Backup Documents 03/10/2015 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6
A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
3/it/LS
4. BCC Office Board of County -11414t,
Commissioners \/7Y 3VACS-
5. Minutes and Records Clerk of Court's Office 0;4
Z',sP ;\121(5-
PRIMARY
RIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date item was March 10,2015 Agenda item Number 16-A L V`
Approved by the BCC
Type of Document Construction, Maintenance and Escrow Number of Original One
Attached Agreement -Sierra Meadows Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 10,2015 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable. +,
9. Initials of attorney verifying that the attached document is the version approved by the i/" y�� �
BCC,all changes directed by the BCC have been made,and the document is ready for t e glEr+ tat stt
Chairman's signature. , €
is Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A2
MEMORANDUM
Date: March 12, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction, Maintenance and Escrow Agreement— Sierra
Meadows
Attached for your records is a copy of the Agreement as referenced
above, (Item #16A2) approved by the Board of County Commissioners on
March 10, 2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A2
CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this la 10 day of A,AA .c$4, , 2015 by(Sierra Meadows, LLC
(hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA,(hereinafter"The Board")and John M.Morgan,Attorney at Law(hereinafter"Escrow Agent").
RECITALS:
A. On June 25, 2002, Developer received approval by the Board of a certain plat of a subdivision to be
known as: Sierra Meadows.
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 Banks Engineering, 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 Land Development Code requires the Developer
to provide appropriate guarantees for the construction and maintenance of the Required Improvements.
D. Developer previously entered into a construction loan agreement with TIB Bank, dated January 24,
2006, to fund the cost of the Required Improvements. At the time, TIB Bank held $634,503.50 in an
Escrow Account as the guarantee. Developer now wishes to transfer the remaining Escrow amount to a new
Escrow Agent.
E. Developer and the Board have acknowledged that the remaining amount Developer is required to
guarantee pursuant to this Agreement is $174,725.50, and this amount represents 10% of the Developer's
engineer's estimate of the construction costs for the Required Improvements plus $24,500 for final lift of
asphalt.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth,Developer,the Board and the Escrow Agent do hereby covenant and agree as follows:
1. Developer will cause the remaining Required Improvements to be constructed pursuant to
specifications that have been approved by the County Manager or his designee within the time allowed
from the date of approval of said subdivision plat.
2. Developer hereby authorizes Escrow Agent to hold $174,725.50 plus $24,500 from the funds
allocated,in escrow,pursuant to the terms of this Agreement.
3. Escrow Agent agrees to hold in escrow$199,225.50,to be disbursed only pursuant to this Agreement.
4. The escrowed funds shall be released to the Developer only upon written approval of the County
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 escrowed funds
except to the extent of $114,ZZ,'rrjpwhich shall remain in escrow as a Developer guaranty of
maintenance of the Required Improvements for a minimum period of one(1)year pursuant to Paragraph 10
of the Agreement.
However,in the event that Developer shall fail to comply with the requirements of this Agreement,then the
Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in
escrow by Escrow Agent,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 Agent in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
CA
16A2
(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 under 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 of the 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 Escrow Agent any portion of the funds drawn down and not
expended in completion of the said development work.
5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County to the Escrow Agent for release of only those
specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified
in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and
Developer of the Escrow Agent for the specified funds disbursed in accordance with the letter of
authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval until a statement of
substantial completion by Developer's engineer along with the final project records have been furnished to
be reviewed and approved by the County Manager or his designee for compliance with the Collier County
Subdivision Regulations under the Land Development Code.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial 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 of the Required
Improvements. 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 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 Escrow Agent liable for any funds other than those placed
in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent
does not release any monies to the Developer or to any other person except as stated in this Escrow
Agreement.
10. The Developer shall maintain all Required Improvement 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 Improvements and,if found to be still in compliance with the Code as reflected by final approval
by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. The
Developer's responsibility for maintenance of the Required Improvements 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 Escrow Agent.
GP
16A2
IN WITNESS WHEREOF, the Board, Developer and Escrow Agent have caused this Agreement to be
executed by their duly authorized representatives this J45``'/4 day of MIAIge.(;,Pt ,2015.
SIGNED, SEALED and DELIVERED IN THE PRESENCE OF:
DEVELOPER
Sierra Meadows,LLC
By: —agar �� _
itness (TA
-i an ang Its: t , %/Al
Printed Name of !r - Typed or Printed Name and Title
W ess (Two Required)
Susan Vertefeuille
Printed Name of Witness
ESCROW AGENT
I By: mil
ess (Tw u' s John M. Mo an, Attorney at Law
A,Re. � Lang �/_
Printed Name of •
W tness (Two Required)
Susan Vertefeuille
Printed Name of Witness
ATTEST BOARD OF COUNT COMMISSIONERS
DWIGH . BROCK LERK FOR C0 II.EOUNTY,FLORIDA
1By.
►!
Cl e — Tim Nance, Chairman
, test as to Chairman's
signature only.
Appr ved as to form and legality:
%a/3/1s
Scott A. Stone
Assistant County Attorney