Agenda 06/14/2016 Item #16A10 6/14/2016 16.A.10.
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 Firano at Naples, AR-
8087 and authorize the release of the maintenance security.
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 May 15, 2012, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Firano at Naples.
2) The roadway and drainage improvements will be maintained by the project's homeowners
association.
3) The required improvements have been constructed in accordance with the
Land Development Code. Staff has inspected the improvements and is recommending final
acceptance.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C.1 of the Land Development Code.
A copy of the document is attached.
5) This Cook Property RPUD which encompasses Firano at Naples has been found to be in
substantial compliance.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of$436,908.03 will be released upon Board
approval. The original security in the amount of$4,369,080.30 has been reduced to the current amount
based on the previous work performed and completed and pursuant to the terms of the Construction and
Maintenance Agreement dated May 15,2006.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval.-SAS
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Firano at Naples AR-8087,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: John Houldsworth, Senior Site Plans Reviewer,Development Review,Growth Management
Department
Attachments:
1)Location Map
2)Construction&Maintenance Agreement
3)Resolution Packet Page -153-
6/14/2016 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
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 Firano at Naples, AR-8087 and authorize the release of the maintenance security.
Meeting Date: 6/14/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
5/4/2016 6:01:12 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/9/2016 3:35:43 PM
Name:PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/9/2016 3:36:29 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 5/9/2016 3:58:11 PM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 5/12/2016 8:44:03 AM
Name: FrenchJames
Title:Deputy Department Head-GMD,Growth Management Department
Date: 5/12/2016 3:13:13 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 5/16/2016 8:33:26 AM
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6/14/2016 16.A.10.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/16/2016 10:51:04 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 5/24/2016 12:26:15 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 5/31/2016 4:59:51 PM
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6/14/2016 16.A.10.
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6/14/2016 16.A.10.
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTV1ANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this 16 day of May, 2006, between Toll
FL VI Limited Partnership 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 a certain plat of a subdivision to be known as: Firano at
Naples.
B. Chapters 4 and 10 of the Collier County Land Development Code requires 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: the roadway, water, sewer,
drainage, street lighting, landscaping, and mitigation improvements noted in the
Firano at Naples Plans and Nat submission. This includes the appropriate
appurtenances and improvements previously submitted, reviewed, and approved.
This is also consistent with the plans and specifications and Collier County Land
Development Code requirements for these improvements. These improvements will
be completed 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 performances security
(attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of
$4,369,080.31 which amount represents 10% of the total contract cost to complete
construction plus 100% of the estimate cost of to complete the required improvements at
the date of this Agreement.
3. In the event of default by the Developer of 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
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6/14/2016 16.A.10.
•
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 of 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 Collier County 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 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.
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• 6/14/2016 16.A.10.
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 16th day of May '
2006.
SI . ED IN THE PRESENCE OF: Toll FL VI Limited Partnership
//Wier/I By: Toll F 6 ' Co ,y
om, '#d cr
Print Name: 7 'i7 hc/ 'e .2'N.
U- e...ta.e5 >of LS ta
' ' - t lit c C_ I� rr=
6/14/2016 16.A.10.
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND BOND#0884681
KNOW ALL PERSONS BY THESE PRESENTS: that TOLL FL VI LIMITED PARTNERSHIP,A Limited
Partnership owned by wholly-owned subsidiaries of Toll Brothers Inc.,250 Gibraltar Road,Horsham,2 U A Berwyn Park,
(hereinafter referred to as"Owner")and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
Suite 105,Berwyn,PA 19312,(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 FOUR MILLION THREE HUNDRED
SIXTY NINE THOUSAND EIGHTY AND 31/100 Dollars($4,369,080.31)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 FIRANO @ 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 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 17 TH day
of MAY,2006.
WITNESS:
TOLL FL'II LI ':1' RS iP
BY:TOLI.FL O ' ,G E'7 PARTNER
f ,q etc' itie/cel 3;,0isio N J Kg" P,Gis
WITNESS: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
J 1
i -
/
Lois E.Eshleman-Witness Daniel P.Dungan—Att*rney-in- act
(notary and acknowledgment for both Owner and Surety required)
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6/14/2016 16.A.10.
ACKNOWLEDGEMENT OF PRINCIPAL(S)
STATE OF ...\.0%-.. A
COUNTY OF 0-0\,\,Vec
I, Ao -4►0��„ ,Xc5 Notary Public in and for the State and County
Aforesaid, do hereby certify that
QQ.VA WIT.eSl Alv.sIoiN Vet. pc-cs.cIern� o' Tc11 L
vi t...-xon=.-ceo PAZ•cNcRsza
Whose name is signed to the foregoing bond, this day did personally appear
before me in my State and County aforesaid and acknowledged the same.
' Given under my hand this 191%day of MN.% a.0o(o.
411 A
My commission expires: I Q,1 t'00`1 2sa .`r l!_>•.- �;•n%h
STAG LEIGH FUL"+S ` otary 'C'c •
",-7, CommitDD0274324
tided Mai M 1S0I432
Raids Asst.Ino •
ACKNOWLEDGEMENT OF CORPORATE SURETY(s)
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, ARLENE OSTROFF Notary Public in and for the State and
County aforesaid, do hereby certify that DANIEL P.•.DUNIGAN
Attorney-In-Fact for the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Whose name is signed to the foregoing bond, this day personally appeared
before me in my State and County aforesaid and acknowledged the same.
Given under my hand this 17TH day of MAY - 2006
My commission expires: 12/3/2008 c- . ., Z
Notary Public
:_!ji.
r�P,.11iic
I ';!air 3.2008
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6/14/2016 16.A.10.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President.and ERIC D.BARNES,Assistant Secretary,
in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, kiiiWare set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h e S , das! by nominate,constitute
r` JR.,Richard J.
and appoint William F.SIMKISS,Daniel P.DUNIGAN,Brian C.BI,.)uc ph- a
DECKER and James L.HAHN,all of Paoli,Pennsylvania ,.1 ,cjt ir8 ,vw c orney-in-Fact.to
make,execute,seal and deliver,for,and on its behal a �. t 1`as its et and all bonds and
undertakings,and the execution of such a p inns ` rLl i-tic \, e presents,shall be as binding upon said
Company,as fully and ampl t f urp \-t .fieent duly executed and acknowledged by the
regularly elected of- ��y-- i i ore.Md.,in their own proper persons.
r� crt( the extract set forth on the reverse side hereof is a true copy of Article VI,
The said Assistant Sec rar --'
Section 2,of the By- - ,�,� any,and is now in force.
IN WITNESS WI4REOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of March,
A.D.2005.
A'TII.ST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gypwok..
?P ' c
•0
4 r. By:
Eric D. Barnes Assistant Secreta►y William J.Mills Vice President
State of Maryland ss:
City of Baltimore f
On this 9th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
;,,,:tip •...D-;. ,O-Ci-,-- -
Constance A.Dunn Notary Public
My Commission Expires: July 14,2007
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•
FIDELITY AND DEPOSIT COMPANY
Tile • OF MARYLAND
•3910 D KESWICK.ROAD, BALTIMORE,MD 21203 •
Cons Statement of Financial Condition •
. As Of December 31,2005
ASSETS
Bonds $ 145,517,856
Stocks 40,373,936
Cash in Banks and Offices 155,000
Reinsurance Recoverable 14;122,203
Other Accounts Receivable 13,661,802
TOTAL ADMITTED ASSETS • $'.213,830,797
LIABILITIES,SURPLUS AND OTHEI{FUNDS
..Reserve for Taxes and es $ 801;854 •
Ceded Reinsurance Premiums Payable ' •. •,: • •26,186,851-
• TOTAL LuBILiries •• - • $ 26,988,705
Capital Stock,Paid.Up • $ 5,000,000.
Surplus 181,842;092
Surplus as regards Policyholders 186,842,092
TtirrAL •
$,'213,830,797 .. .
Securities carried at$33;398,093 in the above statement are deposited as required by law.
Securities.carried on the basis prescribed by the National Association of Insurance Cominissioners: :basis of
- December 31,2005 market quotations for all bands'and stocks owned,the Company's total admitted assets would be
$212,087;289 and surplus as regards policyholders$185,09.8,584. ' '
I,DAVID A:BOWERS,Corporate Secretary of the FIDELITY AND DEPosrr COMPANY OF MARYLAND,do hereby
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st
day of December,2005.
•
Corporate Secretary
• State of IllMies •
City of Schaumburg .} SS: .
Subscribed and sworn to,before me;a Notary Public of the State of Illinois,in the City of Schaumburg,this 20th day,of March,2006. -
•
Notary Public
•
•
OFFICIAL SEAL
MARLO G SARABYPI
NOTARY PUBLIC-STATEOF!LIMOS' • '
V: :.• MY COMMISSION EXPIRES;11/25 7 .
•
•
___ • _.._ _. _��._. ... � � ,., ...::_ Packet Page-163- �., .. .,. ...r >.s_.. . .,
6/14/2016 16.A.10.
RESOLUTION NO. 16-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN FIRANO AT
NAPLES, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 46,
PAGES 71 THROUGH 74; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 26,2006, approved the plat of Firano at Naples 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 his maintenance security; and
WHEREAS, the Engineering Services 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 in Firano at Naples, pursuant to
the plat thereof recorded in Plat Book 46, pages 71 through 74, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Firano at Naples will be maintained privately in the future and will
not be the responsibility of Collier County.
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This Resolution adopted after motion, second and majority vote favoring same,
this day of ,2016.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E.BROCK, CLERK
By:
, Deputy Clerk DONNA FIALA,CHAIRMAN
Approved as to form and legality:
Scott A. Stone
JA S/31,4
Assistant County Attorney
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