Agenda 10/22/2019 Item #16A14 (Final Plat - TwinEagles Grand Arbors, Phase 2)10/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of TwinEagles Grand Arbors, Phase Two C Block 111, Application
Number PL20120001072, 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 November 23, 2015, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in TwinEagles Grand Arbors, Phase Two C Block 111.
2) The roadway and drainage improvements will be maintained by the TwinEagles 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.
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 TwinEagles
Homeowners Association. The existing security in the amount of $167,178.33 will be released upon
Board approval. The original security in the amount of $648,880.43 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 June 1, 2015.
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. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
TwinEagles Grand Arbors, Phase Two C Block 111, Application Number PL20120001072, and
authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
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)
16.A.14
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10/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 10176
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of TwinEagles Grand Arbors, Phase Two C Block
111, Application Number PL20120001072, and authorize the release of the maintenance security.
Meeting Date: 10/22/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/16/2019 11:43 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/16/2019 11:43 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/16/2019 12:31 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/16/2019 4:22 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/17/2019 6:04 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/17/2019 5:53 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/18/2019 9:55 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/19/2019 4:16 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/24/2019 8:41 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/24/2019 4:02 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/26/2019 4:10 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/27/2019 3:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2019 4:15 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/04/2019 9:07 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/04/2019 2:35 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/14/2019 11:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM
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TWINEAGLES GRAND ARBORS PHASE TWO C
BLOCK 111
LOCATION MAP
16.A.14.a
Packet Pg. 1446 Attachment: Location Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this l :tr day of •,! tfl.l·'-. , 2015 between TwinEagles Developments AGR,
LLC hereinafter r ferred to as.� eveloper," and the Board of County Commissioners of Collier County,
Florida, hereinafter referred to as the "Board.
A.
B.
RECITALS:
Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board of a certain plat of a subdivision to be known as: TwinEagles Grand Arbors
Phase Two C -Block 111
Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to
post appropriate 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:
1.Developer will cause to be constructed: paving, drainage, water and sewer
improvements within 24 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" and by reference made a part hereof) in the amount of $648,880.43 which
amount represents 10% of the total contract cost to complete construction plus 100%
of the estimate cost of to complete the required improvements at the date of this
Agreement.
3.In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier
County, may call upon the subdivision performance security to insure satisfactory
completion of the required improvements.
4.The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records
have been furnished to be reviewed and approved by the County Manager or his
designee for compliance with the Collier County Land Development Code.
5.The County Manager or his designee shall, within sixty (60) days of receipt of ·the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refu$al to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager'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.
16.A.14.b
Packet Pg. 1447 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
6.The Developer shall maintain all required improvements for a minimum period of one
year after preliminary 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 tobe still in compliance with the Collier County Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of thesubdivision performance security. The Developer's responsibility for maintenance of
the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
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 toreduce 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 subdivisionperformance 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 grantthe 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 thisAgreement, 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 requiredherein. 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 andcontingent 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 Developer have caused this Agreement to be executed by
their duly authorized representatives this [ '9' day of � 1tU e. , 2015.
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Packet Pg. 1448 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1449 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1450 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1451 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1452 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1453 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1454 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1455 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1456 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1457 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
W
Grurvth Management Department
Development Review Division
August 3,2016
Westchester Fire Insurance Company
11575 Great Oaks Way, Ste. 200
Alpharetta, GA.30022
Re: Bond No. K09019765 I TwinEagles Developments AGR, LLC
TwinEagles Grand Arbors Phase Two C - Block 111 - Subdivision Bond
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $481,702.10, leaving an available balance of $167,178.33.
The remaining balance represents $80,189.20 in uncompleted improvements, plus
$86,989.13 as the required 10% maintenance security which must remain in place until
final acceptance of the improvements is granted by the Board of Collier County
Commissioners.
An original Bond Rider should be directed to this office reducing the value of the Bond,
"all other terms and conditions of original Performance Bond to remain in full force and
effect".
If I can be of any further assistance to you in this regard, please let me know.
Sincerely
loAx Hou0dswottA
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
jrh
xc Clerk to the Board
Banks Engineering
Darebpnrt Review DMsfun'ECI Nffi Hosedroe Dive.lhfts, Hcrila 34104.239252-2400 . urww.mlrergovnd
16.A.14.b
Packet Pg. 1458 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
Westchester Fire I nsurance Company
Date 08/05/2016
Obligee Collier County, Florida
2800 N. Horseshoe Drive
Naples, FL 34104
Rider to be attached to and form a part of Bond Number K09019765 on behalf of TwinEagles DevelopmenE AGR, L.L.C.,
(Principal), and in iavor of Collier County, Florida 2800 N. Horseshoe Drive, (Obligee), executed by the Company
indicated above (Surety) in he amount of Six hundred Fourty Eight thousand Eight hundred Eighty dollars & fourty three
cents ($il8,880.43).
The above refurenced bond is amended as follows
This change is effeclive 08/0312016,
Nothing herein contained shall vary, alter or extend any provision or condition of the bond other above stated.
Signed, Sealed and dated this 08/052016.
Westchester Fire lnsurance Company
Surety
By
Accepted
*1"*( .l-1*tJ*,rr))rtL(,J
(Obligee)
Date:hl,q,l ttz
Processed: 08/05/2016
ACE Surety Underwriting Services
436 Walnut Street, WA10H
Philadelphia, PA't 91 06-3703
Item - Bond amount has changed to One hundred Sixty Seven thousand One hundred Seventy Eight dollars &
thirty three cents ($167,178.33)
16.A.14.b
Packet Pg. 1459 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
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Packet Pg. 1460 Attachment: Bond Basis (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1461 Attachment: Resolution (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1462 Attachment: Resolution (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1463 Attachment: Plat Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1464 Attachment: Plat Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1465 Attachment: Plat Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1466 Attachment: Plat Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)
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Packet Pg. 1467 Attachment: Plat Map (10176 : Final Acceptance - TwinEagles Grand Arbors, Phase Two C Block 111)