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Agenda 10/08/2019 Item #16A 5 (Resolution: Pelican Marsh Unit 19)10/08/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Pelican Marsh Unit Nineteen, Application Number 97-103, 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, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On April 6, 2000, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Pelican Marsh Unit Nineteen. 2) The roadway and drainage improvements will be privately maintained. 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 the project’s homeowners association. The existing security in the amount of $21,038.29 will be released upon Board approval, pursuant to the terms of the Construction and Maintenance Agreement dated March 28, 2000. 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 accept final acceptance of the roadway and drainage improvements in Pelican Marsh Unit Nineteen, Application Number 97-103, and authorize; 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements, and acceptance of the plat dedications. 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. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.5 Packet Pg. 481 10/08/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 10056 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Pelican Marsh Unit Nineteen, Application Number 97-103, and authorize the release of the maintenance security. Meeting Date: 10/08/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 09/03/2019 2:55 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/03/2019 2:55 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/03/2019 4:27 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/03/2019 5:20 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/04/2019 7:22 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/04/2019 2:02 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/04/2019 2:23 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 09/05/2019 2:49 PM Growth Management Department Matthew McLean Additional Reviewer Completed 09/06/2019 1:54 PM Growth Management Department James C French Deputy Department Head Review Completed 09/11/2019 3:55 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/13/2019 9:33 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/17/2019 8:21 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2019 2:11 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/24/2019 1:50 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/24/2019 3:32 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 5:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM 16.A.5 Packet Pg. 482 PELICAN MARSH UNIT NINETEEN LOCATION MAP 16.A.5.a Packet Pg. 483 Attachment: Location Map (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this .aLday of ffi�000, between ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida • limited partnership, hereinafter referred to as "Developer," and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "Board." RECITALS: A.Developer has, simultaneously with the delivery of the Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Pelican Marsh Unit Nineteen. B.Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: l. Developer will cause the paving, drainage, potable water, irrigation, sanitary sewer, and street lighting improvements for Pelican Marsh Unit Nineteen to be constructed within twenty­ four (24) months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2.Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3.Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $21,038.29 which represents ten percent (10%) of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. I l/15/99-6S88I Ver. 01!-LMITCHEL NO 136-070-000-E I SDC-22117 10/15/99-67341 Ver: 01 t-NHOFFMAN 02934-027..(Hl 1-ECOR-23 734 16.A.5.b Packet Pg. 484 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) Construction and Maintenance Agreement Pelican Marsh Unit Nineteen 4.The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5.The Development Services Director 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 improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are, in fact, constructed and submitted for approval in accordance with the requirements of this Agreement. 6.The Developer shall maintain, or cause to be maintained, all required improvements for a minimum period of one (1) year after preliminary approval by the development Services Director. After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent ( 10%) subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7.In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisements and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and 10/15/99-67343 Ver OI!-NHOFFMAN 02934-027-0lll-ECOR-23734 16.A.5.b Packet Pg. 485 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) Construction and Maintenance Agreement Pelican Marsh Unit Nineteen 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. 8.All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this$_ day o� _ ("'{�, 2000. ATTEST: 1 itns #1 -Signature Jody K Vanderbilt Witness #1 -Print Name ����,_.,) Witness #2 -Signature Diane Whitacre Witness #2 -Print Name ATTEST: _DWIGHT E. BROCK, CLERK Attest as to Chatraan·s",,,: ·s1.gnature only. r,' � • . App o��d as to form and legal sufficiency: 10/15/99-67343 Ver: 01!-NHOFFMAN 02934..()27..(10 I -ECOR-23734 ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida limited partnership By: ST. CROIX APARTMENTS AT PELICAN MARSH,INC. 16.A.5.b Packet Pg. 486 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) BOND NO: 015-010-326COLLIER COUNTY LAND DEVELOPMENT CODEMAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that (hereinafter ref erred to as "Owner") and St. Croix Apartments at Pelican Marsh, Ltd 4851 North Tamiami Trail, Suite 400 Naples, Florida 34103, Liberty Mutual Insurance Company Bo�on, Massachusetts (Hereinafter referred to a."> "Surety") arc held and firmly bound wito Collier County, Florida, (hereinafter referred to as .. County") in the total aggregate sum of Twenty 0Jle Thousand and Thirty Eight Dollars and Twenty Nine Cents ($21,038.29) 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. TIIE CONDIDON OF TIUS OBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named .._Pelican Marsh Unit Nineteen ___, and that certain subdivision shall include required improvements which are required by Comer 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 the final acceptance by the Board of County Commissioners of the specific improvements describ� in the Land development regulations (hereinafter the guaranty period). NOW 1HEREFORE, if the Owner shall well, truly and faithfully perfonn its obligations and duties in accordance with the Land Development Regulations during the guaranty period cstabhshed by the County. and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save hannless the County from and against an costs and damages which it may suffer by reason of Owner's failure to do 50, and shall reimburse and repay the County all outlay and expense which the CoUJ'lty may incur in making good any default, then this obligation shall be void. otl1erwisc 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, ex.tension of time, alteration. addition or deletion to the proposed specific improvements. PROVIDED FURTIIBR., that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal md separate amendments hereto, so as to bind the Owner and Surety to the full and faithful perfonnance in accordance with the Land Development Regulations. The term "Amendment,'' wherever used in this Bond, and whether referring to this Bond, ar other documents shalJ include any alteration, addition or modification of any character whatsoever. 16.A.5.b Packet Pg. 487 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) a(/Ju;, tl;t,;,b�• ) Witness-Signature Diane Whitacre Witness-Printed Namef;J,,:.z , k 'Z�i.d-C-' -Signature Jody K Vanderbil1 Witness-Printed Name STATE OF FLORIDA COUN1Y OF COLLIER ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida limited partnership By: St. Croix Apartments at Pchcan Marsh,Inc., a Florid� corporation, its sole general The foregoing instrument was acknowledged before me this �ay o� 2000 by Frank P.Potestio, Jr., as President of ST. CROIX APARTMENTS AT PELICAN M�C., a Florida corporation, as sole general partner of ST. CROIX APARTMENTS AT PELICAN MARSH, LTD., a Florida limited partnership. on bcha]f of the corporation and the limited partnership, who is pc:rsontlly known to me or who produced _________ as identification. My commt!ision expires: ,,•rii.'·:_:''••··� DIANE WHITACRE f.f'if:..i:;., MY COMMISSION # CC 825440�-�� EXPIRES: August 10, 2003·•,?,'",;;'II.�••-Bonded Thru Notary Public Underwriters ,,-iht-'' --·•·····---------Printed Name of Notary Not.ary Commission Number 16.A.5.b Packet Pg. 488 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) DATED as of this �day of March. , 2000. :lsi� SMffilA_=--·Liberty Mutual Insurance Company Witness-Siatun: Regina Stroud ----w· Printed Name . u.Q:;d� ��; 'l,\_tjJJ _ _l � gnature _,, Diana Figueroa -----Witness Printed Name State of C0l\NECTI CUT County of FLORIDA The foregoing instrument was acknowledged before meby Natalie Rein.3C?_ld on behalf of Liberty Mutual Insurance Company. Personally known_ or produced identification_. Type of identification produced _____ _ (Affix notary seal) -···�-;� Notary Publ My CoJ'l'lmi�inc:�•-v·pires: s pternb r 30, ELY SIJ 2003 .",�'l'A RY .. «UBb!C' Notary �'t�IO_N,IDIRES SEPT 30, 2003 �TERSIGNATURE �{9. f/. �� LicansedResidentAgent Nancy H. Zaleski 16.A.5.b Packet Pg. 489 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) SURETY ACKNOWLEDGMIENT ST ATE OF CONNECTICUT COUNTY OF FAIRFIELD On March 27, 2000 before me personally came NATALIE REINGOLD, to me known who being by me duly sworn did depose and say that he/she resides in STAMFORD, CONNECTICUT, that he/she is Attorney-in-Fact of LIBERTY MUTUAL INSURANCE COMPANY, the corporation described in, and which executed the within instrument; that he/she knows the seal of said corporation; that the seal affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order; and that the said company has received from the Superintendent of Insurance of the State of Connecticut, and that such certificate has not been re voked. S:ldepls,..&-SU'ely\BONO LIBRARY\MNSBONDS\l.lBERlY ACK.doc ELY PSI S NOTARY·PUBLIC MY COMMISSION EXPIRES SEPT. 30, 2003 16.A.5.b Packet Pg. 490 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) .:­'iii0 Q. G) "C . .:ii: U) C Cl) caS.0 C� ca -..:s ! 2:!CJ> CJ Cl) o-= .. caCl)> =­j! ! � "C a·iii .2 2:! 4io 0 Cl) c 'i � .. Cl).., C) 1/)ca Cl> CJ) .. t:S o.= E .. s o ca---"C >, = (.) ca C >Cl)-..0 .. z� :THIS.POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 605467 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, ELY PSIJAS, JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE RE INGOLD, DIANA FIGUEROA, JAMES L. BURTON, ALL OF T HE CITY OF STAMFORD, STATE OF CONNEC TICUT , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100*******************0 DOLLARS ($ 50,000,000.00-) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons . That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t.hert')tQ in Plymouth Meeting, Pennsylvania this 1 8th day of November 199 9 /f) ,w~ •,', By �,dr w.··� Garnet W. Elliott, Assistant Se cre tary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY LIBERTY MUTUAL INSURANCE COMPANY On this 18th November , A.O. 1999 , before me, a Notary Public, personally came the individual, known to me to be the therein desc.oi.1ee1-mQll£Iidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled-ged that he executed the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signat was duly affixed and subscribed to the said instrument by authority and direction of the said company. retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true an c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEJf �· J �ave hereu�o0s�'Q'cribed my name and affixed the corporate seal of the said company, this _2�7_t�h ____ day of . . ,, QL.�,£?L -:-�""'7'ls""ta_n_t-=s�ec-r-et_a_ry�------------- THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER ---�N=o�v�e=m�b�e=r_1�8�--, 20 �0�1�-· 16.A.5.b Packet Pg. 491 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) Liberty Mutual Insurance Comp�ny Statutory Balance Sheet (dollars in thousartd5t Assets l)ecember 31, 1998 Bonds ......................•.................................................................................. , .............. _, ..................... . Common & Preferred Stocks ................................................................................. ,-.................................. . Real Estate ............................................................................................................................................ . Cash & Short-Term Investments .................................................................................................................. . Other Invested Assets ............................................................................................................................... . Subtotal Cash and Invested Assets ............................................................................................................... . Premium in Course of Collection* ............................................................................................................... . Reinsurance Recoverables on Loss and Loss Adjustment Expense Payments ............................................................ . Interest, Dividends and real Estate Income Due and Accrued ............................................................................... . Other �ets ........................................................................................................................................ . TOTAL NONADMITTED ASSETS ........................................................................................................... . Liabilities and Surplus Reserve for Losses and Loss Adjustment Expenses .......................................................................................... . Reserve for Unearned Premiums ................................................................................................................ . Reinsurance Payable on Paid Loss and Loss Adjustment Expenses ....................................................................... . Federal Income Tax and State Premium Tax Accrued ...................................................................................... . Other Liabilities ................................................................................................................................... . TOT AL LIABILITIES ............................................................................................................................. . Unassigned Surplus ................................................................... • ............................................................. . Guaranty Funds .................................................................................................................................... . Surplus Notes ......................................................................................................................................... . TOTAL CAPITAL AND SURPLUS ............................................................................................................. . TOTAL LIABILITIES, CAPITAL AND SURPLUS ........................................................................................ . (*Excludes balances more than 90 days past due) COMM ON\VEALTII OF MASSACHUSETTS COUNTY OF SUFFOLK SS: $ 10,652,422 5,280,880 141,340 225,116 562,415 16,862,173 1,503,612 220,252 165,569 693,424 $ 19,445,030 ============= $ 10,484,373 1,673,756 31,792 148,585 1,039,023 13,377,529 4,925,724 1,250 1,140,527 6,067,501 $ 19,445,030 Dennis Langwell, being duly sworn, says: That he is Vice President and Comptroller of Liberty Mutual Insurance Company; that said Company is a mutual insurance company duly organized, existing and engaged in business as a surety by virtue of the laws of the state of the Commonwealth of Massachusetts and has duly c9�plied with all the requirements of the laws of said Commonwealth and of the laws of the State of ____________________ applicable to said Company and is duly qualified to act as surety under such laws; that said Company has also complied with and is duly qualified to act as surety on federal bonds under Section 9305 of Title 31 of the United States Code. That the foregoing is a full, true and correct statement of the financial condition of said Company of the 31st day December, 1998. Sworn to before me this 31st day of March, 1999 Myc.�;,,; ••• ,...,JLMil-�d MY COMMISSION EXPIRES JULY 23, 2004 16.A.5.b Packet Pg. 492 Attachment: Bond Basis (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) 16.A.5.c Packet Pg. 493 Attachment: Resolution (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) 16.A.5.c Packet Pg. 494 Attachment: Resolution (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) 16.A.5.dPacket Pg. 495Attachment: Plat Map (10056 : Final Acceptance - Pelican Marsh Unit Nineteen) 16.A.5.dPacket Pg. 496Attachment: Plat Map (10056 : Final Acceptance - Pelican Marsh Unit Nineteen)