Agenda 07/10/2018 Item #16A1007/10/2018
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Black Bear Ridge Phase III, Application Number AR-9801 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 February 21, 2012, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Black Bear Ridge Phase III.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association.
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. The existing security in the amount of $103,454.01 is subject to the terms of
the Construction and Maintenance Agreement dated April 6, 2007 and will be released upon Board
approval.
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 III, Application Number AR-9801, 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.10
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07/10/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction, Maintenance and Escrow Agreeement (PDF)
3. Resolution (PDF)
16.A.10
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 5803
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Black Bear Ridge Phase III, Application Number AR -9801 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 10:36 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/30/2018 10:36 AM
Approved By:
Review:
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 11:34 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/04/2018 11:37 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/05/2018 2:13 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2018 4:43 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/07/2018 4:54 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/07/2018 4:57 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 2:39 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 9:21 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2018 9:47 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.10
Packet Pg. 604
BLACK BEAR RIDGE PHASE THREE
LOCATION MAP
16.A.10.a
Packet Pg. 605 Attachment: Location Map (5803 : Final Acceptance - Black Bear Ridge Phase III)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS-(INFRASTRUCTURE)
THIS AGREEMENT entered into this £>
ESTATES, LLC, a Florida limited liability company (hereinafter "Developer'), THE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the
"Board"), and ORION BANK, a Florida banking corporation (hereinafter "Lender").
day of April, 2007 by BUCKSTONE
RECITALS
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 III.
A.
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.
B.
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.
C.
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.
D.
Developer and the Board have acknowledged that the amount Developer is E.
required to guarantee pursuant to this Agreement is ONE HUNDRED THREE THOUSAND
FOUR HUNDRED FIFTY-FOUR AND 01/100 DOLLARS ($103,454.01), 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:
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.
1.
Developer hereby authorizes Lender to hold ONE HUNDRED THREE
THOUSAND FOUR HUNDRED FIFTY-FOUR AND 01/100 DOLLARS ($103,454.01) from
2.
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.10.b
Packet Pg. 606 Attachment: Construction, Maintenance and Escrow Agreeement (5803 : Final Acceptance - Black Bear Ridge Phase III)
Lender agrees to hold in escrow ONE HUNDRED THREE THOUSAND FOUR
HUNDRED FIFTY-FOUR AND 01/100 DOLLARS ($103,454.01) from the Construction Loan,
3.
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.
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 $35,731.71 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:
4.
(a) Developer for more than sixty (60) days after written notification of such failure
has failed to comply with the requirements of this agreement;
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;
(b)
(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 the
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 for preliminary approval
until a statement of substantial completion by Developer's engineer along with the final project
16.A.10.b
Packet Pg. 607 Attachment: Construction, Maintenance and Escrow Agreeement (5803 : Final Acceptance - Black Bear Ridge Phase III)
records have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Subdivision Regulations.
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.
7.
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.
8.
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,
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.
9.
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.
10.
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.
11.
(Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page)
16.A.10.b
Packet Pg. 608 Attachment: Construction, Maintenance and Escrow Agreeement (5803 : Final Acceptance - Black Bear Ridge Phase III)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this day of April, 2007.
DEVELOPER:
BUCK.STONE ESTATES, LLC.
a Florida limited liability company
q Jffr: J
ijyName: QErtO^'i^ )
By: Catalina Land Group,
a Florida corporation,
its Manager
(Prin
£
(Print Njame: U^-- V.N,C— ^ By:
William L. Hoover. President
LENDER:
Orion Bank,
a Floridajianking corporation
Print Name: (MT /i A H 1
By;
(
Name: /AT*ZrCfc" /C A7!/J-U&X.
Title: J/fvtS/'r/l, J7' C£T 'A^A r I wmesfem (Print Name:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
IGHIIENBR^CK.
it QMJ .'•v'cL, y\ /
ApprOvediasto J'onfiind legal sufficiency:
OA • 50^'. •
/\ I -
JAM£« COLETTA, CHAIRMAN
Jeff E. W/igfif Assistant County Attorney
A^ivx-UiC.ri :in;v.»vcntcuiId ih-c v *AiV'ijiti1 '.•••vcfltLck Hv.w' Rrtfjiv*'Ph;i*e !!l,l • He-u! ;Oi
16.A.10.b
Packet Pg. 609 Attachment: Construction, Maintenance and Escrow Agreeement (5803 : Final Acceptance - Black Bear Ridge Phase III)
Black Bear Ridge Phase III - PPL Submittal Fees
Plat Review: %\,O20O $/&/*> $1,000.00 + ($5.00 x2.48 acres)
Construction Plan Review:
$596.14
$1,788.42
a) Review (0.75% x
b) Inspection (2.25% x
$79,485.30 )
$79,485.30 )
Utility Plan Review:
a) Review (0.75% x
b) Inspection (2.25% x
$206.00
$618.00
$27,466.75 )
$27,466.75 )
CPA:
$350.00 $200.00 + ($25 per DU x
$5,000.00 max.
6 )
Fire Review:
$100.00 $100.00
Vegetation Removal & Site Filling
\,ptf6o it L $250.00 (1st acre) + ($50.00 per additional acre*l acres)
1.0 Acres Total
$1
-$500.00 Preapplication Meeting credit
| SSJ^.26 23<SZ Total Fees Payable to Collier County Board of County Commisioners:
(PPL Submittal)
G:\PROJ-ENG\BH50E3-BlkBrRdgPh3\06DP\PPl\[PPLSubmittalFees 5-2-06.xls]fees
RECEIVED
MA
BH50E 1 of [Pages]
16.A.10.b
Packet Pg. 610 Attachment: Construction, Maintenance and Escrow Agreeement (5803 : Final Acceptance - Black Bear Ridge Phase III)
16.A.10.c
Packet Pg. 611 Attachment: Resolution (5803 : Final Acceptance - Black Bear Ridge Phase III)
16.A.10.c
Packet Pg. 612 Attachment: Resolution (5803 : Final Acceptance - Black Bear Ridge Phase III)