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Agenda 07/10/2018 Item #16A 907/10/2018 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Black Bear Ridge Phase II, Application Number AR-8381 with the roadway and drainage improvements being privately maintained; 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 September 13, 2011, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Black Bear Ridge Phase II. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association, with the exception of Tract A-1, which is a portion of Pristine Drive and will be maintained by Collier 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 Wolfe 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 Tract A-1. The existing security in the amount of $90,702.18 will be released upon Board approval. The original security in the amount of $231,116.74 has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated September 27, 2006. 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 II, Application Number AR-8381, 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.9 Packet Pg. 590 07/10/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 16.A.9 Packet Pg. 591 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 5802 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Black Bear Ridge Phase II, Application Number AR -8381 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 10:14 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/30/2018 10:14 AM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/31/2018 8:22 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2018 11:31 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/04/2018 11:33 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/05/2018 8:31 AM Road Maintenance Travis Gossard Additional Reviewer Completed 06/05/2018 1:45 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:42 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/07/2018 4:52 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 9:37 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/08/2018 2:37 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 9:16 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:46 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/30/2018 12:38 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 16.A.9 Packet Pg. 592 BLACK BEAR RIDGE PHASE TWO LOCATION MAP 16.A.9.a Packet Pg. 593 Attachment: Location Map (5802 : Final Acceptance - Black Bear Ridge Phase II) CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDTVIS ION IMPROVEMENTS-(INFRAS TRUCTI]RE) THIS AGREEMENT entered into this *'?t* day of September, 2006 by BUCKSTONE ESTATES, LLC, a Florida limited liability company (hereinafter "Developer"), THE BOARD OF COTINTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA (hereinafter the "Board"), and ORION BANK, a Florida banking corporation (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: Black Bear Ridge Phase II. 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 Q. Grady Minor & Associates, P.A., 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 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. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is TWO HUNDRED THIRTY-ONE THOUSAND ONE HUNDRED SXTEEN AND 74/100 DOLLARS ($231,116.74), and this amount represents ll0% 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: l. 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 Development Services Director within 12 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold TWO HLINDRED THIRTY-ONE THOUSAND ONE HLINDRED SIXTEEN AND 741100 DOLLARS (S231,116.74) from the Construction Loan, in escrow, pursuant to the terms of this Agreement. The current Orion Bank account number for this account is 8500006690. 16.A.9.b Packet Pg. 594 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) 3. Lender agrees to hold in escrow TWO HUNDRED THIRTY-ONE THOUSAND ONE HUNDRED SIXTEEN AND 741100 DOLLARS ($231,116.74) from the Construction Loan, to be disbursed only pursuant to this Agteement. Lender acknowledges that this Agreement shall not constitute a draw against the Constmction 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 Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amormts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (i0%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of$47,591.23 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pwsuant 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 ofthe demand, provided that upon payment ofsuch 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 Development Services 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 this agreement; (b) The County, or its authorized agent, will complete the work called for r,rnder 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 ofthe 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 ofthe 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 ofthe specified funds to the Developer. Pa)rynent 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 iounty 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.9.b Packet Pg. 595 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) fumished to be reviewed and approved by the Development Services Director for compliance with 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) notify the Developer in writing of his preliminary approval ofthe improvements; or b) notify the Developer in writing ofhis refusal to approve the improvements, therewith specifying those conditions which the Developer 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 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 fi.rnds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, 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 received written approval from the County. 10. The Developer shall maintain all Required knprovement for one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Deveioper and upon submission of a written request for inspection, the Development Services Director 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 Improvernents 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 ofthe Developer and the Lender. (Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page) 16.A.9.b Packet Pg. 596 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this Z?re day of September, 2006. DEVELOPER: BUCKSTONE ESTATES, LLC, a Florida limited liability company (Pnnt 1 " DWIGHT Cldrk ,), By: Catalina Land Group, a Florida corporation, its Manager BOARD OF' COT]NTY COMMISSIONERS oF coLLrER COUNTY, FLORTDA Chairman Name:By: William L. Hoover, President LENDER: Orion Bank, a Florida banking corporation Name J+hlnru-11uns1 l4rrl;CE k t4lLLQ€ Fa"tNufr", ,-fff,/il.>/0/ritte: 5e-a,rio* l/oc€ /z49|bat*r ATTEST: nor,!.o cr . tl gnrtum Approved aq to form and legal sufficiency: BY:-Jeff E Assistant County AttorneY Si,6rcg\Oiot Folds.Uloovo\Blrk Bs.r RidSc SuMivision\Pld-Pblsc ncorsfrclio, MriDlaecc ud Essow ASrMrot for Strbd;visio lrrp.ovma6- PH,\SE ll.d@ 16.A.9.b Packet Pg. 597 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) SCHEDULE "A" SCHEDULE *8" SCHEDULE'C" SCHEDIJLE'D" SCHEDULE"E'' BLACK BEAR RIDGE - PHASE II SUMMARY Site Work Drainage System Sanitary Sewage Collection System ' WaterDistribution System Roadway Consbuction Total lncludes l57c contigency: ESTIMATED % OF PROGRESS AS OF 9-15-06r REMAINING AMOUNI: PROPOSED BOND AMOUNT (10% TOTAL PLUS TOO% OF Budget Couumed $64,752.80 U6U.7)Z.EU $109,841.25 5l u0,z4l,z) b77,699.20 $11.699.20 $47.693.50 SI IJ.E5U.UO $0.0t s{t s,912.26 T$2j-,JTC75I 6lch $183,525.51 G:VOB\A-B\BH5 0E2\Const 16.A.9.b Packet Pg. 598 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) Growth Management Department ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Zoning and Land Development Review January 30, 2007 Mr. Patrick Miller Orion Bank Immokalee Road Naples, FL. 34110 RE: Black Bear Ridge Phase II, Construction, Maintenance and Escrow Agreement Account No. 8500006690 / Buckstone Estates, LLC Dear Mr. Miller: Please be advised that based on the work completed to date, the funds in the Construction, Maintenance and Escrow Agreement for Subdivision Improvements may now be reduced by $140,414.56, leaving an available balance of $90,702.18. If I can be of any further assistance to you in this regard, please let me know. Sincerely, John R. Houldsworth Senior Engineer Cc: Tom Kuck, P.E., Engineering Director 16.A.9.b Packet Pg. 599 Attachment: Bond Basis (5802 : Final Acceptance - Black Bear Ridge Phase II) 16.A.9.c Packet Pg. 600 Attachment: Resolution (5802 : Final Acceptance - Black Bear Ridge Phase II) 16.A.9.c Packet Pg. 601 Attachment: Resolution (5802 : Final Acceptance - Black Bear Ridge Phase II)