Agenda 05/28/2019 Item #16A10 (Avalon of Naples Conveyance & Bond Release)05/28/2019
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of the potable water and sewer facilities for Avalon of
Naples, PL20160002356, accept the conveyance of a portion of the potable water and all of the
sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39 to the
Project Engineer or the Developer’s designated agent.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the
Collier County Water-Sewer District, approve final acceptance of the potable water and sewer facilities,
accept the conveyance of a portion of the potable water and all of the sewer facilities, and to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39, in
accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Avalon of Naples, has constructed the potable water and sewer facilities within
dedicated easements to serve this private development (see attached location map). A portion of the
potable water and all of the sewer facilities will be conveyed to the County, as described in Official
Records (O.R.) Book 5371, Page (PG) 822, and (O.R.) Book 5498, Page 962. The remaining potable
water facilities will be private.
2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on
January 25, 2017. At that time, the value of these potable water and sewer utility facilities (assets)
was $44,009.20 and $308,921.15, respectively. (See attached asset sheet).
3) Staff recorded all preliminary acceptance documents associated with the potable water and sewer
facilities conveyed to the County in the public records of Collier County, which were reviewed and
approved by the County Attorney’s office as to form and legality. The County acquired its interest in
a portion of the potable water and all of the sewer facilities by Utilities Facilities Warranty Deed and
Bill of Sale recorded in Official Records Book 5371, Page (PG) 822, and Book 5498, Page 962 of
the Public Records of Collier County, Florida (“the Utilities Facilities Deed”).
4) The potable water and sewer utility facilities have been operated and maintained during the required
one (1) year warranty period, following preliminary acceptance.
5) A final inspection to discover defects in materials and workmanship has been conducted by staff on
April 19, 2019, in coordination with Public Utilities, and these facilities have been found to be
satisfactory and acceptable.
6) The on-site potable water and sewer utilities, less the potable water and sewer utilities described in
O.R. Book 5371, Page (PG) 822, and (O.R.) Book 5498, Page 962, are owned and maintained by the
developer.
7) Staff recommends final acceptance of the subject utility facilities and to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39. (See
attached Exhibit A). Staff also recommends acceptance of the Utilities Facilities Deed and the
facilities described therein.
8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended.
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9) Staff is unaware of any issues that would serve to negate the recommendation to release the
applicable security.
FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer
District receiving unconditional title to a portion of the potable water and all of the sewer utility facilities,
which at the time of preliminary acceptance, had a total gross value of $352,930.35 (no depreciation
applied) and an asset will be recorded in the financial records of the county.
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 -HFAC
RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for
Avalon of Naples, PL20160002356, accept the conveyance of a portion of the potable water and all of the
sewer facilities, accept the conveyance of the Utilities Facilities Deed and the facilities described therein,
and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS)
and Final Obligation Bond in the total amount of $75,061.39 to the Project Engineer or the Developer’s
designated agent.
Prepared by: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Exhibit A (PDF)
3. Assets Sheet (PDF)
4. Warranty Deed and Bill of Sale (PDF)
5. Warranty Deed and Bill of Sale - Sewer (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 8710
Item Summary: Recommendation to approve final acceptance of the potable water and sewer
facilities for Avalon of Naples, PL20160002356, accept the conveyance of a portion of the potable water
and all of the sewer facilities, and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39 to the
Project Engineer or the Developer’s designated agent.
Meeting Date: 05/28/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/19/2019 4:19 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/19/2019 4:19 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 04/19/2019 4:54 PM
Wastewater Steve Nagy Additional Reviewer Completed 04/22/2019 5:29 AM
Water Pamela Libby Additional Reviewer Completed 04/22/2019 7:40 AM
Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/22/2019 10:46 AM
Wastewater Beth Johnssen Additional Reviewer Completed 04/22/2019 5:30 PM
Water Steve Messner Additional Reviewer Completed 04/23/2019 2:57 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/24/2019 8:11 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/24/2019 11:45 AM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/26/2019 11:06 AM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/29/2019 9:54 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 9:37 AM
Growth Management Department James C French Deputy Department Head Review Completed 05/01/2019 5:40 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/02/2019 8:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2019 9:06 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/07/2019 8:44 AM
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County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/20/2019 11:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM
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AVALON OF NAPLES
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Packet Pg. 525 Attachment: Location Map (8710 : Final Acceptance of Utilities - Avalon of Naples)
Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $71,061.39 CS9826544
Final Obligation Bond $4,000.00 2016365230
Total Amount $75,061.39
The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer
utilities being installed for the whole project which includes material and labor. The
contributory assets reflect the cost of materials, not labor and are based on the assets of
which the county will be owning and maintaining.
Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost
2. Receipt of Payment
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Packet Pg. 526 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 541 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 542 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 543 Attachment: Assets Sheet (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 544 Attachment: Assets Sheet (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 545 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 546 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 547 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 548 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 551 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 552 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 553 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 554 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples)
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Packet Pg. 555 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples)