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Agenda 04/26/2016 Item #16A 8 4/26/2016 16.A.8. EXECUTIVE SUMMARY Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Riverstone — Plat Four Application Number 20120002198 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications 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 Riverstone — Plat Four plat, accept the plat dedications, and release the maintenance security in the amount of$64,157.13. CONSIDERATIONS: 1) On December 10, 2013, the Development Review Division granted preliminary acceptance of the roadway and drainage improvements in Riverstone—Plat Four. 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 $64,157.13 will be released upon Board approval. The original security in the amount of $493,276. 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 March 12, 2013. 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 Four Application Number 20120002198, and authorize; Packet Page -488- 4/26/2016 16.A.8. 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and acceptance of the plat dedications. 2. The Clerk of Courts to release of the maintenance security. • Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Depai Intent Attachments: 1) Location Map 2) Construction&Maintenance Agreement and Bond 3)Resolution Packet Page -489- 4/26/2016 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Riverstone - Plat Four Application Number 20120002198 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications and authorizing the release of the maintenance security. Meeting Date: 4/26/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 3/16/2016 11:12:58 AM Approved By Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 3/22/2016 2:10:08 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 3/22/2016 2:11:04 PM Name: McLeanMatthew Title: Project Manager,Principal,Development Review Date: 3/28/2016 11:29:45 AM Name: FrenchJames Title: Deputy Department Head-GMD,Growth Management Department Date: 3/28/2016 7:11:26 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 3/30/2016 3:37:18 PM Name: StoneScott Title: Assistant County Attorney,CAO Land Use/Transportation Packet Page -490- 4/26/2016 16.A.8. Date:4/6/2016 11:33:59 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/6/2016 3:29:01 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 4/14/2016 10:48:11 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2016 3:20:13 PM Packet Page -491- 4/26/2016 16.A.8. _.••••. .,..... .. • .. •. . • -- -I•v4 V ■ 1 V LEE COUNTY COW RC0UNY , 4 Z SITE cy b 75 W w . i c.z,7, i ' k IDA1.404<AL% ROAD . . 846 Q 91 I 0. 1 a. lY Zi PINE RIDGE ROAD , .,_._ LOCATION MAP Packet Page -492- 4/26/2016 16.A.8. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 12 day of J'tA‘ZGA, 2013 between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited Iiability company, 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: Riverstone Plat Four plat. 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: within 12 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$493,276.00 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 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. Packet Page -493- 4/26/2016 16.A.8. 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 his designee to inspect the required improvements. The County Manager or his designee shall 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 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. 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. Packet Page-494- 4/26/2016 16.A.8. TN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this #Z74 day of MARC(44 ,2013. SIGNED IN THE PRESENCE OF: G.L. HOMES OF NAPLES ASSOCIATES II, LTD. dttg Kittil Ali By: `-t- rinted name/ J1 LJd r`.Q 06w ell Name: 1 ,tA1--A M io Q. Title: 1))i,.0}Y` (. i' Di- :1,d f-Y-�.};' Printed n e: VA,Ait9 Cit.t'Vc.\1 le-I.1 X ` ` ATTEST.; , `-.• GI=IT ,.pgif CLERK BOA• r • C t LINTY COMMISSIONERS ' ;,r OF CO 1;�' f LINTY, FLORIDA >tx.:. 4 ,.. A Aso .. By: L it Dep*e1er,0,47,5 to hairman's Approved a$ig ur , and _ legal GEOR IAA. HILLER, ESQ. sufficiency: ` CHAIRWOMAN Assist. County Attorney Packet Page -495- 4/26/2016 16.A.8. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 929563695 KNOW ALL PERSONS BY THESE PRESENTS: that G.L. Homes of Naples Associates II,Ltd. 1600 Sawgrass Corporate Parkway,4th Floor Sunrise, FL 33323 (hereinafter referred to as"Owner")and THE CONTINENTAL INSURANCE COMPANY 9850 NW 41st 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 Four Hundred Ninety Three Thousand.Two Hundred Seventy Six and no/100 Dollars(S493,276.00)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 Four 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 15th day of February,2013. Packet Page -496- 4/26/2016 16.A.8. Owner Attest: G.L. Homes of Naples Associates II, Ltd.,by: G.L. ales 11 Co •oration, it General Partner (Corpora, eal) ( Paul Corban,Corporate Secretary N. Mar . enendez, ident State of Florida County of Broward I HEREBY CERTIFY that on this day.before me,an officer duly authorized to take acknowledgements, personally appeared N. Maria Menendez, Vice President of G.L. Homes of Naples II Corporation,to me known to be described in and who executed the foregoing instrument and acknowledged to and before me that they executed the same. Witness my hand and official seal in the county and state last aforesaid this lath day of February,2013. " KH?I{tEEN M COFFMAN tiO:r171'W 24/ r°s s`� Notary Public State of Florida ` Notary Public,State of rida : • My Comm.Expires Mar 18,2013 ';; %�:`; Commission#OD 855384 ,•,"• Bonded Through National Notary Assn. '1Giy commtsston'expires Surety Attest: The Continental Insurance Company (Corporate Seal) As Per Attached Power of Attorney By: - _ D.A. Belis,Attorney-In-Fact and Florida Resident Agent State of Florida County of Miami-Dade Before me this day personally appeared D.A. Belis,Attorney-In-Fact for The Continental Insurance Company, who. being duly sworn,executed the foregoing instrument and 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 aforesaid this 15th day of February.2013. geo„, ----- ota Public,State of Florida ry , N. Elif Asian `'R pU =C0414+SSidti I EE 126431 My commission expires AM' -1t '`�t . .-L- `1EX°i3;.S:AUG.30,2015 — — JJ �?aR�or 'NWAA�:'•ti0'ARY,00m Packet Page -497- 4/26/2016 16.A.8. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." Packet Page -498- 4/26/2016 16.A.8. 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,Individually of Miami,FL,its true and lawful Attorney(s)-in-Fact 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 bind them thereby as fully and to the same 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. This 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. •a; The Continental Insurance Company 5 .� ,. ,:„..„„,,, 8t: ~'44 •4•.*". Jacqu- e M. i elcastro Senior Vice President State of Illinois,County of Cook,ss: On this 14th day of September,2009,before me personally came Jacquelyne M.Beleastro to me known,who,being by me duly sworn,did depose and say: 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. GllldilNIEAL SAM Nmmul'i� µ� ( (, ) wgMNa�wrt► My Commission Expires September 17,2013 Eliza Notary a ry .'" PubI1G CERTIFICATE I,Mary A.Ribikawskis,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 reverse h f is still in force. I p�es'mony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 13 day of f‘ , !"J_ic.')j ••`".1N.� The Continental Insurance Company ,art. .• its �a " ,r r col .......,........ -c7■ Mary A. ika is Assistant Secretary Form F6850-5/2009 Packet Page-499- 4/26/2016 16.A.8. RESOLUTION NO. 16- 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN RIVERSTONE — PLAT FOUR, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 52, PAGES 39 THROUGH 42; ACCEPTANCE OF THE PLAT DEDICATIONS, AND RELEASE OF THE MAINTENANCE SECURITY WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 12, 2013, approved the plat of Riverstone—Plat Four 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 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 Four,pursuant to the plat thereof recorded in Plat Book 52, pages 39 through 42, and the Clerk is hereby authorized to release the maintenance security. Packet Page -500- �_f 4/26/2016 16.A.8. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Riverstone — Plat Four 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: 44(40/11., Scott A. Stone Assistant County Attorney Packet Page -501-