Agenda 04/26/2016 Item #16A 8 4/26/2016 16.A.8.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Riverstone — Plat Four Application Number 20120002198 with the roadway and
drainage improvements being privately maintained; acceptance of the plat dedications 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 Riverstone — Plat Four plat, accept the plat dedications, and
release the maintenance security in the amount of$64,157.13.
CONSIDERATIONS:
1) On December 10, 2013, the Development Review Division granted preliminary
acceptance of the roadway and drainage improvements in Riverstone—Plat Four.
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. Staff 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 Terafina PUD, Ord. 04-15, 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 $64,157.13 will be
released upon Board approval. The original security in the amount of $493,276. 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 March 12, 2013.
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 Riverstone—Plat Four Application Number 20120002198, and authorize;
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1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and acceptance of the plat dedications.
2. The Clerk of Courts to release of the maintenance security.
•
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Depai Intent
Attachments:
1) Location Map
2) Construction&Maintenance Agreement and Bond
3)Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone - Plat Four Application Number
20120002198 with the roadway and drainage improvements being privately maintained;
acceptance of the plat dedications and authorizing the release of the maintenance security.
Meeting Date: 4/26/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
3/16/2016 11:12:58 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 3/22/2016 2:10:08 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/22/2016 2:11:04 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 3/28/2016 11:29:45 AM
Name: FrenchJames
Title: Deputy Department Head-GMD,Growth Management Department
Date: 3/28/2016 7:11:26 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/30/2016 3:37:18 PM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
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Date:4/6/2016 11:33:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/6/2016 3:29:01 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 4/14/2016 10:48:11 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/15/2016 3:20:13 PM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this 12 day of J'tA‘ZGA, 2013
between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited Iiability
company, 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 a certain plat of a subdivision to be known as:
Riverstone Plat Four plat.
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: within 12 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$493,276.00 which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost of 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 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.
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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; or b) notify the Developer in writing of his
refusal to approve 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 required 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 Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
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.
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TN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this #Z74 day of
MARC(44 ,2013.
SIGNED IN THE PRESENCE OF: G.L. HOMES OF NAPLES ASSOCIATES II,
LTD.
dttg Kittil Ali By: `-t-
rinted name/ J1 LJd r`.Q 06w ell Name: 1 ,tA1--A M io
Q. Title: 1))i,.0}Y` (. i' Di- :1,d f-Y-�.};'
Printed n e: VA,Ait9 Cit.t'Vc.\1 le-I.1 X ` `
ATTEST.; , `-.•
GI=IT ,.pgif CLERK
BOA• r • C t LINTY COMMISSIONERS
' ;,r OF CO 1;�' f LINTY, FLORIDA
>tx.:. 4 ,.. A Aso .. By: L it
Dep*e1er,0,47,5 to hairman's
Approved a$ig ur , and _ legal GEOR IAA. HILLER, ESQ.
sufficiency: ` CHAIRWOMAN
Assist. County Attorney
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COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
Bond No. 929563695
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. Homes of Naples Associates II,Ltd.
1600 Sawgrass Corporate Parkway,4th Floor
Sunrise, FL 33323
(hereinafter referred to as"Owner")and
THE CONTINENTAL INSURANCE COMPANY
9850 NW 41st Street,Suite 100
Miami,FL 33178
(hereinafter referred to as "Surety")are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Four Hundred Ninety Three Thousand.Two Hundred Seventy Six and
no/100 Dollars(S493,276.00)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 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 Board a
certain subdivision plat named Riverstone Plat Four 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," wherever 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 15th day of
February,2013.
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Owner
Attest: G.L. Homes of Naples Associates II, Ltd.,by:
G.L. ales 11 Co •oration, it General Partner
(Corpora, eal)
(
Paul Corban,Corporate Secretary N. Mar . enendez, ident
State of Florida
County of Broward
I HEREBY CERTIFY that on this day.before me,an officer duly authorized to take acknowledgements,
personally appeared N. Maria Menendez, Vice President of G.L. Homes of Naples II Corporation,to me known to be
described in and who executed the foregoing instrument and acknowledged to and before me that they executed the
same.
Witness my hand and official seal in the county and state last aforesaid this lath day of February,2013.
" KH?I{tEEN M COFFMAN tiO:r171'W 24/
r°s s`� Notary Public State of Florida ` Notary Public,State of rida
: • My Comm.Expires Mar 18,2013
';; %�:`; Commission#OD 855384
,•,"• Bonded Through National Notary Assn.
'1Giy commtsston'expires
Surety
Attest: The Continental Insurance Company
(Corporate Seal)
As Per Attached Power of Attorney By: - _
D.A. Belis,Attorney-In-Fact and Florida Resident Agent
State of Florida
County of Miami-Dade
Before me this day personally appeared D.A. Belis,Attorney-In-Fact for The Continental Insurance Company,
who. being duly sworn,executed the foregoing instrument and acknowledged to and before me,the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 15th day of February.2013.
geo„,
-----
ota Public,State of Florida
ry ,
N. Elif Asian
`'R pU =C0414+SSidti I EE 126431
My commission expires AM' -1t '`�t . .-L- `1EX°i3;.S:AUG.30,2015 — —
JJ �?aR�or 'NWAA�:'•ti0'ARY,00m
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Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the company.
"Article VI-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice
President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or
Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing
insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein
affixed hereby make,constitute and appoint
D A Bells,Individually
of Miami,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the insurance company.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 14th day of September,2009.
•a; The Continental Insurance Company
5
.�
,.
,:„..„„,,, 8t:
~'44 •4•.*". Jacqu- e M. i elcastro Senior Vice President
State of Illinois,County of Cook,ss:
On this 14th day of September,2009,before me personally came Jacquelyne M.Beleastro to me known,who,being by me duly sworn,did depose
and say: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of The Continental Insurance Company,a
Pennsylvania insurance company,described in and which executed the above instrument;that she knows the seal of said insurance company;that the seal
affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance
company and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company.
GllldilNIEAL
SAM
Nmmul'i� µ� ( (, )
wgMNa�wrt►
My Commission Expires September 17,2013 Eliza Notary a
ry .'"
PubI1G
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the
Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance
company printed on the reverse h f is still in force. I p�es'mony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance company this 13 day of f‘ , !"J_ic.')j
••`".1N.� The Continental Insurance Company
,art. .•
its
�a " ,r
r col
.......,........
-c7■
Mary A. ika is Assistant Secretary
Form F6850-5/2009
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RESOLUTION NO. 16-
1
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
RIVERSTONE — PLAT FOUR, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 52, PAGES 39 THROUGH 42;
ACCEPTANCE OF THE PLAT DEDICATIONS,
AND RELEASE OF THE MAINTENANCE
SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 12, 2013, approved the plat of Riverstone—Plat Four 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 Riverstone—Plat Four,pursuant
to the plat thereof recorded in Plat Book 52, pages 39 through 42, 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 Riverstone — Plat Four 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:
44(40/11.,
Scott A. Stone
Assistant County Attorney
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