Agenda 06/22/2021 Item #16A 7 (Resolution - Final Plat Lagomar at Fiddler's Creek)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Lagomar at Fiddler’s Creek, Application Number
PL20130000866, 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 March 16, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Lagomar at Fiddler’s Creek.
2) The roadway and drainage improvements will be maintained by the Fiddler’s Creek Community
Development District 2, and FCC Veneta, LLC.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on May 10, 2021
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 Fiddler’s Creek
Community Development District 2, and FCC Veneta, LLC. The existing security in the amount of
$51,783.28 will be released upon Board approval. The original security in the amount of $569,616.08 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 January 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. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Lagomar at Fiddler’s Creek, Application Number PL20130000866, 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 Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.7
Packet Pg. 747
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 15978
Item Summary: Recommendation to approve a Resolution for final accept ance of the private
roadway and drainage improvements for the final plat of Lagomar at Fiddler’s Creek, Application
Number PL20130000866, and authorize the release of the maintenance security.
Meeting Date: 06/22/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/18/2021 2:39 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
05/18/2021 2:39 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/18/2021 3:05 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/19/2021 2:42 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/21/2021 10:47 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/21/2021 6:19 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/24/2021 9:03 AM
Growth Management Department Trinity Scott Transportation Skipped 05/18/2021 3:34 PM
Growth Management Department James C French Growth Management Completed 05/25/2021 9:34 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/25/2021 10:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/25/2021 10:32 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/26/2021 11:18 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/01/2021 8:59 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/10/2021 1:49 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.A.7
Packet Pg. 748
LAGOMAR AT FIDDLER’S CREEK
LOCATION MAP
16.A.7.a
Packet Pg. 749 Attachment: Location Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this \ q ,."' day of _____ / ____ / _Jq"l...)0.0 , 20 \ :\ between
Fcc veneta, 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: Lagomar at Fiddler's Crock
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: 'r\.\l. �S..Aa.n .. i!. :S:."�A\S.tt'<,within 24 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$ 569,616.os -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 co ntinue unless or until the Board accepts maintenanre responsibility for and by the County.
16.A.7.b
Packet Pg. 750 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.b
Packet Pg. 751 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
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Packet Pg. 752 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.b
Packet Pg. 753 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
■
Power of Attorney
WESTCHESTER FIRE INSURANCE COMPANY
Know 1ill nte1J by th1:1e presents: ihat WESTCHESTER FJRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the following �s:oluuon; adopted by the Board of Directors of the said Company on December 11. 200(,, to wit·
;.k.ES()L VliD. lhDI tht (ollowmy i.1athori1.a&ions-relate-to the execuhon, for and on behalf or th1t Company. of boods. utiden1\lc,lnga, rocogn11.an«1, oon1ru:tt and othff writt� commitmen1s of I.he Company· cnl•rw·inlo U., 01djt1JUY course o(bu,ineu (oa<;h a "Wriuen Commitment'):
(Ir Each orlh, C'haim>M, lh• Prosidffll and lho Vice P,.1,<len11 oflh• Company i1 her1b)' aulhon,fd 1<> oxecan• eni· Wrillen Commlb>'lent for and on behalf or!lw Comp"")'. uniw lhueal of tho Compan)· or .� ....
(l)� duty: appoi!llll<i 1Uort1")'➔11•fac1 or tho Company is hereb)' outli,,ri,...10 <>1t<III• MY. Wrilten Commilm.mt ro, 1111d on behalf o(llle Co•'l""'Y, 1M1du tl\e ..i <Jf lho Compon)' or olh.,..uo, 10 ili• oi<tent 1h11 sii,:h actio.!t is aulh!>ri...it,y the Jflnl of powers pro,·id..t ror iniodl .,.,.,.,. ,-rJ1to1t�poinlmenl a11u,;h aUomi,y•1n•rac:t,
(3)&oh or lhl Chli!mlll. 1M PMida,t oncl the Vi•• Pmid11111 ., !ht COIIIPMY i• her.t>y .. fllori,Ad, r01 a,d on bohalr or lht c..,....y. I<> appo,nl ,. "mina any pfflOll !ho IU0'1"1!'-i1t-fa<I or1b• Compooy wilhrull lii)\\er.""d lMl!ofity to necu11, for and on behalf or the Company. undtr lh,, sal of 11w (:cmpeny or OUlOIWtlt, ,ucl! Wri1wr1 Commi-11 of d!e Company u 1118)! bf sp,:cifi•d in •••h wnu.n �m<lnl. 11tl1oh IJHIClfiea!i,,n ml)' bf by,..,..,.. l)'Pt or cla11 orw,;11.., C� or by 1p1C1ft<lli"" of on• o, ""'" pa,Ucular Wriltell Com1TI1tmcnll.
(4} llodt oflhttC'llllitman, lhtt P, .. 1dtn1 and Vi<e l'nlsidonlt of1hoCompan)' lnlt«oby alllhoriad. for and•• behalf oflh•Company, tod<IIOlllll•in wnnll!l ani olher officer of lh• Company tho olllhotity IQ ''"'"""'· for and on b<half or lh• Compan)', undor lh• Company', ...i o, othefwisc, suc:h Writlell Commi..,...11 or lh• Compllllt u atupeciflo<l ,n such wnuon dol1glllion. 1<lnch sp,mucation ""'Y bt b,11.,,"'111 typo o, oll!B or Wrill.., C-00111111.-11 orb)' 1pocific111ion of ono or mort pa,Uc!Jlar Wnuen Cornmilments
f') Th• ''111>"1"" of 1111)' offieor or other I"'"''"' exaculll\ll ll>Y Written C<>mrnnhl<llll or IIPl)<>i•lm«II or dthipbon punuan1 10 1h11 R""'lution. 11ld lh• s..i or Iha Compllll}', ""') bo .ir�,.,,i by (ICSimil• on oll<hWnllon Commilmont or "nn.i, •PP<'lnlmonl or dol•1•11un
FURTHER RESOL Vl'Jl. lhat lhe foteyoin11 R.,olut1on ihllll nu1 lw doomed to b• an oxclua1ve ,111emon1 or 1h, power,; 1111d au1honty �r onkeni, omplo)'O<S Md otlwr per,;on, 10 ac1 for and on behalf or lheCumpan>, IUld sw;h Rt1Qlutam shall nOI limit or otherwise all'�t tho e"'etc,so of M1)' sui::.h power or authority olheralso \'alidly jranled fll vested.
Does hereby nominate, constitute and appoint Annette M Leuschner, Cynthia Farrel!, Debra A Deming, Evangelina L Dominick, Jessica lannoua, Kelly O'Malley, Sandra Diaz, Thomas Rh11tig11n, Valorie Sputes, Vivian C1uti, all of the City of NEW YORK, Now York, each individually iflhere be more thun one named, its true and lawful ijrtornfy-in,fact, to make, .:xecute, seal 11nd deliver on its behalf, and as its act and deed MY and all bonds, undertaking�. rccognizunces, contracts and other �Tilings in the Mture thereof in penalties not exceeding Ten million dollars & zero cents (S l 0,000,000,00) and the execution of such writings ill pursuance of these presents slulll be a; binding upon said Company, as fully and amply as if they had been duly executed and acknowlec:Jei:d by the regularly efocted oftkers of the Company .llt ii$ prim;ipal office,
IN WITNESS WHEREOF, the said Stephen M. Haney, Vice-President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTERFIR£ INSURANCE COMPANY this 13 day of December 2013,
COMMONWEALTH Of PENNSYLVANIA COUNTY OF PHILADELPHIA ss.
WESTCHESTER FIRE INSURANCE COMPAN\'
On this 13 day of December, AD. 20 l J before me, a Nollll'}' Public of the Commonwealth of Pennsylvania in 1mJ for the County of Philadelphia t11meStephen M. Haney ,Vk:e-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the precedins instrument. and he acknowledged that h11 executed the same. ood that the seal affixed to the preceding insll'ument is the corporatu seal of said Company; th11t the said corporate seal and his signature were duly aliixed by the authority al'ld direction of the said corporation, and that Resolutio!l, adopted by the Board or Directors of said Company, referred to in the preceding instrument, is now in force,
1.N TESTIMONY WHEREOF, I nave her�unto set my hand and affixed my official seal at thll City of Philadelphia the day and year first abo\'e written,, ....... , ..... ,1..i;:!:«.l .. 1v �
.... •·�(l;J�� ! �.. ,.Ill; . t 1\I .. .t !"f: I
' ,..-.,_1, lll .;:r/:, ,I � 1;� �. ··� �•�\;, �
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• .l � •• ,, ►�! • .�• /
I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is II substantially true and correct copy, 1s in Ml force 11nd effect.
In witness whereof, I have hereunto subscribed my name llll Assistallt Secretary, and affixed lhe corporate seal oflhe Corporation, this ,j[ 9J;ror Ja./t,t.{_ � J O l'f
• ! ,t:.t/��� -<. r:; /4. -�,. -•=) .... :..�-';.r✓
TIIIS POWER OF A l'fORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December 13, 2015
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ■THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. ■
16.A.7.b
Packet Pg. 754 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.b
Packet Pg. 755 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
To be attached to and form a part of
Bond No. K08978918
dated effective January 29, 2014
(MONTH-DAY· YEAR)
executed by FCC Veneta, LLC
(PRINCIPAL)
and by Westchester Fire Insurance Company
in favor of Collier County
(OBLIGEE)
SURETY RIDER
, as Surety,
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
Bond Amount
From: Five Hundred Sixty Nine Thousand Six Hundred Sixteen & 08/100 Dollars ($569,616.08)
To: Fifty One Thousand Seven Hundred Eighty Three & 28/100 Dollars ($51,783.28}
, as Principal,
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated.
This rider
is effective May 23, 2015
(MONTH-DAY-YEAR)
Signed and Sealed February 23. 2017
(MONTH-DAY-YEAR)
FCC Veneta, LLC
(PRINCIPAL)
Westchester Fire Insurance Company
L.______________________________________ ____J
S·04431GEEF 1 ii/99
16.A.7.b
Packet Pg. 756 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.b
Packet Pg. 757 Attachment: Bond Basis (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.c
Packet Pg. 758 Attachment: Resolution (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.c
Packet Pg. 759 Attachment: Resolution (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.d
Packet Pg. 760 Attachment: Plat Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.d
Packet Pg. 761 Attachment: Plat Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.d
Packet Pg. 762 Attachment: Plat Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
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Packet Pg. 763 Attachment: Plat Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)
16.A.7.d
Packet Pg. 764 Attachment: Plat Map (15978 : Final Acceptance - Lagomar at Fiddler's Creek)