Agenda 09/13/2016 R Item #16A31 16.A.31
09/13/2016
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, and acceptance of the plat dedications, for the final plat of Lantana, Application
Number PL20100001536 and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On August 15, 2013, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Lantana.
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.1 of the Land Development Code.
A copy of the document is attached.
5) The Olde Cypress PUD which encompasses the plat of Lantana 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$186,842.90 will be released upon Board
approval. The original security in the amount of $503,244.90 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 March 7, 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
Lantana,Application Number PL20100001536,and authorizes;
1. To execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
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09/13/2016
2. To release the maintenance security by the Clerk of Courts.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,Growth
Management Department
ATTACHMENT(S)
1.Location Map (PDF)
2. Construction&Maintenance Agreement and Letter of Credit (PDF)
3.Resolution (PDF)
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1 6.A.31
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.31
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Lantana,
Application Number PL20100001536 and authorize the release of the maintenance security.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
06/29/2016 8:51 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
06/29/2016 8:51 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/29/2016 9:47 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 2:51 PM
Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 06/29/2016 9:48 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/02/2016 12:50 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:01 PM
Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 06/29/2016 9:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/09/2016 12:02 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 4:41 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 9:04 AM
Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 06/29/2016 9:49 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 8:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
9.,9 (k, day of ' - )I Lt a 1r / , 2013 between Vita PIMA.LLC
hereinafter referred to as"Developer't,and the Board of County Commissioners of Collier County, Florida, c7
hereinafter referred to as the"Board". cats
RECITALS: —t
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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: Lantana @ Olde Cypress O.
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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
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regulations, said guarantees to be incorporated in a bonded agreement for the construction of the '>
required improvements.
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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 agree as follows:
1. Developer will cause to be constructed:M1)ttJC�s t?ADti.11i V2AN cE'&. 4 t-
within t2 months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements. '=
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of$503.244.90 - which amount represents 10%of the
total contract cost to complete the construction plus 100%of the estimated cost to complete the required a)
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 aE.
performance security to insure satisfactory completion of the required improvements.
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4. The required improvements shall not be considered complete until such a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be v
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 2
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
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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 year maintenance period by m
the Developer has terminated,the developer shall petition the County Manager or his designee to inspect .c
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 =it't
Board, the Board shall release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required Improvements shall continue unless or until
the Board accepts maintenance responsibility for and by the County.
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7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete. Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of substantial
completion by the Developer's engineer together with the project records necessary for review by the z
County Manager or his designee. The County Manager or his designee may grant the request for a c
reduction in the amount of the subdivision performance security for the improvements completed as ofca
the date of the request. v
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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 call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required Q
improvements. The Board shall have the right to construct and maintain, or cause to be constructed or o_
maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements y
required herein. The Developer, as principal under the subdivision performance security,shall be liable to €a
pay and to indemnify the Board, upon completion of such construction,the final total cost to the Board c.c2cc
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 c
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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 be binding upon the Developer
and the respective successors and assigns of the Developer.
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IN WITNESS WHEREOF, the Board and,the Developer have caused this Agreement to be executed by their duly U
authorized representatives this r�c.9\r�C\ day of , In r'I..a vy , 20 13 o
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SIGNED IN THE PRESENCE OF: (Name of entity) ,
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ATTEST: c
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DWIGHT E.,BROCIS;CLERK BOARD OF COUNTY CaMMISSIONERS OF COLLIER c
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COUN FLORIDA N
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Be ` SQ C - By: alL ! I U
Dep 0 ` ..4:C!3 ( GEC.GI A. HILLER, ESQ. m
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sioatureon .:_u.
Approved as to,forhvirid legal sufficiency: w
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Lantana @ Olde Cypresss
(f/k/a Vita Tuscana)
OPINION OF PROBABLE COST
March 7, 2013 1
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SUMMARY .;
EOPC Amount Remaining Work Ta
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Wastewater $405,685.25 $0.00
Water $247,247.50 $0.00
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Irrigation $146,638.50 $0.00
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Drainage $275,395.40 $0.00 -J
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Paving $633,579.30 $311,499.50
Earthwork $95,408.05 $0.00
Landscaping $38,500.00 $0.00
Lighting $75,000.00 $0.00 Fs
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TOTAL $1,917,454.00 $311,499.50 0
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10% of Original Amount S 191,745.40 0
100%o of Remaining Work $ 311,499.50
Required Bond Amount $ 503,244.90
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FLORIDA COMMUNITY BANK
IRREVOCABLE STANDBY LETTER OF CREDIT
No. 800263-200
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ISSUER: Florida Community Bank,N.A.
1400 N 15 Street
Immokalee, FL 34142
(239)303-5375 Ei
(hereinafter"Issuer"). 76
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PLACE AND DATE OF ISSUE: 1400 N. 15 Street, Immokalee, FL 34142, January 30, 2013.
PLACE OF EXPIRY: At issuer's counters located at 1400 N. 15 Street. Immokalee. FL 34142.
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DATE OF EXPIRY: This Credit shall be valid until January 30, 2014, and shall thereafter be o
automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty .;1'
(60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing to staff (at .13
Engineering Review Services, 2800 N. Horseshoe Dr., Naples, FL 34104) by registered mail that the 2
Issuer elects not to so renew this Credit.
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APPLICANT:
Vita Pima, LLC
2647 Professional Circle, Unit 1201
Naples, FL 34119
(239) 449-5227
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(hereinafter`Applicant") I
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BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 2
"Beneficiary") c/o Engineering Reivew Services, 2800 North Horseshoe Drive, Florida, 34104.
AMOUNT: $503.244.90 (U.S.)up to an aggregate thereof.
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CREDIT AVAILABLE WITH: Florida Community Bank.N.A. (Issuer). w
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
2001 Palm Beach Lakes Blvd..Ste. 100 • West Palm Beach.FL 33409 • Tel(561)681-5562 • Fax(561)684-0885
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DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
(SUBSTANTIALLY IN THE FORM ATTACHED) DRAWN ON THE ISSUER AND PRESENTED
AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT (SUBSTANTIALLY
IN THE FORM ATTACHED) PURPORTEDLY SIGNED BY THE COUNTY MANAGER,
CERTIFYING THAT: " VITA PIMA, LLC has failed to construct and/or maintain the improvements
associated with that certain plat of a subdivision know as LANTANA or a final inspection satisfactory to 2
Collier County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary."
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DRAFTS DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under Florida o
Community Bank. N.A.. Credit No. 800263-200 , dated January 30. 2013 ." The original Letter of
Credit and all amendments, if any must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall .N
not in any way be modified, amended, or amplified by reference to any documents, instrument, or LB
agreement referenced to herein or in which this letter of credit relates. and any such reference shall not be
deemed to incorporate herein by reference any document, instrument or agreement. To
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Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this
credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision),
International Chamber of Commerce Publication No. 600. U
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FLORID C O M IT, BA K .A.
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By:
David Albright, Senior Vice President
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Senior Banking Executive,
Southeast and Treasure Coast
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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 LANTANA,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 52, PAGES 47
THROUGH 52; RELEASE OF THE
MAINTENANCE SECURITY; AND
ACCEPTANCE OF THE PLAT DEDICATIONS (a
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
January 22, 2013, approved the plat of Lantana 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
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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, TI-IEREFORE, 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 Lantana, pursuant to the plat
thereof recorded in Plat Book 52, pages 47 through 52, and the Clerk is hereby authorized cc
to release the maintenance security.
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BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Lantana will be maintained privately in the future and will not be
the responsibility of Collier County.
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This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2016.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk DONNA FIALA, CHAIRMAN
Approved as to form and legality:
a)
Scott A. Stone
Assistant County Attorney
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