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Agenda 07/10/2018 Item #16A 807/10/2018 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Black Bear Ridge Phase I, Application Number AR-6179, 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 plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On February 13, 2007, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Black Bear Ridge Phase I. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association, with the exception of Tracts ‘A-1’ (a portion of Pristine Drive) and ‘A-3’ (a portion of Wolfe Drive), which will be maintained by the County. 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.3 of the Land Development Code. A copy of the document is attached. 5) This project is within the Wolf Creek PUD, Ord. 07-46, as amended, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association, with the exception of Tracts ‘A-1’ (a portion of Pristine Drive) and ‘A-3’ (a portion of Wolfe Drive), which will be maintained by the County. The existing security in the amount of $816,420.81 will be released upon Board approval. The original security in the amount of $3,057,906.50 has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated August 30, 2005. 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 Black Bear Ridge Phase I, Application Number AR-6179, 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: Lucia S. Martin, Technician, Development Review Division 16.A.8 Packet Pg. 580 07/10/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Construction, Maintenance and Escrow Agreement (PDF) 3. Resolution (PDF) 16.A.8 Packet Pg. 581 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 5801 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Black Bear Ridge Phase I, Application Number AR -6179 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 07/10/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/30/2018 10:00 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/30/2018 10:00 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/30/2018 2:17 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/31/2018 8:27 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2018 12:12 PM Road Maintenance Travis Gossard Additional Reviewer Completed 06/05/2018 1:44 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/05/2018 4:43 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:37 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/07/2018 4:42 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/07/2018 4:52 PM Growth Management Department James C French Deputy Department Head Review Completed 06/08/2018 9:35 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:33 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2018 7:22 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2018 9:05 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:45 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/30/2018 12:34 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.A.8 Packet Pg. 582 BLACK BEAR RIDGE PHASE ONE LOCATION MAP 16.A.8.a Packet Pg. 583 Attachment: Location Map (5801 : Final Acceptance - Black Bear Ridge Phase I) CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDTVISION TMPROyEMENTS:(TffiRASTRUCTURE) THIS AGREEMENT entered into this 3ot * day of August, 2005 by Buckstone Estates,LLC, a Florida limited liability company (hereinafter ,.Developer"), THE BOARD OF coLNTY COMMISSIONERS oF COLLIER couNTy, FLORIDA (hereinafter the..Board"), and Orion Bank, a Florida banking corporation (hereinafter ..Leude1'). _ 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: Black Be*Edg". B. The subdivision will include certain improvements which are required by Collier county ordinances, as set forth in a site construction iost estimate ('Estimate'j pr"p*.a uy q. Grady Minor & Associates, P.A., a copy of which is attached hereto and incorporatid herein as Exhibit 1. For purposes of this Agreement, the 'R.equired Improvements,, ,r" ti-it.a to those described in the Estimate. C' Sections 10.02.05 and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land Development Code require 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 June 2, 2005 (the "construction Loan') to fund the cost of the Required Improvements. P Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is THREE MILLION FIFTY-SEVEN THOUSAND NINE HLJNDRED slx AND 50/to0 DOLLARS ($3,057,906.50), 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 consfiucted pursuant to specifications that have been approved by the Development services Director within 12 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold THREE MILLION FIFTY-SEVEN THOUSAND NINE HUNDRED SD( AND 5O/lO0 DOLLARS ($3,057,906.50) from the Construction lpan, in escrow, pwsuant to the terms of this Agreement. the {rept Orion Bank account number for this account is 8500006690. &( RECITAIS ORIGINA L THREE MILLION FIFTY-SEVEN + /4q* {. dles r,rn+ cL.ouurrq-,a-r kh1&(^J.L,- suP '., r ' tr{tklotr 3. Lender agrees to hold in escrow 16.A.8.b Packet Pg. 584 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I) THOUSAND NINE HUNDRED SIx AND 5O/1OO DOLLARS ($3,057,906.50) from theconstruction Loan, to be disbursed only pursuant to this Agreement. Lender acknowredges thatthis Agreement shall not constitute a draw against the Construction Loan fund, but that only suchfunds as are actually disbursed, whether lursuant to this Agreement or a frovision of trreConstruction Loan, shall accrue interest. 4. The escrowed firnds shall be released to the Deveroper only upon written approvarof the Development Services.Dir_ector who shafl approve the release or tir" h-a. on oeposit notmore than once a month to the Developer, in arnounts due for work done to date basei on the !_eJ:entage completion of the work multiplied by the respective work costs less ten percent(10%); and fu1her, that upon completion of the work, the bevelopment services Director shalluqqrgr. -thg release of any remainder of escrowed funds except to the extent of $305,790.65which shall remain in escrow as_ a -Deveroper guaranty of maintenance of the RequiredImprovements for a minimum period of one 1t j year-pursuant to paragraph l0 of the Agreement.However, in the event that Developer *ruri a io comply *itt- tn" requirementi of thisAgreement, then the Lender agrees to pay to the county immidiately upon d'emand the balanceof the funds held in escrow by the Linder, as of the date of the demand, provided that uponpayment of such balance to the county, the county will have executed *a a.tiu"r"o to m.Lender in exchange for such funds a statement to be signed by the Develop.rni -s"*i"r. Director to the effect that: (a) - Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of tiris agreement; (b) The County, or its authorized agent, will complete the work called for under theterms of the above-mentioned contract or will compleie such portion of such work as theCounty, in its sole discretion shall deern ,ec".rary'in the public interest to the extent ofthe funds then held in escrow; (c) The escrow firnds drawn down by the County shall be used for construction oftheRequired Improvements engineering, legal and contingent costs and "*p"nr"r, *a tooffset any- damages, either direct or consequential, which the county may rurtuin o,account of the failure of the Developer to carry out and execute the abovi-mentioned development work; and, (d) The county will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. written notice to the Lender by the county speci$ing what amounts are to bepaidto the Developer shall constitute authorization by the iounty to tti" L-do for."lease ofthe 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 funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been 16.A.8.b Packet Pg. 585 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I) fumished to be reviewed an! approved by the Development Services Director for compliancewith the Collier County Subdivision Regulations. 7. The county Manager or his designee shall, within sixty (60) days ofreceipt ofthe statement of substantial completion, either: a) notiry the Developer in wriiing"of his preiiroinary approval of the improvements; or b) notify the Developer in wriiing of his rehrsal to approrre thei1l..or9m.1r1s, therewith speciffing those conditions which the Deieloper must fuIfill'in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constucted and submitted for approval in accordance with the requirements of this Agreement. 8' should the funds held in escrow be insufficient to comprete the Requiredlmprovements, the Board, after duly considering the public interest, may at ^its option completethe Required Improvements and resort to any anJ ail legal remedies against the oeieloper. - 9. Nothing in this Agreement shall make the Lender liable for any funds other thanthose-placed in deposit by the Developer in accordance with the foregoing prlri.i-; f.oua.a,that the Lender does not release any monies to the Developer or to any other person except asstated in thrs Escrow Agreement to_ include closing the account or disburslng ,ny n J, from theaccount without first requesting and received writtin approval from the co,n'ty- ' -- . . 10. The Developer shall maintain all Required Improvement for one year afterpreliminary approval by the county Manager or his disignee. After the one year *iirrt"n*."period by the Developer and upon submission of a- written request foi i^p"liio", trr"Development Services Director shall inspect the Required Improvements and, if found to be stillin compliance with the code as reflicted by final approval by the Board, the Lender,sresponsibility to the Board under this Agreement is terminated. The Developer's responsibility for.maintenance of the Requied Improviments shall continue unless or untii 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 ofthe Developer and the Lender. (Remainder of Page Intentionally Left Blank- Signatures Begtn on Next page) 16.A.8.b Packet Pg. 586 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I) E By: Catalina Land Group, a Florida corporation, iB Manager By: lam L. Hoover, President LENDER: Orion Bank, a Florida banking corporation By, N Name: Name: ATTEST: J RE"dyA, Raschle ritte: stuz?x lt'cE 02e'g,b6{.rr . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Clerk rl ast r"ii Feeo b, e-ov La 3 ?rproygg as.A,fiini and legal sufliciency: Assi t County AJENwrFE<.A.Dio 'r Name Name: sl(fill.li.dlold'lo.s€l*ctoB'\r5*llEdEIe ^std E erd$m r'r's'*de IN WITNESS WHEREOF, the Board and the Deveroper have caused this Agreemenl to be executed by their duly aurhorized.represenratives rhis "_,..{4d ay of pIJyS. @DEVELOPER: BUCKSTONE ESTATES, LLC, a Florida limited liability company V-L l^r. Chairman 16.A.8.b Packet Pg. 587 Attachment: Construction, Maintenance and Escrow Agreement (5801 : Final Acceptance - Black Bear Ridge Phase I) 16.A.8.c Packet Pg. 588 Attachment: Resolution (5801 : Final Acceptance - Black Bear Ridge Phase I) 16.A.8.c Packet Pg. 589 Attachment: Resolution (5801 : Final Acceptance - Black Bear Ridge Phase I)