Loading...
Agenda 07/11/2017 Item #16A 607/11/2017 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Hatchers Preserve, Application Number PL20120000510 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 acceptance of the improvements associated with the Hatchers Preserve plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On September 5, 2012, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Hatchers Preserve. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association, with the exception of ‘Tract A’, that portion of the Westclox Street public right of way fronting the Hatchers Preserve subdivision, which will be maintained by the County. 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 not within a PUD. FISCAL IMPACT: The roadway and drainage improvements, with the exception of Tract A as described above, will be maintained by the project's homeowners association. The existing security in the amount of $80,000 will be released upon Board approval. The original security has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated July 7, 2015. Westclox Road is maintained by Collier County with funds from the Transportation Services operations and maintenance budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. 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 Hatchers Preserve, Application Number 20120000510, 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 which was posted in the form of a Cash Bond to Hatchers Preserve, LLC. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division 07/11/2017 ATTACHMENT(S) 1. Location Map (PDF) 2. Construction & Maintenance Agreement (PDF) 3. Resolution (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 3306 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Hatchers Preserve, Application Number PL20120000510 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 07/11/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 06/06/2017 6:38 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/06/2017 6:38 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/06/2017 9:00 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/06/2017 12:20 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/12/2017 8:15 AM Growth Management Department Matthew McLean Additional Reviewer Completed 06/12/2017 12:35 PM Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 06/02/2017 8:46 AM Growth Management Department James French Additional Reviewer Completed 06/15/2017 2:02 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/21/2017 12:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 1:12 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 4:48 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2017 5:46 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 1:27 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM 14 13 18 17 16 15 14 23 24 19 20 21 22 23 C.R. 846 _ I I LOCATION MAP HATCHERS PRESERVE SITE MAP 5� R' 8z 1, 12d26 7 14 13 18 17 N16 1523 24 19 20 21 22IMMO <CALE2826 25 30 29 PROJECT 27 LOCATION 9,,l C.R 890 2g 34 35 33 36 31 32 LAKE TRAFFORD MAIN ST. 3 C.R 846 6 5 2 4 S� ?9 11 12 7 8 9 1 10 11 14 13 18 17 16 15 14 23 24 19 20 21 22 23 C.R. 846 _ I I LOCATION MAP HATCHERS PRESERVE SITE MAP IMPROVEMENTS entered into this 7*luy of J,r 1.,2015, between Hatchers Preserve, LLC hereinafter referred to as "Developer," *d ,h" Bo*d of iF*,y commissioners of collier county, Florid4 hereinafter referred to as the "Board". Page I of3 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION RECITALSI A. On May 13,2008, Collier County approved a certain suMivision known as Hatchers Preserve. B. In accordance with subdivision regulations under Chapter 4 and 10 of the Collier County Land Development Code, the previous developer, Empowerment Alliance of Southwest Florida, CDC, provided a Construction, Maintenance and Escrow Agreement subdivision performance security in the amount of $80,000.00 as a guarantee for the construction of the improvements required by said subdivision regulations (attached hereto as Exhibit "A"). C. Developer is now owner of the Hatchers Preserve plat property, and wishes to replace the existing Construclion, Maintenance and Escrow Agreement with an altemate subdivision performance securiry, as provided herein. 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: required landscaping and sidewalks prior to November 15,2016. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B" and by reference made a part hereofl in the amount of $80,000.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated 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 ofthe 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 fumished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. E,\E,' 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) notiff 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 year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining lloh of the subdivision perfornance 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. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 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 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 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. 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. Page 2 of3 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ?" lday of 2015. SIGNED IN THE PRESENCE OF:(Name of Entity) By: Print N : r-{ q a -T;.r€s S teven P LLC. Print ame: By: ATTEST: DWIGHT E. BROCK,Clerk BOARD OF COUNTY COMMISSIONERS LORIDA By: TIM CE. Chairman CutMbr. Attr-;lffisnutl'ctert signature only. Approved as to form and Scott Assistant County Attomey Approv.d Fom - JAK - Februar! 2006 .tL tolV ,3 Page 3 of 3 @ OF COLLIER COUNTY, Exhibit B Colller CountY Growth anagementDlvlslon 2800 Horscshoe Dtive N. Nrql.e, FL 341U 2 RECEIPT OF PAYMENT RGCdfi llumbcr: franractlon NumbGr: D.t P!ld! Amount Duc! Paymrrlt DGtalls: Amount P.id: chlngc / Ova6gr.: Cont!ct: FEE DETAILS: Era-cr.rdrtle! Rcfundable Bonds Cashlcr N.mG: B.tch Numbcr: Erltcrld By: 2015240901 2015-021369 04/23/2O7s $80,000.00 Prvm.nt l.lcthod Check s80,000.00 $0.00 Hatchers Preserve, LLC P O Box 343529 Florlda City, FL 33034 BltaIt[Il.fftlolrr PL201r0002078 Atrcntrl-Pdtl $80,0o0.00 cDlsx-dnEEr 1041 gIlcllrl E!3 $80,000.00 Ar ount P.ld $80,000.00 GL Account 670-000000-2201r3 AmandaBayouml 44L7 hughes_J RESOLUTION NO. 17- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN HATCHERS PRESERVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51, PAGES 88 THROUGH 89; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 13, 2008, approved the plat of Hatchers Preserve 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 drainage improvements and release of his maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Hatchers Preserve, pursuant to the plat thereof recorded in Plat Book 51, pages 88 through 89, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that Collier County accept plat dedications and that the roadway and drainage improvements within Hatchers Preserve will be maintained privately in the future and will not be the responsibility of Collier County, with the exception of "Tract A", that portion of the Westclox Street public right- of-way fronting the Hatchers Preserve subdivision which will be maintained by Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2017. DATE: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rn PENNY TAYLOR, CHAIRMAN