Agenda 09/27/2016 Item #16A16 16.A.16
09/27/2016
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Riverstone - Plat Five, Application Number 20130000785 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 the Riverstone-Plat Five plat, and release the maintenance security.
CONSIDERATIONS:
1) On August 4, 2014, the Development Review Division granted preliminary acceptance of the
roadway and drainage improvements in Riverstone- Plat Five.
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$135,659.45 will be released upon Board
approval. The original security in the amount of $1,122,740 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 September 24, 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 Five Application Number 20130000785, 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
I Packet Pa. 629
16.A.16
09/27/2016
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction and Maintenance Agreement and Bond (PDF)
3.Resolution (PDF)
Packet Pg. 630
16.A.16
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Item Summary: Recommendation to grant final approval of the private roadway and drainage
improvements for the final plat of Riverstone — Plat Five, Application Number 20130000785 with the
roadway and drainage improvements being privately maintained; acceptance of the plat dedications 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
08/24/2016 10:50 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
08/24/2016 10:50 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/30/2016 10:58 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/30/2016 11:13 AM
Growth Management Department David Wilkison Level 2 Division Administrator Completed 09/02/2016 2:07 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/07/2016 8:58 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/07/2016 1:19 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/07/2016 1:27 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 4:19 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 3:02 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg. 631
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SI 'BDIVESION IMPROVEMENTS entered into this Z.CrOt day of $.6, . 2013 a)
between G.L. -Homes of Naples of Naples Associates IL Ltd.. a Florida limited liability 0
company, hereinafter referred to as "Developer." and the Board of County
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Commissioners of Collier County, Florida. hereinafter referred to as the "Board". 2
RECITALS:
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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 Five plat. 0
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 cn
required by said subdivision regulations, said guarantees to be incorporated in a bonded rts
agreement for the construction of the required improvements.
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NOW, THEREFORE, in consideration of the foregoing premises and mutual co
covenants hereinafter set forth. Developer and the Board do hereby covenant and -a
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agree as follows: 0
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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.
a)
a)
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of 51.122.740,00 which a)
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. a)
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
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the required improvements.
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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.
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16.A.16.b
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 Co-
Developer must fulfill in order to obtain the County Manai2er'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.
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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 o.
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
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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 -0
reduce the dollar amount of the subdivision performance security on the basis of work 0
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 cc
the Developer's engineer together with the project records necessary for review by the 4:2)
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
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Agreement. upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
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and maintenance of the required improvements. The Board shall have the right to -o
construct and maintain, or cause to be constructed or maintained, pursuant to public tc
advertisement and receipt and acceptance of bids, the improvements required herein. The 0
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,
c.)
together with any damages, either direct or consequential. V4 hich the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this
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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 Pg. 634
16.A.16.b
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this 2,4 T kt day of
. . 2013,
G HOVFS OF NAN FS ASSOCIATFS
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LTD.
Printed name: ALL:iti ij1)()1,1101 Name: L) lkk-vcv-A Fitt•PN1'
Title: (ALT-
Printed natite: 11,1-4)04 C tItie\ 0
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ArrESt:
BOARI/ F OUN4 COMMISSIONERS
DWIGHT E. B ock, CLERK
OF COtLIit R,, OtrTi. FLORIDA
By: A
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Dep y Cler ItAsras to Chairman's
GEORGIAA. HILLER. ESQ. 2
Approved afT-111-'118-ttn and legal CHAIRWOMAN 0
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Emily R. epin
Assistant County Attorney
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16.A.16.b
COLLIER COUNTY LANE) DEVELOPMENT CODE
PERFORMANCE BOND
Bond No. 929563707
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. Homes of Naples Associates II, Ltd.
1600 Sawgrass Corporate Parkway,4th Floor a)
Sunrise, FL 33323 c
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(hereinafter referred to as "Owner")and a'
THE CONTINENTAL INSURANCE COMPANY a)
9850 NW 41"Street,Suite 100
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Miami, FL 33178
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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 One Million One Hundred Twenty Two Thousand Seven Hundred Forty
and no/100 Dollars(51,122,740.00) in lawful money of the United States, for the payment of which sum well and truly 'y
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. .172
to
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 Five 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 co
Regulations(hereinafter the"Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with o°p
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 a)
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 a'
remain in full force and effect. aa)
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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 2
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and 'a
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.
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to he executed this 21st day of
August, 2013.
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Packet Pg. 636
16.A.16.b
Owner
Attest: G,L. Hones of Naples Associates II, Ltd.. by:
G.L. Homes of Naples II Corporation, its General Partner
(Corporate Seal)
By 1.
FauI Corban,Corporate Secretary N. Mar nende +ent O
State of Florida
County of Broward
I HEREBY CERTIFY that on this day, before me,an officer duly authorized to take acknowledgements, y
personally appeared N. Maria Menendez, Vice President ofG.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 2I st day of August.2013.
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Ottlia.-A.2 .4 6
Notary Public, ate of Florida
N V t IF--MAN�
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My commission expires °` °°
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Surety
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Attest: The Continental Insurance Company E
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As Per Attached Power of Attorney Bv: JO _ `
D.A. Bells, Attorney-In-Fact and Florida Resident Agent
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State of Florida 2
County of Miami-Dade -a
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Before me this day personally appeared D.A. Bells,Attorney-In-Fact for The Continental Insurance Company. 7.7
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 21st day of August,2013.L (CrttL
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Notary,public. State of Florida
N, Eif Adan
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P:EA::EZ a 0 30,2015
My commission expires 4 ,,,,1
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16.A.16.b
POWER Oi„.:ITORNEY APPOINTING INDIVIDUAL.ATIRNEY-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
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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
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-In Unlimited Amounts-
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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 O
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 2
to be hereto affixed on this 14th day of September,2009.
R ;tN3V The Continental Insurance Company
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Jacqu- e M. elcastro Senior Vice President
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State of Illinois,County of Cook,ss:
On this 14th day of September,2009,before me personally came Jacquelyne M.Belcastro 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 at
Pennsylvania insurance company,described in and which executed the above instrument;that she knows the seal of said insurance company;that the seal aa,
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.
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My Commission Expires September 17,2013 Eliza ice Notary Public `6
CERTIFICATE
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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 rev a teof is still in fore In testimony whereof!have hereunto subscribed my name and affixed the seal of the said
insurance company this 2l day of r j u �j�
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;1t.Sti,., The Continental Insurance Company
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Form F6850-5/2009
Packet Pg. 638
16.A.16.b
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Riverstone Plat Five
8-19-13
I Category Item Units 1 Amount 1 Unit Price Total
Water
8"PVC Water Main w/Fittings 3,359 LF $20 60 $69,195 40
8"C900 Water Main w/Fittings 115 LF $23.74 $2,730.10
10"PVC Water Main w/Fittings 1,368 LF $22.00 $30.096.00
10"C900 Water Main wlFittings 158 LF $25.10 $3.965.80
8"Gate Valve 10 EA $1,148.00 $11,480.00
10"Gate Valve 4 EA $1,510.00 $6.040.00
Single Water Service(Short) 5 EA $479.68 $2,398.40,
Single Water Service(Long) 8 EA $550.26 $4,402.08
Double Water Service(Short) 29 EA $557 26 $16.160.54
Double Water Service(Long) 17 EA $740.20 $12,583.40
Fire Hydrant w/6"Gate Valve , 10 EA $3,206 20 $32.062.00
Permanent Sampling Station 1 EA $1,066.10 $1,066.10
a)
Automatic Flushing Device 2 EA $4,205 60 $8,411.20 c
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Connection to Exist. Main 1 EA $2,430.00 $2,430 00 in
Sub-total $203,021 02
Sewer
8"PVC(0-6'Cut) 1,252 LF $14.84 $18,579 68 a)
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8"PVC(6'-8'Cut) 1,076 LF $19.09 $20,540.84 as
8"PVC(8%10'Cut) 975 LF $21 34 $20,806.50 0.
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8"PVC(10'-12Cut) 691 LF , $25.84 $17.855.44 o
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8"PVC(12-14'Cut) 575 LF $32 34 $18,595 50 <
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8"PVC(14'-16'Cut) 172 LF $32.34 $5,562 48 0
Manhole(0%6'Deep) 9 EA $3,741.80 $33,676 20
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Manhole(6%8'Deep) 4 EA $4,566.80 $18,267 20 lo
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Manhole(8%10'Deep) 3 EA $5,286.00 $15,858 00
Manhole(10'-12'Deep) 5 , EA $6,269 00 $31,345 00 CO
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Manhole(12.-14'Deep) 1 EA $7,152.00 $7,152.00 a
Outside Drop 1 EA $2,300.00 $2,300 00 ii:
6"Single Sewer Service Lateral 24 EA $578.67 $13.688.08 ct
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6"Double Sewer Service Lateral 52 EA $693 09 $36,040 68 co
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Sub-total $260,467 60
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Drainage c
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15"RCP , 268 LF $18.98 $5,086.64 0:1
18"RCP 1.297 LF $23.79 $30,855 63 "0
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24"RCP 408 LF $30.02 $12.248.16 as
36"RCP 415 LF , $54.04 $22,426.60
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18"Flared-end Section 7 EA $723 00 $.5.061 00 E
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24"Flared-end Section 2 EA $819.00 $1,638.00 E
36"Flared-end Section 2 EA $1,284.00 $2,568.00
Junction Box 2 EA $1,507 80 $3,015.60 a)
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Valley Gutter Inlet 21 EA $2,566.00 $53,886.00 a
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Sub-total $136,785,63. c
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Paving c
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Type S-3 Asphalt 1"(First Lift) 11.360 SY , $4 31 548,961 60
Type S-3 Asphalt 1"(First Lift) 11,360 SY $2.77 $31,467.20, "0
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6"Limerock Base 11,360 SY $4.70 $53,392.00, as
12"Stabilized Subgrade 14,770 SY , $1.25 $18,462.50 c
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2'Valley Gutter 10,164 LF , $6.88 $69,928.32
3'Valley Gutter at H/C Ramps 60 LF $19.29 $1,157.40 2
1/1
Pavement Markings&Signage 1 LS $4,250.00, $4,250.00 a
5'Concrete Sidewalk 50,825 SF $ 1.89 $ 96,059.25 C.)
Sub-total $323,678.27 .,..,—
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Landscaping/ a)
Irrigation Common &RNV- Landscapetirrig, 61,200 SF $ 0.25 $ 15,300.00 E
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Lake Bank- Sod/Irrigation 61,200 SF $ 0.35 $ 21,420.00 at
I6.A.16.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 RIVERSTONE
— PLAT FIVE, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 54,
PAGES 54 THROUGH 57; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS
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WHEREAS, the Board of County Commissioners of Collier County, Florida, on cp
September 24, 2013, approved the plat of Riverstone—Plat Five for recording; and
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WHEREAS, the Developer has constructed and maintained the roadway and co
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
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WHEREAS, the Developer is requesting final acceptance of the roadway and
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.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby o
granted for those roadway and drainage improvements in Riverstone —Plat Five, pursuant c
to the plat thereof recorded in Plat Book 54, pages 54 through 57, and the Clerk is hereby a
authorized to release the maintenance security.
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Packet Pg. 640
1 6.A.1 6.c
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Riverstone—Plat Five 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 C2
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Approved as to form and legality:
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Scott A. Stone u7
Assistant County Attorney
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