Agenda 04/12/2016 Item #16A22 4/12/2016 16.A.22.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Riverstone — Plat Two Application Number 20120001179 with the roadway and
drainage improvements being privately maintained and authorizing the release of the maintenance
security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the
improvements associated with the Riverstone — Plat Two plat, and release the maintenance
security in the amount of$130,068.76.
CONSIDERATIONS:
1) On July 15, 2013, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Riverstone—Plat Two.
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 of the improvements.
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.3 of the Land
Development Code. A copy of the document is attached.
5) This project is within the Terafina PUD, Ord. 04-15, as amended which 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$130,068.76 will be
released upon Board approval. The original security in the amount of $1,038,375 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 November 13,
2012.
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 Riverstone—Plat Two Application Number 20120001179, and authorize;
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1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments:
1) Location Map
2) Construction&Maintenance Agreement and Bond
3) Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone - Plat Two Application Number
20120001179 with the roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
Meeting Date: 4/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
2/24/2016 5:41:21 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 2/25/2016 2:54:09 PM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 2/25/2016 2:55:37 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 2/26/2016 8:25:07 AM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 2/26/2016 2:52:01 PM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 2/26/2016 4:03:25 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
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Date: 2/29/2016 11:16:17 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/2/2016 10:23:16 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/17/2016 2:24:57 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2016 2:04:25 PM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this J� day ofWA4' t l b_er2012
between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited liability
company. hereinafter referred to as "Developer," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
RECITAL 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:
Riverst:one Plat Two plat.
B. Chapters 4 arid 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: within 12 months from the date of approval
said subdivision plat, said improvements hereinafter referred to as the required
improvements. �:�; t:,5T18visce
2. Developer herewith tenders its subdivision perfbiinance security (attached hereto as
Exhibit"A" and by reference made a pail: hereof) in.the amount of$1,038,375.00 which
amount represents :l0% 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 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.
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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
refusa.l 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 rn.ai:nten.ance 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.shal.l inspect the required 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 fbr 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 perlonnan.ce 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 o:r 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.
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IN WITNESS WHEREOF, the Board and the Developer hays caused this
, Aweement to be executed by their duly authorized representative!; this II of
NJ 0 V DYIbek- 2012.
SIGNED IN THE PRESENCE OF: Cil. HOMES OF NAPLES ASSOCIATES II,
64td __Lii..641 _
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Printedpatt: 41,611 e ti 0 o boti,p ft Name:-404)
Title: DI EkA',12L...tP li"P 1)4 Ijk_e)41
Printed name:
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ATTEST: . . • ..•..`7' '.
BOARD OF COUNTY COMI SSIONERS
DWIGI.-IT E. BROCk, CEERK
OF.c..CyLLIERIOUNTYykLORI. .
th:t1.03)41-10 i ' L.4r ,
By: iV,'■ ' c / By: -1-‘----ss, ,,..1. 1 L /
Deputy cleArtesT7 . to Dal"''' . Chairman ER4P est41.5.- --- .
ophour j..011:.*
Approved ELS tO t(»ITI" and legal 0
„tafficiency: (....\ ,
Lt:eitY1,41A176/0,i/i,--)
- II
Assistant 4 ounty Attorney
,
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COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
Bond No.929546419
KNOW ALL PERSONS BY THESE PRESENTS: that
C.L. Homes of Naples Associates IL,Ltd.
1600 Sawgrass Corporate Parkway,4`"Floor
Sunrise, FL 33323
(hereinafter referred to as"Owner")and
THE CONTINENTAL INSURANCE:COMPANY
9850 NW 41"Street,Suite 100
Miami,FL 33178
(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 Million Thirty Eight Thousand Three Hundred Seventy Five and
00/100 Dollars(S1,038,375.00) 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 Riverstone Plat Two 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
cicims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
da Wages 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 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. 'fhe 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 23rd day of
October,2012.
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Owner
Attest: G.L.homes of Naples Associates Il, Ltd,By
G.L. domes of•Nljples IF Conroration,its General Partner _
,/ (Co .orate Seal)
BY: L en-J4
R of I Corban,Corporate Secretary N. Marilf•M€uende
State of Florida
County of Onward
1 HEREBY CERTIFY that on this day,before me,an officer duly authorized to take acknowledgements,
personally appeared N.Maria N[enendez,Vice President of G.L. Homes of Nuoles ll Coij pration,to me known to be
described in arid who executed the foregoing instrument and acknowledged to and betcrre me that they executed the
same.
Witness my hand and official seal in the county and state last aforesaid this 23rd day of October,2012.
-141
..*th146.2 if
Notary Public(,,State orida
*iv"ts 1tAIREEN M CCFFMAN
; e." `. Notary Public•-State of Florida
My Cornet.Expires Mar 18,2013
My commission expires _� "'
�_— �t ___�4ll1!11FtzIIit2r1 �L 955364
'.�U•��„' 8.neted Through Naticnat Mary Assn,
Surety
Attest: The Continental Insurance Company
------ (Corporate Seal;
As Per Attached Power of Attorney ---___-- By:_
D.A. ells,Attorney-in-Fact and Florida Resident Agent
State of Florida
County of Miarn i-Dade
F3efore me this clay personally appeared D.A. Bells,Attorney-En•Fact fir The Continental Insurance Company,
wto,being duly sworn,executed the foregoing instrument arid acknowledged to and before me,the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last ak'resaid this 2 3rd day of October,2012.
1 t.cPt �at3FT",k��i ie ofd�1 o ida.
y s
STU'OE' "1:S32!tdrr:/:?. : »
tEt9Z1::a''OSS91;c
uelsy 11;13 'N
My commission expires
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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 A Bells,I>adi ritually
of Miami,FL,its true and lawful Attorne: s}in-Faust 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 Unlimited Amounts-
and to bitid them thereby as fully and to the saint 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.
Thin,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 Senior Vice President and its corporate seal
to be hereto affixed on this 14th day of September,2009.
•« .� ��
The Continental Insurance Company
; --- ' 4 A _t,Q� � (-4_1-c enc teri )
'••„^•'" fae:qu a M;c elcastro Senior Vice President
State of Illinois,County of Cook,ss:
On!:his 14th day of September,2009,before me personally came Jacquelyne M.Etelcastro to roe known,who,being by me duly sworn,did depose
and ray: that she resides in the City of Chicago,State of Illinois;that she is a Senior Vice President of The Continental Insurance Company,a
Pennsylvania insurance company,described in and which executed the above instrument;that she 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 she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company.
MOW N&
IVA Mt
armsamoseratatarons 1,0%
My Commission Expires September 17,2.013 -Eliza ,.tee .� -- Notary Public
CERTTIt'ICATE
I,Mary A.R.ibikawskis,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 rever,,6e1 a gtif is still i n forme. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said
insurance company this y1�= L s---day of—__. rc,,,,�`t?2Z2 =_uCL.___�
4 The Continental Insurantce Company
47
, A a,z �3':
' /
er ...�1� Gt'„ (,1, u
Mary A. tika�+: kis r Assistant Secretary
Form F6850-5/2009
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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
RIVERSTONE — PLAT TWO, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 52, PAGES 7 THROUGH 11; AND
RELEASE OF THE MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
November 13, 2012, approved the plat of Riverstone—Plat Two 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 Section of the Growth Management
Department 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 Riverstone—Plat Two,pursuant
to the plat thereof recorded in Plat Book 52, pages 7 through 11, and the Clerk is hereby
authorized to release the maintenance security.
(049_
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BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Riverstone — Plat Two 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 , 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 �l . /.
Assistant County Attorney
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