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Agenda 02/23/2016 Item #16A 2 EXECUTIVE SUMMARY 2/23/2016 16.A.2. Recommendation to grant final approval of the private roadway and drainage improvements, for the final plat of Veronawalk Phase 4C, Application No. AR-12895 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security in the amount of$1,647,827.73. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approve of the infrastructure improvements associated with the subdivision and release the maintenance security in the amount of$1,647,827.73 CONSIDERATIONS: 1) On April 17, 2012, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Veronawalk Phase 4C. 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.1 of the Land Development Code. A copy of the document is attached. 5) This project is within the Winding Cypress PUD, Ordinance 02-35, 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 $1,647,827.73 will be released upon Board approval. The original security in the amount of$3,826,246.98 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated August 31,2010. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 Veronawalk Phase 4C Application Number AR-12895, and authorize; 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security in the amount of$1,647,827.73. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Bond 3) Bond Basis 4) Resolution Packet Page -229- 2/23/2016 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to grant final approval of the private roadway and drainage improvements,for the final plat of Veronawalk Phase 4C, Application No.AR-12895 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security in the amount of$1,647,827.73. Meeting Date: 2/23/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 1/11/2016 6:19:18 AM Approved By Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 1/12/2016 1:45:46 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 1/12/2016 1:46:5 8 PM Name: McLeanMatthew Title: Project Manager,Principal,Development Review Date: 1/19/2016 8:19:17 AM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 2/1/2016 7:47:37 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 2/2/2016 7:59:53 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Packet Page -230- 2/23/2016 16.A.2. Date: 2/3/2016 10:09:48 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 2/4/2016 2:17:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 2/10/2016 1:39:38 PM Name: CasalanguidaNick Title:Deputy County Manager,County Managers Office Date: 2/14/2016 12:15:20 PM Packet Page -231- 2/23/2016 16.A.2. trr -11P -.4r NIT -A alitliMUM ar,01030000 & ins.i■ Mull* '_I IIIIIIIflII11111I11 1=I_1IIIIIIIIIIIIIIII1 . z R� �` r 30r,uerviw 7 �,�� = I111IIIIIIIIIIIII uNa:i IIIIIIIIIIIIII �p y 2 IIIIIIIIIIIIIIIII1i= IIIIIIIItUIIII E ��� �� ,,rmi vt ?0 111 d '. , \ ..,„, -41/4-,„t4„,1 t il II i y l p M. a_ r 4pryr 1 l�pi�iur �t �j',. t, ' Slim+M A t }�l l d t t 7 , u o i'� nia�! i � I G�'�'" i . � ' ,, W� .I .111 011 s 1*i N91 O � 1 1 rt f � N i N,v.vNOa3n 1p M1E O ..,� 301v0 g VA Uss v)) O M31Q0s 00100 SS30 ig 0 LeZ • 1 _ a W Q 3.'"n:rx t- � ; . A ∎ st ∎A4"'• :MINN 5 -I Ntk �- w a a O-ns 0110N a OZ 0 w cc a o n y 111 .2 5.5 lig g,. r 88 1:1 Ai 3 3 iE - iii Z , Ailli/FP: r 1 1- w 143,10 0artiam0ea3n00 5EII _ r Q 0 .5 aim V -- I -J , g 1 g If ., g '� �" llse�a�sl Irmo. iii :Y ii... 11111,178 A WM Packet Page -232- 2/23/2016 16.A.2. Bond No. 1034906 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,that Pulte Home Corporation of 9240 Estero Park Commons Blvd, Estero FL 33928 as Principal, and Lexon Insurance Company a corporation organized and existing under the laws of the State of Texas and authorized to transact business in the state of Florida ,as Surety, are held and firmly bound unto Collier County Board of County Commissioners of 2800 North Horseshoe Drive, Naples FL 34104 as Obligee, in the penal sum of three million eight hundred twenty-six thousand two hundred forty-six and 98/100 ($ 3,826,246.98 )for the payment of which sum,well and truly to be made,we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has agreed to construct or have constructed, in the Verona Walk subdivision Phas 4C infrastructure: sanitary, potable, drainage, paving, lighting, landscaping & irrigation (code minimum) . NOW,THEREFORE,the condition of this obligation is such that if said Principal shall well and truly perform said work in accordance with said standards,then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 1st day of September , 2010 Pulte Home Corporation Principal Robert Porter, Assistant Secretary Lexon Insurance Company Surety /_ t1 L .GG.t t fi f eL Dawn L. Morgan, Attorney—n-Fact FL Lic. No. P011322 Packet Page -233- P 2/23/2016 16.A.2. POWER OF ATTORNEY Lx - 009730 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in ouisville, Kentucky, does hereby constitute and appoint: James 1.Moore,Irene Diaz,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,***** Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman******************************** its true and lawful Attorney(s)-In-Fact to make,execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July,2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed$ 4,100,000.00 Four million eight hundred thousand dollars:«.•.::.................a..........sa... dollars,which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July,2003. �r'vRf?NCF LEXON INSURANCE COMPANY A -0 TEXAS 1-0 XF INSURANCE Z j COMPANY l 1 1 BY ' David E.Campbell �. •_, fr� President ACKNOWLEDGEMENT On this 2nd day of July,2003, before me,personally came David E.Campbell to me known,who being duly sworn,did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. w~� µ"OFFICIAL SEAL" LYDIA J.DEJONG NOTARY PUBLIC, TATE OF ILLINOIS I } MY COMMISSION EXPIRES 1J12/2007 I t �� Lydia J. DeJong CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 1st Day of September,20. 10 i(OZf TEXAS 1-0 4 ,� X' INSURANCE sD /I ;, / ���. COMPANY �Y/f ti' I AA •' ■ Donald D.Buchanan .......... Secretary /' Secretary Packet Page -234- 2/23/2016 16.A.2. VERONAWALK PHASE 4C OPINION OF PROBABLE COST Sanitary Collection System 920,829.20 Potable Water 580,736.98 Drainage 517,811.44 Paving 954,383.95 Lighting 96,600.00 Landscaping (Code Minimum) 117,300.00 Irrigation (Code Minimum) 290,744.78 Total Probable Cost $ 3,478,406.35 110% Bond Amount $ 3,8 0444141964% otc\\\10-,,, .$),,"—‘. :7611,1k, \A ENS N0. 60727 1 :*t STATE OF ...... rimlto0 er/` ib Da7.7.1"--"urst, P.E. FL Registration#60727 WilsonMiller, Inc.-FL Lic.#LC-0000170 WilsonMiller, Inc.-Certificate of Authorization#43 2/9/2006-165144 Ver 1-OHUBER CAMS 60506-040-000-ESBM-30250 Packet Page -235- 2/23/2016 16.A.2. RESOLUTION NO. 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONAWALK PHASE 4C, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 50, PAGES 25 THROUGH 30; AND RELEASE OF THE MAINTENANCE SECURITY WI-IEREAS, the Board of County Commissioners of Collier County, Florida, on September 28, 2010, approved the plat of Veronawalk Phase 4C for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Department has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Vcronawalk Phase 4C, pursuant to the plat thereof recorded in Plat Book 50, pages 25 through 30, and the Clerk is hereby authorized to release the maintenance security. Packet Page -236- 2/23/2016 16.A.2. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Veronawalk Phase 4C will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2016. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: , Deputy Clerk , CHAIRMAN Approved as to form and legality: Lk, ito Scott A. Stone Assistant County Attorney Packet Page -237- �1 ' 4„,