Agenda 11/15/2016 Item #16A10 16.A.10
11/15/2016
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Seneca at Talis Park Application Number PL20130000311 with the roadway and
drainage improvements being privately maintained and authorizing the release of the maintenance
security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the
improvements associated with the Seneca at Talis Park plat, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On October 30,2014,the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Seneca at Talis Park.
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 are 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 Tuscany Reserve PUD, which has been found to be in substantial
compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of$63,085.70 will be released upon Board
approval. The original security in the amount of $693,942.65 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 April 8,2014.
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
Seneca at Talis Park,Application Number PL20130000311, 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.401
16.A.10
11/15/2016
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.402
16.A.10
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Item Summary: Recommendation to grant final approval of the private roadway and drainage
improvements for the final plat of Seneca at Talis Park Application Number PL20130000311 with the
roadway and drainage improvements being privately maintained and authorizing the release of the
maintenance security.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer,Senior—Growth Management Development Review
Name: John Houldsworth
10/10/2016 7:31 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/10/2016 7:31 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/12/2016 4:09 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/13/2016 1:30 PM
Growth Management Department James French Additional Reviewer Completed 10/17/2016 5:23 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/25/2016 10:01 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:41 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 3:11 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/27/2016 3:32 PM
Budget and Management Office Mark lsackson Additional Reviewer Completed 10/31/2016 11:38 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
Packet Pg.:,403
16.A10a
ILEECOUNTY
C
LL1ER COUNTY .,: 1,,,,„
' .-;i1101/111110iiiift . =.21
(� iI6Ev...l.fF' ,,r ,,-,..,:„.7..
Uti1N+GSTON 12 0) ,
�IIIlt�51{il,
\\\�1t4 •)
ROAD
COUNTRY CLUB ., •• it CO
a.N
—
iii
as
UVINGSTON ROAD—E/W in m
0II N
< II I t m
2 it w c
N I I a
V.,
Lo
1113
18 w
it PELICAN a
# ;` I STRAND H t o
t1 Z 'w
S J
\� __r_ _ 1
,NOT TO SCALE �, _ (n
} To
it
LOCATION AlAP
e+rr r.•i rr, n nr r rnn I a—r.a i 111,,,,s1,1,1.1.1“,•.• f
r
N
Q
4c
2
O
i
V
O
J
C
d
V
as
r
a
Packet Pg.404
16A.10:13
•
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this S day of / Apr, 1 , 20 Pif between
E Tali*Park Properties,LLC hereinafter referred to as"Developer," and the Board of County Commissioners of Collier ..v
County, Florida, hereinafter referred to as the"Board. a.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the 14
03
Board of certain plat of a subdivision to be known as: Seneca at Tans Park
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
co
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
0.
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:
0
:(7)
1. Developer will cause to be constructed: The Required Subdivision Improvements
within 12 months from the date of approval said subdivision plat, said improvements '121
hereinafter referred to as the required improvements.
co
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and •E•
by reference made a part hereof) in the amount of$693,842.65 -which amount represents 10% of ••
the total contract cost to complete the construction plus 100% of the estimated cost of to complete S>
the required improvements at the date of this Agreement.
+0*
3. In the event of default by the Developer or failure of the Developer to complete such improvements 0,
within the time required by the Land Development Code, Collier 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 2
completion by Developers engineer along with the final project records have been furnished to be 2
reviewed and approved by the County Manager or his designee for compliance with the Collier S
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of 12
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the r's,
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
Managers approval of the improvements. However, in no event shall the County Manager or his 17;
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 E
preliminary approval by the County Manager or his designee. After the one year maintenance period f)
by the Developer has terminated, the Developer shall petition the County Manager or his designee to Ft
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the 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.
Packet Pg.405
r 16.A.10.b
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 2
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 o
request for a reduction in the amount of the subdivision performance security for the improvements ra
completed as of the date of the request. ti
a
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon as
certification of such failure, the County Manager or his designee may call upon the subdivision c
performance security to secure satisfactory completion, repair and maintenance of the required co
improvements. The Board shall have the right to construct and maintain, or cause to be constructed c
or maintained, pursuant to public advertisement and receipt and acceptance of bids, the ca
improvements
improvements required herein. The Developer, as principal under the subdivision performance a
security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the Q
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 o
account of the failure of the Developer to fulfill all of.the provisions of this Agreement. 0
y
=®
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the cn
Developer and the respective successors and assigns of the Developer.
70
IN WITNESS WHEREOF, the Board and the Developer have cause 'hi- Agreement to be executed by ``
their duly authorized representatives this g day of / At,t;j ! 20 /4' ko
T
h
SIGNED IN THE PRESENCE OF: (Name of k i K.
By:
, Ai„.4_,..,,,,, /2.e .:(.2_,
6
Printed Name
Lq.ii,tani kzLsnrn `(`r\;\\° v\v-\
o
Printed Name/Titlec
ca
(President,VP, or CEO) c___ 00-- { X[?rk
K ',„ ,-.
a..._,,,7,,a.... el.— (Provide Proper Evidence of Authority) ...
Printed Name, -46,,3x, ue,c�,.y�.„ 3
ca
ATTEST: c
15 .. a"`S "F 0
C
DWIGHT E.BROCKreLERK BOARD OF COUNTY OMMISSIONERS L
��, OF COLLIE Otl , FLORIDA In
By: i !•;.�' • . . . :ills %7` ci
Deputy Ie`rk,'rt,; • ' �` TOM HENNING, Chairman S
qtrAppr ved as to for ' •:. ' . a)
U
) L (it �- 6+-0,2- °lc
Assistant County Attorney
Packet Pg.406
16.A:10.b
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2014170201
Transaction Number: 2014-017320
Date Paid: 04/21/2014
Amount Due: $693,942.65
v
Payment Details: Payment Method Amount Paid Check Number
Check $693,942.65 74502364 N
Amount Paid: $693,942.65
Change / Overage: $0.00 cu
o
Contact: KE TAUS PARK PROPERTIES LLC
4500 PGA BLVD
PALM BCH GDNS , FL 33418
.N
FEE DETAILS:
Fee Description Reference Number Oriainal Amount GL Account c
Fee Paid
Refundable Bonds PL20130000311 $693,942.65 $693,942,6 670-000000-220113
5 cn
N
C
Cashier Name: melissaalvarez
Batch Number: 3710
Entered By: hughes_j Q
C
C
cc
C
m
C
2
0
co
C
0
r
-.
ccs
C
0
U
C
cu
E
v
Ct '3t om,{`". s
Packet Pg 407
16.A.10.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 SENECA AT
TALIS PARK, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 55,
PAGES 28 THROUGH 31; RELEASE OF THE L
MAINTENANCE SECURITY; AND a
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on To
April 22,2014,approved the plat of Seneca at Talis Park 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 Development Review Division has inspected the roadway and co
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 Seneca at Talis Park, pursuant
to the plat thereof recorded in Plat Book 55, pages 28 through 31, acceptance of the plat
dedications, and the Clerk is hereby authorized to release the maintenance security.
_
N
E
V
Packet Pg 408
16:A.10.c
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Seneca at Talis Park 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 a
DWIGHT E. BROCK, CLERK
I
By:
,Deputy Clerk DONNA FIALA, CHAIRMAN d
a)
U
a)
Approved as to form and legality:
co
,0/4,6to
Scott A. Stone
c
Assistant County Attorney
Cn
LL
tt�
r
N
C
O
r
7
O
C
tx
Packet Pg.409