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Agenda 09/13/2016 R Item #16A32 16.A.32 09/13/2016 EXECUTIVE SUMMARY Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Veronawalk Phase 4C, Benelli and Karina Court Replat Application Number PL20110001063 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 the Veronawalk Phase 4C, Benelli and Karina Court Replat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On April 12, 2012, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Veronawalk Phase 4C,Benelli and Karina Court Replat. 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. 5) This project is within the Winding Cypress PUD, Ordinance 2014-09, 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$56,812.20 will be released upon Board approval. The original security in the amount of $128,573.18 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 October 28,2011. 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, Benelli and Karina Court Replat Application Number PL20110001063, and authorize; 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements, and acceptance of the plat dedications. Packet Pg.718 16.A.32 09/13/2016 2. The Clerk of Courts to release the maintenance security. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Location Map (PDF) 2. Construction and Maintenance Agreement (PDF) 3. Resolution (PDF) Packet Pg. 719 16.A.32 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.32 Item Summary: Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Veronawalk Phase 4C, Benelli and Karina Court Replat Application Number PL20110001063 with the roadway and drainage improvements being privately maintained, acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 09/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 07/12/2016 6:30 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 07/12/2016 6:30 AM Approved By: Review: Growth Management Department Len Price Level 1 Add Division Reviewer Skipped 08/27/2016 6:11 PM Growth Management Department Len Price Level 1 Division Reviewer Skipped 08/27/2016 6:11 PM Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/12/2016 9:58 AM County Attorneys Office Len Price Level 2 Attorney Review Skipped 08/27/2016 6:11 PM Growth Management Department Len Price Level 2 Division Administrator Skipped 08/27/2016 6:11 PM Growth Management Department Len Price Level 2 Add Division Reviewer Skipped 08/27/2016 6:12 PM Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/12/2016 9:59 AM County Attorneys Office Len Price Level 3 County Attorney's Office Review Skipped 08/27/2016 6:12 PM Budget and Management Office Len Price Level 3 OMB 1st Reviewer 1-4 Skipped 08/27/2016 6:12 PM Office of Management and Budget Len Price Level 3 OMB Gatekeeper Review Skipped 08/27/2016 6:13 PM Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/12/2016 10:00 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 9:05 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg.720 ra (eupe)I pue !Ileuee mienneuwaA aoueidaoov uo!svoqns leu[d : Kg I.) deo" uogeooi :ivawipenv cf) P1 1 o_ ark iita _,e ..... 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The Developer has,simultaneously,with the delivery of this Agreement,applied for the approval by m the Board of a certain plat of a subdivision to be known as VeronaWalk Phase 4C Replat. U B. Chapter 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 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,earthwork, landscaping, and street lighting improvements within eighteen (18) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. a� 0 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A"and by reference made a part hereof)in the amount of$128,573.18,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 •C CS 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. 0 4. The required improvements shall not be considered complete until a statement of substantial 3' 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. U 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 U the improvements; or b) notify the Developer in writing of his refusal to approve Packet Pg. 722 16.A.32.b 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 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. m 6. The Developer shall maintain all required improvements for a minimum period of one year 00 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 2 designee shall inspect the improvements and, if found to be still in compliance with the Collier a) 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 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. M 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 m 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 E' 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. I L O U c m U t� Q 8'30':010-219'454-Ver.1 LMARTIN Packet Pg. 723 NO506-P4C-002-ESBM-33254 16.A.32.b T c .L IN WITNESS WHEREOF. the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this? day of GC rn t3 E/c, .2011. c ca SIGNED DiVosta Homes.LP a� IN THE PRESENCE OF: cu 03 By: 4.-e 4."....---, Y Witness 4.tctLisstc.D ti\a,C„a2.w-Lc-Vli - \ �t" as ,"-- -/,{7:..4-2,-A-' ' -/,{ �- ' VP- Land o a U Printed or typed name c a a> Witness U r tT 1111 a ..c -ii or typed name a U) Ta c ii ATTEST' ,,, r co co '' r DW HT E. BR©C -CLERK BOARD OF COUNTY COMMISSIONERSIt w ` 11.4 ��; OF COLLI C LINTY,FLORIDA E " Attet t at t` a 1 rman t By: a5 91gnatt ' ant?* a Chairman o c as Approved as to form and Legal Sufficiency: a c Q.4„1,..County Attorney coc 0 U 3 W+ c c) U c a) E o 2 w 'Q 5'30+2010-219954.Ver.1•LMARTIN Packet Pg. 724 N0506-P4C-002-ESBM-33254 16.A.32.b PERFORMANCE BOND NO. 5039911 is KNOW ALL PERSONS BY THESE PRESENTS: that •a PULTE HOME CORPORATION TD- 9240 ESTERO PARK COMMONS BLVD a ESTERO FL 33928 ett (hereinafter referred to as"Owner")and 3 ca BOND SAFEGUARD INSURANCE COMPANY 900 S. FRONTAGE ROAD, SUITE 250 > WOODRIDGE IL 60517 a' U f6 (hereinafter referred to as"Surety")are held and firmly bound unto Collier County,Florida, o. (hereinafter referred to as "County") in the total aggregate sum of one hundred twenty eight thousand, five hundred seventy three dollars and eighteen cents Dollars ($128.573.18) 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. inn THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval by the Board a certain subdivision plat named Verona Walk Phase 4C and that certain subdivision shall include specific improvements to 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 cu 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. a' U PROVIDED, FURTHER, that the said Surety,for value received hereby,stipulates and agrees that no change, extension a 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. -a 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 i this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. E U 4-. Packet Pg. 725 16.A.32.b Bond No. 5039911 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 14th day of October.201 l. _ Pulte Home Corporation Y rtness,Jamie Shooks Owner r--� — 717 Bruce E. Robinson,VP&Treasurer / ? 0 y d) r = Bond Safecuard Insurance Company > fitnessTariese M. Pisciotto Surety o I' ZL cYt //� "ill -- Dawn L. Morgan, Lic. #P€�11322 Attorney-in-Fact .(t) Tts ii Approved as to form & legal SufflCtsncy a) a� Assistant County Attorney a) a) U l4 C) CC 2 Ca a 0 cn 0 V C) E 0 CC .v Packet Pg. 726 16.A.32.b ` `' POWER OF ATTORNEY AO 7 3 6 6 4 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Woodridge, Illinois. does hereby constitute and appoint:James 1.Moore, Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morga c • • ♦ 11 . i 11• at- \l 111 4 • - • \t •• t Ikkk/tkkkkkkk .L 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. -a c ce This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND = SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: m as Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company m or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds. undertakings, policies, contracts of ca indemnity or other writings obligatory in nature of a bond not to exceed 51,000,000.00, One Million 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 c Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected o 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. ai u a Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of 411 attorney granted. and the signature of the Vice President. and the seal of the Company may be affixed by facsimile to any certificate of 2 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 or undertaking to which < it is attached, continue to be valid and binding on the Company. Co N IN WITNESS THEREOF BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its .> President, and its Corporate seal to be affixed this 7th day of November, 2001. 'a a to �o '°'"(Ne BOND SAFEGUARD INSURANCE COMPANY 2 - ANS {L C ILLINOIS ; .. INSURANCE 4 •�, fitcorwANr BY I G� �`i�%�`� M David E.Campbell w President a m E ACKNOWLEDGEMENT a°'Li en On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did a, depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which c executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws c of said corporation. a) C as "OFFICIAL SEAL" 0-A,�, ( y E MAUREEN K.AYE aureen K.Aye c it Notary Public,State of Illinois • •tary Public c My Commission Expires 09/21/13 o CERTIFICATE F. r I. the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY a 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 o U revoked and the resolutions as set forth are now in force. 4.; c a) Signed and Sealed at Woodridge, Illinois this 14th Day of October , 20.11 E U 0eo INsu i � /' :° 4 Q AN �o i O ILLINOIS ; VL 1 .. -- / __- __ } uSUgANCE Zbj` ,, i Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an applica -^ or statement of claim containing any materially false information,or conceals for the purpose of misleading,information co� Packet Pg.727 material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penal , DC,, 16.A.32.b ACKNOWLEDGEMENT BY PRINCIPAL cS STATE OF MICHIGAN ) 0 )ss. COUNTY OF OAKLAND) ai On this 14th day of October, 2011, before me, the undersigned authorized m employee, personally appeared Bruce E. Robinson who acknowledges himself to be Vice President & Treasurer of Pulte Home Corporation, and as such employee, 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 officer. > U WITNESS my hand and official seal. SHIRLEY E. HUTCHINS TARY P iH.:C STATE or,M N h^•V4E U Shirk: E. Hutc ns, Notary Public '> Wayne County, Michigan Acting in Oakland County, Michigan cn My Commission Expires: March 30, 2017 iL Cp a) E a) a) C) C) U 7,5 N 2 l6 a O a=. U N O U () E U c0 Packet Pg. 728 I6.A.32.b ACKNOWLEDGMENT OF SURETY L Vas L4 STATE OF ILLINOIS } } S.S. m COUNTY OF DUPAGE } _ 0 L a) 7 On October 14, 2011, before me, a Notary Public in and for said County and State, co residing therein, duly commissioned and sworn, personally appeared Dawn L. Morgan. known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the _o day and year stated in this certificate above. cn OFFICIAL SEAL My Commission Expires on November 29, 2012 BONNIE J.KRUSE �r NOTARY PUBLIC.STATE OF ILLINOIS ch co COMMISSION EXPIRES NOVEMBER 29,2012 e• L I�zve Notary Public— nnie J. ruse as as 2 a> B Packet Pg. 729 16.A.32.b VeronaWalk Phase 4C Insubstantial Change Engineer's Opinion of Probable Cost Potable Water $ 9,954.85 m Paving $ 92,646.94 cts0 Drainage $ 10,433.87 0 Lighting $ 7,731.90 a) Earthwork $ 6,072.00 Q 0 Total Probable Cost $ 116,884.71 • 110% Bond Amount $ 128,573.18 n ii CD Y a) E a) a) I • a) 0 t6 C C p,S LEE pFs , C r'�?• �\C EN(' o ,. No. 69048 y 0• STATE OF v ICP-PL2011-1062 REV:1 '� 't • 'CCt Z • '<c``',�`� VERONAWALK 4C � 0A/.. .0 yi�;,`��� �` DATE: 61811 1 �� i�"'i 0A/.. Y00�`� DUE: 6115/11 Nicholas Lee Pestello, P.E. "1"111111"`,` c) COMPANION TO FP-PL201I-1063 FL Registration#69048 WilsonMiller, Inc.-FL Lic.#LC-C000170 WilsonMiller, Inc.-Certificate of Authorization #43 V12155Via 1S&0002.�+wedr...msFSf,L1_SPRC_ve.nna'Na,k c'h,MC_ICP CPC XLS Packet Pg. 730 I6.A.32.c 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, BENELLI AND KARINA COURT REPLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51, PAGES 44 THROUGH 45; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS as ea WHEREAS, the Board of County Commissioners of Collier County, Florida, on Ta September 27, 2011, approved the plat of Veronawalk Phase 4C, Benelli and Karina Court Replat for recording; and o WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as a 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 .(7) drainage improvements and release of his maintenance security; and 3 co WHEREAS, the Engineering Services Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. a 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 Phase 4C, Benelli and Karina Court Replat, pursuant to the plat thereof recorded in Plat Book 51, pages 44 through 45, and the Clerk is hereby authorized to release the maintenance security. ec BE IT FURTHER RESOLVED AND ORDERED the Collier County accept the plat dedications, and that the roadway and drainage improvements within Veronawalk Phase 4C, Benelli and Karina Court Replat will be maintained privately in the future and will not be the responsibility of Collier County. Packet Pg.731 I 6.A.32.c 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: CIS , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: Scott A. Stone Assistant County Attorney 0 a) c.) a. 0 cn it .zr (,) -a cr) Packet Pg. 732