Agenda 09/27/2016 Item #16A17 16.A.17
09/27/2016
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Riverstone - Plat Six, Application Number 20130002629, 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 Six plat, and release the maintenance security.
CONSIDERATIONS:
1) On November 14, 2014, the Development Review Division granted preliminary acceptance of the
roadway and drainage improvements in Riverstone-Plat Six.
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 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$30,911.68 will be released upon Board
approval. The original security in the amount of$179,904.15 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 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
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Riverstone-Plat Six Application Number 20130002629, 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 Pg. 642 I
16.A.17
09/27/2016
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction and Maintenance Agreement (PDF)
3.Resolution (PDF)
Packet Pg. 643
16.A.17
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Item Summary: Recommendation to grant final approval of the private roadway and drainage
improvements for the final plat of Riverstone — Plat Six, Application Number 20130002629, 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 11:03 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
08/24/2016 11:03 AM
Approved By:
Review:
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/30/2016 11:14 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/30/2016 11:48 AM
Growth Management Department David Wilkison Level 2 Division Administrator Completed 09/02/2016 1:49 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/07/2016 9:00 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 4:32 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 3:04 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
Packet Pg. 644
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this Jai 7 day of M47' , 2014
between G.L. Homes of Naples Associates II, Ltd., a Florida limited liability/company,
hereinafter referred to as "Developer," and the Board of County Commissioners of
Collier County, Florida, hereinafter referred to as the "Board".
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RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement,
applied for the approval by the board of a certain plat of a subdivision to be known as:
Riverstone Plat Six plat.
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 3
agreement for the construction of the required improvements. cn
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NOW, THEREFORE, in consideration of the foregoing premises and mutual "-
covenants hereinafter set forth, Developer and the Board do hereby covenant and o
agree as follows: co
I. Developer will cause to be constructed water, sewer, paving and drainage
improvements within 12 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements. c
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $179,904.15 which
amount represents 10% of the total contract cost to complete construction plus 100% of
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the estimate cost of to complete the required improvements at the date of this Agreement. 2
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County °-
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
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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 a)
been furnished to be reviewed and approved by the County Manager or his designee for c
compliance with the Collier County Land Development Code.
Packet Pg. 646
16.A.17.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
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 a)
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 a
approval by the Board, the Board shall release the remaining 10% of the subdivision y
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. cn
7. Six (6) months after the execution of this Agreement and once within every six (6) 67.
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 workco
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 a)
the Developer's engineer together with the project records necessary for review by the a
County Manager or his designee. The County Manager or his designee may grant the Q
request for a reduction in the amount of the subdivision performance security for the a)
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 certification of such failure, the County Manager or his designee may 2
call upon the subdivision performance security to secure satisfactory completion, repaircc
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 °
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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.
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9. All of the terms. covenants and conditions herein contained are and shall he binding
upon the Developer and the respective successors and assigns of the Developer.
Packet Pg. 647
16A17.b
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this hi I-P4 day of
2014.
SIGNED IN THE PRESENCE OF: G.L. HOMES OF NAPLES ASSOCIATES H.
LTD.
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Printed name: Name: W‘t,LAttiA piN FTL,11.1.)
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ATTEST;,, -••''''"
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DWIGHT E BROCK CI RK BOARD OF CO INTY COMMISSIONERS
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Deputy Clerk Attz
TOM HENNIKO, CHAIRMAN
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16.A.17.b
CERTIFIED COPY OF PARTNERSHIP RESOLUTION
I, PAUL CORBAN, Secretary of G.L. Homes of Naples II Corporation, a Florida corporation, the
general partner of G,L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, do
hereby certify that the following is a true and correct copy of a Resolution adopted by the general partner:
"BE IT RESOLVED, that G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited
partnership (the "Partnership"), is developing that certain residential community located in o
Collier County, Florida commonly known as "Saturnia Falls", a/k/a "Terafina" (the
"Community"); and a)
BE IT FURTHER RESOLVED, that G.L. Homes of Naples II Corporation, a Florida 2.1)
corporation (the "General Partner"), as the general partner of the Partnership, intends to
execute, on behalf of the Partnership, various permit applications for and in connection with a
the development of the Community (collectively, the "Land Development Documents"), and a
thereafter, deliver such Land Development Documents to the applicable governmental and o
quasi-governmental bodies, authorities and agencies (individually a "Governmental
Authority"and collectively the"Governmental Authorities"); and
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BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as in
"Authorized Signatory" of the Partnership for the sole'and limited purposeof executing and
delivering to the applicable Governmental Authorities, for and on behalf of General Partner, cn
as the general partner of the Partnership, all of the Land Development Documents ca
necessary for the development of the Community; and =
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BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as an
Authorized Signatory of General Partner for the sole and limited purpose of executing and
delivering to the applicable Governmental Authorities, on behalf of the Partnership, any and
all of the Land Development Documents necessary for the development of the Community;
and
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a)
BE IT FURTHER RESOLVED, that William Fenno, as an Authorized Signatory of General
Partner, be and is hereby authorized to execute and deliver to the applicable Governmental
Authorities, for and on behalf of the Partnership, any and all of the Land Development
Documents necessary for the development of the Community; and
BE IT FURTHER RESOLVED, that any and all action previously taken by William Fenno in
connection with the execution and delivery of Land Development Documents by Generalra
Partner, as general partner of and on behalf of the Partnership, consistent with the authority a
granted herein is, in all respects, ratified, approved and confirmed."
I FURTHER CERTIFY that the above Resolutions are in full force and effect and have not been .•8
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altered, modified or rescinded. �
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EXECUTED as of the 1st day of September, 2010.
Paul Corban, as Secretary of G.L. Homes of
Naples Associates II Corporation, a Florida cts
corporation, the General Partner of G.L. HOMES
OF NAPLES ASSOCIATES II, LTD., a Florida
limited partnership
I Packet Pg. 649
. 16.A.17.b
COLLIER CO1)NTY LAND I)LVELOPMEN F CODE
PERFORMANCE BOND
Bond No. 929563719
KNOW AlI_ PERSONS BY THESE PRESENTS: that
C.L. Homes of Naples Associates 11, Ltd.
1600 Sassgrass Corporate Parkway,4th Floor
Sunrise, FL 33323
(hereinafter referred to as "Owner")and
THE CONTINENTAL INSURANCE COMPANY `m
9850 NW 41" Street.Suite 100
Miami, FL 33178
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(hereinafter referred to as "Surety") are held and firmly hound unto Collier County. Florida, (hereinafter referred to as ;a
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"County") in the total aggregate sura of One Hundred Seventy Nine Thousand Nine Hundred Four and 15/100ct
Dollars(5179,904.15) in las fill money of the t=nited States, for the payment of which sum well and truly to he made.
sse hind ourselves, our heirs. e\ecutors. administrators. successors and assigns.jointly and seserally, firmly by these
presents. Owner and Surety are used far singular or plural. as the contest requires. o
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HIE CONDITION OF '1111S OBLIGATION is such that whereas,the(.)ssner has submitted far approval by the Board a :a
certain subdivision plat named Riverstone Plat Six and that certain subdivision shall include specific improvements
shich 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 �a
acceptance by the Board of County Commissioners of the specific improvements described in the Land Development
Regulations thereinafter the"Guaranty Period-)
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NOW. .fl IER!FORE. if the Owner shall ss 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 full4 indemnify and save harmless the County from and against all costs and act
damages s hich it may suffer by reason of Owner's failure to do so. and shall reimburse and repay the County all outlay d
and expense which the County may incur in staking good any default, then this obligation shall he void. others Ise to
remain in full force and effect.
a)
PROVIDED. Ft'R UIIE.R. that the said Surety. far 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 ssaiye notice of any such change, extension of time. alteration, addition or deletion to the °)
proposed specific improvements.
2
I R()VIDED FUR MLR, that it is expressly agreed that the Bond shall be deemed amended automatically and
(13
immediately, without formal and separate amendments hereto. so as to bind the Ossner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment." shereser used in47.
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this Bond. and whether referring to this Bond. or other documents shall include any alteration. addition or modification
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or an:,. character whatsoever. },
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IN WI INI:SS WI IFREOF, the parties hereto have caused this PERFORN1ANCE BOND to he executed this 12th day of tj
May. 2014.
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• 16.A.17.b
(h+ner
Attest: G.I.,,,i4 'Naples Associates II. Ltd.. by:
(.i1 !tomes o Naples II Corporation its General Partner
(Corporate Seal)
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Paul Corhan, Corporate Secretary N. Mat • enende •'' e Preside
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State of Florida w
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County of Brokkard d
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I I IEREBY CERTIFY that on this day. before me. an officer duly authorized to take acknos ledeements, as
personally appeared N. Maria Menendez. Vice President of GA.. Homes of Naples II Corporation. to me knomn to he c
described in and isho executed the foregoing instrument and acknrnaledued to and before me that the executed theco
same. y
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Witness my hand and official seal in the counts and state last aforesaid this 12th day of Max. 2014. c
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; :'i CAROLYN C.TORRISf :� ��—"__ ._
MY COMMISSION
Notary tic.State of Florida
`f'• yi EXPIRES:January 3.2015
RK.:h Bonded TAN war/Put4ic U i*ifefs
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My commission expires X S A� it
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Attest: The Continental Insurance Company ___.__. _____�__ 1
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As Per Attached PovNer of AltorneY 13v: c
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D.A. Belis. Attorney-In-Fact and Florua t�' nt Af.lt. e
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Before me this day personally appeared D.A. Bells, Attorne -In-Fact for lite Continental Insurance Company. c
‘k ho, bein e duIY s sor'n, executed the foregoinse,instrument and acknot‘led�eed to and before me.the truthfulness and rn
accuracy of the statements in the foregoing instrument. c
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Witness in. hand and official seal in the county and state last aforesaid th's I_'ah day of May. 2014.
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POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT . 16.A.17.b
Know MI\Ien 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(sf-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf hone
undertakings and other obligatory instruments of similar nature- In Unlimited Amounts- for any and all surety bonds and any and all consents require w
by the State Department of Transportation of the State of Florida.incident to the release of retained percentages and/or estimates on engineering and/or d
construction contracts-and to hind 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. 152
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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
adopted,as indicated.by the Board of Directors of the insurance company.
In Witness Whereof.The Continental Insurance Company has caused these presents to he signed by its Vice President and its corporate seal to hr
hereto affixed on this 23rd day of October. 2013.
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.t;INS The Continental Insurance Company
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Paul . Bru at Vice President
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of South Dakota,County of Minnehaha,ss:
On this 23rd day of October,2013,before me personally came Paul T. Bruflat to me known,who.being by me duly sworn.did depose and say: tl y
he resides in the City of Sioux Falls,State of South Dakota:that he is a Vice President of The Continental Insurance Company,a Pennsylvania insuram E
company.described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal 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 he ,
signed his name thereto pursuant to like authority,and acknowledges same to he the act and deed of said insurance company.
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I, D. Boli 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 res ersefyrreof is still in fore cstimany whereof I havercunto uhscribed my name and affixed the stal rf the said ir:sur.ince o
company this day of ccy — _. �)/7t. U
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.t,WSUk The Continental Insurance Company
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I Packet Pg. 652
Riverstone Plat Six 16.A.17.b
4-14-14
Category Item Units Amount Unit Price Total
Water
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8"PVC Water Main w/Fittings 680 LF $20.60 $14,008.00
6"PVC Water Main w(Fittings 75 LF $19.85 $1,488.75
6"Gate Valve 1 EA $930.00 $930.00
Single Water Service(Short) 1 EA $479.68 $479.68
Single Water Service(Long) 2 _ EA $550.26 $1,100.52
Double Water Service(Short) 8 EA $557.26 $4,458.08
Double Water Service(Long) 3 EA $740.20 $2,220.60
Fire Hydrant w/6"Gate Valve 2 EA $3,206.20 $6,412.40
Permanent Sampling Station 1 EA $1,066.10 $1,066.10,
Automatic Flushing Device 1 EA $4,205.60 $4,205.60
Connection to Exist.Main 1 EA $2,430.00 $2,430.00
Sub-total $38,799.73
Sewer
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8"PVC(0'-6'Cut) 287 LF $14.84 $4.259.08 c
Manhole(0'-6'Deep) 1 EA $3,741.80 $3,741.80 G
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6"Single Sewer Service Lateral 1 EA $578.67 $578.67
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6"Double Sewer Service Lateral 6 EA $693.09 $4,158.54 >_
Sub-total $12.738.09 tY
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Drainageas
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15"RCP 49 LF $18.98 $930.02 a)
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18"RCP 325 LF $23.79 $7,731.75 c)
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Junction Box 2 EA $1,507.80 $3,015.60 c
Valley Gutter Inlet 4 EA $2,566.00 $10,264.00 0
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Sub-total $21,941.37
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Paving l)
Type S-3 Asphalt 1"(First Lift) 4,488 SY $4.31 $19,343.28 �o
Type S-3 Asphalt 1"(First Lift) 4,488 SY $2.77 $12,431.76
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6"Limerock Base 4,488 SY $4.70 $21,093.60 c
12"Stabilized Subgrade 7,788 SY $1.25 $9,735.00 r--
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2'Valley Gutter 1,320 LF $6.88 $9,081.60
Pavement Markings&Signage 1 LS $4,250.00 $4,250.00 c
5'Concrete Sidewalk 1,320 SF $ 1.89 $ 2,494.80 a)
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Sub-total $78,430.04 ai
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Landscaping Q
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RNV-Landscape/brig. 10,560 SF $ 0.25 $ 2,640.00 c
Sub-total $ 2,640.00 t°
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Street Lights iii
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Street Lights 3 EA $ 3,000.00 $ 9,000.00 E
Sub-total $ 9,000.00 c
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Total $163,549.23 c
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Bond Total = Total Amount x 110% $179,904.15 =
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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
RIVERSTONE — PLAT SIX, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 55, PAGES 82 THROUGH 85; 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
May 13, 2014, approved the plat of Riverstone—Plat Six for recording; and
a)
WHEREAS, the Developer has constructed and maintained the roadway and as
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 1_
drainage improvements, and is recommending acceptance of said facilities. o
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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 Riverstone— Plat Six, pursuant
to the plat thereof recorded in Plat Book 55, pages 82 through 85, and the Clerk is hereby
authorized to release the maintenance security.
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I Packet Pg. 654 I
1 6.A.1 7.c
BE IT FURTHER RESOLVED AND ORDERED that Collier County accept the
plat dedications and that the roadway and drainage improvements within Riverstone —
Plat Six 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 °'
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Approved as to form and legality:
Scott A. Stone
Assistant County Attorney b,
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