Agenda 03/14/2023 Item #16A 3 (Resolution-for final acceptance of the private roadway and drainage improvements for the final plat of Maple Ridge Phase 6A PL20170002650 aand authorize the release of the manitenance securities in the anount of $597,454.58)16.A.3
03/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Maple Ridge Phase 6A, Application Number PL20170002650, and
authorize the release of the maintenance securities in the amount of $597,454.58.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision and authorize the maintenance security release.
CONSIDERATIONS:
1) On June 25, 2020, the Growth Management Department granted preliminary acceptance of the roadway
and drainage improvements in Maple Ridge Phase 6A.
2) The roadway and drainage improvements will be maintained by Maple Ridge at Ave Maria Homeowners
Association, Inc., Ave Maria Utility Company, LLLP, Ave Maria Stewardship Community District, and
Ave Maria Master Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on January 23, 2023 and recommends final
acceptance.
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 10.02.05C of the Land Development Code, a copy of the
document is attached.
FISCAL IMPACT: The existing security in the amount of $597,454.58 will be released upon Board approval and
is based on the work performed and completed pursuant to the terms of the Construction and Maintenance
Agreements dated August 22, 2019.
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 Maple Ridge
Phase 6A, Application Number PL20170002650, 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 securities.
Prepared by: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Plat Map (PDF)
4. Resolution (PDF)
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16.A.3
03/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 24622
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements for the final plat of Maple Ridge Phase 6A, Application Number PL20170002650, and
authorize the release of the maintenance securities in the amount of $597,454.58.
Meeting Date: 03/14/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
02/07/2023 2:43 PM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
02/07/2023 2:43 PM
Approved By:
Review:
Growth Management Department Diane Lynch
Growth Management Department Jaime Cook
Growth Management Development Review
Growth Management Operations Support
Engineering & Natural Resources
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
County Manager's Office
Board of County Commissioners
Growth Management Department
Division Director
Brett Rosenblum
Evelyn Trimino
Diane Lynch
Additional Reviewer
James C French
Growth Management
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Ed Finn
CMO Completed
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 02/08/2023 1:20 PM
Completed 02/10/2023 10:41 AM
Additional Reviewer Completed
02/13/2023 10:27 AM
Additional Reviewer Completed
02/15/2023 2:40 PM
Skipped 02/21/2023 11:08 AM
Completed 02/22/2023 2:22 PM
Completed 03/02/2023 9:04 AM
Completed 03/02/2023 9:37 AM
Completed 03/02/2023 1:19 PM
Completed 03/02/2023 7:00 PM
03/05/2023 6:26 PM
Completed 03/06/2023 10:17 AM
03/14/2023 9:00 AM
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16.A.3.a
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16.A.3.b
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 22nd day of / /August , 20 19 between
CC AVE MARIA. LLC 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: Maple Ridge at Ave Maria Phase 6A
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:
Developer will cause to be constructed: Roadway, Drainage, water & sewer improvements
within 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 $ 597,454.58 - 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.
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16.A.3.b
.L 6 A L4
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 this Agreement, 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.
All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the 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 =' day of J J 4., 2019
SIGNED IN THE PRESENCE OF:
(Name of Entity) CC Ave Marla, LLC
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Printed Name 7 c
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AGOguen
Printed Name/Title
(President, VP, or CEO) Vice President
(Provide Proper Evidence of Authority)
Printed Name
ATTEST:
.` • '
CRYSTAL K..IZINZEL, CLERIK '
BOARD OF C C(51VI SSIONERS
OF L I , FLORIDA
By:' r
Deputy Clerk i .ES a't1S
By WILLIAM L. MCDANIEL. JR., CHAIRMAN
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Approved as to form and Ieg6if@ji0—""'; Cr"Y•
Sally A. Ashkar, Assistant County Attorney
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16.A.3.b
PERFORMANCE BOND
No.107107246
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables, Florida 33134
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
(800) 873-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Five Hundred Ninety Seven Thousand Four
Hundred Fifty Four Dollars and Fifty Eight cents ($597,454.58) in lawful money of the United States,
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 Maple Ridge at Ave Maria Phase 6A 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 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 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 in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
Packet Pg. 315
16.A.3.b
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this _15th_ day of August 2019.
WITNESSES:
Printed Name SF Mit4A C-.. h-AiZv-j
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Printed Name �{ ; ;' , r •t
STATE OF FLORIDA
COUNTY OF COLLIER
CC Ave Maria, LLC
By: I V
Brian Goguen, Vice Pres
Print Name/Title
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF
_August ,2019, BY_Brian Goguen_Vice President OF CC Ave Maria LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of Florida
Printed Name U/ ,e L.
WITNESSES:
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Printed ame
S f ,, rT- �?/C LS
Printed Name
STATE OF Florida
COUNTY OF Collier
` DIANE L VIGNERI
MY COMMISSION N GG 002374
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EXPIRES: July 13, 2020 Bonded lhru Notary Public *denft" (SEAL)
Travelers Casualty a �urety Compa of America
By:
Huntley A. Hornbeck, 11 Attorney in Fact
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF
_August_, 2019_, BY Huntley A. Hornbeck, II AS ATTORNEY IN FACT OF TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA WHO�S PERSONALLY KNOWN TO ME, OR HAS
PRODUCED AS IDENTIFICATION.
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16.A.3. b
Notary Public - State of.Florida
KRISTIN M. NEIERT
` ' •; FAY COMMiS&ON # GG 079764 SEAL)
I = EXPIRES' May 5.2021
Bowed mru Notary Public Underwriters
is
Printed Name: Kristin M. Neiert
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16.A.3.d
RESOLUTION NO.23-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS IN MAPLE
RIDGE PHASE 6A, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 66, PAGES 56 THROUGH 57,
AND RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on March
13, 2018, approved the plat of Maple Ridge Phase 6A 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 Maple Ridge Phase 6A, pursuant to the
plat thereof recorded in Plat Book 66, pages 56 through 57, and the Clerk is hereby authorized to
release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Maple Ridge Phase 6A will be maintained privately in the future and will
not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
day of 2023.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry "LEI
Assistant County Attorney \u
[17-EIS-03660/1768887/1]
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Page 1 of 1
Rick LoCastro, Chairman
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