Agenda 07/11/2017 Item #16A 607/11/2017
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Hatchers Preserve, Application Number PL20120000510 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 acceptance of the
improvements associated with the Hatchers Preserve plat, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On September 5, 2012, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Hatchers Preserve.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association, with the exception of ‘Tract A’, that portion of the Westclox Street public right of
way fronting the Hatchers Preserve subdivision, which will be maintained by the County.
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.
A copy of the document is attached.
5) This project is not within a PUD.
FISCAL IMPACT: The roadway and drainage improvements, with the exception of Tract A as
described above, will be maintained by the project's homeowners association. The existing security in the
amount of $80,000 will be released upon Board approval. The original security has been reduced based
on the previous work performed and completed and pursuant to the terms of the Construction and
Maintenance Agreement dated July 7, 2015. Westclox Road is maintained by Collier County with funds
from the Transportation Services operations and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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
Hatchers Preserve, Application Number 20120000510, 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 which was posted in the form of a Cash
Bond to Hatchers Preserve, LLC.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
07/11/2017
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction & Maintenance Agreement (PDF)
3. Resolution (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 3306
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Hatchers Preserve, Application Number PL20120000510 with the
roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and
authorizing the release of the maintenance security.
Meeting Date: 07/11/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
06/06/2017 6:38 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/06/2017 6:38 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/06/2017 9:00 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/06/2017 12:20 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/12/2017 8:15 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/12/2017 12:35 PM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 06/02/2017 8:46 AM
Growth Management Department James French Additional Reviewer Completed 06/15/2017 2:02 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/21/2017 12:15 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 1:12 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 4:48 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2017 5:46 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 1:27 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
14 13 18 17 16 15 14
23 24 19 20 21 22 23
C.R. 846 _
I
I
LOCATION MAP
HATCHERS PRESERVE
SITE MAP
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PROJECT 27
LOCATION
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C.R 890
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LAKE
TRAFFORD
MAIN ST. 3
C.R 846
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14 13 18 17 16 15 14
23 24 19 20 21 22 23
C.R. 846 _
I
I
LOCATION MAP
HATCHERS PRESERVE
SITE MAP
IMPROVEMENTS entered into this 7*luy of J,r 1.,2015, between Hatchers Preserve, LLC
hereinafter referred to as "Developer," *d ,h" Bo*d of iF*,y commissioners of collier county, Florid4
hereinafter referred to as the "Board".
Page I of3
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
RECITALSI
A. On May 13,2008, Collier County approved a certain suMivision known as Hatchers Preserve.
B. In accordance with subdivision regulations under Chapter 4 and 10 of the Collier County Land
Development Code, the previous developer, Empowerment Alliance of Southwest Florida, CDC, provided a
Construction, Maintenance and Escrow Agreement subdivision performance security in the amount of
$80,000.00 as a guarantee for the construction of the improvements required by said subdivision regulations
(attached hereto as Exhibit "A").
C. Developer is now owner of the Hatchers Preserve plat property, and wishes to replace the existing
Construclion, Maintenance and Escrow Agreement with an altemate subdivision performance securiry, as
provided herein.
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: required landscaping and sidewalks prior to November
15,2016.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B"
and by reference made a part hereofl in the amount of $80,000.00 which amount represents 10% of the total
contract cost to complete construction plus 100% of the estimated 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 ofthe 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 fumished to be reviewed and
approved by the County Manager or his designee for compliance with the Collier County Land Development
Code.
E,\E,'
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) notiff 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 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 lloh of the subdivision perfornance 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.
Page 2 of3
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed
by their duly authorized representatives this ?" lday of 2015.
SIGNED IN THE PRESENCE OF:(Name of Entity)
By:
Print N : r-{ q a -T;.r€s S teven
P LLC.
Print ame:
By:
ATTEST:
DWIGHT E. BROCK,Clerk
BOARD OF COUNTY COMMISSIONERS
LORIDA
By:
TIM CE. Chairman
CutMbr.
Attr-;lffisnutl'ctert
signature only.
Approved as to form
and
Scott
Assistant County Attomey
Approv.d Fom - JAK - Februar! 2006
.tL tolV ,3
Page 3 of 3
@
OF COLLIER COUNTY,
Exhibit B
Colller CountY
Growth anagementDlvlslon
2800 Horscshoe Dtive N.
Nrql.e, FL 341U
2
RECEIPT OF PAYMENT
RGCdfi llumbcr:
franractlon NumbGr:
D.t P!ld!
Amount Duc!
Paymrrlt DGtalls:
Amount P.id:
chlngc / Ova6gr.:
Cont!ct:
FEE DETAILS:
Era-cr.rdrtle!
Rcfundable Bonds
Cashlcr N.mG:
B.tch Numbcr:
Erltcrld By:
2015240901
2015-021369
04/23/2O7s
$80,000.00
Prvm.nt l.lcthod
Check
s80,000.00
$0.00
Hatchers Preserve, LLC
P O Box 343529
Florlda City, FL 33034
BltaIt[Il.fftlolrr
PL201r0002078
Atrcntrl-Pdtl
$80,0o0.00
cDlsx-dnEEr
1041
gIlcllrl
E!3
$80,000.00
Ar ount
P.ld
$80,000.00
GL Account
670-000000-2201r3
AmandaBayouml
44L7
hughes_J
RESOLUTION NO. 17-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN HATCHERS
PRESERVE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 51,
PAGES 88 THROUGH 89; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 13, 2008, approved the plat of Hatchers Preserve 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
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 Hatchers Preserve, pursuant to
the plat thereof recorded in Plat Book 51, pages 88 through 89, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that Collier County accept plat
dedications and that the roadway and drainage improvements within Hatchers Preserve
will be maintained privately in the future and will not be the responsibility of Collier
County, with the exception of "Tract A", that portion of the Westclox Street public right-
of-way fronting the Hatchers Preserve subdivision which will be maintained by Collier
County.
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2017.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rn
PENNY TAYLOR, CHAIRMAN