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Agenda 12/10/2019 Item #16A12 (Resolution - McCarty Subdivision)12/10/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of McCarty Subdivision, Application Number AR-3700 and PL20120001712, 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 December 21, 2005, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in McCarty Subdivision. 2) The roadway and drainage improvements will be maintained by the McCarty Subdivision Property Owners Association. 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 McCarty Subdivision Property Owners Association. The existing security in the amount of $10,000 will be released upon Board approval. The original security in the amount of $50,000 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated May 6, 2004. GROWTH MANAGEMENT IMPACT: There is no growth management impact. 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 McCarty Subdivision, Application Number AR-3700 and PL20120001712, 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, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Plat Map (PDF) 4. Bond Basis (PDF) 16.A.12 Packet Pg. 1661 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 10657 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of McCarty Subdivision, Application Number AR- 3700 and PL20120001712, and authorize the release of the maintenance security. Meeting Date: 12/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/24/2019 9:23 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/24/2019 9:23 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 10/24/2019 9:52 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/24/2019 2:26 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/29/2019 3:39 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/30/2019 12:57 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 11/04/2019 11:26 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/06/2019 3:22 PM Growth Management Department Matthew McLean Additional Reviewer Completed 11/08/2019 9:07 AM Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:17 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/15/2019 10:00 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2019 5:02 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 8:00 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 8:42 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 9:42 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/26/2019 10:09 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 16.A.12 Packet Pg. 1662 MCCARTY SUBDIVISION LOCATION MAP 16.A.12.a Packet Pg. 1663 Attachment: Location Map (10657 : Final Acceptance - McCarty Subdivision) 16.A.12.b Packet Pg. 1664 Attachment: Resolution (10657 : Final Acceptance - McCarty Subdivision) 16.A.12.b Packet Pg. 1665 Attachment: Resolution (10657 : Final Acceptance - McCarty Subdivision) 16.A.12.c Packet Pg. 1666 Attachment: Plat Map (10657 : Final Acceptance - McCarty Subdivision) COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION I.MPROVEMENTS TIDS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this _£_ day of J½tfl • -49-2co �{ between '5n?PtlfrtY h cC�ereinafter referred to as "Developer," and the Board of County Commissioners of Collier County. Florida, hereinafter referred to as the "Board ... RECITALS: A.Developer has, simultaneously with the delivery of this AgJeement, applied for the approval by the Board of a certain plat of a subdivision to be known as:McCarty Subdivision B.Division 3.2 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 inc.oxporated in a bonded agreement for the construction of the required improvements. 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: 1.Developer will cause to be constructed:Roadway construction, stormwate.-management, and landscape/irrigation improvements. within _ 18_ months from the date of approval said subdivision plat, said improvements hereinafter referred to as the requued improvements. 2.Developer herewith tenders its subdivision pcrfonnancc security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of SS0.000 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3.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 performanc� security to insure satisfactory completion of the required improvements. 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. 16.A.12.d Packet Pg. 1667 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) 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 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 all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one 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 remaining 10% of the subdivisjon performance security. The Developer's responsibility for mai ntenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7.Six. (6) months after the execution ofthis Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of wotk complete, Each request for a reduction in the dollar amount of the subdivision perfonnance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director 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. 8.In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision perfonnance security to secure satisfactory completion, repair and maintenance of the requiredimprovements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and 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 16.A.12.d Packet Pg. 1668 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) 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. 9.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 e:x.ecuted by their �uly authorized representatives this � day of/½A-7 ¼9---. 2 oO Lj- SIGNED, SEALED AND DELIVERED IN Du;,;£-�eveloper Name) THE PRESENCE OF: ��/ � By:1-�c-f-= � \/LA.})1':>{Av fus?£L $�� h�C�,l Printed or Typed NamePrinted or Typed g; I, BER, N !tR.:D Printed or Typed Name Title BOARD OF COUNTY COMMISSIONE OF COLLIER COUNTY,FL A 16.A.12.d Packet Pg. 1669 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS AR-3700 McCARTY SUBDIVISION 5-May-03 SUMMARY ITEM TOTAL EARTHWORK/LANDSCAPING/MISCELLANEOUS 19,250.00 i STORM SEWER 1,500.00 PAVING 23,592.20 44,342.20 p (6 Prepared by: Beau Keene, P. E. FI. Reg. No. 46831 1199 First Avenue South Naples, FL 34102 tom vim ,, 16.A.12.d Packet Pg. 1670 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) EARTHWORK/LANDSCAPING/MISCELLANEOUS ITEM QUANTITY UNIT COST TOTAL EROSION CONTROL 1 LS $ 1,500.00 1,500.00 CLEARING & GRUBBING 1 LS $ 3,000.00 3,000.00 REQUIRED LANDSCAPING/IRRIGATION 1 LS $ 5,000.00 5,000.00 SWALE GRADING 1 LS $ 6,000.00 6,000.00 SURVEYING - STAKEOUT& SET PRM'S 1 LS $ 3,000.00 3,000.00 ENGINEERING INSPECTION/CERTS 1 LS $ 750.00 750.00 19,250.00 16.A.12.d Packet Pg. 1671 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) STORM SEWER ITEM QUANTITY UNIT COST TOTAL 18" CMP 28 LF $ 25.00 700.00 18" MES 2 EA $ 400.00 800.00 1,500.00 16.A.12.d Packet Pg. 1672 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) PAVING ITEM QUANTITY UNIT COST TOTAL 1-1/2"ASPHALTIC CONCRETE 1,920 SY $ 3.85 7,392.00 6" LIMEROCK BASE 2,033 SY $ 5.40 10,978.20 12"STABILIZED SUBGRADE 2,361 SY $ 2.00 4,722.00 SIGNAGE &STRIPING 1 LS $ 500.00 500.00 23,592.20 16.A.12.d Packet Pg. 1673 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) Official Receipt -Collier County Board of County Commissioners CDPR1103 -Official Recei t Trans Number Post Date Pa ment Sli Nbr 506456 8/26/2004 Appl Name: KEENE ENGi 'EERING CONSULTANTS, INC. Appl Stage/Status: RELEA E STAGE/RELEASED Address: BEAU KEENE, P., . 1199 FIRST AVE SOUTH NAPLES FL 34102 Proj Name: MCCARTY SU DIVISION Type: RSF TAZ: 68.1/6 Subdiv Nbr: 723 Project Nbr: 2003020001 Payor : STEPHEN MCCAR Fee Information Fee Code Descri tion GL Account AR 3700 12BOND DEPOSITS-C MM DEV CASH BOND 67000000022011300000 Payments Pa ment Code CHECK Memo: Total Total Cash Total Non-Cash Total Paid Amount Waived $50000.00 $50000.00 Amount $50000.00 $0.00 $50000.00 $50000.00 I Cashier/location: MCCAULEYKATY / 1 Collier County Board of Co nty Commissioners CD-Plus for Windows 95/N User: EATON_S Printed:8/26/2004 2:55:53 PM 16.A.12.d Packet Pg. 1674 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision) PLANNING SERVICES DEPARTMENT ENGINEERING REVIEW SECTION TO: Connie Murray, Operations Manager FROM: John Houldsworth, Senior Engineer DATE: October 29, 2019 RE: McCarty Subdivision _____________________________________________________________________ On August 26, 2004 the developer posted a cash bond in the amount of $50,000.00 as security for subdivision improvements. A copy of the receipt is provided for your information. The developer has completed a majority of the work required. Please have a check in the amount of $40,000.00 (leaving $10,000.00 as security) issued back to : Mr. Stephen McCarty 1817 Kolff Street Newport, MN. 55055 Authorized signature: ___________________ Thomas E. Kuck, P.E., Engineering Review Director Sent 8/16/05 16.A.12.d Packet Pg. 1675 Attachment: Bond Basis (10657 : Final Acceptance - McCarty Subdivision)