Agenda 12/11/2012 Item #16A1712/11/2012 Item 16.A.17.
EXECUTIVE SUMMARY
Recommendation to approve a Release relative to the subdivision improvements associated
with the final plat of Casa Del Vida and return the remaining maintenance security in the
amount of $8,460 to the Casa Del Vida Homeowner's Association.
OBJECTIVE: For the Board of County Commissioners (Board) to approve a Release relative to
the subdivision improvements associated with Casa Del Vida and to return the balance of the
maintenance security to the Casa Del Vida Homeowner's Association.
CONSIDERATIONS:
1. On November 19, 1995, the Board of County Commissioners approved the plat of Casa
Del Vida. On March 2, 1998, the developer applied for and received preliminary
acceptance of the required subdivision improvements. The developer has never completed
the requirements for final acceptance of the improvements. Since 2002, Collier County
(County) staff' has requested in writing that the developer apply for final acceptance, and
meetings with the engineering staff' and representatives from the County Attorney's office
have not succeeded in the developer completing the requirements for final acceptance.
The remaining security represents 10% of the original cost as a maintenance guaranty.
The Casa Del Vida Homeowners Association and the County have agreed on a settlement
of the funds to be released directly to the Association as successors to the developer. The
Casa Del Vida Homeowner's Association has assumed ownership and maintenance of the
common areas. By virtue of the Release, the County will have no future liability with
respect to the subdivision improvements and the Casa Del Vida Homeowner's Association
Releases the County of same.
2. The improvements are in fact substantially complete and the deficient items are limited to
some cracked curbing and maintenance of the Preserve Area. The roadway, drainage
improvements and Preserve are private and are maintained by the Homeowner's
Association and Collier County has no responsibility for maintenance of these
improvements.
3. This project is not within a PUD.
4. The Release is to be recorded in the public records.
FISCAL IMPACT: A $10,000 cash bond was deposited into Fund 670, the "Deposit Fund ",
on February 17, 2006. On April 13, 2009, the entire amount was moved into Fund 113 to
facilitate the creation of a purchase order of $1,540 used to pay for the installation of street
lighting at the Casa Del Vida subdivision entrance (per Board authorization, January 27, 2009,
item 16.A.5), and for future anticipated improvements. The remaining $8,460 was never
spent, and subsequently was swept into Fund 113 reserves on October 1, 2009. The return of
the $8,460 to the HOA, which represents the outstanding balance of the security, has been
budgeted for, and is available in, Fund 113.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this approval.
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12/11/2012 Item 16.A.17
LEGAL CONSIDERATIONS: This item is legally sufficient, and requires a majority vote
for Board action. -JW
RECOMMENDATIONS: Recommendation that the Board of County Commissioners
approve the Release and authorize the release of the remaining security in the amount of
$8,460.00 to the Casa Del Vida Homeowner's Association.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Engineering Services, Growth
Management Division, Planning and Regulation
Attachments: 1) Plat Map; and 2) Release
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17.
12/11/2012 Item 16.A.17.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Release relative to the subdivision improvements associated
with the final plat of Casa Del Vida and return the remaining maintenance security in the
amount of $8,460 to the Casa Del Vida Homeowner's Association.
Meeting Date: 12/11/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
11/8/2012 3:14:31 PM
Approved By
Name: KovenskyKenneth
Title: Management/Budget Analyst, Senior,Operations & Regulatory Management
Date: 11/8/2012 4:33:27 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 11/13/2012 10:27:23 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 11/21/2012 11:54:24 AM
Name: LynchDiane
Title: Administrative Assistant
.Date: 11/26/2012 11:12:20 AM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11 /28/2012 11:40:26 AM
Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 11/29/2012 12:15:17 PM
Name: KlatzkowJeff'
Title: County Attorney
Date: 11/29/2012 1:37:42 PM
Name: OchsLeo
Title: County Manager
Date: 12/1/2012 2:09:51 PM
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RELEASE
12/11/2012 Item 16.A.17.
KNOW ALL MEN BY THE PRESENTS:
That the undersigned, on behalf of the Casa Del Vida Homeowner's Association, Inc. ( "Association "),
'or good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby,
and on behalf of all successors and assigns, release, hold harmless and forever discharge the Board of County
Commissioners for Collier County ( "Board ") and their agents, servants, employees, heirs, personal
representatives, assigns and successors, and all other persons, firms or corporations connected therewith, of and
from any and all claims, demands, causes of action, damages, judgments or suits at law and equity of
whatsoever kind, through the date of this release whether due or not, direct or contingent, liquidated or un-
liquidated, patent to latent, known or unknown, in any way arising out of or relating to the return of the bond
security for that subdivision known as Casa Del Vida, from the Board. This also releases the Board from any
and all maintenance, repairs or the completion of any work that is still needed in the subdivision. The
Association accepts all responsibility for maintenance, repairs and completion of work needed in the
subdivision.
The undersigned acknowledges full and complete satisfaction, and represents and warrants that they
have not assigned any rights, claims for causes of action against any party herein released and declare and
represent that no promises, inducements, or agreements not herein expressed have been made. It is further
acknowledged that this Release contains the entire agreement between the parties hereto and that the terms of
this Release are contractual, not recitals. Lastly, the undersigned warrant that they are duly authorized and
competent to execute this Release.
- IN WITNESS WHEREOF, this Release has been read and signed this ? day of
, 2012.
CASA DEL VIDA HOMED R ' SSOCIATION, INC.
BY-
�s Ac, Ate.. -
Printed Name and Title
State of Florida
County of r LEE
The foregoing Release was acknowledged before me this c9
l'+2 day of Squfe-rll e
2012 b , ^
Y -� rrtieS ti� -��,>� as the P,2w. p,
of Casa Del Vida Homeowner's Association, Inc. ( "Association") ho ' ersonally known to me or has
produced as identificati� o did id not take an oath.
g , TARA L. TUCKER
Notary Public, State of Florida
(SEAL) Commission$ EE 167404
My Comm. expires Feb. 7, 2016
App d as to form an ficiency:
Je E Wright, Assistant County Attorney
' 4-C 01030/514
Notary Signature
Notary Printed Name
My Commission Expires:�1
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