Agenda 06/28/2016 Item #16A24 6/28/2016 16.A.24.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for.
the final plat of Hampton Village Phase 1 Replat Application Number PL20120002486 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 fmal approval of the
improvements associated with the Hampton Village Phase 1 Replat plat, accept the plat dedications, and
release the maintenance security.
CONSIDERATIONS:
1) On August 23,2013,the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Hampton Village Phase 1 Replat.,
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 fmal
acceptance of the improvements.
4) A resolution for fmal 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 Ave Maria Stewardship Receiving Area(SRA), 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$105,706.11 will be released upon Board
approval. The original security in the amount of$105,706.11 has not been reduced pursuant to the terms
of the Construction and Maintenance Agreement dated July 25,2013.
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
Hampton Village Phase 1 Replat Application Number PL20120002486,and authorize;
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
3)Resolution
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.24.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Hampton Village Phase 1 Replat Application
Number PL20120002486 with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security.
Meeting Date: 6/28/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
5/26/2016 9:04:51 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:34:29 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/27/2016 4:44:01 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 5/31/2016 1:45:13 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/1/2016 11:14:33 AM
Name: StoneScott
Title:Assistant County Attorney,CAO Land Use/Transportation
Date: 6/6/2016 9:25:49 AM
Name: KlatzkowJeff
Title: County Attorney,
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Date: 6/6/2016 10:58:06 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:51:24 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/16/2016 11:16:32 AM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS NSTR CTION AND MAINTENANCE A ;R�EMENT FOR SUBDIVISION IMPROVEMENTS entered into this
day of / �J /� ,20 13 between CC Ave Maria,LLC
hereinafter referred to as"Developer", and the Bo rd of County Commissioners of Collier County,
hereinafter referred to as the"Board". Florida,
RECITALS:
A. Developer has,simultaneously with the delivery of this Agreement,applied for the approval by the Board
of certain plat of a subdivision to be known as: Hampton Village Phase 1 Replat
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 twelve(12) 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$105.706.11 -which amount represents 10% of the
total contract cost to complete the construction plus 100%of the estimated cost 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 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 such 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.
S. 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,
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 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.
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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 of 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 Board and the�eyeloper have caused this Agreement to be executed by their duly
authorized representatives this G.`% day of /...1 LS Lys / ,20 13
SIGNED IN THE PRESENCE OF: (Name of tity) CC Ave Maria, LLC
C )n 1J/-)6t /X-I-- By l�
Printed Name . David B. Genson
t,Y, U
I 1- Printed Name/Title Vice President
f (President,VP,or CEO)
{rl CL / an (Provide Proper Evidence of Authority) « �
Printed Name
ATTEST:
M& Ih 102. 19-61-
*q t
DWIGHT E. BROCK,CLE.RIC. BOARD OUNTY CO MISSIONERS OF COLLIER
COON , F DA
I
Attest alto c man s
By.
Deputy Clerk'_' ° , C G RGIAA. HILLER, ESQ"
CHAIRWOMAN
This item
has been approved as to form and legality
?„, 641/ Xj1
EnLily R. Pepin
Assistant County Attorney
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08/25/2013 10:50 FAX 305 358 5744 'HITE & CASE
21003/003
RILED13 JIM 25 AN & 44
llal:l:isenaaher Vice President. Secretary and itSECR,i An t O 'STATE
135 San Lorcn7�Ave., Stc. 740 �: .ftiASSEE. FLORIDA
Coral Gables, Florida 33146
Larry Gragg Vice President and Assistant 5ccrt:tiny
135 San Lorenzo Ave.,Ste, 750
Coral Gables, Florida 33146
Andres Miyares Vice!'resident and Assistara Secn:uuy
135 San Lorenzo Ave.,Ste. 740
Coral Gables. Florida 33146
•
David Gcnsort Vice President
26011 Bolden Gate Parkway
Naples. FL 34015
Th IIRD: 1.:se.ept as expressly provided herein, all of the terms and provisions of the
Ankles of Organization shall remain in full force and effect and are hereby ratified and
confirmed.
•
Dated this 25th day of June,2013.
itarold Eiscnachcr, Vice President
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PERFORMANCE BOND No. 105742142
KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC whose address is
2600 Golden Gate Parkway, Naples Florida 34105 (hereinafter referred to
as "Owner", and Travelers Casualty& Surety Company of America , whose address is
One Tower Square, Hartford CT 06183 (hereinafter referred to as "Surety"), are held and firmly
bound unto Board of County Commissioners of Collier County, FL (hereinafter called
"County"), in the total aggregate sum of One hundred five thousand seven hundred six dollars
and 11/100 --- ($105,706.11) 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 in the
context of 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 of a certain subdivision plat named Hampton Village, Phase I Replat
and that certain subdivision shall includes 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 the 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 reasons of owner's failure to do so, and shall reimburse and repay the
County all outlay and expense for 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 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," whenever 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 have caused this document to be executed this 27th day
of June, 2013 .
OWNE'•
CC Av: :ria C
7
By. ,/ Aid ��
Na &Title: David Genson, i' IRE'f4r
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Signed, sealed and delivered in the presence of:
WITNESS,
,3j C' 40
Prin -me: ,}at+v•-) C. e6.36.44.-5 Pi-
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and acknowledged before me this 0/747 day of
JVsJE- , 20 13, by DIP-0/0 GEA/SO&) on behalf of
Cc- 4-UE r17Ai1 A, al- , who [STRIKE ONE] is personally known to me or
produced� ,.�` as identification.
' 9 44 (SEAL)
NOTARY PUBLIC �� _
r DIAtr>E L V)GNEIf
My Commission Expires: %.714413 aOi� , � rryco ora Ee2ooazo
i EXPIRES:July 13,2018
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Mary Pudic UMerwrtlers
Travrsl`'CasualtySure Company of America
By' ' JA- . A ` ..-'C.. �
.,_
Print Name: Charity A. Strassel
Title: Attorney-In-Fact
Signed, sealed and delivered in the presence of:
Print name: , , - , I. _ ',ve,14.to
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was sworn to and acknowledged before me this 27th day of June, 2013,
by � 4ie, ', ° ra , on behalf of .ERVeIe . 5
al known t me or produced as id who
[STRIKE ONE]i •-r
,". identification.
4 /� I `- _ , (SEAL)
NOTARY PUB IC
...e4,;:, THERESA A LINEHAN
My Commission Expires: ��� "' MY COMMISSION Y k X2013 _z
,,
�` o � EXPIRES 5 July 01 2013
t47J 398.0'.53 r toriOartataryServr.e.corn
Page 2 of 2 C-Hampton Village Perf Bond 6-27-13
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6/28/2016 16.A.24.
v4,w.ANG,THIS POWER OF ATTORNEY IS INVALID WITHOUT Tt ' •D BORDER
This Power of Attorney is grunted under and by the atillrmity of the hulloing resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company.Fidelity and Ouaranty tnsurutce Underwriters,Inc..Sa.Paul Fire and Marine Insurance Company.St.Paul Guardian Insuranee
_ I Company,St. Paul Mercury Insurance Company,Travelers Casualty aril Surety Counpatny,Ti.rvelct'Casualty and Surety Company of America. and United States
Fidelity and Guaranty Company.which resolutions.rue now in fill force and effect,reading as follows:
RESOLVED,that the Chairman.the Piesideat any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President.any Second Vice
President.the Treasurer.any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in.Fact and Agents to act for and nit behalf
of the Company and may give such appointee such authority us his or her certificate of authority may prescribe to sign with the Company's name and seat with the
Company's seal bonds,recognirunccs,craniums of indemnity,and other writings obligatory in the nature of a bond.recognisance.or conditional undertaking,and any
of said officers nr the Board of.Directors at any time may remove arty such appointee and revoked);power given him or her:and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or mote officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED.that any hound,recognizance,contract of indemnity,or wilting obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice('Itaimnn,arty Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary;or(h)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in Itis or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,arty Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secrctaty,and the seal of the Company may be affixed by facsimile to any Puwcr of Attorney or to any
certificate relating thereto appointing Resitknt Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and uttesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or eeiiificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any sueh power so executed and cerritied by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary.of Faturington Casualty Company,Fidelity and Gutuanty Insurance Company,Fidelity and Guaranty Insurance
Underwriters.Inc.,St.Patti Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America.and United Stales Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a nuc and correct ropy of the!'ower of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
1
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this or 744 day of I .20 i I
hip'"
Kevin E.Hughes,Assistant Sect tart'
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To verify the authenticity of this Power of Attorney,call 1400-121-35S0 or contract to m www.travclershond.com. Please refer to the Attorney-in-Fact number,the
:shove-named individuals and the details of the bond to which the power is attached.
AR N ;T itS POWEROI RED BORDE1t-•_m,. 1
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E
MEMORANDUM
Date: August 12, 2013
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and
Performance Bond for Hampton Village Phase 1
Attached for your records is a copy of the document referenced above,
(Item #16A6) adopted by the Board of County Commissioners on Tuesday,
March 12, 2013.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
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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 HAMPTON
VILLAGE PHASE 1 REPLAT, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 53, PAGES 82 THROUGH 83; RELEASE
OF THE MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 12, 2013, approved the plat of Hampton.Village Phase 1 Replat 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 Hampton Village Phase 1
Replat, pursuant to the plat thereof recorded in Plat Book 53, pages 82 through 83, and
the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Hampton Village Phase 1 Replat will be maintained privately in the
future and will not be the responsibility of Collier County.
0
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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:
LA 6/1f/go
Scott A. Stone
Assistant County Attorney
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