Agenda 10/13/2020 Item #16A 9 (Resolution - Final Plat Winding Cypress Phase 2C)10/13/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, and acceptance of the plat dedications, for the final plat of Winding Cypress Phase
2C, Application Number PL20150002037; and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On May 23, 2016, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Winding Cypress Phase 2C.
2) The roadway and drainage improvements will be maintained by the project's 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 August 18,
2020, and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared by staff 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 resolution is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of $266,539.03 will be released upon Board
approval. The original security in the amount of $2,525,584.08 has been decreased to the current amount
of $266,539.03 based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated December 21, 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. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Winding Cypress Phase 2C Application Number PL20150002037, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and plat dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
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10/13/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 13401
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Winding
Cypress Phase 2C, Application Number PL20150002037; and authorize the release of the maintenance
security.
Meeting Date: 10/13/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/27/2020 1:55 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
08/27/2020 1:55 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/27/2020 2:04 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 08/31/2020 11:56 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/08/2020 7:54 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/10/2020 9:24 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/10/2020 11:26 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/11/2020 9:29 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/11/2020 4:13 PM
County Attorney's Office Derek Perry Level 2 Attorney Review Completed 09/14/2020 10:22 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/16/2020 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2020 9:37 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/16/2020 10:38 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/17/2020 7:47 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/05/2020 10:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
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WINDING CYPRESS – PHASE 2C
LOCATION MAP
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Packet Pg. 613 Attachment: Location Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND
entered into this Zl ';(day of f,)L 20 /:: between
MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
o,vosr. H.mes Lp hereinafter referred tO aS ,'DeVelO per," a the Board of County Commissioners of Collier
RECITALS
Developer has, simulta
Board of certain plat of
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, waler & sewer lmprovements
neously with the delivery of this Agreement, applied for the approval by the
a SUbdiViSiOn tO be knOWn aS. wndins cypress phase zc
months from the date of approval said subdivision plat, said improvements
as the required improvements.
within 1E
hereinafter referred to
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereo0 in the amount of $l.01316rlg__- which amount represents 10% of
the total conlract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
3. ln 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.
The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notifo 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 constrr]cted and
submitted for approval in accordance with the requirements of this Agreement.
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 refiected byfinal approval by the Board, the Board shall release the remaining 10% of the subdivisionperformance 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.
o
County, Florida, hereinafter referred to as the "Board.
16.A.9.b
Packet Pg. 614 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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 proiect 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. ln the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, 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 constructedor 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 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.
lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executgd by
their duly authorized representatives this 2 .l 9{ day ol PLL? 14 L4 E t&,, , 20_!E_
SIGNED IN THE PRESENCE OF
.)
an?+F*\ / /(N
t{- t *I |fr. tL L'-l tIAct S (:H
nl Printed Name/Titl" \-/
(President, VP, orCEO) r,ir rt\r ) i\11^ ,{-tL,ir, (tLv^.al'Hr:*-(Provide Proper Evidence of Authority)
Printed Name \J '"' -l\ ?. r, r,, f.r*rr
ATTEST:
DWIGHT E. BROC TtlT',, (a ,.:'^
BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLORIOA
clsrk Attes dr
Approved is tqlgnd TIM NANCE. CHAIRMAN
By
,. \)
' Scott A Stone. Assistant County Attorney
Printed Name
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Packet Pg. 615 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 616 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 617 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 618 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 619 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 620 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 621 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 622 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 623 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 624 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 625 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 626 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
July 8, 2016
Mr. Jeremy Polk
RLI Insurance Company
8950 S. 52nd St., Ste. 209
Tempe, AZ. 85284
RE: Bond No. CMS281972 / DiVosta Homes, LP
Winding Cypress Phase 2C PL20150002037
Dear Mr. Polk:
Please be advised that based on the work completed to date, the referenced Performance Security may be
reduced by $2,259,045.05, leaving an available security of $266,539.03.
An original Bond Rider reducing the value of the Performance Bond 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 of any further assistance to you in this regard, please let me know.
Sincerely,
John Houldsworth
John H Houldsworth
Senior Site Plans Reviewer
‘with authority in these matters’
Cc: J.R. Evans Engineering
16.A.9.b
Packet Pg. 627 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
Decrease RIDER
BOND NO. CMS28I972
To be attached and form a part of Bond No. CMS281972 dated the 8th day of December, 20.L5,,
executed by RLI Insurance Comoanv as surety, on behalf of DiVosta Homes. LP as current
principal of record, and in favor of Q!!!q..1@!y, as Obligee, and in the amount of Two Million
Five Hundred Twentv Five Thousand Five Hundred Eightv Four Dollars and 08/100
G2825.s84.08).
In consideration ofthe agreed premium charged for this bond, it is understood and agreed that
RLI Insurance Companv hereby consents that effective from the 8th day of [!y, {![, said bond
shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Two Million Five Hundred Twentv Five Thousand Five Hundred Eishtv Four Dollars and
08/1 00 ($2.525.s84.08)
TO: Two Hundred Sixtv Six Thousand Five Hundred Thirtv Nine Dollars and 03/100
G266839.0O
The Decrease of said bond penalty shall be effective as of the 8th day of [!y, !Q![, and does
hereby agree that the continuity ofprotection under said bond subject to changes in penalty shall
not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not
exceed the amount 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 llth day ofJuly,2016.
RLI Insurance Companv
SURETY
BY
Jessica Hollaender, ATTORN EY-l\-FACT
THE ABOVE BOND IS HEREBY AGREED TO An-D ACCEPTtrD BY:
Collier Countv
OBLIGEE
BYr
TITLE
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Packet Pg. 628 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
RLI"RLI Surety
9025 N. Lindbergh Dr. I Peoria, IL 61615
Phone: (800)645 -2402 | F ax: (309)689-2036
www.rlicorp.com
POWEROFATTORNEY
RLI Insurance Company
Know All Men by These Presents:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint
.Iessica Hollaender .Ieremv Polk iointlv or severellv
in the Citv of Phoenix State of A its true and lawful Agent and Attomey in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00).
The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected offrcers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company, and now in force to-wit:
"Al1 bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its
corporate seal affixed this 16th day of December , 2015
RLI Insurance Company
Vice President with its
6onPoir;"
E By 6l a-rs Barton W. Davis
/r.
Vice President
Vice President
State of Illinois
County ofPeoria )SS
9l ltir l6th. day of December , 2015 , before me, a Notary
Public, personally appeared Barton W. Davis , who being by me duly
swom, acknowledged that he signed the above Power of Attorney as ttre
aforesaid officer of the RLI Insurance Company and acknowledged said
instrument to be the voluntary act and deed of said corporation.
CERTIFICATE
I, the undersigned officer of RLI Insurance Company, a stock
corporation of the State of Illinois, do hereby certifz that the attached
Power of Attorney is in full force and effect and is irrevocable; and
furthermore, that the Resolution of the Company as set forth in the
Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Companythis 11 day6f ;uIv , ZOLO . - -
Notary Public RLI Insurance CompanyM. Bockler
PUEL]C
coMMtsstoN ExPtREs 01/1{,/18
"OFFICIAL SEAL"
JACQUETINE M. BOCKLTR
By:
0250773020212
By:
Barton W. Davis
A0058s I 4
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Packet Pg. 629 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 630 Attachment: Resolution (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 631 Attachment: Resolution (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 632 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 633 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 634 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 635 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 636 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 637 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)
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Packet Pg. 638 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)