Agenda 07/09/2019 Item #16A 4 (Resolution - Tuscany Pointe)07/09/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Tuscany Pointe, Application Number PL20130001473, and
authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On February 2, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Tuscany Pointe.
2) The roadway and drainage improvements will be maintained by the Tuscany Pointe community
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.
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 Tuscany Pointe
community association. The existing security in the amount of $203,869.73 will be released upon Board
approval. The original security in the amount of $1,744,311 has been reduced to the current amount
based on the previous work performed and completed and pursuant to the terms of the Construction and
Maintenance Agreement dated April 14, 2014.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Tuscany Pointe, Application Number PL20130001473, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of t he
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Technician, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
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07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 9224
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Tuscany Pointe, Application Number
PL20130001473, and authorize the release of the maintenance security.
Meeting Date: 07/09/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/04/2019 4:33 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/04/2019 4:33 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 06/04/2019 4:46 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 06/05/2019 5:59 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/05/2019 7:39 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 8:08 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/07/2019 12:37 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2019 4:33 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/10/2019 3:35 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/12/2019 5:50 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/13/2019 12:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/18/2019 3:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:26 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 8:06 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
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TUSCANY POINTE
LOCATION MAP
16.A.4.a
Packet Pg. 338 Attachment: Location Map (9224 : Final Acceptance - Tuscany Pointe)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTIOf':Jl,ND MAINTENANlE AGREEMENT FOR SUBDIVIS ION JMPROVEMENTSentered into this 14,::i day of A-pr:'L / ____ / ____ , 20 \ 4 between
t,g Hod-on hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS: A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by theBoard of certain plat of a subdivision to be known as: TuscANY POINTE B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to postappropriate 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.
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:
d · water & sewer improvements 1.Developer will cause to be constructed: Roadway, ramage,
within 1s months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" andby reference made a part hereof) in the amount of$ 1,744 .311 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to completethe 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 improvementswithin the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements.
4.The required improvements shall not be considered complete until a statement of substantialcompletion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code.
5.The County Manager or his designee shall, within sixty (60) days of receipt of the statement ofsubstantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the CountyManager'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 afterpreliminary 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 Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvementsshall continue unless or until the Board accepts maintenance responsibility for and by the County.
16.A.4.b
Packet Pg. 339 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
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.
IN WITNESS WHEREOF, the Board and the Q�veloper sed this Agreement to be executed by
tb,efr ou1y suthorized representatives this � d of ...L..lj,4-Jl-l--.l,...../ ____ / ____ , 20�
SIGNED INTHE PRESENCE..0f:
ATTEST: _________ _ � "":
DWIGHT E. BROCK, CLE�K
TOM HENNING, CHAIRMAN
Assistant County Attorney
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Packet Pg. 340 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned herehy certifies as follows:
1.He is a duly elected, qualified and acting Assistant Secretary of D.R. Ho,ton. Inc .. a
Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly
authorized to ce1tify the same.
1 The following is a true, correct and l'.Omplete copy nfresolutions related to the suhject
matter as adopted by the Consent of Executive Committee oft he Board of Directors of the Company
dated November I 0, 20 I 1 (the "Resolutions''). The Resolutions have m1t been amended, rescinded
or rnoditied and remain in full fr1rce and effect as of the date hereof.
Election of Vice President and City l\.fana�er
WHEREAS. etkctivc Januar:v 3, 2007. Jonathon \1. Pentecost was duly
ckctcd to the onice or Assistant Secretary of the Company in the Company's Sliuth
Florida Di\'lsion: and
WHEREAS, Jonathon M. Pentecost has subsequently been promotcJ tu the
position of Vice President and City 'Vlanager.
NO\V, THEREFORE, BE IT RESOLVED, that Jonathon !\1. Pentecost 1s
hereby elected to the oflice of Vice President of the Company (the "Vice President")
in the Company's South Florida Division (the "Division"), to serve until the next
annunl meeting of the directors of the Company and until his successor is duly
elected and qualified or until his earlier death. resignation or removal.
RESOLVED FURTHl(R, that the Vice President is herehy authori1cd and
empowered, in the Southwest Florida area (the "Arl.'.a") uf the Division and in the
narnc and on behalf of (A} the Company, (B) any partnership ofv.hich the Cumpany
is a general partner. manager or agent, and (C) any I irnited liability company nf whieh
the Company 1s a member, manager or agent ( collect1vely the "Entities"). ( i) subject
t() written approval by any one of the following ofliccrs of the Company: (a)
Chain nan of the Board. (h) President, (c) Seniur Fxecutive Vice President. (d)
Fxecut1, e \'ice President nr ( e) the Region President ofthc Division (the .. Approving
Officers"). to c.xecull' and dclt\'Cr contracts. agreements and other documt:nt,; and
instrument.-; (other than promissory notes) for the purchase ofreal propert). and an:,,
impni,·c1111;:11b ()r appurtenances constructed thereon or a nixed thereto, or any in tt.:rl's\
therein. includrng without limitation any right-of-way. casement. leasehold l•r other
tangible or intangible property. tight or interest, and any personal proper!\ rclatmg
or incident thereto. (1i) subject to written appn1\al by any (>nc or the Apprm 111g
Officers. to execute and deliver contracts, agreements, deeds. conveyances or other
obligations of the Entities. closing statements and other documents and instruments
for the sale of improved or unimproved real prope1ty, or any interest or right therein,
16.A.4.b
Packet Pg. 341 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
201 l.
,,\\ ned. leased nr otherwise nmtrnllcd hv the Fntitie-; and ( ii 1) tu e'<-:cute and dcl i, er
nwdel lwmL· lease:--and such other agrL·cmcnts. instruments or ck1cun11.:nts ,h the
Approving Officers shall direct.
RESOLVED Fl'RTHER. that in connection with the management of" the
Entities· business. Ilic Vice President is hereby authorized and empowered, rn thr..:
name and on heh al f of the Entities in the Arca. to execute and deli vcr ( i) contract:-.
agreements and other documents and instruments for the suhdivisinn, development
and:nr 1mpt"l l\erncnt of real property, (ii) home sales contracts. sales person
ernploymL�nt agreements and similar C)r equivalent agreements. documents or
instruments and (iii) persunal property leases for. among ()ther things. ,'1ftcL·
equipment and construction trailers.
RESOLVED FURTHER that in connection with the management ()f the
Entities' business in the Arca, the Vice President shall be authorized an<l empowered,
iu the nmnc and on behalf of the Entities in the Arc.:a, tu cxccute and deliver any and
all documents and instruments necessary to sell and convey title to single-family
homes.
RESOLVED FLRTHER that Jonathon M. Pentecost is hereby renwn:d
from the office pf Assistant Sccn:tary of the Company he held pri\lr to this date.
RESOLVED FCRTIIER. that effective as of the date hereof. the authority
hereby granted to the Vice President supersedes authority previnusly granted \w
Wntten Consent of Executive Committee of the Board of Directors to the V1u;
President.
1, \VIT�ESS \VHEREOF. the undersigned has set his hand un the l dayoC\ovembcr.
Thomas B. Montano
Assistant Secretary
I JII \\·\I I \\1r, !Jilli I'\,,,!.< lL\\ wpd ")
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Packet Pg. 342 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
.,
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
D.R. Horton, Inc.(Name of Owner)
BOND NO. 478689S
10541 Ben C. Pratt/Six Mile Cypress Pkway., Ste. 100 {Address of Owner)
Fort Myers, FL 33966
{Hereinafter referred to as "Owner") and
Developers Surety and Indemnity Company
100 Second Ave. South, Ste. 704 South
St. Petersburg, FL 33701
(727)822-5610
(Address of Owner)
(Name of Surety)
(Address of Surety)
{Address of Surety)
{Telephone Number)
(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, Seven Hundred Forty* Dollars
($1,744,311.00 ) 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. * Four Thousand, Three Hundred Eleven and 00/100 Dollars
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a ce rtain subdivision plat named Tuscany Pointe and that
certain 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
16.A.4.b
Packet Pg. 343 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond,
or other documents shall include any alteration, addition or modification of any character whatsoever.
have caused this PERFORMANCE BOND to be ---'-'=---JI 2014 ! ____ _
ACKNOWLEDGEMENT
STATE OF _f_L�--------
COUNTY OF _L�f-�t--------
Printed Name
Witness: Deve�o ers Surcy ��ompany
B ' y:.', . Anett Cardinale, Attorney-in-Fact& ·:._, · ..Florida Licensed Resident Agent
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Packet Pg. 344 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 345 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 346 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 347 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
ev C-ounty
April 14,2016
Developers Surety and Indemnity Company
100 Second Ave South, Ste. 704 South
St. Petersburg, FL. 33701
RE: Performance Bond No. 4786895 / D.R. Horton
Tuscany Pointe Subdivision security
Dear Sir or Madam
Please be advised that based on the work completed to date, the subj ect Performance
Bond may now be reduced by $1,540,441.27, leaving an available balance of
$203,869.73. The remaining security represents $45,296. in uncompleted improvements,
plus $158,573.73 as the required l07o maintenance security.
An original Bond Rider should be directed to this office reducing the value ofthe Bond,
"all other terms and conditions of original Performance Bond to remain in full force and
effect"
Sincerely,
John llorrldsworth
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Barry Jones, PE, HoleMontes
Growth Management Division/Development Review.2800 North Horseshoe Drive. Naples, FL 34104 . 239-252-2400
Growth Management Division
Development Review
If I can be of any further assistance to you in this regard, please let me know
16.A.4.b
Packet Pg. 348 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
Decrease PENALTY RIDER
BOND AMOUNT $1.744.31 1.00 BOND NO.4786895
To be attached and form a part of Bond No. 4786895 dated thc 7th day of April, 2014,
executed by Develorrers Suretv and Indemnitv Companv as surety, on behalf of D.R.
Horton. Inc. as current principal of record, and in favor of llier Coun Florida AS
Obligee, and in the amo unt of One Million Seven Hundred Forty Four Thousand Three
Hundred Eleven Dollars and 00/100 744 11.00
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Develorrers Surety and Indemnitv Comrrany hereby consents that effectivc
rio* tt
" 1f aiy oi-4p4.2g1g, said tronrl shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: One Millio n Seven Hundred Fortv Four Thousand Three Hundred
Eleven Do Ilars and 00/100 144 1t.00
TO:Two Hundred Three Thousand Eisht Hundred Sixtv Nine Dollars
and 731100 G203J59J3)
The Decrease of said bond penalty shall be effective as of the l4th day of Aoril, 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 liability assumed by it at the time the act
and/or acts of default were committed and in no event shall such liabili ty bc cu nr ulative.
Signed, sealed and datetl this l5th day of April,20t
I nc.
PRINCIP
Devel and Indemni Com an
SURETY
I
1
tuan,tl. l/ra,)vr@a
& Florida Licensed Resident Agent
c/o Willis Towers Watson
4211 W. Boy Scour Btvd., Sre. 1000
Tampa, FL 33607
lnquiries: (81 3) 281-2095
.R. Ho
BY:
BY:
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Packet Pg. 349 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
P0 Box 19725, lRVlNE, CA92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS trat except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY 0F CALIFORNIA, do each
hereby make, constitute and appoint:
***Margaret A. Ginem, Brandy L. Baich, David Can, Anett Cardinale, Shirley Hill Shilts, Eric C. Parker, jointly or severally***
presents, are hereby ratified and confrmed.
AND INDEMNITY COMPANY and INDEMNITY C0MPANY 0F CALIF0RNIA, efiective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of tlre Board, the President, Exea.rtive Vic+President, Senior VicePresident or any Vice President of the
corporations be, and that eadl of hem hereby is, autrorized to execute his Power ofAttomey, qualifying the attomey(s) named in the Power ofAttomey to execute, on behatf of the
to attest the execution of any such Power ofAttorney;
RESOLVED, FURTHER, trat the signafures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY ANd INDEMNITY COMPANY OF CALIFORNIA hAVE SEVETAIIY CAUSEd thESC PTESCNB tO bE SigNEd bY
their respective offices and anested by ttreir respective Secretary orAssistant Secretary this January 29,2015.
By:
By:,e+
Mark Lansdon, Vic+President
1936
*
&t.
10
ANO
o
ocT. 5
1967
State of Califomia
County of Orange
0n
personally appeared
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document lo which this certificate is and not the truthfulness,or of thal document
before me.Lucille Ravmond. Notarv Public
Here lnerl Nile and Title of the Off@
Daniel Younq and Mark Lansdon
LUCITLE RAYilOIID
Commisrion ,20E1945
Notary Public - Cdfornlr
orangc County
Nm(s)of Sgns(s)
who proved to me on the basis of satisfactory evidence to be tre pemon(s) whose name(s) idare subscribed
to he within instrument and acknowledged to me that he/she/they execxled he same in his/herltheir authorized
capacity(ies), and tfrat by his/her/treir signature(s) on ttre instrument the person(s), or he entity upon behalf of
which the person(s) acted, executed ttre insfument.
2 I certi! under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is
true and conect.
Comm.oct 1 20rE
WTNESS my hand and officialseal.
Place Notary Seal Above Signature
Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY 0F CALIFORNIA, does hereby
said corporations set forth in the Power of Attomey are in force as of the date of this Certiricate.
This Certificate is executed in the City of lrvine, Califomia, this 15th day of April
By:
l&1380(Rev 01/15)
201 6
biniel Young, Senior Vice-President //uso s.rj*
,ts14!
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Packet Pg. 350 Attachment: Bond Basis (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 351 Attachment: Resolution (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 352 Attachment: Resolution (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 353 Attachment: Plat Map (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 354 Attachment: Plat Map (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 355 Attachment: Plat Map (9224 : Final Acceptance - Tuscany Pointe)
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Packet Pg. 356 Attachment: Plat Map (9224 : Final Acceptance - Tuscany Pointe)