Agenda 01/08/2019 Item #16A 901/08/2019
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 Ave Maria Unit 4,
Hampton Village Phase 1, Application Number AR-8879, and authorize the release of the
maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release t he
maintenance security.
CONSIDERATIONS:
1) On November 30, 2007, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Ave Maria Unit 4, Hampton Village Phase 1.
2) The roadway and drainage improvements will be maintained by the Hampton Village at Ave
Maria Neighborhood Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improveme nts 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
neighborhood association. The existing security in the amount of $414,171.84 will be released upon
Board approval. The original security in the amount of $2,782,448.54 has been reduced to the current
amount based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated October 4, 2006.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To accept final acceptance of the roadway and drainage improvements in Ave
Maria Unit 4, Hampton Village Phase 1, Application Number AR-8879, 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: Lucia S. Martin, Technician, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.9
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01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 7469
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 Ave
Maria Unit 4, Hampton Village Phase 1, Application Number AR-8879, and authorize the release of the
maintenance security.
Meeting Date: 01/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/29/2018 4:58 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/29/2018 4:58 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/30/2018 7:34 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/30/2018 8:53 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/03/2018 8:58 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/04/2018 2:16 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/07/2018 2:57 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/10/2018 10:48 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/10/2018 4:07 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/11/2018 9:49 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:39 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2018 9:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:14 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:22 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 12/21/2018 8:50 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 12:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.9
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AVE MARIA UNIT 4, HAMPTON VILLAGE
PHASE 1
LOCATION MAP
16.A.9.a
Packet Pg. 716 Attachment: Location Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
B
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 4 day of 1tl:k r, 2006 between Divosta Homes, Lp, hereinafter
referred to as "Developer", and the Board ofCounty Commissioners of Collier Comty, Florida, hereinafter
referred to as the "Board".
RECITALS:
A. The Developer has, simultaneously, with the delivery ofthis Agreement, applied for the approval by
the Board of a certain plat of a subdinsion to be known as Avi Maria Unit I - rramptoo VlUgi
Phase I (A.k.a. Hampton Village at Ave Maria phase One).
Chapter 4 and l0 of the collier county Land Development code requires the Developer to post
appropnate guarantees for the consfuction of the improvements required by said iubdivision
regulations, said guarantees to be incorporated in a bonded agreement for the ionstmction of the
required improvements.
Now' THEREFORE, in consideration of the foregoing premises and the muh:al covenants
hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows:
l. Developer will cause to be constructed: The panng, drainage, potable water system, sanitary
sewer system, imgation and sheet lighting improvements within eighteen (lg) months from thi
date of approval said subdivision plat, said improvements hereinafter referred to as the required
improvements.
COLLIER COL]Nry LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
2. Developer herewith tenders its subdivision performance secunty (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $2j82,448.54, which represents
l0% of the total contract cost to complete construction plus 100% of the probable cost to
complete the required paving and drainage, irrigation and street lighting improvements at the
date of this Agreement. The developer has also provided a letter of credit as security to Ave
Maria Utility Company, LLLP (AMUC) for the potable water system and sanitary sewer
system improvements.
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 the Developers 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.
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16.A.9.b
Packet Pg. 717 Attachment: Bond Basis (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
8. In the event the Developer shall farl or neglect to fulfill their obligations under this Agreement,
upon certification of such failure, the county Administrator may call upon the subdirision
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 ofbids,
the improvements required herein. The Developer, as principal under the subdivision
performance secunty, shall be liable to pay and to indemni! the Board upon completion of
such construction, the final total cost to the Board thereot including, but not limited to,
engineenng, legal and contingent cosls, together with any damages, either direct or
consequential, which the Board may sustain on account ofthe failure ofthe Developer to fulfill
all ofthe 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 ofthe Developer.
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5. The county Manager or his designee shall, within sixty (60) days ofreceipt of the statement of
substantial completion either: a) notiry the Developer in wnting of his priliminary approval ofthe improvements; or b) notiry the Developer 'r writing of his refusal to'approve
improvements, therewith specifoing those conditions which the Developer must fulfill in order
to obtain the Director's approval ofthe 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 ofthis 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 shal petrtion the County
Manager or his designee to inspect the required improvements. The county Manager or hi's
designee shall inspect the improvements and, if found to be still in complianci with tte Collier
county Land Development code as reflected by final approval by the Board, the Board shall
release the remaining l0% of the subdivision performance security. The Deveropers,
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six months after the execution of this Agreement and once within every six months thereafter
the Developer may request the county Manager or his designee to reduce the dollar amount ofthe subdivision performance security on the basis of work complete. Each request for a
reduction in the dollar amount ofthe 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 comty Managei or
his designee may grant the request for a reduction in the amount ofthe subdivision perfonlnce
security for the improvements completed as ofthe date ofthe request.
16.A.9.b
Packet Pg. 718 Attachment: Bond Basis (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authonzed representatives thrs 4 day of Otl,:4tr ,2006.
SIGNED
IN THE PRESENCE OF:
Witness
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Printed or t)?ed name
Printed or typed name
ATTEST
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DiVosta Homes, LP
By , Zt/,hrn./.-
EtcL<d ,U <(ot,^ict<-
E.B CLERK
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as to form and Legal Sufficiency:
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BOARD OF COL]NTY COMMISSIONERS
OF COLLIER COUNTY
By:
Frank Halas, Chairman
Jeff
Assi ounty Attomey
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Witness
16.A.9.b
Packet Pg. 719 Attachment: Bond Basis (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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16.A.9.bPacket Pg. 745Attachment: Bond Basis (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
16.A.9.bPacket Pg. 746Attachment: Bond Basis (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 747 Attachment: Resolution (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 748 Attachment: Resolution (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 749 Attachment: Plat Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 750 Attachment: Plat Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 751 Attachment: Plat Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 752 Attachment: Plat Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)
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Packet Pg. 753 Attachment: Plat Map (7469 : Final Acceptance - Ave Maria Unit 4, Hampton Village Phase 1)