Agenda 05/13/2025 Item #16A 7 (Resolution: Oyster Harbor at Fiddler’s Creek Phase 1, Replat 2, PL20160002690 and PL20160002687)5/13/2025
Item # 16.A.7
ID# 2025-1091
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 Oyster Harbor at Fiddler’s Creek Phase 1 - Replat 2, Application
Number PL20160002690 (FP) and Application Number PL20160002687 (ICP), and authorize the release of the
maintenance security in the amount of $95,608.70.
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. The roadway and drainage improvements will be maintained by the Fiddler's Creek Community Development
District 2.
2. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department has inspected the improvements on March 18 2025, and is recommending
final acceptance of the improvements.
3. 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.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Fiddler’s Creek Community
Development District 2. The existing security of $95,608.70 will be released upon Board approval and is based on the
work performed and completed in accordance with the terms of the Construction and Maintenance Agreement dated
January 10, 2017.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Oyster Harbor at
Fiddler’s Creek Phase 1 – Replat 2, Application Number PL20160002690 (FP), and PL20160002687 (ICP), and
authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release the maintenance security.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENTS:
1. Location Map
Page 800 of 5243
5/13/2025
Item # 16.A.7
ID# 2025-1091
2. Bond Basis
3. Resolution
4. Plat Map
Page 801 of 5243
OYSTER HARBOR AT FIDDLER’S CREEK
PHASE 1 – REPLAT 2
LOCATION MAP
Page 802 of 5243
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTEN
entered into this _19 r'6 day of -A$oAfL{ .20 ldL between
ANC AGREEIVIENT FOR SUBDIVISION IMPROVEMENTS
hereinafter reterred to as [rEv-.,per," and the Board rof County Conrmissioners 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 pl at of a subdivision to be known as. oysbBa&,Fddr6,sc
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 c.'rvenenl enrl aoree as follows:
1 . Devel..ner will cause to be constructed: Roadway, Drainage, v1/ater & Sewer lmprovements
within , e 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 hereoo in the amount of g 95 608.70 - 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. ln 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 hls 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.
Page 803 of 5243
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 performafl-ce security shall be accompanied by a statement of
substantial completion by the Developer's engineer together with the projeat 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.
ln 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 constructedor 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 sustajn on
account of the failure of the Developer to fulfill all of the provisions of this Agreement.
8
I 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.
lN WITNESS WHEREOF, the Board and
their duly authorized representatives this
have caused this A greement to bJAT'j8Y;:;:e executed by2ofia .f
SIGNED IN THE PRESENCE OF:(Name or Entitv)Taylor Morrison of Florida, lnc.
i)^r(6....-)--.>,-:---r-.--<rF -
Printed Name DaVe TfUXton
//)iJ[:i:J?,1"J:11"" Eo )
D rew M i I I e r, Auth o rized Ag e nt
(Provide Proper Evidence of Authority)
,'.\ATTEST:
and legality:
DWIGHT E. BROCK, C ERK :,
Approv as to fo
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
RMANPENNY TAYLOR. C
By
c'
OF COL RIDACOUNTY,F
(J-Y
Scott A. Stone, Assistant County Attorney
-/. {1_/.
eanfeo nane 1S|o/,tJ,,/; ll r&n*"
lr
et
Page 804 of 5243
PERFORMANCE BOND
BOND NO. sul l4l2l I
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison of Florid a, Inc.
551 N. Cattlemen Road, Suite 200
Sarasota. FL 34232
(Hereinafter referred to as "Owner") and
Arch Insurance Com
{Name of Owner}
(Address of Owner)
(Address of Owner)
{Name of Surety)
I 125 Sanctuarv P arkway, Suite 200 (Address of Surety)
Alpharetta. GA 3 0009 (Address of Surety)
(404) 682-3899 (Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregat e sum ofNinetv Five Thousan d Six Hundred* Dollars
(s 95 608.70 ) 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. +Eight and 70i 100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision p lat named Oyster Harbor at Fiddler's Creek Phase 1A Reptat 2 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 owne/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.
PRovlDED, FURTHER, that the said surety, for varue received hereby, stipurates 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.
PRovlDED, FURTHER, that it is expressry agreed that the Bond shaI be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Page 805 of 5243
tr
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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 5th day of 2016
ACKNOWLEDGEMENT
STATE OF trI DA
COUNTY OF
THE FOREGOING PERFORMANCElq / Oe,c.. /
Printed Name
BOND WAS ACK DGE
zo ll,g , bv
NOWLEI
Y)tot
D BEFORE
fi-ttllt n
ME THIS DAY OF
(NAME)
OF ACKNOWLEDGER) AS
-
(TITLE) OF Talrlor Morrison of Florida. Inc. (NAME OF
coMPANY) WHO tS PERSON YK TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State
(sEAL)."ffi-REBEIqH}OHIOil
MY COIIMISSICN
'
FF 2291A
EXPIPES: May 10,2019
Bsrd.d ltro Bud$t Notry S,th.
)fNESSES: ,7 (Owner Name and Title if Corporation) Taylor Morrison of Florida, Inc
ifrtd,filr--By
Printed Nam €c (
'.{
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed N
'd-
! *eY-eil rurnl,
Page 806 of 5243
WITNESSES:
(Surety Name and Title if Corporation)
Arch Insurance Company
(
By By:
I (
Printed Name: Marianella Bealir
u
Printed Name/Title: Margaret A. Ginem, Attorney-in-Fact
& FL Licensed Resident Agent
By
(Provide Proper Evidence of Authority)
Printed Name: Anett Cardinale
c/o Wlllis of Florida, lnc.
4211 W. Boy Smur Btvd., Ste. 1000
Tampa, FL 33607
lnquirles: (81 3) 281 -2095
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 5th DAY
OF December, 2016, BY Margaret A. Ginem AS Attomey-in-Fact OF Arch Insurance Company,
WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Personally Known AS
IDENTIFICATION.
Notary Public - State of Florida
(sEAL)
hlaun {Lil,
Printed Name Gloria Robb
ACKNOWLEDGMENT
''ikfr
GLORIA ROBB
Commission # FF 194062
Expires January 28,2019
B6d.d Thru Trot Fdn tnsuonc€ 800-388-7olg
r',
_):4"
Page 807 of 5243
Arc 0000185180
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLIIE BACKGROUND,
This Power of Attorney llmits the acts of those named hereln, and they have no authority to bind the Company except in the
manner and to the extent herein stated, Not valld for Mortgage, Note, Loan, Letter of Credlt, Bank Deposit, Currency Rate,
lnterest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett Cardinale, Brandy Baich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL (EACH)
its true and laMul Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninety Million Dollars ($90.000.000.00).
This authority does not permit the same obligation to be split into tvvo or more bonds ln order to bring each such bond within the dollar
limit of authority as set forlh herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2Q11, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
'VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the comparry on september ls,2e11:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice president,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15,2Q11, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
00M10013 00 03 03 Page 1 of 2 Printed in U.S.A.
Page 808 of 5243
Oyster Harbor at Fiddler's Creek Phase 1A
Lot Line Adjustments along Quilcene Lane
Bond Calculations
Prepared by:
GradyMinor
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34L34
(23s].s47-1.L44
December 2,2076
\\tl ntt
No.r1*
rvtiSSTEBF
\
Florida on
&
'ltt
G:\Engineering\PRoJ-ENG\F\FcrMlRE\A06Dp\03 tcp & Fp\ptat Recording\FCTMlREV - Bond Catcs
I
Page 809 of 5243
General Conditions Unit Quantity Price Total
Mobilization LS 1 5 s,ooo.oo s 5,000.00
Silt Fence LF 1,050 s 1.50 s 1,575.00
EA 4 S 60.00 5
Construction Entrance rackin Control ts 7 5 5oo.oo s 500.00
General Maintenance LS 1 S 8so.oo s 8s0.00
Sub-Total S 8,155.00
Storm Draina Unit Quantity Price Total
Remove Existi 18" RCP s 16.00 s 2,160.00
18" RCP LF 5 37.00 5 6,327.OO
Remove Existin 24" RCP LF 135 S 16.00 s 2,160.00
24" RCP LF 188 S os.oo 5 t2,22o.oo
Junction Box c&E LF 8 s 3,000.00 S 24,ooo.oo
Sub-Total S 46,867.00
Sanitary Sewer System Unit Quantity Price Total
Unpaved Trench Restoration (per Collier detail G 2; includes
bedding & backfill EA 1 S 489.00 S 489.00
Roadway Trench Restoration (includes stabilized subgrade, 6,,
EA 7 S 1,162.00 s 1,762.OO
lace Vall Gutter includes l sti of sod LF 1,2 S 17.00 s 204.00
Ca existi Sewer Lateral er Collier 5 ec EA 1 S 48o.oo s 480.00
6" Sin le and Double Service EA 7 S 98o.oo s 6,860.00
Sub-Total S 9,195.00
Potable Water Distribution em Unit Quantity Price Total
Horizontal Directional Drill EA 6 S sso.oo 5 3,300.00
Si le Water Service 6 S 89o.oo S s,34o.oo
Double Water Service 1,s 1,0s0.00 S 1,oso.oo
EA 8 S 37s.oo s 3,000.00
Sub-Total S 12,690.00
Electric / Street Lights Unit Quantity Price Total
Relocate Electric Transformer EA 1 S 10,ooo.oo S 1o,ooo.oo
Sub-Total S 10,000.00
917.00
95,608.70Bond Total (110%)
\\qBm.local\files\Engineering\pROJ-ENG\F\FCTMlREV\O6Dp\03 tCp & Fp\ptat Recording\FCTMlREV - gond Catcs Page 2
Curb lnlet Protection 240.OO
Oyster Harbor at Fiddler's Creek Phase 14
Lot Line Adjustments alonE quilcene Lane
Bond Calculations
LF 135
777
limerock base, & 1.5" Type S- t asphalt)
EA
EA
Remove Existing Water Service and Abandon Crossins
Total
Page 810 of 5243
RESOLI-TTION 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 OYSTER HARBOR AT FIDDLER'S CREEK
PHASE I - Rf,PLAT 2, ACCORDING TO THE PLAT THERI,OF
RXCORDED IN PLAT BOOK 62, PAGES 25 THROUGH 66, AND
RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board ol County Commissioners of Collier County, Florida, on January
10,2017, approved the plat of Oyster Harbor at Fiddler's Creek Phase 1 - Replat 2 lbr 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 RI,SOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Oyster Harbor at
Fiddler's Creek Phase 1 - Replat 2, pursuant to the plat thereof recorded in Plat Book 62, pages
25 through 26, and the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Oyster Harbor at Fiddler's Creek Phase I - Replat 2 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 COMMISSIONERSATTEST: COLLIERCOLINTY. FLORIDA
CRYSTAL K. KINZEL, CLERK
Bv:
Deputy Clerk
Approved as to form and legality:
Burt L. Saunders. Chairman
(
Derek D. Perry
Assistant County Attomey
[25-ErS-05 I 62lr 932 100/1 ]g\t$\,'Page I of 1
CAO
Page 811 of 5243
Page 812 of 5243
Page 813 of 5243