Agenda 03/11/2008 Item #16A 4
,^,genda Item No. 16A4
March 11, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bradford Lakes (Cypress
Woods PUD) with the roadway and drainage improvements being privately
maintained.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Bradford Lakes.
CONSIDERATIONS:
1. On March 3, 2005, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
Bradford Lakes.
2. The roadway and drainage improvements are currently being maintained
by the project's homeowners association which assumed responsibility for
the subdivision improvements in 2006.
3. On March 5, 2004 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.
4. The developer's attorney has provided a letter stating his opinion that a
letter from the Homeowner's Association is not a requirement of the
Construction and Maintenance Agreement or the Land Development
Code. A copy of this letter is attached.
5. 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.
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.
Agenda Item No, 16A4
March 11, 2008
Page 2 of 7
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.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution for legal
sufficiency.
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in Bradford Lakes and release the maintenance
secu rity.
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 of 2
Agenda Item rjo. 16A4
March 11, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A4
Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Bradford Lakes (Cypress Woods PUD) with the roadway and drainage
improvements being privately maintained.
3/11/20089:0000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
2/13/200B 2:41:30 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
2114/20089:39 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
2/26/200812:28 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2127I200B B:09 PM
Approved By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
Zoning & Land Development Review
2/28/2008 B:25 AM
A pproved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
2/28/2008 1 :02 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Date
Information Technology
2/29/200B 7:29 AM
Approved By
Mark Isackson
County Manager's Ofiice
Budget Analyst
Date
Office or Management & Budget
2/29i200B 8:44 AM
Approved By
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Page 2 of2
Agenda Item No. 16A4
March 11, 2008
Page 4 of 7
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/3/2008 10:52 AM
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I____~ANDRESS II
A lEGAL PROFESSIONAL ASSOCIATION
/i,qenda ite:'n ~~o. 16A4
, March 11, 2008
Page 6 of 7
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bandcrson@ra1aw,com
February 11, 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-04l03
For Bradford Lakes fikJa Cypress Woods, U.S. Home COl1'oration
Deal Mr. Houldsworth:
This leller 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 of the
LOC.
My client received a fonn of a letter that the County is requesting be signed by the
property owners association, before the County will give fmal acceptance of the subdivision
improvements and release of the Lac. The temlS of the LaC do not allow the County as the
beneficiary to add new conditions such as a property owners association letter, that are not listed
on the face of the LaC. County Attorney David Weigel so advised thc 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.
Please place the final acceptance of the referenced subdivision improvements on the next
County Commission agenda. Should you have any questions, please advise.
Thank you.
Sincerely,
~':;s"v-e.- .-r\....~
R. Bruce Anderson
RBA/pb
cc: Russell R. Smith, LennarlU.S. Home COl1'oration (via e-mail and U.S. Mail)
Jeff Wright, Assistant County Attorney (via e-mail andU.S.Mail)
ClEvELAND TOlEDO AKRON COLUMBUS CINClNNATI WASHINGTON,D.C. TALLAHASSEE OR.lANDO fORTMYERS NAPLES
5476S0v_0l \ 111404.0007
www.ralaw.com
Agenda Item No. 16A4
March 11, 2008
Page 7 of 7
RESOLUTION NO. 08-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAlNAGE IMPROVEMENTS IN BRADFORD
LAKES, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 41, PAGES 12
THROUGH 13; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAlNAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
BRADFORD LAKES HOMEOWNERS'
ASSOCIATION,INC.
WHEREAS, the Board of COWlty Commissioners of Collier County, Florida, on
April 13, 2004 approved the plat of Bradford Lakes 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
V.,rHEREAS, the Developer is requesting final acceptance of the roadv.'RY and
drainage improvements and release of his maintenance security; and
\VHEREAS. 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 Bradford Lakes, pursuant to the
plat thereof recorded in Plat Book 41, pages 12 through 13, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
futw'e maintenance and other attendant costs for those roadway and drainage
improvements that are not required to be maintained by the Bradford Lakes
Homeowners' Association, Inc.
This Resolution adopted after motion, second and majority vote favoring same,
this _ day of , 2008.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Approved as to form and legal
sufficiency:
(;. '.-a
,..r~"-
JelTFt Wright
AskJtant Collier ComIty Attorney