Agenda 10/22/2024 Item #16A 5 (Resolution - Final acceptance for the final plat of Founders Square)10/22/2024
Item # 16.A.5
ID# 2024-1223
Executive Summary
*** This item continued from the October 8, 2024, BCC Meeting. *** 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 Founders Square, Application Number PL20190000344, and authorize the release of the maintenance security in
the amount of $575,493.19.
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 August 30, 2021, the Growth Management Department granted preliminary acceptance of Founders Square
roadway and drainage improvements.
2. The roadway and drainage improvements, except for the sidewalk easements (SWE) in Tract H-2, will be
maintained by the Founders Square Umbrella Association, Inc. The sidewalk easements (SWE) were dedicated to the
County on the plat with responsibility for maintenance, and the County will accept maintenance responsibility for these
sidewalk easements.
3. The required improvements have been constructed in accordance with the Land Development Code. The Growth
Management Department inspected the improvements on August 9, 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: The roadway and drainage improvements will be maintained by Founders Square Umbrella
Association, Inc. Maintenance costs for the sidewalk easements (SWE) will be from the Transportation Services
Operations and Maintenance Budget. The existing security in the amount of $575,493.19 will be released upon Board
approval. The original security in the amount of $6,330,421 has been reduced to the current amount of $575,493.19
based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement
dated December 23, 2019.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Founders Square,
Application Number PL20190000344, and authorize:
1. 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 Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 1333 of 7162
10/22/2024
Item # 16.A.5
ID# 2024-1223
3. Resolution
4. Plat Map
Page 1334 of 7162
FOUNDERS SQUARE
LOCATION MAP
Page 1335 of 7162
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCT!� AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 2 .. 3/' day of December , 2019 between BCHDPartners II, LLC 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: FOUNDERS SQUARE
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: Roadways, storm drainage a=n.;;;..d ..;;;.ut=ili__.ty....;.in....;.fr;..;;.a..;;..st.;..;ru.;..;;.ct.;;.;;;u.;..;re;.;... _______ _
within _3§.._ 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 $ 6,330,421.00 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.
Page 1336 of 7162
7.Six (6) months after the execution of this Agreement and once within every six (6) months thereafter theDeveloper may request the County Manager or designee to reduce the dollar amount of the subdivisionperformance security on the basis of work complete, Each request for a reduction in the dollar amount ofthe subdivision performance security shall be accompanied by a statement of substantial completion by theDeveloper's engineer together with the project records necessary for review by the County Manager ordesignee. The County Manager or designee may grant the request for a reduction in the amount of thesubdivision 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, uponcertification of such failure, the County Manager or designee may call upon the subdivision performancesecurity to secure satisfactory completion, repair and maintenance of the required improvements. TheBoard shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant topublic advertisement and receipt and acceptance of bids, the improvements required herein. TheDeveloper, as principal under the subdivision performance security, shall be liable to pay and to indemnifythe Board, upon completion of such construction, the final total cost to the Board thereof, including, but notlimited to, engineering, legal and contingent costs, together with any damages, either direct orconsequential, which the Board may sustain on account of the failure of the Developer to fulfill all of theprovisions of this Agreement.
9.All of the terms, covenants and conditions herein contained are and shall be binding upon the Developerand the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the D�veloper have caused this Agreement to be executed bytheir duly authorized representatives this z3r day of JYce V)\\D� , 20 '!_? .
SIGNED IN THE PRESENCE OF:
'
By:�� R . ' . . ;
Assistant County Attorney
BCHD Partners II, LLC
a Florida limited liability company,
By: BCAM, LLLP
Its: Manager
By: BARRON COLLIER CORP.
Its: General Partner
By:
OARD OF COUNTY COM
OF
/2. 23 I
COLLIER COUNTY, FLORIDA
By:_ Chairman
Item# \c.,ft.q
. 3� Cons ted to on this�day of December 2019 by:Date •-. g,JQ
Rec'd \ Tree Pl teau
B �-=-----4-\ �V4:\A-nt
Qw ��• eputyt1'er
Page 1337 of 7162
Exhibit "A"
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
BCHD Partners II, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as "Developer") and
Nationwide Mutual Insurance Company
1100 Locust Street
Des Moines, IA 50391-2006
(866)387-0457
BOND: 7901079760
(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 Six Million Three Hundred Thirty Thousand Four
Hundred Twenty-one Dollars and 00 Cents ($ 6,330,421.00) 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 FOUNDERS SQUARE 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.
Page 1338 of 7162
BOND:79OLO79760
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
M(ub,r2o2r
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
M pHvsrcAl pRESENCE oRfl oNLTNE NorARrzATroN THrs 3oth pAy oF NoVEMBER. 2021, By
BRlANGoGUEN'ASVlCEPRESlDENToFBAHHoNCoLLlERCoHPoRATloN,@
KNOWN TO ME. OR HAS PRODUCED OF AS IDENTIFICATION
Notary Public - State of FLORIDA
(SEAL) .
/\
WITNESSES:
By:
Its:
By:
Its:
By:
BARRON COI.I.IER CORP.
Brian Goguen, Vice
BCHD Partners ll, LLC,
a Florida limited liability company,
BCAM, LLLP
Manager
--r I
Printed Name3aLl,., lLz.r),,
t)dyrra-,f. \AJ; thJ^
hlu,ta,t^- q,|il,(hil"
Printed Nam/
ffi
N ry Na
t
trh D
KIM D, DAVIDSON
Notary Pub|c - State ol Florida
Commission # GG 154782
My Comm. Expires Feb 19, 2022
Bmdod lhou$ Nalior[l Nolary lssn.
Page 1339 of 7162
BOND:7901079760
SU RETY ACKNOWLEDGEMENT
Nationwide M utual lnsurance Company
By
Charity A.r, Attorney-ln-Fact
WITNESSES:
Printed Name Doris Wiggins
NMil tDqa^ra
UU
Printed Name Taylor Edwards
Ta4/"1 {d^*A
WHO IS PERSONALLY KNOWN TO ME. OR HAS PRODUCED OF
IDENTIFICATION.
Notary Public - State of FLORIDA
NOTARY ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THy'FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
EIpHvstcAL PRESENCE ORfl ONLTNE NOTARTZATTON THtS 3oth DAy OF NOVEMBER.2021, BY
tlnnnrry A. MosER AS ATToRNEy-rN-FAcr FoR NATToNWTDE MUTUAL rrusunnxrce corrrrperuv,
AS
ilua"-,,.ffiryi
KIM D, DAVIDSON
Nolary Public - Stale of Florida
Commission # GG 154782
My Comm. Erpires Feb'19,2022
Sortsd l[ough Nalioml Nolary Ase.
Printed Name .A(i ^-U ]avi ),s>-
Page 1340 of 7162
0000053624Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual lnsurance Company, an Ohio corporation
hereinafter referred to severally as the 'Company" and collectively as "the Companies'does hereby make, constitute and appoint:
CHARITY A MOSER; DOUGLAS E BAIRD;
each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attomey is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
'RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attomey issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of lnstruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or aftest all
appioTeffitruments,contracts'orotherpapersinconnectionwiththeoperationofthebusinessofthecompanyinadditiontothechairmanof
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
lN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vlce President of Nationwide Mutual lnsurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNry OF NEW YORK: ss
On this 20th day of August, 2021 , belore me came the above-named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
swom, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, State of New York
No.02MG270117
Qualified in New York County
Commission Exgirss Octobsr 19. 2024
7h4{L
Notary Public
My Commission Expims
Odober 19, 2024
CERTIFlCATE
l, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attomey issued
by the Company; that the resolution included therein is a true and conect transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of aftorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attomey is still in full force and effect.
IN,WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company tni.3Dj1.V or
NoVCrlnhgf .'ou
fiarr,r* B.at
Assistant Secretary
BDJ 1(08-21)00
right-hand corner. Contact us at 212-329-6900 if this document is void or if you have any questions.
SEAL
Page 1341 of 7162
-US aw Growth Management Department
Development Review Division
January 18, 2022
Travelers Casualty and Surety Company of America
One Tower 3B
Hartford, CT. 06813
RE: Your Performance Bond No. 7901079760 / Your Client BCHD Partners II, LLC
Founders Square
Dear Sir or Madam:
Please be advised that based on the work completed to date and the associated inspections which have been
conducted, the subject Performance Security may now be reduced by $5,754,927.81, leaving an available
balance of $575,493.19
The remaining security represents the required 10% maintenance security. An original Bond Rider should
be directed to this office, "all other terms and conditions of 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 HOULDSWOR7H
John R Houldsworth
Senior Site Plans Reviewer
With authority in these matters
CC: David Hurst, PE
City View file
------0,------
DewqJnent Review Divm'l • 2000 f'b1h 1-meshoe DrM! • �. Fkral 34104 • 239-252-2400 • www.coletou,tyft,go;
Page 1342 of 7162
Ei
TO BE ATTACHED TO AND FORM PART OF
NATION1VIDE MUTUAL INSURANCE COMPA}.]Y
Nationwide Mutual Insurance Company
Bond Department
I 100 Locust Street, Department 2006
Des Moines, IA 50391-2006
BOND NUMBER 7901079760
IN FAVOR OF COLLIER COLTNTY, FLORIDA
(Obligee)
ON BEHALF OF BCHD PARTNERS II LLC
(Principal)
IT IS AGREED THAT, in consideration ofthe original premium charged for this bond, and any additional
premium that may be properly chargeable as a result of this rider,
I . The Surety hereby gives its consent to amend the following:
BOND REDUCTION
From:
$6,330,421.00
To:
ss75 4q1 Iq
Effective: JANUARY 18. 2022
2. PROVIDED, however, that this attached bond shall be subject to all its agreements, limitations, and
considerations except as herein expressly modified, and that the liability of the Surety under the attached
bond as changed by this rider shall not be cumulative.
JANUARY
NATIONWIDE MUTUAL INSURANCE COMPANY
3. Signed and sealed this 2IST day of
BY:
A. MosER , Attomey in Fact
SURETY RIDER
Page 1343 of 7162
0000053627Powe, of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mufual lnsuranco Company, an Ohio corporation
hereinaffer refened to sev€rally as lhe "Company" and colloctively as "the Companies" do€s hereby make, conslitute and appoint:
CHARITY A MOSERi DOUGLAS E BAIRD;
each in their andividualcapacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalfany and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
LINLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized offcers ofthe Companyi and all acts
of said Attomey pursuant to the authority given are hereby ratified and confirmed.
This power ofattomey is made and executed pursuant to and by authority ofthe following resolution duly adopted by the board of diroctors of the Company:
"RESOLVED, that the presidgnt, or any vice president bo, and each horeby is, authorized and empowered to appoint attomoys-in-fact of the Company,
and to authorize them to execute and deliver on behalf ofthe Company any and all bonds. forms, applications, memorandums, undertakings,
rocognizances, transfors, conhacts of indomnity, policieg, contracts guaranteging the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nalure that the busin€ss oflhe Company may requirg; and to modify or r€voke, with or without cause, any such appoint nent or
authority; provided, howevor, that the authority granted hereby shall in no way limit the authority ofothor duly authorized agonts to sign and countersign any
of said documents on behalf ofthe Company.'
"RESOLVED FURTHER, that such attomeys-in-fact shall have tull power and authority to execute and delivor any and all such documents and to bind the
Company subject to the terms and limitations of the power of attomey issued to them, and to affx the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power ofattomey is signed and sealed under and by the following byaws duly adopted by the board of directors of the Company
Execution of lnstrumonts. Any vico president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approtda?6aufren-tsJ-nstruments, conkacts, or other papers in connection with the operation of the business oI the company in addition to the chairman of
the board, the chief ex€cutivo officer, prosident, treasurer or secretaryt provided, however, tho signature of any of them may be printed, engraved, or
stamped on any approved document, conkact, instrument, or other papeas of the Company.
lN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attosted by the signature of its offcer the 20th day of August, 2021
Antonio C. Albanese, Vlc€ Pralldent of Nationwide [rutual lnsurance Company
SLph.nis Rubino McArhur
Not ry Puuic, Stal. ot N.w Yo.t
No.02MC6270117
Ourrif€d in N.w York Co0nly
CommrssDn Exotr€s October 19. 2024
CERTIFICATE
l, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is e full, true and correct copy ofthe original power of attomey issued
by the Company; that the resolution included therein is a true and corect transc.ipt f.om the minutes of the meetings of the boards of directors and the same has
not been revoked or amendod in any manner; that said Antonio C. Albanese u/6s on tho dato ofthe execution of the foregoing power of atlomey the duly elected
oficer oflhe Company, and he corporate sealand his signature as offcer were duly affixed and subscrib€d to the said inst.ument by the authority of said board
of directors; and the foregoing power of attom€y is still in full force and effect.
d*Elrtsl-'
lN U/ITNESS WHEREOF, I hav€ hereunto subscribod my name as Assistanl Secr€tary, and affxed thelldfIJarv . LmZ .t-
corporate soal of said Company tfris I oay ot
6{azo 8-c.,,v
Assistant Secretary
BDJ 1(0&21)00
r ghl-hand corner. Conlacl us al212.329-6900 il this d@umenl is void or il you have any questions.
ACKNOWLEDG EIT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20lh day of August, 2021, b€fore m€ came lhe above-named offcer for lhe Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution ofthe same, and being by me duly
swom, deposes and says, that he is the oltlcer of the Company aforesaid, that the seal affixed
hereto is th€ corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
,n6,{L
Page 1344 of 7162
RESOLTITION NO.24-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORJDA,ACCEPTING COUNTY MAINTENANCE
RESPONSIBILITIES FOR A SIDEWALK EASEMENT,
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS IN FOUNDERS SQUARE,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 67, PAGES 9 THROUGH 12, AND RELEASE
OF THE MAINTENANCE SECURITY.
WHEREAS, the Board ol County Commissioners of Collier County, Florida, on
December 10,2019, approved the plat ofFounders Square 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, a sidewalk easement (SWE), on Founders Square, Tract H-2, according to the plat
thereof recorded in Plat Book 67, Pages 9-12, in the public records of Collier County, Ftorida,
were dedicated to the County with the responsibility for maintenance in plat dedication
paragraph 5.D; and
WHEREAS, the County seeks to formally accept maintenance responsibilities for that
sidewalk easement (SWE) on Founders Square, Tract H-2, according to dedication paragraph
5.D.. on the plat thereof recorded in Plat Book 67. Pages 9-12, in the public records of Collier
County, Florida; 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 COLTNTY
COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Founders Square,
pursuant to the plat thereofrecorded in Plat Book 67, pages 9 through 12, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Founders Square, except for the sidewalk easement on Tract H-2 pursuant
to plat dedication paragraph 5.D., will be maintained privately in the future and will not be the
responsibility of Collier County. Collier County wi[[ maintain a sidewalk easement (SWE) over a
[24-Er S-0s067/ I 8857 I 7/ I ]Page 1 of2
choPage 1345 of 7162
portion of the northeast comer of Tract H-2, which was dedicated on the plat to the County with
responsibility lbr maintenance in dedication paragraph 5.D.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of _2024.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COIJNTY. FLORIDA
By,
Chris Hall, Chairman
[24-Er S-05067/ 18857 l7l I ]Page 2 ol2
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