Agenda 09/11/2018 Item #16A1309/11/2018
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, and acceptance of the plat dedications, for the final plat of Fiddler’s Creek Phase
Five Aviamar, Unit One, Application Number AR-6552; and authorize the release of the
maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On January 9, 2007, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Fiddler’s Creek Phase Five Aviamar, Unit One.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association and community development district.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on June 6, 2018,
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 of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association and community development district. The existing security in the amount of
$27,746.25 will be released upon Board approval. The original security in the amount of $2,818,334.88
has been decreased to the current amount of $27,746.25 based on the previous work performed and
completed and pursuant to the terms of the Construction and Maintenance Agreement dated January 30,
2006.
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 Five Aviamar, Unit One, Application Number AR-6552, and authorize
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and plat dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Technician, Development Review Division
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ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Plat Map (PDF)
4. Resolution (PDF)
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09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 5952
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Fiddler’s
Creek Phase Five Aviamar, Unit One, Application Number AR-6552; and authorize the release of the
maintenance security.
Meeting Date: 09/11/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/14/2018 3:29 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/14/2018 3:29 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/14/2018 4:26 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 06/15/2018 7:13 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 06/15/2018 8:23 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/15/2018 8:36 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/19/2018 10:03 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/09/2018 6:00 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/10/2018 9:00 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 11:45 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/10/2018 3:44 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/21/2018 10:18 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2018 11:38 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 08/21/2018 2:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2018 1:17 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 8:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
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FIDDLER’S CREEK PHASE FIVE AVIAMAR UNIT ONE
LOCATION MAP
16.A.13.a
Packet Pg. 379 Attachment: Location Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
Document Prepared By:
Michael T. Herrera, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AI\D MAINTENANCE AGREEMEII'T
F'OR SI,]BDTVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ': n i H day of *\.,rt-J 2006 between Dy Land
Associates, Ltd., hereinafter referred to as "Developer ", and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
A
I
2
3
RECITALS
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
NOW, THEREFORE, in corxideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 24 months from the date of approval of said
subdivision plat, said improvements hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision perfomunce security (attached hereto as
Exhibit 'A') and by reference made a part of in the amount of $2,818,334.88 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.
4
F:UOB\E-FIFIDDLER'S CREEK\FC I3PLT\FC I3PLT\PPL - Phsse 5 Udt l\MTH\Coost Maint Agree l-23-06 DOC FCI3PLT
"Fiddler's Creek Phase Five Aviamar - Unit One"
B. €t+l€t€+3*<f[e Collier County Land Development Code requires the Developer to
post approp ate 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.
In the event of default by the Developer or failure of the Developer to complete such
improvements wittrin 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.
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 furnished to be reviewed and approved by the Development Services Direffg f6 t V f n
compliance with the Collier County Land Development Code.
.., :.. . il: i
16.A.13.b
Packet Pg. 380 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notiry the Developer in writing of his
preliminary approval of the improvements; or b) notiry the developer in writing of his
refusal to approve the improvements, therewith 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 Developer Services Director refuse preliminary approval
of the improvements if they are in fact corstructed and submitted for approval in
accordance with the requirements of this Agreement.
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 inspect the improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still
in compliance with Collier Counry Land Development Code as reflected by fural
approval by the Board, the Board shall release the 10% subdivision performance security.
The Developer's responsibility for maintenance of the required improvements shall
continue ur ess or until the Board accepts maintenance responsibility for the County.
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 the 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
Development Services Director, The Development Services Director may gant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
In the event the Developer shall fail or neglect to firlfill its obligations under this
Agreement, upon cefiification 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 and maintained, pursuant to public
advertisement and receipt of 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 construction, the final 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 carry out all of the provisions of the
Agreunent.
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7
8
FCI3PLT
Fiddler's Creek Phase Five Aviamar - Unit One
Construction & Maintenance Agreement
For Subdivision Improvements
Page 2
5.
F:UOB\E F\FIDDLER'S CREEK\FC13PLT\FCI3PLT\PPL - I'htse 5 Unit l\MTH\Co$t Maint Agree l-23{6 DoC
16.A.13.b
Packet Pg. 381 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
Fiddler's Creek Phase Five Aviamar - Unit One
Construction & Maintenance Agreement
For Subdivision Imptovements
Page 3
9 All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN MTNESS WHEREOF, the Board and
executed by their duly authorized representatives th
Signed, Sealed and Delivered
in the presence of:
rn A.14!--
or Tvoed Name)t,t l,,, Lx C A \'
Attest:
Dwight E. Brock, Clerk
Developer have caused this Agreement to be
is 3< :i'day ot *l.t,tl , ZOOO.
DY Land Associates, LTD.
A Florida Limited Partnership
BY:
Mark . Strain,
Attorney-in-fact,
Vice President of Planning
Board of County Commissionen
of Collier County, Florida
BY
to Chrlrran's
Frank Halas, Chairman
form and legal sufficiency:
mey
AtL
n tt !lt$s. o0ly.
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F:UOB\E'F\FIDDLER'S CREEK\FCI3PLT\FC13PLT\PPL - Phase 5 Unir 1\MTH\Const Maint Agree l'23{6 DOC
Name)
FC 13PLT
16.A.13.b
Packet Pg. 382 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
6.0 ENGINEER'S OPINION OF PROBABLE COST
6.1 Bid Schedule Summary
BID SCHEDULE SUMMARY
BID SCHEDULB ST]MMARY FOR BONDING AND PERMIT FEE PURPOSBS
Underground Utility Total $ 1,105,591.80
Roadway, Drainage, Excavation
Total $ 1,456,530.82
(1) Fill is from on-site excavation already permitted and bonded.
(2) Secondary portion of Irrigation
N
SCHEDULE DESCRIPTION TOTAL PRICE
A Earthwork $148,892.00
B Paving $995,839.32
C Wastewater Collection $628,469.90
D Potable Water Distribution $325,23t.9A
E Irrigation $300,s48.00
F Storm Drainage $311,799.50
TOTAL $2,710,780.62
SCHEDULE DESCRIPTION TOTAL PRICE
A Earthwork (l)$148,892.00
B Paving $995,839.32
C Wastewater Collection $628,469.90
D Potable Water Distribution $325,231.90
E Irrieation (2)sl sl,890.00
F Storm Drainage s3l 1,799.50
TOTAL $2,562,122.62
F:\JOB\E-F\FIDDLER'S CREEK\FCI3PLnFCI3PLnPPL - Phase 5 Unit 1\MTH\Engineer's Report 40505.DOCFC'l3.PLT-SUB
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Packet Pg. 383 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
(Fiddler's Creek Phase 5
Aviamar Unit One)
PERFORMANCE BOND Bond *K07 L29439
KNOW ALLPERSONS BY THESE PRESENTS: that
DY LAND ASSOCTATES, LTD.,
a Florida limited partnership, at the address of:
3470 Club Center Blvd.
Naples, FL 34114-0816
(hereinafter collectively refened to as "Owner") and
WESTCIIESTER rIRE INSURANCE COMPANY
140 Broadway
New York, NY 10005
(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 Two Million Eight Hundred Eighteen Thousand Three Hundred Thirty-Four
and 88/100 Dollars ($2,818,334.88) in 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 submiued for
approval by the Board a certain subdivision plat named Fiddler's Creek Phase 5, Aviamar Unit One,
and that ce(ain 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 any such
change, extension of time, alteration, addition or deletion to the proposed specific improvements.
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," whenever used in this Bond, and whether referring to this
Bond, or other documents shall include any alteration, addition or modification of any character
whatsoever.
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Packet Pg. 384 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
A
hereto have caused this PERFORMANCE BOND to
2005.
PRINCIPAL:
DY LAND ASSOCIATES, LTD'. a Florida
limited
J. Ferrao,Attomey-in-
and not
be
ltint Name
Print
t'rC
STATE OF FLORIDA
COUNTY OF COLLIER
, -\{)-The foregoing instrument was acknowledged before thist-\-- day of
2005, by Aubrey J. Ferrao, Attomey in Fact of DY Land Associates, Ltd.,
partnership, on behalf of the limited partnership. f&_tg-pg5gglryIl9y" !g!qg
Print Name:
Notary Public
Commission No.
My Commission
t\- cr-. . ,
a Florida limi[ed
PACHA
MY CoMMISSIoN # 0D 29280s
€flEBS)June t4,2ff8
Sondcd thru Nqtrry P$llc ulk6ilnE6
Page?of 3
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Packet Pg. 385 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
The foregoing instrument was acknowledged before this I 4 day of
or E who has produced as identification.
Print etty
Notary Public
Commission No.
My Commission Expires:
PriDt Mrrc
ftinr nam G
STATE OF NEW YORK
COUNTY OF NEW YORK
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SURETY:
Westchester Fire Insurance Company
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2005, by Evangel i na T. - Domi ni r.1r (insert name), as AttgryFY-in-fact, on behalf of
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Packet Pg. 386 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 400 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 401 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 402 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 403 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 404 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 405 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 406 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 407 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 408 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 409 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 410 Attachment: Resolution (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)
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Packet Pg. 411 Attachment: Resolution (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)