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Agenda 07/22/2008 Item #16A12Agenda Item No. 16Al2 July 22, 2008 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to accept an alternate security from the current owner of Tuscany Reserve, and to enter into a new Construction, Maintenance and Escrow Agreement for Subdivision Improvements OBJECTIVE: To accept an alternate security for the required subdivision improvements associated with Tuscany Reserve and to enter into a Construction, Maintenance and Escrow Agreement with the current owner of the subdivision. CONSIDERATIONS: On January 28, 2003, the Board approved the plat for Tuscany Reserve and entered into a Construction and Maintenance Agreement for Subdivision Improvements with the developer. A new developer has purchased the project and has provided a 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: $79,860.36, as reflected in the Executive Summary of January 28, 2003. 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. JW RECOMMENDATIONS: 1) That the Board of County Commissioners approve the alternate security and authorize the Chairman to execute the Construction, Maintenance and Escrow Agreement. 2) Release WCI from the existing Agreement and return the posted performance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Page 1 of 1 Agenda Item No. 16Al2 July 22, 2008 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16Al2 Item Summary: Recommendation to accept an alternate security from the current owner of Tuscany Reserve, and to enter into a new Construction, Maintenance and Escrow Agreement for Subdivision Improvements. Meeting Date: 7/22/2008 9.00.00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Environmental Services Engineering Services 6123/2008 1:13:55 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 6/23/2008 2:10 PM Approved By William D. Lorenz, Jr., P.E. Environmental Services Director Date Community Development & Environmental Services Environmental Services 6/2512008 10:12 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development& Community Development& Environmental Services Environmental Services Admin. 7/8/2008 11:07 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 7/9/2008 4:05 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/9/2008 4:17 PM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 7/9/2008 5:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 711112008 12:53 PM file: / /C:AAgendaTest \Export\111- July% 2022,% 202008 \16. %2000NSEN,r %20AGENDA \1... 7/15/2008 NNOI Q °oo � N M N N pN � E ' m -o a O LLJ U) S� L O O W W N W r z U 7 H 3 " tl� 1 � al _ F S w U Ya O LLJ U) S� L O O W W N W r z U 7 H 3 " tl� Ya ds ay, 9 n I y I 4ws � g 5 s c`y � f �. l 3 9qq VL O LLJ U) S� L O O W W N W r z U 7 H Agenda Item No. 16Al2 July 22, 2008 Page 4 of 9 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT (the "Escrow Agreement ") is entered into this 27th day of May, 2008 by AB Naples, LLC, a Delaware limited liability company (hereinafter "Developer "), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter, the `Board ") and GOODLETTE, COLEMAN, JOHNSON, YOVANOVICH & KOESTER, P.A. (hereinafter "Escrow Agent'). RECITALS: A. Developer has, previously obtained the approval by the Board of a certain plat of a subdivision known as Tuscany Reserve according to the plat thereof recorded in Plat Book 39, Pages 88 -95 of the Public Records of Collier County, Florida. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ( "Estimate ") previously prepared by or at the direction of the Developer of the subdivision and previously approved by the Board. 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. In conjunction with entering into this escrow agreement (the "Escrow Agreement ") Developer has deposited with Escrow Agent $1,434,259.20 to guaranty the completion of the remaining Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is currently required to guarantee pursuant to this Agreement is $1,434,259.20, and that this amount represents the Board's current estimate of the remaining costs to be incurred to complete the Required Improvements plus 10% of the total estimated cost of the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: 1. Developer will cause the remaining portions of the Required Improvements to be constructed pursuant to specifications that have been approved by the County Manager or his designee, by April 7, 2009. 2. Developer hereby authorizes Escrow Agent to hold $1,434,259.20 (the "Escrow Funds "), in escrow, pursuant to the terms of this Agreement. Agenda Item No. 16Al2 July 22, 2008 Page 5 of 9 3. Escrow Agent agrees to hold the Escrow Funds, to be disbursed only pursuant to this Agreement. 4. The Escrow 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 Escrow 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 1/o); and further, that upon completion of the work, the County Manager or his designee shall approve the release of any remainder of Escrow Funds except to the extent of $450,627.00 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 this Agreement. However, if Developer fails to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the Escrow Funds, 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 Escrow Agent 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 Escrow 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 Developer any portion of the Escrow Funds not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent 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 2 Agenda Item No. 16Al2 July 22, 2008 Page 6 of 9 been furnished to and 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 after 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 preliminary 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. If the undisbursed portion of the Escrow Funds are 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 Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as permitted by the terms of this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval of the Required Improvements by the County Manager or his designee. After the one (1) 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 of such improvements by the Board, the Escrow Agent's responsibility to the Board under this Agreement shall automatically terminate. 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives effective as of the 27th day of May, 2008. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: PrintName: yWcoto thrLec Print NamC(jUhfCQA jjjWC,0 1 ATTEST: Dwight E. Brock, Clerk Deputy Clerk Agenda Item No. 16Al2 July 22, 2008 Page 7 of 9 DEVELOPER: AB Naples, LLC, a Delaware limited liability company By: AB Naples Holdings, LLC, a Delaware limited liability company Its: Manager and Sole Member By: AB Tuscany Holdings, Inc., a Delaware corporation Its: Manager Rainer N. Filthaut, President ESCROW AGENT: Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A. N .5141 By: _ A'� Kev' . Co man, President Approved as to form and legal sufficiency: T it Jeff R tight, Assistant County Attorney THE BOARD: Board of County Commissioners for Collier County, Florida By: Print Name: TD M H EIV 4 1x14 Chairman S: \CUENTS\Addm Bank \001 Gen RepTlatting\CME -Tuscany Reserve Plat.doc 4 Agenda Item No. 16Al2 July 22, 2008 Page 8 of 9 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project Name: Tuscany Reserve - Phase I B & 1 C SUMMARY Date: March 3, 2005 Project Number: WST -TR -012 Paving and Grading $303,240.00 Storm Drainage $126,730.00 Sanitary Sewer $331,837.40 Potable Water $191,110.00 Irrigation $40,650.00 Total $993,567.40 110 % of TOTAL $1,092,924.14 x, ;,1 1,"E141, Zy9.ZG T. StKkland T. Smith Florida ProfeasionAl Engineer 050652 Heidt & Associates, Inc. Date 7 y, aJ__ — Phone 239 -482 -7275 239- 462 -2103 3/3/2005 Heidt Associates, Inc. Page 1 of 6 PH1 B & 1C Quandtles 030305.xis H E I D T & ASSOCIATES, INC. CIVIL ENGINEERING SURVEYING ENVIRONMENTAL PERMITTING PLANNING LANDSCAPE ARCHITECTURE ❑ Tampa 2212 W. Swann Avenue Tampa. FL 33606 -2426 Phone: 813.253.5311 Fax: 813.253.2478 r Fort Myers 3800 Colonial Blvd., #200 Fort Myers, FL 33912 -1075 Phone: 239.482 7275 Fax: 239.482.2103 z Sarasota-Manatee 401 Interstate Boulevard Sarasota. FL 34240 -8996 Phone: 941.342.8280 Fax: 941.342.8457 Agenda Item No. 16Al2 July 22. 2008 Page 9 of 9 March 3, 2005 Mr. John Houldsworth Engineering Services Department Collier County Community Development Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: Tuscany Reserve Phase 1 PPL- 2002 -AR -2274 Bond Reduction Dear Mr. Houldsworth: Preliminary approval has been granted by Collier County for Phases IA, IA- 1, IA-2, IA-3, IA-4 & IA-5 of Tuscany Reserve Phase 1. Phase 1B and 1C remain to be constructed. We are requesting a reduction in the bond amount from $4,506,274.74 to $1,434,259.20, which was calculated as follows: Original Bond Amount = $4,506,274.74 Less Remaining Phase IB and I C Estimate = $1,092,924.14 Completed Phases Amount = $3,413,350.60 10% of Completed Phases = $341,335.06 Remaining Phase 1B and 1C Estimate = $1,092,924.14 New Bond Amount = $1,434,259.20 Paver Bricks were used in lieu of asphalt for the roads, therefore there is no 2nd lift of asphalt required. A copy of the Bond, Approved "Engineer's Estimate ", updated "Engineer's Estimate" for remaining Phases 1B and 1 C, and Preliminary Acceptance letters are attached. Please note that the unit prices for Phase 1 B and I C have been updated to reflect current pricing. If you have any questions, please contact us. Sincerely, HEIDT AND ASSOCIATES, INC. Michael C. Pappas, P.E. Project Engineer mpaonas(a),heidtinc.com cc: Dan Ciesielski WST -TR 4 P: \Tuscany Reserve\Phase I\Construcumo Bond Reduct Ph] 030305.doc