Agenda 12/11/2018 Item #16A1412/11/2018
EXECUTIVE SUMMARY
Recommendation to grant final acceptance of the private roadway and drainage improvements for
the final plat of Marsilea, Application Number PL20130001985 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 Marsilea plat, accept the plat dedications, and release the maintenance
security.
CONSIDERATIONS:
1) On December 23, 2015, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Marsilea.
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. The Growth Management Department has inspected the improvements and is
recommending final acceptance of the improvements. A final inspection was conducted on
October 24, 2018.
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 C ode.
A copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of $123,036.63 will be released upon Board
approval. The original security in the amount of $748,629.20 has been reduced based on the previous
work performed and completed and pursuant to the terms of the Construction and Maintenance
Agreement dated May 19, 2014.
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
Marsilea, Application Number PL20130001985, 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: Lucia S. Martin, Technician, Development Review Division
16.A.14
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12/11/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Plat Map (PDF)
4. Resolution (PDF)
16.A.14
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12/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 7239
Item Summary: Recommendation to grant final acceptance of the private roadway and drainage
improvements for the final plat of Marsilea, Application Number PL20130001985 with the roadway and
drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing
the release of the maintenance security.
Meeting Date: 12/11/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/02/2018 9:00 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/02/2018 9:00 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/02/2018 1:51 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/05/2018 8:11 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/05/2018 9:53 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/06/2018 10:54 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2018 11:13 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 11/13/2018 9:13 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/13/2018 9:34 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/13/2018 6:39 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/14/2018 3:41 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2018 12:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/15/2018 2:04 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 11/16/2018 10:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/16/2018 10:43 AM
County Attorney's Office Emily Pepin CAO Preview Completed 11/16/2018 3:59 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/26/2018 12:49 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
16.A.14
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LOCATION MAP
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Packet Pg. 1098 Attachment: Location Map (7239 : Final Acceptance - Marsilea)
16.A.14.b
Packet Pg. 1099 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1100 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1101 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1102 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1103 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1104 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1105 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
ENGINEERING REVIEW DEPARTMENT
MEMORANDUM
TO: Trish Morgan
Clerk to the Board
FROM: John R. Houldsworth -10
Senior Site Plans Reviewer
RE: Marsilea
DATE: June 14, 2016
Attached please find an original AMENDMENT security for Marsilea. Please keep
this Amendment with the ORIGINAL original security until such time as the Board
authorizes it's release, or an alternate security is provided by Land Development
Services on behalf of the developer.
If you have any questions, please let me know.
Received by:Clerk)
JRH
16.A.14.b
Packet Pg. 1106 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
Decrease PENALTY RIDER
BOND AMOUNT $748,629.20 BOND NO. SU1126005
To be attached and form a part of Bond No. SU1126005 dated the 8th day of April, 2014,
executed by Arch Insurance Company as surety, on behalf of D.R. Horton, Inc. as
current principal of record, and in favor of Collier County, Florida, as Obligee, and in
the amount of Seven Hundred Forty Eight Thousand Six Hundred Twenty Nine Dollars
and 20/100 ($748,629.20).
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Arch Insurance Company hereby consents that effective from the 6th day of
June,2016, said bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Seven Hundred Forty Eight Thousand Six Hundred Twenty Nine Dollars
and 20/100 ($748,629.20)
TO: One Hundred Twenty Three Thousand Thirty Six Dollars and 63/100
123,036.63)
The Decrease of said bond penalty shall be effective as of the 6th day of June, 2016, and
does hereby agree that the continuity of protection under said bond subject to changes in
penalty shall not be impaired hereby, provided that the aggregate liability of the above
mentioned bond shall not exceed the amount of liabili • _ mun ed by it at the time the act
and/or acts of default were committed and in no ev= • all suc liability be cumulative.
Signed, sealed and dated this 9th
day of June,, 116.
D.R. Horton c.
NCIPAL
Arch nce Com.an
SURETY
BY: 0d/ 'I A/WV
Margaret/ . Ginem, Attorney-in-Fact
Florida Licensed Resident Agent •
do Willis Towers Watson
4211 W.Boy Scout Slvd.,Ste. 1000'
4°"
0::
Tampa, FL 33607 tasa:i.sate'
Inquiries: (813)281-2095
16.A.14.b
Packet Pg. 1107 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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AIC 0000185110
THIS POWER OFAN€Y IS NOT VALID UNLESS ITIS PRINTED ON BLUE 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. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint:
Anett Cardinale, Brandy Baich, David H.Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL(EACH)
its true and lawful Attorney(s)in-Fact,to make, execute,seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninety Million Dollars($90,000,000.00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recOgnizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15,2011:
VOTED,That the signature of the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
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00ML0013 00 03 03Page 1 of 2 Printed in U.S.A.
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Packet Pg. 1108 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
AIC 0000185110
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers,this
14th day of April, 2016.
Attested and Certified Arch Insurance Company
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Patrick K. Nails, Secretary David M. Ficin tein, Executive Vice President
Nisuri
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
COMMONWEALXH OF,PENN6Yl,vANi,
NOTARIAL SEAL
Mt.. N SZAFRAN,notary Public
City of
SSi Expires
OctoPhila.
berera, R,1y Carr bn EY.pii s tktr Der. 1
elen Szafran, tary Publi
My commission expires 10/03/2017
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated April 14,2016
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TWI)IONY
WH1.,
OF, lave hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this__/((_GA,__day of_ C_'i. ,20%lam_ .
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Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance-Surety Division
3 Parkway,Suite 1500 0'
Philadelphia,PA 19102 010.
ilii.,,
SE.M.
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Packet Pg. 1109 Attachment: Bond Basis (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1110 Attachment: Plat Map (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1111 Attachment: Plat Map (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1112 Attachment: Resolution (7239 : Final Acceptance - Marsilea)
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Packet Pg. 1113 Attachment: Resolution (7239 : Final Acceptance - Marsilea)