Agenda 05/14/2024 Item #16A12 (Resolution - Final acceptance of the roadway and drainage improvements in EllingtonPark PL20180002756)05/14/2024
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Ellington Park, Application Number PL20180002756, and authorize the
release of the maintenance security in the amount of $130,865.32.
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 July 19, 2019, the Growth Management Community Development Department granted preliminary
acceptance of the roadway and drainage improvements in Ellington Park.
2) The roadway and drainage improvements will be maintained by Del Webb Naples Community Association,
Inc., Ave Maria Utility Company, LLLP, and Ave Maria Stewardship Community District.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Community Development Department inspected the improvements on March 15,
2024, 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: Del Webb Community Association, Inc., Ave Maria Utility Company, LLLP, and Ave Maria
Stewardship Community District will maintain the roadway and drainage improvements. The existing securities in
the amount of $130,865.32 will be released upon Board approval. This amount is based on the work performed and
completed pursuant to the terms of the Construction and Maintenance Agreements dated January 11, 2019.
GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as development guarantee and are
released after work is performed.
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 Ellington Park,
Application Number PL20180002756, authorize the Chairman to execute the attached resolution authorizing final
acceptance of the improvements and direct 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. Resolution (PDF)
4. Plat Map (PDF)
16.A.12
Packet Pg. 550
05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 28485
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements for the final plat of Ellington Park, Application Number PL20180002756, and authorize the
release of the maintenance security in the amount of $130,865.32.
Meeting Date: 05/14/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
04/03/2024 1:47 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
04/03/2024 1:47 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 04/03/2024 2:39 PM
Development Review Brett Rosenblum Other Reviewer Completed 04/08/2024 11:15 AM
Operations & Regulatory Management Michael Stark Other Reviewer Completed 04/09/2024 2:59 PM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
04/12/2024 12:47 PM
Unknown Jaime Cook Division Director Completed 04/23/2024 10:49 AM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
04/23/2024 12:50 PM
Growth Management Community Development Department James C French Growth Management Completed
04/23/2024 1:48 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/06/2024 3:36 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/06/2024 3:44 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/06/2024 4:12 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 05/06/2024 7:03 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/07/2024 9:28 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.A.12
Packet Pg. 551
ELLINGTON PARK
LOCATION MAP
16.A.12.a
Packet Pg. 552 Attachment: Location Map (28485 : Final Acceptance - Ellington Park)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this ______day of_____.. 20_l_f\_____ between Pulte Home Company,
LLC hereinafter referred to as "Developer," and the
County, Florida, hereinafter referred to as the "Board.
Board of County Commissionersof Collier
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: Ellington Park
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:required improvements_____________________________
and other infrastructure improvements within thirty six (36) months from the date of approval said
subdivision plat, said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $ 130,865.32
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.
- which amount represents 10% of the
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.12.b
Packet Pg. 553 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
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 of. 20
SIGNED IN THE PRESENCE OF:(Name of Entity)Pulte Horr>e Company, LLC
Bv: //Witness:V \/ <
—
K.UnnPrinted Name?Michael Hueniken, Vice President - Land Development
Printed Name/Title
(President, VP, or CEO)
Witness:(Provide Proper Evidence of Authority)/—
Printed Name:
fJ\V~CCArOS K-Asrcrj
ATTEST:
Crystal K. Kinzel,
^.Controller
Clerk of the Circuit Court BOARD Of
OFxrqw.it
COMMISSIONERS
Y, FLORIDA-
By:__4By: ).[{
Deputy cierk Attest as to Chairmans . L , fAzL-O /v&,\ . tn *•» c\s\
signature only.
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
16.A.12.b
Packet Pg. 554 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
PERFORMANCE BOND
BOND NO. 30060870KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC
24311 Walden Center Dr. #300
Bonita Springs, FL 34134
239-495-4085
(hereinafter referred to as "Owner") and
The Continental Insurance Company, a Pennsylvania company
801 Warrenville Rd., Suite 700
Lisle IL 69532, 630-719-6342
(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 one hundred and thirty thousand, eight hundred
sixty-five dollars, and thirty-two cents {$ 130,865.32 ) 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 Ellington Park and that
certain subdivision shall include specific improvements which are required by Collier
County
This obligation of the Surety shall commence on the date this Bond
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").
Ordinances Resolutions (hereinafter "Land Development Regulations").
is executed and shall
and
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.
16.A.12.b
Packet Pg. 555 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 19th day of December ,20 18
Pulte Home Company, LLC (Principal)WITNESSES:
/ /
By By: // / vT?
- /) *
Gregory S. Rives, Assistant TreasurerJ. Nicholas Sarris
Printed Name N/A
By:
R°ss Ripple
Printed Name
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th
20 18
of: PULTE HOME COMPANY, LLC WHO IS PERSONALLY KNOWN TO ME,
AS IDENTIFICATION.
DAY
OF December , Gregory S. Rives, Assistant Treasurer
OR HAS PRODUCED
Notary Public * State of GEORGIA
(SEAL)lAy^/2/
Pointed Name Shirley E. Hutchins ■I,i7
SURETY/
jWITNESSES:The Continental Insurance Company, a Pennsylvania~ company
VByBy:
• -
Jean Marusak, Attorney-in-FactJ. Nicholas Sarris
Printed Name Printed Name/Title
By C,N/A
Ross Ripple
Printed Name
16.A.12.b
Packet Pg. 556 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
NOTARY ACKNOWLEDGMENT
GEORGIASTATE OF
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th
DAY OF December 2(3_18_ , BY Jean Marusak
ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) OF
, . _ _ _ , lUSUTHTTCU'
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION.
___________ (NAME OF
The Continental
Ci)JSp3Q^
Notary Public State of GEORGIA
i'-.
(SEAL)i\
.C-
%
i-^Shirley E. Hutchins ■ J > 7& ' • » -Cy-4
Printed Name
(Ord No. 15-44, § 3.N)
16.A.12.b
Packet Pg. 557 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
D.Bryce Langen, James Zeumer, James Ossowski, Brien O’Meara, Kelly Yoakam, Kim Hill, Ross
Irwin, Jean Marusak, Ellen Padesky Maturen,Gregory S. Rives, KellyMarie Conlon, Individually
of Bloomfield Hills, MI„ its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In an amount not to exceed Two Million and no/100 Dollars ( $2,000,000.00)
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 28th day of December, 2016.
;£ Ax
The Continental Insurance Company
5*xfi\” • n*.
I SD
I #•p::z•o'.O ■■z
Paul T Bruflat Vice President
State of South Dakota, County of Minnehaha, ss:
On this 28th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania
insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. Mohr v Notary Public
J. MOHR
NOTARY PUBLIC
SOUTH DAKOTA(SR)
My Commission Expires June 23, 2021
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this day of —f ■<^SIj2A2-
The Continental Insurance Company
&
tft*.
n*.,7Sz aQ\o W'w*f IF*
D. Bult Assistant Secretary
Form F6850-4/2012
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Packet Pg. 558 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
ELLINGTON PARK PPL
OPINION OF PROBABLE COST
Prepared For Pulte Home Company, LLC
Revision 01
Waidrop Project Number 133-12
Unit Count (total) 20
SUMMARY
| Item # 1 j Quantity!Description Unit Unit Price Amount
Silt Fence
Signing and Marking
5' Concrete Sidewalk
Type "D" Curb
Handicap Ramps (Complete w/ Cetectaoie warnings)
Inlet Protection
3/4" Asphaitic Concrete (Type S-lil) First Lift
3/4" Asphaltic Concrete (Type S-lli) Second Lift
6" Limerock Base (Compacted and Primed)
12" Stabilized Subrade
Street Lighting
Code Minimum Landscaping
2,582 $1.75 $4,518.451LF
$1,750.00 $1,750.0021LS
$29.75 $42,326 2231,423 SY
$12.00426 $312.00LF
5 8 $400.00 $3,200.00EA
5 $200.007EA S 1,400.00
7 5.46 $6.00 $32 76SY
8 3,057 $6.00 $18,342.00SY
$8.25 $45 0595.46 SY
$3.5010 12 SY S42.00
$32,000.0011LS $32,000.001
12 $15,000.00 $15,000.001LS
$118,968.47
$11,896.85
$130,865.32
SubTotal=
10% Contingency
Total=
Notes:
1) This Opinion of Probable Cost (OPC) shaii be used for permitting purposes only.
2) This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of
this document. Interpretations of these construction costs may affect this OPC, and may require adjustments to delete, decrease, or increase
portions of this OPC.
3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. These costs are sugject to change
due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor.
/'
ZFJeremy H. Arnold,
/ 7 /.r/' e-Date
Florida License ft 66421
COA B8636
16.A.12.b
Packet Pg. 559 Attachment: Bond Basis (28485 : Final Acceptance - Ellington Park)
[24-EIS-05010/1854853/1] Page 1 of 1 RESOLUTION NO. 24-____ 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 ELLINGTON PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 65, PAGES 61 THROUGH 65, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 8, 2019, approved the plat of Ellington Park 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 and plat dedications in Ellington Park, pursuant to the plat thereof recorded in Plat Book 65, pages 61 through 65, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Ellington Park 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 ______________ 2024. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK ____________________________ By: ________________________________ Deputy Clerk Chris Hall, Chairman Approved as to form and legality: ____________________________ Derek D. Perry Assistant County Attorney 4/2/2024CAO16.A.12.c
Packet Pg. 560 Attachment: Resolution (28485 : Final Acceptance - Ellington Park)
16.A.12.d
Packet Pg. 561 Attachment: Plat Map (28485 : Final Acceptance - Ellington Park)
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Packet Pg. 562 Attachment: Plat Map (28485 : Final Acceptance - Ellington Park)
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Packet Pg. 563 Attachment: Plat Map (28485 : Final Acceptance - Ellington Park)
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Packet Pg. 564 Attachment: Plat Map (28485 : Final Acceptance - Ellington Park)
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Packet Pg. 565 Attachment: Plat Map (28485 : Final Acceptance - Ellington Park)