Loading...
Agenda 08/22/2023 Item #16A 3 (Resolution-final acceptance of Marquesa Isles of Naples)08/22/2023 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 Marquesa Isles of Naples, Application Number PL20160002811, and authorize the release of the maintenance security in the amount of $197,105.10. 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 June 17, 2019, the Growth Management Department granted preliminary site acceptance of the private roadway and drainage improvements in Marquesa Isles of Naples. 2) The project’s property owner’s association will maintain the roadway and drainage improvements. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on July 5, 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 10.02.05 C of the Land Development Code. A copy of the resolution is attached. FISCAL IMPACT: The project's homeowner’s association will maintain the roadway and drainage improvements. The existing security of $197,105.10 will be released upon Board approval. The original security of $1,752,433.10 has been reduced to the current amount of $197,105.10 based on the work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated March 3, 2018. GROWTH MANAGEMENT IMPACT: No growth management impact is 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 Marquesa Isles of Naples, Application Number PL20160002811, authorize the attached resolution for final acceptance of the improvements and plat dedications and authorize 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. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) 16.A.3 Packet Pg. 327 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 26145 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 Marquesa Isles of Naples, Application Number PL20160002811, and authorize the release of the maintenance security in the amount of $197,105.10. Meeting Date: 08/22/2023 Prepared by: Title: Technician – Development Review Name: Lucia Martin 07/17/2023 3:58 PM Submitted by: Title: Environmental Specialist – Growth Management Community Development Department Name: Jaime Cook 07/17/2023 3:58 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/17/2023 4:05 PM Development Review Brett Rosenblum Additional Reviewer Completed 07/19/2023 10:30 AM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 07/19/2023 2:08 PM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 07/19/2023 2:15 PM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 07/20/2023 5:04 PM Growth Management Community Development Department Jaime Cook Division Director Completed 07/25/2023 11:27 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/02/2023 7:59 AM Growth Management Community Development Department James C French Growth Management Completed 08/14/2023 5:25 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2023 8:29 AM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 08/15/2023 9:29 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2023 9:32 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/15/2023 9:50 AM Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 16.A.3 Packet Pg. 328 MARQUESA ISLES OF NAPLES LOCATION MAP 16.A.3.a Packet Pg. 329 Attachment: Location Map (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.b Packet Pg. 330 Attachment: Resolution (26145 : Final Acceptance - Marquesa Isles of Naples) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 3vA day ofVUrrVs. / / , 20 .is between County Barn investors,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: Marguesa isles of Naples 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: 1. Developer will cause to be constructed: Roadway, Drainage, Water & Sewer Improvements within 9 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 $1,752,433.10 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 16.A.3.c Packet Pg. 331 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) 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 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. 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 the Developer have caused this Agreement to be executed by their duly authorized representatives this day ofV-^o^cW-V / , 201? • SIGNED IN THE PRESENCE OF: (Name of pfftity) County Bprn Investors, LLC Bv: /„ /f (/ ' " Printed Name > SHERRY S. DODDEMA / n . Printed Name/Title . 0 „ , . (President, VP, or CEO) James R' Sch,er' Manager (Provide Proper Evidence of Authority) Printed Name . ... _ __ . Pnscilla G. Heim ATTEST: DWIG^" E. BROCK, CLERK f~~ BOARD O^Ol^>C£OMjy|l^«5N^S OF Ct^lER^UNTY.TLC^y^ /si / "DejSttfy Clerk Attest a5 to ChckUlHcHt i fSWBMBn Approved asfto $fitl4iH!£l6jjlility: A )/\L Assistant County Attorney 16.A.3.c Packet Pg. 332 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) PERFORMANCE BOND BOND NO. CS9826990 KNOW ALL PERSONS BY THESE PRESENTS: that County Barn Investors, LLC (Name of Owner) 28100 Bonita Grande Drive, Ste 106 (Address of Owner) Bonita Springs, FL 34135 (Address of Owner) (Hereinafter referred to as "Owner") and Great American Insurance Company (Name of Surety) 301 E Foruth Street (Address of Surety) Cincinnati, OH 45202 (Address of Surety) (513) 369-5000 (Telephone Number) (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 °"°M"°"s"""HlJ"d,*dF%T*"Th°usani'FourDollars ($1,752,433.10 ) jn 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 of a certain subdivision plat named Marquesa isles of Naples 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 16.A.3.c Packet Pg. 333 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of /rfg ? c / ,2 0/ / . WITNESSES: (Owner Nariie and Title if Corporation) County Barn Investors, LLC / *0 sf / £e/w By: /Z -£/- Printed Name/Title James R. Schier, Manager ^6. watte (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF f WrM COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF yWftrcU fc / 20 ( & , by OfrufyaJT j<s (NAME OF ACKNOWLEDGER) AS !YVo.*\«^or (TITLE) OF C-frJLlw ^Ai/aVorS QSIAME OF COMPANY) WiiQJS-B££SQNALLY KNOW TO ME. OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of (SEAL) - « -t^ , ..tfVVjjv SHERRY3. DODDEMA ^ CommissionIFF^TOO31 Printed Narfje f^Tlm Treyfain tnawna600-365-7019 16.A.3.c Packet Pg. 334 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) WITNESSES: Great American Insurance Company /j Jfa&kih, (v? By: ' 'A\ ,X/Wkv fPfr ' /J By: ' 'A\ ,X/Wkv fPfr ' /J Printed Name Printed Name/Title Frederic M. Archerd, Jr., Attorney-in-Fact and Florida Licensed Resident Agent (Provide Proper Evidence of Authority) 4if A rinted Name ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 7^_ DAY OF March, 2018, BY Frederic M. Archerd, Jr. (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact and Florida Licensed Resident Agent (TITLE) OF Great American Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Personally Known AS IDENTIFICATION. Notary Public - State of Florida (SEAL) Mary Lanqley Printed Name MARYLANGLEY A '>; Notary Public - State of Florida My Comm. Expires Mar. 20, 2019 Commission # FF 208822 16.A.3.c Packet Pg. 335 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 20517 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name FREDERIC M. ARCHERD, JR. TANYA L. RUSSO RICHARD P. RUSSO, JR. MARY MARTHA LANGLEY Address ALL OF TAMPA, FLORIDA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14TH day of OCTOBER , 2015 Attest c. 2 GREAT AMERICAN INSURANCE COMPANY Assistant Secretary (jbtutlO. Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID c KITCHIN (877-377-2405) On this 14TH day of OCTOBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. 8usanA.Kohont Notary Pubic, State of ONo My Commission Es^ires 06-18-2020 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney ar.d the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this day of Ar1- C Assistant Secretary S1029AF (06/15) 16.A.3.c Packet Pg. 336 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) Principal: Obligees: Surety: Bond Number SUBJECT: CONSENT OF SURETY BOND RIDER To be attached and made part of Bond: County Barn Investors, LLC Board of County Commissioners of Collier County, Florida Great American Insurance Company cs9826990 Marquesr Isles of Nrples KNOW ALL MEN BY THESE PRESENTS, that the Surety acknowledges and agrees to the following: The aforesaid Bond shall be and it is hereby amended as follows: Reduction in bond amount from $1,752,433.10 to $197,105.10, per letter dated August l, 2019 from John R. Houldsworth The referenced Performance Bond shall be subject to all its agreements, limitations and conditions, except as herein modified, said Performance Bond shall be and remain in full force and effect. Effective, signed, sealed and dated this l'r day ofAugust, 2019 Coun Barn Principal S (SEAL) BY Florida Langley, Attorney-in-fact Licensed Resident Agent EAI) / Creat American Insurance Comoany 16.A.3.c Packet Pg. 337 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) GREAT AMERICAN TNSURANCE COMPANY@ Administrarive office: 301 E4TH STBEET . clNclNNATl, OHlo 45202 . 513-369-5000 . FAX 513-723-2740 The nurnber of penons authorized by this power of attomey is nol more than FOUR No. 0 21328 POWER OFATTORNEY KNOWALL MEN BYTHESE PRESENTS: That thc GREATAMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue ofthe laws ofthe State ofOhio. does hereby nominate. conslitute and appoint the pe6on or persons named below. each individually if more than one is named, its true snd lawful attomey-in-fict, for it and in its nsme, place and stead to execute on behalfofthe said Company. ,rs surety, any and all bonds. undenakings and contracts of suretyship, or other *rittm obligations in the nature thercof; provided that the liability ofthe said Company on any such bond. undennking or conEscl of suretyship executed under this authority shall not exceed the limit stated below. FREOERIC M- ARCHERO, JR TANYA L. RUSSO RICHARD P. RUSSO, JR. MARY MARTHA LANGLEY Name &trilAlOuC l{o|ErftllqbdC$ ilyCmrllltBsbCliim Address ALL OF TAMPA, FLORIDA Limil of Power ALL tr 00.000.m0 This Power ofAttorney revokes all previoui powers issued on behalfof the atlomey(s)-in-fact named above- IN WITNESS WHEREOF rhe GREATAMERICAN INSURANCE COMPANY has caused tlese prcsents to b€ signed and altested by its appropriate omcels and ils corporate seal hereunto amxed this 'l8Tll day of JUNE 2019t$cr.3_o*'*n"'"'o*fiiil,.* Dirisionol S.niot li.c Pesilh! STATE OF OHIO. COU NTy OF HAMILTON - ss: MAFK vrcAFro (87..'377'2405) On this 18TH day of JUNE , 2019 , beforemepcrsonallyapperred MARK VICARIO, tome knorin. being duly swom, deposes and says (hat he resides in Cincinnati, Ohio, that he is & Divisional Senior Vce President ofthe Bond Division o[Grea! American Insumnce Company. the Company described in and which executed the above instrumenti lhat he knows the seal ofthc said Company: thal the seal amxed to the said instrument is such corpomte seal; that i! w&s so affixed by authorily ofhis omce under the By-Llws ofsaid Company. and lhat he siSned his name thereto by like aulhority. 4t"*4,.* This Power ofAttomey is ganted by authority ofthe follou'ing resolutions adopted by the Board ofDire,cton o f Great American lnsumnce Company by unanimous written consent daled June 9, 2008- RI:SOt"t [:t): fhat iirc Lrt'tsutt,tt I'tctulcnr.inc Presidents, or any one of them, be and hereblt is authofized, fmrn time to lime. to appoint one or morc Attome$-in-Fact b crecute on bchol/ o[the Company, as surett, anv ond ull bonds, uhdertakingt a d contracts of suretyship, or other $'riren obligdtions in the nature thercof: to prescribe the ir rspecti,c duties and the fesPective linits ot lheir authoirr-: and to rcwle atry such appointment at any ai e- RESOL|ED FURTHER: fiot the Comph)r' seal uul the signaturc of anf of the albresaid ofrcers an l an!- Secfttary or Assistam Sccrerory ol thc Company ma1bc ofiitcd b!'lAcsimile ro onv pottct oJ attomc! or certilcate oIeithet gi*n Jbr the execTtion o-l an), bond, unde aking, contract ol tureq'ship, or o,her x.ritlet obligation in the ndture lherpol, such signal.l'e and scal tthen so used heing hereby adopted by the Corynny as the otiginal signoture ol such ollcet and thc original seol oJ the Conpany, to be valid and binding upon the Compon! with the same.force and efi'cct as though nonually ofued. CERTIFICATION I, STEPHEN C. BERAHA. Assistant Secretary ofGreat American Insumnce Company, do hereby cenify thal the for€going PowerofAtlorney ard the Resolutions oflhe Board oI Directors ofjune 9. 2008 have not been rBvoked and are now in full force and effect. Signed and sesled this .ao19 sl 029AG (07/1 3) f,sJ a"r"tA^gaJ€ 3_ ffi 4.r. 16.A.3.c Packet Pg. 338 Attachment: Bond Basis (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.d Packet Pg. 339 Attachment: Plat Map (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.d Packet Pg. 340 Attachment: Plat Map (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.d Packet Pg. 341 Attachment: Plat Map (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.d Packet Pg. 342 Attachment: Plat Map (26145 : Final Acceptance - Marquesa Isles of Naples) 16.A.3.d Packet Pg. 343 Attachment: Plat Map (26145 : Final Acceptance - Marquesa Isles of Naples)