Agenda 02/09/2021 Item #16A 6 (Resolution - Final plat of Savannah at Naples Reserve - Replat)02/09/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Savannah at Naples Reserve - Replat, Application Number
PL20190000578, 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 authorize the release of the maintenance
security.
CONSIDERATIONS:
1) On October 22, 2019, the Board of County Commissioners of Collier County, Florida, approved
the plat of Savannah at Naples Reserve - Replat.
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 on December 29,
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 privately maintained. The
existing security in the amount of $6,379.85 will be released upon Board approval, and is based on the
work performed and completed pursuant to the terms of the Construction and Maintenance Agreement
dated November 7, 2018.
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. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Savannah at Naples Reserve - Replat, Application Number PL20190000578, 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)
4. Plat Map (PDF)
16.A.6
Packet Pg. 456
02/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 14668
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Savannah at Naples Reserve – Replat,
Application Number PL20190000578, and authorize the release of the maintenance security.
Meeting Date: 02/09/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/05/2021 4:16 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
01/05/2021 4:16 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/06/2021 11:23 AM
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/07/2021 12:06 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/07/2021 6:21 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/11/2021 10:49 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/12/2021 5:02 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/13/2021 9:06 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2021 10:27 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/15/2021 11:33 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2021 11:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/25/2021 3:17 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/27/2021 6:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
16.A.6
Packet Pg. 457
SAVANNAH AT NAPLES RESERVE REPLAT
LOCATION MAP
16.A.6.a
Packet Pg. 458 Attachment: Location Map (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this betweenday of
hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board.
/ November , 20 21I7th
SFI Naples Reserve, LLC
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:
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.
Savannah at Naples Reserve
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: remaininqs subdivision improvements per attached OPC
within months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
36
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of $.
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
- which amount represents 10% of6,379.85
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 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.
5. The County Manager or his designee 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 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
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 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.6.b
Packet Pg. 459 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
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 project 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. In 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 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 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 executed by
their duly authorized representatives this day of /
/ November , 20J87th
SIGNED IN THE PRESENCE OF:(Name of Enjnt;I Naples Reserve, LLC
r By:.
Printed Name Donald E, Mears
Printed Name/Title
(President, VP, or CEO)Vice President - Land
WUtiWOtr (Provide Proper Evidence of Authority)
Printed Name
ATTEST:
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
—Scott A. Stone --------------
16.A.6.b
Packet Pg. 460 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
PERFORMANCE BOND
BOND NO. CMS0292590
KNOW ALL PERSONS BY THESE PRESENTS: that
SFI Naples Reserve, LLC
3232 W. Lake Mary Blvd., Suite 1410
Lake Mary, FI. 32746
(hereinafter referred to as "Owner") and
RLI Surety
9025 N. Lindbergh Dr.
Peoria, IL 61615
Phone #: (800) 645-2402
(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 six
thousand, three hundred seventy nine, and 85/100 Dollars ($6,379.85) 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 a certain subdivision plat named SAVANNAH AT
NAPLES RESERVE 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.
16.A.6.b
Packet Pg. 461 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE
BOND to be executed this 17th 2018.day of August
SFVNaples Reserve, LLCWITNESSES:
By:Witness 1:l^-
Printed Name:mafaE. Mears Jr./Vice President - Landrmesu
t (Provide Proper Evidence of Authority)Witness 2:
»
Printed Name:
ACKNOWLEDGEMENT
STATE OF
ppWtcrCOUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS 2J_ DAY OF /
Land OF SFI Naples Reserve, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS
PRODUCED
Notary Public - State of
, 2018, BY Donald E. Mears Jr. AS Vice President -
AS IDENTIFICATION.
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(seal) j/m ssrssa
i Corrfrission#GG 169907
f-'y Coirrr. Expires Dec 20.2021 - -r.-' Banded :hf0jgh Na.jona[ Nota(yAssni
Printed Name
WMKir;
/ j
16.A.6.b
Packet Pg. 462 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
RLI Insurance CompanyWITNESSES:A
'
r By:Witness 1:
T7
Printed namc/Titlc: Jo&Hua Sanford, Attorney-In-Fact
FL Non:Resident License # W329008Printed Name: Lorina Garcia
(Provide Proper Evidence of Authority)Witness 2:
Printed Name: Eric Strba
ACKNOWLEDGEMENT
OF Connecticut
COUNTY OF Hartford
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS 17th DAY OF August 2018, BY Joshua Sanford AS Attorney-In-Fact OF
RLI Insurance Company WHO IS PERSONALLY KNOWN TO ME. OR HAS
PRODUCED AS IDENTIFICATION.N/A
Notary Public - State of Connecticut
(SEAL). 7
/S' /m/
Savkharri Chanthasone
Printed Name
SAYKHAM CHANTHASONE
NOTARY PUBLIC-CT 165366
MY COMMISSION EXPIRES OCT. 31, 2018
16.A.6.b
Packet Pg. 463 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney 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 and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together, the "Company") do hereby make, constitute and appoint:
Donna M Planeta. Joshua Sanford. Aimee R Perondine. Aiza Lopez. Brian Peters. Danielle D Johnson. Stenhani A Trudeau. Michelle
Anne McMahon, jointly or severally
its true and lawful Agent(s) and Attomey(s) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
Twenty Five Million
in the City of Hartford ., State of Connecticut
bonds and undertakings in an amount not to exceed
( $25.000.000.00 1 for any single obligation.
Dollars
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney 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
Attorneys 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 Attorney 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 and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective
February
Vice President with its corporate seal affixed this 6th day of
. 2018 .
RLI Insurance Company
Contractors Bonding and Insurance Company
|-S3f I ’.SEAL / 1 B>:Barton W. Davis Vice PresidentY>...
State of Illinois | SS
County of Peoria CERTIFICATE
On this 6th day of February . 2018 . before me, a Notary Public,
personally appeared Barton W. Davis . who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
I, the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
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 Company and/or Contractors Bonding and Insurance
Company this TTm- day of (4 / .*
Phdcht*^ ^
Gretchen L. Johnigk ■
By:RLI Insurance Company
Contractors Bonding and Insurance Company
t
Notary Public
GRETCHEN L JOHNIGK
flStST! “OFFICIAL SEAL"
! Illinois I My Commission Expires £
May 26.2020 ►
By:
Jean M/Stephenson Corporate Secretary
06SVCCTR0202I2
A0058817
16.A.6.b
Packet Pg. 464 Attachment: Bond Basis (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
16.A.6.c
Packet Pg. 465 Attachment: Resolution (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
16.A.6.c
Packet Pg. 466 Attachment: Resolution (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
16.A.6.d
Packet Pg. 467 Attachment: Plat Map (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)
16.A.6.d
Packet Pg. 468 Attachment: Plat Map (14668 : Final Acceptance - Savannah at Naples Reserve - Replat)