Agenda 01/27/2026 Item #16A11 (Resolution - Final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Manatee Cove)1/27/2026
Item # 16.A.11
ID# 2026-7
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 Manatee Cove, Application Number PL20150001677 (PPL) and
PL20190002421 (PPLA), and authorize the release of the maintenance securities in the amount of $316,875.55.
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 December 18, 2020, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Manatee Cove.
2) The roadway and drainage improvements will be maintained by the Manatee Cove of Naples Homeowners
Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development Code. The Growth
Management Department inspected the improvements on December 19, 2025, 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 document is attached.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Manatee Cove of Naples
Homeowners Association, Inc. The existing security in the amount of $316,875.55 will be released upon Board
approval. The original security in the amount of $2,213,063.05 has been reduced to the current amount of $316,875.55
based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement
dated May 4, 2020.
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. - CLD
RECOMMENDATION(S): To grant final acceptance of the roadway and drainage improvements in Manatee Cove,
Application Number PL20150001677 (PPL), and PL20190002421 (PPLA), 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 securities.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
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1/27/2026
Item # 16.A.11
ID# 2026-7
Page 937 of 5261
MANATEE COVE
LOCATION MAP
Page 938 of 5261
16A 3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 4 day of May ' 20_2_0 -between Pulte Home Company, LLC hereinafter
referred to as "Developer", and 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 : _M_an_a_te_e _c_ov_e _______ _
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, Water and Sewer Improvements
within 6 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 ,213 ,□63 .os 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 County, 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 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 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 designee to inspect
the required improvements. The County Manager or 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.
Page 939 of 5261
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i 16A 3'
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 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
designee. The County Manager or 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 designee may call upon the subdivi sion 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 _________ , 20 __
SIGNED IN THE PRESENCE OF:
Witness: 14},� �
Printed Name: M�
Wttne��
Printed Name:
ATTEST: ______________ _
Assistant County Attorney
(Name of Entity)
Pulte Home Company, LLC
Mike Hueniken/ ul' of �vd l'/ttv1i,11'n {v�f0; J
Printed Name/Title
(President, VP, or CEO)
Provide Pro er Evidence of Authori
BOARD OF COUNTY COMMISSIONERS
OF
, FLORIDA
Agenda
Date
Page 940 of 5261
Exhibit A 6A 3
PERFORMANCE BOND
BOND NO. ES00004979
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC (Name of Owner)
24311 Walden Center Dr., Ste 300 (Address of Owner)
Bonita Springs, FL 34134 (Address of Owner)
Hereinafter referred to as "Owner") and
Everest Reinsurance Company (Name of Surety)
461 5th Avenue (Address of Surety)
New York, NY 10017 (Address of Surety)
646-828-5001 (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 Two Million Two Hundred Thirteen Thousand
Sixty Three and 05/100 ($2,213,063.05) 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 Manatee Cove, 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
Page 941 of 5261
16A 3W"
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 1st day of May, 2020.
WITNESSES: Pulte Home Company, LLC
Printed Name D. Bryce Langen, VP & Treasurer
Provide Proper Evidence of Authority)
Printed Name
SEE ATTACHED NOTARY ACKNOWLEDGEMENT FOR PRINCIPAL
WITNESSES: Everest Reinsurance Company
C By.
Printed Name: Irma Aguilar Jer rny Polk, Atto e -' ct
Provide Proper Evidence of Authority)
Printed Name: Scott Buchanan
SEE ATTACHED NOTARY ACKNOWLEDGEMNT FOR SURETY
Page 942 of 5261
bA 3
I,
executed this i-)+ day of2020. Atl
PRINCIPAL
BY:
D. Bryce Langen, VP & Treasurer Notary
Attached W
ITN USES F,
Z, M-T%o (Amf - PA'( [; r(LE2_ Paj,
4-r" NAME Rime I & . % t4t
Page 943 of 5261
I6A 3
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
SS.
COUNTY OF FULTON)
This record was acknowledged before me on May 1, 2020, appeared D.
Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, provided to
me on the basis of satisfactory evidence to be the person who appeared
before me and is personally known to me.
WITNESS my hand official seal.
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHiRLEY E kUTCHINSFotaryPublic - State of Georgia
Fulton County
C,»-miss.on Expires Mar 18, 2022
Page 944 of 5261
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On 5 1 24 O 2Q before me personally appeared Jeremy Polk whose
identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the attached
document.
Seal)
v
r ,y Put7lfc State of Anzona
Kjaricopa county Notary Signature
I,! Mattnew Stanton Erra
Y omm5so^ c:xy 05 i3 °Y2022
Y y' /
tif'~•T Matthew Stanton Erra
Commission Expires March 9` , 2022
Page 945 of 5261
@CollierCounty
RE
January 9, 2025
Everest Reinsura nce Company
451 5th Ave
New York, NY 10017
Performance Bond No. ES00004979 / Pulte Home Company, LLC
Manatee Cove Phase 14 PPLA; P120190002421, First Bond Reduction
Dear Sir or Madam:
Please be advised that based on the work completed to date and the associated inspections which have
been conducted, the subject Performance Security may now be reduced by 51,896,187.50 leaving an
ava ilable security of S316,875.55.
The remaining balance represents S115,688.00 in uncompleted improvements, plus 5201,187.55 as the
required maintenance security.
An original Bond Rider should be directed to this office, reducing the value ofthe security, "all other terms
and conditions of original Performance Bond to remaln in full force and effect".
This reduction will become effective uoon our receipt of the oriqinal Bond Rider.
lf I can be of any further assistance to you in this regard, please let me know.
Sincerely,
Duld Aet4.oay
David Anthony
Site Plans Reviewer ll
With authority in these matters
David Morris, P.E.
Project File
Cc:
Page 946 of 5261
DECREASE PENALTY RIDER
BOND AMOUNT s2,213,063.0s BOND NO. ES00004979
To be attached and form a part of Bond No. ES00004979 dated the 1st Day of May,
2020, executed by Everest Reinsurance Company as surety, on behalf of Pulte Home
Company, LLC as current principal of record, and in favor of Collier County, as
Oblig ee for Manatee Cove, and in the amount of Two Million Two Hundred Thirteen
Thousand Sixty Three Dollars and 05/100 (S2,213,063.05).
ln consideration ofthe agreed premium charged forthis bond, it is understood and
agreed that Everest Reinsurance company hereby consents that effective from the
22nd Day of November, 2024, said bond shall be amended as follows
THE BOND PENALTY SHALL BE DECREASED:
FROM: Two Million Two Hundred Thirteen Thousand Sixty Three Dollars and 05/100
To: Three Hundred Sixteen Thousand Eight Hundred Seventy Five Dollars and
ss/ 100 (s316,87s. s s )
The DEcREASE of said bond penalty shall be effective as of the 22nd Day of
November, 2024, and does hereby agree that the continuity of protection 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
liabilitv 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 19th Day of February, 2025
Everest Reinsura nce Company
BY
Jere RN EY-IN-FACT
THE ABOVE BOND IS O ACCEPTED BY:
Collier Cou nty
OBI.IGEE
Po lk,
ED TO
BY
EREBY AG
TITTE
(S2,213,063.0s)
SU RETY
Page 947 of 5261
/aeverest"
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Oelaware ("Company') having its principal
ofrice located at 100 Everest Way, Warren, New Je6ey, 07059, do hereby nominate, constitute, and appoint:
Jeremy Polk, Matthew Erra
its true and lawful Attomey(s)-in-fact to make, execute, anest, seal and deliver for and on its behatf, as surety, and as its act and deed, where required, any
and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full
power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attomey(s)-in-fact shall be binding upon the Company as fully and to lhe same extent as
if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority ol the following Resolutions adopted by the Board of Oirecto6 of
Company ('Board") on April 21 , 201 6:
RESOLyED, that the President. any Executive Vice President, and any Senior Vice President are hereby appointed by the Board as authoized to
make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undedakings, contracts or obligations in surely or co-surety with others
and that the Secretary or any Assislanl Secrelary of the Company be and thal each of them hereby is authorized lo aftest to lhe execution of any such bonds,
undertakings, contracts or obligalions in surety or co-surety and atlach thereto the corporate seal ol the Company.
RESOLVED, FURIHER. thal the President. any Executive Vice President. and any Senior Vice President are hereby authorized to execute powers
of aftorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undeftakings in surely or co-surety
with othes, and that the Secretary or any Assistant Secretary of the Company be. and that each of them is hereby authorized to attest the execution of any
such power of aftotney, and to aftach lhereto the corporate seal ot the Company.
RESOLVED, FURTHER, that the signature ot such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attomey or to any cedificate relating thereto by tacsimile, and any such power of attorney or certificate beanng such facsimile
signatures or facsimile seal shall be thereaftet valid and binding upon the Company wilh respect to any bond, undeiaking, contract or obligation in surety or
co-surety with others to which it is attached.
lN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be atfixed hereto. and these presents to be signed by their duly
authorized officers lhis I5rh day of February 2023.
Everest Reinsurance Company
By: Anthony Romano, Senior Vice President
On this I srh day of February 2023, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above inslrument;
that he knows the seal of said Company: that the seal affixed to the aforesaid inslrument is such corporate seal and was affixed thereto; and that he executed
said instrument by like order.
LINDA ROBINS
Nolary Public, State o, New York
No 01R06239736
Qualified in Queens County
Tem Expires April 25, 2027
Linda Robins, Notary Public
l, Nicole Chase, Assistant Secretary of Everest Reinsurance Company do hereby certify that I have compared the foregoing copy of the Power ot Attorney and
affidavit, and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attomey, with the ORIGI NALS ON FILE I N
THE HOME OFFICE OF SAIO CORPORATION, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attomey has not been revoked and is now in full force and effect.
lN WTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, 15;5 '1 9th 63y o1 February cnc 5
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By: Nicole Chase, Assistant Secretary
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Page 948 of 5261
RESOLU'I'ION NO.26.
A IIESOLUTION OF THE, BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVE,MENTS ANI)
PLAT DEDICATIONS IN MANATEE COVE, ACCORDING
TO THE PLAT THER.EOF RECOIIDED IN PLAT BOOK 68,
PAGES It THROUGH 15, AND RELEASE, OF THE
MAINTENANCE SECURII'Y.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on April
28,2020, approved the plat of Manatee Cove for recording; and
WIIEREAS, the Developcr has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and speciircations as required by the Land
Development Code (Collier Count.v Ordinance No. 04-41. as amended); and
WHEREAS. the Developer is requesting final acceptance of the roadway and drainage
improvements and release olthe maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW. THEREFORE, BE iT RESOLVED BY THE BOARD OF COLINTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that final acceptance is hereby
granted fbr those roadway and drainage improvements and plat dedications in Manatee Cove,
pursuant to the plat thereof recorded in Plat Book 68, Pages 8 through 15, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Manatee Cove will be maintained privately in the future and will not be the
responsibility of Collier County.
'l'his Resolution adopted after motion, second and majority vote favoring same, this
2026day of
ATTEST:
CRYSTAL K. KINZEL. CLERK
Deputy Clerk
Appror ed as to lorm and legality:
Courtney L. DaSilva
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Dan Kowal. Chairman
CAO
llv:
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