Agenda 01/29/2008 Item #16A 2
Agenda Item No, 16A2
January 29, 2008
Page 1 of 10
EXECUTIVE SUMMARY
This is a recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of Heritage Greens, roadway
and drainage improvements will be privately maintained by the Heritage
Greens Community Development District (COD).
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as Heritage Greens,
CONSIDERATIONS:
1, On January 18, 1998, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
Heritage Greens,
2, The roadway and drainage improvements will be maintained by the
project's Community Development District
..~-
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, A resolution for final acceptance has been prepared and approved by the
County Attorney's Office, A copy of the document is attached,
5, This project is within a Community Development District An approval
letter from the CDD is attached. The CDD Board of Supervisors is
comprised of five residents of the subdivision,
6, According to PUD Monitoring, the following deficiencies exist:
a) Engineering and Transportation: Fair share contribution for the traffic
signal is not required at this time, The widening of Immokalee Road
eliminated the median opening. The requirement remains in the PUD
and could become a requirement of the CDD in the future.
FISCAL IMPACT:
,--
The roadway and drainage improvements will be maintained by the project's
Community Development District
Agenda Item No. 16A2
January 29, 2008
Page 2 of 10
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 Heritage Greens 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, which is a Performance
Bond which was issued by the Community Development District.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering and
Environmental Services Department
~,
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 16A2
January 29, 2008
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
This is a recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of Heritage Greens, the roadway and drainage improvements
will be privately maintained by the Heritage Greens Community Development District
1/29/200890000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Approved By
Engineering Services
1/7/20087:38:18 AM
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
Date
Approved By
1/7/200811:48 AM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
1/11/200812:46 PM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/16/200810:56 AM
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
Date
Approved By
County Attorney Office
1/16/200811:01 AM
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Approved By
Environmental Services
1/16/20082:50 PM
OMB Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
1/17120089:41 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
1/18/20088:59 AM
Approved By
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Page 2 of2
Agenda Item No. 16A2
January 29, 2008
Page 4 of 10
James V. Mudd
County Manager
Date
/
I
,
Board of County
Commissioners
County Manager's Office
1/20/2008 1:17 PM
tTlp./lr.\ A opnrl~Tpd\bVn()rt\QQ_ bnwlnro/,,')()')Q 0/" ,)(),)()()R\ 1 h o/,,')(){'ONs:.r:NTo/"')OAGFNnA \
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......p. RUNDAGE, INC.
Agenda Item No. 16A2
January 29, 2008
Page 5 of 10
Pr()t~,ssi(Ill~,1 cngincl"rs, pLlnncl"s, SLlr\'c,,'ors & 11l,'ppcr;;
Mareh 12, 2004
Mr. Chuck Adams
Heritage Greens Community Development District
15730 Red Fox Run
Fort Myers, FL 33912
Re: Heritage Greens, ABB PN n06-CDD
Letter to the Heritage Greens Community Development District Regarding Storm Water
Maintenance Responsibility
Dear Mr. Adams:.
The purpose of this letter is to inform the Heritage Greens Community Development District of its
responsibility to maintain the storm water drainage system at Heritage Greens, Collier County. The storm
water system collects runoff from the buildings, roads and open space and directs it to the on-site lakes,
Runoff from the buildings flows toward drainage easements, which can be any of the following: the rights-of-
way, side or rear yard swales and catch basins, and the lakes. Runoff within the right-of-way is collected by
the concrete valley gutter or curbing and is directed toward the drainage catch basins. Once storm water has
been directed to the lakes, it stages and discharges through the control structure into the drainage ditch along
the east side of the property. The lakes are controlled at a minimum elevation of 12.0' N.G.V.D. during the
wet season. The site is designed to hold storm water at a maximum elevation of 14,05' N.G.v.D., which is the
25-year, 3-day storm elevation.
Per the Collier County and South Florida Water Management District (SFWMD) Permits, it is required that the
Heritage Greens Community Development District be responsible for operating and maintaining the system.
This could entail periodic cleaning of the pipes and/or control structure to ensure that dirt or debris does not
inhibit the flow of water. This also includes maintaining swales and lake side slopes, and keeping drainage
easements free from debris, vegetation or other obstructions.
Please contact me at your earliest convenience should you have any questions and please sign below indicating
that you have received this letter.
Sincerely,
~'PE.
HERITAGE GREENS COMMUNITY DEVELOPMENT DISTRICT
C~t:r~7' (Dat~~01
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Printed Namel& TItle ~-
02...o31j4.1tr
M.lill Office: 7-+00 T;lIJl\,lI111 TLlil;-;. Suile ~()(). \.;,l!lk~,. Flmi,1., .::;410H .::23'): ~91 ,::;1] I F!\X: (1.:\9'1566-220:<-
LceCouHt\': lh131-klldn St.-Stll'.'_' 1()],t-()n~,I\'lTs,l-l<)i'I(L;,::;.-:;qOl (239 ~~4 1173 FAX; 12.:Wl 3.34.117S
w"'\\".;\hbin..:.C1)n~
Name:
~ Item No. 6A2
3021115 OR: 308lr1G:~~ 29, 008
UllIIIIlD 11 DIlICIU _ of IlIUm ClIIm. nage 6 f 10
OI/IIIlOOIII 0l:111I IIlGIT I. 11OCI. CJ.IU
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DOC".ID ,II
aJPlII 1.00
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Addres..:
This Instrument Prtpued b)':
John L. Farquhar. Esq,
Addral:
Ruden, McClosky, Smith.
SchU'ler & Russell. P.A,
200 East Broward Boulevard, 15th Floor
Fon Lauderdale, Florida 33301
Ilta,
lUlU IICCIOID If II.
me 1 'AlIIII n 1111
IAPlII PI lUll
SPAn: ABOVE nus UJlIE POI PlOCIIIING DATA.
SPA.CI dOft nos UN& POI; UC'OaDINC DATA.
Property Appraiser's PIrceIldealiftcation
No. 49660100343
This Quit-Clllim Deed, EXec:utedthi'~daYOfJ;~A.D.,
2002, by HERITAGE GREENS DEVELOPMENT LIMITED PARTNERSHIP, a 'aware
limited partnership, baviDa ilS principii place of business 1114901 Quorum Drive. Suite 485,
Dallas. Texas 7S24().()731, lIntputy,lOBOARDOFCOUNTY COMMISIONERS COlLIER
COUNTY. FLORIDA. as the GovenliD& body of Collier County. Florida. whose post office
address is 3301 East TIIIliami Trail, Noples, Florida 34112, second party:
(Wherever UJed bereiD the .... '1IIIt JIUIl" IIllI '-JIUIl" ....11 illclude siopIor IIllI plwaI.
heill, Iepl....-_lIllIlIIlpaofilldl_..... tbe """""""and IIIlpa of............,..
wherever the coaIUt 10 IdmlIs or requlns)
------
Witnesseth: That lbe saldAiti'. ~~~.jn COI1Sideration of the SWD of Ten
Dollars ($10.00) and other lood~ua Ie COIISlde~!n hand paid by lbe said second
party. the receipt whereof is hen:IlY:acJmowledged, does . y.,mnise. release and quit-claim
unlo the said second party foriver i Ittmnt~tl~~teres~ cla~ and demand which the said
firsl pany has in and 10 the ,f'o1lC?WlDJ' . raes<1l1.'bed~IOl. ~~. or'. Tee. "of land, situate. lying and
being in the County of CollIer. jStiiii''4ftI!;on ,,,to~: \ I
I :( ( II;I!I .!:....i
Tract "RW.I," HERlTAG" ,"&000" lbe.RaI thereof, teconled in
Plat Book 28, al ~\1B. )\,ofthe Public Recolm 0~cojli;;'7icoUllty, Florida.
". -' (' j-,
\~~ "- 1t\\ / J"'j
This conveyance is mad( S\lIljecl to the follow~ matters without servina to
reimpose same: {)/:~:;~_____<\::';/
'~I1E CI\~~c/
(I) zoning restrictions and problbllfOiiSiiDposed by aovernmentalauthority;
(ii) taxes and asseasmetlll for the year 2002 and subsequent years;
(iii) plalS. declarations, lXlYeDanlS, restrictions. easements, reservations and other
matters of tecord; and
(Iv) such facts as an accurate survey may show,
To Han twl to Hold, die IIIDle together with all and siqular the appurtenances
thereunlO beloDJIDJ or in anywlae appenaInlDJ. and all the estate, right. title, interest, Ii....
fTL915127:1
OR' 3080 .A~e~d~Jtem No. 16A2
, l'Ii, LJ~luary 29, 2008
Page 7 of 10
equity and claim wbaIsoeYer of !be said fillt potty, either in law or equity, to !be only proper
use, benefit and behoof of lhe said second potty WRVer.
HERITAGE GREENS DEVELOPMENT
UMITED PARTNERSHIP, a Dell_limited
partnership
Signed. sealed and delivered
in our presence:
By: HERITAGE GREENS GP, u.c, a DeIa_
limited liability company, ill pneraI ParlDer
By: JHP INVESTMENT ADVISORS, u.c, a
Dela_ limited liability c:ompIII)', lIS
authori2led agent pursuaDlto Iimlled
liability company ...._ of Heri.
Greens GP, LLC
By: INSTITUTIONAL HOUSING
PARTNERS I, L.P., a ClI1ifomla
limited partnenhIp, lIS Sole Membel'
By: INSTITUTIONAL HOUSING
PARTNERS, INC., a California
if(JJ.J/~.( //JIIP1 /~~~~"" corporatioD,llSGcooraI ~
Witness . le>?/" ~)c:"y: ~~m...)...;.L.
j /~ N1mc~~",."',/L-
Printed N~IM: R!U1AL~ ''\ Tille: V,., "~,.c.-of'
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Witness n..\\Y\W' NuJ..e:..J.-....... ~"'..~
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Printed Name 'S;"- (X,.i .~ /:::J /
,/,/. R II/, J.J, \'([-';:-;, !\..,;/(.~CORPORATESEALI
f5!l!c,~"",f _ {"'-J!Z!!.~ r,/,,,- /--:,,"- .
Witness "< ?'fii~\\~(~/
............- ... (. --
pr1~~~-/
Witness
Printed Name V \1116<.~~oP
FTl:91S127:1
ttt OR: 3080 ~?erja5~~~', 1~~~
Page 8 of 10
STATE OF TEXAS )
~/' ) 55.:
COUNTY OF t~.s )
The forego" ~~w~ bc~ meJ:::i!,daY of:::r-J ~
_,2002, by ~ U I~~ 1/'>,' . oflNSTITUTIO AL
HOUSING PARTNERS, INC., a CalIfornia corporation, lbe CleDeral PanDer of
INSTITUTIONAL HOUSING PARTNERS I, L.P., a CaIifumla limited porIDOnbip, the Sole
Member of mp INVESTMENT ADVISORS, L.L.C., a Delaware Iimiled IiIbIIiIy CCIIIlpIIly,lbe
authorized agent of HERITAGE GREENS GP, u.c. a Delaware limited liabiIlly company
pursuant to lhe Umiled Liabllll)/ COIIIpID)/ ApeemeDt of Herilage Oreeas GP, u.c, lbe General
Partner of HERITAGE GREENS DEVELOPMENT UMITED PARTNERSHIP, a Delaware
limited partnenhip who is penonaUy Ia10wn to me or procluc:ed as identiftc:alioll
~) tLJd
bli~ " /
~~,,~ waxiS
Typed, p led or stamped name of Notary Public
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STATE OF TEXAS
COUNTY OF Wfo.s. ~ sS.: /\fRCOUG
" 3h\-~~!\Ij,~ . ~.iJ. ~
The foregoma IDSlnIIIIeIIt ~wledpl !!efotjo)li~ thi~ -o&Y of
_' 2002, b~,,4l"_ , ?v~ PRsicleot of INSTITUTlO L
HOUSING PARTNERS, ,INC%', i~~corporalJOD.\ the 0esleraI Partner of
INSTITUTIONAL HOUSIlfG ~B' ~~ ,~~~ limited ponnership, the Sole
MemberofIHPINVES~~V 0 .L.o. .a~I\miledliabilil)/COIIlpII\y,the
authorized agent of ~t:q~!BEN~ :L~. ~ ~I~ limited Iiabilil)/ company
pursuant to the UmiIedUabW17COliijiuy~.ofHFl~reemGP, u.c,lbeGeneral
Partner of HERITAGE GREENSP~PME~~ARTNERSHIP. a Delaware
limited partnership who is ~~ known to me ot ~~ identification
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Agenda Item NO.1 A2
January 29, 2 08
Page 100 10
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 HERITAGE
GREENS. ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 28,
PAGES 78 THROUGH 94; 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
HERITAGE GREENS COMMUNITY
DEVELOPMENT DISTRICT
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 25, 1997 approved the plat of Heritage Greens 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 Services Section of the Development Services
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 Heritage Greens, pursuant to the
plat thereof recorded in Plat Book 28. pages 78 through 94. 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 arc not required to be maintained by the Heritage Greens Community
Development District.
This Resolution adopted after motion, second and majority vote favoring same,
this ~ day of , 2008.
DATE:
ATTEST:
DWlGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
Approved as to fonn and legal
suffici cy: