Agenda 06/24/2008 Item #16A13
Agenda Item No. 16A 13
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 4 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 4.
CONSIDERATIONS:
1, On March 8, 2002, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
Cedar Hammock - Unit 4.
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 June 26, 2001, 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. 16A 13
June 24, 2008
Page 2 of?
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 4 and reiease 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 I of2
Agenda Item No. 16A 13
June 24, 2008
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommendation to grant final approval of the roadway (private) and drainage improvements
for the final plat of Cedar Hammock Unit 4 with the roadway and drainage improvements
being privately maintained
6/24/200890000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
6/5/20088:40:23 AM
Approved By
MaryAnn Devanas
Community Development &
Environmental Services
Senior Planner
Date
Approved By
Zoning & Land Development Review
6/9/200810:57 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
6/9/200812:38 PM
William D. Lorenz, Jr., P,E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
6/9/2008 1 :51 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10/20087:48 PM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
County Attorney Office
6/11/20082:13 PM
Approved By
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
6/12/20082:55 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
6/13/2008 12:02 PM
Approved By
file://C:IAgendaTestIExportl II 0-June%2024,%202008116.%20CONSENT%20AGENDA II... 6/18/2008
Page 2 of 2
Agenda Item No. 16A 13
June 24, 2008
Page 4 of 7
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/15/20089:55 PM
file:l/C:\AgendaTe5tIExportlll 0-June%2024, %2020081 16.%20CONSENT%20AGENDA II... 6/18/2008
Agenda Item No. 16A 13
June 24, 2008
Page 5 of 7
RESOLUTION NO, 08-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN CEDAR
HAMMOCK - UNIT 4, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
37, PAGES 1 THROUGH 3; RELEASE OF THE
MAINTENANCE SECUlUTY; AND
ACCEPTANCE OF mE 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
June 26, 200 I approved the plat of Cedar Hammock - Unit 4 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 4,
pursuant to the plat thereof recorded in Plat Book 37, pages I through 3, 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:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Approved as to form and legal
suftic' ency:
A LEGAL PROFESSIONAL ASSOCIATION
Agenda Item No. 16A 13
June 24, 2008
SSO PARK SIIO]\[ Il"EYge 6 of 7
TRIANON CU''';TR'E. TH!JW FLOOR
NAPLES, FL 34103
239.649.2708 DIRECf
239.649.6200 M:\JN
239.261.3659 FA.x
bandersonlc(ralaw.com
I_&)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 of the
Lac.
My client received a form of a lcUer that the County is requesting be signed by the
property owners association, before the County will give final acceptance of the subdivision
improvements and release of the Lac. The telms of the LaC do not allow the County as the
beneficiary to add new conditions such as a property owners association Ictter, Ihat are not listed
on the face of the LaC. County Attorney David Weigel so advised the County Commission at
its November 27, 2007 meeting that the County could not refuse final acccptancc of subdivision
improvements because of failure to provide a letter from the property owners association.
Please place the final acceptance of the referenced subdivision improvements on the next
County Commission agenda. Should you have any questions, piease advise.
Thank you,
Sincerely,
'> ",
,'-.. 0, ,",,'(,"-G~i.~~'C~t....,'_. ,'{:L-<'~'"-" ""'--
R. Bruce Anderson
RBA/ca
ce: Russell R. Smith, Lennar/U.S. Home Corporation (via e-mail and U.S. Mail)
Jeff Wright, Assistant County Attorney (via e-mail and U.S. Mail)
CLEVElAND TOLEDO AKRON COLUMBUS ClNCINNA'n WASHl"GTON, D.C. TAUAHASSFF ORl.ANDO FORT MYERS NAPl.ES
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