Agenda 04/12/2016 Item #16A25 4/12/2016 16.A.25.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Veronawalk Townhomes Phase Two Application Number AR-5046 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 Veronawalk Townhomes Phase Two plat, and release the
maintenance security.
CONSIDERATIONS:
1) On August 21, 2006, the Growth Management Department granted preliminary
acceptance of the roadway and drainage improvements in Veronawalk Townhomes Phase
Two.
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) This project is within the Winding Cypress PUD, 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$198,176.70 will be
released upon Board approval. The original security in the amount of $1,062,870 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 May 25, 2004.
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 Townhomes Phase Two Application Number AR-5046, and authorize;
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4/12/2016 16.A.25.
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.25.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Veronawalk Townhomes Phase Two Application
Number AR-5046 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
3/4/2016 5:31:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/7/2016 12:58:30 PM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 3/7/2016 12:59:13 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 3/7/2016 1:02:16 PM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 3/10/2016 7:42:07 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/14/2016 10:22:00 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
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4/12/2016 16.A.25.
Date: 3/17/2016 9:02:35 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/17/2016 2:48:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:19:58 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/1/2016 4:49:21 PM
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4/12/2016 16.A.25.
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ORG1NAL
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENAN E,AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this Z , day of Ui ,200d-between DiVosta and Company,Inc.,
hereinafter referred to as"Developer",and the Board of County Commissioners of Collier County,Florida,
hereinafter referred to as the"Board".
RECITALS:
A. The Developer has,simultaneously,with the delivery of this Agreement,applied for the approval by
the Board of a certain plat of a subdivision to be known as VeronaWalk Town Homes(Phase 2).
B. --37-2- 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
improvements required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth,the Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary
sewer system, irrigation and street lighting improvements within twenty-four(24)months from
the date of approval 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$1,062,870.00, which represents
10% of the total contract cost to complete construction plus 100% of the probable 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 County, 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 a statement of substantial
completion by the Developers engineer along with the final project records have been furnished
to be reviewed and approved by the Development Services Director for compliance with the
Collier County Land Development Code.
5. The Development Services Director 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; or b) notify the Developer 'in writing of his refusal to approve
1/52005.128574 Vet:011-WORST
CANT
N4500 Ti2004 ESBM-27705 Packet Page -801- .
4/12/2016 16.A.25.
improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Director's approval of the improvements. However, in no event shall the
Development Services Director 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 Development Services Director. After the one-year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still in
compliance with the Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the remaining 10% of the subdivision performance security.
The Developers' responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
7. Six months after the execution of this Agreement and once within every six months thereafter
the Developer may request the Development Services Director 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 Development Services Director. The Development
Services Director 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 their obligations under this Agreement,
upon certification of such failure, the County Administrator 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.
115!2005.128574 Ver.07:.ONURST
CM4
no50err1-1000.eseas•27705 Packet Page -802-
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•
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 2S day of lA1 k/ 20
SIGNED,SEALED AND DELIVERED DiVosta and Company, Inc.
IN THE PRESENCE OF:
Witness
`--s 1 By:Michael D.Rosen,Vice President
Printed or typed name
Witness
at
%O.4 it
'rinte. or typed name
ATTEST:
DWIGHT OBl1 ,'CLERK BOARD OF COUNTY COMMISSIONERS
'.• a OF COLLIE' F OUNTY,FLO' IDA
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1
Nt. ;,.tip f!:'Y`
AttBC ;:
Chairman
.••
Approved1asAy f .j Le l Sufficiency:
Jenni er A.Belp ,
Assistant County Attorney
215/2005- 28574 Vtr.01 f•pHURST
ua3
N0508-TN2000-ES8b1.27705 Packet Page-803-
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COLLIER COUNTY LAND DEVELOPMENT CODE Bond No. 8195-39-16
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta Homes,L.P..4500 PGA Boulevard,
Suite 400.Palm Beach Gardens,FL 334I8 (hereinafter referred to as"Owner")and Federal Insurance
Company, Sears Tower. Ste.4700,233 S.Wacker Drive, Chicago,IL 60606 (hereinafter referred to as
"Surety")are firmly bound unto Collier County,Florida.2800 North Horseshoe Drive,Naples,Florida
33942(hereinafter referred to as"County")in the total aggregate sum of one million sixty two thousand
eight hundred seven and 00/100($1,062,870.00)Iawful 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 for singular or
plural,as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval
by the County a certain subdivision plat named VeronaWalk,Townhomes Phase 2 and that certain
subdivision shall include 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 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 reason of Owner's
failure to do so,and shall reimburse and repay the County all outlay and expense 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 said 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.
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4/12/2016 16.A.25.
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed
this 7th day of February,2005.
, -"$ttit,RAL INSURANCE COMPANY DIVOSTA HOMES, L.P.
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By
•
Bonnie J. Kruse, Attorney-in-Fact , "2%t
Robert Porter,Senior Treasury Analyst
Witness: r" 'r�
Witness: '\.
Witness: tl
Witness: I ;oj
�� �J�/t ����- f Witness:
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iicChubb POWER Federal insurance Company Attn.: Surety Department
Surety OF Vigilant Insurance Company 15 Mountain View Road
ATTORNEY Pacific indemnity Company Warren, NJ 07059
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana
corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin co constitute' 'ITT INSURANCE COMPANY, r a New York
Peggy Faust, Bonnie J. Kruse, Alice Rhoads, do azmer,appoint James
Jacobs
re,
and Dawn L. Morgan o Countryside, Illinois
•
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and
. on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given
or executed in the course of business,and any instruments amending or altering the same, and consents to the modification or alteration of any
instrument referred to in said bonds or obligations.
In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each
executed and attested these preseets and affixed their corporate seals on this 31st day of July, 2000
I, Z
enneth C.Wendel,Assistant Sect
F k E.Robertson,Vii President
STATE OF NEW JERSEY 1
County of Somerset �'
On this 31st day of July 2000 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,
to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,which executed the foregoing Power of ,and PACIFIC and say COMPANY, the
Attorney,and the said Kenneth C.Wendel being by me duty sworn,did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANYand knows the corporate seals thereof,
that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the
signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is By-Laws of said Robertson,and k o and that be
Vice President of said Companies;and that the signature of Frank.E.Robertson,subscribed to said Power ofof�vdda Frank a gennh and knows him to be
Robertson,and was thereto subscribed by authority of said By-Laws and in deponent's is in the genuine handwriting of Frank E.
depanant's praeerroe.
Notarial Seal/ R.
MICHELE R. McKENNA
AA
/
/ o o TA Notary Public.State of New Jersey
..
No.2229941 1` 4 t
,r ... .
pIMMO Commission Expires Sept.25,2004 "`� N,'ry y Public
AI'JERSE
• CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the
Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their
respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following
officers: Chairman,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 Assistant Attorneys-in-Fact for purposes only of executing and attesting bonds end tmdertaldngs and other writings Secretaries or
any such ni n In the tit the Company and
ny power af.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 upon the Company with
respect to any bond or undertaking to which it is attached."
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY
COMPANY(the"Companies")do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin
Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward island;and
- (lii) the foregoing Power of Attorney is true,correct and in full force and effect.
Given under-iny hand and seals of said Companies at Warren,NJ this 7th day of February, 2005
•
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IN THI" EVfN7:,8oU-WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
`a` NO1 JFY='U$, OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED' ABOVE, OR BY .
4.1a' `` elephone (908)903-3485 Fax (908) 903-3656 e-mail: surety @chubb.corn
1540.0225(Ed.4446) CONSENT Packet Page -806-
4/12/2016 16.A.25.
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
On this 7th day of February, 2005,before me,the undersigned authorized employee,
personally appeared Robert Porter, who acknowledges himself to be Senior Treasury
Analyst for DiVosta Homes, L.P.,being authorized to do so,executed the foregoing
instrument for the purposes therein contained by signing the name of the Corporation by
himself as such employee.
My Commission Expire : February 13,2005
Ai iii
Not f blic, S rirCather
Oakl., d County,Michigan
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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
VERONAWALK TOWNHOMES PHASE TWO,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 42, PAGES 44
THROUGH 46; AND RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 25, 2004 approved the plat of Veronawalk Townhomes Phase Two 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 Growth Management 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 Veronawalk Townhomes Phase
Two, pursuant to the plat thereof recorded in Plat Book 42, pages 44 through 46, 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 Veronawalk Townhomes Phase Two 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:
3/3/IL
Scott A. Stone
Assistant County Attorney
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