Agenda 11/12/2019 Item #16A 4 (Final Plat for Pebblebrooke)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Pebblebrooke Commercial Phase IV, Application Number AR-
5145, 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 May 3, 1999, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Pebblebrooke Commercial Phase IV.
2) The roadway and drainage improvements will be maintained by the Pebblebrooke Commercial
Phase IV Property Owners 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 Pebblebrooke
Commercial Phase IV Property Owners Association. The existing security in the amount of $440,587.64
will be released upon Board approval and it is based on the work performed and completed and pursuant
to the terms of the Construction and Maintenance Agreement dated October, 2004.
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
Pebblebrooke Commercial Phase IV, Application Number AR-5145, 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, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.4
Packet Pg. 440
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 10297
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Pebblebrooke Commercial Phase IV,
Application Number AR-5145, and authorize the release of the maintenance security.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/24/2019 2:51 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/24/2019 2:51 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/24/2019 3:59 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/25/2019 6:09 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/25/2019 5:11 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/27/2019 12:58 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/30/2019 1:07 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/30/2019 4:44 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/01/2019 8:49 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/03/2019 3:15 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/04/2019 4:39 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:18 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/22/2019 2:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:30 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 3:13 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 8:43 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.4
Packet Pg. 441
PEBBLEBROOKE COMMERCIAL PHASE IV
LOCATION MAP
16.A.4.a
Packet Pg. 442 Attachment: Location Map (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this i.Jfh day of /Jc/�, 20 09-between DAD
Development Corporation 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
the Board of a certain plat of a subdivision to be known as: Pebblebrooke Commercial Phase
IV
B.Division 3.2 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: common area parking, roadways, utilities & storm
water drainage within 18 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 $440,587.64 which amount represents 10%
of the total contract cost to complete construction plus 100% of the estimate cost 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 Development Services Director for compliance with the Collier
County Land Development Code.
16.A.4.b
Packet Pg. 443 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.b
Packet Pg. 444 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.b
Packet Pg. 445 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(hereinatier referred to as "Owner") and
DAD DEVELOPMENT CORP.
6635 WILLOW PARK DRIVE
NAPLES. FLORIDA 34109
FIDELITY & DEPOSIT COMPANY OF MARYLAND
P. 0. BOX 1227
BALTIMORE. MD 21203
BOND NO. PRFl}87J5<>-U
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County. florida. (hereinafier referred to as
"County") in the total aggregate sum of four hundred forty thousand five hundred eighty seven and 64/100 Dollars
($4�0,587.64) 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 pre�cnb.
Owner and Surety are used for singular or plural. as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas. DAD DEVELOPMENT CORP .. the Owner. has
submitted for approval hy the Board a certain subdivision plat named Pebblebrookc Comm. Phase IV and that ccnain
subdivision shall include specific improvements which are required by Collier County Ordinances and Kesolutions
(hereinatier "Land Development Regulations"). This obligation of the Surety shall commence on the date this Rond is
executed and shall continue until the date of final acceptance by the Board of County Commissioners of the �pecilic
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 accorJance 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 c0sts 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 he 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. �xtensiun
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 automaticall) and
immediately. without fom1al and separate amendments hereto, so as to bind the 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 modilirntion
of any character whatsoever.
to he executed this 6th day of
'1 tness -.:l..-v S·ud .J e t".')
16.A.4.b
Packet Pg. 446 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.b
Packet Pg. 447 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.b
Packet Pg. 448 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.b
Packet Pg. 449 Attachment: Bond Basis (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.c
Packet Pg. 450 Attachment: Resolution (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.c
Packet Pg. 451 Attachment: Resolution (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.d
Packet Pg. 452 Attachment: Plat Map (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)
16.A.4.d
Packet Pg. 453 Attachment: Plat Map (10297 : Final Acceptance - Pebblebrooke Commercial Phase IV)