Agenda 10/25/2016 Item #16A16 16.A.16
10/25/2016
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Riverstone - Plat Three Application Number 20120001441 with the roadway and
drainage improvements being privately maintained, authorizing the release of the maintenance
security,and acceptance of the plat dedications.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
improvements associated with the Riverstone-Plat Three plat,and release the maintenance security.
CONSIDERATIONS:
1) On July 25, 2013, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Riverstone-Plat Three.
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 (LDC). The Growth Management Department has inspected the
improvements and is recommending final acceptance.
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 LDC. 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$148,568 will be released upon Board
approval. The original security in the amount of $1,233,933 has been reduced to the current amount
based on the previous work performed and completed, pursuant to the terms of the Construction and
Maintenance Agreement dated December 11,2012.
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
Riverstone-Plat Three Application Number 20120001441,and authorize;
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 the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
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16.A.16
10/25/2016
Management Department
ATTACHMENT(S)
1.Location Map (PDF)
2.Construction and Maintenance Agreement (PDF)
3.Resolution (PDF)
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16.A.16
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Riverstone — Plat Three Application Number 20120001441 with the
roadway and drainage improvements being privately maintained, authorizing the release of the
maintenance security, and acceptance of the plat dedications.
Meeting Date: 10/25/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
09/13/2016 6:37 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
09/13/2016 6:37 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/29/2016 9:00 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 09/29/2016 10:43 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/03/2016 10:22 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/04/2016 12:27 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 10/06/2016 7:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/07/2016 10:27 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 10/07/2016 12:14 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/07/2016 1:27 PM
County Manager's Office Tim Durham Level 4 County Manager Review Completed 10/14/2016 8:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this It 114 day of j G. . 2012
between G.L. Homes of Naples of Naples Associates II. Ltd., a Florida limited liability
company, hereinafter referred to as "Developer." and the Board of County a)
Commissioners of Collier County. Florida. hereinafter referred to as the "Board".
RECITALS: C2
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A. Developer has, simultaneously with the delivery of this Agreement.
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applied for the approval by the board of a certain plat of a subdivision to be known as:
Riverstone Plat Three plat. Q
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.
iZNOW. 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
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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 51.233.933.00 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. -o
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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 r
the required improvements. o
4. The required improvements shall not be considered complete until a statement of
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substantial completion by Developer's engineer along with the final project records have E
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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�. 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 c
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 o
for and by the County. `n
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 a
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 a)
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 v
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 o
and to indemnify the Board. upon completion of such construction. the final total cost to U
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 0
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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16.A.16.b
IN WITNESS WHEREOF. the Board and the Developer have caged this
Agreement to be executed by their duly authorized representatives this I I T' day of
2012.
G.L. HOMES OF NAPLES ASSOCIATES IL F
SIGNED IN THE PRESENCE OF: LTD,
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By:
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Printed name: dttdd/f d0 4t1 Ell Name: \UU\ = i
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Title: fl.�.TDr Gl' 0 0 %t PutrCn-'�
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Printed name: Q•1-r,t_« J r\101 ( 1/
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ATTEST:
DWIGHT E. BROCK' CLERK BOARD OF COUNTY COMA .SIONERS cn
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OF COLLIER O�UNT/Y. -SRI D
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16.A.16.b
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
Bond No.929563691
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. Homes of Naples Associates II,Ltd.
1600 Sawgrass Corporate Parkway,4`h Floor M
Sunrise,FL 33323
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(hereinafter referred to as"Owner")and
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THE CONTINENTAL INSURANCE COMPANY tY
9850 NW 41"Street,Suite 100 o
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 One Million Two Hundred Thirty Three Thousand Nine Hundred Thirty
Three Thousand no/100 Dollars ($1,233,933) in lawful money of the United States, for the payment of which sum o
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. :>
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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 Three 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 t+-
acceptance by the Board of County Commissioners of the specific improvements described in the Land Development N
Regulations(hereinafter the"Guaranty Period")
NOW,THEREFORE, if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with c
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy m
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. a�
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. 2
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and f6
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 2
of any character whatsoever. v
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IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 19th day of
November.2012. �
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16.A.16.b
Owner
Attest: G.L. Homes of Naples Associates II, Ltd. By
G.L. . - Naples II Corporation, its General Partner
(Corporate Seal)
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Pa. Corban.Corporate Secretary ''� N. errnen Migresiden 4
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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 he
described in and who executed the foregoing instrument and acknowledged to and before me that they executed the
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same.
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Witness my hand and official seal in the county and state las,')oresai t i 'th day of November,2012.
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Notary 'ublic. State of Florida
4,::;;,;,„ Paola Cameron
c$ a*L`'''s CCMMISSIGN#DD983531
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My commission expires
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Surety
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Attest: The Continental Insurance Company _ o>
(Corporate Seal'
As Per Attached Power of Attorney By:
D.A. elis.Attorney-In-Fact and Florida Resident Agcnt °a)
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State of Florida as
County of Miami-Dade
Before me this day personally appeared D.A. Bells,Attorney-In-Fact for The Continental Insurance Company. r
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 19th day of November,2012.
Notary Public, State of Florida
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EXP'RES:AUG.30,2015
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Assi nt Co I ty Attor-ey
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know MI 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
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of Miami,FL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, i
undertakings and other obligatory instruments of similar nature >
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-In Unlimited Amounts- as
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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 ;a
the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. aai
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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. o
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
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to be hereto affixed on this 14th day of September,2009. ii
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•~'pw�''"• Jacqu• ; e M. elcastro Senior Vice President m
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State of Illinois,County of Cook,ss: ow
On this 14th day of September,2009,before me personally came Jacquelyne M.Beicastro 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 Q
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 c
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. c
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CERTIFICATE
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1,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the �j
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 •
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company printed on the reverse twat'is still in fore testimony whereof I have hereunto subscribed my name and affixed the seal of the said m
insurance company this 1 day of ert\t) , 3 .f)- E
.,yvi'• •" The Continental Insurance Company co
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"''•..•'"'!" Mary A.Lilt
ika kis Assistant Secretary
Form F6850-512009
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16.A.16.b
Plat Three Cost Estimate-8/30/12
Category Item Units Amount Unit Price Total
Water
8"PVC Water Main w/Fittings 4,000 LF $ 14.49 $ 57,960.00
8"C900 Water Main w/Fittings 100 LF $ 16.07 $ 1,607.00
10"PVC Water Main w/Fittings 1,160 LF $ 17.13 $ 19,870.80
8"Gate Valve 6 EA $ 1,100.00 $ 6,600.00
10"Gate Valve 1 EA $ 1,510.00 $ 1,510.00
6"Plug and BO 1 EA $ 500.00 $ 500.00
Single Water Service(Short) 3 EA $ 394.00 $ 1,182.00
Single Water Service(Long) 17 EA $ 444.00 $ 7,548.00
Double Water Service(Short) 44 EA $ 570.00 $ 25,080.00
Double Water Service(Long) 27 EA $ 620.00 $ 16,740.00
Lift Station Service-2" 1 EA $ 1,430.00 $ 1,430.00
Fire Hydrant w/6"Gate Valve 11 EA $ 2,290.00 $ 25,190.00
Permanent Sampling Station 1 EA $ 870.00 $ 870.00
Connection to Exist.Main 1 EA $ 2,430.00 $ 2,430.00 `a)
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Sub-total $ 168,517.80 0
Sewer Iii
8"PVC(0'-6'Cut) 1,569 LF $ 12.45 $ 19,534.05 >
8"PVC(6-8'Cut) 1,236 LF $ 16.70 $ 20,641.20 E2
8"PVC(8'-10'Cut) 1,014 LF $ 18.95 $ 19,215.30 °1
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8"PVC(10'-12'Cut) 775 LF $ 23.45 $ 18,173.75 as
8"PVC(12'-14'Cut) 307 LF $ 29.95 $ 9,194.65 °-
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Manhole(0'-6'Deep) 10 EA $ 3,910.00 $ 39,100.00 o
Manhole(6-8'Deep) 5 EA $ 4,470.00 $ 22,350.00 c
Manhole(8'-10'Deep) 4 EA $ 5,190.00 $ 20,760.00 g
Manhole(10'-12'Deep) 4 EA $ 6,080.00 $ 24,320.00 w
Manhole(14'-16'Deep) 2 EA $ 8,020.00 $ 16,040.00 a
Outside Drop 3 EA $ 2,300.00 $ 6,900.00 y
4"PVC Force Main w/Fittings 1,100 LF $ 10.25 $ 11,275.00 m
4"Plug Valve 1 EA $ 740.00 $ 740.00 =_
Connect to Exist.FM 1 EA $ 1,820.00 $ 1,820.00 ti
6"Single Sewer Service Lateral 8 LF $ 540.00 $ 4,320.00 `N
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6"Double Sewer Service Lateral 77 LF $ 650.00 $ 50,050.00 a)
Lift Station 1 EA $ 142,000.00 $ 142,000.00
Sub-total $ 426,433.95 m
Drainage
15"RCP 423 LF $ 18.98 $ 8,028.54
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18"RCP 1,169 LF $ 23.79 $ 27,810.51 - Q
24"RCP 1,403 LF $ 30.02 $ 42,118.06 a)
36"RCP 418 LF $ 54.04 $ 22,588.72 c
18"Flared-end Section 5 EA $ 723.00 $ 3,615.00 c
24"Flared-end Section 4 EA $ 819.00 $ 3,276.00c
36"Flared-end Section 2 EA $ 1,284.00 $ 2,568.00 g
Junction Box 6 EA $ 1,423.00 $ 8,538.00 'a
Valley Gutter Inlet 28 EA $ 2,668.00 $ 74,704.00 c10
Sub-total $ 193,246.83 0
Paving
Type S-3 Asphalt 1"(First Lift) 12,777 SY $ 3.54 $ 45,230.58
Type S-3 Asphalt 3/4"(Second Lift) 12,777 SY $ 2.77 $ 35,392.29 c
6"Limerock Base 12,777 SY $ 4.10 $ 52,385.70 0
12"Stabilized Subgrade 16,610 SY $ 1.25 $ 20,762.50 c
2'Valley Gutter 9,880 LF $ 5.60 $ 55,328.00 °'
3'Valley Gutter at H/C Ramps 60 LF $ 16.99 $ 1,019.40 -
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Pavement Markings&Signage 1 LS $ 2,000.00 $ 2,000.00 ;9
Sub-total $ 212,118.47 Q
Landscaping/
Irrigation Common&R/W-Landscape/Irrig. 92,400 SF $ 0.25 $ 23,100.00
JLake Rack-. Sod/Irrigation 92,400 SF $ -0-.35 _$-- -32,340.00 _ _
Sub-totalI $ 55,440.00
Street Lights
Street Lights 22 EA $ 3,000.00 $ 66,000.00
Sub-total $ 66,000.00
Total $ 1,121,757.05
Bond Amount(110%) $1,233,933 .`
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I6.A.16.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 RIVERSTONE
— PLAT THREE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 53,
PAGES 19 THROUGH 23; RELEASE OF THE
MAINTENANCE SECURITY; AND (71-
ACCEPTANCE
ACCEPTANCE OF THE PLAT DEDICATIONS
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WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 11, 2012, approved the plat of Riverstone—Plat Three for recording; and
a)
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
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WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering Services Division has inspected the roadway and
drainage improvements, and is recommending acceptance of said facilities.
C,
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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 Three, o
pursuant to the plat thereof recorded in Plat Book 53, pages 19 through 23, the plat
dedications are hereby accepted, 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 Three 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 c17)-
DWIGHT
DWIGHT E. BROCK, CLERK c
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By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
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Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
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