Agenda 11/10/2009 Item #16A 4
Agenda Item No, 16A4
November 10. 2009
Page 1 of 10
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Recommendation to accept an alternate security from the owner of Regal Acres, and to
enter into a new Construction, Maintenance and Escrow Agreement for Subdivision
improvements
0BJECTIVE:
To accept an alternate security for the required subdivision improvements associated with Regal
Acres and to enter into a Construction, Maintenance and Escrow Agreement with the owner of
the subdivision.
CONSIDERA TIONS:
On September 29, 2009, the Board of County Commissioners approved the plat for Regal Acres
and entered into a Construction and Maintenance Agreement for Subdivision Improvements with
the developer. The developer has provided a revised Construction, Maintenance and Escrow
Agreement for Subdivision improvements. This process is consistent with Section 10.02.05 A.4
of the Collier County Land Development Code.
FISCAL IMPACT:
.",_.,
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project: Total: $70,741.00, as reflected in the
Executive Summary of September 29,2009.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this approval.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Construction, Maintenance and
Escrow Agreement for legal sufficiency. This item is ready for approval by the Board of
County Commissioners. STW
RECOMMENDATION:
1) That the Board of County Commissioners approve the alternate security and authorize the
Chairman to execute the Construction, Maintenance and Escrow Agreement.
,-..
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summa!)':
Meeting Date:
L Y6""'" .L V.L .1.
Agenda Item t\Jo. 16A4
November 10, 2009
Page 2 of 10
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BOARD OF COUNTY COMM!SSIONERS
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Recommendation to accept an alternate security fmm the owner of Regal Acres, and to enter
into a new Construction, Maintenance and Escrow Agreement for Subdivision Improvements.
11/10/2009 9:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
10/22/20096:46:10 AM
Approved By
Steven Williams
Attorney's Office
Assistant County Attorney,
Date
Attorney's Office
10/22/200911:14 AM
Approved By
,Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
Date
Approved By
10/22/2009 11 :48 AM
William D, Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
10/27/20098:37 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/27/200912:56 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
10/27f2009 2:42 PM
Approved By
Jeff Klatzkow
County Attorney
County Attorney
Date
County Attorney Office
10f30f2009 2:21 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10f30f2009 3:22 PM
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Agenda Item No. 16A4
November 10, 2009
Page 4 of 10
ESCROW AGREEMENT
FOR CONSTRUCTION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS
TIllS AGREEMENT entered into this day of ,20_ by HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. (hereinafter "Habitat"), THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, (hereinafter "The Board")
and NORTHERN TRUST, NA as Escrow Account Agent (hereinafter "Agent").
RECITALS:
A. Habitat has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be knO\vn as Regal Acres.
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 ("Required Improvements").
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
assurances for the construction and maintenance of the Required Improvements.
D. Agenthasopeneddepositaccount#2&'"t{OS'70j12 on 1-Z~3 ,200Cl,
(the "Escrow Account") to fund the cost of the Required Improvements. I
E. Habitat and the Board have acknowledged that the amount Habitat is required to escrow
pursuant to this Agreement is $2,953,046.89, and this amount represents 110% of the
Habitat'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, Habitat, the Board and Agent do hereby covenant and agree as follows:
1. Habitat 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 twelve (12) months from the date of approval of said
subdivision plat. .
2. Habitat hereby authorizes Agent to hold $2,953,046.89 from the Escrow Account, in escrow,
pursuant to the terms of this Agreement.
3. The escrowed funds shall be released to the Habitat 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 Habitat, 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
,A,genda Item Ho. 16.4.4
r'~ovember 10, 2009
Page 5 of 10
release of any remainder of escrowed funds except to the extent of$268,458.80, which shall
1 emain in escrow as Habitat's guaranty of maintenance of the Required Improvements for a
minimum period of one (l) year, pursuant to Paragraph 10 of the Agreement.
However, in the event that Habitat shall fail to comply with the requirements of this Agreement,
then the Agent agrees to pay to the County immediately upon demand, the balance of the funds
held in escrow by the Agent, as of the date of the demand, provided that upon payment of such
balance to the County, the County WIll have executed and dehvered to the Agent, in exchange for
such funds, a statement to be signed by the County Manager or his designee to the effect that:
(a) Habitat for more than sixty (60) days after \\Titten notitication 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 the Escrow Account;
(c) The escrow funds drawn by the County shall be used for construction of the
Required Improvements, engineering, legal i'lnd 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 Habitat to carry out and execute the above-mentioned development work; and
(d) The County will promptly repay to Agent any portion of the funds drawn and not
expended in completion of the said development work.
5. Written notice to Agent by the County specifying what amounts are to be paid to Habitat
shall constitute the County's authorization of Agent to release only those specified funds to
Habitat. Payment by Agent to Habitat of the amounts specified in a letter of authorization from
the County to Agent shall constitute a release by the County and Habitat of 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 Habitat'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 Habitat in \\Titing of his preliminary approval of the
improvements; or b) notify Habitat in writing of his refusal to approve the improvements,
therewith specifying those conditions which Habitat 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 \vith 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 Habitat.
Agenda Item No. 16A4
November 10, 2009
Page 6 of 10
9. Nothing in this Agreement shall make Agent liable for any funds other than those placed on
deposit by Habitat in accordance with the foregoing provision; provided that Agent does not
release any monies to Habitat, 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. Habitat shall maintain all Required Improvements for one year after preliminary approval
by the County Manager or his designee. After the one year maintenance period by Habitat, 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 Agent's responsibility to the Board under this
Agreement is terminated. Habitat's responsibility for maintenance of the Required Improvements
shall continue unless or until the Board accepts maintenance responsibility for and by the
COWlty. Upon such written acceptance by the Board, the balance in the Escrow Account shall be
disbursed to Habitat.
11. All of the terms, covenants, and conditions herein contained are and shall be binding upon
the respective successors and assigns of Habitat and Agent.
12. Agent may resign at any time by (a) giving thirty (30) days' prior written notice to the
Board and Habitat, or (b) delivering the amount in the Escrow Account to the Court in any
action, whether or not initiated by the Agent. Agent may be removed by the Board and Habitat
jC'intly upon thirty (30) days' prior notice to Agent. Before the effective date of the resignation
or removal of Agent or any successor escrow agent, the Board shall appoint a successor escrow
agent (which successor escrow agent must be a banking institution) to hold the amount in the
Escrow Account and any such successor escrow agent shall execute and deliver to the Board,
Habitat and the predecessor escrow agent an instrument accepting such appointment, and
thereupon such successor escrow agent shall, without further act, become vested with all of the
rights, powers and duties of the predecessor escrow agent under this Agreement as if originally
named in this Agreement, and the predecessor escrow agent shall be relieved of its duties and
obligations under this Agreement. If at the expiration of the thirty (30) day notice period, the
Agent has not received a designation of a successor escrow agent or delivered the amount in the
Escrow Account to a Court of competent jurisdiction, Agent's sole responsibility after that time
shall be to safe keep the amount in the Escrow AccoWlt until receipt of (i) a designation of
successor escrow agent, (ii) joint instructions from the Board and Habitat, or (iii) a final order
from the Court.
13. The Board and Habitat agree, jointly and severally to indemnify and hold Agent, and its
directors, officers, employees, affiliates and representatives (individually, an "Indemnified
Party" and collectively, the "Indemnified Parties") harmless from and against any and a111088,
damage, claims, liabilities, judgments and other costs and expenses of every kind and nature
which may be incurred by an Indemnified Party by reason of Agent's acceptance of, and its
performance under, this Agreement, including without limitation, reasonable attorneys' fees for
,L~qenda Item ~~o. 16)\4
~November10,2009
Page 7 of '10
the defense of any liabilities incuned or othen\,ise, except to the extent any such loss, damage, claim,
liability, judgment, cost or expense resulted from Agent's willful mlsconduct or gross negligence.
N WITNESS WHEREOF, the Board. Habitat. and Agent have caused this Agreement to be
executed by their duly authorized representatives this day of , 20_
DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By: ,
Deputy Clerk Chairman
Approved as to form and legal
sufficiency:
I
1lt=-7.wQQ
I Assistant County Attorney
SIGNED IN THE PRESENCE OF:
Dr. Samuel J. Durso, President
State of Florida,
County of Collier
The foregoing instrument was acknowledged before me this 5L day of October, 2009
by Dr. Samuel J. Durso, who' s p rsonally know to me v or has produced _ identification.
Signature of Notary:
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Agenda Item No. 16A4
November 10, 2009
Page 8 of 10
Northern Trust, NA
By:
Polly Eide, 2nd Vice President
dV'
State of Florida,
County of Collier
~-tobeV'
The foregoing instrument was acknowledged before me this '=6 day of S0ptemher, 2009
by Polly Eide, w:Qjo is erso:!y know to me >< or has produced _ identification.
Signature of No .fuWO- ~ 1
!II CHRISTINE ,.. BEHM
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Printed Name ofNotar~y VV~'{lVlL t't, (;l...QY\V\r"-. ~ urc-.,....IV.......,S.2I11
cull\fRllMo'\ . DO "1M2
IaIldId ThfOlIIIl..........,,...
ReQal Acres - Enalneer's ODinion of Probable Costs
Habitat for Humanity of Collier County, - JEI #- 20077288
Agenda Item r\jq,.f?l~-s,4.
November 1 (1,7000
Page 9 of 10
General Costs
Item Unit Qtv. Unit eoat Cost
Mobilization LS 1 $5,000,00 $5.000.00
Lake Excavation CY 99,390 $1.88 $186,853.20
Imoort Fill (uncomoacted\ CY 150,000 $6.00 $900,000,00
sm Fence LF 5.485 $0.82 $4 497.70
Clearina and Grubbino AC 36.77 $1,000.00 $36,770.00
Rock Excavation CY 9,598 $3.87 $37,144,26
Rock Cmshlno lto bn p!!'ized as stabillzed subarade' CY 4,846 $4.24 $20,547.04
Turbidity Barrier LF 100 $9.23 $923.00
TOTAL:
$1,191,735.20
Roadway
Item Unit Qtv. Unit Cost Cost
Asonalt Pavement 1.5" Tvoe S-3\ SY 9,926 $6.00 $59,556.00
Umerock Base (8. LBR 100\ SY 9,926 $7.00 $69,482,00
Stabilized Suborade- (12. LBR 40\ SY 14,537 $1.39 $20.206.43
5' Concrete Sidewalk SY 4738 $10.00 $47,380.00
Vallev Curb & Gutter LF 8,652 $5.00 $43,260,00
Signaae and Stripping LS 1 $1,000,00 $1,000.00
estimated Sub-Total:
$240,884.43
Drainage
Item Unit Qtv. Unit Cost Cost
Pice, 12" HOPE LF 1,480 $12.00 $17,760.00
Pipe, 15. HOPE LF 1,523 $16.00 $24,368.00
Pice, 18" HOPE LF 925 $20.00 $18,500.00
PiDe, 24" HOPE LF 1,685 $25.00 $42.125.00
Pipe, 30" HDPE LF 573 $35.00 $20,055.00
18. Mitered End Section EA 4 $843.08 $3,372.32
24" Endwall EA 6 $1,000.00 $6,000.00
30. Endwall EA 3 $1,200.00 $3.600,00
4' Junction Box EA 6 $1,500.00 $9,000.00
Vallev Gutter Inlet, Traffic rated too EA 20 $2,000.00 $40,000.00
Bubble-uo Structure EA 1 $1,500.00 $1,500.00
Control Structure (CS-1 Tvoe C inleO EA 1 $3,000.00 $3,000.00
Yard Drains EA 22 $300.00 $6.600.00
Estimated Sub-Total:
$195,880.32
Potable Water
Item Unit Qtv. Unit Cost Cost
10. PVC OR18 LF 4,240 $11.00 $46,640.00
10" PVC OR14 LF 370 $14.00 $5,180.00
Sino Ie Water Service Connection EA 57 $400.00 $22,800.00
f--~ Double Water Service Connection EA 64 $500.00 $32,000.00
Permanent Samolina Point EA 2 $1.000.00 $2,000.00
Temoorarv Samolina Point EA 4 $150.00 $600,00
Hvdrant Assemblv EA 10 $3,000.00 $30,000.00
10" Gate Valve wlbox EA 16 $1,000.00 $16,000.00
Auto-flushina device assemblv EA 4 $2,500.00 $10,000.00
Air Release Valve EA 6 $600.00 $3,600.00
Estimated Sub-Total:
$168,820.00
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Agenda Item f\JCQI2:\~~4
November 1 0, 2'Du~
Sanlta v Sewer D ,,.,'" 1 n ~f 1 n
Unit Qtv. Unit Cost ~ Cost
Item
8" PVC - SDR 26 (3'.8' DeeD) LF 2,082 $14.00 $29,148.00
S" PVC. SDR 26 IS'.12' Deeol LF 1,750 $20.00 $35 000.00
S" PVC. SDR 26 112'.16' DeeD) LF 294 $24.00 $7,056.00
4' Sanitarv Manhole 13'-8' DeeD\ EA 12 $3.000.00 $36,000.00
4' Sanitarv Manhole (8'.12' DeeD) EA 5 $3,600.00 $18,000.00
4' Sanitary Manhole 112'.16' DeeD) EA 1 $4,200.00 $4,200,00
Double Sewer Service Connection EA 92 $500.00 $46,000.00
6" PVC Force Main DR14 LF 62 $9.00 $558.00
6" PVC Force Main DR18 LF 265 $7.00 $1.855,00
6" Pluo Valve EA 1 $500.00 $500.00
SinClI" Lift Station, 8' Wet Well ....-,,,... EA 1 $120,000.00 $120.000.00
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Air Release Valve EA 2 $3,000.00 $6,000.00
Item Unit Qty. Unit Cost Cost
4" PVC DR 18 Irriaation Main LF 4380 $6.00 $26,280,00
4" PVC DR 14 Irriaation Main LF 240 $6.00 $1,920.00
4" Gate Valve EA 14 $700.00 $9,800.00
Air Release Valve EA 4 $700.00 $2.600.00
Irrlaation Service Connection EA lS4 $200.00 $36,SOO.00
Blow-off Assemblv EA 4 $500.00 $2.000.00
Irriaation (trees \ EA 362 $30.00 $10.860,00
Irriaation (shrubs) EA 11767 $0.50 $5,883,50
Irrigation Pumps LS 1 $25,000.00 $25000.00
Item Unit Qty. Unit Coat Cost
Trees EA 362 $150.00 $54.300,00
'}( ShrubsfGroundcover EA 11767 $15.00 $176,505.00
Sod SF 688742 $0.30 $206.622.60
Estimated Sub-Total:
Irrigation
Estimated Subtotal:
Landscape
l!R'$)?
Estimated Subtotal:
Unit Coat
$1,000.00
Estimated Subtotal:
$304,317.00
$121,343.50
$437,427.60
Cost
$35.000.00
$35,000.00
Grand Total: $2,695,408.05
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