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Agenda 11/14/2017 Item #16A 511/14/2017 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the roadway and drainage improvements for the final plat of Faith Landing Phase Two, Application Number PL20130001663; 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 Faith Landing Phase Two plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On July 9, 2014, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Faith Landing Phase Two. 2) The improvements within the public right-of-way (Tract R) will be maintained by Collier County. All other drainage improvements will be maintained by the homeowner’s association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on October 4, 2017, 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 Faith Landing PUD, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and sidewalk improvements will be maintained by Collier County out of the Operations and Maintenance Budget. The existing security in the amount of $66,363.20 will be released upon Board approval. The original security in the amount of $737,300.08 has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated September 4, 2013. 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 Faith Landing Phase Two, Application Number PL20130001663, 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 of the maintenance security. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division 11/14/2017 ATTACHMENT(S) 1. Location Map (PDF) 2. Construction & Maintenance Agreement (PDF) 3. Resolution (PDF) 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 3893 Item Summary: Recommendation to grant final acceptance of the roadway and drainage improvements for the final plat of Faith Landing Phase Two, Application Number PL20130001663; acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 11/14/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 10/06/2017 9:52 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/06/2017 9:52 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/09/2017 2:04 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/10/2017 10:18 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 10/10/2017 2:02 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/12/2017 4:04 PM Road Maintenance Travis Gossard Additional Reviewer Completed 10/16/2017 9:06 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/16/2017 11:46 AM Growth Management Department James French Deputy Department Head Review Completed 10/16/2017 12:17 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/18/2017 3:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2017 2:37 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/24/2017 9:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/24/2017 2:12 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/01/2017 11:30 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM L O C A T I O N M A P S I T E M A P FAITH LANDING 16A10 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this y day of September, 2013 between Habitat for Humanity of Collier County, Inc., 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 certain plat of a subdivision to be known as: Faith Landing Phase II. 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 agreement for the construction of the required improvements. 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: Road way, water and sewer utilities, Street lights, Sidewalks and storm drainage. Within 24 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$737,300.08 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost 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 such 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. 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, 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 16 A10 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. 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 of 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of August, 2013. SIGNED IN THE PRESENCE OF: HABITAT FOR HUMANITY OF COLLIER COUNTY, ICI --., a Flo 'daj, for-profit corpor. '.: Nyt a5 loheras SAMUEL . 'I URSO, its President Lisa Left('w t o , 2.013 r. ATTEST:BOARD Olr C UNTY COMMISSIONERS OF COLLIER FO NI;V FLORIDA DWI , T E. BR 1 CK,CLERK V By: GI A,(. HILLER, Chairwoman Deputy Clerk es as 0 airman s signature only. A.•robed as to form and legal+i , 700 Brickeil Avenue Miami,Florida 33131 Telephone:(305)372-1000 SWIFT CNORUS3M Northern Trust 16A10 ' IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC500972 ISSUER'S IDENTIFYING NUMBER ABA 066009650 ISSUER: THE NORTHERN TRUST COMPANY, 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131 ATTENTION: LETTERS OF CREDIT DEPARTMENT(HEREINAFTER "ISSUER"). PLACE AND DATE OF ISSUE: 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131 ATTENTION: LETTERS OF CREDIT DEPARTMENT . DATE: SEPTEMBER 27, 2013 PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 BRICKELL AVENUE, MIAMI, FLORIDA 33131, ATTN: LETTERS OF CREDIT DEPARTMENT. DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL SEPTEMBER 29, 2014, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING TO STAFF (AT ENGINEERING REVIEW SERVICES, 2800 N. HORSESHOE DR., NAPLES, FL 34104) BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT. APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., (HEREINAFTER APPLICANT") 11145 TAMIAMI TRAIL E.,NAPLES,FLORIDA 34113. BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES, FLORIDA 34112. AMOUNT: USD737,300.08 (SEVEN HUNDRED THIRTY SEVEN THOUSAND THREE HUNDRED AND 08/100 U.S.DOLLARS(U.S.)UP TO AN AGGREGATE THEREOF. CREDIT AVAILABLE WITH: ISSUER. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. PAGE 1 OF 2 Wage - SL. C500972 700 Brickell Avenue Miami,Florida 33131 Telephone:(305)372-1000 SWIFT:CNORUS3M 16 A 1 0 Northern Trust PAGE 2 OF 2 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC500972 DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: '`HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE ROAD WAY, WATER AND SEWER UTILITIES, STREET LIGHTS AND SITE DRAINAGE, EXTENSIONS AND/OR IMPROVEMENTS AS SHOWN ON THE PLANS FOR `FAITH LANDING PHASE H', OR PRIOR TO THE DATE OF EXPIRY THE APPLICANT FAILED TO COMPLETE THE REQUIRED FINAL ACCEPTANCE PROCEDURES AS REQUIRED BY THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY AS REQUIRED BY THAT ORDINANCE." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER THE NORTHERN TRUST COMPANY, LETTER OF CREDIT NO. SLC500972 DATED SEPTEMBER 27, 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 NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENTS, INSTRUMENT, OR 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. 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 . THE NORT '•N fi'UST COMPANY B • _. LUIS G. if•• • • i, ICE P' ESIDENT TELEPH$NE (305 '18-60'1 2I1' age - SI. C500972 16A10TheNorthernTrust ( tnitp,lu}- 7 i Bricked :Avcn,,s,. mi_mi. FIOrida 31131 fit;i 72-10)o Northern Trust LETTERS OF CREDIT AUTHORIZED SIGNATURE LIST THE FOLLOWING INDIVIDUALS ARE AUTHORIZED TO SIGN LETTERS OF CREDIT RELATED TRANSACTIONS ON BEHALF OF NORTHERN TRUST, N.A. 1 THELMA K. RESTREPO VICE PRESIDENT j7 LILSPANA SECOND`VICE PRESIDENT ri- EDC/ARD CASTILLO VICE PRESIDENT JANET M. HODDER SECOND VICE PRESIDENT TS'6:-, -1ORVI `'ICE.RRESIDENT 0..),_,.: (4_7_,A,c___ IVIVIAN M.'MURCIA OFFICER l6AlOPhaseTwo50UnitsFaithLanding50 Engineer's Opinion of Probable Costs-June 21,2013 Habitat for Humanity of Collier County-JEI#20078890 Part 1-GENERAL ITEM DESCRPTION UNIT QUANT. UNIT COST COST MAINTENANCE OF TRAFFIC LS 1 4,500.00 4,500.00 MOBILIZATION LS 1 15,000.00 15,000.00 STAKED SILT FENCE,TYPE III LF 8800 1.00 8,800,00 SOIL TRACKING PREVENTION DEVICE(50'X20') EA 1 2,000.00 2,000.00 SITE LIGHTING EA 12 1,000.00 12,000.00 ESTIMATED SUB-TOTAL $40,300.00 Pot 2-ROADWAY ITEM DESCRIPTION UNIT QUANT. UNIT COST COST STABILIZED SUBGRADE(12-DEPTH.LBR 40) SY 4800 3.80 16,560.00 8'LIMEROCK BASE,LBR 100 SY 3710 10.00 37,100.00 1.5'ASPHALTIC CONCRETE TYPE S SY 3710 8.00 29,880.00 4'LIMEROCK BASE,LBR 40(SIDEWALK) SY 1490 8.00 11,920.00 4'CONCRETE SIDEWALK(REINFORCED) SY 1490 22.00 32,780.00 2'VALLEY GUTTER CURB LF 2814 8.00 20,912.00 SIGNAGE AND STRIPING LS 1 7,000.00 7,000.00 ESTIMATED SUB-TOTAL $155,052.00 Part 3-SANITARY SEWER ITEM DESCRIPTION UNIT QUANT. UNIT COST COST REHAB AND CONNECT TO EXISTING MANHOLE EA 1 2,000.00 2,000.00 4'SANITARY MANHOLE(3'4'DEEP) EA 7 4,200.00 29,400.00 4'SANITARY MANHOLE(8'-10'DEEP) EA 2 4,800.00 9,200.00 4'SANITARY MANHOLE(10'-14'DEEP) EA 3 5,000.00 15,000.00 8'PVC-SDR 26(Y-8'DEEP) LF 1813 28.00 50,784.00 8'PVC-MR 28(8'-10'DEEP) LF 348 33.00 11,484.00 8'PVC-SDR 28(10'-14'DEEP) LF 783 40.00 30,520.00 DOUBLE SANITARY SERVICE/CLEANOUT EA 54 800.00 43,200,00 SINGLE SANITARY SERVICE/CLEANOUT EA 1`\``\\N 11111/6/ AA//i' $ 700.00 T tiwort/ / $192,288.00 it i i W = a- ,;t/ S SIONA;\' lillii Page 1 of 2 16A10 Part 4-WATER MAIN ITEM DESCRIPTION UNIT QUANT. UNIT COST COST DOUBLE WATER SERVICE EA 17 800.00 13,600.00 SINGLE WATER SERVICE EA 15 500.00 9,00090 ESTIMATED SUB-TOT x,500.00 Part 5-DRAINAGE ITEM DESCRIPTION UNIT QUANT. UNIT COST COST TYPE'C'INLET EA 2 2,800.00 5,800.00 VALLEY GUTTER INLET EA 14 3,50000 49.00000 ADS YARD DRAIN EA 1 1,200.00 1,200.00 JUNCTION BOX EA 2 6,000.00 12,000.00 15'PVC LF 106 25.00 2,650.00 24'REINFORCED CONCRETE PIPE LF 250 40.00 10,000.00 30'REINFORCED CONCRETE PIPE LF 389 50.00 19,450.00 36'REINFORCED CONCRETE PIPE LF 123 70.00 8,610.00 42'REINFORCED CONCRETE PIPE LF 238 90.00 521,420.00 48'REINFORCED CONCRETE PIPE LF 358 120.00 42,960.00 54'REINFORCED CONCRETE PIPE LF 433 140.00 60,620.00 ESTIMATED SUB-TOTAL $233,510.00 Patti.LANDSCAPE ITEM DESCRIPTION UNIT QUANT. UNIT COST COST SEED AND MULCH SY 38000 0.50 19,000.00 ESTIMATED SUB-TOTAL $19,000.00 PHASE TWO ESTIMATED TOTAL $953,83090 vO' BR0 /,,i i Q 0. ' W = 2 4;;;; 77;I° :;\\. 46 6 Page 2 of 2 2013 FLORIDA NON PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT#742136 Apr 22, 2013 Entity Name: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Secretary of Stag 6 A 1CurrentPrincipalPlaceofBusiness: j 11145 TAMIAMI TRAL EAST NAPLES, FL 34113 Current Mailing Address: 11145 TAMIAMI TRAL EAST NAPLES, FL 34113 US FEI Number: 59.1834379 Certificate of Status Desired: No Name and Address of Current Registered Agent: DURSO,SAMUEL JM.D. 1240 EMBER COURT MARCO ISLAND,FL 34145 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Detail : Title P Title S Name DURSO,SAMUEL JMD Name MUELLER,MICHAEL Address 1240 EMBER COURT Address 1109 STRAWBERRY COURT City-State-Zip: MARCO ISLAND FL 34145 City-State-Zip: MARCO ISLAND FL 34145 Title VP Title T Name SWIHART,STANARD MD Name CUNNINGHAM,JOHN W Address 789 REGENCY RESERVE CIR APT Address 841 PARTRIDGE CT 4603 City-State-Zip: MARCO ISLAND FL 34145 City-State-Zip: NAPLES FL 34119 Title EVP Title EVP Name KOULOHERAS,NICK Name LEFKOW,LISA REV. Address 6130 CYPRESS HOLLOW WAY Address 1490 NOTTINGHAM DR City-State-Zip: NAPLES FL 34109 City-State-Zip: NAPLES FL 34109 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as i made under oath;that lam an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617,Florida Statutes;and that my name appears above,or on an altadunent with all other like empowered. SIGNATURE:SAMUEL J. DURSO PRESIDENT 04/22/2013 Electronic Signature of Signing Officer/Director Detail Date 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 FAITH LANDING PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 54, PAGES 51 THROUGH 53; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 10, 2013, approved the plat of Faith Landing Phase Two 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 Growth Management Department 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 Faith Landing Phase Two, pursuant to the plat thereof recorded in Plat Book 54, pages 51 through 53, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that Collier County accept the plat dedications and that Tract R will be maintained by Collier County in the future pursuant to the plat dedications. The drainage improvements will be maintained privately by the Faith Landing Homeowner's Association. 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 PENNY TAYLOR, CHAIRMAN ne