Agenda 12/10/2019 Item #16A12 (Resolution - McCarty Subdivision)12/10/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of McCarty Subdivision, Application Number AR-3700 and
PL20120001712, 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, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On December 21, 2005, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in McCarty Subdivision.
2) The roadway and drainage improvements will be maintained by the McCarty Subdivision
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 McCarty
Subdivision Property Owners Association. The existing security in the amount of $10,000 will be
released upon Board approval. The original security in the amount of $50,000 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 May 6, 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
McCarty Subdivision, Application Number AR-3700 and PL20120001712, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements, and acceptance of the plat dedications.
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. Resolution (PDF)
3. Plat Map (PDF)
4. Bond Basis (PDF)
16.A.12
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12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 10657
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of McCarty Subdivision, Application Number AR-
3700 and PL20120001712, and authorize the release of the maintenance security.
Meeting Date: 12/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/24/2019 9:23 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/24/2019 9:23 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 10/24/2019 9:52 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/24/2019 2:26 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/29/2019 3:39 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/30/2019 12:57 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/04/2019 11:26 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/06/2019 3:22 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/08/2019 9:07 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:17 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/15/2019 10:00 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2019 5:02 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 8:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 8:42 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 9:42 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/26/2019 10:09 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.A.12
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MCCARTY SUBDIVISION
LOCATION MAP
16.A.12.a
Packet Pg. 1663 Attachment: Location Map (10657 : Final Acceptance - McCarty Subdivision)
16.A.12.b
Packet Pg. 1664 Attachment: Resolution (10657 : Final Acceptance - McCarty Subdivision)
16.A.12.b
Packet Pg. 1665 Attachment: Resolution (10657 : Final Acceptance - McCarty Subdivision)
16.A.12.c
Packet Pg. 1666 Attachment: Plat Map (10657 : Final Acceptance - McCarty Subdivision)
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
I.MPROVEMENTS
TIDS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDMSION IMPROVEMENTS entered into this _£_ day of J½tfl • -49-2co �{
between '5n?PtlfrtY h cC�ereinafter 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 AgJeement, applied
for the approval by the Board of a certain plat of a subdivision to be known as:McCarty
Subdivision
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 inc.oxporated 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:Roadway construction,
stormwate.-management, and landscape/irrigation improvements.
within _ 18_ months from the date of approval said subdivision plat,
said improvements hereinafter referred to as the requued
improvements.
2.Developer herewith tenders its subdivision pcrfonnancc security
(attached hereto as Exhibit "A" and by reference made a part hereof) in
the amount of SS0.000 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
performanc� 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.12.d
Packet Pg. 1667 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
5.The Development Services Director 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 refusal to approve
improvements, therewith specifying those conditions which the
developer must fulfill in order to obtain the Director's approval of the
improvements. However, in no event shall the Development Services
Director 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 after preliminary approval by the
Development Services Director. After the one year maintenance
period by the Developer has terminated, the Developer shall petition
the Development Services Director to inspect the required
improvements. The Development Services Director or his designee
shall inspect the improvements and, if found to be 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
the subdivisjon performance security. The Developer's responsibility
for mai ntenance 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 ofthis Agreement and once within
every six (6) months thereafter the Developer may request the
Development Services Director to reduce the dollar amount of the
subdivision performance security on the basis of wotk complete, Each
request for a reduction in the dollar amount of the subdivision
perfonnance 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 Development Services
Director. The Development Services Director 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
Administrator may call upon the subdivision perfonnance security to
secure satisfactory completion, repair and maintenance of the requiredimprovements. 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
16.A.12.d
Packet Pg. 1668 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
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 Developer have caused this
Agreement to be e:x.ecuted by their �uly authorized representatives this � day of/½A-7 ¼9---. 2 oO Lj-
SIGNED, SEALED AND DELIVERED IN Du;,;£-�eveloper Name)
THE PRESENCE OF:
��/ � By:1-�c-f-= �
\/LA.})1':>{Av fus?£L $�� h�C�,l Printed or Typed NamePrinted or Typed g;
I, BER, N !tR.:D
Printed or Typed Name
Title
BOARD OF COUNTY
COMMISSIONE OF COLLIER
COUNTY,FL A
16.A.12.d
Packet Pg. 1669 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
AR-3700 McCARTY SUBDIVISION
5-May-03
SUMMARY
ITEM TOTAL
EARTHWORK/LANDSCAPING/MISCELLANEOUS 19,250.00
i
STORM SEWER 1,500.00
PAVING 23,592.20
44,342.20
p (6
Prepared by:
Beau Keene, P. E.
FI. Reg. No. 46831
1199 First Avenue South
Naples, FL 34102
tom vim ,,
16.A.12.d
Packet Pg. 1670 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
EARTHWORK/LANDSCAPING/MISCELLANEOUS
ITEM QUANTITY UNIT COST TOTAL
EROSION CONTROL 1 LS $ 1,500.00 1,500.00
CLEARING & GRUBBING 1 LS $ 3,000.00 3,000.00
REQUIRED LANDSCAPING/IRRIGATION 1 LS $ 5,000.00 5,000.00
SWALE GRADING 1 LS $ 6,000.00 6,000.00
SURVEYING - STAKEOUT& SET PRM'S 1 LS $ 3,000.00 3,000.00
ENGINEERING INSPECTION/CERTS 1 LS $ 750.00 750.00
19,250.00
16.A.12.d
Packet Pg. 1671 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
STORM SEWER
ITEM QUANTITY UNIT COST TOTAL
18" CMP 28 LF $ 25.00 700.00
18" MES 2 EA $ 400.00 800.00
1,500.00
16.A.12.d
Packet Pg. 1672 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
PAVING
ITEM QUANTITY UNIT COST TOTAL
1-1/2"ASPHALTIC CONCRETE 1,920 SY $ 3.85 7,392.00
6" LIMEROCK BASE 2,033 SY $ 5.40 10,978.20
12"STABILIZED SUBGRADE 2,361 SY $ 2.00 4,722.00
SIGNAGE &STRIPING 1 LS $ 500.00 500.00
23,592.20
16.A.12.d
Packet Pg. 1673 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
Official Receipt -Collier County Board of County Commissioners
CDPR1103 -Official Recei t
Trans Number Post Date Pa ment Sli Nbr
506456 8/26/2004
Appl Name: KEENE ENGi 'EERING CONSULTANTS, INC.
Appl Stage/Status: RELEA E STAGE/RELEASED
Address: BEAU KEENE, P., . 1199 FIRST AVE SOUTH NAPLES FL 34102
Proj Name: MCCARTY SU DIVISION
Type: RSF TAZ: 68.1/6
Subdiv Nbr: 723
Project Nbr: 2003020001
Payor : STEPHEN MCCAR
Fee Information
Fee Code Descri tion GL Account
AR 3700
12BOND DEPOSITS-C MM DEV CASH BOND 67000000022011300000
Payments
Pa ment Code
CHECK
Memo:
Total
Total Cash
Total Non-Cash
Total Paid
Amount Waived
$50000.00
$50000.00
Amount
$50000.00
$0.00
$50000.00
$50000.00 I
Cashier/location: MCCAULEYKATY / 1
Collier County Board of Co nty Commissioners
CD-Plus for Windows 95/N
User: EATON_S
Printed:8/26/2004 2:55:53 PM
16.A.12.d
Packet Pg. 1674 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECTION
TO: Connie Murray, Operations Manager
FROM: John Houldsworth, Senior Engineer
DATE: October 29, 2019
RE: McCarty Subdivision
_____________________________________________________________________
On August 26, 2004 the developer posted a cash bond in the amount of $50,000.00 as
security for subdivision improvements. A copy of the receipt is provided for your
information. The developer has completed a majority of the work required.
Please have a check in the amount of $40,000.00 (leaving $10,000.00 as security) issued
back to :
Mr. Stephen McCarty
1817 Kolff Street
Newport, MN. 55055
Authorized signature:
___________________
Thomas E. Kuck, P.E., Engineering Review Director
Sent 8/16/05
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Packet Pg. 1675 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)