Agenda 11/14/2017 Item #16A 311/14/2017
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Faith Landing Phase One, Application Number AR-12639; 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 Faith Landing Phase One plat, accept the plat dedications, and release
the maintenance security.
CONSIDERATIONS:
1) On June 15, 2012, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Faith Landing Phase One.
2) The improvements within the public rights-of-way (Tracts R-1 and R-2) will be maintained by
Collier County. All other drainage improvements will be maintained by the homeowner’s
association.
3) The required improvements have been constructed in accordance with the
Land Development Code. The Growth Management Department has inspected the improvements
on October 4, 2017, 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 Faith Landing PUD, which has been found to be in substantial
compliance.
FISCAL IMPACT: The roadway and sidewalk improvements will be maintained by Collier County out
of the Operations and Maintenance Budget. The existing security in the amount of $79,608.50 will be
released upon Board approval. The original security in the amount of $181,926.21 has been reduced
based on the previous work performed and completed and pursuant to the terms of the Construction and
Maintenance Agreement dated December 4, 2011.
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 Faith
Landing Phase One, Application Number AR-12639, 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
11/14/2017
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction & Maintenance Agreement (PDF)
3. Resolution (PDF)
11/14/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 3892
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Faith Landing Phase One, Application Number AR-12639; acceptance
of the plat dedications, and authorizing the release of the maintenance security.
Meeting Date: 11/14/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
10/06/2017 9:39 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/06/2017 9:39 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/09/2017 1:59 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/10/2017 10:21 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/10/2017 2:02 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/12/2017 4:01 PM
Road Maintenance Travis Gossard Additional Reviewer Completed 10/16/2017 9:06 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/16/2017 11:45 AM
Growth Management Department James French Deputy Department Head Review Completed 10/16/2017 12:17 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/18/2017 3:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2017 2:34 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/24/2017 9:16 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2017 2:12 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/01/2017 11:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM
L O C A T I O N M A P S I T E M A P
FAITH LANDING
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this 4T'-* day of �rc.� , 2011 by Habitat for
Humanity of Collier County Inc (hereinafter "Developer"), THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter "The Board") and
Porter Wright Morris & Arthur IOTA Account (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: Faith Landing
Phase I.
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 Johnson 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 C. and 10.02.04 of the Collier County Subdivision Code Division
of the Unified Land Development Code requires 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
11/17/2011, Account No. 0000240167395 (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 $181,926.21, and this amount represents 110%
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:
1. 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 County Manager or his designee within 12 months from the date of
approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold $181,926.21 from the Construction
Loan, in escrow, pursuant to the terms of this Agreement.
3. Lender agrees to hold in escrow $181,926.21 from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement
shall not constitute a draw against the Construction 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 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 $79,608.50 which 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 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 of the demand, provided
that upon payment of such 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
County Manager or his designee 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 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 Lender any portion of the funds drawn down
and not expended in completion of the 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 of
only those specified funds to the Developer. Payment 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 County and Developer of the Lender 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.
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's approval 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 Lender liable for any funds other than those
placed in deposit by the Developer in accordance with the foregoing provision; provided,
I
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 receiving written approval from
the County.
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 Lender'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 the Lender.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this T 4 day of _K4bF— Z .
2011.
TABLE INSET:
SIGNED IN THE PRESENCE OF:
Habitat for Humanit of Collier County Inc
B.
NicX Kouloheras
Samuel J Durso
President
Printed n e �..t5 Q L� k 0 vV
Berman
ATTEST:
TABLE WER,,.
iS�IT E B.R10G CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Deputy Cier �, Ch411
Berman
Approvedlm-tg gk�i.and legal
sufficiency:
is Wks
Assistant County Attorney
Faith Landing - Balance of Phase 1
Engineer's Opinion of Probable Costs - December 21, 2011
Habitat for Humanity of Collier County - JEI #20076890
ITEM DESCRIPTION
UNIT
QUANT.
UNIT COST
COST
0.75" ASPHALTIC CONCRETE TYPE S (FINAL LIFT)
SY
3241
$4.00
$12,964.00
4' LIMEROCK BASE, LBR 40 (SIDEWALK)
SY
752
$8.00
$6,016.00
4" CONCRETE SIDEWALK (REINFORCED)
SY
752
$2200
$16,544.00
SITE LIGHTING (8 LIGHTS)
LS
1
$10,000.00
$10,000,00
SIGNAGE AND STRIPING
LS
1
$2,000.00
$2,000.00
LAKE TRAFFORD TURN LANE IMPROVEMENTS
LS
1
$54,793.71
$54,793.71
Z IL
� Igt� 9L6. L1
ESTIMATED TOTAL $102,317.71 '
Engineer's Opinion of Probable Costs Page 1 of 1
APPLICATION AND CERTIFICATE FOR PAYMENT
To Oeew- Habitat for Humanity
of Cooler County int~
11145 East Tamiami Trail
Naples. FL 34113
Fmm 0Wb2Mr Sorties lr►c
P.O.. Box 9140
Naples, FL 34101
COMact For:
r'ot'rC Faith Landing - Phase 1
ilia (ArehlEnaj:
CONTRACTOR'S APPLICATION FOR PAYMENT
R t. as shown betaw, in c_ngW„t %0"Correct
1.Original Contra Sum .......
2. Net Chw4ge
y Chan
3 B Coau=t Sum To Date& Order .
4. Total Completed and Stored To Date ................
S. ..........
a• "a ofCompRted Work
b: OAM ofStoced Material
$O.00
$0.00
Tool Retainage
6. Total FmrnM Las Betaine .. .
7- less Previous Certincates For Payments......... _
8. Ctnrrarnt Payment Due _ ......................... .
9- Balance TO Frnidx Plus Retainage .. - - ..... .
" U""101R t7 Owarr
Toed I1pPt Wed *4 MWA
BY Cltattge Order
GL n
CHECK
DATE PD
$0.00
$0.00
$0.00
SO -00
5796.085.08
5796.08508
$25,202.76
$0.00
525,20276
$0.00
525,20276
S"0.882.32
lnv'OiM S. 10237
AVifeatim 140.: 1
CWbWPO,
Period %: 4/2612011
Project mm
Comtraet Date
Job No. 11036.
Distribution to:
Q Owner
d Archkw 1 EngiUear
Q Contractor
The unde:sWW Contractor ce tfies that to the bcst orthe Corzmetoft knowiedM
in�nnoaccordance
and
with the Contract d belief the Work covered by this Applicata m for Payment has been compictod
a >3o�neaUs, that all �
for Work for which previous CerdBeatcs for have been PaJ tneot paid by the Conn.,
the Owner. and that cm e t payoretrt shown betel. is n
no"
nrnts rctcived firom
a� JaAM MM
r AW
L'ONTIiACTOR: BOnrte551t1C
0PMJVr82a2M3
�+rwNis
Subsmgxd and s rorn w bAtbre me toes 2.4 - Cmmty of- t-e,�
Noury P°bli��� q / f�/v1 � of ��.�- � Ii Z•t7 ` t
My Comae mon ac*=
ARCHffECTJ ENGtrtEER'S CtiERTIFit:ATE fOR PAYME'MT
In accordancewoof theeontraa
S above. mss, bayed on O"k obluvatiom and the dm
WgoR t .art[Les m the Owner th= to the bat of Ube
q� Wity�s e, fs in dgq ;� ata belief the Work ha Posed as iadn:,ttd,
We ora: is in eaordattce with art Comma
is Mtitkd to ent of the AMOUNTCERT[FIFD. is the Coaaaaor
P
AMOUNT CERTIRED S $25.20Z76
wdions bola rarer. Ggures°ntlasgpPy�riobomd
d.
$0.00 1 t3N
OW
$0.00 By: 1
etc: � � �(
$0 00 This Certif=m is not negotimble. The AMO
Conuactnr ttamod UNTCERTtF1ED is Payabit only m the
PmJ�� r sty >w bm *ram L" � C�n� °Mance orpaymMa are �dnhout
under this Conhact.
N
RESOLUTION NO. 17-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN FAITH
LANDING PHASE ONE, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
51, PAGES 46 THROUGH 50; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
October 25, 2011, approved the plat of Faith Landing Phase One for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and
drainage improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Faith Landing Phase One ,
pursuant to the plat thereof recorded in Plat Book 51, pages 46 through 50, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that Collier County accept the
plat dedications and that Tracts R-1 and R-2 will be maintained by Collier County
pursuant to the plat dedications. The drainage improvements will be maintained privately
by the Faith Landing Homeowner's Association.
cA0
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2017.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Scott A. Stone P A
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR, CHAIRMAN
c90