Agenda 01/14/2020 Item #16A 5 (Resolution - Maple Ridge@Ave Maria Phase 3 Improvements)01/14/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Maple Ridge at Ave Maria Phase 3, Application Number
PL20140000067, 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 June 10, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Maple Ridge at Ave Maria Phase 3.
2) The roadway and drainage improvements will be maintained by Maple Ridge at Ave Maria
Homeowners Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on December 3,
2019 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 Maple Ridge at
Ave Maria Homeowners Association. The existing security in the amount of $385,598.76 will be released
upon Board approval. The original security in the amount of $3,615,113.74 has been reduced to the
current amount based on the previous work performed and completed pursuant to the terms of the
Construction and Maintenance Agreement dated June 14, 2014.
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
Maple Ridge at Ave Maria Phase 3, Application Number PL20140000067, 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)
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01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 11082
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Maple Ridge at Ave Maria Phase 3, Application
Number PL20140000067, and authorize the release of the maintenance security.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/10/2019 8:34 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/10/2019 8:34 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 12/10/2019 9:05 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/10/2019 1:21 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/10/2019 4:21 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/12/2019 10:15 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/16/2019 12:43 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/16/2019 6:31 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/17/2019 7:22 AM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 8:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2019 5:03 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 8:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:08 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 4:40 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/31/2019 7:50 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 10:24 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
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MAPLE RIDGE AT AVE MARIA PHASE 3
LOCATION MAP
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Packet Pg. 547 Attachment: Location Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this l./t TH day of ____ / J iH-1'�----· 20 14 between
cc Ave Mana LLC 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 certain plat of a subdivision to be known as: Maple Ridge at Ave Mana Phase 3
B.Chapter 4 and 10 of the Collier County Land Development Code required 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:Roadway, drainage. water & sewer Improvements
within twe1ve(12J 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$ 351s.11314 -which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated 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 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 refusal 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.
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 to be still in compliance with the Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the subdivision
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.
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Packet Pg. 548 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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 to reduce 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 subdivision performance 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 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, uponcertification 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 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, thefinal total cost to the Board thereof, including, but not limited to, engineering, legal and 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 executed by
their duly authorized representatives this :?« 4 r It day of ___ I JU MI=:;./ ____ , 20_14 __ •
SIGNED IN THE PRESENCE OF:
I a\ieme M. 'Webb
aria, LLC
David B. Genson, Vice President
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Approved as to form and legality: TOM HENNING. CHAIRMAN
Scott A Stone
Assistant County Attorney
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Packet Pg. 549 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 550 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 551 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 552 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 553 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 554 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 555 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
PERFORMANCE BOND
No.105870803
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
135 San Lorenzo Avenue, Suite 750
Coral Gables, Florida 33146
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
(800)873-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Three million six hundred fifteen thousand one
hundred thirteen dollars and 74 cents Dollars ($3,615,113.74) 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 presents. Owner and Surety
are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain subdivision plat named Maple Ridge at Ave Maria Phase 3 and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances and
Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence
on the date this Bond is executed and shall continue until the date of final acceptance by the Board of
County Commissioners of the specific 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
accordance 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 costs 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 be 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, extension 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 spec ific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal 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 modification of any character whatsoever.
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Packet Pg. 556 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 557 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 558 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 559 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
CronnW
Gro,vth Managernent Departnent
Development Revievr Divbion
September 2l , 201 5
Ms. Charity Strassel, Attomey-in-Fact
Travelers Casualty and Surety Company of America
One Tower 3PB
Hartford. CT. 06813
RE: Your Performance Bond No. 105870803 / CC Ave Maria LLC
Maple Ridge at Ave Maria Phase 3
Please be advised that based on the work completed to date and the associated inspections which have been
conducted, the subject Performance Security may now be reduced by $2,822,125.80, leaving an available
balance of $792,987.94. An original Bond Rider should be directed to this oflice, "all other terms and
conditions oforiginal Performance Bond to remain in full force and effect".
If I can be ofany further assistance to you in this regard. please let me know.
Sincerely,
lo$N HOUUTS|UOR|H
John R Houldsworth
Senior Site Plans Reviewer
With authority in these matters
CC: Engineer of Record
Project File
Jack McKenn4 PE, County Engineer
itJ
/ts
oevdoF€rt blrytlr.an.2dn Ndtl Holesi@ Dn e. th*r, ha3104.239252-24& . wrlr.colslo/Id
Dear Ms. Strassel:
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Packet Pg. 560 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
RIDER
BOND NO. 105870803
To be afirched and lom a psrt of Bond No. t 05870803 dated fie 2lh dty o/ JuU, 2014 , Lrecuted b!
Tmvelers altv and Surctv Comosnv of Americo as su rcU, ofl behalf of ltvluia l,L lts
cufient principol of rccotd, tnd in lavot ol Colliet Counnt, as Obligee, and in llrc omounl of
$2.822.125.80
In consideration ofthe agreed premium charged for this bond, it is understood and ag.reed that
Trsvelers Ctsualfi snd Su Comoanv of America hereby consents that said bond shall be
amended as follows:
REDUCED FROM $2,822,125.80 TO 5792,987.94
Now, Ther€fore it is agreed that the following language is to be incorporated into the above
mentioned bond:
The change of s aid bond shall be effectiv e as ofthe 2lsr dav ofSeD lenlber.20l and does hereby
agree thal the continuity of protection urder said bond subject to changes in penalty shall not be
impaired hereby, proyided that the aggregate liability of the aboYe mentioned bond shall not
exceed the a mount of liability assumed by it at the time the act and/or acts of default were
committed and in no event shall such liability be cumulative.
Signed, sealed and dated this 5'h day ofOctober.20l5
c and an of America SURETY
B\':
Charity A. luoser , ATTORNI\IN-rACT_ _.
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Packet Pg. 561 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
*fuC-ovmW
Gro,vth Management Department
Development Review Divbion
October 22, 2018
Ms. Charity Strassel, Attomey-in-Fact
Travelers Casualty and Surety Company of America
One Tower 3PB
Hartford, CT. 06813
RE: Your Performance Bond No. 105870803 / CC Ave Maria LLC
Maple Ridge at Ave Maria Phase 3
Dear Ms. Strassel:
Please be advised that based on the work completed to date and the associated inspections which have been
conducted, the subject Performance Security may now be reduced by $407,389.18, leaving an available
balance of $385,598.76. The remaining security includes $119,339.14 as the required 100% maintenance
security, plus $266,259.62 in uncompleted improvements. An original Bond Rider should be directed to
this office, "all other terms and conditions of original Performance Bond to remain in full force and effect".
If I can be ofany further assistance to you in this regard, please let me know.
Sincerely,
loHN HOAIDSIUORIH
John R Houldsworth
Senior Site Plans Reviewer
With authority in these matters
CC: Engineer of Record
Project File
Jack McKenna, PE, County Engineer
DsdoFnst Rsiew th,isbn . Em tkfi Hnsedle DilE . t*s, Faih 34j04 . 23gZS2-2/m . w#*.cokrgovrd
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Packet Pg. 562 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 565 Attachment: Bond Basis (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 566 Attachment: Resolution (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 567 Attachment: Resolution (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 568 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 569 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 570 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 571 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 572 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 573 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 574 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 575 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)
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Packet Pg. 576 Attachment: Plat Map (11082 : Final Acceptance - Maple Ridge at Ave Maria Phase 3)