Agenda 03/22/2016 Item #16A23 3/22/2016 16.A.23.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Maple Ridge at Ave Maria Phase 2 Application Number PL2013001594 with the
roadway and drainage improvements being privately maintained and authorizing the release of the
maintenance security.
OBJECTIVE: To have the Board of County Commissioners(Board)grant final approval of the
improvements associated with Maple Ridge at Ave Maria Phase 2 plat, and release the
maintenance security in the amount of$303,103.78.
CONSIDERATIONS:
1) On July 24, 2014, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Maple Ridge at Ave Maria Phase 2.
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 fmal 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 Ave Maria SRA, 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. Existing security in the amount of $303,103.78 will be
released upon Board approval. The original security in the amount of$1,186,544.64 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 February 3, 2014.
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
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RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements
in Maple Ridge at Ave Maria Phase 2 Application Number PL2013001594, 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.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments:
1. Location Map
2. Resolution
3. Construction&Maintenance Agreement
fl
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Maple Ridge at Ave Maria Phase 2 Application
Number PL2013001594 with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security.
Meeting Date: 3/22/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
2/3/2016 7:33:21 AM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 2/3/2016 4:47:01 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 2/9/2016 4:20:39 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 2/23/2016 3:55:17 PM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 2/23/2016 4:16:01 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 2/24/2016 12:38:03 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
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Date: 2/29/2016 9:23:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/1/2016 4:17:40 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/7/2016 9:55:30 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 3/13/2016 4:02:54 PM
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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 MAPLE
RIDGE AT AVE MARIA PHASE 2, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, PAGES 87 THROUGH 91; AND
RELEASE OF THE MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
January 28, 2014, approved the plat of Maple Ridge at Ave Maria Phase 2 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 and Environmental Services Division 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 Maple Ridge at Ave Maria
Phase 2, pursuant to the plat thereof recorded in Plat Book 54, pages 87 through 91, and
the Clerk is hereby authorized to release the maintenance security.
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BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Maple Ridge at Ave Maria Phase 2 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 DONNA FIALA, CHAIRMAN
Approved as to form and legality:
/
Scott A. Stone
Assistant County Attorney
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.
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION ~—
IMPROVEMENTS
THIS CONSTRUCTION!AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this -m `~» day of . 2O14 between CC Ave Maria, LLC
heneina�erreferred hoaa "Oev$|oper`" and the Board of��ountv(�Vrnmni�oi�n�nm��<�0Ui�rOou' �y Florida,hereinafter referred b}ao the ''Boanj. County County,
RECITALS:
A. Developer has, simultaneously with the delivery of this AomeemeDt. applied for the approval by the
� Maple 8o�nJofo� �|n plat to be known as: Maria at Ave �riG F»hase2 -^
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
f0�h, Developer and the Ejnardd0 hereby covenant and agree as follows:
�
1. Developer will cause to be constructed: tThb`8taeht --0� AG~`■ ,=~ ~~Z- ~n6-Ct- i.kvs;k4)
-~ - -
within twelve (12) months from the date of approval said subdivision p|at, said improvements referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit 'A" and byrgfareno8madeopadhereoD in the amount of$ 1,186'54464 - which amount represents 10% of total contract cost to complete the construction plus 100% of the estimated cost of to complete required improvements at the date of thi Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier
may call upon the subdivision security to insure satisfactory completion of the requir d improvements.
4. 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 furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier CVuntvLapdDeva|Opngn[ Code.
5. The County Manager or his designee shaU, 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 improvements,therovith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the 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.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the Manager aD8gerorh/Sd9Sign8e After the one year maintenance period
by the Developer has terminated, the Developer shall peUUon'the Manager�na�er nr his designee to
inspect the required improvements. The County Manager or his County designee shall inspect the
improvements and, if found to be still in compliance with the Land Development Code as reflected by ~~~�
final approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for r�@intgD8nC8 '�h8 required improvements
shall continue unless responsibility"OraOdbytheC0uOtv.
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7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter
the Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete, Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the project records necessary for
review by the County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed
or maintained, pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the
final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent
costs, together with any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Dpveloper have caused this Agreement to be executed by
their duly authorized representatives this 3 rr4 day of 6bLiAl2..)/ / , 20j4 .
SIGNED IN THE PRESENCE OF: (Name I )
100.4,-4;17101,-) By: Ad
Printed Name ,) David B. Genson,Vice President
r-%
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Printed Name/Title
(President,VP,or CEO) bp,,011/4) ts.1
(Provide Proper Evidence of Authority)
SL(APP
Printed Name
ATTEST:
DWIGHT E.BCK,CLEREQ BOARD OF COUNTY COMMISSIONERS
**. OF COLLIER COUNTY,FLORIDA
By . . A A By
Deputy Cler 4.4311ja ; - Tom Henning, Chairman
.1
Appr e • .v
4•15ct A - Si-,;0"s /
Assistant County Attorney
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Bond No. 105870793
KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC whose address is 2600 Golden Gate
Parkway. Naples Florida 34105 (hereinafter referred to as "Owner", and Travelers Casualty and
Surety Company of America,whose address is One Tower 3PB, Hartford, CT 06813 (hereinafter referred to
as "Surety"), are held and firmly bound unto Board of County Commissioners of Collier County, Ft,
(hereinafter called "County"), in the total aggregate sum of One million one hundred eighty-six
thousand five hundred forty-four dollars and 64/100 ($1,186,554.64) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents. Owner and Surety
are used in the context of singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board of a certain subdivision plat named Maple Ridge at Ave Maria Phase Z and that certain subdivision
shall includes specific improvements which are required by Collier County Ordinances and Resolutions
(hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the
date this Bond is executed and shall continue until the date of the final acceptance by the Board of
County Commissioners of the specific improvements described in the Land Development Regulations
(hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reasons of owner's failure to
do so, and shall reimburse and repay the County all outlay and expense for which the County may incur
in making good any default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the Surety,for value received hereby, stipulates and agrees that no change,
extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way
affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically
and immediately,without formal and separate amendments hereto, so as to bind the Owner and the Surety
to the full and faithful performance in accordance with the land Development Regulations. The Term
"Amendment," whenever used in this Bond, and whether referring to this Bond, or other documents, shall
include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24`11 day of
January , 2014.
OWNER: SURETY:
CC AVE A;IA L TRA L S C A S A A AND SURETY CQMPANY
OF E. .
David Denson,Vice President Chari y A. Strass- ,Attorney-In-Fact(seal)
WITN S: �`' WITNESS:
r' .livf �/ r'Wt.., A
Print Name: z/_,tle Z,1.//6.4! /. Print Name: , 06.151 i A
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Packet Page -102T
v, NG:THIS POWER OF ATTORNEY IS INVALID WITHOUT 'RED BORDER 3/22/2016 16.A.23.
Aillibk POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No.
224190 Certificate No. 00 5542974
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance
Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make,constitute and appoint
Huntley A. Hornbeck II,Kristin M.Neiert,Marc E Williams,Stephen J.Benza,Betty L.Curry,and Charity A.Strassel
of the City of Naples ,State of Florida ,their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances.conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF.the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 28th
day of
June 2013
. .
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
,Iti 4 p.tY Ake
OS(444,,
koS.VY 40
44:41„t.,,f
0.. ).# ott •f, 4` 1"s*G;..,1".";°. 11'.1.-:-aists 644--...-." "t. l N, odt "44 Mgr- .
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State of Connecticut By: ,09://
City of Hartford ss.
Robert L.Raney. color Vice President
28th June 2013
On this the day of . .before me personally appeared Robert L.Raney.kk ho acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters.Inc.,St.Paul
Fire and Marine Insurance Company.St.Ptail Guardian Insurance Company,St.Paul Mercury Insurance Company,Trawlers Casualty and Surety Company,Trawlers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he as such being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
Trzt,
In Witness Whereof.1 hereunto set rny hand and official seal. 40*TAR ..rt t _____
My Commission expires the 30th clay of June.20(6. * 1
* °ORO,..* Marie C Toreauit,Notar:,Public
ei
NY
40/ GIP
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER 01 Packet Page -1028-OUT THE RED BORDER
t
WARNING:" � R OF ATTORNEY IS INVALID WRHOUT THE REI E R 3/22/2016 16.A.23.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters.Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President.any Second Vice
President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company.provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the.President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached,
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St,Paul Fire and Marine Insurance Company.St.Paul Guardian Insufance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this a day of-..Ta nUGI.V ,20 I .
ef Kevin E.Hughes,Assistant Sec tary
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s* c, 977 1951 . 1a.e -S.SEAL4 ' seals yoat To
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING;THIS POWEF Packet Page -1029-ITHOUT THE RED BORDER
CPrheecakree d d BByyC: 3/22/2016
16.A.2
3.
V I N S U L A - Project:
Task: Reids gOe PaC t Ave far Subdivision 02)
Date: 1/21/2014
* I N E F I Date: 1/21/2014
CONTINGENCY
Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL
EARTHWORK $ 20,000.00 15% $ 3,000.00 $ 23,000.00
PAVING $ 480 317.55 15% $ 72,047.63 $ 552,365.18
DRAINAGE $ 223,714.80 15% $ 33,557.22 $ 257,272.02
POTABLE WATER $ 212,158.70 15% $ 31,823.81 $ 243,982.51
SANITARY SEWER $ 197,061.00 15% $ 29,559.15 $ 226,620,15
IRRIGATION $ 124,447.60 15% $ 18,667.14 $ 143,114.74
LANDSCAPE AND LIGHTING $ 89,500.00 15% $ 13,425.00 $ 102,925.00
Total Probable Construction Cost: $ 1,347,199.65 15% $ 202,079.95 $ 1,549,279.60
Collier County PPL
100%Construction Bond: $ 1,078,676.94
10%Maintenance Bond: $ 107,867,69
Total Bond Amount: $ 1,186,544.64
AMUC
100%Construction Bond: $ 470,602.66
10%Maintenance Bond: $ 47,060.27
Total Bond Amount: $ 517,662.92
NOTES:
1) This Opinion of Probable Cost shall be used for Bonding Purposes Only.
2) This Opinion of Probable Cost is based on Peninsula Engineering's understanding of the current rules,regulations,ordinances,and construction costs in
effect on the date of this document.Interpretations of these construction costs may affect this Opinion of Probable Cost,and may require adjustments to
delete,decrease,or increase portions of this Opinion of Probable Cost.
3) All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time
due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor.
4) This cost estimate does not include the cost of any building construction.
5) This cost estimate assumes dry utilities(LCEC,cable,telephone)will be installed at no-cost to the developer.
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6) Due to the preliminary nature of the project,this cost estimate includes a 15%contingency in each section. ,`���A��O ,�. N(j �/,4•�� .- v\UC/Y t
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