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Agenda 05/28/2019 Item #16A10 (Avalon of Naples Conveyance & Bond Release)05/28/2019 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the potable water and sewer facilities for Avalon of Naples, PL20160002356, accept the conveyance of a portion of the potable water and all of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39 to the Project Engineer or the Developer’s designated agent. OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of the Collier County Water-Sewer District, approve final acceptance of the potable water and sewer facilities, accept the conveyance of a portion of the potable water and all of the sewer facilities, and to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39, in accordance with the Collier County Utility Standards and Procedures, Ordinance No. 2004-31. CONSIDERATIONS: 1) The Developer of Avalon of Naples, has constructed the potable water and sewer facilities within dedicated easements to serve this private development (see attached location map). A portion of the potable water and all of the sewer facilities will be conveyed to the County, as described in Official Records (O.R.) Book 5371, Page (PG) 822, and (O.R.) Book 5498, Page 962. The remaining potable water facilities will be private. 2) Preliminary acceptance of these utility facilities was approved by the Development Review staff on January 25, 2017. At that time, the value of these potable water and sewer utility facilities (assets) was $44,009.20 and $308,921.15, respectively. (See attached asset sheet). 3) Staff recorded all preliminary acceptance documents associated with the potable water and sewer facilities conveyed to the County in the public records of Collier County, which were reviewed and approved by the County Attorney’s office as to form and legality. The County acquired its interest in a portion of the potable water and all of the sewer facilities by Utilities Facilities Warranty Deed and Bill of Sale recorded in Official Records Book 5371, Page (PG) 822, and Book 5498, Page 962 of the Public Records of Collier County, Florida (“the Utilities Facilities Deed”). 4) The potable water and sewer utility facilities have been operated and maintained during the required one (1) year warranty period, following preliminary acceptance. 5) A final inspection to discover defects in materials and workmanship has been conducted by staff on April 19, 2019, in coordination with Public Utilities, and these facilities have been found to be satisfactory and acceptable. 6) The on-site potable water and sewer utilities, less the potable water and sewer utilities described in O.R. Book 5371, Page (PG) 822, and (O.R.) Book 5498, Page 962, are owned and maintained by the developer. 7) Staff recommends final acceptance of the subject utility facilities and to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39. (See attached Exhibit A). Staff also recommends acceptance of the Utilities Facilities Deed and the facilities described therein. 8) This final acceptance is in accordance with Collier County, Ordinance No. 2004-31, as amended. 16.A.10 Packet Pg. 521 05/28/2019 9) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to a portion of the potable water and all of the sewer utility facilities, which at the time of preliminary acceptance, had a total gross value of $352,930.35 (no depreciation applied) and an asset will be recorded in the financial records of the county. 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 -HFAC RECOMMENDATION: To approve final acceptance of the potable water and sewer facilities for Avalon of Naples, PL20160002356, accept the conveyance of a portion of the potable water and all of the sewer facilities, accept the conveyance of the Utilities Facilities Deed and the facilities described therein, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39 to the Project Engineer or the Developer’s designated agent. Prepared by: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Exhibit A (PDF) 3. Assets Sheet (PDF) 4. Warranty Deed and Bill of Sale (PDF) 5. Warranty Deed and Bill of Sale - Sewer (PDF) 16.A.10 Packet Pg. 522 05/28/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 8710 Item Summary: Recommendation to approve final acceptance of the potable water and sewer facilities for Avalon of Naples, PL20160002356, accept the conveyance of a portion of the potable water and all of the sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $75,061.39 to the Project Engineer or the Developer’s designated agent. Meeting Date: 05/28/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/19/2019 4:19 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 04/19/2019 4:19 PM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 04/19/2019 4:54 PM Wastewater Steve Nagy Additional Reviewer Completed 04/22/2019 5:29 AM Water Pamela Libby Additional Reviewer Completed 04/22/2019 7:40 AM Public Utilities Planning and Project Management Tom Chmelik Additional Reviewer Completed 04/22/2019 10:46 AM Wastewater Beth Johnssen Additional Reviewer Completed 04/22/2019 5:30 PM Water Steve Messner Additional Reviewer Completed 04/23/2019 2:57 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/24/2019 8:11 AM Growth Management Department Matthew McLean Additional Reviewer Completed 04/24/2019 11:45 AM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/26/2019 11:06 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/29/2019 9:54 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/30/2019 9:37 AM Growth Management Department James C French Deputy Department Head Review Completed 05/01/2019 5:40 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/02/2019 8:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/02/2019 9:06 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/07/2019 8:44 AM 16.A.10 Packet Pg. 523 05/28/2019 County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/20/2019 11:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM 16.A.10 Packet Pg. 524 AVALON OF NAPLES 16.A.10.a Packet Pg. 525 Attachment: Location Map (8710 : Final Acceptance of Utilities - Avalon of Naples) Exhibit A Utilities Performance Security (UPS) and Final Obligation Bond Amount Receipt Number 10% UPS Bond $71,061.39 CS9826544 Final Obligation Bond $4,000.00 2016365230 Total Amount $75,061.39 The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and are based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31 Attachments: 1. Verification of Final Cost 2. Receipt of Payment 16.A.10.b Packet Pg. 526 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 527 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 528 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 529 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 530 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 531 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 532 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 533 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 534 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 535 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 536 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 537 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 538 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 539 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 540 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.b Packet Pg. 541 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) &ROOLHU&RXQW\ *URZWK0DQDJHPHQW'LYLVLRQ +RUVHVKRH'ULYH1 1DSOHV)/  5(&(,372)3$<0(17 5HFHLSW1XPEHU 7UDQVDFWLRQ1XPEHU 'DWH3DLG $PRXQW'XH 3D\PHQW'HWDLOV 3D\PHQW0HWKRG $PRXQW3DLG &KHFN1XPEHU &KHFN   $PRXQW3DLG &KDQJH2YHUDJH &RQWDFW1($/&20081,7(62)6287+:(67)/25,'$//& /$.(:22'5$1&+%/9'1 /$.(:22'5$1&+)/ )(('(7$,/6 )HH'HVFULSWLRQ 5HIHUHQFH1XPEHU 2ULJLQDO )HH $PRXQW 3DLG */$FFRXQW 8WLOLW\3HUIRUPDQFH 5HIXQGDEOH%RQG 3/   &DVKLHU1DPH(OL]DEHWK0HQGH] %DWFK1XPEHU (QWHUHG%\PHOLVVDDOYDUH] 16.A.10.b Packet Pg. 542 Attachment: Exhibit A (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.c Packet Pg. 543 Attachment: Assets Sheet (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.c Packet Pg. 544 Attachment: Assets Sheet (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 545 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 546 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 547 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 548 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 549 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 550 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.d Packet Pg. 551 Attachment: Warranty Deed and Bill of Sale (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.e Packet Pg. 552 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.e Packet Pg. 553 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.e Packet Pg. 554 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples) 16.A.10.e Packet Pg. 555 Attachment: Warranty Deed and Bill of Sale - Sewer (8710 : Final Acceptance of Utilities - Avalon of Naples)