Agenda 06/28/2016 Item #16A26 6/28/2016 16.A.26.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Sabal Bay Commercial Plat—Phase Four Application Number AR-13453 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 Sabal Bay Commercial Plat — Phase Four plat, accept the plat
dedications,and release the maintenance security in the amount of$148,402.52.
CONSIDERATIONS:
1) On January 15,2015,the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Sabal Bay Commercial Plat—Phase Four.
2) The roadway and drainage improvements will be maintained by the project's property-owners
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 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 Sabal Bay PUD,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$148,402.52 will be released upon Board
approval. The original security in the amount of$764,011.57 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 June 13,2014.
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
Packet Page-956-
6/28/2016 16.A.26.
RECOMMENDATION: To grant fmal acceptance of the roadway and drainage improvements in Sabal
Bay Commercial Plat—Phase Four Application Number AR-13453,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
Packet Page-957-
6/28/2016 16.A.26.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.26.
Item Summary: Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Sabal Bay Commercial Plat- Phase Four Application
Number AR-13453 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
5/18/2016 12:13:44 PM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 5/24/2016 2:04:22 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 6/7/2016 10:26:50 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 6/7/2016 10:47:32 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 6/7/2016 11:51:31 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 6/9/2016 10:07:44 AM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page-958-
6/28/2016 16.A.26.
Date: 6/9/2016 11:38:01 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 11:12:16 AM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 6/16/2016 11:36:52 AM
Packet Page-959-
IIllllllllllVIIIIIIIIIIIIINN❑ \ �������� .,;. , Ilk ../• , 6/28/2016 16.A.26
\' ��� •
r g 4p---
A
3 Z ♦ t7-1,,,„„„„,„,„,,•1:::411,.� Pi
~
► a
Poe 0♦.SAA
III ik.-
.. .,.. ::i:H: H :iHiHii ; : op
airifiril 10'
::H:afiii! mglm! .m h% ::
WI
III 1111111 .. i °
iiH:Hi
,,,,ii _
LLI
V11N111N111NNMININ1
NIII■ m
"4111111111111111B
• F
I.
C
3 s
6
W
giilr. i .
J- I II111 III '_`- _ 1Inr t, °° I I I I
-1= d - a - r� _ _ _=
a — _
m II T=T T u± aAIaO aaONSAVB I I
}
CO
TW3S 01 ION / 7
J
Q
CC)
Q
CO
Ii Ili! Ll_ifilI
4i ______6.
Wel revs O` yQ 6Z l' w �u, - i a B _ r n LL
NOUVINYla ig i -4 1 @Q
ggNN��ppNN�Y ZZ :wV - i @Quu
VM'u V1M5 iLlIA VON j , ,� i V F V 5 a I
wreare r1Nrs� bl
g ~ Z �
�g �� I €1 $Y W O Em^
og gg Ira 0—
c ig r MON NCV A1NOOO n
531V153 I 'i,,� •
N/ Om9Na 3-I y 1
W' O OII3LLINN 3LMOd NAM B'Ee 1./ i ¢y€
suaawrC <
Salm Q]ONV1I • 6 2 o it-) 0
Z
} ZU
r
J ..
a_ ye *w x ^ N n
U
�
� / \ 8�J1A§
rrJam 1 Wil J
.-� 11 � s t c
1 H
,*S Pg g xV € CNaO 3IONSAVO d d I 1
`l m c
E
3m •
— , f OYA
�. MN All i �� I
I 14g iPacket Page -960
<JP' !(lr 1 i\ .,- z-, -. I
1
6/28/2016 16.A.26.
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 SABAL BAY
COMMERCIAL PLAT — PHASE FOUR,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 56, PAGES 39
THROUGH 40; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 9, 2013 approved the plat of Sabal Bay Commercial Plat — Phase 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 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 Sabal Bay Commercial Plat —
Phase Four, pursuant to the plat thereof recorded in Plat Book 56, pages 39 through 40,
and the Clerk is hereby authorized to release the maintenance security.
Packet Page -961-
6/28/2016 16.A.26.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Sabal Bay Commercial Plat — Phase 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:
1-t t/ib
Scott A. Stone
Assistant County Attorney
Packet Page -962-
6/28/2016 16.A.26.
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this !.3 14 day of } J ish4. , 20 14 between Collier Land
Development, Inc. 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 certain plat of a subdivision to be known as: SABAL BAY COMMERCIAL PLAT-PHASE 4
B. Chapter 4 and 10 of the Collier County Land Development Code required 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: -Roadway,drainage,water& sewer Improvements
within Eighteen (18) months from the aate of approval sato suodivlsion 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$764,011.57 -which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated 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 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.
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 Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of thesubdivision
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.
Packet Page -963-
6/28/2016 16.A.26.
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.
IN WITNESS WHEREOF, the Board and the pwloper have caused this Agreement to be executed by
their duly authorized representatives this /0 day of OTA-vve.LI , 20 14 •
SIGNED IN THE PRESENCE OF: (Name of Entity) oilier Land Devz opment, Inc
By: a
"."
Printed Name /7
gr)°S&,r--ic...1•N Patrick L.Utter,Vice President
Printed NamelTitle
(President,VP,or CEO)
; • 41FP (Pr. _•:_• • •• • A thorit --pe-rsentz.16•6
,••• •/••,
.
Printed Warn: .*: MY COMMISSJON I EE 843929
fe...-^ FXPRFS.Met*. 6.wig
ATTEST:A.4—f— " •••" •4.:TF Bonded Thru Holm Pubfic Undenwkers
DWIGHT E.BROCK,CLERK BOARD OF cOU COMMISSIONERS
OF COLLAR C.; d NTY,FLORIDA
By iTVA
• • By:—
Deputy Clerk 'tte$ tcithairman'
Ap oved asrorrn and I::mitetu-re only, TOM HENNING, CHAIRMAN
•
‘)Lesi-i- A. 5-toeve,
Assistant County Attorney
Packet Page -964-
6/28/2016 16.A.26.
Phlea Sabal Bay Commercial Plat-Phase 2
Task: Performance Bond Calculation
Prepared By: DJH Date: 6/13/2014
ENGINEERING ' Checked By JCE Date: 6/13/2014
AMOUNT AMOUNT
TOTAL CONTRACT COMPLETED TO REMAINING TO
CONTRACT CATEGORY AMOUNT DATE COMPLETE
SITE AND UTILITY IMPROVEMENTS $ 1,178,883.23 $ 868,416.03 $ 310,467.20
LANDSCAPING AND IRRIGATION $ 253,14100 $ - $ 253,142.00
DRY UTILITIES AND CONDUIT 52,000oo $ - $ 52,000.00
TOTAL CONSTRUCTION COST: $ 1,484,025.23 $ 868,416.18 $ 625,609.05
COWER COUNTY PPL BOND CALCULATION
100%OF IMPROVEMENTS NOT YET CONSTRUCTED 615,609.05
10%OF TOTAL COST OF CONSTRUCTION 148,402.52
TOTAL BOND AMOUNT REQUIRED $ 764,011.57
NOTES:
1}This Bond Cakuatton is based upon the current contract costs and In place work for the subject Protect
oiakiktiptsittrins404_4
(-1 . ....... .
, 4
i st„ ; 7 •
* A aill1H
7117, / *i
John iEnghs •E
R ssiist 1 7 1
V;510****:".ri I 1-1.....eA Oteertng
.011bn/28 2 75
I 10iON°
P\Active Projects\P-CEM1-002%001 Saba!Bay_Cornmercial Ph2,0esign 014 Cosl Eslimaies\SPROCounly_Pktit_Perrormance Bond Cat
Packet Page -965-
6/28/2016 16.A.26.
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2014183117
Transaction Number: 2014-030235
Date Paid: 07/02/2014
Amount Due: $764,011.57
Payment Details: Payment Method Amount Paid Check Number
Check $615,609.05 1212
Check $148,402.52 1211
Amount Paid: $764,011.57
Change / Overage: $0.00
Contact: COLLIER LAND DEVELOPMENT INC
2550 GOODLETTE RD N STE 100
NAPLES , FL 34103
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
fggPaid
Refundable Bonds PL20140001448 $615,609.05 $615,609.0 670-000000-220113
5
Refundable Bonds PL20140001448 $148,402.52 $148,402.5 670-000000-220113
2
Cashier Name: melissaalvarez
Batch Number: 3853
Entered By: hughes j
Packet Page-966- E X k-1) 1
6/28/2016 16.A.26.
Collier Land Development, Inc. Collier County Board of County
DATE INVOICE NO DESCRIPTION INVOICE AMOUNT
6-18-14 20140618-1 Performance Bond Deposit 148402.52
SA, kfAL' P-1
P10510
n 4
0114000 ILP-a
CHECK 6-19-14 cHEck 1211 TOTAL> 148402.52
DATE NUMBER
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER - • -..simiootowatom,Atioami.lea,64. ',
Collier Land Development,Inc. Bank of Arnenca
4501 N Tamiamt Trail
L.5 Suite 100 Naples,FL 34103
2550 Goadlette Rd. N. 63.27
Naples, FL 34103 631
239-261-4455 DATE CHECK NO. AMOUNT
June 19, 2014 1211 *$148,402.52
Pay:**One hundred forty-eight thousand four hundred two dollars and 52 cents
Vold after 120 days
PAY Collier County Board of County
TO THE
ORDER OF Commissioners
Two signature%required if rivet$5 ROD
• THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—,....HOLD AT AN ANGLE TO VIEW
Packet Page-967-
Collier Land Development, Inc. Collier County 6/28/2016 16.A.26.
DATE INVOICE NO DESCRIPTION INVOICE AMOUNT
6-18-14 20140618-2 Performance Bond Deposit 615609.05
.......,
. .P,
At 12::)41 1_, o..;;/1/6_,,7 0 A
AV- - '. i 3 4,
tc',4 r, o/L,L000l &
...
CHECK 6-19-14 CHECK R 1212 TOTAL> 615609.05
DATE NUMBE
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
7-7-7:-7,74;7-771.••.7-77.73-7•:;;;;;,, THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER
Suite 100
or 0Land Development,Inc.
IR Bank of Amenca
4501 N Tamiam Trail
Naples,FL 34103
'Mll 2550 Goodlette Rd.N.
63-27
Naples,FL 34103 531
239-261-4455 DATE CHECK NO. AMOUNT ,
1
June 19, 2014 1212 1615,609.05
Pay:******Six hundred fifteen thousand six hundred nine dollars and 05 cents
VOid after 120..
7
.,..P4y Collier County Board of County
THE Commissioners
—
JER OF
•0/‘"*-.."-'""" ...,„,„___
Tun ignattin.c rorpitrwl tf`(war ArkANI
..,.,„.:*...1.,,,,,,,...4.... ,,..4... ,....A*40 THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK-HOLD AT AN ANGLE TO VIEW,:-. '...,L.:--"'°`'::"."'"•Y"'''".""•.--1:1:::::;:_
A'''-1,...,2 ffiiillAff:vt --:w2,-.-z•,-T::-1"'-filiernAvraxv r:IX-02,..1:,.qz,, ,!,..,mi,a.oz, „ ,,,,„.
._ _... — —--- — ,., .,,, „ ,,. . „ .,,
,-----, .
Packet Page -968-