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Agenda 09/11/2018 Item #16A1309/11/2018 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 Fiddler’s Creek Phase Five Aviamar, Unit One, Application Number AR-6552; 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 January 9, 2007, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Fiddler’s Creek Phase Five Aviamar, Unit One. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association and community development district. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on June 6, 2018, 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 of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association and community development district. The existing security in the amount of $27,746.25 will be released upon Board approval. The original security in the amount of $2,818,334.88 has been decreased to the current amount of $27,746.25 based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated January 30, 2006. 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 Fiddler’s Creek Phase Five Aviamar, Unit One, Application Number AR-6552, and authorize 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review Division 16.A.13 Packet Pg. 376 09/11/2018 ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Plat Map (PDF) 4. Resolution (PDF) 16.A.13 Packet Pg. 377 09/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 5952 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 Fiddler’s Creek Phase Five Aviamar, Unit One, Application Number AR-6552; and authorize the release of the maintenance security. Meeting Date: 09/11/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 06/14/2018 3:29 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/14/2018 3:29 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 06/14/2018 4:26 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 06/15/2018 7:13 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 06/15/2018 8:23 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/15/2018 8:36 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/19/2018 10:03 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 08/09/2018 6:00 PM Growth Management Department Matthew McLean Additional Reviewer Completed 08/10/2018 9:00 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 11:45 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/10/2018 3:44 PM Growth Management Department James C French Deputy Department Head Review Completed 08/21/2018 10:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2018 11:38 AM Office of Management and Budget Allison Kearns Additional Reviewer Completed 08/21/2018 2:12 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2018 1:17 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 8:50 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM 16.A.13 Packet Pg. 378 FIDDLER’S CREEK PHASE FIVE AVIAMAR UNIT ONE LOCATION MAP 16.A.13.a Packet Pg. 379 Attachment: Location Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) Document Prepared By: Michael T. Herrera, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AI\D MAINTENANCE AGREEMEII'T F'OR SI,]BDTVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ': n i H day of *\.,rt-J 2006 between Dy Land Associates, Ltd., hereinafter referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". A I 2 3 RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: NOW, THEREFORE, in corxideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 24 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision perfomunce security (attached hereto as Exhibit 'A') and by reference made a part of in the amount of $2,818,334.88 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. 4 F:UOB\E-FIFIDDLER'S CREEK\FC I3PLT\FC I3PLT\PPL - Phsse 5 Udt l\MTH\Coost Maint Agree l-23-06 DOC FCI3PLT "Fiddler's Creek Phase Five Aviamar - Unit One" B. €t+l€t€+3*<f[e Collier County Land Development Code requires the Developer to post approp ate 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. In the event of default by the Developer or failure of the Developer to complete such improvements wittrin 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. 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 Development Services Direffg f6 t V f n compliance with the Collier County Land Development Code. .., :.. . il: i 16.A.13.b Packet Pg. 380 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notiry the Developer in writing of his preliminary approval of the improvements; or b) notiry the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact corstructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier Counry Land Development Code as reflected by fural approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue ur ess or until the Board accepts maintenance responsibility for the County. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for the 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 Development Services Director, The Development Services Director may gant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to firlfill its obligations under this Agreement, upon cefiification of such failure, the County Administrator 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 and 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 construction, the final 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 carry out all of the provisions of the Agreunent. 6 7 8 FCI3PLT Fiddler's Creek Phase Five Aviamar - Unit One Construction & Maintenance Agreement For Subdivision Improvements Page 2 5. F:UOB\E F\FIDDLER'S CREEK\FC13PLT\FCI3PLT\PPL - I'htse 5 Unit l\MTH\Co$t Maint Agree l-23{6 DoC 16.A.13.b Packet Pg. 381 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) Fiddler's Creek Phase Five Aviamar - Unit One Construction & Maintenance Agreement For Subdivision Imptovements Page 3 9 All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN MTNESS WHEREOF, the Board and executed by their duly authorized representatives th Signed, Sealed and Delivered in the presence of: rn A.14!-- or Tvoed Name)t,t l,,, Lx C A \' Attest: Dwight E. Brock, Clerk Developer have caused this Agreement to be is 3< :i'day ot *l.t,tl , ZOOO. DY Land Associates, LTD. A Florida Limited Partnership BY: Mark . Strain, Attorney-in-fact, Vice President of Planning Board of County Commissionen of Collier County, Florida BY to Chrlrran's Frank Halas, Chairman form and legal sufficiency: mey AtL n tt !lt$s. o0ly. J F:UOB\E'F\FIDDLER'S CREEK\FCI3PLT\FC13PLT\PPL - Phase 5 Unir 1\MTH\Const Maint Agree l'23{6 DOC Name) FC 13PLT 16.A.13.b Packet Pg. 382 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 6.0 ENGINEER'S OPINION OF PROBABLE COST 6.1 Bid Schedule Summary BID SCHEDULE SUMMARY BID SCHEDULB ST]MMARY FOR BONDING AND PERMIT FEE PURPOSBS Underground Utility Total $ 1,105,591.80 Roadway, Drainage, Excavation Total $ 1,456,530.82 (1) Fill is from on-site excavation already permitted and bonded. (2) Secondary portion of Irrigation N SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork $148,892.00 B Paving $995,839.32 C Wastewater Collection $628,469.90 D Potable Water Distribution $325,23t.9A E Irrigation $300,s48.00 F Storm Drainage $311,799.50 TOTAL $2,710,780.62 SCHEDULE DESCRIPTION TOTAL PRICE A Earthwork (l)$148,892.00 B Paving $995,839.32 C Wastewater Collection $628,469.90 D Potable Water Distribution $325,231.90 E Irrieation (2)sl sl,890.00 F Storm Drainage s3l 1,799.50 TOTAL $2,562,122.62 F:\JOB\E-F\FIDDLER'S CREEK\FCI3PLnFCI3PLnPPL - Phase 5 Unit 1\MTH\Engineer's Report 40505.DOCFC'l3.PLT-SUB 21 16.A.13.b Packet Pg. 383 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) (Fiddler's Creek Phase 5 Aviamar Unit One) PERFORMANCE BOND Bond *K07 L29439 KNOW ALLPERSONS BY THESE PRESENTS: that DY LAND ASSOCTATES, LTD., a Florida limited partnership, at the address of: 3470 Club Center Blvd. Naples, FL 34114-0816 (hereinafter collectively refened to as "Owner") and WESTCIIESTER rIRE INSURANCE COMPANY 140 Broadway New York, NY 10005 (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 Two Million Eight Hundred Eighteen Thousand Three Hundred Thirty-Four and 88/100 Dollars ($2,818,334.88) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 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 submiued for approval by the Board a certain subdivision plat named Fiddler's Creek Phase 5, Aviamar Unit One, and that ce(ain 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 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 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 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 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," whenever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Page I of 3 16.A.13.b Packet Pg. 384 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) A hereto have caused this PERFORMANCE BOND to 2005. PRINCIPAL: DY LAND ASSOCIATES, LTD'. a Florida limited J. Ferrao,Attomey-in- and not be ltint Name Print t'rC STATE OF FLORIDA COUNTY OF COLLIER , -\{)-The foregoing instrument was acknowledged before thist-\-- day of 2005, by Aubrey J. Ferrao, Attomey in Fact of DY Land Associates, Ltd., partnership, on behalf of the limited partnership. f&_tg-pg5gglryIl9y" !g!qg Print Name: Notary Public Commission No. My Commission t\- cr-. . , a Florida limi[ed PACHA MY CoMMISSIoN # 0D 29280s €flEBS)June t4,2ff8 Sondcd thru Nqtrry P$llc ulk6ilnE6 Page?of 3 16.A.13.b Packet Pg. 385 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) The foregoing instrument was acknowledged before this I 4 day of or E who has produced as identification. Print etty Notary Public Commission No. My Commission Expires: PriDt Mrrc ftinr nam G STATE OF NEW YORK COUNTY OF NEW YORK F:\USERS\WANDAWDDLERS\PERF-BOND Aviamar Ph l.wpd SURETY: Westchester Fire Insurance Company thia /A Print ck fln +nlrar (SEAL) 8 B 2005, by Evangel i na T. - Domi ni r.1r (insert name), as AttgryFY-in-fact, on behalf of Westchester Fire Insurance Company, who is (check appropriate box) Zi personally known to me, tErrcaroenolt{(IIAffPUBtlC. STAIIE OF ttEwyot r{o.01cA5048772ou uREo ht RtcHuoltD c(xrl|lGOffiStoN ExPnEs APftr T;+L Page 3 of 3 16.A.13.b Packet Pg. 386 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 387 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 388 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 389 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 390 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 391 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 392 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 393 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 394 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 395 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 396 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 397 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 398 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 399 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 400 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 401 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 402 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.b Packet Pg. 403 Attachment: Bond Basis (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 404 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 405 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 406 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 407 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 408 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.c Packet Pg. 409 Attachment: Plat Map (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.d Packet Pg. 410 Attachment: Resolution (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One) 16.A.13.d Packet Pg. 411 Attachment: Resolution (5952 : Final Acceptance - Fiddler's Creek Phase Five Aviamar, Unit One)