Agenda 09/27/2016 Item #16A 5 16.A.5
09/27/2016
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Quarry Phase 6, Application Number PL20140000127 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 Quarry Phase 6 plat, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On September 8, 2014, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Quarry Phase 6.
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. The Growth Management Department 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 Heritage 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$7,648.50 will be released upon Board
approval. The original security in the amount of $20,870.85 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 May 27, 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
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Quarry Phase 6, Application Number PL20140000127, 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.
Packet Pg.437 I
1 6.A.5
09/27/2016
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction and Maintenance Agreement (PDF)
3. Resolution (PDF)
I Packet Pg. 438 I
16.A.5
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Item Summary: Recommendation to grant final approval of the private roadway and drainage
improvements for the final plat of Quarry Phase 6, Application Number PL20140000127 with the
roadway and drainage improvements being privately maintained and authorizing the release of the
maintenance security.
Meeting Date: 09/27/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
08/19/2016 5:27 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
08/19/2016 5:27 AM
Approved By:
Review:
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/23/2016 5:37 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/29/2016 9:01 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/30/2016 11:50 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/06/2016 1:06 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/07/2016 8:55 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 9:07 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2016 11:23 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 2:54 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:05 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg.439
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16.A.5.b
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCT9 O MAINTENANCE C}N PROVEN1ENTS
entered into this 7 day of , 20 tbetween
CENTEX HOMES hereinafterrferred to as "Developer," and tile 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: QUARRY PHASES
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
regu|ahnna, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements. ^t
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 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 •cr
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by reference made a part hereof) in the amount of$z»a/«e5 -which amount represents 10% of
the total contract cost to complete the construction plus 10096 of the estimated 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 may call upon the subdivision ^4(
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 comp|oUon, 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 \nnprovennento,
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.
O. 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.
Packet Pg.441
16.A.5.b
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.
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8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon C0
certification of such failure, the County Manager or his designee may call upon the subdivision c
performance security to secure satisfactory completion, repair and maintenance of the required a
improvements. The Board shall have the right to construct and maintain, or cause to be constructed o
or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Q
improvements required herein. The Developer, as principal under the subdivision performance c
security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the •y
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 .0
account of the failure of the Developer to fulfill all of the provisions of this Agreement. in
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9. All of the terms, covenants and conditions herein contained are and shall be binding upon the t
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Developer and the respective successors and assigns of the Developer. ..
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IN WITNESS WHEREOF, the Board and the Qeveloper have caused this Agreement to be exe ted by
their duly authorized representatives this �.,.: - day of A___ _I , 20
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SIGNED IN THE PRESENCE{ OF: (Name of Entity)CENTEX HOMES c�
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-t' By: -1 G(�t.c- tet.,. C'� - o
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Printed Name co
4,,�i1d4), (�r`1 ii ,„.,, (, MICHAEL HUEN{KEN cp
Printed nt,VP,or LAND DEVELOPMENT MANAGER `�
(President,VP,or CEO) E
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Printed Name / /� c o
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ATTEST: I { L.
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DWIGHT E. BROCK, CLERK -BOARD OF COUNTY COMMISSIONERS °
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OF COLLIER COUN1, FLORIDA :;
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By: �• ' I f E
Deput41 to i!Hall . _Y . ��.` f
Apprp 1114 and legality: _ TOM HENNING, CHAIRMAN a
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Assistant County Attorney
Packet Pg.442
16.A.5.b
411114 QUARRY MODEL CENTER
PERFORMANCE SECURITY ESTIMATE
J.R. EVANS ENGINEERING FOR PLAT SUBMITTAL
!QUARRY MODEL CENTER REMAINING INFRASTRUCTURE
PAVING $18,973.50
Total Remaining Infrastructure Costs $18,973.50
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10%Additional for Performance Security $1,897.35
TOTAL PERFORMANCE SECURITY REQUIRED = $20,870.85
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REMAINING INFRASTRUCTURE BREAKDOWN:
PAVING
DESCRIPTION UNIT ' QTY UNIT PRICE TOTAL PRICEi.,
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4"Limerock Base(compact&prime) SY 650 $4.00 $2,600.00
12Stabilized Subgrade SY 650 $2.00 $1,300.00,
4'Concrete Sidewalk SY 650 $21.79 $14,163.50
Sod(2'each side of sidewalk) SY 520 $1.75 $910.00
SUBTOTAL $18,973.50
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FL License No, 73943
Packet Pg.443
16.A.5.b
PERFORMANCE BOND
BOND NO. 800013253
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation (Name of Owner)
24311. Walden Center Dr., Ste 300 (Address of Owner) chCi
Bonita Springs, FL 34134 (Address of Owner) Od
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(Hereinafter referred to as "Owner") and
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Atlantic Specialty Insurance Company (Name of Surety)
77 Water Street (
Address of Surety)
New York NY 10005 (Address of Surety) -o
212-440-6522 (Telephone Number)
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(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 twenty thousand eight hundred seventy and
85/100 Dollars ($20,870.85) 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, r
jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the l=
context requires.
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by m
the Board of a certain subdivision plat named The Quarry, Phase 6 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 c
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 -a
(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 N
harmless the County from and against all costs and damages which it may suffer by reason of owner's
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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 m
effect.
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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
Packet Pg.444
Bond No. 80001]25] 16.A.5.b
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 28th day of May, 2014.
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PRINCIPAL Pulte n
By: �� / �~i [ ( _ ^
Printed Name Bryce Langen,Assistant Treasurer
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WITNESS
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Bruce E. RobinsonVP&Treasurer
Printed Name '
ACKNOWLEDGEMENT up
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STATE OF GEORGIA u-
COUNTY OF FULTON
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
28th day of May, 2014 by Bryce Langen AS Assistant Treasurer of Pulte Home Corporation WHO IS
PERSONALLY KNOVVTOK4E.
Notary PubUc - StateofGEORGIA
(SEAL) S�8�Ey��u
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ornmissi
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Atlantic Speciality Insurance Company
Surety
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BY: kW . ,^����� ,.)
Steph"' Kazme , Attorney-in-Fact
SEE ATTACHED NOTARY FL Lic. No. A137801
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I6.A.5.b
CENTEX REAL ESTATE CORPORATION
CERTIFICATE OF INCUMBENCY
I, the undersigned officer of CENTEX REAL ESTATE CORPORATION. a corporation duly
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organized and existing under the laws of the State of Nevada ("the Corporation"), hereby certify that 1
have access to the records and minutes of the proceedings of the Board of Directors of the Corporation,
that the Corporation is the sole Managing Partner of CENTEX HOMES, a Nevada general partnership,
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and that each of the following individuals are duly acting South Florida division employees of the
Corporation,each such individual holding the title set forth following such individual's name. °
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Name Title
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Michael Woolcry Land Development Manager
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Michael I Iueniken Land Development Manager
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IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June
2, 2010.
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4-` %P Q % •...�A CENTEX REAL ESTATE CORPORATION,
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-? a SEAL m a Nevada corporation co
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2007 .•: ? I3>: z, 7.27 .
^�i� �/ ~«•�•'•' ����� t Jan M. Klym, Assistant Sec tart'
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16.A.5.b
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KNOW ALL MEN B4-THESE PRESI-',IFS.that ATLANI IC SPECIALTY INSURANCE COMPANY,a New fork corporation with its pnnctpal office in Minnetonka,
Minnesota.does hereby constitute and appoint: James Moore,Stephen Kamer,Down 1..Morgan,Tariesc M.Pisciotto,Melissa A.Schmidt.Bonnie J.Kruse.each
individually if there be more than one named.its true and lawful Attorney-in-Fact-to make,execute,seal and deliver,for and on its behalf as surety.any and all bonds.
reeognizances,contracts of indemnity.and all other writings obligatory-in the nature thereof provided that no bond or undertaking executed under this authority shall exceed in
amount the sum of twcots-tis e million dollars(S2S.000,000)and the execution of such bonds.recognisances.contracts of indemnity,and all other writings obligatory in the
nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with
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the Company seal_ This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY
iNS).RANCE COMPANY on the twenty-fifth day of September,2012. ZN
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Resolved. That the President,any Senior Vice President or Vice-President teach an"Authorized Officer').may execute for and in behalf of the Company any and a
all bonds.recognizance:,contracts of indemnity,and all other nntings obligatory in the nature thereof, and affix the seal of the Company thereto,and that the V
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company C
seal thereto:and that the Authorized Officer may at any time remove any such Attorney-m•Fact and revoke all power and authority given to any such Attorney-in- V,
Fact, Q-
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Resolved, That the Attorney-tit-Fact may he given full power and authority to execute fin and in the name and on behalf of the Company any and all bonds, 0
recognisances-contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-m-Fact shall C
be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit O
required to he attached to bonds.recogniza nccs,contracts of indemnity.and all other writings obligatory in the nature thereof •u)
This power of attorney is signed and sealed by facsimile under the authority of the toIiowirig Resolution adopted by the Board of Directors of A l LANTIC SPECIALTY ZS
INSURANCE COMPANY on the twenty-fifth day of September.2012: St
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Resolxed_ That the signature of an Authorized Officer and the Company seal may he affixed by facsimile to any power of attorney or to any certificate relating j,L
thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond.undertaking.recognizance or other written obligation in the nature ••
thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the q.
Company,to he valid and binding upon the co
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WITNESS WHEREOF.ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to he signed by an Authorized Officer and the seal of the Company C
he affixed this ninth day of October-2012. d
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SEAL pad di ke °'
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`b=ii.ii-i1986 By y
S'E'A rE OF MINNE:SOT.A I-, ii so°#,e,,, Paul H.McDonough,Senior Vice President 0
HENNIPE'.N COUNTY `tN t; " W
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On tits ninth day of October.2(112.before me personally came Paul H.McDonough,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY.to rive C
personally known to he the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same.and being by me 73
duly sworn_that he is the said officer of the Company aforesaid.and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the 2
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. -a
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TARA JANELLE STAFFORD °
' NQTARY f�USLEC tAiNNESt?7A
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' ' ''' " My Cotnrnissitxt Expires Dalt.31.2015 u
ill Natary Public C
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I.the undersigned.Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY.a New York Corporation,do hereby certify that the foregoing power of attorney is m fu' C
force and has not been rebuked,and the resolutions set forth above are now in force 0
Signed and sealed Dated 28th day of May 2014
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e� SEAL tom`
This Prnaer of Attorney expiresI t13s
Octobe 1,2015 , n _yr
\urginea McCarthy.Secretary
Packet Pg.447
I6.A.5.c
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 QUARRY
PHASE 6, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 55,
PAGES 86 THROUGH 87; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 27, 2014, approved the plat of Quarry Phase 6 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 •y
WHEREAS, the Developer is requesting final acceptance of the roadway and a
drainage improvements and release of his maintenance security; and
WHEREAS, the Development Review 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 Quarry Phase 6, pursuant to the
plat thereof recorded in Plat Book 55, pages 86 through 87, and the Clerk is hereby
authorized to release the maintenance security.
E
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Quarry Phase 6 will be maintained privately in the future and will
not be the responsibility of Collier County.
I Packet Pg. 448
16.A.5.c
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
Assistant County Attorney
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