Agenda 05/25/2021 Item #16A 1 (Resolution - Sereno Grove Roadway & Drainage Improvements)05/25/2021
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 Sereno Grove,
Application Number PL20160001884; 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 August 28, 2019, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Sereno Grove.
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 March 2, 2021,
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 $324,088.60 will be released upon Board
approval. The original security in the amount of $2,142,641.60 has been decreased to the current amount
of $324,088.60 based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated October 29, 2018.
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
Sereno Grove, Application Number PL20160001884, 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
16.A.1
Packet Pg. 496
05/25/2021
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.1
Packet Pg. 497
05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 15313
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 Sereno
Grove, Application Number PL20160001884; and authorize the release of the maintenance security.
Meeting Date: 05/25/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/15/2021 8:47 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
03/15/2021 8:47 AM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 9:06 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/15/2021 6:04 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/16/2021 2:52 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/18/2021 9:30 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/18/2021 10:18 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/18/2021 4:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/25/2021 9:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 2:16 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/09/2021 4:14 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
16.A.1
Packet Pg. 498
SERENO GROVE
LOCATION MAP
16.A.1.a
Packet Pg. 499 Attachment: Location Map (15313 : Final Acceptance - Sereno Grove)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPR OVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this :2 q day of ID I I 20 /8 between
wc,eonvr.,.,.,,.LLc 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: Sereno Grove ---------8.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: drainage, roadways, utilities an d related infrastructure.
within 12 months from the date of approval said subdivision plat, said improvements
hereinafter referred to as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
by reference made a part hereof) in the amount of $2,142,641 .6 0 -which amount represents 10% 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.
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.1.b
Packet Pg. 500 Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
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 completio , repair and maintenance of the required
improvements. The Board shall have the right to constr ct and maintain, or cause to be constructed
or maintained , pursuant to public advertisement d receipt and acceptance of bids, the
improvements required herein. The Developer, as rincipal under the subdivision performance
security, shall be liable to pay and to indemnify the Bo rd, upon completion of such construction, the
final total cost to the Board thereof, including, but n limited to, engineering, legal and contingent
costs, together with any damages, either direct or c sequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of th provisions of this Agreement.
9.All of the terms, covenants and conditions herein
Developer and the res pective successors and assigns
ntained are and shall be binding upon the
the Developer.
IN WITNESS WHEREOF, the Board and the Developer hav aused this Agreement to be exP.cuted by
their duly authorized representatives thi$ _ :2 q day of _--\4,....,l ....._! ____ I ____ , 20.f:L.
Printed Name
Cryst�I K. Kini°'el, Cle�i/ ot't'h; Circuit Court & Comptroller
("_":)
.. ...
n ity)WCI Communities, LLC
Darin McMurray, VP
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
ScottA. Stone ____________ ---l,----------------------i
Assistant County Attorney
16.A.1.b
Packet Pg. 501 Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
16.A.1.bPacket Pg. 502Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
16.A.1.bPacket Pg. 503Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
16.A.1.bPacket Pg. 504Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
.Rff*C-ovmty
Grc\ /h Management Deparfnent
Development Review Division
March 4. 2020
Fidelity Guaranty and Acceptance Corp
700 NW 107'r'Ave. Ste. 204
Miami. FL.33172
RE: Your Irrevocable Standby Letter of Credir No. FGAC- l 8058
Lennar Honles. LLC Sereno Grove PL20l 6000 I 884
An original Amendment reducing the value olthe Credit should be directed to this office, "all other terms
and conditions oforiginal Letter of Credit to remain in full force and effect',.
If I can be of anl further assistance to you in this regard, please let me know.
The reduction will become eff'ective upon our receipt of the original Amendment.
Sincerely.
loAa Hou0dswottA
John H Houldsworth
Senior Site Plans Reviewer
'rvith auhority in these matters'
Cc: Q. Grady Minor
Dq,EhprErt Re/i Divilixl '2&O l,Hr l'Mle Dril.e ' lgCes, Fkid 34104 ' 23S252'24m 'ttl.l'lv'c*'courM'goti
Dear Sir or Madam:
Please be advised that based on the work completed to date, the referenced Performance Security may be
reduced by $1,818,553.00, leaving an available security of$324,088.60. The remaining securiry represenrs
the required 10% maintenance security of$194,785.60, plus $129,303.00 in uncompleted improvements.
16.A.1.b
Packet Pg. 505 Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
FIDELITY GUARANTY AND ACCEPTANCE
7oo Nw;Jl i"rtlYSo-,tYl'r"o'
coRP
fPHONE (305)553-A724 r^N.
ItARClt 9,2020
IRRE\'OCABI,E STAT"DB\ l,llTrER OF CREDIT \O. FGAC-18058
APPLI('AN'I: LENNAR[IOMI:,S,1.1,C.(HllREINA}'TUR"DEVELOP}IR")
IIMSI SIX i!IILE (]} PRESS PARKWA}
FORT }II ERS. FI,ORIDA JJ966
BENEFICIAR}:TIIE
28OO NORl H IIORST]STIOE DRIvE
\A Pl.t.s. t L J4l0{
DT]VT]I,OPMEN'T REVIT:W DIVTSIoTi
(THRXE IIUNDRED 'IWENTY t'OtIR
BAN'TY AND ACCEPIANCE COBP
ANO ACCEPIAT!Ct COFrP
NCE COFP IJDILITY GUAFANTY AND ACOCPTANCE COBP
collP
AMOUNT:
CENTI,EMEN:
TO AMEND LI]TTER OF CRf,DI'I' NO. FGAC.I8O58 AS ISSTJED IN YOTJR FAVOR
THIS AIIII]NDNIENT IS AN INTIiCRAL PART OF THE ORIGINAL CREDIT. ALL OTHERTERVS AND CONDI'I'IONS OF
THE LT]TTER OF CREDIl' I\CLI DING PRT]VIOTIS A\IENDNIENTS REMAIN T]NCIIA\GED.
AMENDED TERMS:
REDUCE DOLLAR AIIOUNT FROIU; $2,1,12,641.60 TO: SJ2,1,08E.60.
IIINIEDIATE r-OTIFICA'I lON MtiST BE GIVEN TO tis IF THIS AMENDIIIENT lS NOT ACCEPTED.
THIS IS AMENDMENT No.2.
VERI' TRtJI,\' I'OTJRS.
FIDELIT\ GTJARANTI' AND ACCEPTANCT] CORP.
fIDELITY OUANANTY AND ACCEPlANCE
FIDEI ITY CL]AAANTY ANOACCFPfANCE CORP
F i--F. II}
'iL]ABAI.IIY
A\D ACCEPTANCF
FIDfL]TY GUAFAI\I:I/ A\IJ ACCEPIANCE COFP
IiDELIiY C1]ARANTY AND ACCEPIANCE
FIOELITY Ci]ARANIY AI.ID ACCIPTANCE COFP
FIOELiTY GLiAHANIY ANI) ACCEPIANCE
FIDELITY GUAFATfY A\O ACCEPTAIIC' CCFP
FIDTLiT GUAFA]\T1 AND ACCEPIANCt
FIOEL]i} CUARAN JV ANO ACCEPIANC€ CCqP
fIDLLIIY OUAI]ANI Y ANO ACOEP]ANCE
rloeLllY G,lABr\\fY Al0
^CCIPTANCE
CORP
FlOa.'rY 1:u^AAa\ rY Ar'1O ACCEPTANCE
FIDELITY IJL.)AIidTJiY AI]iI ACCEPTANCE CORP
.IL]EL11 Y
']
UANAN IY AN D ACCEPIANCE
rIDI L I]"Y GI] RAN'Y ANO ACCEP-IANC' OOBP
FIOI i i-ry GUARANTY AND ACCEPTANCE
FIDELIry GUARA(1 A\O AC'EPTA\GI COFP
F]DELIIY GUAFANTY AND ACCEPTANCE CORP
CONP FIDELITY GUAFANTY AND ACC€PTANCE
FIDFI I-TY GUARANTY AND ACCFPIANCE COBP
COFP FIDFLITY GUAFANTY AND ACCEPTANCF
F]O€LITY GUABANTY AND ACCEPTANCE COFP
COBP FID€UTY GUARANTY AND ACCEPIANCE
F]OILITY OUAI]ANTY ANI] ACCTPlANCE CORP
CONP FIDELIlY GUANAN TY ANDACCEPIANCI."
TIDELiTY Gt-iAFANTY AND ACCEPTANCE COFP
CORP FIOEL]TY GUAFANTYANDA'CEPTANCE
FIDELI'Y GUAITANTY AND ACCTPIANCE CORI]
CORP FIDELiIY GL]ABAN I Y AND ACOEPTANCL
TIDfLI'TY CUARANTY AND ACCIPTANCE CORP
COBP FIDELITY GllAFAl\rlY ANo ACCEPT NCE
F]DELITY GUAFANIY ANO ACCEPTANCE COFP
CORP FIDEIITY GUARANIY AND AOCEPIANCE
I]DEI.ITY GUAFANTY AND ACCEPTANCE CORP
CORP fl DELITY CUAFANTY ANO ACCEP'ANCE
FIDELIry GUARANTY AND ACCEPTANGE COAP
FIDELITY GUARANTY ANO ACCEPIANCE COFP
COFP F.IO€L]TY GUABANIY AND ACCEPIANCE
FIDELIry GUARANTY AND ACCEPTANCE CORP
CORP FIDELITY GUAFANTY AND ACCEPTANC€
F1D€LITY GUABANTY ANO ACCEPTANCE COFP
COFP FID€LI'Y GUARANry AND ACCEPIANCE
FIDELI'TY GUARANTY ANO ACCEPTANCE CORP
CORP FIDEL!ry GUARANTY AND ACCEPTANCE
FIDFLITY GUAFANIY AND ACCEPTANCF COFP
COHP FIDELITY GIJAFANTY AND ACCFPTAIiCF
FIDEI
'-TY
GIIARANTY AND AT]CFPTANCF CORP
CORP FIDELITY GUARANTY ANO ACCEPTANCE
FIDEI lI'( GUAAANTY ANO ACCFPTANC' COFP
CORP FiOFLITY GUAIiANI Y AND ACCEPTANCL
FIOEL]TY GUANANTY ANO ACCEPIANCE COFP
CCFP FIDEUTY GUABANTY AND ACCEPIANCT
FIDELITY GUAHAN IY AND ACCEPIANCE CORI'
COfiP FIDFI II Y Ci]AI]AN IY ANl] ACCFPIANCT'
FIC€LITY GUABANTY ANO ACCEPTANCE CORP
COFP FIOELITY GLIARANIY 4NO ACCEPTANOE
FIDELITY GUABANIY AND ACCEPIANCE COqP
CORP FIDELI-IY GUAITANTY ANI] ACCEPIANCT
FID'I ]-Y GUANAN AND ACCTPIANCF COFP
CORP F]DEL'TY GL'ABANIY ANO ACCEPT^NCI
FIDEL1IY OUARANlY AND ACCE PTAN CE CCqP
FIOE!ITY GUAAANTY ANO ACCEPIANCE COFIP
COFP FIOELITY GUABANIY ANO ACCEPIANCI
FIDELITY CUARANTY AND ACCEPTANCE COFP
COBP FIDEUTY GUARANTY ANO ACCEPTANOE
FIDELIIY GUAAANry AND ACCEPTANCE CORP
COFP FIDELITY GUARAN-TY ANO ACCEPTANCE
FIOETITY 6UANANTY AND ACCEPTANCE CORP
CORP FIOFI ITYGTIARANTYANOACCFPTANOF
FIDETITY GUARANTY A}ID ACCEPTANCI CORP
CORP FIOELITY GL]AFANiY AIiO ACCEPIANCF
FIDEIITY GUABANTY AND ACCEPTANCE CORP
CORP FIDELITY GL]ARANTY ANO ACCEPTANCE
FIDTL[Y GUAFANTY AND ACCFPTANCE CORP
COFP FIDELT'Y GUARANIY AND ACCEP]ANCT
F]O!LIry GUAAA\TY ANO ACCEPTANC€ (]OFP
COFP FIDEU]Y GUAFANIVAND ACCEPIAI\'I
FLDELITY GUAIIANI I AND ACCEPIANCF COA )
CORP FIOEIIIY CI.]ANANIY AND ACCEPIANCI.
F]DEL Y G{JAFIANTY AND ACCEPTANCE CORP
CORP FIOf! YGUAEANI}'ANOACCEPTANCE
FlOELITY GUAAA\IY AND ACCEP',ANCE COBP
COFIP FIDELIIY CUARANIY ANLT ACCEPIANCE
l:ID[LITY GI]ARANTY ANO CCEPTANCT CORP
COFP FIDELI-IY Gl]ARANTY ANO ACCEPTANCT
F]D€LITY CITAi]A!-T q\O ACCEPIANCE COiIP
FIDEL TY PIANCE CQNP FIDE GUANANTY AND ACCEPTANC€
ilDtLr./
JACQU
16.A.1.b
Packet Pg. 506 Attachment: Bond Basis (15313 : Final Acceptance - Sereno Grove)
16.A.1.c
Packet Pg. 507 Attachment: Resolution (15313 : Final Acceptance - Sereno Grove)
16.A.1.c
Packet Pg. 508 Attachment: Resolution (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 509 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 510 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 511 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 512 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 513 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)
16.A.1.d
Packet Pg. 514 Attachment: Plat Map (15313 : Final Acceptance - Sereno Grove)