Agenda 04/28/2020 Item #16A13 (Resolution - Woodcrest Drive)04/28/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the public roadway and drainage
improvements for a portion of that roadway known as Woodcrest Drive, located between
Acremaker Road and Tree Farm Road, approximately 1,000 feet of two-lane roadway, Permit No.
PRROW20190204809.
OBJECTIVE: To have the Board of County Commissioners (Board) accept the infrastructure
improvements associated with that portion of the roadway known as Woodcrest Drive.
CONSIDERATIONS:
1) On October 4, 2012 this portion of road Right-of-Way was conveyed to Collier County via OR
Book 4842, Page 3226 of the Public Records of Collier County, Florida.
2) The roadway and drainage improvements will be maintained by Collier County through the
Transportation Services Division Operations and Maintenance Budget.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on February 13,
2020 and is recommending final acceptance of the improvements.
3) 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 within the Right-of-Way will be
maintained by Collier County through the Transportation Services Division Operations and Maintenance
Budget. The existing security in the total amount of $75,217.22 will be released upon Board approval.
The original security in the amount of $827,391 has been reduced to the current amount based on the
previous work performed and completed.
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 the
subject portion of Woodcrest Drive, 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
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
16.A.13
Packet Pg. 262
04/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 11820
Item Summary: Recommendation to approve a Resolution for final acceptance of the public
roadway and drainage improvements for a portion of that roadway known as Woodcrest Drive, located
between Acremaker Road and Tree Farm Road, approximately 1,000 feet of two-lane roadway, Permit
No. PRROW20190204809.
Meeting Date: 04/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/26/2020 10:40 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/26/2020 10:40 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/27/2020 8:23 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/27/2020 11:08 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/04/2020 10:46 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/09/2020 10:44 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/11/2020 11:00 AM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/16/2020 7:51 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/16/2020 1:07 PM
Road Maintenance Albert English Additional Reviewer Completed 03/16/2020 2:14 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/20/2020 1:52 PM
Growth Management Department James C French Deputy Department Head Review Completed 03/23/2020 10:18 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/24/2020 9:05 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/24/2020 9:55 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/24/2020 1:20 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/24/2020 3:19 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/20/2020 9:30 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM
16.A.13
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WOODCREST DRIVE
LOCATION MAP
16.A.13.a
Packet Pg. 264 Attachment: Location Map (11820 : Final Acceptance - Woodcrest Drive)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1153638
KNOW ALL PERSONS BY THESE PRESENTS: that
ARGO WARM SPRINGS, LP
21141 BELLA TERRA BLVD.
ESTERO, FL 33928
(hereinafter referred to as "Owner") and
LEXON INSURANCE COMPANY
10002 SHELBYVILLE ROAD, SUITE 100
LOUISVILLE, KY 40223
(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 Eight Hundred Twenty-Seven Thousand Three
Hundred Ninety-One and 00/100 Dollars ($827,391.00) 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
an application for Woodcrest Drive Offsite -Warm Springs -Permit Numbers: PL20150001870 and
PRWRO2010616481 and that certain obligations 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 it is released 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 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.
16.A.13.b
Packet Pg. 265 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15 th day of
December, 2017.
Owner
Attest:Argo Warm Springs, LP
By: � 4-==
State of Florida [ County of U> \ ( �
I HEREBY ��th
:�
this day, befure me, an office, duly authoriwl to take acknowledgements,
personally appeared A of Argo Warm Springs. LP, to me known to be described in and
who executed the forgoing instrumentar( acknowledged to and before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid this� of t;l (.t� 2017.
State of Kentucky
County of Jefferson
My Commission expires
Surety
Lexon Insurance Company�� R�.to rce!LTheresa Pickerrell, Attorney-in-Fact
Before me this day personally appeared Theresa Pickerrell, Attorney-in-Fact for Lexon Insurance Company
who,being duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 15th day of December, 2017----Sandra L. Fusinetti, Notary Public----::; My Commission expires February 13. 2020.
LDCA:6
16.A.13.b
Packet Pg. 266 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
POWER OF ATTORNEY LX-316865Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwe ll, James H. Martin, Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerre ll, Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix its true and lawful Attorney(s)-ln-Fact to make, execute, seal and de liver 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 LEXON INSURANCE
COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other i 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 $5,000,000.00, Five 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 if they had been du ly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-InFact, 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 Assistant Secretary, 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 shal l 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 of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY __ ---'-:::::M�D-fa�...,..,id:-=�:-ri-��a-m--,pb,-e"C"tll-::rl---President
C?n this 5th ?ay of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he 1s the President of LEXON 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.
AMY TAYLOR
Notary Public-State of Tennessee
Davidson County
Mv Commission Exoires 07-08-19
CERTIFICATE I, t�e. undersigned, Assistant Se�retary of L�XO_N INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFYthat th� original Power of Attorney of which the forgoing Is a true and correct copy, is in full force and effect and has not been revoked and theresolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this \S�\t\ Day of b)�froter20J.]__.
.,.... ---BY ��� --------=A -n_,d,....re-w--=s-m-i....,.th _ __,..,_ ____ _Assistant Secretary
"W:ARNING:_ �ny person wh� knowingly and with intent to defraud any insurance company or other person, files and application for insurance of
claim �ontammg any. materially false i_nfo�matio_n, or conce�ls for the purpose of misleading, information concerning any fact material thereto,
commits a fraudulent insurance act, which 1s a crime and subJects such person to criminal and civil penalties."
16.A.13.b
Packet Pg. 267 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
C-oun$
Gro,vth Management Department
Development Revisrv Division
February 19,2019
Lexon Insurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY . 40223
RE: Your Performance Bond No. I 153638 / ARGO Warm Springs, LP
Woodcrest Drive, Off Site Roadway Improvements
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $7 52,173.78,leaving an available security in the amount of
975,217.22. The remaining value represents the 10% maintenance security which must
remain in place until final acceptance of the improvements.
An original Bond Rider must be submitted to this office reducing the value of the
Performance Bond, "all other terms and conditions of original Performance Bond to
remain in full force and effect".
If I can be ofany further assistance to you in this regard, please let me know
Sincerely,
$oL^ gftould!?odh
John R Houldswonh
Senior Site Plans Reviewer
With authority in these matters
DevdoFnEt Revbw th,i*n . 28@ tlcfi l.l(rsedlc Oive ' lihdes, Haih 31j04 . 20252-20 . Hrr.cohrgwrld
Cc: Matt Hermanson PE, Grady Minor & Associates
16.A.13.b
Packet Pg. 268 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
Woodcrest Drive
Off Site Roadway lmProvements
GENERAL PURPOSE RIDER
To ba ettachod to and torm pan of Bond Number 1153638 effecliva 72/7512017
i$ucd by tho Lexon Insurance ComDanv
in th6 smount of 82 7,391.00 DOLLARS,
Arqo Warm Spri NqS, LPon behalt of
es Principal and in favor of Collier unw Board of CounW Commissi oners
as Oblig66:
No . Ther€toB, it b agt€€d that:
This rider will decrease the bond amount as follows:
current Bond Amount: $827,391 00
New Bond Amount: $75,217.22
It b furthor undorstood and agreod that all other terms and conditions ot this bond shall remain unchangod
This rider is to be effoctive the 19th day of February
Sign€d, realed and dgl6d 166 25th 66y e1 February 2019
Aroo rm Sorinos.
By:
\r-pr-uso.
Attomsy-in-Fad
Accepted By:
C.ollier County Board of Countv Commissioners
2019
Theresa Pickenell
16.A.13.b
Packet Pg. 269 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in
Austin, Texas, does hereby constitute and appoint: Brook T. Smith, Raymond ir. Hundley, Jason D. Cromwell, James H. Martin, Barbara
Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn,
Beth Frymire, Leigh Mccanhy, Michael Dix, Susan Ritter its true and laMul Attorney(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 LEXON INSURANCE
COMPANY on the l st day of July, 2003 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-ln-Fac{ 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 $10,000,000.00 Ten Million Dollars, which the Company might execute through its duly
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-ln-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regulady elecled officers of the Company. Any Attorney-ln-
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WTNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Sealto be affixed this 22nd day ofJune, 2018.
LEXON INSURANCE COMPANY
BY 4"L?r
Brian Beggs
President
ACKNOWLEDGEMENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed
said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation
-.."'+'rH'.2
''zry."{$''
AMY TAYLOR
Notery Puuic' Slalc of Tennes3€e
Davidson Counly
My Co.nmission Eltircs 07-0&19
BY
Am
Nota
lor
Public
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the forgoing 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 Seal at Mount Juliet, Tennessee tnis 25lh Day of I'cbru"ru--------T
4.BY
Andrew Smith
Assistant Secretary
"WARNINGi Any person who knowingly and with intont to dgfraud any lnsurance company or other psrson, flles and application for insurance of
claim containing any materlally fals6 information, or conceals for tho purposg of mlsleadlng, lntormation concerning any fact matorial thergto,
commlts a fraudulgnt lnsurcnce act, which is a crime and subjecG such porson to crlmlnal and clvll penaltlos."
SEAL
SEAL
POWER OF ATTORNEY
LX- 1 1078
Lexon lnsurance Gompany
zo ll
16.A.13.b
Packet Pg. 270 Attachment: Bond Basis (11820 : Final Acceptance - Woodcrest Drive)
RESOLUTION NO. 20-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS FOR A PORTION
OF WOODCREST DRIVE, LOCATED IN
SECTION 25 AND 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, ACCORDING TO THE
WARRANTY DEED RECORDED IN OR BOOK
4842, PAGES 3226 THROUGH 3230, AND
ACCEPTANCE OF THE MAINTENANCE
OBLIGATIONS.
WHEREAS, on January 27, 2015, the developers of Woodcrest Drive entered into
a Developer Agreement with Collier County in the joint interest of constructing a portion
of Woodcrest Drive, as recorded in OR Book 5117, Page 1485; and
WHEREAS, this portion of the right-of-way was conveyed to the County via the
Warranty Deed, as recorded in OR Book 4842, Pages 3226 -3230; 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 this portion of the
roadway and drainage improvements; and
WHEREAS, the Growth Management 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 that portion of the
Woodcrest Drive right-of-way located between Acremaker Road and Tree Farm Road,
approximately 1,000 feet in length of two-lane roadway.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements, within that portion of Woodcrest Drive right-of-way, located between
Acremaker Road and Tree Farm Road, will be maintained by Collier County.
16.A.13.c
Packet Pg. 271 Attachment: Resolution (11820 : Final Acceptance - Woodcrest Drive)
This Resolution adopted after motion, second and majority vote favoring same,
this ___ day of ______ , 2020.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Approved as to form and legality:
Sally A. Ashkar,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _____________ _ Burt L. Saunders, CHAIRMAN
16.A.13.c
Packet Pg. 272 Attachment: Resolution (11820 : Final Acceptance - Woodcrest Drive)