Agenda 01/24/2023 Item #16A 1 (Resolution - A Resolution for final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Esperanza Place, Application No. AR-13122)01/24/2023
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 Esperanza Place, Application
Number AR-13122, and authorize the release of the maintenance security in the amount of $34,293.30.
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 October 12, 2011, the Growth Management Department granted preliminary acceptance of the roadway
and drainage improvements in Esperanza Place.
2) The roadway and drainage improvements, except for Tract “A”, will be maintained by the project’s
homeowners association. Tract “A” was dedicated to the County on the plat with responsibility for
maintenance, and the County will accept maintenance responsibility of this Tract as a public road right of
way, which includes roadway, drainage, and sidewalk purposes.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department has inspected the improvements on December 5, 2022, 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. Maintenance costs for Tract “A” will be from the Transportation Services Operations and Maintenance
budget. The estimated annualized maintenance cost of the new infrastructure is $2,700. The existing security in the
amount of $34,293.30 will be released upon Board approval and is based on the work performed and completed and
pursuant to the terms of the Construction and Maintenance Agreement dated September 11, 2012.
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 Esperanza
Place, Application Number AR-13122, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the impro vements and plat
dedications, including County maintenance responsibilities of Tract "A".
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.1
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01/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 24109
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 Esperanza Place, Application
Number AR-13122, and authorize the release of the maintenance security in the amount of $34,293.30.
Meeting Date: 01/24/2023
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/12/2022 11:02 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/12/2022 11:02 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
12/12/2022 5:44 PM
Growth Management Department Diane Lynch Growth Management Department Completed 12/13/2022 3:51 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
12/20/2022 2:17 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/29/2022 7:59 AM
Road Maintenance Gerald Kurtz Additional Reviewer Completed 01/05/2023 7:54 AM
Growth Management Department Jaime Cook Division Director Completed 01/05/2023 10:46 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 01/05/2023 10:54 AM
Growth Management Department James C French Growth Management Completed 01/05/2023 3:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/09/2023 10:21 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/09/2023 12:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2023 3:54 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/12/2023 4:52 PM
County Manager's Office Ed Finn CMO Completed 01/16/2023 4:30 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/17/2023 11:38 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
16.A.1
Packet Pg. 163
ESPERANZA PLACE
LOCATION MAP
16.A.1.a
Packet Pg. 164 Attachment: Location Map (24109 : Final Acceptance - Esperanza Place)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS is entered into this � day of �-, 2012 by THE
EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY
DEVELOPMENT CORPORATION, a Florida not-for-profit corp oration (hereinafter
"Developer''), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter 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: Esperanza Place.
B.Chapters 4 and IO of the Collier County Land Development Code require 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:
I.Developer will cause to be constructed storm drainage and paving pursuant to
specifications that have been approved by the Development Services Director within thirty-six
(36)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 $34,293.00 which amount
represents 10% of the total contract cost to complete construction plus I 00% 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.
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
16.A.1.b
Packet Pg. 165 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
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 ofone 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 Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining l 0% 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 thisAgreement, 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 performance 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 bindingupon the Developer and the respective successors and assigns of the Developer. (Remainder of Page Intentionally Left Blank-Signatures Begin on Next Page)
2
16.A.1.b
Packet Pg. 166 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this tL 1'� day of �1'"(· , 2012. ATTEST: Approved as to form and legal sufficiency: 3
DEVELOPER: THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORA TJON, ::� Name: E-dw r-d • O eslc::y Its: Chair-ma.n
BOARD: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman 16.A.1.b
Packet Pg. 167 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Habitat for Humanity of Collier County, lnc
11 145 Tamiami Trail East
Naples, Florida 341 13
(hereinafter referred to as "Owner") and
lnternational Fidelity and lnsurance Company
One Newark Center, 20rh Floor
Newark, NJ 07102
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County Board of County
Commissioners, Florida, (hereinafter referred to as "County") in the total aggregate sum of Thirtv-four
thousand two hundred ninetv{hree dollars and 30 cents ($34.293.30) 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 EsDeranza Place 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 receaved 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 ln this Bond, and whether referring to this Bond, or other d6cuments
shall include any alteration, addition or modification of any character whalsoever.
PERFORMANCE BOND
No. 0683876
16.A.1.b
Packet Pg. 168 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
PERFORMANCE BOND
No. 0683876
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE AND PAYMENT
BOND to be executed this 2nd dav of Februa ty, 2018
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Habitat for Humanity of Collier County, lnc
8y:
N ick loheras, President/CEO
Printed Name
lnc.o P KNOWN TO I\4E, OR HAS PRODUCED AS
IDENTIFICATION
Notary Public - State of Florida
Siate o, Florida, rrpires Jut 4, 20lB (SEAL)
Printed Na -.i" Bq,od
rnrssron, tf
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N..*[-*r ,\<l SURETY ACKNOWLEDGEMENT
QQ S lnte nal Fi lity a ln rance Com pany
By
ted Name Charity A. Moser,ttorney-ln-Fact
Printed Name rSliJLilrn (Provide Proper Evidence of Authority)
NOTARY ACKNOWLEDGMENT
STATE OF F ida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFO
February, 2018, BY Charity A. Moser AS Attorne y-ln-Fact OF lnternational Fideli
WHO IS PERSONA LLY KNOWN T OME , OR HAS PRODUCED AS IDENTIFICATION
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RE ME THIS 2Nd DAY OF
ty and lnsurance Company
MY COMMTSS|ONf GG 079764
DGIRES: i,lay 5, 202t
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Printed Name:
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ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ). ONY OT. 2018, BY Nick Kouloheras the PresidenUCEO OF Habitat for Humanitv of Collier Countv.
16.A.1.b
Packet Pg. 169 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
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ONE NEWARK CENTER, 2OTH FLOOR NEWARK, NEW JERSEY 07102.5207
KNOW ALL MEN BY THESE PRES
the laws of the Strate of New
existing under
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their true and laMul attornev(s)-in-fact to execute. seal and deliver for and on its behalf as suretv. anv and all bonds and undertakinos. contracts of indemnitv
and other writinos oblioatorv in'the nature thereof. which are or mav be allowed. reouired or oerffiittet, bv law. statute. rule. reoulatiSn. contract or otheruise.
and the execulion of -sucti instrument(s) in pur6uance of these bresents, shall tie as bindino upon' the Said lruieRNnflONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents an-d purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal bffices.
This Power of Attornev is executed. and mav be revoked. oursuant to and bv authoritv of the Bv-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALry COMPANY and is branted under and bv authorftv of the followinq resolution adooted bv the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a-meeting duly held ori the 2Oth'day of July, 201b and by the Bo'ard ofbirectors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of AugIst, 2000:
KRISTIN M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, HUNTLEY A. HORNBECK II,
CHARITY A. MOSER
Naples, FL.
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attested these presents on this 22nd day of July, 2014.
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ROBERTW. MINSTER
Chief Executive Officer (lnternational Fidelitv
14surance_ Company) and President (Alleg6eny
Casualty Companyf '
On this 22nd day of July2014, beforemecametheindividual whoexecuted theprecedinginstrument,tomepersonallyknown,and, being by medulysworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE bOn4pnf.fY anO AlEeneNy bnSUnf_iVCOMPANY ; that the seals affixed to said instrument- are the Corporate Seals of said Companies; that the said Corporate Seals and his signature wereduly affixed by order of the Boards of Directors of said Companies.
lN TESJIMQNY WHEREOF, I have hereunto set mv hand affixed mv Official Seatat the City of Newark, New Jdrsey the day and year firsGbbte writt6ii.
STATE OF NEW JERSEY
County of Essex
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A N9TARY PUBLIC OF NEW JERSEYMy Commission Expires nprit t6, ZO1S
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br ilr" se.tion. oi tni llvll"*, of said companies as set forth in saidPowerofAttorney, wilhtheoriginals onfile in thehome.office or saiocompaiLs, ana that thesarerie.orr"ct transcriptsthereof,andof thewholeof the said originals, and that thL said Power of Attomey has not neen reroiJo an-d i. no* in full force and effect.
lN TESTIMONY WHEREOF, I have hereunto set my hand tfris }nd
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16.A.1.b
Packet Pg. 170 Attachment: Bond Basis (24109 : Final Acceptance - Esperanza Place)
16.A.1.c
Packet Pg. 171 Attachment: Resolution (24109 : Final Acceptance - Esperanza Place)
16.A.1.c
Packet Pg. 172 Attachment: Resolution (24109 : Final Acceptance - Esperanza Place)
16.A.1.d
Packet Pg. 173 Attachment: Plat Map (24109 : Final Acceptance - Esperanza Place)
16.A.1.d
Packet Pg. 174 Attachment: Plat Map (24109 : Final Acceptance - Esperanza Place)