Agenda 12/13/2016 Item #16A 1 16.A.1
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an extension through June 7, 2017 for completion and final
acceptance of required subdivision improvements associated with Marsala at Tiburon (AR-7629)
subdivision.
OBJECTIVE: To approve an extension for the completion and final acceptance of subdivision
improvements associated with the Marsala at Tiburon subdivision.
CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners (Board) approved the
final plat of Marsala at Tiburon for recording. Section 10.02.05 C.2 of the Land Development Code
(LDC) requires that all required subdivision improvements must receive final acceptance by the Board
within 36 months from the date of plat approval unless extended by the County Manager or his designee,
the Board, or general law. The LDC allows the developer to request two (2) two-year extensions for
completion and acceptance of the required improvements, which the developer has applied for and
received. Moreover, the developer received additional extensions via state legislation and executive
orders, which extended the final acceptance expiration date to June 6, 2015. As such, the Board must
approve any further extensions because the developer has exhausted its administrative options. The
developer is requesting an additional Board approved two (2) year extension through June 6,2017.
Currently,the only remaining improvements consist of minor sidewalk repairs.
The required subdivision improvements received preliminary acceptance on December 12, 2007, and
have been found to be substantially complete. Currently, the only remaining improvements consist of
some sidewalk repairs. The developer has requested an additional 2 year extension in anticipation of
completing the remaining improvements within the allotted time.
There is a construction and maintenance agreement for subdivision improvements and a performance
bond in place as a development guaranty.
The property owner has paid all of the past fees which would have been paid for normal extensions.
All fees associated with the original approval have been paid.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $300.00 Extension Fee
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAS
RECOMMENDATION: To approve an extension for completion and final acceptance of the required
subdivision improvements associated with Marsala at Tiburon plat(AR-7629) through June 6,2017.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth
Packet Pg.431
16A.1
12/13/2016
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Construction and Maintenance Agreement (PDF)
Packet Pg.432
16A1
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Item Summary: Recommendation to approve an extension through June 7, 2017 for completion
and final acceptance of required subdivision improvements associated with Marsala at Tiburon (AR-
7629) subdivision.
Meeting Date: 12/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
09/28/2016 12:50 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
09/28/2016 12:50 PM
Approved By:
Review:
.-o Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/02/2016 9:02 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 11/02/2016 11:37 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/04/2016 4:06 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 11/07/2016 5:54 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:09 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/17/2016 2:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 4:29 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/18/2016 3:07 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:21 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.A.1.b
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this IV day ofSE.7fS.U, EJ? 20 No , between
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WCI Communities, Inc. hereinafter referred to as "Developer," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board". i=
RECITALS:
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A. Developer has, simultaneously with the delivery of this Agreement, applied for the 12
approval by the Board of a certain plat of a subdivision to be known as: Marsala at Tiburon. o
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B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said W
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
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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: Potable water, sanitary sewer. storm E
sewer, roads, lighting, landscaping and irrigation within 12 months from the date of approval
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said subdivision plat, said improvements hereinafter referred to as the required improvements.
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2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $2,675,232.73 which c
amount represents 10% of the total contract cost to complete construction plus 100% of the
estimate 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
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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 73
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.
Page 1 of 3
Packet Pg. 435
16.A.1.b
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
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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 7+5
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of o
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 y
designee shall inspect the improvements and, if found to be still in compliance with the Collier
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County 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 a
Board accepts maintenance responsibility for and by the County.
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
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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
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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
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perfolluance 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
Page 2 of 3 Packet Pg. 436
16.A.1.b
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. 0
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9. All of the terms, covenants and conditions herein contained are and shall be i=
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binding upon the Developer and the respective successors and assigns of the Developer.
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IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 0
be executed by their duly authorized representatives this 111-14.day of fi301-Et l4rai... 20t>4 .
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SIGNED IN THE PRESENCE OF: WCI COMMUNITIES, INC. o
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Print Name: JLj , m i...: . J. Cr ESrEt_ Skt c
birEvror. cF LA"4 DE vE LbTMEM—
Print Name/Title (President, VP, or CEO) 5
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ATTEST: BOARD OF COUNTY COMMISSIONERS 0
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA03
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Attest Its Om intim s o
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Approved as to form 2
and legal sufficiency: in
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BY:
Jeff E. Wkigj1 t, A sistant County Attorney
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Approved Form—JAI:—February 2006
Page 3 of 3
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16.A.1.b
PERFORMANCE BOND
Bond No. 1017803
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI Communities, Inc.
24301 Walden Center Drive
Bonita Springs, FL 34134
(hereinafter referred to as "Owner") and I-
Lexon Insurance Company
1919 S. Highland Avenue, Bldg. A, Ste. 300
Lombard, IL 60148-4979
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(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 Six Hundred
Seventy Five Thousand Two Hundred Thirty Two Dollars and Seventy Three Cents
($2,675,232.73) in lawful money of the United States, for the payment of which sum well and 'N
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 will complete the
requirements of development order permit no. 2005020033 for the project "Marsala at Tiburon"
pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land
Development Regulations"). This obligation of Surety shall commence on June 6, 2006 and shall
continue until released in writing by the Development Services Director pursuant to the Land
Development Regulation, ("The Guaranty Period").
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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 2
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 2
shall be void, otherwise to remain in full force and effect.
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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 5'
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 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.
Packet Pg. 438
16.A.1.b
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this 3151 day of May, 2006.
(Owner's witness and signature block) ��a`v""""',,,,
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WITNESSES: WCI Communities, Inc. = i SEP'
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WITNESSES: Lexon Insurance Company
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(Separate notary and acknowledgment for Owner and Surety required) c
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STATE OF ILCV2/ f.q v
COUNTY OF L.f-£ c
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The foregoing PERFORMANCE BOND was acknowledged before me this Z day of E
. t,'k.1e , 20G%', by 6 ;ZL° =sr -T, "-(:`,-,t-/be/Li/kik as ca,
4jec -Pea,.;b(-1.--r- of WCI Communities, Inc. m
persona y nown to e a or has produced
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as identification.
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�° NOTAR U{LIC— STATE OF GG`✓c'ri�
. : ;k,otsrj Public,State of Florida
I V ,` orm expires Feb.6,2008
PRINTED NAME
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16.A.1.b
STATE OF ILLINOIS
COUNTY OF DUPAGE
The foregoing PERFORMANCE BOND was acknowledged before me this 31st day of May,
2006, by Kelly A. Jacobs as Attorney-in-Fact of Lexon Insurance Company who is personally
known to me.
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NOTARY PUBLIC — STATE OF ILLINOIS
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Melissa Schmidt (SEAL)
PRINTED NAME
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MELiSSA SOHMIDT a?
No T AR` -JBL,0.STATE OF ILJNOIS LL
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i POWER OF ATTORNEY
LX - 007 5p
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office
_Juisville, Kentucky, does hereby constitute and appoint:
Michael J.Scheer,James I.Moore,Christine Woods,Irene Diaz,
Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Kotovsky
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings
other writings obligatory in nature of a bond.
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This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEX() =
INSURANCE COMPANY on the 1st day of July, 2003 as follows: H
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Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemni t
or other writings obligatory in nature of a bond not to exceed $ 2,700,000.00,Two million seven hundred thousand L
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution i
such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by tf c
regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so grantE •°
may be revoked as specified in the Power of Attorney. c
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Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attornE ti
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such powi o
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power: •N
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continL 1/43
to be valid and binding on the Company. c
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IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and i ►n
Corporate Seal to be affixed this 2nd day of July, 2003. c
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,'\F�ANCF. s LEXON INSURANCE COMPANY c
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t C TEXAS
4 --;(7,.._ a)X i INSURANCE 12 ! 7 m
COMPANY
BY
`\ ,,,, David E.Campbell
,�, '� President
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ACKNOWLEDGEMENT c
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On this 2nd day of July, 2003, before me, personally came David E.Campbell to me known, who being duly sworn,did depose an 3
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;thz
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. c
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QFFICIAL SEAL -
-`� u LYDIA J.DEJONG 0
I NOTARY PUBLIC STATE OF ILLINOIS Y
MY COMMISSION EXPIRES 1 /12/2007 �� , -i��-- c
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Lydia J. DeJong •
CERTIFICATE Notary Public
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I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th 3
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and ttF ;a
resolutions as set forth are now in force. Q
Signed and Sealed at Lombard,Illinois this 31st —Day of MaY_ , 20 Q6 .
Ir, RA CF•�
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t 0• TEXAS T� \ // / / -/
I,Xi INSURANCE ".) —ail / � y
ti`W,:• COMPANY :Z) Donald D. Buchanan
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o /t Secretary
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16.A.1.b
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Engineering and Environmental Services
2800 North Horseshoe Drive • Naples, Florida 34104
January 6, 2008 0
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Lexon Insurance Company
1919 S. Highland Avenue, Bldg. A, Ste. 300
Lombard, IL. 60148-4979 y
RE: Your Performance Bond No. 1017803 /WCI Communities
Marsala at Tiburon
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Escrow Draw Request a
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Dear Sir or Madam: '1'
Please be advised that based on the work completed to date, the subject Performance cn
Bond may now be reduced by the amount of$2.242,158.25, leaving an available balance
of $433,074.48. An original Bond Rider should be directed to this office reducing the
value of the Performance Bond, "all other terms and conditions of original Performance c
Bond to remain in full force and effect".
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Please call this office if you have any questions or need any additional information.
Sincerely,
.6" R. ou sworth
Senior Engineer
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cc: Grady Minor&Associates /Elizabeth Fountain, P.E. U
Daryl Hughes, Engineer
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Phone(239)252-5566 Fax(239) 530-6201 WWW•cg11;
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To be attached to and form a part of Bond No. 1017803
Effective: 5/31/06
Bond Amount: $2,675,232.73 0
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Executed by: WCI Communities, Inc., as Principal iz
and by Lexon Insurance Company, as Surety co
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in favor of Collier County, FL
(Obligee)
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in consideration of the mutual agreements herein contained, the Principal and the Surety w
hereby consent to reducing the bond amount from: c
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$433,074.48
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Nothing herein contained shall vary, alter or extend any provision or condition of this E
bond except as herein expressly stated. 66
This rider is effective January 6, 2008
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Signed and Sealed January 21. 2008
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WCI C0mmunities, Inc. `q.,:$`\‘‘,0. N1T/�8`E�a, 7,�i -0
Lexon lnsu nce Lompany - • 1`'g �z,
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16.A.1.b
CORPORATE ACKNOWLEDGMENT FORM
STATE OF FLORIDA
COUNTY OF LEE
On this 23rd day of January ,2008, before me personally appeared Ernest J. Scheidemann
to me known, who, being by me first duly sworn, did depose and say that he resides in Collier County,
Florida, and that he is a Vice President& CFO of WCI Communities, Inc., a Delaware'corporation, 2
being the corporation described in and which executed the foregoing instrument;that he knows the
corporate seal of said corporation; that the corporate seal affixed to said instrument is such
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corporation's seal; that such seal was so affixed by order and authority of the Board of Directors of said
corporation; and that he signed his name thereto by like order and authority.
My commission expires: / !o_
Not.. Public
State of Florida w
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Janeth P. Hall
Printed Name of Notary Public
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