Loading...
Agenda 06/24/2008 Item #16A12 Agenda Item No. 16A12 June 24, 2008 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock - Unit 2 with the roadway and drainage improvements being privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as Cedar Hammock - Unit 2. CONSIDERATIONS: 1. On May 5, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in Cedar Hammock - Unit 2. 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering and Environmental Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. On August 15, 2000, the Board entered into a Construction and Maintenance Agreement for Subdivision Improvements with the developer. The developer has fulfilled his obligations with respect to the Construction and Maintenance Agreement. 5. The developer has not been able to provide a letter from a homeowner willing to accept responsibility for the improvements on behalf of the property owners. A letter from developer's attorney is included. 6. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 7. This PUD has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. Agenda Item No. 16A12 June 24, 2008 Page 2 of 7 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution for legal sufficiency. JW RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in Cedar Hammock - Unit 2 and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services Department Item Number: Item Summary: Meeting Date: Page 1 0[2 Agenda Item No. 16A12 June 24, 2008 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Cedar Hammock Unit 2 with the roadway and drainage improvements being privately maintained 6/24/2008 90000 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 6/5/20088:30:42 AM Approved By MaryAnn Devanas Community Development & Environmental Services Senior Planner Date Approved By Zoning & Land Development Review 6/9/2008 10:50 AM William D. Lorenz, Jro, P.E. Community Development & Environmental Services Environmental Services Director Date Approved By Environmental Services 619/2008 10:53 AM Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin, Date Approved By 6/9/2008 12:37 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/10/20087:44 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 6111120082:14 PM Approved By OMB Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 6/12/20082:53 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 6/12/20086:26 PM Approved By file://C:IAgendaTestIExportlll 0-June%2024, %2020081] 6.%20CONSENT%20AGENDA 1 I... 6/18/2008 Page 2 0[2 Agenda Item No. 16A 12 June 24, 2008 Page 4 of 7 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/16/20084:47 PM file://C:\AgendaTest\Export\ II 0-June%2024, %202008\ 16.%20CONSENT%20AGENDA \ I... 6/18/2008 SJ1d~N .00 "3"lJ lS3~Oj SJ1~"'~ JO ~J.S3~Oj NOOr- ~O_ <(00 -N", t Q) .'J OJ L.Q)" E ~ CL ~-; " ;2 iii OJ <( .~, .~ N , (L'i~ '.'J) OlW^llIIOa IClnlOO " " ~ ~ U . . ~ , , ~ I z o .,- >-':( ;;;0 o ~ a.. 4: ~ g ~ ~ . ~ , w l- e/') i ~ N .... '! ::> '" u :ll>'JIilOJ..ON / -.- 0 E ;! , . ~ !i ~ I @ ~ . . . . ~ [J >-z 00 ., - ~ ~':( ;;l~ ~ , 00 ~! a.. o. ~i ~9 0 I, . ~- " I. I. ! 4: , N ,I I , I H ! ~ I !. .~! i'r -~ .......::> ~~b lli ,.~ OW~lBlT1OO Z ! ! , i i ~~"" e ., , 'i ~ ~ II, ! " I. !'.: - I " I' 0 '" N . i r::~ !:' , l- I 'I I ,j- . ~ , ! j I !! i 4: " II g~ I u I' e I! ,. , -.oJ , ~~i 11 ~ ';l 5'1'- g . , I DI...,....sy\ !I "",,"y,."... H -~ , i ! ~ 0 . ~ ~~ , , , i ! 1-- d~ . Agenda Item No. 16A 12 June 24, 2008 Page 6 of 7 RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FWRIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CEDAR HAMMOCK - UNIT 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 36, PAGES 5 THROUGH 8; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CEDAR HAMMOCK GOLF & COUNTRY CLUB HOMEOWNERS' ASSOCIATION WHEREAS. the Board of County Commissioners of Collier County, Florida, on August 1,2000 approved the plat of Cedar Hammock - Unit 2 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 Engineering and Environmental Services Section of the Community Development 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 Cedar Hammock ~ Unit 2, pursuant to the plat thereof recorded in Plat Book 36, pages 5 through 8, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Cedar Hammock Golf & Country Club Homeowners' Association, This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2008. DATE: ATI'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal suffi ' ney: A LEGAL PROFESSIONAL ASSOCIATION Agenda Item No. 16A12 June 24, 2008 850 PARK SIIORE i:)aWge 7 of 7 TRIANON CENntt - THIRD FLUOR NAPLES, FL 34103 239.649.2708 DIRECT 239.649.6200 MA" 239.261.3659 FAX banderson@ralaw.com IIIIIBII&)ANDRESS II February 27,2008 VIA E-MAIL AND U.S. MAIL SERVICE Mr. John R. Houldsworth Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Release of Letter of Credit No. FGAC-99235 Cedar Hammock, U.S. Home Corporation Dear Mr. Houldsworth: This letter is to request the release and return of the above-referenced Letter of Credit (LaC) and request final acceptance of the subdivision improvements which are the subject ofthe Lac. My client received a form of a lcttcr that the County is requesting be signed by the propcrty owners association, before the County will give final acceptance of the subdivision improvements and release of the Lac. The telms of the LOC do not allow the County as the beneficiary to add new conditions such as a property owners association letter, that arc not listed on the facc of the LOC. County Attorney David Weigel so advised the County Commission at its November 27, 2007 meeting that the County could not refuse final acceptance of subdivision improvements because of failure to provide a letter from the property owners association. Plcase place the final acceptance of the referenced subdivision improvements on the next County Commission agenda. Should you have any qucstions, piease advise. Thank you. Sincerely, "':-,~ ~'~ /.",-,{.~;j:\-~.-&->~~--<;r---,-_ R. Bruce Anderson RBAlca cc: Russell R. Smith, LelmarlU.S. Home Corporation (via e-mail and U.S. Mail) Jeff Wright, Assistant County Attorney (via e-mail and U.S. Mail) Q.!::V'EiAND TOLEDO AKRON COLUMBUS CINCINNATI WASl{L'JGTON, D.C. TAUAHASSFE ORL\NDO FORT MYERS NAPLES 549275 v_Ol \ 111404.0007 www.rala.....com