Agenda 12/13/2016 Item #16A14 16A.14
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve an extension through January 13, 2018 for completion of required
subdivision improvements associated with Ave Maria Unit 4, Hampton Village Phase 1 (AR-8879),
subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
OBJECTIVE: To approve an extension for the completion of subdivision improvements associated with
the Ave Maria Unit 4, Hampton Village Phase 1 subdivision.
CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners (Board) approved the
final plat of Ave Maria Unit 4, Hampton Village Phase 1 for recording. Section 10.02.05 C.2 of the Land
Development Code (LDC) requires the associated subdivision improvements must receive final
acceptance within 36 months of plat approval unless extended by the County Manager or designee, the
Board, or general. law. The LDC allows the developer to request 2 two-year extensions for completion
and acceptance of the required improvements, which developer has applied for and received. Moreover,
the developer received additional extensions through various legislation and Executive Orders. However,
the extensions expired on January 13, 2014 and therefore the Board must approve any further extensions
because the developer has exhausted its administrative options. The required subdivision improvements
are substantially complete. On April 9, 2007, the Development Review Division granted preliminary
acceptance of the subdivision improvements. There is a Performance Bond already in place as a
development guaranty.
The property owner has requested that the Board approve an extension of the plat improvements final
acceptance deadline from January 13, 2014 to January 13, 2018. Therefore, the improvements must
receive final acceptance prior to January 13, 2018 if the Board approves this extension.
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 of the required subdivision
improvements associated with the Ave Maria Unit 4, Hampton Village Phase 1 plat (AR-8879) until
January 13, 2018.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1.Location Map (PDF)
2. Construction and Maintenance Agreement (PDF)
Packet Pg. 556
16.A.14
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Item Summary: Recommendation to approve an extension through January 13, 2018 for
completion of required subdivision improvements associated with Ave Maria Unit 4, Hampton Village
Phase 1 (AR-8879) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land
Development Code(LDC).
Meeting Date: 12/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/19/2016 11:28 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
10/19/2016 11:28 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/19/2016 1:25 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/25/2016 4:16 PM
Growth Management Department James French Additional Reviewer Completed 10/27/2016 11:04 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:02 AM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 11/23/2016 11:22 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/23/2016 11:31 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/23/2016 3:05 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2016 9:34 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg. 557
rc Oa6elll/l uo;duaeH 17 e! LN any;sanbaN uoisua;x3 : 6EZZ) dew uoi;epoi :;uawyoe;;y
Q A
In
US
L c.A.67 t ccuS KW
El Cr)
v
i 2 R
CL
_W g
I
I `�o
J
I
D
3 •
ORA
i.- 2 ir <
�i s110
•
4144,41:14. \`‘,1 Ilk ii
-fr ....k a MI& i
151 10% i
Ifii 17.0.0 4r\s,ccIs3,,t, ,
11111111
Al
111111 o. �,+qty
4.
444 11= ;Li j. c..C:0:1,-•
I0 17
i. Q
llamilliirt IP ...,..,,„ '''un-isz
LL
NII 1jii/glll
"Or
C1:3
MJS OL LON _C (^^ .,........,
W CO
0)
CO 0
> o
WO i i 0 r
0 g ao gg aN
J o € tQ CL
EI a..I 1 6z 'a'S 'tl\
" :,,,,,?,,, ot
rll-
AC
a b
CD ID U
.` D
y 44, ,, 0
J'
Z LS6 'a'D �
111/AD
-
W � ils'' +ss 'as
- �
0
L-1
z--- illillimiliolime—linr -- 4,-pe) ,
f e
1 6.A.1 4.b
"--%\
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS 5
0
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this L day of akivr,2006 between DiVosta Homes,LP,hereinafter
referred to as"Developer",and the Board of County Commissioners of Collier County,Florida,hereinafter
referred to as the"Board".
RECITALS:
>
A. The Developer has,simultaneously,with the delivery of this Agreement,applied for the approval by "11)
the Board of a certain plat of a subdivision to be known as Ave Maria Unit 4—Hampton Village
o-
Phase 1 (A.k.a. Hampton Village at Ave Maria Phase One).
a
B. Chapter 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 subdivision a)
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the '7<
required improvements. a)
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth,the Developer and the Board do hereby covenant arid agree as follows:
C)
1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary
sewer system, irrigation and street lighting improvements within eighteen (18)months from the =s)
date of approval said subdivision plat, said improvements hereinafter referred to as the required
improvements. asc
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of$2,782,448.54, which represents
10% of the total contract cost to complete construction plus 100% of the probable cost to
complete the required paving and drainage, irrigation and street lighting improvements at the
date of this Agreement. The developer has also provided a letter of credit as security to Ave
Maria Utility Company, LLLP (AMUC) for the potable water system and sanitary sewer
system improvements.
7,5
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 a)
improvements. "C)
4. The required improvements shall not be considered complete until a statement of substantial
completion by the Developers 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.
Packet Pg. 559
9,20,2006.15%12 yr LuorriN
cm43
C37136-801-006 ESE3).4-29973
16.A.14.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 a�
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 Director'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 Collier
County Land Development Code as reflected by final approvala
by the Board, the Board shall s
release the remaining 10% of the subdivision performance security. The Developers'
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six months after the execution of this Agreement and once within every six 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 c
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. a)
8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement,
upon certification of such failure,
Po the County Administrator 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, -a
the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be Iiable 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.
U
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the a�
Developer and the respective successors and assigns of the Developer.
C6
r.+
•,N.2 /59532 ver on.uuczTOk Packet Pg. 560
C.13
33755.901-0W-MU-20873
16.A.14.b
P"Sk
a)
cs)
cis
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this if day of Octeivr ,2006.
E
SIGNED DiVosta Homes,LP
IN THE PRESENCE OF:
By: /Z-V
Witness gL,sa
64- ,,„_
srt)
'1/1*; 6LALLr
CT
Printed or typed name
0
Witness
4r.
---- 0.)
C•1
Printed or typed name
a)
A I-1 EST:
DWI - E.BRIt CI( CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY Nt A
By i,Ujt $ Lmow—
itt5S tj.-3 i; 7%4 By:
a
liga#tirt 0E41
Frank Halas,Chairman
0
(.)
Appr e. as to form and Legal Sufficiency: -(;)
lank0
Jeff E eh'
Assista County Attorney
Packet Pg. 561
416.1006 15, 22 Ver 6,,:MARTIN
coo.*
03786-801.000-ESBM-2973
16.A.14.b
PERFORMANCE BOND Bond No. 8840968
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation
as
9148 Bonita Beach Drive Suite 102
Bonita Springs, FL 34135 c
c.
(hereinafter referred to as"Owner") and
Fidelity and Deposit Company of Maryland
1400 American Lane
Schaumburg, IL 60195
847-605-6000
(hereinafter referred to as "Surety")
y
Suret ) are held and firmly bound unto Collier County, Florida, (hereinafte
referred to as "County") in the total aggregate sum of two million seven hundred eighty two thousand 'u�
four hundred forty eight and 54/100 Dollars ($2,782,448.54) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor: w
administrators, successors and assigns,jointly and severally, firmly by these presents. Owner and Suret o)
are used for singular or plural, as the context requires.
Nom\
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Hampton Village and that certain subdivision
shall include specific improvements which are required by Collier County Ordinances and Resolutions a,
(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 c
Commissioners of the specific improvements described in the Land Development Regulationsco
(hereinafter the"Guaranty Period"). .,
NOW, THEREFORE, if the Owner shall well, trulyand faithfully -0
perform its obligations and duties in -a
accordance with the Land Development Regulations during the guaranty period established by the County, and c
the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the Count o
from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall7.1
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, a
{ 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 thero osed specific improvements.
P P F p mems.
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 ful
Packet Pg.562
16.A.14.b
08840968
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 alteratic
addition or modification of any character whatsoever.
N WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this FG)
19th day of June. 2006 .
o_
WITNESSES: Pulte Home Corporation
v„.•
By: 1, '
cr
Printed Name Printed Name/Title Calvin R. Boyd,Director of Treasury Operations 0
a)
(Provide Proper Evidence of Authority) Lu
••
a)
(NI
Printed NameC
C•1
CD
ACKNOWLEDGEMENT
STATE OF Michigan
COUNTY OF Oakland
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY
OF June ,20 06 , BY Calvin R. Boyd AS Director of Treasury Operations OF Pulte Home Corporation
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public- State of Michigan
(SEAL)
0
(1' r iFVE c.)
ARI
Colleen F. Currie,Notary YMO.STATE OF Mi
*cf="
CO;;P-ITY OF OAKLAND
1.,.-Y,FiDES Apr14,412
ir11NG ti THF ocurTYQF
Packet Pg. 563
16.A.14.b
08840968
Fidelity and Deposit Company of Maryland
WITNESSES: (Surety Name and Title if Corporation)
7:17
t.1.71) 'It42 By: /1147 "'1214/1
'IL CtS
Tracy Pisciotto Stephen T. Kaz r
FL Lic. No. A137801
Attorney-in-Fact
a)
Printed Name Printed Name/Title
(Provide Proper Proper Evidence of Authority) a)
c
a)
ce)
Printed Name
ACKNOWLEDGMENT
a))
STATE OF ILLINOIS
6")
COUNTY OF DU PAGE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th
cc
DAY OF JUNE , 20 06 , BY (NAME OF ACKNOWLEDGER)AS (TITLE) OF(NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Power of At torneyAS .c
IDENTIFICATION.
Notary Public - State of 11 s
"OFFICIAL SEAL"
(SEAL) BONNIE J. KRUSE
/ Notary Public,State of Illinois
Printed Name Bonnie J Kruse My Commission Expires 11/29/08
a) I
c.)
Packet Pg. 564
1 6.A.1 4.b
. ,
..--...
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
,....
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.and the 71,
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S -yorlOaryland, by (7
THEODORE G. MARTINEZ,Vice President,and GERALD F. HALEY, Assists •cireiiti'ssi 4;tisuance of authority —
granted by Article VI,Section 2,of the By-Laws of said Companies, wia.ia. jo o•n the\ '--tr? side hereof and are 5
c
hereby certified to be in full force and effect on the date her „-• .....6 giWriOirrinate,,coo*if. : .'.4 .ppoint Peggy FAUST, 2,
Kelly A.JACOBS.Stephen T. KAZMER.Bo s -a' ifilleati lie JaNirlWii *iine MARCUS,James I. a
t....
MOORE,Dawn MORGAN,Melissa t't by.,-. ' ene.V. 1 kinont.Illinois, EACH its true and lawful txt
1,2il
, ,.., ,,_....,
agent and Attomey-in-Fac • rig:41',i.--rt.\-\' '-;1\s•- a.1 • ". . : - '\..., a on its behalf as surety,and as its act and deed: any Tr
and all bonds and nscq: ';'ugs-kne • :x.. .., r!4 •onds or undertakings in pursuance of these presents.shall be as ca
r.•
binding upon said • . 'e a- •111 • 1 t—r.0 :, ,to all intents and purposes,as if they had been duly executed and cis
acknowledged by th ' le -• officers of the Company at its office in Baltimore,Md., in their own proper persons.
(i)
This power of attorney-fel.° es that issued on behalf of Peggy FAUST,Kelly A.JACOBS, Stephen T. KAZMER,Bonnie >
KRUSE,Jennifer J. MCCOMB,Elaine MARCUS,James I.MOORE,Dawn MORGAN,Mary Beth PE JERSON,dated <
March 6,2003. Vi
cu
m
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, ts
Section 2,of the By-Laves of said Companies,and is now in force. re
N WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and 5
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL .7?
AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of April,A.D.2006.
x
w
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND cn"
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
...--,
A.a64.... CNi
„,ty 0 i Pok, 01%03444.
". 111,
SEALS E
..., 4,. ),;,” -"1. _I/ `' _---... ,•, ,A /..---•"":"-. °.'
...,,,..
By: /
sta
Gerald F. Haley .4ssistant Secretary Theodore G.Martinez c.)
c
co
State of Maryland c
City of Baltimore }
a)
E
On this 24th day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly E
commissioned and qualified, came THEODORE G. MARTINEZ, 'Vice President, and GERALD F. HALEY, Assistant 72
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who g
executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals E
affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said o
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above g
E
written. ,--
C.)
‘0,111.44, CO
' N`!- ..':'''.
,..)Y
—S. '''''.,;f,,l:,‘'
..—
Constance A.Dunn Notaty Public
My Commission Expires: July 14,2007
Packet Pg. 565
POA-F 036-0013A
16.A.14.b
Ave Maria
Hampton Village Phase One
Opinion Of Probable Cost
a)
a)
ca
Drainage $ 898,652
Paving $ 1,179,436 a
E
Lighting $ 129,743 =
Earthwork $ 24,323 'R
ca
Irrigation (Code Minimum) $ 182,345 a)
Landscaping (Code Minimum) $ 92,000 aa)
rs
Signing and Marking $ 23,000
Total Probable Cost $ 2,529,499
110% Bond Amount $ 2,782,448.54 w
rn
OPC Assumptions:
1.) For paving estimates,8"timerock base extends to B.O.C.
2.) For paving estimates, 12"stabilized subgrade extends to 1'past B.O.C. m
4.) This OPC is for the purposes of calculating FSP fees only.
m
5.) Ciearing,excavation and embankment are excluded from this OPC,
as those costs were previously covered under the Development Excavation Permit ts)
and Vegetation Removal and Site Filling Permit SDP#1 (AR#6113). Q
6.) Lake excavation and rough filling costs are not included in this OPC,as
this portion of development was previously completed in SDP#1 (AR#6113).
m
CC
David J.Hurst,P.E. �
FL Registration#60727
WilsonMiller,Inc-FL Lic.#LC-0000170
WitsonMitler,Inc.-Certificate 01 Authorization#43 O
U
F-
a)
E
v
ca
a.: 'S£#'.gym..—�esnsF
Packet Pg. 566