Agenda 01/14/2020 Item #16A 3 (Resolution - Canopy Roadway & Drainage Improvements)01/14/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Canopy, Application Number PL20120002575, 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 March 3, 2014, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Canopy.
2) The roadway and drainage improvements will be maintained by the Canopy Neighborhood
Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on October 22,
2019 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 Canopy
Neighborhood Association. The existing security in the amount of $369,132.41 will be released upon
Board approval. The original security in the amount of $2,282,403.26 has been reduced to the current
amount based on the previous work performed and completed and pursuant to the terms of the
Construction, Maintenance, and Escrow Agreement dated July 28, 2013.
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
Canopy, Application Number PL20120002575, 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.3
Packet Pg. 487
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 10930
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Canopy, Application Number PL20120002575,
and authorize the release of the maintenance security.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/19/2019 1:55 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/19/2019 1:55 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/19/2019 3:53 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/20/2019 6:15 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/20/2019 5:16 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/21/2019 4:11 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/25/2019 10:10 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/26/2019 2:18 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/16/2019 9:53 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:25 PM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 7:57 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:58 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 4:00 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:37 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/03/2020 4:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.3
Packet Pg. 488
CANOPY
LOCATION MAP
16.A.3.a
Packet Pg. 489 Attachment: Location Map (10930 : Final Acceptance - Canopy)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
-��� day of July ! _____ ----� 2013 between Nea1Coonn,unili .. c4S<-Flo<ido
hereinafter 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 Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: _c_an_0_PY _______________ _
13.Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivisicin
regulations, said guarantees to be incorporated 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,
Dev,�loper and the Board do hereby covenant and agree as follows:
1.Developer will cause to be cons tructed:
within 12 months from the date of approval of said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as E><hibit "A" and by
reference made a part hereof) in the amount of$ 2,2s2•403 .2s -which amount represents 10% of the
total contract cost to complete the construction plus 100% of the estimated cost to complete the requirE!d
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 may call upon the subdivisic,n
performance security to insure satisfactory completion of the required improvements.
4.The required improvements shall not be considered complete until such a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to he
reviewed and approved by the County Manager or his designee for compliance with the Collier County
Land Development Code.
5.The County Manager or his designee shall, within si><ty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and submittE!d
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 aft,�r
preliminary approval by the County Manager or his designee. After the one year maintenance period by
the Developer has terminated, the developer shall petition the County Manager or his designee to inspect
the required improvements. The County Manager or his designee shall inspect the improvements and, if
found to be still in compliance with the Land Development Code as reflected by final approval by the
Board, the Board shall release the remaining 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.
16.A.3.b
Packet Pg. 490 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
7.Six (6) months aher the execution of this Agreement and once within every six (6) months thereafter theDeveloper 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 review by the County Manager -or his designee. The County Manager or his designee may grant the request for areduction in the amount of the subdivision performance security for the improvements completed as 1)f the date of the request.
8.In the event the Deveioper shall fail or neglect to fulfill its obligations under this Agreement, upc,ncertification of such failure, the County Manager or his designee may call upon the subdivisic,n performance security to secure satisfactory completion, repair and maintenance of the requireid improvements. The Board shall have the right to construct and maintain, or cause to be constructed 1>r maintained, pursuant to public advertisement 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 contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer 1:0fulfill all of the provisions of this Agreement.
9.All of the terms, covenants and conditions herein contained are and shall be binding upon the Develop•!rand the respective successors and assigns of the Developer.
IN V✓IT\JESS WHEREOF, the Board �n�he Developer have caused this Agreement to be executepy their dulyauthorized representatives this c2 ce� ' day of ._\�1\':) ! ___ �/ ___ __, 20
Printed Name
(Name� entity) A}.tJ. �CMl.�;ic:.,i, ,fJ ·'"'wtt,i,c.rttl-f°� L<-C.
Printed Name/Title {President, VP, or CEO)
{Provide Proper Evidence of Authority)
ATTEST: ___________ _
DWIGHT E. BROCK, CLERK
BY: ___________ _
Deputy Clerk
Approved as to form and legal sufficiency:
Emily R. Pepin
Assistant County Attorney
SOARD OF COUNTY COMMI SSIONERS OF COLLIER COUNTY, FLORIDA
By: _____ ---------=....--
Ch GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
16.A.3.b
Packet Pg. 491 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
. -I Assistant County Attorney
-
•'
16.A.3.b
Packet Pg. 492 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
16.A.3.b
Packet Pg. 493 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Neal Communities of Southwest Florida
5800 Lakewood Ranch Blvd
Sarasota, FL 34240
(Hereinafter referred to as "Owner") and
International Fidelity Insurance Company
One Newark Center
Newark, NJ 07102
973-624-7200
BOND NO. SEIFSU0617797
(Name of Owner)
(Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of r .... _,,...,,._..,E.,,,tyr..,Thousa""'""'""""''"'nv""""""'00 Dollars
($ 2 ,2a2 ,403.26 ) 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 CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Canopy 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 all claims and demands incurred and shall fully indemnify and save
harmless 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
EXPERIENCE the POWER of PARTNERSHIP
16.A.3.b
Packet Pg. 494 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term "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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 29th day of July / ____ � _20_1_3 ___ _
WITNESSES:
Printed Name
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF £1�n U4
COUNTY OF �f'%c)�
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF J '4-l� / 3 \) 20 ll by JAUF3R.SCITIER (NAM� -
-0-F A_C_K _N-OW�LEDGE)) AS l/2c.e frc-s,le.rr (TITLE) OFJb) Uoiof!.U,d«hrs cf So,f(""'"r,r-kw11r-,L.lC...
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED ________ _
AS IDENTIFICATION.
Notary Public-State of_f,_\_\)_{�_k�----
(SEAL) . \\\illtiii1/l/i/t,,
\ � ·--''''\'D�RRYs··1,,,/ J .:,,,.,.� ··•••·• . 0. ¼� ,•� ())Ml.11Ss;•, V<'.) �
SHERRY S. DODDEMA .$ Jf •• � 1,.\aY:?1 O,i,\�� z�.: '�◊---�� .J�: '· ��:>"'=
,;-;� #�� .. �= gf.-"'-••.) & l,94,Sn,, : � -� & • (_),-;!'J� v�.. 1',- � -� -:.,o •• ,1-?JJ,TittJru •• � -�f'<,v••• r;,S11.·ance ••• ("'\'?-�"'� s,.·•······ �\J �� -.,,/;,, '·4TE 01' r\..O ,,,,, ·•l1'!!1i111\1n\\\.
EXPERIENCE the POWER of PARTNERSHIP
16.A.3.b
Packet Pg. 495 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
SURETY: International Fidelity Insurance Company
By:���
T�so, Attorney-in-fact and
Florida Licensed Resident Agent
Witness: �'---"-4,�.l....lL.l,.,,DL!tf+----=---1.A;,--f.!!.�.,.,t:
Printed Name:Co ..,.__-'---�-'--"-------'--
ST ATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FORGOING PREFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF July 29,201 � by Tanya L. Russo (NAME OF ACKNOWLEDGER) AS
Attorney-in-fact and Florida Licensed Resident Agent (TITLE) of International Fidelity
Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW T,.Q
ME, OR HAD PRODUCED _________ AS IDENTIFICATION. -
Notary Public -State of Florida
EXPERIENCE the POWER of PARTNERSHIP
16.A.3.b
Packet Pg. 496 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
· - ref (9 73) 624-7200
·. ;, i ·. : _.: ·: ::.. : ··:. ·:
="· ... :-: ePOWER OF ATTORNif
INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint r·· - ---------------------------- -------------------------------
FREDERIC M. ARCHERD JR., EILEEN C. HEARD, TANYA RUSSO, RICHARD P. RUSSO, JR.,
PETER A. THOMSON
Tampa, FL.
their true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statutetrule, regulation, contract or otherwise,_ and the execution of sucti instrument(sl in pursuance of these presents, shall be as binding upon the said IN ERNATIONAL FIDELITY INSURANCc: COMPANY and ALLEGHENY CASUAL TY COMPANY, as fully and amply, to all intents ana purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executedAand ma_y be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCECOMPANY and ALLEGHENY CASU L TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 15th day of August, 2000:
"RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of ttie Corporation and affix the Corporation's seal !hereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmenfs of joint-control custodians, agents for acceptance of J)rocess, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obHgation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafte� being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the L,Orporation with the same force and effect as though manually affixed.•
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012.
STATE OF NEW JERSEY County of Essex
ROBERT W. MINSTER Executive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company)
On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.
CERTIFICATION
A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this �q� day of J1.1,f � � l3
MARIA BRANCO, Assistant Secretary
16.A.3.b
Packet Pg. 497 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
16.A.3.b
Packet Pg. 498 Attachment: Bond Basis (10930 : Final Acceptance - Canopy)
16.A.3.c
Packet Pg. 499 Attachment: Resolution (10930 : Final Acceptance - Canopy)
16.A.3.c
Packet Pg. 500 Attachment: Resolution (10930 : Final Acceptance - Canopy)
16.A.3.d
Packet Pg. 501 Attachment: Plat Map (10930 : Final Acceptance - Canopy)
16.A.3.d
Packet Pg. 502 Attachment: Plat Map (10930 : Final Acceptance - Canopy)
16.A.3.d
Packet Pg. 503 Attachment: Plat Map (10930 : Final Acceptance - Canopy)
16.A.3.d
Packet Pg. 504 Attachment: Plat Map (10930 : Final Acceptance - Canopy)
16.A.3.d
Packet Pg. 505 Attachment: Plat Map (10930 : Final Acceptance - Canopy)