Agenda 04/12/2016 Item #16A24 4/12/2016 16.A.24.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Copper Cove Preserve Unit 3 Application Number PL20120000116 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 the Copper Cove Preserve Unit 3 plat, and release the
maintenance security.
CONSIDERATIONS:
1) On April 23, 2013, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Copper Cove Preserve Unit 3.
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) The Copper Cove RPUD, Ordinance 05-12 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$181,666.85 will be
released upon Board approval. The original security in the amount of $823,040.35 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 July 30, 2012.
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 Copper Cove Preserve Unit 3 Application Number PL20120000116, and authorize;
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4/12/2016 16.A.24.
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release of the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments:
1) Location Map
2) Construction& Maintenance Agreement
3)Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Copper Cove Preserve Unit 3 Application Number
PL20120000116 with the roadway and drainage improvements being privately maintained, and
authorizing the release of the maintenance security.
Meeting Date: 4/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
3/3/2016 8:12:36 AM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 3/7/2016 11:28:13 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/7/2016 12:50:43 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 3/7/2016 12:55:30 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/8/2016 2:11:07 PM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 3/10/2016 7:41:45 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
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4/12/2016 16.A.24.
Date: 3/14/2016 10:14:58 AM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 3/17/2016 8:59:45 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 3/17/2016 2:46:04 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:19:45 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2016 2:57:15 PM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
30 th day of July / / ,20 12 between Lennar Homes,LLC,
hereinafter referred to as"Developer", and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the"Board".
RECITALS:
A. Developer has,simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Copper Cove Preserve Unit 3
B. Chapters 4 and 10 of the Collier County land Development Code requires 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 forth,
Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: 114,E iU &dAk Q . 3b biVt Mt*' itok )er L- 0
within 12 months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$ 823,040.35 - which amount represents 10% of the
total contract cost to complete the construction plus 100%of the estimated cost to complete the required
improvements at the date of this 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
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until such 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 County
Land Development Code.
5. 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,
therewith 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 County Manager or his designee. After the one year maintenance period by
the Developer has terminated,the developer shall petition the County Manager or his designee to inspect
the required improvements. The County Manager or his 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 maintenance of the required Improvements shall continue unless or until
the Board accepts maintenance responsibility for and by the County.
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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 s cure satisfactory completion, repair and maintenance of the required
improvements. The Board hall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to 'public advertisement and receipt of acceptance of bids, the improvements
required herein. The Devel•per,as principal under the subdivision performance security,shall be liable to
pay and to indemnify the oard, upon completion of such construction, the final total cost to the Board
thereof,including, but no imited to,engineering, legal and contingent costs,together with any damages,
either direct or conseque +'al, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions o this Agreement.
9. All of the terms, covenants, d conditions herein contained are ned a e and shall be binding upon the Developer
and the respective successor\nd assigns of the Developer.
IN WITNESS WHEREOF, the Board and, ;+e Developer have caused this Agreement to be executed by their duly
authorized representatives this 7-0f1-` �,\ day of J"I 7 / / ,20 1 L .
SIGNED IN THE PRESENCE OF: (Nam4o -ntity) erma` Nocne.S t_LG
Etyc i t . l_i,r.i l-«1 t_tue'iV i f5 t ;.,ukr,,
By:
Printed Name Qac►r\ 1.+ 1`ticMacra 1 Vice. Qt`esitter,-k-
Printed Name/Title
(President,VP,or CEO)
(Provide Proper Evidence of Authority)
Printed Name (,
u 1 �r 14%. �G o l cd cvA+''v4
ATTEST. ••■•
DWIGHT E. BROCK,CLERK ` , BOARD OF COUNTY COMMISSIONERS OF COLLIER
".;".&, COUNTY, FLORIDA
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BY ,. `s
�`_- ,,,, L \'$1 ;� ✓tti By:____ ,-..tli:*c. GO. r
Deputy Cl1 - ; .• Chairman f_'
Approved as to farm and jegl sufficigricy:
.' t ' fkl 1' °°
.
Assistant County, A torney 4 . Ak
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E1WEj �Y GUARANI �Y. AND. ACCEP �AN•CE C4/12/2016 16.A.24.
�_
700 NN 107 AVENUE - SUITE 240
MIAMI FLORIDA 33172 --
PHON•E ( 305') 553 -8724
IRREVOCABLE"STANDBY LETTER OF CREDIT NO:F"GAC=12067
ISSURR:- FIDELITY GUARANTY MP-ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
DATE OF ISSUE: AUGUST 9 2012
PLACE OF EXPIRY:- AT ISSUER'S CO I\i-TERS LOCATED AT •
' ''7O0'NW'107'AVE,SUITE 240
MTA41I,FLORIDA33172
- • DATE..OF EXPIRY,,TTBS CREDIT SHALL BE-VALID.;UNIL T AUGUST,9, 2013.:AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FQR,SUCCESSIVE. ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS
ISSUE, UNLESS AT LEAST S,IXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE,.THE ISSUER
NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL,OVERNIGHT MAIL OR COURIER THAT
THEISSUER ELECTS NOT-TO SO RENEW THIS CREDIT.
APPLICANT: LENNAR`BOMES,LLC REINAF"I R:"DEVELOPER')
10481 SIK MILE CYPRESS:P.AR.KWAY
c: FORT MYERS,FLORIDA 33966
BENEFICIARY:- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA
(HEREINAFTER"BENEFICIARY )
2$00 NORTH HORSESI OE DRIVE
NAPLESS FL 34104
AMO:UNT1- -. ;AN AGGREGATE,AMOUNT OF:$823 040.35,.(1 IGHT HUNDRED TWENTY THREE THOUSAND
;.";..FORTY-AND.:35/100 US DOLLARS),
RE CQPPER COVE PRESERVE__UNIT*3
CREDIT AVAILABLE WITH'. ISSUER "
BY:; PAYMENT AGAINST'DOCUMENTSDETAILED HEREIN AND BENEFICIARY'S-DRAFTS AT
. . SIGHT DRAW-1.0N TH EISSUER.:
DOCUMENTS REQUIRED AVAILABLE BY;BENEFI(,IARY'S.D t.AF1(S)AT.SIGHt DRAWN ON;THE ISSUER.
Ty AND,I?RESENTED AT PLACE OF SXPIRY ACCOI PANIEDrBY ZENEFIGIARI .S STATEMENT PURPORI:EDLY
MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER,CERTIFYING TEAT: ..
A T)' '3EVELOPER HAS'RAILED TO•COI FETE THE SUBDIVISION•TTAPROVEMENTS'FOR COPPER'COVE
PRESERVE UN:TT'•#3 ACCORDING-T -THE COPPER COVE'PRESERVE-='UNIT 3 ENGINEER'S OPINION OF
PROBABLE COST FOR PLAT-BONDING-DATED_:JUL,Y. 6, 2042:PREPARED BY Q.,GRADY MINOR &
,.::.. ASSOCIA:TES,'R-A.. (THE ::ESTIMATE?'),AND,-AS':RE.QUIRED,BY COLLIER-COUNTY ORDINANCES AND
RESQLUTIONS (THE-"LAND.,DEVEI QFIvIgNT,REGUI A Z•ON$')>.:(II):DEVELOPER HAS. BEEN GIVEN
..WRITTEN NOTICE DESC J,BING THE EVENT;;QR CONDITION OF;SUCH DEFAULT IN REASONABLE
DETAIL BY CERTIFIED AIL,,RETURN RECEIPT REQUESTED;,AND(III)THE DEFAULT HAS NOT BEEN
CURED WITHIN THE CURE PERIOD PROVIDED FOR THEREIN,IF ANY;';
I3 A FINAL INSPECTION OF THE SUBDIVISION-IMPROVEMENTS FOR COPPER COVE PRESERVE UNIT;3
A5 REQUZR.D.F3Y COLLIER COUNTY, :AND:RES,QLUT=IQNS(TIDE SAND DEV•EI,QPMENT -
R.EGI A:TIONS")SATISFACTORY TO,COLLIER:COUNT,HAS NOT BEEN PI RFOR ., PRIOR TO,�'HE -
DATE OF EXPIRY,AND,A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT;BEEN,
PROVIDED TO AND ACCEPTED BY THE BENEFICIARY,''
DRAFTS) DRAWN UNDER THIS LE11ER OF CREDIT SHALL BE MARKED DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE`•CORP. CREDIT NO.FG C-12067,'DATED AUGUST 9,2012 A_ND MUST BE
ACCOMPANIED BY` THIS ` R1-GINAL LEI IER=-'.OF CREDIT' AND ALL 'SUBSEGDENT ORIGINAL
AMENDMENTS,IT ANY FOR PROPER ENDORSEMENT '
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I.OEi A !Y GUARANTY AND . AC. C'E' P T ANCE, Cjr. r .
7.00 NW 7.07 AV,ENU,E -. SUI,TE. 2 ,40
, ., ,•M_IAMI ,. FLORIDA 33772
,PHONE .(303)553-8724 ` Y
THIS IS-AN-INTEGRAL PART OF-LETTER OF CREDIT NO.FGAC-12067 PAGE 2 -
THIS,LETTER OF CREDIT SETS FORTII,L UN
FULL THE TERMS,OF THE ISSUER'S. DERTAKING,AND SUCH
. . UNDERTAKING SHALL NOT IN ANY;WAY.BE MODIFIED,AMENDED, OR AMPLIFIED BY REFERENCE TO
' ANY DOCUMENT,INSTRUMENT,OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LE,11'ER
Off' CREDIT RELATES,AND ANY-SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN
BY REFERENCE ANY DOCUMENT,INSTRUMENT OR.AGREEMENT. '
ISSUER HEREBY ENGAGES WITTY'`BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE'
WITH'-THEW TERMS AND CONDITIONS OF THIS- ;CREDIT WILL•BE' DULY HONORED BY ISSUER IF
r.:.,-PRESENTED WITHIN THE 'VALIDITY,OR.-THIS,CREDIT TOGETHER WITH THE DOCUMENTS_REQUIRED •
HEREIN-AT THE PLACE OF EXPIRY PRIOR TO 4::00.P.M.EST..ON OR PRIOR TO THE DATE QF EXPIRY,
THIS.CREDIT,TLS,.SIJBJECT TO THE UNIFORM CUSTOMS AND PRACTICE,.FOR•DOCUMENTARY CREDITS
(2007 REVISION)INTERNATIONAL CHAMBER OF CONE RCRPUBLICATION NO.60.0.
FIDELITY'GUARANTY'AND`ACCEPTANCE CORP:- •
•
r JAG® :LI "DE;SO:tZA,•ICE.P-REsSID.ENT ..-• .
•
. _.
' . . • Packet Page -792- ' - - -
4/12/2016 16.A.24.
Q. GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS LAND SURVEYORS PLANNERS LANDSCAPE ARCHITECTS
COPPER COVE PRESERVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
July 6, 2012
SCHEDULE DESCRIPTION Phase I
A Earthwork $17,180.00
B Paving $332,708.50
C Wastewater Collection $195,690.00
D Potable Water Distribution $124,895.00
E Storm Drainage $77,745.00
F Landscape and Irrigation $0.00
TOTAL $748,218.50
110% of TOTAL $823,040.35
Estimated Completion Date=March 31, 2013
G:\PROJ-ENGiC\CCPH3106DP\02PPL\OPC_Unit 3 Plat Bond_2012-07-061 of 7
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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 COPPER
COVE PRESERVE Unit 3, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
51, PAGES 90 THROUGH 93; AND RELEASE OF
THE MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
July 24,2012 approved the plat of Copper Cove Preserve Unit 3 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 Natural Resources 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 Copper Cove Preserve Unit 3,
pursuant to the plat thereof recorded in Plat Book 51, pages 90 through 93, and the Clerk
is hereby authorized to release the maintenance security.
c,
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4/12/2016 16.A.24.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Copper Cove Preserve Unit 3 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:
kit (1/i 063
Scott A. Stone
Assistant County Attorney
�p,tk
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