Agenda 06/24/2008 Item #16A12
Agenda Item No. 16A12
June 24, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Cedar Hammock - Unit 2 with
the roadway and drainage improvements being privately maintained
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Cedar Hammock - Unit 2.
CONSIDERATIONS:
1. On May 5, 2001, the Board of County Commissioners granted preliminary
acceptance of the roadway and drainage improvements in Cedar
Hammock - Unit 2.
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 Engineering and Environmental Services
Department has inspected the improvements and is recommending final
acceptance of the improvements.
4. On August 15, 2000, the Board entered into a Construction and
Maintenance Agreement for Subdivision Improvements with the
developer. The developer has fulfilled his obligations with respect to the
Construction and Maintenance Agreement.
5. The developer has not been able to provide a letter from a homeowner
willing to accept responsibility for the improvements on behalf of the
property owners. A letter from developer's attorney is included.
6. A resolution for final acceptance has been prepared and approved by the
County Attorney's Office. A copy of the document is attached.
7. This PUD has been found to be in substantial compliance.
FISCAL IMPACT:
The roadway and drainage improvements will be maintained by the project's
homeowners association.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
Agenda Item No. 16A12
June 24, 2008
Page 2 of 7
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency. JW
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in Cedar Hammock - Unit 2 and release the
maintenance security.
1. Authorize the Chairman to execute the attached resolution authorizing
final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering and
Environmental Services Department
Item Number:
Item Summary:
Meeting Date:
Page 1 0[2
Agenda Item No. 16A12
June 24, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A12
Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Cedar Hammock Unit 2 with the roadway and drainage improvements
being privately maintained
6/24/2008 90000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
6/5/20088:30:42 AM
Approved By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
Approved By
Zoning & Land Development Review
6/9/2008 10:50 AM
William D. Lorenz, Jro, P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
619/2008 10:53 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
Date
Approved By
6/9/2008 12:37 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10/20087:44 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
6111120082:14 PM
Approved By
OMB Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
6/12/20082:53 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6/12/20086:26 PM
Approved By
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Page 2 0[2
Agenda Item No. 16A 12
June 24, 2008
Page 4 of 7
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/16/20084:47 PM
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Agenda Item No. 16A 12
June 24, 2008
Page 6 of 7
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FWRIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN CEDAR
HAMMOCK - UNIT 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
36, PAGES 5 THROUGH 8; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
CEDAR HAMMOCK GOLF & COUNTRY CLUB
HOMEOWNERS' ASSOCIATION
WHEREAS. the Board of County Commissioners of Collier County, Florida, on
August 1,2000 approved the plat of Cedar Hammock - Unit 2 for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and
drainage improvements in accordance with the approved plans and specifications as
required by the Land Development Code (Collier County Ordinance No. 04-41, as
amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and
drainage improvements and release of his maintenance security; and
WHEREAS, the Engineering and Environmental Services Section of the
Community Development Department has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Cedar Hammock ~ Unit 2,
pursuant to the plat thereof recorded in Plat Book 36, pages 5 through 8, and the Clerk is
hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Cedar Hammock Golf &
Country Club Homeowners' Association,
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of ,2008.
DATE:
ATI'EST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to form and legal
suffi ' ney:
A LEGAL PROFESSIONAL ASSOCIATION
Agenda Item No. 16A12
June 24, 2008
850 PARK SIIORE i:)aWge 7 of 7
TRIANON CENntt - THIRD FLUOR
NAPLES, FL 34103
239.649.2708 DIRECT
239.649.6200 MA"
239.261.3659 FAX
banderson@ralaw.com
IIIIIBII&)ANDRESS II
February 27,2008
VIA E-MAIL AND U.S. MAIL SERVICE
Mr. John R. Houldsworth
Collier County Community Development
and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: Release of Letter of Credit No. FGAC-99235
Cedar Hammock, U.S. Home Corporation
Dear Mr. Houldsworth:
This letter is to request the release and return of the above-referenced Letter of Credit
(LaC) and request final acceptance of the subdivision improvements which are the subject ofthe
Lac.
My client received a form of a lcttcr that the County is requesting be signed by the
propcrty owners association, before the County will give final acceptance of the subdivision
improvements and release of the Lac. The telms of the LOC do not allow the County as the
beneficiary to add new conditions such as a property owners association letter, that arc not listed
on the facc of the LOC. County Attorney David Weigel so advised the County Commission at
its November 27, 2007 meeting that the County could not refuse final acceptance of subdivision
improvements because of failure to provide a letter from the property owners association.
Plcase place the final acceptance of the referenced subdivision improvements on the next
County Commission agenda. Should you have any qucstions, piease advise.
Thank you.
Sincerely,
"':-,~ ~'~ /.",-,{.~;j:\-~.-&->~~--<;r---,-_
R. Bruce Anderson
RBAlca
cc: Russell R. Smith, LelmarlU.S. Home Corporation (via e-mail and U.S. Mail)
Jeff Wright, Assistant County Attorney (via e-mail and U.S. Mail)
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549275 v_Ol \ 111404.0007
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