Agenda 09/14/2021 Item #16A14 (Resolution - Final Acceptance for Final Plat of Lago Villaggio (f/k/a Regent Lake Estates) PL20120001748)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Lago Villaggio (f/k/a Regent Lake Estates), Application Number
PL20120001748 (99-38), acceptance of County maintenance responsibilities for Tract H of Lago
Villaggio, and authorizing 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 County maintenance responsibility
for Tract H, and release the maintenance security.
CONSIDERATIONS:
1) On February 24, 2003, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Lago Villaggio (f/k/a Regent Lake Estates).
2) The roadway and drainage improvements, except for Tract H, will be maintained by the project’s
Homeowners Association. Tract H was dedicated to the County on the plat with the
responsibility for maintenance, and the County will accept maintenance responsibility of this
Tract for drainage and stormwater purposes.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on June 10, 2021
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 the project’s
Homeowners Association. Maintenance costs for Tract H will be from the Transportation Services
Operations and Maintenance budget. The existing security in the amount of $1,026,000 will be released
upon Board approval and it is based on the work performed and completed and pursuant to the terms of
the Construction and Maintenance Agreement dated June 26, 2001.
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 Lago
Villaggio (f/k/a Regent Lake Estates), Application Number PL20120001748 (99-38), accept the
maintenance responsibility for Tract H, 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)
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2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 16297
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Lago Villaggio (f/k/a Regent Lake Estates),
Application Number PL20120001748 (99-38), acceptance of County maintenance responsibilities for
Tract H of Lago Villaggio, and authorizing the release of the maintenance security.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/16/2021 10:56 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
06/16/2021 10:56 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/16/2021 11:44 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/18/2021 12:07 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/21/2021 3:20 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/21/2021 4:58 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 06/24/2021 11:27 AM
Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/25/2021 3:00 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/25/2021 3:19 PM
Growth Management Department James C French Growth Management Completed 06/25/2021 6:12 PM
Growth Management Department James C French Transportation Skipped 06/25/2021 6:14 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/28/2021 11:00 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2021 3:37 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 07/02/2021 11:54 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2021 8:34 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
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LAGO VILLAGGIO (AKA REGENT LAKE)
LOCATION MAP
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Packet Pg. 604 Attachment: Location Map (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into th� :(?4:,_--ft day of _ � ,./ , 2001 between Transeastern Properties, Inc., the property owner, hereinafter 1eferred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS A.Developer has, _simultaneously ��t� the delivery of this_:}§{�i��p��pplied for the approval bythe board of a certam plat of a subd1v1s1on to be known as:ir !i.m,rt,.B.Division 3.2 of the Collier County Land Development Code requires the Developer to postappropriate guarantees for the construction of the improvements required by said subdivisionregulations, said guarantees to be incorporated in a bonded agreement for the construction of therequired 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: Approximately 3,250 Linear Feet ofRoadway and Associated Water, Sewer, and Drainage Infrastructure, as well as a 4.6Acre ± Water Management Lake.within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2.Developer herewith tenders its subdivision performance security (attached hereto asExhibit "A" and by reference made a part hereof) in the amount of $1,026,000.00which amount represents 10% of the total contract cost to complete constructionplus 100% of the estimate cost to complete the required improvements at the date ofthis Agreement.3.In the event of default by the Developer or failure of the Developer to complete suchimprovements within the time required by the Land Development Code, CollierCounty, after written notice to Developer, may call upon the subdivisionperformance security to insure satisfactory completion of the requiredimprovements.4.The required improvements shall not be considered complete until a statement ofsubstantial completion by Developer's engineer along with the final project recordshave been furnished to be reviewed and approved by the Development ServicesDirector for compliance with the Collier County Land Development Code.5.The Development Services Director shall, within sixty (60) days of receipt of thestatement of substantial completion, either: a) notify the Developer in writing of hispreliminary approval of the improvements; or b) notify the Developer in writing ofhis refusal to approve improvements, therewith specifying those conditions whichLDCA: l 16.A.14.b
Packet Pg. 605 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
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 m�intain all required improvements for a minimum period ofone year after preliminary approval by the Development Services Director. Afterthe one year maintenance period by the Developer has terminated, the Developershall petition the Development Services Director to inspect the requiredimprovements. The Development Services Director or his designee shall inspect theimprovements, and, if found to be still in compliance with Collier County LandDevelopment Code as reflected by final approval by the Board, the Board shallrelease the remaining 10% of the subdivision performance security. TheDeveloper's responsibility for maintenance of the required improvements shallcontinue unless or until the Board accepts maintenance responsibility for and by theCounty.7.Six (6) months after the execution of this Agreement and once within every six (6)months thereafter the Developer may request the DevelopIJ1ent Services Director toreduce the dollar amount of the subdivision performance security on the basis ofwork completed. Each request for a reduction in the dollar amount of thesubdivision security shall be accompanied by a statement of substantial completionby the Developer's engineer together with the project records necessary for reviewby the Development Services Director. The Development Services Director maygrant the request for reduction in the amount of the subdivision performancesecurity 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 thisAgreement, upon certification of such failure, the County Administrator may callupon the subdivision performance security to secure satisfactory completion, repairand maintenance of the required improvements. The Board shall have the right toconstruct and maintain, or cause to be constructed or maintained, pursuant to publicadvertisement and receipt and acceptance of bids, the improvements required herein.The Developer, as principal under the subdivision performance security, shall beliable 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, legaland contingent costs, together with any damages, either direct or consequential,which the Board may sustain on account of the failure of the Developer to carry outall of the provisions of this Agreement.9.All of the terms, covenants and conditions herein contained are and shall be bindingupon the Developer 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�ay of � , 2001. LDCA: 2 16.A.14.b
Packet Pg. 606 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
SIGNED, SEALED AND DELNERED IN THE PRESENCE OF: Rob�,� · I, n, ,no, .. s � ;: Printed or Typed Name ATTEST: Printed Name .,•• : . •' . •1•t •. _ .... ; .. · ·,.:;.::.:>·;._:;/:> .. , J/ I • A TTESTi'( . . ,, --�4 ··. / , . · · ':bWIGHitE: BROCK, Clerk. \�:-,;: ,2�#.;';�h1lra1n's
t _:··;·· '.::.�·· · signature onl,1.Approved asto form and legal sufficiency: II '\ �\2)0�(\<G:,\W1\f tt95TI Collier County Attorney ( s v--====-==�J..__.l,,L--JIL.l,L..L...L�� Printed or Typed Name -LA�� 4 be� \o,2�-v1eJT
nlie BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR A LDCA: 3 16.A.14.b
Packet Pg. 607 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
COLLIER COUNTY LAND DEVELOPME1'T CODE PERFORlVIANCE BOND 4 KNOW ALL PERSONS BY THESE PRESENTS: that TRANSEASTER.:.� PROPERTIES, 11',C. 3300 UNIVERSITY DRIVE, SUITE 100 CORlL SPRINGS, FL 33065 (hereinafter referred to as "O�ner") and PREFERRED NATIONAL INSURANCE COMPA .. "-y 210 UNIVERSITY DRIVE, SUITE 900 CORU SPRINGS, FL 33071 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, fiorida. (he:-einafter referred to as ··County") in the total aggregate sum of One Million Twenty Six Thousand Dollars ( S 1,026.000.00 ) in lawful money of the United States, for the payment of which sum well and truly be made. \re bind ourselves. our heirs. executors, administrators and assigns, jointly and severally, firmly by these presents. O\\Tier and Surety are used for a singular plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the 0\\111er has submined for appro\·al by the Board a certain subdivision plat named Regent Lake Estates and that certain subdi\·ision 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 tJ1e date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissione:-s of the specific improvements described in the Land Development Regulations (hereinafter the '·Guaranty Pe:-iod·\ 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 esrnblished by the County. and the 0½ner 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 the o,,Ti.e:-·s failure to do so. and shall reimburse and repay the County all outlay and expense which the County may inc:1r in making good any defoult. then this obligation shall be void, otherwise to rem ain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipul2.tes and agrees that no charge. extensions of time. alterations, addition or deletion to the proposed specific i..::ro\·eme:-ns shall in an,· 1,rny. . . . affect its obligation on this Bond, and it does hereby waive notice of any Si.lei change. e\tension of time, alteration. addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deerr:d amended automatically and immediately, without formal and separate amendments hereto, so as to bind the O·.\ne:-and the Surety to the full and faithful perfonnance in accordance with the Land Development Regulations. The tenn "Ame:.idments'' wherever used in this Bond, and whether referring to this Bond, or other docume::ts shall include any alteration, addition of modification of any character whatsoever. 16.A.14.b
Packet Pg. 608 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 30th day of May, 2000. ,,,,.
PRINCIPAL:
Witness:�/:-
Name: (vhl �Pt-'2,'•"'w ;:f:7--
Witness:✓�� Name: �Co ,-1fJ fl i:.\MS/OS
State of Florida County of Broward
On this thirtieth day of May, 2000, before me personally appeared Arthur Falcone who is known to me
to be the president of Transeastern Properties, Inc. and who executed the foregoing instrument and acknowledges to me that he executed the same.
Signed and sworn before me this 30th day of May, 2000 �a� N�blic !
SURETY:
State of Florida County of Broward
My Commission Exnires: NOfARV PUBLIC ·s-rATE"Ol' FLORIDA Jill A SLIWA COMMISSION II CC831049 EXPl�E S 5/1412003 BONOED THRIJ ASA 1-8BB-NOTARY1
Preferred National Insurance Company 210 University Drive S · 00 Coral Springs, a 3307
By:_�wEll��=-=--�:1E=---=:.......__(seal)
rney-In-Fact"
(sea,('
On this thirtieth day of May, 2000, before me personally appeared Denis A. Dwyer who is known to me to be the Attorney-In-Fact for Preferred National Insurance Company and who executed the foregoing instrument and acknowledges to me that he executed the same. 7
Signed and sworn before me this 30th day of May, 2000
My Commission Expires : � � Gloria J Dwyer *.*My Commiaslon CC83912,
\,. __ .. 'J Exolrett u., -,-i -,nn�
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Packet Pg. 609 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
Preferred National Insurance Company
Coral Springs, Florida
POWER OF ATTORNEY
�nnfu !JI �en �\! m4ese Jresenfs; That Preferred National Insurance Co�pany, a corporation of the State of Florida, by
Stephen Weicholz, President, and Scott Weicholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By-Laws of said Company, which reads as follows: ·
ARTICLE XI, SECTION 1 -The Chairman of the Board or,President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE XI, SECTION 2 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of A�omey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,, and such signature and seal when so used shall have the same force and effect as though manually fixed. ·
Does hereby nominate, constitute and appoint Denis A. Dwyer and Denise Dwyer-Popick
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and contracts of suretyship in the amount not to exceed: One Million Five Hundred Thousand Dollars ($1,500,000) ,,
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the regularly elected officers of the Company at Its office in Coral Springs, Florida, in their own proper persons.
The said Secretary does hereby certify that the aloregoing is a true copy of Article XI, Section 1 & 2 of the By-Laws of said Company, and Is now In force. I '
IN WITNESS WHEREOF, the said President and Secretary have hereurto subscribed their names and affixed the Corporation Seal of the1said Preferred National Insurance Company, this 17th day of Noverp�r, 1993.' ·. · ·
ATTEST:
Secretary STATE OF FLORIDA CITY OF CORAL SPRINGS ) ss: )
Preferred National Insurance Company
.By:,��-✓&'��
�-· �-�ldent �
1'.
On this 17th day of November, A.O., 1993, before the subscriber, ·a Notary Public of the Stale of Florida, duly commissioned and quallfled, came the above named President and Secretary of Preferred National Insurance Company to me personally known to be the Individuals and officers described In and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally lind each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed lo the prece�ing instrument Is the Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and sub!ICribed to the said Instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Offlclal Seal, at the City of Coral Springs, the day and year ffrst above
written.
:\t-�Y Pue. Ofl'ICIAL NOTARY SEAL
0 ,..� MARC REOEN
: �
1 <i! COMMISSION NUMBER � • <C" cc 144201 11, ,p MY COMMISSION-r,,ra-, ----------,,--------,----
O F f\.O OCT. 11 1995
CERTIFICATE I '
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the President who executed the said Power of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided In Article XI, Section 1 & 2 of the By-La�s of the Preferred National Insurance Company.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Bo�rd of Directors of Preferred National Insurance . Company at a meeting duly called and held on the 8th day of September, 1989.
Resolved, Article XI, Section 2, "that the facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issuecl by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed" , . . . . '
IN TESTIMONY WHEREOF, I have hereunto subs�rtbed my na�e and affixe� the Corporate Se�I of the said Co ... mpany, thls ..... J.Q .... t.h .... i. day of
............. ��.¥................................... 2 Q.9.9.......... L'/f 1,l it �'f'
-�Sedretarv
, I
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Packet Pg. 610 Attachment: Bond Basis (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
[21-EIS-04497/1642514/1] Page 1 of 2
RESOLUTION NO. 21-____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS IN LAGO VILLAGGIO (F.K.A
REGENT LAKE ESTATES) AND ACCEPTING
MAINTENANCE RESPONSIBILITY OF TRACT H,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 38, PAGES 11
THROUGH 14, AND RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
June 26, 2001, approved the plat of Lago Villaggio 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 Lago Villaggio
(f/k/a Regent Lake Estates), pursuant to the plat thereof recorded in Plat Book 38, pages
11 through 14, and the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Lago Villaggio, except Tract H, will be maintained privately in the
future and will not be the responsibility of Collier County. Collier County will maintain
Tract H, which was dedicated on the plat to the County for drainage and stormwater
purposes.
[Space Intentionally Left Blank]
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Packet Pg. 611 Attachment: Resolution (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
[21-EIS-04497/1642514/1] Page 2 of 2
This Resolution adopted after motion, second and majority vote favoring same,
this ______ day of ______________, 2021.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
__________________________ By:_________________________________
Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality:
__________________________
Derek D. Perry
Assistant County Attorney
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Packet Pg. 612 Attachment: Resolution (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
16.A.14.dPacket Pg. 613Attachment: Plat Map (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
16.A.14.dPacket Pg. 614Attachment: Plat Map (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
16.A.14.dPacket Pg. 615Attachment: Plat Map (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))
16.A.14.dPacket Pg. 616Attachment: Plat Map (16297 : Final Acceptance - Lago Villaggio (f/k/a. Regent Lake Estates))