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Agenda 09/24/2019 Item #16A 5 (Resolution for Final Plat of Ave Maria Unit 13 in the Middlebrooke Townhomes)09/24/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Ave Maria Unit 13, Middlebrooke Townhomes, Application Number AR-10581, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, and release the maintenance security. CONSIDERATIONS: 1) On September 26, 2007, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Ave Maria Unit 13, Middlebrooke Townhomes. 2) The roadway and drainage improvements will be maintained by Ave Maria Development, LLLP (including the Ave Maria Stewardship Community District and the Ave Maria Master Association, Inc.), and the Middlebrooke at Ave Maria Recreation Association, Inc. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management 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. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by Ave Maria Development, LLLP (including the Ave Maria Stewardship Community District and the Ave Maria Master Association, Inc.), and the Middlebrooke at Ave Maria Recreation Association, Inc. The existing security in the amount of $1,482,667.68 will be released upon Board approval. Improvements were completed pursuant to the terms of the Construction and Maintenance Agreement dated March 27, 2007. 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. - SAA RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Ave Maria Unit 13, Middlebrooke Townhomes, Application Number AR-10581, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) 16.A.5 Packet Pg. 861 09/24/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 9748 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Ave Maria Unit 13, Middlebrooke Townho mes, Application Number AR-10581, and authorize the release of the maintenance security. Meeting Date: 09/24/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/07/2019 11:09 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/07/2019 11:09 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 08/07/2019 11:15 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 08/07/2019 2:04 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/08/2019 4:20 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 08/19/2019 10:52 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/20/2019 10:13 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/26/2019 4:41 PM Growth Management Department Matthew McLean Additional Reviewer Completed 08/27/2019 7:19 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/03/2019 8:57 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/03/2019 4:23 PM Growth Management Department James C French Deputy Department Head Review Completed 09/04/2019 4:43 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/10/2019 12:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/12/2019 9:34 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/12/2019 2:10 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/16/2019 1:29 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/24/2019 9:00 AM 16.A.5 Packet Pg. 862 AVE MARIA UNIT 13 MIDDLEBROOK TOWNHOMES LOCATION MAP 16.A.5.a Packet Pg. 863 Attachment: Location Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.b Packet Pg. 864 Attachment: Resolution (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.b Packet Pg. 865 Attachment: Resolution (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROYEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDTVTSION IMPROVEMENTS entered into this zlrtt 6u, of MAe-cr.\ , 200a, by Ave Maria Development, LLLP, (hereinafter "Developer"), and the THE BOARD OF COUNTY COMMISSIONERS oF COLLIER coUNTY, FLORIDA (hereinafter "the Board"). RECITALS: l. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Middlebrooke Townhomes (Ave Maria Unit 13). 2. Chapter 4 and l0 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: l. Developer will cause to be constructed: the paved roadways and sidewalks, drainage, utilities and like facilities, the required improvements, to be constructed pursuant to the specifications that have been approved by the Development Services Director within eighteen (18) months from the date of approval of said subdivision plat. Developer hereby tenders its subdivision performance security (attached hereto as Exhibit A and by reference made a part hereofl in the amount of $11482,667.68 which amount represents lOVo of the total contract cost to complete construction plus L00Vo of the estimate cost to complete the required improvements as of the date of this Agreement. The developer has also provided a surety bond as security to Ave Maria Utility Company, LLLP (AMUC) for the potable water system, and sanitary sewer system improvements. In the event of default by the Developer or failure of the developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by the Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. ) J 4. 16.A.5.c Packet Pg. 866 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) t 5 6. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvernents; or b) notifu the Developer in writing of his refusal to approve the improvements, therewith specifoing those conditions which the Developer must fulfill in order to obtain the approval of the County Manager of the required improvements. However, in no event shall the County Manager or hii designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one(l) year after preliminary approval by the County Manager or his designee. After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. 1.he County Manager or his designee shall inspect the required improvernents and, if found to be still in compliance with the Collier County Land Development Code as reflected by the final approval of the Board, the Board shall release the rernaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution of this Agreernent and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for revilw by thl County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. ln the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall havi the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvemenis required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnifl, the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and respective successors and assigns of the Developer. 7 8. 9 16.A.5.c Packet Pg. 867 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) IN WITNESS WHEREoF' the.Developer and the Board have caused this Agreernent to beexecuted by their duly authorir"a,.pr"r"irtatives thi;;frt* "r__ =." -1_, 200 } SIGNED, SEALED AND DELIVERED TN AVETHE a r1 ,A k&-hk By: Print Name Maria ATTEST: DWICHT E. BROCK CLERK (Paul J.as President Chairman BOARD OF COLINTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA LLLP of Barron Collier Partner of Ave By: J Jo;rl r Approved as to form and legal sufficiency: i J County Attorney Bv:rttcit 16.A.5.c Packet Pg. 868 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) MIDDLEBROOKE TOWNHOMES Opinion of probable Cost DRAINAGE Description Estimated Quantity Unit Unit Price Amount I5" RCP I8" RCP 24'RCP 30'' RCP 36" RCP 12" TIDPE 15" Headwall 24" Headwall 36" Headwall Valley Gutter lnlet (Complete) Junction Box Grate Inlet Yard Drain I,009 136 559 238 524 2,013 5 I J 22 4 7 37 LF LF LF LF LF LF EA EA EA EA EA EA EA $36. I 0 $45.75 $6,222.00 $59.63 $7s.24 $33.333.t7 $17,907 t2 $92.00 $48 $3s.00 $70,4ss.00 $900.00 s4,500.00 - $l,400.00$ I,400.00 - $2.750.00 $3,340.00 $8.250.00 $3,970.00 $3,1e8.00 $7s0.00 s27,750.00 I 33-O4-06-Conry Orc-pLr bond.xt. $73,480.00 $ r 5.880.00 TOTAL = $366.t60.09 l 16.A.5.c Packet Pg. 869 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) MIDDLEBROOKE TOWNHOMES Opinion of probable Cost PAVING Description Estimated Unit Unit Price Amount Sigring and Marking Valley Gutter Type "F" Curb Handicap Ramp 3/4" Asphaltic Concrete (Type S-III) First Lift 3/4" Asphaltic Concrete (Type S_I[ Second Lift 6" Limerock Base (compacted and primed) I 2 " Stabilized Subgrade 4" Concrete Sidewalk (Reinforced) $5.78 $124,6n.02 $5.s0 $il 8,574.50 $3.24 $98,437.68 TOTAL= I 7,790 3,1 90 8 21,559 21,559 21,559 30,3E2 4,318 LS L.F' LF EA SY SY SY SY SY $r0.r0 $7.00 $85s .00 $6.840.00 $l13.t84.75$5.2s 1 lll4a4$CMry Opcrtd bmd.xls $36.45 $t57.39t.10 16.A.5.c Packet Pg. 870 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) MIDDLEBROOKE TOWNHOMES Opinion of probabte Cost I LANDSCAPE AND IRRIGATION Estimated Street Trees Internal Trees Residential Shrubs Mulch Irrigation t92 69 2245 16602 362643 s225.00 Unit Unit Price EA EA EA SF SF $e.00 Amount $43.200.00 s 15.525.00 s20.20s.00 $4.316.52 $ r26.925.0s $2r0,171 .57 $0.26 $0.35 TOTAL = 1 33+t-08-County Opcriar bord. xts 16.A.5.c Packet Pg. 871 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) MIDDLEBROOKE TOWNHOMES Opinion of probable Cost STREET LIGHTTNG Estimated Quantity 48 Unit Price $l AmountUnit LSStreet Lighting TOTAL: 6 1 33-O4-08-Co6ty OpCrlat bond.xls 16.A.5.c Packet Pg. 872 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bond No. 5025962 Ave Maria Development, L.L.L.P., A Florida Limited Liability Limited Partnership 2600 Golden Gate Parkway, Naples, Florida 34105 (hereinafter referred to as "Owner'') and Bond Safeguard Insurance Company 631 Shute Lane Old Hickory, TN 37138 David E. Campbell, President 615-250-3043 (hereinafter referred to as "Surety'') are held and finnly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million Four Hundred Eighty Two Thousand Six Hundred Sixty Seven and 68/100 Dollars ($1,482,667.68) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDmON OF THIS OBLIGATION is such that whereas, the owner has submitted for approval by the Board a certain subdivision plat named Middlebrooke Townhomes and that certain subdivision shall include specific Improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations''). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period''). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy ail claims and demands incurred and shall fully indemnify and save hannless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific Improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full faithful performance in accordance with the Land Development Regulations. The tenn "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. 16.A.5.c Packet Pg. 873 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) I' .IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 13th day of March, 2007. WITNESSES: CAROLYN A. 8WW Printed Name Printed Name Ave Maria Development, LL.LP., A Florida Limited Uab ility Limited Partnership, by Barron Collier Corporation, A Florida Cor , n I artner ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF _______ BY PAUL J. MARINELLI AS PRESIDENT OF AVE MARIA DEVELOPMENT, LL.LP., A FLORIDA UMITED LIABI LL.ITY' LIMITED PA RTNERSHIP WHO IS PERSONALLY KNOWN TO ME, OR HAS PROD UCED __________ AS IDENTIACATION. Notary Public -State of ______ _ (SEAL) Printed Name Melissa Schmidt McComb Printed Name 16.A.5.c Packet Pg. 874 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) POWER OF ATTORNEY Bond Safeguard AO 109 30 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an llfinois Corporation with its principal office in Lombard, lllinots , does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Pegy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman 0000•0000• its true and lawful Attomey(s)-ln-Fact to make, execute, seal and deliver for. and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as ii they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BONO SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY �� David E: Campbell President ACKNOWLE DGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r-------------... "OFFICIAL SEAL" LYDIA J. DE JONG Notary Public, State of Illinois My Commission Expires 1/12/07 CERTIFICATE Lydia J. DeJong Notary Public I, the undersigned, Vice President of BONO SAFEGUARD INSURANCE COMPANY, An lilinots Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this __ 1_3_t_h ___ day of March ,20_07 __ _ Donald D. Buchanan Secretary 16.A.5.c Packet Pg. 875 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On March 13, 2007. before me. a Notary Public in and for said County and State. residingtherein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, knownto me to be Attorney-in-Fact of Bond Safeguard Insurance Company. the corporation described in and that executed the within and foregoing instrument. and known to me tobe the person who executed the said instrument, and known to me to be the person whoexecuted the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, theday and year stated in this certificate above. My Commission Expires on Se tember 23, 2009 OFFICIAL SEAL JENNIFER J MCCOMB NOTARY PUBLIC· STATE OF ILLINOIS JIV COMMISSION EXPIRES:09/23109 --- 16.A.5.c Packet Pg. 876 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) Middlebrooke Townhomes OPINION OF PROBABLE COST Drainage Paving Landscape & Irrigation Street Lighting TOTAL I 0% Maintenance Fee Total Bond Amount ,�-oe-county OPC.plal bond.xi• Summary $366,160.09 $723,548.05 $210,171.57 $48,000.00 $1,347,879.71 $134,787.97 Sl,482,667.68 16.A.5.c Packet Pg. 877 Attachment: Bond Basis (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 878 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 879 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 880 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 881 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 882 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes) 16.A.5.d Packet Pg. 883 Attachment: Plat Map (9748 : Ave Maria Unit 13, Middlebrooke Townhomes)