The URL can be used to link to this page

Agenda 10/25/2016 Item #16A18 16.A.18 10/25/2016 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Quarry Phase 1 Application Number AR-6468, 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 Quarry Phase 1 plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On March 3, 2006, the Development Review Division granted preliminary acceptance of the roadway and drainage improvements in Quarry Phase 1. 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). 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 LDC. A copy of the document is attached. 5) This project is within the Heritage Bay 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. Existing security in the amount of $629,130 will be released upon Board approval. The original security in the amount of $4,561,286 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 11,2005. 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 Quarry Phase 1 Application Number AR-6468, 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. Packet Pg 765 16.A.113' 10/25/2016 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. 766 16.A.18 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Quarry Phase 1 Application Number AR-6468, with the roadway and drainage improvements being privately maintained, acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 10/25/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 09/19/2016 10:35 AM Submitted by: Title:Project Manager, Principal—Growth Management Department Name: Matthew McLean 09/19/2016 10:35 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/23/2016 8:33 AM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 09/26/2016 10:06 AM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/27/2016 2:15 PM County Attorneys Office Scott Stone Level 2 Attorney Review Completed 09/27/2016 4:25 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/30/2016 1:12 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2016 5:05 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/03/2016 4:03 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 4:05 PM County Manager's Office Tim Durham Level 4 County Manager Review Completed 10/14/2016 9:01 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg. 767 / R 6ienOa uedeoo¥uq@MPgns @m] : Zo% eemugm3] :Wemqoe ny opup44z Cti , _ I CO a = 7. �, _ 0 »� w Z � [ ® § ! �� m:,..,. \r /) Z 1__i__) Pc �` « _ / �_ I- 4A_ ©� 0 e. �� I s %1 : ■ % v EI N, (156 11'3) ,_, , r ,� ■ : 5 , . . 3|��I��c _ <X 312,33_= Z 7 W < / p1111�_ 114 rill °\ _\ wmm a? [ \ , , G2 Eg CL - § z |� Z x O 6 ` ^ t �/ , ituuiira ° \ 021V/13-1110B V / T ! 1111111AAR )j | > _=_w, : � Z,- : { immim° G3 \ \ /■ _En � . .� , | ( ::( , ) ;' III } ` :\ `� � ) 16.A.18.b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /IT* day of MAIZGH 20C between Centex Homes, 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 z approval by the Board of a cerVit plat of a subdivision to be known as: The Quarry Phase 1 B. 5,ca.dt.i t) 'o1 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 rt) hereinafter set forth,Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation *(7) water, sanitary sewer and street lighting improvements for The Quarry Phase I within twenty-four (24) months from the date of approval of said subdivision plat, said improvement hereinafter referred to as the (.1) "required improvements." Developer herewith tenders its subdivision performance security(attached hereto as Exhibit 72- "A" and by reference made a part hereof) in the amount of $4.561,286 Dollars which amount represents ten percent(10%)of the total contract cost to complete construction plus one hundred percent(100%)of the o). estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer cr 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 r:7) substantial completion by Developer's engineer along with the final project records have been furnished to 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 its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve improvements, therewith -a 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 0 requirements of this Agreement. 6- '65 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 ci) and, if found to be still in compliance with the Collier County Land Development Code as reflected by final f.) approval by the Board, the Board shall release the remaining ten percent (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 Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial 3J8/200 30364 Ver 01'•BLACY CA.41 140442-E004•00-ESBM,6239 Packet Pg.769 ?,-)C-C-. 312.2.k C G • - 16.A.18.b auction and Maintenance Agreement Quarry Phase I A Page 2 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 its 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 co herein. The Developer, as principal under the subdivision performance security,shall be liable to pay and to = the Board, completiona indemnifyupon of such construction, the final total cost to the Board thereof, a, including, but not limited to, engineering, legal and contingent costs, together with any damages, either c direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all Q 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. o .N IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be Q executed by their duly authorized representatives this 114h day of 0/ 20 -- = N DEVELOPER: Si Centex Home ed,Sealed and Deliver `` n the p�esen of/ 1 N By: Signature " , / aE. USrf� /1 l t)/-])C C tr Tim Ruemler g Printed or typed name Printed or typed name a' E� Ei Division President = Title co Signa �zt f17727z,as. _ 2 Printed or typed nameco �i,�'�J o U ATTEST: 'r = «, �L BOARD OF COUNTY to COMMISSIONERS U DWIG 'E.' OCK CL E:R . OF COLLIER COUNTY,FLORIDA � is L� ', - a B . DL�pu urk o Chi t ��l Y' '1-�- - ,�tt t. a roan $ FV-FP Q. KM%,a;,'Ogg* pal y. d Approved as id trlri and legal sufficiency: -AMCotn orney EID O 41162004.3236+Ver 011•eLACY cw.a 29999-909-999.•00000 Packet Pg. 770 16.A.18.b Bond No. 22016425 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That CENTEX HOMES, a Nevada General Partnership, 5801 Pelican Bay Boulevard, Suite 600, Naples, FL 34108 (hereinafter referred to as Owner) and LIBERTY MUTUAL INSURANCE COMPANY (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 Million Five Hundred Sixty One Thousand Two Hundred Eighty Six and 00/100 DOLLARS ($4,561,286.00) in the 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 `n approval by the Board a certain subdivision plat named The Quarry Phase 1 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 such change, extension of time, alteration, addition or deletion to the proposed specific improvements. o U 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 the Bond, and whether Q referring to the Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Pg.771 16.A.18.b — --, 1 \ ___, - -;---. \ - - ----- SURETY: LIBERTY MUTUAL Witness#1 (Signature) o INSURANCE COMPANY ,, . ,-1.-,t-1,, • , - -.:, .-...?..'::,>'•,-,•, - --: P Penning \ it' ( ess#1 (Print Nam BY: it. ,t/e_ w7,atty — T-7 )k- ' "ert-S;k: MIL-17: Bridgette S. Jacks Attorne wow? 1.,, ;-:'-' i:'•' •' Witness#2 ignature) LI tl"-;" co Allyson Dean c3 Witness #2 (Print Name) f.> Countersigned By: c co CL o Juli A-Russell, Florida Resident Agent a c 0 qii - > '5 In c 0 .13 E.' STATE OF TEXAS ) cNi ) c., cc COUNTY OF DALLAS ) *C' THE FOREGOING INSTRUMENT was acknowledged before me this J. day of March g 2005, by Bridgette S. Jackson, Attorney-In-Fact of LIBERTY MUTUAL INSURANCE 23 COMPANY. She is personally known to me or has produced known to me as co < identification. /,,---). — fr V E.) ,,,,, RS OTARY PUBLIC-STA-T-E-CiF T S c a) c Ts Carmen Mims -0 ',.! • .> 5 Carmen Mims (Print, type or stamp notary name) c Now Mee.State ot Teas o I 14x.Pkik 0 MI Csees.bakes inns -..-7, My commission expires: October 28, 2008 o c rn c o o g 0 vo • Packet Pg. 772 16.A.18.b IN WITNESS WHEREOF, these parties hereto have caused this PERFORMANCE BOND to be executed this 11th day of March, 2005, WITNESS: ED. CENTEX HOMES, a Nevada General (signature) Partnership By: Centex Real Estate Corporation, a Nevada Corporation, its Managing General 1\)3 \C-11-7)\ Partner (Print NpirPe) tD n77512///21 722 l27244. BY: +AA.----77-4-4 /Signature) 0 t--0_LC Itt. (Y) ex_ (Print Name) of) To N N N STATE OF FLORIDA a) COUNTY OF COLLIER a) THE FOREGOING INSTRUMENT was acknowledged before me this itAh day of Th/.4.e- , 200S:by Tt InAl ern kr- , Uôr Pr e_si scb r7f- (name and title). He is persona y known t. me or has produced as identification. Alp / -a- oTA-Y PUBLIC - STAT E OF FLORIDA 11) Lttcrti. /Y) 0 (Print, type or stamp notary name) () My commission expires: Ares‘ •••03.rtunot OD0091 t• wawRa i,5,2000 •e4E, Packet Pg. 773 163 i 16.A.18.b THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT iS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint LAWRENCE W.WALDIE, CARMEN MIMS,ALLYSON DEAN,DEBORAH GRIFFITH, BRIAN M. LEBOW, BRIDGETTE S. JACKSON,ALL OF THE CITY OF DALLAS,STATE OF TEXAS each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its -- behalf as surety and as its act and deed,any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding >, TWENTY-FIVE MiLLION AND 00/100*''**************** DOLLARS(S 25,000,000.00 ) the L execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding hupon d the R f'J Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. a That this power is made and executed pursuant to and by authority of the following By-law and Authorization: c0i ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. cc• -, Any officer of the Company authorized forthat purpose in writing by the chairman or the president, and subject to such limitations as the am i chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, c) D execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such < 3 attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their g o OO. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be .N as binding as if signed by the president and attested by the secretary. _ aa; By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: S2 ) .its' c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby «s ta Lauthorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and a = deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. it i O aJ That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. . G N 03 L > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of N 4to Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 26th day of October .r L a: 5 2004 — C HE a O i 1)UBERTY MUTUAL INSURANCE COMPANY t L y- E ',:-- ,,•,.._ ,1 Garnet W.Elliott,Assistant Secretary • , .. COMMONWEALTH OF PENNSYLVANIA ss L--` , m L COUNTY OF MONTGOMERY as a) � ; 'C. On this 26th day of October , 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged 'F6 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above s.a+ Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. -a .� _ .a y, IN TESTIMONY WHSFI p,lbpe.ttereunto subscribed my name and affixed mynotarial seal at Plymouthcc ' � first above written./1' 1 .a`i,oNe.t. ck ik Meeting,Pennsylvania,on the day and year o iTa O �� mesa a e 4.Nn y flub3c I Lti& V y Z V P,,, ,,Tr G 1J-.!C e Y J«ray �/ L 1 sA !' n.2Y O EK1?(es F Ar H.2C.[U Bl 0 / -,,,,,,,t,,,,,..,,tar cr N,nr j Ter e-a Pastelfa,Notary Public Ly•" ivsy.t*14 t o - CERTIFICATE RY y� U I,the undersigned,Assistantecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing- (') y is a full, true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. ra This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Q following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature-cif any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the.,ompy,in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually axed. -,-,• m"tr. IN TESTIMONY WHEREOF,I have hereunto subscribed my nem and affixed the cororate seal of the said company,this March _, 2005. i3th �- day of ( \`j BY '' David M.Carey,Ass nt Secretary - Packet Pg. 774 16.A.18.b The Quarry - Phase 1 Engineer's Opinion of Probable Cost WilsonMiller, Inc. Drawing File No. D-0442-115 Summary Potable Water $376,972 Wastewater $1,075,037 0 eL Drainage $612,616 Paving $966,309 Lighting $349,500 173 C•1 Survey(Installation of PCPs) $4,500 Landscape and Irrigation $27,784 Bridge $384,413 -64 Total $4,146,624 Bond Amount= 110% $4,561,286 -4= z (.) c6) r JO Lisa M. Giordano, RE. License No. 59318 WilsonMiller, Inc. - FL LIC. #LC-0000170 3'23/2005-#34:54 v2 NO442 505-000 Packet Pg. 775 16.A.18.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 QUARRY PHASE 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 57 THROUGH 67; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 22, 2005, approved the plat of Quarry Phase I for recording; and WHEREAS, the Developer has constructed and maintained the roadway and d 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 0 drainage improvements and release of his maintenance security; and R WHEREAS, the Development Review Division has inspected the roadway and ``• •drainage improvements, and is recommending acceptance of said facilities. o N 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 Quarry Phase 1, pursuant to the plat thereof recorded in Plat Book 42, pages 57 through 67, and the Clerk is hereby authorized to release the maintenance security. a, E BE IT FURTHER RESOLVED AND ORDERED that the plat dedications are hereby accepted, and the roadway and drainage improvements within Quarry Phase I will be maintained privately in the future and will not be the responsibility of Collier County. ��a Packet Pg. 776 16.A.18.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: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: ,a 1/0'1(49 ci) Scott A. Stone Assistant County Attorney (NI 0 (I) Packet Pg. 777