachment: Location Map (27568 : Final Acceptance - Willoughby Preserve)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVIS]ON
IMPROVEMENTS
THIS AGREEMENT entered into this L5. Day of August 2017 by Blaczko LLC (hereinafter "Developer"), THE BOARD OF
COUNTY COMMISSIONERS OF COLtIER COUNry, FLORTA (hereinafter "The Board") and CHERyL R. (RAUS, p.A., 1072
Goodlette Road, Naples, Florida 34102 (hereinafter "Escrow Company").
A. Developer has, simultaneously with the delivery of this Agreement applied for the approva I bytheBoardofa
certain plat of subdivision to be known as Willoughby Preserve.
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 Hagan Engineering, a copy of which is
attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the ,,Required
lmprovements" are limited to those described in the Estimate.
C. Sedion 10.02.05 C and 10.02,04 of the Collier County Land Development Code requires the Developer to
provide appropriate guarantees for the constuction and maintenance of the Required lmprovements.
E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant
to this Agreement is S142,023.82, and this amount represents 110% of the Develope/s engineer's estimate
of the construction costs for the Required lmprovements.
Now THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer,
the Eoard and the Escrow Company do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required lmprovements, to be
constructed pursuant to specifications that have been approved by the County Manager or has designee
within six months from the date of approval of said subdivasion plat.
2. Developer hereby authorizes Escrow Company to hold S142,023.82 in escrow, pursuant to the terms of this
Agreement.
4. The escrowed funds shall be released tothe Developeronly upon written approval of the Cou nty 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 ten percent (10%); and further, that upon completion of the
work, the County Manager or his designee shall approve the release of any remainder of esffowed funds
except to the extent of 531,761.02 which shall remain in escrow as a Developer guaranty of maintenance of
the Required lmprovements for a minimum period of one (1)year pursuant to paragraph 10 of the
Agreement.
However, in the event that the Developer shall fail to comply with the requirements of this Agreement, then the
Escrow Company agrees to pay to the County immediately upon demand the balance of the funds held in escrow
by the Escrow Company, 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 Company in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
RECITATS
D Developer has paid the required amount into an escrow account with Escrow company pursuant to that
letter dated August, 15. 2017, attached hereto to fund the cost of the Required lmprovements.
3 Escrow Company agrees to hold in escrow S1.42,023.82, to be disbursed only pursuant to this Agreement.
16.A.6.b
Packet Pg. 268 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
(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) Thecounty, or his authorized agent, will completethe workcalled forunderthe termsofthe 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
lmprovements, engineering, legal and contingent cost and expenses, and to offset any damages either
direst 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 Esffow Company any portion of the funds drawn down and not
expended in completion of the said development work.
5. Written notice to the Escrow Company by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County to the Escrow Company for release of only those
specified funds to the Developer. Payment by the Escrow Company to the Developer of the amounts
specified in a letter of authorization by the County to the Escrow Company shall constitute a release by the
County and Developer of the Escrow Company for the specified funds disbursed in accordance with the
letter of authorization from the County.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantia I
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
lmprovements. 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.
8. Should the funds held in escrow be insufficient to complete the Required lmprovements, the Board, after
duly considering the public interest, may at its option complete the Required lmprovements and resort to
any and all legal remedies against the Developer.
9 Nothing in the Agreement shall make the Escrow Company liable for any funds other than those placed in
deposit by the Developer in accordance with the foregoing provisions; provided that the Escrow Company
does not release any monies to the Developer or 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 lmprovements 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 lmprovements and, if found to be still in compliance with the Code as reflected by final approval by
the Board, the Escrow Company's responsibility to the Board under this agreement is terminated. The
Developer's responsibility for maintenance of the Required lmprovements 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 of the Developer and the Escrow Company.
lN WITNESS WHEREOF, the Board. Developer and Escrow Company have caused this Agreement to be
executed by their duly authorized representatives this 31. day of July, 2017.
6. The Required lmprovements shall not be considered for preliminary approval until a statement of substantial
completion by Developer's engineer along with the final proiect records have been furnished to be reviewed
and approved by the County Manager or his designee for compliance with the Collier County Subdivision
Regulations.
16.A.6.b
Packet Pg. 269 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
For the Developer:
For the Escrow Company:
ATTEST:
SIGNED in THE PRESENCE OF Name of Entity: Blaczko LLC
By:/1 furz
Printed Name:
"4bn.-.^ S'/rnee
Michael Kolb, Manager
Print Name/ Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
P''nt.d
ru' f, eoT f .rn, -i/-/
SIGNED in THE PRESENCE OF Cheryl R. Kraus P.A
By
Printed Name:
P-ebecc"^, J,/o"rap C L+nft1 u Y-Z (tz-,*t*: ?LL.3
Print Name/ Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
{rinted.wrb e,T ( sn /+{l
DWIGHT E, BROOK, CLERK
---:-z
COUNTY COMMISSIONERS OF COLLIERBOARD
4DA
By:eputy Clerk
n p d$,liltSf ffllUt rf a n d tr:srMficieney
flitv: ,l
leB
PE Y TAYL
By
CHAIRMA,J
n
II
Scott A S tone, Assistant County Attorney
4-8a:
16.A.6.b
Packet Pg. 270 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
It,1L L) I L
Curnyl R. Kn tus. p.,r.
Board Ccrtilicd Rcal Est[t0 Attorncy
Ccrlitlcd Cornly 3nd Circuit Court Mcdiirbr
Also Adrnilted in Nlichigin
Ch('r)1(d'cherylkraus .0nt
1072 Goodletle Roird North
Naples. Florido 14102
F^x 239.261.6147
239.261.',7716
August 15, 201 7
Collier County Board of County Commissioners
l30l Tamiami Trail East
Naples, Florida 34 I l2
Re: Escrow Receipt
Latlies and Gentlemen:
This firm is in rcccipt of $142,021.82 from Blaczko, LLC, a Floritla limitocl liability
company, pursuant to the Construction, Maintcnance and Escrow Agrocment for Subtlivision
Improven'lents dated August 15, 2017 by and bctwcen Blaczko LLC, thc Board of County
commissioners of collicr county, Florida and chcryl R. Kraus, p.a. as rslated to ccrtain rcal
property Iocated in Collicr, County, Floritla, more particularly describcd as follows:
The North Half of the Northwcst Quarter ofthe southwest euarter ofthe Southwcst
Quartcr of Scction 24, Township 48 South, Range 25 East, Collicr County, Florida.
Parccl Identification Nurnber: 00162040005.
Said funds, rcceived on August 15,2017 will be hel<1 in accordance rvith the tcrms of the cscrow
agrccmcnt.
S incerely,
CHERYL R. KRAUS, P.A.
C{leng0 i(tous
Cheryl R. Kraus
Attorncy at Law
cc Blaczko, LLC
16.A.6.b
Packet Pg. 271 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
Details
Print frx Bills Ch.rnge of Address
Property Summary Property Detail Sl<etclres Trirn Notices
Parcel No. 00162040005 Site Aclr.
Name / Address BTACZKO LLC
20191 E COUNTRY CLUB DR # 301
City AVENTURA State FL
Page I of I
Zip 33180
Map No.
3A24
Strap No.
000100 054 3A24
Section Township
48
Range
2524
Acres "Estimated
5
Legal 24 48 25 N1/2 OF NWl/4 OF SWt/4 OF SW1/4 5 AC
Mt[agelgel O 18
Sub./Condo 100 - ACREAGE HEADER
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MitlagC AalerO'Calcutations
School Other Total
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16.A.6.b
Packet Pg. 272 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
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ETJAS,AN Engrn€r's Opnron of Probdble Cost
willoughby Preserve PPLA
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16.A.6.b
Packet Pg. 273 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
Blaczko LLC -•
_ 158, Oakwood Ct
Naples, FL 34110
PAYTOTHE . •· · ORDER oF Cheryl Kraus Trust Account
Bank of America •63-27/631 001054
J"'ijjEZShield'" Check Fraud
�Protection for Business
8/14/2017
$ .. 142,023.82
One Hundred Forty-Two Thousand Twenty-Three and 82/100********"************************"** .. ********************, DOLLARS
•Cheryl K�a·usTrust Account
/
MEMO --------✓,, ----------------·-----------------·--··· ---Mp AUTHORIZED SIGN/\ runE Escrow Agreement Payment to County
Blaczko LLC
Cheryl Kraus Trust Account
Date Type Reference
8/14/2017 Bill
Original Amt
142,023.82
BOA Escrow Agreement Payment to County
8/14/2017
Balance Due Discount
142,023.82
Check Amount
001054
Payment
142,023.82
142,023.82
142,023.82
16.A.6.b
Packet Pg. 274 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
STATEMENT OF AUTHORITY
Pursuant to section 605.0302(l), Florida Statutes, this limired liability company submits the following
statement of authority:
FIIIS'I: Thc name of rhe limited liabiliry company is: BLACZKO, LLC
SECoND: The Florida Document Number of the limited liabiliry company is: Lr6o0l0t232
TIIIRD: The street address of the limited liability company,s principal o{Iice is:
JE3E Tamiami Trail #200, Nrples, Florida 34103
Thc mailing address of the limited liability company's principal office is:
3838 Tamiami Trail #200, Naples, Florida J4103
FOURTH: This statcment of authority $ants or sets limitations of authority on all persons having the
status or position of a person in a company, whether as a member, transferee, manager, officir or
otherwise or to a specific person on thc following:
I . May execute an instrument uansferring real property held in the name ofthe company, including
a. Cranted tot Uscher Blaczko und/or Michael Kolb
b E-rrception: Michael Kolb does not have authority to crccute contract! for the saleof rcal property. He does, however, have the authority to sign any and all
documentation required to consummate the sale of the real property pursuant to the
terms of any sales contract for real property which has been executed by Uscher
Blaczko.
iVlay enter into other transactions on behalf of. or otherwisc act lor or bind, Lhe company
a.Crantcd to: Uscher Blaczko and/or lllichael Kolb
b. Exception: Scc I b, above,
L- l*e /2y-c.,r^"i
Uscher ll la .Z
2
vt' f^-
o
S tate o f F lorida
County of Collier
Thc foregoing instrument was acknowledgcd before me this 20& day of April, 201 7, by Ussher B Iaczko,who personally appeared and produced a passport as identification and who did noi take an oath and
acknowledged to me that he exccuted the same as his frec act and deed.&(S ignature of Notary)
Rebecca Slapp
"iffi
8ECC L^,P
MY,iC(MSgOl r !r 22{329
ExrnES: rd 26, A'9
Edrr, l\! lry P!tr. ",t rrr
SEAL
My Commission t. xpires: np-, / oo. zot a
16.A.6.b
Packet Pg. 275 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
(Requastols Name)
(Address)
(Address)
(City/StateZiy'Phone r*)
I ercx-ue fl werr I unrr-
(Business Entrty Name)
(Document Numbeil
Certified Copies _ Certilicates ol Status
Special lnstructiong to Filing Officer:
Office Use Only N
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16.A.6.b
Packet Pg. 276 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
)l'
COVER I,E TER
TO:RcSislr!lion Scction
l)ivision of Corpororions
Blaczko, LLC
SU BJECl'l
Numc ol l-imiled Liabilily Company
Dc'ru Sir or Varjam:
lhc cncbscd St0tcmenl ol Authority and liqs) urc submirrcd tbr liling,
I'lc&ie rctum all conespondencr conccrning lhis martc. to lhc ti)llo$ingt
Cheryl R. Kraus
Nama ol Pc.son
Cheryl R. Kraus, P.A.
Firm/Cq6P66Y
1072 Goodlette Road
Addrsss
Naples, FL 34102
Ciry/Srale ond Zip Codc
(Do not changs)
l:-milil.xjdrcssr (to b! uscd lor lirturc annutl,efrod notification)
For funher information conccming thls mottcr. plciasc call:
Cheryl Kraus 239 261-7716
at
Namc ol Pcrson
S'TREET/COURI E R ADDRESS:
Rcgislrolion Scclion
Division ol Corporarions
Cliflon Building
2661 l:rcculive Csntcr Circle
I olluhnssed, rb.ido 3210I
Arca Codc Daytimc Telcphonc Number
cR2!:l]r (], t{)
MAll,tNC AODRESSI
Rcgisrrirtion Scction
Division ol Corporarions
l',O. Ilox 6127
l allahassec. florid! 321l4
I
16.A.6.b
Packet Pg. 277 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
STATEMENT OF AUTHORITY
Pursuant to section 605.0302( I ), Florida Statutes, this limited liability company submits the l'ollowing
stalement of authority:
FIRST: The name of rhe limired liabiliry company is: BLACZKO, LLC
SECOND: The Florida Documenr Number of rhe limited liabiliry company is: Lf 6000t0t2J2
'l HlRD:'l'hc street address of rhe limircd liability company's principal olTice is:
383t Temiami Trail #200, Naples, Florida 34103
Thc mailing address olthe limitcd liabiliry company's principal olTicc is:
3838 Tomiaml Trail #200, Noplcs, Florlda !410J
FOURTH: This statcment ofaulhority grants or sets limitations ofaurhority on all pcrsons having the
status or position of a person in a company, whcther as a member. transfcrce, manager, officcr or
otherwise or to a specific person on the following:
I . May execurc an instrumcnt transferring rcal propeny held in the name ofthe company, including
a. Cranted to: Uscher Blagzko and/or Mlchaei Kolb
Exceplion: Mlchael Kolb does not hrve suthority to execule coItracts for the saleof rerl prop€rty, He does, howcver, have thc authority to sign any and all
documcnlation rcquircd to consummate the sale of the real property pursuant to the
terms of any salcs contract for real propcny which has becn cxecutcd by Uscher
lllaczko.
b
May enter inlo olher ransactions on behalfof, or olh€rwise acl for or bind, the compa
a. Granted to: Uscher Blaczko and/or Michael Kolb
b. Exccption: See I b. above,
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Uschcr Bl ac7-o
St'otc of F,orida
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County oI Collicr
'l'he foregoing instrumcnt was acknowledged before mc this 20,h day olApril, 201 7, by Uscher Blaczko,who personally appcared and produced a passport as idcntificarion and who did noi rake an oath and
acknowledged to me lhat he executed the same as his free act and deed.
(Signaturc of Notary)
Rebecca Slapp
My Commission Expircs
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16.A.6.b
Packet Pg. 278 Attachment: Bond Basis (27568 : Final Acceptance - Willoughby Preserve)
16.A.6.c
Packet Pg. 279 Attachment: Plat Map (27568 : Final Acceptance - Willoughby Preserve)
16.A.6.c
Packet Pg. 280 Attachment: Plat Map (27568 : Final Acceptance - Willoughby Preserve)
16.A.6.dPacket Pg. 281Attachment: Resolution (27568 : Final Acceptance - Willoughby Preserve)