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Agenda 10/13/2020 Item #16A 9 (Resolution - Final Plat Winding Cypress Phase 2C)10/13/2020 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 Winding Cypress Phase 2C, Application Number PL20150002037; and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure improvements associated with the subdivision, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On May 23, 2016, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Winding Cypress Phase 2C. 2) The roadway and drainage improvements will be maintained by the project's homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on August 18, 2020, and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff 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 resolution 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 $266,539.03 will be released upon Board approval. The original security in the amount of $2,525,584.08 has been decreased to the current amount of $266,539.03 based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated December 21, 2015. 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. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Winding Cypress Phase 2C Application Number PL20150002037, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 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.9 Packet Pg. 611 10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 13401 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 Winding Cypress Phase 2C, Application Number PL20150002037; and authorize the release of the maintenance security. Meeting Date: 10/13/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/27/2020 1:55 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 08/27/2020 1:55 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 08/27/2020 2:04 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 08/31/2020 11:56 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/08/2020 7:54 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/10/2020 9:24 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/10/2020 11:26 AM Growth Management Department Matthew McLean Additional Reviewer Completed 09/11/2020 9:29 AM Growth Management Department James C French Deputy Department Head Review Completed 09/11/2020 4:13 PM County Attorney's Office Derek Perry Level 2 Attorney Review Completed 09/14/2020 10:22 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/16/2020 9:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/16/2020 9:37 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/16/2020 10:38 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/17/2020 7:47 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/05/2020 10:02 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 16.A.9 Packet Pg. 612 WINDING CYPRESS – PHASE 2C LOCATION MAP 16.A.9.a Packet Pg. 613 Attachment: Location Map (13401 : Final Acceptance - Winding Cypress Phase 2C) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND entered into this Zl ';(day of f,)L 20 /:: between MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS o,vosr. H.mes Lp hereinafter referred tO aS ,'DeVelO per," a the Board of County Commissioners of Collier RECITALS Developer has, simulta Board of certain plat of B. Chapter 4 and 10 of the Collier County Land Development Code required 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, 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, drainage, waler & sewer lmprovements neously with the delivery of this Agreement, applied for the approval by the a SUbdiViSiOn tO be knOWn aS. wndins cypress phase zc months from the date of approval said subdivision plat, said improvements as the required improvements. within 1E hereinafter referred to 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereo0 in the amount of $l.01316rlg__- which amount represents 10% of the total conlract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. ln 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 subdivision performance 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 County Manager or his designee for compliance with the Collier County Land Development Code. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notifo 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 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 constrr]cted 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 year after 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 refiected byfinal approval by the Board, the Board shall release the remaining 10% of the subdivisionperformance 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. o County, Florida, hereinafter referred to as the "Board. 16.A.9.b Packet Pg. 614 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 7. Six (6) months after the execution of this Agreement 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 proiect records necessary for review by the 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. 8. 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 have the right to construct and maintain, or cause to be constructedor 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 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. lN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executgd by their duly authorized representatives this 2 .l 9{ day ol PLL? 14 L4 E t&,, , 20_!E_ SIGNED IN THE PRESENCE OF .) an?+F*\ / /(N t{- t *I |fr. tL L'-l tIAct S (:H nl Printed Name/Titl" \-/ (President, VP, orCEO) r,ir rt\r ) i\11^ ,{-tL,ir, (tLv^.al'Hr:*-(Provide Proper Evidence of Authority) Printed Name \J '"' -l\ ?. r, r,, f.r*rr ATTEST: DWIGHT E. BROC TtlT',, (a ,.:'^ BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIOA clsrk Attes dr Approved is tqlgnd TIM NANCE. CHAIRMAN By ,. \) ' Scott A Stone. Assistant County Attorney Printed Name 16.A.9.b Packet Pg. 615 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 616 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 617 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 618 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 619 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 620 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 621 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 622 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 623 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 624 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 625 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.b Packet Pg. 626 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) July 8, 2016 Mr. Jeremy Polk RLI Insurance Company 8950 S. 52nd St., Ste. 209 Tempe, AZ. 85284 RE: Bond No. CMS281972 / DiVosta Homes, LP Winding Cypress Phase 2C PL20150002037 Dear Mr. Polk: Please be advised that based on the work completed to date, the referenced Performance Security may be reduced by $2,259,045.05, leaving an available security of $266,539.03. An original Bond Rider reducing the value of the Performance Bond should be directed to this office, “all other terms and conditions of original Performance Bond to remain in full force and effect”. If I can be of any further assistance to you in this regard, please let me know. Sincerely, John Houldsworth John H Houldsworth Senior Site Plans Reviewer ‘with authority in these matters’ Cc: J.R. Evans Engineering 16.A.9.b Packet Pg. 627 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) Decrease RIDER BOND NO. CMS28I972 To be attached and form a part of Bond No. CMS281972 dated the 8th day of December, 20.L5,, executed by RLI Insurance Comoanv as surety, on behalf of DiVosta Homes. LP as current principal of record, and in favor of Q!!!q..1@!y, as Obligee, and in the amount of Two Million Five Hundred Twentv Five Thousand Five Hundred Eightv Four Dollars and 08/100 G2825.s84.08). In consideration ofthe agreed premium charged for this bond, it is understood and agreed that RLI Insurance Companv hereby consents that effective from the 8th day of [!y, {![, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Two Million Five Hundred Twentv Five Thousand Five Hundred Eishtv Four Dollars and 08/1 00 ($2.525.s84.08) TO: Two Hundred Sixtv Six Thousand Five Hundred Thirtv Nine Dollars and 03/100 G266839.0O The Decrease of said bond penalty shall be effective as of the 8th day of [!y, !Q![, and does hereby agree that the continuity ofprotection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this llth day ofJuly,2016. RLI Insurance Companv SURETY BY Jessica Hollaender, ATTORN EY-l\-FACT THE ABOVE BOND IS HEREBY AGREED TO An-D ACCEPTtrD BY: Collier Countv OBLIGEE BYr TITLE 16.A.9.b Packet Pg. 628 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) RLI"RLI Surety 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645 -2402 | F ax: (309)689-2036 www.rlicorp.com POWEROFATTORNEY RLI Insurance Company Know All Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint .Iessica Hollaender .Ieremv Polk iointlv or severellv in the Citv of Phoenix State of A its true and lawful Agent and Attomey in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected offrcers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "Al1 bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its corporate seal affixed this 16th day of December , 2015 RLI Insurance Company Vice President with its 6onPoir;" E By 6l a-rs Barton W. Davis /r. Vice President Vice President State of Illinois County ofPeoria )SS 9l ltir l6th. day of December , 2015 , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly swom, acknowledged that he signed the above Power of Attorney as ttre aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certifz that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Companythis 11 day6f ;uIv , ZOLO . - - Notary Public RLI Insurance CompanyM. Bockler PUEL]C coMMtsstoN ExPtREs 01/1{,/18 "OFFICIAL SEAL" JACQUETINE M. BOCKLTR By: 0250773020212 By: Barton W. Davis A0058s I 4 16.A.9.b Packet Pg. 629 Attachment: Bond Basis (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.c Packet Pg. 630 Attachment: Resolution (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.c Packet Pg. 631 Attachment: Resolution (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 632 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 633 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 634 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 635 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 636 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 637 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C) 16.A.9.d Packet Pg. 638 Attachment: Plat Map (13401 : Final Acceptance - Winding Cypress Phase 2C)