Agenda 01/11/2022 Item #16A 7 (Resolution - Finall acceptance for final plat - Legacy Estates)01/11/2022
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 Legacy Estates,
Application Number PL20140002627 and Application Number PL20140001803, and, and authorize
the release of the maintenance security in the amount of $53,700.85.
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 November 4, 2020, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Legacy Estates.
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 December 7,
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 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 $53,700.85 will be released upon Board
approval and is based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated August 10, 2016.
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
Legacy Estates Application Number PL20140002627, and PL20140001803, 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
16.A.7
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01/11/2022
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.7
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 20772
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 Legacy
Estates, Application Number PL20140002627 and Application Number PL20140001803, and, and
authorize the release of the maintenance security in the amount of $53,700.85.
Meeting Date: 01/11/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/07/2021 1:52 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/07/2021 1:52 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/07/2021 2:04 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/07/2021 2:20 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/07/2021 4:08 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/14/2021 1:11 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 12/21/2021 3:54 PM
Growth Management Department Jeanne Marcella Transportation Skipped 12/07/2021 4:05 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/22/2021 9:01 AM
Growth Management Department James C French Growth Management Completed 12/22/2021 6:28 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/23/2021 8:21 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 12:15 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/30/2021 9:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
16.A.7
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LEGACY ESTATES
LOCATION MAP
16.A.7.a
Packet Pg. 186 Attachment: Location Map (20772 : Final Acceptance - Legacy Estates)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 1 0th day of August / ____ / _____ , 20 1e between J.o.o.,..,,,.,..,,, ,,c 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: LEGACY ESTATES
B. Chapter 4 and 1 O 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 paving, striping and signage
within 18 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$ 53.100.es -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 continue unless or until the Board accepts maintenance responsibility for and by the County.
16.A.7.b
Packet Pg. 187 Attachment: Bond Basis (20772 : Final Acceptance - Legacy Estates)
16.A.7.b
Packet Pg. 188 Attachment: Bond Basis (20772 : Final Acceptance - Legacy Estates)
16.A.7.b
Packet Pg. 189 Attachment: Bond Basis (20772 : Final Acceptance - Legacy Estates)
16.A.7.b
Packet Pg. 190 Attachment: Bond Basis (20772 : Final Acceptance - Legacy Estates)
16.A.7.b
Packet Pg. 191 Attachment: Bond Basis (20772 : Final Acceptance - Legacy Estates)
16.A.7.c
Packet Pg. 192 Attachment: Resolution (20772 : Final Acceptance - Legacy Estates)
16.A.7.c
Packet Pg. 193 Attachment: Resolution (20772 : Final Acceptance - Legacy Estates)
16.A.7.d
Packet Pg. 194 Attachment: Plat Map (20772 : Final Acceptance - Legacy Estates)
16.A.7.d
Packet Pg. 195 Attachment: Plat Map (20772 : Final Acceptance - Legacy Estates)