Agenda 09/26/2017 Item #16A2709/26/2017
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Fiddler’s Creek, Phase 3, Unit One, Application Number AR-1607 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 Fiddler’s Creek Phase 3, Unit One plat, accept the plat dedications, and
release the maintenance security.
CONSIDERATIONS:
1) On May 5, 2005, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Fiddler’s Creek Phase 3, Unit One.
2) The roadway and drainage improvements will be maintained by the Fiddler's Creek CDD 1.
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 within the Marco Shores / Fiddler’s Creek 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 $102,852.10 will be released upon Board
approval. The original security in the amount of $1,286,840.25 has been reduced based on the previous
work performed and completed and pursuant to the terms of the Construction and Maintenance
Agreement dated January 30, 2004.
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
Fiddler’s Creek Phase 3, Unit One, Application Number AR-1607 , 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 of the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
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09/26/2017
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction and Maintenance Agreement (PDF)
3. Resolution (PDF)
16.A.27
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09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.27
Doc ID: 3543
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Fiddler’s Creek, Phase 3, Unit One, Application Number AR-1607
with the roadway and drainage improvements being privately maintained; acceptance of the plat
dedications, and authorizing the release of the maintenance security.
Meeting Date: 09/26/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
07/28/2017 7:49 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/28/2017 7:49 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/28/2017 12:00 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/03/2017 1:55 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/03/2017 4:11 PM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 07/28/2017 7:29 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2017 12:05 PM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 10:45 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 2:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 3:10 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:45 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:17 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
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Packet Pg. 812 Attachment: Location Map (3543 : Final Acceptance Fiddler's
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
RECORD PLAT PRIOR TO CONSTRUCTION
THIS AGREEMENT entered into rhts.fuL
Land Holdings. Ltd. hereinafter referred to as
Commissioners of Collier County. Florida hereinafter
duy of *LUtu
'o"uJt,op"r';, {ra tto
referred to as "The Board".
, 2004 between 951
Board of County
l. Developer has, simultaneously with the delivery of this Agreement. applied for theapproval by the Board ofa certain plat of a subdivision to be known as:
Fiddler's Creek Phase 3, Unit 1
2' Division 3.2 of the Collier County Unified Land Development Code requires theDeveloper to. post appropriate guarantees for the construction of the improvements required bysaid subdivision regulations, said guarantees to be incorporated in a bonded agreement for theconstruction of the required improvemenrs.
Now, TIIEREFoRE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as tbllows:
1. Developer will cause to be constructed site improvements incruding
roadway, water, sanitary sewer, drainage, irrigation, lighting and signagewithin 36 months from the date of approval- said sutrdirision plat." said
improvements hereinafter referred to as the required improvements.
_ 2. Developer herewith tenders its performance Bond (attached hereto asExhibit "A" and by reference made a part hereof) hereinafter the "surety Bond,,. in
the amount of $1,286,840.25 which orieinally represented 107o of the toral conrracr
cost to complete construction plus 10070 0f the estimated cost to complete the
required improvements. As of April 30, 2003 the performance bond was reduced to
$423.284.45 by the "surery Rider" to reflecr subdivision improvements which ha'e
been completed since the original project approval. The reduced bond amount stillreflects 107o of the total contract corl to comprete construction plus 1007c of the
estimated cost to complete the require i improviments.
3. In the event of default by the Developer or failure of the Developerto c_omplete such improvements withi I the time required by the Collier CountyUnified-Land Development Code, Collier County, after wrinen notice to Developer
i?_:.tl upon the Surety Bond ro insure satisfactory complerion of the requiredlmprovements.
RECITALS
WTI998\I99807ORUI\PLAT RECORDATIOT'\O4OI3O3UICONSMAINTACREEMENTPRIORTOCONSTRUCTION,DOC
I
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Packet Pg. 813 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
4. The required improvements shall not be considered complete until astatement of subsrantial completion by Developer's engineer along rvith the finarproject records have been fumished to be reviewid and aplroved by theDevelopment Services Director for compriance with the Collier- bounty Unified
Land Development code. The Development services Director shall. within sixti,(60) days of receipt of the statement of substantial completion. suumit nls
recommendations conceming the required improvements to the Board.
5. Upon receipt by the Board of recommendations from the
Development Services Director conceming required improvements, the Bonrd shallwithin thirty (30) days either: a) notify the Developer in writing of its preliminary
acceptance of the improvementsl or b) notify the Developer in writing oi its ."fusul
to accept improvements. therewith specifying those conditions which ihe Deveropermust fulfill in order to obtain the Board's acceptance of the improvemcnts.However, in no event shall the Board refuse pieliminary acceptance of the
improvemenrs if they are in fact constru.t.d und submiited foi approval in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvemenrs for aminimum period of one year after preliminary u...ptur." by the Board. Afier theone year maintenance period by the Developer has terminated. the Developmenr
Services Director shall inspect the improvemenrs and, if tbund to be sii[ incompliance with Collier County unified Land Development Code as ret)ccted by
final. acceptance by the Board, the Developer's responsi6ility for maintenance of therequired improvements shall terminate and the Iioard shall release the remainingl07o of Surety. otherwise, the Developer's responsib ity fbr maintenance shai
continue until frnal acceptance by the Board.
1. In accordance with Division 3.2 of the collier county Unifred LandDevelopment Code, the Developer may from time to time request the Development
Services Director to reduce a,rnualry the dollar amount of the Surety Bond on thebasis of work completed. Each request for a reduction in the dolrar amount of theSurety Bond shall be accompanied by a statement of substantial completion by theDeveloper's engineer together vith the project records necessary for ieview by theDeveloper Services Director rhe Development Services Director moy g.oni therequest for a reduction in thc amount of ihe surety Bond for the imirJvements
completed as of the date of the r.rquest.
8' In rhe evenr the Developer shal fail or neglect to furti itsobligations under this Agreement. upon certification of such failure by theDevelopment services Director and upon notice as provided by the Co[ier Cluntyunified Land Development code. the Board sha irave the right to construct andmaintain, or cause to be constructed or maintained, purru-t to publicadvertisement and receipt and acceptance of bids, the imirovemens required
WT I 998\ I998O7O\3 U I \PLAT RECORDATIOMO.IOI3O3UICONSMAINTACREEMENTPRIORTOCONSTRUCTION.DOC
1
16.A.27.b
Packet Pg. 814 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
herein. The Developer, as principal under the Surety Bond tendered herewith. shall
be liable to pay and to indemnify the Board, upon completion of such consrrucrion.
the final total cost ro rhe Board thereof, including, buinot limited to. engineerin_u,
legal and consequential, which the Board may sustain on account of the fa ure or
the Developer to carry out all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and
shall be binding upon the respective successors and assigns ofthe Developer.
IN WTNESS WHEREOF, the Board and the Developer have
executed by their duly authorized representatives this _ day of
Signed. sealed and delivered
in the presence of:
caused this Agreement to be
_,2004.
.hai Ntt ri/ytttuau
951 Land Holdings, Ltd.
a Florida Limited Partnership
Prinred Name
o*L
FcANc S tk-
F6E\,
Printed Name
ATTEST:
Dwight E. Brock, Clerk
Mar P. Strain. as Attomev-in-Fact
Board of County Commissioners
of Collier . Florida
By:
Do Fiala
Chairman of Bozrd
Commissioners
,. ' ,i[i Ol
AO 4-
legal sufhciency:
J enn ifer A.Be o
Assistant Co un
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as to form and
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16.A.27.b
Packet Pg. 815 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
10% Mai ntenance Securitv
Club Center Blvd., Marsh Drir?e, and Hyacinth
Drive Grand Totat (CDD Retated)
Runaway Lane Grand Total
Marsh Drive Grand Total (Non - CDD Related)
Overall Grand Total
s746,340.60
$141 ,271 .98
s239,30s.00
s1,126,91s.58
10% Maintenance Security Total =s112.691 .56
10 0"/o Maintenance Secur itv (for uncomD leted work)
Club Center Blvd., Marsh Drive, and Hyacinth Drive (CDD Rslated)
Runaway Lane
Marsh Drive (Non - CDD)
Uncompleted Work Total
1007" Maintenance Secu riw for Uncompleted work Total =
Total Construct on and M aintenan ce Secu n ty RE quired $423,28s.4s
S:\1 998\1 998O7OBUl\3U1 gond Summaryzoo3o4z1.xls
Fiddler's,Creek, iihase 3, Unit 1
Summary of Subdivision Plat Construction
and Maintenance Security Bequirements
$137,635.10
$28,016.79
$144,942.00
$310,593.89
s310,593.89
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Packet Pg. 816 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
(Fiddler's Creek, Phase 3, Unit I )
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
95I LAND HOLDINGS, LTD.,
a Florida limited partnerslrip, and GB 31, Ltd., a
Florida limited parlnership, both at
3470 Club Center Blvd.
Naples, FL 341l4-0816
PRovIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension oflime, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereLy waive notice of any such
change, extension of time, alteration, addition or deletion to the propoied specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amendedautomatically and immediately, without formal and separate amendments hereto, so as to bind theowner and the surety to the full and faithful perfomrance in accordance with the Land DevelopmentKee,uiations. Thc rr;nrr Arrrcrrdrrrcrrt," ,virer.,r"'i ,",.1 ir, ilii; Do;:ir, r;d .;.hcthcr r:r::.i:",, +^ rrr;.Bond, or other documents shail incrude any arteralion, additiou o, *oain"otion';i;;rffi;;;whatsoever.
Bond # 35000396
(hereinafter collecti./ely relerred to as "Orvner") and
GREENWICH INSURANCE COMPANY
I 60 Water Street, l6'r' Floor
New York, NY 10038
(hereinafter referred to as "Surety")
are held and firmly bound unto collier county, Florida, (hereinafter referred to as "county") in the
total aggregate sum of one Million Two Hundred Eighty-six Thousand Eight Hundred iorty and
251100 Dollars ($ I,286,840.25) in larvful money of the United States, forthe payment ofwhich sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns,jointly and severally, fimrly by these presents. owner and Surety are used lor singular or
plural, as the conlext requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Fiddter's Creek, Phase 3, Unit One, and that
certain subdivision shall include specific improvernents which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation ofthe
Surety shall commence on the date lhis Bond is executed and shall continue until the date offinal
acceptance by the Board of County Commissioners of the specific improvements described i1 the
I-and Development Regulations (hereinafter the 'Cuaranty 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 atl claims and demands incurred andihall fully indemnify
and save harmless the County from and against all costs and damages which it nray suffer by reason
ofOwner's failure to do so, anct shall reirnburse and repay the County alloutlay and expense whiclr
the County may incur in making good any default, then this obligation shall be void, otherwise toremain in lull force and eflect.
Page I ol 3
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Packet Pg. 817 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
\\i ITNESSI]S:
PRINCIPAL:
951 LAND HOLDINGS. LTD. a Floritla
limited p artnershi pt
,t By:
(Aub J.F , as Attomey-ln-
and not dividually\,,r r(I F
SURETY:
1'r1,,,,,r,,r" Dan l-e l-e St ord GREENWICH INSURANCE
COMPANY
Lhr Cn,:Lr
p,,,,,,,u,,," Denise Von Ende Scott Adam s, Attomey in Fact
STATE OF FLORIDA
COUNTY OF COLLIER
Print Name:
i.iotary Public
Con.rmissi
My Com
STATE OF NEW YORK
COUNTY OF NEW YORK
On this '1 s t day of July, 2002, before me personally came SCOTT ADAMS, who is known
to me, orwho has produced a driver's license (#A1 7916947409606) as identification, who being duly
sworn by me did depose and say thal he resides in Mendham, N.J., that he is Attomey-in-Fact of
Greenwich Insurance Company, the corporation described in and which executed this instrument;
that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate
seal; that it was so alfixed by order of the Board of Directors of said corporation; and that the
li,Litities of said Company do not exceed its assets and ascertained in the manner provided in
Section 183 of the Insurance Laws constituting Chapter 33 of the Consolidated Laws of the State
of New York.
rl;..':-t
The foregoing instrument was acknowledged before thisSay of July, 2002. by Aubrel,
J. Ferrao, Attomey in Fact of 951 Land Holdings, Ltd., a Florida limited partnership, on behalf of
the limited partnership. He is personally known to me.
Notary Public 'r
(s
I
APRII. PEREZ
IOTARY PIICTIC OF IITW.IFRSEY
lty 00MMlsslofl ExPrRts rEB 22,2001
t
Ir:r USFRSTwANDA\rlDDt.ERS\PERFORM.TINDIU t.wpd
-pi#Hliffl"',:1fli*
ao,,a.a rn, U,.ry P,,U" U,.o*r(S
Page 2 o[ I
IN wlrNESs WHEREoF, the parries hereto have caused this PERFoRMANCE BoND to be
executed 1h1r l st dayofJuly,2002.
K,, FUF| IT UTEYPA'HT
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Packet Pg. 818 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
WITNESSES:
Prinl Namc
-\::-t
\ t\. s t<-.'
PRINCIPAL:
GB 31, Ltd., a Florida limited partnership
By: GB 31, Inc., a Florida corporation, its
general partner
Print Nam.
STATE OF FLORIDA
COUNTY OF COLLIER
colporation, as general partner ofGB 3 l, Ltd.
partnership, who is personally known to me.
By;
. Woodward, as Vice President
, a Florida limited partnership, on behal fofthe limited
The foregoing instrument was acknowledged befo ,"^"rt i" 4*aayofJuly,2002by
Mark J. woodward, as vice President of GB 31, Inc., a Florida corporation, on behalf of the
?
Print Name:
Notary Public
Commission No.
My Commission Expires:
(SEAL)
UDEMANCARNIE
DO 039891corlMlSSIONr$Y
2005ft1cbelEXPIF€S
t :\UStRS\WANDA\t-tDDLERS\pERFORM.BNDIU l.wpd
Page 3 of 3
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Packet Pg. 819 Attachment: Construction and Maintenance Agreement (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
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Packet Pg. 820 Attachment: Resolution (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)
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Packet Pg. 821 Attachment: Resolution (3543 : Final Acceptance Fiddler's Creek Phase 3 Unit One)