Agenda 02/25/2025 Item #16A 1 (Resolution-Final acceptance of the infrastructure improvements associated with the subdivision, accept the plat dedications of Allamanda Estates PL20220001339, Authorize the release of the maintenance security)2/25/2025
Item # 16.A.1
ID# 2025-204
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 Allamanda Estates, Application Number PL20220001339, and
authorize the release of the maintenance security in the amount of $26,226.61.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and authorize the release the maintenance
security.
CONSIDERATIONS:
1. The Growth Management Department granted preliminary acceptance of the roadway and drainage
improvements in Allamanda Estates on June 18, 2024.
2. The project's Homeowners Association will maintain the roadway and drainage improvements.
3. The required improvements have been constructed in accordance with the Land Development Code. On January
8, 2024, the Growth Management Department inspected them and recommended their 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 roadway and drainage improvements will be maintained by Project's Homeowners
Association. The existing security in the amount of $26,226.61 will be released upon Board approval. The original
security in the amount of $62,025.70 has been reduced to the current amount of $26,226.61 based on the work
performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated June 21, 2023.
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
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Allamanda Estates,
Application Number PL20220001339, 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
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
Page 15 of 94
2/25/2025
Item # 16.A.1
ID# 2025-204
Page 16 of 94
ALLAMANDA ESTATES
LOCATION MAP
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this June day of 21St 2023 between 1450 REAL ESTATE INVESTMENTS, 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: AlIamarid a Estates
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: Road and sidewalk construction and landscaping
within 18 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 $62.025.7o 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.
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 designee to reduce the dollar amount of the subdivision
11 /23/2021 Page 1 of 2
performance security an 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 the Developer have caused this Agreement to be executed by
their duly authorized representatives this '2-1 day of , 2023
SIGNED IN THE PRESENCE OF:
(Name of Entity)
HSD REAL ESTATE INVESTMENTS, LLC
Witne s:
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B
Printed Name:
Heather Shapiro as Managing Member
Witness:
�nl `
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
i
ATTEST:
CRYSTAL K. KINZEL, CLERIC
BOARD OF COUNT' COMMISSIONERS
OF
COLLIER COUNTY. FLORIDA
By:
By: ' -
Deputy Clerk+
+[ K L a C �°15T2o CHrg Jti►►rw�1
Approved as to form and legality:
Dere Perry
Assistant County Attorney
11 /23/2021 Page 2 of 2
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL .34104
239-252-2400
RECEIPT OF PAYMENT
20231111374
2023-067047
07/31/2023
$54,455.50
Payment Method Amount Paid
Check $54,455.50
$54,455.50
$0.00
HSD REAL ESTATE INVESTMENTS LLC
6115 STIRLING ROAD - SUITE 101
DAVIE, FL 33314
Reference Number
PL20230011465
Vanessa.McHenry
12239
LudaMartin
heck Number
1071
Original Amount GL Account
Fee Pa id
$54,455.50 `i t=t55.50 131-000000-220113
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Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change I Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Collier County
Growth Management Division
2800 Horseshoe Drive IV.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
20231115253
2023-070926
08/10/2023
$7,570.21
Payment Method Amount Paid Check Number
Check $7,570.21 1097
$7,570.21
$0.00
HSD REAL ESTATE INVESTMENTS LLC
6115 STIRLING ROAD - SUITE 101
DAVIE, FL 33314
Reference Numizgr
PL20230011465
Cashier Name: Alida.Rojas
Batch Number: 12272
Entered By: LudaMartin
Original Amount GL Account
Fee Paid
$7,570.21 $7,570.21 131-000000-220113
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)Collier County
September 17, 2024
HSD Real Estate Investments, LLC
244 Allamanda Way
Naples, FL 34114
RE: Cash Bond Check Nos. 1071 and 1097
Allamanda Estates; PL20220001339
To Whom It May Concern:
Please be advised that based on the work completed to date and the associated inspections which
have been conducted, the subject Cash Bond may now be reduced by $35,799.10, leaving an
available surety of $26,226.60.
The remaining balance represents $19,012.00 in uncompleted improvements, plus $5,638.70 as
the required maintenance security, plus $1,575.90 as the required one-year maintenance security
for the water and sewer utility.
A request has been sent to our Finance department to request the bond reduction refund for the
cash Bond (Check Nos. 1071 and 1097) that were provided, and a refund check in the amount of
$35,799.10 will be forwarded to HSD Real Estate Investments, LLC via regular mail.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
David Amt4oily
David Anthony
Site Plans Reviewer II
With authority in these matters
Cc: Mike Delate, P.E., Q. Grady Minor & Associates, P.A.
Project File
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Reversed:
Change / Overage:
Contact:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
REVERSAL Cash Band Refund
20241248541
2024-090211 Posted Transaction Number: 2024-087200
09/27/2024
$-35,799.10
Payment Method
Reversal
Amount Reversed Check Number
$-35,799.10
$35,799.10
$0.00
HSD REAL ESTATE INVESTMENTS LLC
6115 STIRLING ROAD - SUITE 101
❑AVIE, FL 33314
Reversal Reason: The applicant has completed a portion of the subdivision
improvements and requested a reduction of the subdivision bond. Staff has
reviewed the bond reduction request and inspected the remaining
improvements and has authorized the bond reduction by $35,799.10.
Batch Number: 13440
Batch Name: Lea Derence Batch for 09/27/2024
Fee Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20220001339 $18,656.40 $35,799.10 131-000000-220113
Cashier Name: LeaDerence
Batch Number: 13440
Entered By: LuciaMartin
Planning Deposit Details:
- Planning Project Application Number: PL20230011465
- Planning Application Name: Allamanda Estates (PR)
- Deposit Balance: $-90,254.60
- Deposit Source Account: 131-000000-220113
- Deposit Type: Bond
- Deposit Item: Cash Bond
- Deposit Description: Bond, Overdrawn, $-35,799.10, $-35,799.10
Reposted Transaction #:
Cashier Signature:
Supervisor Signature:
RESOLUTION NO.25-
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 ALLAMANDA ESTATES,
ACCORDING TO THE PLAT THEREOF RECORDED IN
PLAT BOOK 73, PAGES 77 THROUGH 78, AND RELEASE
OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on January
24, 2023, approved the plat of Allamanda Estates 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 Allamanda
Estates, pursuant to the plat thereof recorded in Plat Book 73, pages 77 through 78, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Allamanda Estates 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 , 2025.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
By: By:
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
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