Agenda 01/11/2022 Item #16A 3 (Resolution - Final Acceptance for the final plat of Golf Club of the Everglades Phase 1)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Golf Club of the Everglades Phase 1, Application Number
PL20140001653, and authorize the release of the maintenance security in the amount of
$699,615.37.
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 February 12, 2016, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Golf Club of the Everglades Phase 1.
2) The roadway and drainage improvements will be maintained by the Golf Club of the Everglades
Homeowners Association, Inc., and Pulte Home Corporation.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on November 23,
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 Golf Club of
the Everglades Homeowners Association, Inc, and Pulte Home Corporation. The existing security in the
amount of $699,615.37 will be released upon Board approval. The original security in the amount of
$5,533,923.18 has been reduced to the current amount of $699,615.37 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.
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 Golf
Club of the Everglades Phase 1, Application Number PL20140001653, 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)
16.A.3
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 20775
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Golf Club of the Everglades Phase 1,
Application Number PL20140001653, and authorize the release of the maintenance security in the
amount of $699,615.37.
Meeting Date: 01/11/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/07/2021 3:41 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/07/2021 3:41 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/07/2021 3:54 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/07/2021 4:03 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/10/2021 3:03 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/14/2021 1:12 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 12/21/2021 3:55 PM
Growth Management Department Jeanne Marcella Transportation Skipped 12/07/2021 4:07 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/22/2021 8:59 AM
Growth Management Department James C French Growth Management Completed 12/22/2021 6:27 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/23/2021 8:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2021 9:25 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/23/2021 10:33 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/23/2021 3:32 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
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GOLF CLUB OF THE EVERGLADES PHASE 1
LOCATION MAP
16.A.3.a
Packet Pg. 120 Attachment: Location Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTl4 AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this t, f � day of _____ .M.A., 5� , 20 I'> between
P,neHomeCo,po,ot,oa 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: Golf Club of the Everglades Phase 1
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 / l!) 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 $$1531.'l!• lf>which amount represents 10% of
the total contract cost to complete the construction plus f 00% 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 ;:ind by the County.
16.A.3.b
Packet Pg. 121 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
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Packet Pg. 122 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.b
Packet Pg. 123 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
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Packet Pg. 124 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.b
Packet Pg. 125 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.b
Packet Pg. 126 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
GIUNth Management Department
Development Review Division
December 18, 2016
Westchester Fire Insurance Company
601 S. Figureoa St., 15th Floor
Los Angeles, CA. 90017
Re: Bond No. K08446738 / PuJte Home Corp.
Golf Club of the Everglades Phase 1 PL20140001653
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 $4 834,307.81, leaving an available security
of $699,615.37. The remaining security represents $503,083.93 as the required
maintenance security, plus $196,531.44 in uncompleted improvements.
An original Bond Rider reducing the value of the Bond should be directed to thi 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,
'JoAH 110 ... edswortA
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
xc: Clerk to the Board
Engineer of Record
Oevelopmert Review OMSion • 2800 Nerti Ha-seshoe Drive• Na�s. Rema 34104 • 239-252-2400 • www,coliergov net
16.A.3.b
Packet Pg. 127 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
L
GENERAL SURETY RIDER
To be attached and form a part of
Bond No. : K0844673E
Dat€d effectiY€: 5640!!
(MoNTH, DAY, YLAR)
executed by: Pulte Home Corporation, as Principal,
(PRINCIPAL)
and by: Westchester Fire Insurance Company , as Surety,
(suRErY)
and in favor of : Colli€r County.
(oBLIGEE)
In consideration ofthe mutual agreements herein contained the Principal and the Surety hereby consent to
changing
Nothing herein cortained shall vary, alter or €xtend any provision or condition ofthis bond except as herein
expressly stated.
This rider is effective !)!f!!fl!f
(MONTH, DAY, Yf,AR)
Signed and Sealed 12122/2016
(MONTH, DAY, TTAR}
Westchester Fire Insurance Company
SI RETY
BY:
Jessica Hollaender. ATToRNEy-I\J-IACT
Bond Amount(S)s5,333,923. r 8 s699.615.37
I N t-()la Nt /\Tl()N F R() t\t t()
16.A.3.b
Packet Pg. 128 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
Power of wESTCHESTER FIRE INSURANCE coMPANY
Attorney
Know all men by these prcsents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December I1,2006, to wit:
entered into fie ordindy wuae of busins (erch r "wrino Commitftnl")i
Each of the Chaimm, the Pr6idcnt od th€ Vie Presidqts of the Compmy is hercby ruthoriz€d lo cxEute ey Writo Commimmt for ud on behalf of the Compuy, uder the scal of the Compmy or
otheruise.
such sctio is authonad by the gfml of pows provided for rn such perpns wiBen appointment s such rttomey-in-f4l .
full power md authorrty to exsute, for ud on behalf of the Compmy, uder the *sl of the Compuy or o6emse, such Wntten Commilments of $e Compuy r may be spccified rn such Mtten
apporntment, which specification may be by general type or clcs of Wnnen Commitmcnls or by specification ofone or more panrculr Wntlq Commilments
Each of 6e Chame, the Presi&nr ud Vice hsidents of the Compmy in hoeby ruthorized, for ud on behdf of the Cotrpey, n delogate in mting uy othq offcer of tle Compuy orc autlnnty to
execure, lor ud on bdralf of de Compily, uder the Compuy's sealor o$euie, uch Writiq Commitmts of rleCompuy r re specifed in wch mito deleSsnon, which rsification my be by
general type or cls of Wntt€n Comfritmef,ts of by speaificaliq ofonc gr mor€ pattcular Wtitlo Commitments.
Written Commrtmenl or Mitten appointmcnl or delegation
Compuy, od such Rslutron shsll not limir or otherwis allect the exercise of oy such power or authority otheNise vslidly Sraled or vsted.
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(4)
(5)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this I 8 day of J une, AD. 201 5 before me, a Notary Public of the Commonwe alth of Pennsylvania in and for the County of Phrladelphia came Stephen M
Haney ,Vice-Presrdent of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding insEument is the corporate seal ofsaid Company; that
the said corporate seal and his signature were duly affixed by the authority and direction ofthe said corporation, and that Resolution, adopted by the Board ofDirectors
ofsaid Company, referred to in the preceding instrument, is now in lbrce.
lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
l, the undersigned Assistant Secretary of rhe wESTCHESTER FIRE INSURANCE coMpANy, do hereby certiry rhat the original powER oF ATTORNEy, of
which the foregoing is a substantrally true and correct copy, is in ful force and effect.
Inwitnesswhereof, IhavehereuntosubscribedmynameasAssistantSecretary,andaffixedthecorporateseal oftheCorporation,this 22dayof Decenbe::2016
I
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THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER JUNC 18, 2OI 7,
gENsl r,v6 aQa
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Docucard 104546 contails-a y!)rity lLanto-grllh. b!u: blcglound:lgynslirl tnk. coin-reactive watermark, and nicrotert printing on b^rdet. \r",,.o, o".J
Does hereby nominate, constilute and appoint Jeremy Polk, Jessica Hollaender, all ofthe City of PIIOENIX, Arizona, each individually ifthere be more than one
named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its acl and deed any and all bonds, undertakings, recognizances,
contracts and other wrrtings in the nature thereof in penalties not exceeding Fifteen million dollars & zero cents ($ I 5,000,000.00) and the execution of such writings in
pursuance ofthese presents shall be as binding upon said Cornpany, as fully and amply as ifthey had been duly executed and acknowledged by the regularly elected
olficers of the Company at its principal oflice,
lN WITNESS WIIEREOF, the said Stephen M. Haney, Vice-President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
I-IRE INSURANCE COMPANY this l8 day of June 2015.
WESTCHESTf, R FIRE INSURANCE COMPANY
16.A.3.b
Packet Pg. 129 Attachment: Bond Basis (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
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Packet Pg. 130 Attachment: Resolution (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
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Packet Pg. 131 Attachment: Resolution (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 132Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 133Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 134Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 135Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 136Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 137Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 138Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)
16.A.3.dPacket Pg. 139Attachment: Plat Map (20775 : Final Acceptance - Golf Club of the Everglades Phase 1)