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Agenda 07/11/2023 Item #16A4 (Resolution - Final plat of Fiddler's Creek Plaza Application)16.A.4 07/ 11 /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 Fiddler's Creek Plaza, Application Number PL20160003105, and authorize the release of the maintenance security in the amount of $56,717.90. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision and authorize the release of the maintenance security. CONSIDERATIONS: 1) On June 23, 2021, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Fiddler's Creek Plaza. 2) The roadway and drainage improvements are private and will be maintained by Fiddler's Creek Community Development District. 2, and Fiddler's Creek Plaza I Association, Inc. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on May 23, 2023 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 Fiddler's Creek Community Development 2, and Fiddler's Creek Plaza I Association, Inc. The existing security in the amount of $56,717.90 will be released upon Board approval. The original security in the amount of $754,103.90 has been reduced to the current amount of $56,717.90 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated March 1, 2021. As provided above, the roadway and drainage improvements are private and will be maintained by Fiddler's Creek Community Development District. 2, and Fiddler's Creek Plaza I Association, Inc and not the responsibility of the County. 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 Fiddler's Creek Plaza, Application Number PL20160003105, and authorize: 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, Project Manager I, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) Packet Pg. 253 16.A.4 07/11/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doe ID: 25675 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements and plat dedications, for the final plat of Fiddler's Creek Plaza, Application Number PL20160003105, and authorize the release of the maintenance security in the amount of $56,717.90. Meeting Date: 07/11/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 05/31/2023 2:58 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 05/31/2023 2:58 PM Approved By: Review: Development Review Brett Rosenblum Additional Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department Diane Lynch Operations & Regulatory Management Michael Stark Additional Reviewer Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management and Community Development Department Jaime Cook Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners 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 Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/01/2023 10:19 AM Additional Reviewer Completed 06/01/2023 9:34 PM Growth Management DepartmentCompleted 06/06/2023 7:03 PM Completed 06/09/2023 9:21 AM Completed 06/12/2023 11:10 AM Division Director Completed 06/14/2023 7:52 AM Growth Management Completed 06/15/2023 6:36 PM Completed 06/20/2023 2:34 PM Completed 06/20/2023 2:38 PM Completed 06/21/2023 9:07 AM Completed 06/29/2023 6:07 PM Completed 07/03/2023 9:13 AM 07/11/2023 9:00 AM Packet Pg. 254 16.A.4.a FIDDLER'S CREEK PLAZA LOCATION MAP Q Packet Pg. 255 16.A.4. b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 1s1; day of March , 20 ?2 between F� P,esve.LLCZMFCOYserkato.LC hereinafter referred to as "Developer", and 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: Fiddlers creek Plaza 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. Excavation of the drainage lake, construction of Sandpiper Lane, extension of utilities (sewer, water, fire), construction of a Developer Will cause to be constructed: berm and installation of landscaping, and ether associated improvements. within 12 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 $ 754,103.90 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 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 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 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 designee to inspect the required improvements. The County Manager or 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. Packet Pg. 256 16.A.4.b 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 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 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. 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 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 binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and tl�,e Developer have caused this Agreement to be executed by their duly authorized representatives this T day of t 20 SIGNED IN THE PRESENCE OF: (Name of Entity) "AS TO ALL OWNERS" FCC Preserve, LLC Witness: ' � By. Printed Na / Aubrey J. Ferrao President and CEO of FCC Preserve and not in his individual capacity Witness: (Name ntity) FG` Oyster H � �LC—� Printed Name: Aubrey J. Ferro President and CEO of FC Oyster Harbor, LLC and not in his individual capacity ATTEST: CRY,p-rAL'K,'KtNZE-L CLERK BOAPD OF COUNTY COMMISSIONERS 4, , OF F ...; IER COUNTY, f@RIQO By= By: r Deputy C16 ;` 'Penny TayZ . r, Chi i roman Appro 5t. #ality: sipature only. Derek D. Perry Assistant County Attorney Packet Pg. 257 Exhibit "A" 16.A.4. b COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. K15492144 KNOW ALL PERSONS BY THESE PRESENTS: that FC OYSER HARBOR, LLC FCC PRESERVE, LLC 8156 FIDDLER'S CREEK PKWY NAPLES, FL 34114 (hereinafter referred to as "Owner") and WESTCHESTER FIRE INSURANCE COMPANY 202B HALL'S MILL ROAD, WHITEHOUSE STATION, NJ 08889 (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 Seven Hundred Fifty Four Thousand One Hundred Three & 90/100 Dollars ($754,103.90) 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 Fiddler's Creek Plaza 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 Performance Bond — Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 1 of 3 Packet Pg. 258 16.A.4. b 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this r! day of 4t c, i,— L -43- WITNESSES: Aubrey J. Ferrao President and CEO of FC Oyster Harbor, LLC and not in his individual capacity q �1 B Prin Name ' , J ear AubreyJ. Ferrao, as President nd CEO MI...�< l d 'Ne: Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFX PHYSICAL PRESENCE OR ❑ ONLINE NOTARATIZTION THIS DAY OF tilt / 1-$r' , 20-2,1 , BY AUBREY J. FERRAO AS PRESIDENT AND CEO AND NOT INDIVIDUALLY OF FC OYSTER HARBOR LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF FLORIDA (SEAL) y�' 0w, Notary Public State of Fbride ;4 Joseph Livio Parisi My commission GG 251771 A 611— -a� Expires 08/22/2022 PRINT NAM ;: -1" ' / [THE REMAINDER OF HIS PAGE IS INTENTIONALLY I,EFT BLANK] [SIGNATURE OF FCC PRESERVE, LLC ON NEXT PAGE] Performance Bond — Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 2 of 3 Packet Pg. 259 16.A.4. b IN WITNESS WHEREOF, the parties hereto have gaused this PERFORMANCE BOND to be executed this lit' day of Yl �� WITNESSES: Aubrey J. Ferrao President and CEO of FCC Preserve, LLC and not in his individual capacity By: j:�� 74 Printe ame LC Lr'✓, v cn v ' Aubrey J. Fe rao, as Pres' ent and CEO (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OFCOLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE M , BY MEANS O PHYSICAL PRESENCE OR ❑ ONLINE NOTARATIZTION "PHIS DAY OF��, it , 22 , BY AUBREY J. FERRAO AS PRESIDENT AND CEO AND NOT INDIVIDUALLY OF FCC PRESERVE, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF FLORIDA (SEAL) PRINT AME: Fyn Notary Public State of Florida Joseph LiVio Parisi My commission GG 251771 aps Expires 08/22/2022 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24`I' day of February, 2021 SURETY ACKNOWLEDGEMENT ITN S: Westchester F' nsura an B: Kelly O' , VV-itn'eGs Annette Audmot, Attorney -In -Fact FL Non -Resident License# W311780 ristin S. Bender, Witness Performance Bond — Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 3 of 3 Packet Pg. 260 16.A.4. b State of New Jersey County of Morris } ss: On February 24, 2021 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared April D. Perez known to me to be Attorney -in -Fact of Westchester Fire Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires April 16, 2024 April Perez /-I Notary Public "-�RIL PEREZ NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES APR. 16, 2n24 Packet Pg. 261 16.A.4. b CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Annette Audinot each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10t6 day of March, 2020. R,vrn M. Chlor( , ;\waant secretary Stephen %I Ilancl. Vice President STATE OF NEW JERSEY County ofHunterdon ss. On this 101° day of March, 2020 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies: and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal K ERINE E R 7� NOTARYY PUBLIC O NEW OF NEW JERSEY PUBLIC No. 2316885 C y ornrnlssfon Expires July 16. 2024 wxxry PUMk �PJERg� CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf ofthe Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duly appointed attorney -in -fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney -in -fact. (3) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney - in -fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification crone or more particular Written Commitments. (5) The signature orally officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." L Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, 00 the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals ofsaid Companies at Whitehouse Station, NJ, this February24, 2021 0� ffff------ Ikrv:n 11.Chixt t�.:\�d:amt>crrcrn�� IN THE EVENT YOU WISII TO VERIFY THE AUTHENTICITY OFTHIS BOND OR NOTIFY US OF ANY OTI IER MATTER. PLEASE CONTACT US AT: Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surery@chubb corn LL LL a Combined: FED-VIG-PI-WRC-AAIC (rev. 11-19) Packet Pg. 262 16.A.4. b DocuSign Envelope ID: CCF7D358-9625-47C6-8B4G6EAB7BF6431 E WESTCHESTER FIRE INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (in thousands) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (17,346) Outstanding Losses and Loss Expenses $ United States Government, State and Municipal Bonds Reinsurance Payable on Losses and Expenses Other Bonds 106,879 Unearned Premiums Stocks 56,172 Ceded Reinsurance Premiums Payable Other Invested Assets 28 6,008 Other Liabilities 100,006 TOTAL INVESTMENTS 151,741 TOTAL LIABILITIES 100,006 Investments in Affiliates - Capital Stock Premiums Receivable Paid -In Surplus ,000 5000 Other Assets 92,830 Unassigned Funds 59,856 79.709 SURPLUS TO POLICYHOLDERS 144,565 TOTAL ADMITTED ASSETS $ 244,571 TOTAL LIABILITIES AND SURPLUS $ 244,571 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31. 2019, investments with a carrying value of $12,787,328 were deposited with government authorities as required by law. A fC m STATE OF PENNSYLVANIA � C COUNTY OF PHILADELPHIA p m John Taylor, being duly sworn, says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Companys financial condition as of the 31 st day of December, 2019. E D-ORoft8bliore me this _ .�(�.'� Z-<.% Z.i: E Jhn. `Ca.�ur ti tv L'2 r enior ice President f ( 10 Notary Public ! } My commission expires Commonwealth of Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8, 2023 Commission number 1235745 Member, Pennsylvania Association of Notaries Packet Pg. 263 16.A.4. b FIDDLER'S CREEK PLAZA PPL Submittal Engineer's Opinion of Probable Cost - Site Infrastructure Prepared by: GradyMinor Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 June 24, 2019 Revised: October, 2019 Digitally signed by Marls W. Minor, P.E. Date: 2020.02.28 16:02:28-05'00' Mark Woodrow Minor, P.E. Florida Registration No. 45324 11ggm.localities\EngineeringlPROJ-ENGVFIFCPPPL106DP103PPL DP1Cost EstimatelFCPPL_OPC_County Rev 3 Packet Pg. 264 16.A.4. b FIDDLER'S CREEK PLAZA PPL Submittal Engineer's Opinion of Probable Cost General Conditions Unit Quantity Price Total Mobilization LS 1 $ 3,300.00 $ 3, 300.00 Silt Fence (Perimeter) LF 4,210 $ 1.25 $ 5,262.50 Silt Fence (Lake) LF 783 $ 1.25 $ 978.75 Construction Entrance/Tracking Control MO 6 $ 500.00 $ 3,000.00 Demolition LS 1 $ 5,335.50 $ 5,335.50 Sub -Total $ 17,876.75 Earthwork/Demolition Unit Quantity Price Total Top Strip AC 36 $ 1,000.00 $ 36,000,00 Proof Rolling AC 35 $ 200.00 $ 7,000.00 Grade Future Tracts SY 18450 $ 0.75 $ 13,837,50 Grade Perimeter Berm SY 1015 $ 1.25 $ 1,268.75 Subtotal $ 58,106.25 Roadway Unit Quantity Price Total 12" Compacted Subgrade (including material) SY 6,155 $ 10.00 $ 61,550.00 8" Limerock Base (Compacted and Primed) SY 5,352 $ 8.00 $ 42,816.00 1.5" Asphaltic Concrete Type SP-12.5 5Y 5,352 $ 9.00 $ 48,168.00 1" Asphaltic Concrete Type SP-9.5 SY 10,540 $ 7.00 $ 73,780.00 Valley Gutter LF 320 $ 14.00 $ 4,480.00 Type "A" Curb LF 401 $ 13.00 $ 5,213.00 Type "F" Curb LF 1,512 $ 16.00 $ 24,192.00 Type "D" Curb LF 40 $ 12.00 $ 480.00 Modified Type "E" Curb LF 789 $ 30.00 $ 23,670.00 Concrete Sidewalk SF 12,511 $ 3.00 $ 37,533.00 Handicap Curb Ramps EA 4 $ 500.00 $ 2,000.00 Signing (Traffic Control, Striping) LS 1 $ 7,082.00 $ 7,082.00 Bahia Sod (3' Wide from Back of Curb) SY 1,653 $ 5.00 $ 8,265.00 Wheel Stops LS 1 $ 150.00 $ 150.00 Sub -Total $ 339,379.00 Storm Drainage Unit Quantity Price Total 30" RCP LF 96 $ 44.00 $ 4,224.00 18" RCP LF 544 $ 33.00 $ 17,952.00 24" RCP LF 44 $ 40.00 $ 1,760.00 36" RCP LF 190 $ 54.00 $ 10,260.00 Junction Box EA 4 $ 2,913.00 $ 11,652.00 1$ FES EA 2 $ 2,200.00 $ 4,400.00 24" FES EA 1 $ 2,800.00 $ 2,800.00 36" FES EA 2 $ 3,200.00 $ 6,400.00 Throat Inlet EA 2 $ 2,950.00 $ 5,900.00 WQ Structure EA 1 $ 3,350.00 $ 3,350.00 Throat Inlet (Type 9) EA 2 $ 3,250.00 $ 6,500.00 Control Structure (Existing to be modified) EA 1 $ 2,500.00 $ 2,500.00 Sub -Total $ 77,698.00 Sanitary Sewer System Unit Quantity Price Total 6" Single Service EA 6 $ 300.00 $ 1,800,00 6" C900 DR14 PVC Lateral LF 248 $ 12.00 $ 2,976.00 4" DR18 PVC (County) LF 572 $ 15.00 $ 8,580.00 u_ u_ \\ggrn.localViles\Engineering\PROD-ENG\F\FCPPPL\060P\03PPL DP\Cost Estimate\FCPPL_CPC_County Rev 3 Page 2 Packet Pg. 265 16.A.4.b FIDDLER'S CREEK PLAZA PPL Submittal Engineer's Opinion of Probable Cost 4" DR14 PVC (County) LF 67 $ 18.00 $ 1,206.00 6" DR18 PVC (County) LF 572 $ 20.00 $ 11,440.00 6" DR14 PVC (County) LF 84 $ 23.00 $ 1,932.00 2" DR14 PVC (Pivate) LF 227 $ 12.00 $ 2,724.00 Connect to existing system LS 1 $ 2,300.00 $ 2,300.00 Remove existing Cleanout and lateral LS 1 $ 1,786.00 $ 1,786.00 6" Plug Valve with Box EA 2 $ 2,100.00 $ 4,200.00 4" Plug Valve with Box EA 3 $ 1,800.00 $ 5,400.00 2" Plug Valve with Box EA 1 $ 1,200.00 $ 1,200.00 Sub -Total $ 45,544.00 Potable Water Distribution System Unit Quantity Price Total 6" PVC Main (C-900, DR 14) - Water LF 101 $ 20.00 $ 2,020.00 8" PVC Main (C-900, DR 14) - Fire LF 308 $ 23.00 $ 7,084.00 12" PVC Main (C-900, DR 18) LF 769 $ 25.00 $ 19,225.00 12" Gate Valve with Box EA 3 $ 2,000.00 $ 6,000.00 8" Gate Valve EA 4 $ 3,150.00 $ 12,600.00 4" Gate Valve EA 2 $ 1,000.00 $ 2,000.00 12"X4" Tee EA 1 $ 2,550.00 $ 2,550.00 12"X6" Tee EA 3 $ 3,000.00 $ 9,000.00 12"X8" Tee EA 2 $ 3,500.00 $ 7,000.00 12"X2" Saddle (w/2"GV) EA 1 $ 2,400.00 $ 2,400.00 Fire Hydrant Assembly (W/6"GV) EA 2 $ 4,250.00 $ 8,500.00 Single Water Service EA 1 $ 551.00 $ 551.00 Permanent Bacterial Sample Point EA 1 $ 3,000.00 $ 3,000.00 Sub -Total $ 72,826.00 Electric / Street Lights / Conduit Unit Quantity Price Total Conduit crossings LS 1 $ 5,000.00 $ 5,000.00 FPL - Pre wire LS 1 $ 5,458.00 $ 5,458.00 Street Lights (Relocate) LS 1 $ 7,500.00 $ 7,500.00 Street Lights (New) EA 2 $ 4,500.00 $ 9,000.00 Sub -Total 1 $ 26,958.00 Irrigation / Lake Littoral Plantings Unit Quantity Price Total Relocate and Repair Irrigation LS 1 $ 30,000.00 $ 30,000.00 Landscape (Code Min) LS 1 $ 15,000.00 $ 15,000.00 Littoral Planting Signs EA 2 $ 75.00 $ 150.00 Lake Littoral Plantings SF 2,011 $ 1.00 $ 2,011.00 Sub -Total $ 47,161.00 Total $ 685,549.00 u_ u_ Q \\ggm.local\files\Engineering\PRO1-ENG\F\FCPPPL\06DP\03PPL DP\Cost Estimate\FCPPL_0PC_County Rev 3 Page 3 Packet Pg. 266 16.A.4.b CO ter C OUHty Growth Management Department March 7, 2022 Development Review Division Westchester Fire Insurance Company 202 B Hall's Mill Road Whitehouse Station, NJ. 08889 RE: Performance Bond No. K15492144 / FC Oyster Harbor LLC Fiddler's Creek Plaza PPL20160003105 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 $697,386., leaving an available surety of $56,717.90. The remaining surety represents uncompleted improvements, plus the 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". This reduction will become effective upon our receipt of the original Bond Rider. If I can be of any further assistance to you in this regard, please let me know. Sincerely, JOHN HOUIDSWGR79 N m m John R. Houldsworth 0 Senior Site Plans Reviewer m With authority in these matters a� E �a Cc: Grady Minor a Deveko nt Rewiew Denson • 2800 North Horseshoe Drn+e • Naples, Florida 34104.23K52-2400 • www collierwunt4.gar Packet Pg. 267 SURETY RIDER 16.A.4.b To be attached to and form a part of Bond No. K15492144 dated August 18, 2020 effective (MONTH -DAY -YEAR) FC Oyster Harbor LLC & FCC Preserve LLC executed by (PRINCIPAL) and by Westchester Fire Insurance Company in favor of Collier County Board of County Commissioners , as Surety, (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Decrease Bond Amount From: Seven Hundred Fifty Four Thousand One Hundred Three & 90/100 Dollars ($754,103.90) To: Fifty Six Thousand Seven Hundred Seventeen & 90/100 Dollars ($56,717.90) , as Principal, Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated This rider March 7, 2022 is effective (MONTH -DAY -YEAR) Signed and Sealed July 27, 2022 (MONTH -DAY -YEAR) FC Oyster Harbor LLC & FCC Preserve LLC (PRINCIPAL) By: (PRINCIPAL) Westchester Fire Ins�rf�nce Company By: I Y Annette Audinot, Attorney -in -Fact, FL Non -Resident License #W311780 N 0 a Y N d U Y) a� I.L m v C R .r N v v a C LL L ti to L0 N N .N R m c 0 m N E t U w r Q S-0443/GEEF 10/99 Packet Pg. 268 16.A.4.c RESOLUTION NO. 23- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN FIDDLER'S CREEK PLAZA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGES 10 THROUGH 14, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved the plat of Fiddler's Creek Plaza for recording on July 14, 2020; 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 and plat dedications in Fiddler's Creek Plaza, pursuant to the plat thereof recorded in Plat Book 69, pages 10 through 14, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage c improvements within Fiddler's Creek Plaza, will be maintained privately in the future and will G not be the responsibility of Collier County. c as This Resolution adopted after motion, second and majority vote favoring same, this day of , 2023. E DATE: BOARD OF COUNTY COMMISSIONERS r ATTEST: COLLIER COUNTY, FLORIDA a CRYSTAL K. KINZEL, CLERK By: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality. Derek D. 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