Agenda 10/11/2016 Item #16A 5 16.A.5
10/11/2016
EXECUTIVE SUMMARY
Recommendation to grant final approval of the private roadway and drainage improvements for
the final plat of Traditions, The Villas at Grey Oaks Application Number PL20120001515,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 Traditions, The Villas at Grey Oaks plat, and release the maintenance
security in the amount of$460,947.30.
CONSIDERATIONS:
1) On October 2, 2012, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Traditions,The Villas at Grey Oaks.
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 Grey Oaks 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$460,947.30 will be released upon Board
approval. The security is subject to the terms of the Construction and Maintenance Agreement dated
March 5,2012.
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
Traditions,The Villas at Grey Oaks,Application Number PL20120001515,and authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and acceptance of the plat dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
Packet Pg.451
1 6.A.5
10/11/2016
ATTACHMENT(S)
1.Location Map (PDF)
2.Construction and Maintenance Agreement (PDF)
3.Resolution (PDF)
Packet Pg.452
16.A.5
10/11/2016
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 Traditions, The Villas at Grey Oaks Application Number
PL20120001515,with the roadway and drainage improvements being privately maintained, acceptance of
the plat dedications and authorizing the release of the maintenance security.
Meeting Date: 10/11/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
08/30/2016 1:52 PM
Submitted by:
Title:Project Manager,Principal—Growth Management Department
Name: Matthew McLean
08/30/2016 1:52 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/31/2016 3:56 PM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 09/09/2016 3:38 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/12/2016 2:30 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/13/2016 2:25 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/13/2016 4:15 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/14/2016 9:51 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/16/2016 8:58 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/23/2016 10:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/03/2016 8:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/11/2016 9:00 AM
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16A.5.13
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
11*
IMPROVEMENTS entered into this I day of %v.,A .ij,4 ,2012 between CCC Traditions,
LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County,Florida,hereinafter referred to as the"Board".
RECITALS:
A. Developer has,simultaneously with the delivery of this Agreement,applied for the approval by
the Board of a certain plat of a subdivision to be known as:TRADITIONS,THE VILLAS AT GREY
OAKS '5
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 Cs1
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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: Earthwork, paving, drainage, potable water,
irrigation and landscape improvement within 18 months from the date of approval said subdivision plat,
said improvements hereinafter referred to as the required improvements.
2
2. Developer herewith tenders its subdivision performance security (attached hereto as -o
Exhibit"A"and by reference made a part hereof)in the amount of$460,947.30 which 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.
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.
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.
Page 1 of 3
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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
17)*
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 "cs
preliminary approval of the improvements if they are in fact constructed and submitted for approval in
(1)
accordance with the requirements of this Agreement.
a.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the improvements la
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
(3)
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 a)
amount of the subdivision performance security on the basis of work complete. Each request for a
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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 .c
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necessary for review by the County Manager or his designee. The County Manager or his designee may 2
grant the request for a reduction in the amount of the subdivision performance security for the
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improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon the
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subdivision performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
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constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final
total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs,
together with any damages, either direct or consequential, which the Board may sustain on account of the
failure of the Developer to fulfill all of the provisions of this Agreement.
Page 2 of 3 Packet Pg.456
16.A.5.b
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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.
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this 114 day of IME,4120 12
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SIGNED IN THE PRESENCE OF: o
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CCC Traditions,LLC 13
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PERFORMANCE BOND
BOND NO. 105509490
KNOW ALL PERSONS BY THESE PRESENTS:that
CCC Traditions, LLC (Name of Owner)
135 Lorenzo Ave (Address of Owner)
Coral Gables, FL 33146-1877q (Address of Owner)
(Hereinafter referred to as"Owner")and
Travelers Casualty .& Surety Co. sz
(Name of Surety)
of America
(nP 'Pr j r Rquartz #3PB (Address of Surety)
Hartford, CT 06813 >
(Address of Surety) :a
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(800) 873-1477 (Telephone Number)
(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 F '",^° ^'i"1°F°^ySe""n". , Dollars
($460.947.30 ) in lawful money of the United States, for the payment of which sum well and truly r'
to be made, we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and c^
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Traditions.The Villas at Grey Oaks 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 2
Regulations(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
failure to do so,and shall reimburse and repay the County all outlay and expense which the County may V
incur in making good any default, then this obligation shall be void,otherwise to remain in full force and
effect.
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.458
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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 1(D4AA day of * .1014,10•A'y ( ..(.9 D- / .
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WITNESSES: (Owner and Title' orporati• )
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED EFORE ME THIS DAY OF
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WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AllIk POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America 1......--,,
St.Paul Fire and Marine Insurance Company United Stows Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 224190 Certificate No. 0 0 4 6 1 7 0 1 1
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KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company.St.Paul Guardian Insurance Company and St.Paul Mercury Insurance .2.
Company are corporations duly organized under the laws of the State of Minnesota.that Farmington Casualty Company.Travelers Casualty and Surety Company,and
Trio elers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut.that United States Fidelity and Guaranty Es
Company is a corporation duly organized under the laws of the State of Maryland.that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the lass of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters. Inc..is a corporation duly organized under the laws of the State of Wisconsin 8
(herein collectively called the"Companies.).and that the Companies do hereby make.constitute and appoint C
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Huntley A,Hombeck II,Kristin M.Naiad,Marc E.Williams,Stephen J.Benza,Betty L.Curry,and Charity A.Strassel c..)
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of the City of Naples .State of Florida •their true and lawful Anomer si-in-Fact. 0)
each in their separate capacity if more than one is named ahove,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and To
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of E
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ii..
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IN WITNESS WHEREOF,the Companies has e caused this instrument to he signed and their corporate seals to he hereto affixed,this 4E'' s
November 2011 as
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Farmington Casualty Company St.Paul Mercury Insurance Company I-
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Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company <
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America 0
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2nd November 2011
On this the day of . , before me personally appeared George W. Thompson, who acknowledged 4)
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himself to be the Senior"ice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters. ,
Inc.. Si. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Traselers Casualty and Surety ei
Company,.fravelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do. eV
executed the foregoing instrument for the purposes therein contained by siening on behalf of the corporations by himself as a duly authorized officer
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. .ein Witness Witness W'hereof,I hereunto set in', hand and official seal. " *1AR
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My Commission expires the 10th day of*June,2016. * - VD * Marie C forearm,Notary Public
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i Packet Pg.ov-
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16 AS.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
TRADITIONS, THE VILLAS AT GREY OAKS,
ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 51, PAGES 54
THROUGH 56; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 14, 2012, approved the plat of Traditions, The Villas at Grey Oaks for
recording; and
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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, ase
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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 c
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WHEREAS, the Natural Resources and Engineering Services 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements in Traditions, The Villas at Grey
Oaks, pursuant to the plat thereof recorded in Plat Book 51, pages 54 through 56, and the
Clerk is hereby authorized to release the maintenance security.
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Packet Pg.461
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Traditions, The Villas at Grey Oaks 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
A I-1 EST: COLLIER COUNTY,FLORIDA
DWIGHT E.BROCK,CLERK
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,Deputy Clerk TIM NANCE, CHAIRMAN
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Approved as to form and legality:
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Scott A. Stone •>-
Assistant County Attorney
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