Baldwin County, Alabama
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File #: 23-0192    Version: 1
Agenda section: Consent Status: Agenda Ready
File created: 11/2/2022 Meeting type: Baldwin County Commission Regular
On agenda: 12/5/2022 Final action:
Agenda item title: Case No. S-18038-B (SFP22-000012) - Cottages of Aventura, Phase IIIB - Road Acceptance
Attachments: 1. Subdivision Roadway and Drainage Acceptanence Agreement, 2. Exhibit A - Cost Estimate, 3. Exhibit B - Maintenance Bond (REDACTED), 4. Exhibit C - Recorded Plat, 5. Exhibit D - Certification of Improvements, 6. Plat Review Letter, 7. Vicinity Map, 8. Site Map

Meeting Type:   BCC Regular Meeting

Meeting Date:  12/5/2022

Item Status:   New

From: Joey Nunnally, P.E., County Engineer
           Tyler Mitchell, P.E., Construction Manager

Submitted by:  Halley Dixon, Operations Support Specialist II





Case No. S-18038-B (SFP22-000012) - Cottages of Aventura, Phase IIIB - Road Acceptance




Take the following actions regarding Subdivision Case No. S-18038-B (SFP22-000012) - Cottages of Aventura, Phase IIIB, in Maintenance Area 200:

1) Accept the following subdivision roads for maintenance and authorize said roads to be added to the County Maintenance Road List:

Road Name                                                                                    Length                                                               Asphalt Width

Prado Loop                                                                                    483.90 ft                                                                                             22 ft

Aventura Drive                                                                    149 ft                                                                                    22 ft

Fedora Drive                                                                                    984.92 ft                                                                                             22 ft

Prado Loop                                                                                           80.01 ft                                                                                    22 ft


2) Approve and authorize the Chairman to execute the Subdivision Roadway and Drainage Improvement Acceptance Agreement and accept the Surety Document from Capitol Indemnity Corporation on behalf of Aventura Associates, LLC, in the amount of $185,717.38 to guarantee the workmanship and materials of the roadways and drainage improvements within the public rights-of-way as shown on the approved Final and “As-Built” construction plans.




Background:  On September 8, 2022, the Baldwin County Highway Department approved the Final and “As-Built” construction plans for Cottages of Aventura, Phase IIIB (County Case No. S-18038-B - SFP22-000012) located in Loxley. The required improvements have been inspected and are in accordance with the Subdivision Regulations.


The Baldwin County Subdivision Regulations, Article §7.42 - Maintenance Surety Document, requires the following:


a) Acceptance of Maintenance Surety Document. The surety document must first be reviewed by the County Engineer and Chief Legal Counsel, and then accepted and approved by the County Commission;


b) Value of Maintenance Surety Document. The maintenance surety shall be of an amount equal to or greater than 40 percent of the cost (Itemized Engineer’s Cost Estimate) of the full construction of the required roadway and drainage improvements within the public rights-of-way, including but not limited to grading, paving of the streets, and installation of stormwater structures. When the County Engineer identifies potential problems, conditions or reasons for further protection of the County and public funds a greater amount may be required by the County Engineer;


c) Term of Maintenance Surety Document. A maintenance surety document must state that it is “valid for a period of time” as prescribed in the Subdivision Roadway and Drainage Improvement Acceptance Agreement. A twenty-four (24) month warranty period will begin to run upon the occurrence of both of the following (a) the County Commission votes in the affirmative to accept for maintenance the roadway and drainage improvements, within the public rights-of-way; and (b) the maintenance surety document in acceptable form is delivered to the Baldwin County Commission.


Notwithstanding the above requirements, this warranty period shall be automatically extended in the event that an invoice has been sent to the Owner and the time of the subject invoice conflicts with, of the necessary repairs extend beyond, the final date of the twenty-four (24) month warranty period. In such event, said maintenance surety document shall remain in full effect until the Baldwin County Commission releases said surety document following the fulfillment of all obligations to the Baldwin County Commission as required by the Subdivision Roadway and Drainage Improvement Acceptance Agreement.


The value and terms of the surety have been reviewed by Highway Department Staff and are consistent with the requirements of the Baldwin County Subdivision Regulations (See attached Cost Estimate).


Previous Commission action/date:  N/A




Total cost of recommendation:  N/A


Budget line item(s) to be used:  N/A


If this is not a budgeted expenditure, does the recommendation create a need for funding?  N/A




Is legal review necessary for this staff recommendation and related documents? 



Reviewed/approved by:  N/A


Additional comments:  Standard agreement used as previously approved by Brad Hicks, County Attorney (approved 01/09/2020) los




Is advertising required for this recommendation?  N/A


If the proof of publication affidavit is not attached, list the reason: N/A




For time-sensitive follow up, select deadline date for follow up:  N/A


Individual(s) responsible for follow up:  Administration Staff prepare correspondence and have Chairman execute Subdivision Roadway Acceptance Agreement. Return correspondence and signed document to Halley Dixon (Highway Department). Appropriate Highway Department Personnel will be notified to begin maintenance.


Action required (list contact persons/addresses if documents are to be mailed or emailed): 




Mr. Todd M. Wheeler, P.E.

Mullins, LLC

Senior Civil Engineer

240 East Intendencia Street

Pensacola, Florida 32502


Additional instructions/notes:  Administration - Upload agreement to BCAP with Tyler Mitchell as Originator.