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Agenda 03/11/2008 Item #16A 4 ,^,genda Item No. 16A4 March 11, 2008 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bradford Lakes (Cypress Woods PUD) with the roadway and drainage improvements being privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as Bradford Lakes. CONSIDERATIONS: 1. On March 3, 2005, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in Bradford Lakes. 2. The roadway and drainage improvements are currently being maintained by the project's homeowners association which assumed responsibility for the subdivision improvements in 2006. 3. On March 5, 2004 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. 4. The developer's attorney has provided a letter stating his opinion that a letter from the Homeowner's Association is not a requirement of the Construction and Maintenance Agreement or the Land Development Code. A copy of this letter is attached. 5. 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. 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. Agenda Item No, 16A4 March 11, 2008 Page 2 of 7 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. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in Bradford Lakes and release the maintenance secu rity. 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 of 2 Agenda Item rjo. 16A4 March 11, 2008 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Bradford Lakes (Cypress Woods PUD) with the roadway and drainage improvements being privately maintained. 3/11/20089:0000 AM Prepared By John Houldsworth Community Development & Environmental Services Senior Engineer Date Engineering Services 2/13/200B 2:41:30 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 2114/20089:39 AM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 2/26/200812:28 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2127I200B B:09 PM Approved By MaryAnn Devanas Community Development & Environmental Services Senior Planner Date Zoning & Land Development Review 2/28/2008 B:25 AM A pproved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Environmental Services Director Date Environmental Services 2/28/2008 1 :02 PM Approved By OMB Coordinator Administrative Services Applications Analyst Date Information Technology 2/29/200B 7:29 AM Approved By Mark Isackson County Manager's Ofiice Budget Analyst Date Office or Management & Budget 2/29i200B 8:44 AM Approved By fiIe://C:IAgendaTestIExportll 02-March%20 11, %202008116. %20CONSENT%20AGENDA 11... 3/5/2008 Page 2 of2 Agenda Item No. 16A4 March 11, 2008 Page 4 of 7 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/3/2008 10:52 AM file://C:\ArrendaTest\Exn0l1\ I 02-March%20 11.%20200R\ 1 1i.%20CONSENT%20AGFNDA \ 1... 3/5/200R ,,"coc-- <J:O_ i.C...OO "'-en .()) ,- OJ - <1l EnD... <D~ _<1l -;;;:2; " c ()) OJ <J: , ! li' ....z , ,- "0 , w- '\< 0" :fo .., > ~t;, c z " =0 0 " ", c' lIt-;u.'I'.uRaI1lI I . ~g.. :;!'- ~~e ~~! ..~, ~ , , < o " O l. j - ;( I- I_I I :\ \~tr i I tfJ I q [-\ .B Ie \Qilll ~..L IIIITJIITI] '. :lMdO:lldd"(JtfO,J .....- . J . o :gd ~ ~ ~8 ~ . u~ I . , " :11\"'" ]>IOOIlS>tJ~ON 8 ~ ""'~a J~OO~EIillION z wQ t:!;( w 0 - m o ~ '0 ~ ,1-lH1S>GLNI ,L-3IVISlrilM 1> i (---... \ ? \-./ \~"1/ ~~f1 ~r 5 ~-------~ ~ \~ \ \, (-.---- ."', :I..""o..jON~ - --- L I - , I ' :!: gn t--- I " '!' I . !ii ~ I '" ~w" jii ill . 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I____~ANDRESS II A lEGAL PROFESSIONAL ASSOCIATION /i,qenda ite:'n ~~o. 16A4 , March 11, 2008 Page 6 of 7 850 P,"I.RK SHUIl.1:: DIu\'I-: THI.4.N()N Cu'tnu: THlIll) Fl( l{ \1{ N,",I'LI;:i, FL 34103 239.649.2708 DrR1::Cr 239.649,6200 M,"N 239,261.3659 P,;x bandcrson@ra1aw,com February 11, 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-04l03 For Bradford Lakes fikJa Cypress Woods, U.S. Home COl1'oration Deal Mr. Houldsworth: This leller 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 LOC. My client received a fonn of a letter that the County is requesting be signed by the property owners association, before the County will give fmal acceptance of the subdivision improvements and release of the Lac. The temlS of the LaC do not allow the County as the beneficiary to add new conditions such as a property owners association letter, that are not listed on the face of the LaC. County Attorney David Weigel so advised thc 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. Please place the final acceptance of the referenced subdivision improvements on the next County Commission agenda. Should you have any questions, please advise. Thank you. Sincerely, ~':;s"v-e.- .-r\....~ R. Bruce Anderson RBA/pb cc: Russell R. Smith, LennarlU.S. Home COl1'oration (via e-mail and U.S. Mail) Jeff Wright, Assistant County Attorney (via e-mail andU.S.Mail) ClEvELAND TOlEDO AKRON COLUMBUS CINClNNATI WASHINGTON,D.C. TALLAHASSEE OR.lANDO fORTMYERS NAPLES 5476S0v_0l \ 111404.0007 www.ralaw.com Agenda Item No. 16A4 March 11, 2008 Page 7 of 7 RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAlNAGE IMPROVEMENTS IN BRADFORD LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 41, PAGES 12 THROUGH 13; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAlNAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE BRADFORD LAKES HOMEOWNERS' ASSOCIATION,INC. WHEREAS, the Board of COWlty Commissioners of Collier County, Florida, on April 13, 2004 approved the plat of Bradford Lakes 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 V.,rHEREAS, the Developer is requesting final acceptance of the roadv.'RY and drainage improvements and release of his maintenance security; and \VHEREAS. 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 Bradford Lakes, pursuant to the plat thereof recorded in Plat Book 41, pages 12 through 13, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the futw'e maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Bradford Lakes Homeowners' Association, Inc. 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 sufficiency: (;. '.-a ,..r~"- JelTFt Wright AskJtant Collier ComIty Attorney