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Agenda 11/10/2020 Item #16A 2 (Resolution - Final acceptance)16.A.2 11/10/2020 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Parklands - Plat One, Application Number PL20140001253, 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 8, 2016, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Parklands - Plat One. 2) The roadway and drainage improvements will be maintained by Parklands Homeowners Association, Inc. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on October 5, 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 document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by Parklands Homeowners Association, Inc. The existing security in the amount of $652,587.38 will be released upon Board approval. The original security in the amount of $4,903,155.13 has been reduced to the current amount of $652,587.38 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated March 24, 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 Parklands - Plat One, Application Number PL20140001253, 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) Packet Pg. 855 16.A.2 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doe ID: 13805 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Parklands — Plat One, Application Number PL20140001253, and authorize the release of the maintenance security. Meeting Date: 11/10/2020 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 10/05/2020 3:00 PM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 10/05/2020 3:00 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Growth Management Development Review Chris Scott Growth Management Development Review Brett Rosenblum Growth Management Department Judy Puig Level 1 Reviewer Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Matthew McLean Additional Reviewer Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review County Attorney's Office Derek Perry Level 2 Attorney Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Completed 10/07/2020 8:43 AM Completed 10/12/2020 10:30 AM Completed 10/12/2020 10:42 AM Completed 10/12/2020 1:20 PM Completed 10/12/2020 4:41 PM Completed 10/15/2020 2:27 PM Completed 10/15/2020 4:08 PM Completed 10/16/2020 11:30 AM Completed 10/16/2020 2:17 PM Completed 11/02/2020 9:43 AM 11/10/2020 9:00 AM Packet Pg. 856 16.A.2.a PARKLANDS PLAT ONE 11 41 5R_ LEA COl3NTY SITE COLLIER COUNTY � y 75 W _ m= C.R. 888 4 O ZL L O J a o IMMOKALEE ROAC C.R_ 846 � m w � o IL H � t O 0. L Lsl Q O O <_ry LOCATION MAP Q Packet Pg. 857 16.A.2.b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 24 TM day of PAAkC$ 2015 between Parklands Associates I, LLLP., a Florida limited liability company, 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: Parklands plat. Or*, B. 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 water, sewer, paving and drainage improvements within 12 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 $4,903, l 55.13 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. Packet Pg. 858 16.A.2.b 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 required 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 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. 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, 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 required herein. The Developer, as principal under the subdivision perfonnance 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. Packet Pg. 859 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this. yH_ day of MAj%C.H_, 2015. SIGNED IN THE PRESENCE OF: Printed name: Printed name:i DWI T l . BRO ,CLERK elpvp'u—ty'aik as to unairman S Assistant County Attorney Scott A. Stone PARKLANDS SSOCIATES I, LLLP. 1A By:_ 111-V�.. Name: _�PNU'Ike\ Title: BOARD OF COUNTY COMMISSIONERS OF COL �T , FLORIDA By: Ge_ TIM NANCE, CHAIRMAN r a Packet Pg. 860 A 16.A.2.b COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 964119236 KNOW ALL PERSONS BY THESE PRESENTS: that Parklands Associates I, LLLP 1600 Sawgrass Corporate Parkway, 41h Floor Sunrise, FL 33323 (hereinafter referred to as "Owner") and LIBERTY MUTUAL INSURANCE COMPANY 9850 NW 41" Street, Suite 100 Miami, FL 33178 (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 Four Million Nine Hundred Three Thousand One Hundred Fifty Five and 131100 Dollars ($4,903,155.13) 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 Parklands Plat One 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 specific 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to he executed this 25th day of February, 2015. Packet Pg. 861 Owner 16.A.2. b Attest: Pau Corban, Corporate Secretary State of Florida County of Broward Parklands Associates I, LLLP by: Parklands Genpar Corporation, its General Partner (Corporate Sea[) BJ N. Man enen ez, ice President I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared N. Maria Menendez, Vice President of Parklands Genpar Corporation, to me known to be described in and who executed the foregoing instrument and acknowledged to and before me that they executed the same. Witness my hand and official seal in the county and state last aforesaid this 25th day of February, 2015 My commission expires Surety KATHLEEN M. COFFMAN MY COMMISSION k EE W499 EXPIRES: March 18, 2017 Bonded Tbru Notary Public Unde Nnters Attest: Liberty Mutual Insurance Company (Corporate Seal) As Per Attached Power of Attorney B _ _ D.A. Belis, Attorney -In -Fact and on esideut Agent State of Florida County of Miami -Dade Before me this day personally appeared D.A. Belis, Attorney -In -Fact for Liberty Mutual Insurance Company, who, being duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and accuracy of the statements in the foregoing instrument. Witness my hand and official seal in the county and state last aforesaid this 25th day of February, 2015. __�4f'= C��-- otary Public, State of Florida spa a i% �rrp� N. Elif /clan �^MM�S,51G�1#EEI26431 My commission expires + a ' ; ExP ;ES: AUG. 30,2015 �,,,,,,,•Nv�•�r A;�NNoTARt:0000 Packet Pg. 862 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 16.A.2.b This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No, 6583236 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, _Q. A. Belis all of the city of -Miami , state of -FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this_2Qih_ day of _May 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West erican Insurance Company By: STATE OF PENNSYLVANIA ss David M. Care , Assistant Secretary COUNTY OF MONTGOMERY On this-2oth_day of_May 2014_, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. By:�y�d/� Teresa Pastella , Notary Public This Power ofAttomey is made and executed pursuant to and by iuthonty of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS— Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of At!orney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this A5� day of r , 20 6 . By: Gregory W. Davenport, Assistant Secretary LMS_12873_122013 Packet Pg. 863 k..�O)IlJer C014fttY Growth Management Department Development Review Division July 18, 2016 Liberty Mutual Insurance Company 9850 NW 41 st St., Ste. 100 Miami, FL 33178 RE: Performance Bond No. 964119236 / Parklands Associates 1, LLLP Parklands Plat One Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $4,250,567.75, leaving an available surety of $652,587.38. The remaining surety represents $235,022.18 in uncompleted improvements, plus the 10% maintenance security of $417,565.20. An original Bond Rider should be submitted to this office reducing the value of the security, "all other terms and conditions of the 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, JOMN MOAMSWORIM T John R. Houldsworth Senior Site Plans Reviewer ca0 With authority in these matters E U M Cc: William Fenno, PE Davdopnot Review Division -28M Not Horseshoe Dfi%m- Maples, Horida34104-23IQ52-2400 -wm=hxWvBret I Packet Pg. 864 1 Liberty Interchange Corporate Center 450 Plymouth Road, Suite 400 mutual.Plymouth Meeting, PA 19462-1644 Ph. (610) 832-8240 INCREASE / DECREASE RIDER Rider to be attached to and form a part of Bond Number 964119236 dated the 24th day of February , 2015 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as Surety (the "Surety"), on behalf of Parklands Associates I LLLP favor of Collier County, FL as principal (the "Principal"), in as obligee (the "Obligee"). It is understood and agreed that the penal sum of the attached bond is hereby de_.e_sed _ (increased/decreased) from Four Million Nine Hundred Three Thousand One Hundred Fifty Five &13/100 ($4,903,155.13 ) Dollars, to Six Hundred Fifty Two Thousand Five Hundred Eighty Seven & 38/100 ($652,5838 ) Dollars. This change is effective the 1 --day of J , 2016 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. DATED as of this 18th day of July 2016 WITNESS/ATTEST: ACCEPTED: By: Date: LMIC-3010 Parklands Associates I, LLLP by: Parklands Genpar Corporation, its General Partner (Princi By G (Seal) NNW Title LIB`ERT TLJAL I LIRA OM A11f (Surety) By, {Seal) Att-in-Fact: D.A. Belis Rev,03/04 Pack 16.A.2.c RESOLUTION NO.20- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN PARKLANDS — PLAT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 58, PAGES 37 THROUGH 66, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 24, 2015, approved the plat of Parklands — Plat One for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Parklands — Plat One, pursuant to the plat thereof recorded in Plat Book 58, pages 37 through 66, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Parklands — Plat One will be maintained privately in the future and will not be the responsibility of Collier County. Page 1 of 2 Packet Pg. 866 16.A.2. c This Resolution adopted after motion, second and majority vote favoring same, this day of 92020. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney Burt L. 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