Agenda 05/10/2016 Item #16A105/10/201616.A.10.
� EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, for the final plat of Piacere — Pavia, Application Number AR -9836, authorize the
release of the maintenance security and accept the plat dedications.
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 in the amount of $121,957.06.
CONSIDERATIONS•
1) On July 5, 2006, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Piacere - Pavia.
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.1 of the Land
Development Code. A copy of the document is attached.
5) This plat is within the Wentworth Estates PUD and 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 $121,957.06 will be
released upon Board approval. The original security in the amount of $1,341,527.65 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 December 12, 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 accept final acceptance of the roadway and drainage improvements
in Piacere - Pavia Application Number AR -9836, and authorizes;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and plat dedications.
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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
3) Resolution
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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, for the final plat of Piacere - Pavia, Application
Number AR -9836, authorize the release of the maintenance security and accept the plat
dedications.
Meeting Date: 5/10/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Development Review
3/25/2016 6:07:52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 3/31/2016 3:53:06 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 3/31/2016 3:53:51 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 4/5/2016 4:59:49 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 4/7/2016 2:37:44 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 4/15/2016 10:40:43 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
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Date: 4/20/2016 4:16:13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2016 5:00:49 PM
5/10/2016 16.A.1O.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 4/22/2016 2:39:35 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/29/2016 4:05:12 PM
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this l L TH day of 'DF -C- i , 2006 between Treviso Bay
Development, LLC, a Delaware limited liability company ("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 Piacere-Pavia, which
is a replat of a portion of the Plat of Treviso Bay recorded in Plat Book 45, Pages 14 through 24,
Public Records of Collier County, Florida, located in Section 31 and 32, and additional lands
located in Section 32, Township 50 South, Range 26 East, Collier County, Florida.
B. Section 10.02.04 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:
All improvements to be constructed in accordance with the Plans and Plat Review
previously submitted for Piacere-Pavia and the Final Subdivision Plans for
Piacere-Pavia, including but not limited to the following:
• Site Clearing
• Grubbing
• Earthwork
• Sanitary Sewer Installation
• Storm Sewer Installation
• Water Main Installation
• Road Construction
• Re -vegetation
within eighteen (18) months from the date of approval of 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
$1,341,527.65, 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.
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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 for review and approval 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 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, and 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
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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 parties have executed this Agreement the day first above
written.
Witnesses:
f�
ATTEST DWIGHT E ,3ROCK, CLERK
Nametf,
Treviso Bay Development, LLC
BY: VK Treviso Bay, LLC,
Managing Member
BY:
Sanjay uttemperoor, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Name: -
CHAIRMAN
Approved as to form and legal sufficiency:
'f
f! ,-
Jeff E. 10
ht, Assistant County Attorney
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PAGE NO .2 1, 0
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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 PIACERE -
PAVIA, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 48, PAGES 1
THROUGH 10; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 12, 2006, approved the plat of Piacere - Pavia 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 Piacere - Pavia, pursuant to the
plat thereof recorded in Plat Book 48, pages 1 through 10, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Piacere - Pavia will be maintained privately in the future and will
not be the responsibility of Collier County.
111
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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 16
Assistant County Attorney
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