Agenda 01/24/2023 Item #16A 2 (Final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Esperanza Place - Phase 2 PL20190000598/PL20190001019)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 - Phase 2,
Application Number PL20190000598 and PL20190001019, and authorize the release of the maintenance
security in the amount of $41,331.80.
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 May 5, 2020, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in Esperanza Place - Phase 2.
2) The roadway and drainage improvements, except for Tract “A-1”, will be maintained by the project’s
homeowners association. Tract “A-1” was dedicated to the County on the plat with responsibility for
maintenance, and the County will accept maintenance responsibility of this Tract for public road right-of-
way 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-1” 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 $41,331.80 will be released upon Board approval. The original bond in the amount of
$258,481.30 was reduced to the current amount of $41,331.80 based on the previous work performed and
completed and pursuant to the terms of the Construction and Maintenance Agreement dated September 10, 2019.
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 - Phase 2, Application Number PL20190000598 and PL20190001019, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications, including maintenance responsibilities for Tract "A-1".
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.2
Packet Pg. 175
01/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 24111
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 - Phase 2,
Application Number PL20190000598 and PL20190001019, and authorize the release of the maintenance security
in the amount of $41,331.80.
Meeting Date: 01/24/2023
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/12/2022 11:30 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/12/2022 11:30 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
12/12/2022 5:47 PM
Growth Management Department Diane Lynch Growth Management Department Completed 12/13/2022 3:52 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
12/20/2022 2:22 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 7:55 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 10:53 AM
Growth Management Department James C French Growth Management Completed 01/05/2023 3:52 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/09/2023 10:32 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/09/2023 12:12 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 5:13 PM
County Manager's Office Ed Finn CMO Completed 01/16/2023 4:31 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/17/2023 11:43 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
16.A.2
Packet Pg. 176
ESPERANZA PLACE - PHASE 2
LOCATION MAP
16.A.2.a
Packet Pg. 177 Attachment: Location Map (24111 : Final Acceptance - Esperanza Place Phase 2)
CONSTRUCTI ON AND ITiAI NTE I.IANCE AGREEM E NT FOR SUBDIVISION I MPROVEMENTS
THIS CONSTRUCTION AND
entered into this l O day d NANCE AGREEMENT
Lb
of County
RECITALS:
delivery of this
knorn as:Esperanza Place Phase 2
20_t1
Agreement, applied for the apprwal by the Board
refened to as "Derrdoper', and
referred to as the'Board".
A. Dandoper has, simuJtaneously with the
of certain plat of a suMivision to be
B. Chapter 4 and 10 of the Cdlier Crunty Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said'subdiviiion
regulations, said guarantees to be incorporated in a bonded agreenrent for the tonstructim of the
required im provements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinfrer set
forth, Devdoper and the Board do haeby covenant and agree m follous:
1. Dweloper wil! cause to be constructed:water, sewer, drai nage and roadway improvements
within 12 months frorn the date of approval
refened to as the required improvements.
said suMivision plat, said imprwements herdnafrer
2. Dlvelopet herewith tenders its suMivision performangg.s,ggurity (attached hereto * E$ibit ,h" and by
reference made a part hereo0 in the rnount of $258,481.30 which amount represents 1}o/o d the totat
contract cct to complede the consilruction plus 10tr/o ol the estimded cost of to complde the required
improvernents at the date of this Agreement
3. ln the enrent of default by the Dweloper or failure of the Dandoper to complefe such improrements
within the time required by the Land Developmert Code, Collier County, may call upon the subdivision
performance security to insure satisfactory compldion of the required improvernents.
4. The_required imprwements shall not be considered complde until a statenrent of substantial cornpldim
by Develope/s engineer along with the final project records have been fumished to be revierriO and
?pprored by !he, Comty Manager or his designee for cornpliance with the Cdlis Cornty Land
Devdopment Code.
5. The County Manager or designee shall, within sixty (60) days of recdpt of the statenrent of substantial
conpldion, dther: a) ncftil the Dweloper in wrtting of his preliminary apprwal of the imprwements; or
b) ndtff the Dweloper in writing of his refi.rsal to apprwe improvenrents, therenritfr specifying thce
conditions which the Dandoper must fulfill in order to obtain the Cornty Manage/s apprwaL of the
imprwements. Horvarer, in no event shall the Camty Man4er or designee refi.rse prdiminary approral
of the imprwements if they are in fact constructed and submitted for approval in accordance *itn tne
requirernents of this Agreenrant.
6. The Developer shall maintain all required improvements for a minimun friod of one year afier
prdiminary apprwal by the Comty Manager or his designee. Afier the me-year maintenance period by
the Devdoper has terminated, the Dwdoper shall pedition the Cannty Manager or designee to inspect
the required impranements. The Comty Manager or designee shall inspect the imprwernents and, if
found to be still in cmtpliance with the Land Development Code as ref,ected by final approval by the
Board, the Board shall rdease the ramaining 1lo/o of the suMivisim performance security. The
Dwelopefs respmsibility for maintenance of the required imprwanents shall continue unless or until
the Board *cepts maintenance responsibility for and by the County.
herdnafter
hereinafter
16.A.2.b
Packet Pg. 178 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
7. Six (6) months afier the execution of this Agreement and once within every six (6) months thereafier the
Dweloper may request the County Manager or 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 stdement of substantial conrpletion by the
Dwelopefs engineer together with the project records necessary for revieur by the County Manager or
designee. The County Manager or 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. ln the event the Dweloper shall fail or neglect to fulfill its obligations under this Agreenrent, upon
certification of such failure, the County Manager or designee may call upon the subdivision perforrnance
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
Dweloper, as principal under the subdivision performance security, shall be liable to pay and to indemniff
the Board, upon conpletion 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 binding upon the Dweloper
and the respective succssors and assigns of the Developer.
lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
SIGNED IN THE PRESENCE OF:(Name of Entity)
Habilat for Humanity of Collier County, lnc.
I i'it
Witness:
By:
Printed Name:
fvlA PA It I
Nicholas Kouloheras, President
I
t,
Witness:
!"v
Printed Name/Title
(Presidant, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
ATTEST
CRYSTAL K. KI CLERK
s-
Jr.
By
Chairman
L. McDan
Assistant County Attorney
BOARD OF COUNTY COMITiISSIONERS
" "affi[.-Y. FL.RTDA
By:
16.A.2.b
Packet Pg. 179 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 0683884
KNOW ALL PERSONS BY THESE PRESENTS: that
HABITAT FOR HUMANITY OF COLLIER COLINTY, INC.
I1I45 TAMIAMI TRAIL EAST, NAPLES FL 34I I3
(hereinafter referred to as "Owner") and
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER,2OTH FLOOR, NE.WARK, NJ 07I02
(hereinafter referred to as "Surety") are held and firmly bound unto Collier Counfy-, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Two hundred fiftv eight thousand four hundred eighty one dollars and .30
cents ($!!fu![fQ) 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 Elpetantza Place Phase 2 and that certain subdivision shall include specific
inrprovements 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 shalt 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")
NO\I', THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranfy period established by the County, and the Owner shall satisfo all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may sufler 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 Surefy-, for value received 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 specifi c 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 Surefy to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
LDCA:6
16.A.2.b
Packet Pg. 180 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
BOND NO.0583884
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
24th dav of September. 2019.
YWfr:pririt6afi#By
'7
f,l t(.h $-l Sx; te"^ZCt\O
Habitat for Humanity of Collier County, lnc
Nick President/CEO
ACKNOWLEDGEMENT
Printed
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING P
0tloht(zotg.
ERFORMANCE BOND WAS ACKNOWLE
BY Nick
DGED BEFORE ME THIS ,) I DAY OF
OF Habitat for Humanitv of Collier County. lnc.
WHO IS NALLY KN
Notary public - State of Florida,4*L)
Printed Name:fifilJ fiCOL>
WITNESSES
4tc,tb
Name:
SURETY ACKNOWLEDGEMENT
lnternational Fidelity I nce Company
By
Huntley A. Hornbeck, ll, Attorney-ln-Fact
I
li,
n Name
NOTARY ACKNOWTEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 24rH DAy OF September,
2jJ:19., BY Huntlev A. Hornbeck, ll AS Attornev-ln-Fact OF lnternational Fidelity lnsurance Company WHO lS
Notary Publ - State of Florida
d,,lL NotrrypubticstriorFtilL
dftffiffii.'",
KRISTIN M. NEIERT
MY COMMiSSION f GG 079764
EXPIRES: May 5,2021
Bovle"l lhru l,lotay Putiio Unde{tfite6
SEAL
LDCA:6
a
OR HAS PRODUCED AS IDENT|FICATION.
PERSONALLY KNOWN TO ME, OR HAS PRODUCED - AS IDENTIFICATION.
16.A.2.b
Packet Pg. 181 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
.RfuCot*tty
Growth Ma nagement Departnent
Development Review Division
December 16,2020
Intemational Fidelity Insurance Company
One Newark Center, 20s Floor
Newark, NJ. 07102
Re: Bond No. 0683884 / Habitat for Humanity of Collier County
Esperanza Place, Phase Two, PL20190000598
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 $2l7,149.50,leaving an available security of
$4r,331.80.
The remaining balance represents $23,498.30 as the maintenance security, plus
$ 17,833.50 in uncompleted improvements.
An original Bond Rider reducing the value of the surety should be directed to this office,
"all other terms and conditions of original Perlormance Bond to remain in full force and
effect". This reduction will become effective upon our receipt ofthe original Bond Rider.
Ifl can be ofany further assistance to you in this regard, please let me know.
Sincerely,
loAa llouAdcwortL
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
xc:Clerk to the Board
Engineer of Record
Ds/€htrrEflt Rairw thiixr . 2&0 ltffit l-lorsedre orire . l'lades, Fbe 34104 . 2@252-24m 'r.r,!,,w.coleom$t.gorr
16.A.2.b
Packet Pg. 182 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
✔ $258,481.30
$41,331.80
International Fidelity Insurance Company
BOND RIDER
_24th
0683884
September 2019
Habitat for Humanity of Collier County, Inc.
International Fidelity Insurance Company
Collier County, Florida_____________________________________________________________
December 16, 2020 _
International Fidelity Insurance Company
16th _D_e_c_e_m_be_r _____
BOND RIDER
Habitat for_Humanity of_Collier County
20
16.A.2.b
Packet Pg. 183 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
Signature:
Email:
Title:
Company:
nkouloheras@habitatcollier.org
President
Habitat for Humanity of Collier County
16.A.2.b
Packet Pg. 184 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
Bond #POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the day of and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the day of
“RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed.”
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this day of
STATE OF NEW JERSEY
County of Essex
On this day of , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
New Jersey the day and year first above written.
a Notary Public of New Jersey
My Commission Expires
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,
STATE OF ILLINOIS
County of Cook
Naples, FL
0683884
Kenneth Chapman
Executive Vice President Harco National Insurance Company
and International Fidelity Insurance Company
A02269
JEFFREY T. STORRAR, KRISTIN M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, DAWN COLECCHIO,
HUNTLEY A. HORNBECK II, MARC EVAN WILLIAMS, ZEBEDIAH K. HOLT, NICOLE PANEQUE
April 4, 2023
31st December, 2018
13t December 2018
December 201813t
Irene Martins, Assistant Secretary
31st December, 2018
Shirelle A
16.A.2.b
Packet Pg. 185 Attachment: Bond Basis (24111 : Final Acceptance - Esperanza Place Phase 2)
16.A.2.c
Packet Pg. 186 Attachment: Resolution (24111 : Final Acceptance - Esperanza Place Phase 2)
16.A.2.c
Packet Pg. 187 Attachment: Resolution (24111 : Final Acceptance - Esperanza Place Phase 2)
16.A.2.d
Packet Pg. 188 Attachment: Plat Map (24111 : Final Acceptance - Esperanza Place Phase 2)
16.A.2.d
Packet Pg. 189 Attachment: Plat Map (24111 : Final Acceptance - Esperanza Place Phase 2)