Agenda 05/08/2012 Item #16A55/8/2012 Item 16.A.5.
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of subdivision improvements
associated with the Manchester Square subdivision pursuant to Section 10.02.05 B.11 of
the Collier County Land Development Code.
OBJECTIVE:
To approve an extension for the completion of subdivision improvements associated with the
Manchester Square subdivision.
CONSIDERATIONS:
On April 25, 2006, the Board of County Commissioners approved the final plat of Manchester
Square for recording. A copy of the original Executive Summary is attached. The Land
Development Code requires that upon approval by the Board of County Commissioners a
plat must be recorded within 18 months and the associated subdivision improvements must
be completed within 36 months unless an extension is formally requested and granted by the
Land Development Services Department. A previous extension was granted and expired on
March 28, 2012.
The Plat has been recorded, the improvements have received preliminary acceptance and
there is a performance security in place. On April 11, 2011, the Land Development Services
Department granted preliminary acceptance of the required subdivision improvements.
Had the developer requested an extension prior to March 28, 2012, the approval would have
been perfunctory.
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: $150.00 Extension Fee
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved this Executive Summary for legal
sufficiency. This item requires a majority vote. This item is ready for Board consideration and
approval. STW
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5/8/2012 Item 16.A.5.
RECOMMENDATION:
To approve the extension application subject to the recommendations of the Executive
Summary of April 25, 2006.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development
Services /Engineering Review, Growth Management Division, Planning and Regulation
Attachments: 1) Location Map 2) Performance Security 3) Executive Summary from April 25,
2006, Agenda Item 16 -A4
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5/8/2012 Item 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an extension for completion of subdivision improvements
associated with the Manchester Square subdivision pursuant to Section 10.02.05 13.11 of the
Collier County Land Development Code.
Meeting Date: 5/8/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
4/12/2012 2:58:53 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/13/2012 8:37:41 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 4/13/2.012 10:06:35 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 4/13/2012 10:24:03 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2012 2:07:58 PM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 4/26/2012 9:00:14 AM
Name: KlatzkowJeff
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Title: County Attorney
Date: 4/27/2012 9:40:55 AM
Name: IsacksonMark
5/8/2012 Item 16.A.5.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/30/2012 11:50:00 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/30/2012 11:56:42 AM
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5/8/2012 Item 16.A.5.
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS at Manchester Square (on -site)
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this Z g r" day of %e P1. 920 6t,_ between
WCI Communities, Inc. 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 a certain plat of a subdivision to be known as:
N6An1 LAL1tx L- %t . S a u A-%L9
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 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: 44XxoAY, �QAtiwAt� wATUSZ $, SE.tz-tv2.
within 24 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 $1 ,315,789.20 which
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 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 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
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5/8/2012 Item 16.A.5.
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
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.
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 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 an shall be binding
upon the Developer and the respective successors and assigns of the Developer.
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5/8/2012 Item 16.A.5.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to I`
be executed by their duly authorized representatives this L ¢ rx day of Sep i ,
2066
TABLE INSET:
SIGNED IN THE PRESENCE OF:
(Name of Entity)
Printed name ,j
Na4e, Vice President
Printed name
WCI Communities, Inc.
ATTEST:
DWIGHT E BROCI�, CLERK
BOARD OF COUNTY COMMISSIONERS
z
OF COLLIER CO , LORIDA
Q.0
By:
Depi jqUlq Ma Iran s
Chairman F"NK 14/4LAS�
Approved as to form and legal sufficiency:
-BY:
IJeff E. ig t, ssistant County Attorney
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h
5/8/2012 Item 16.A.5.
PERFORMANCE BOND
Bond No. 1016835
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI Communities, Inc. EXHIBIT
24301 Walden Center Drive
Bonita Springs, FL 34134
(hereinafter referred to as "Owner ") and WOMMMEN
Lexon Insurance Company
1919 S. Highland Ave., Bldg -A, Ste. 300
Lombard, IL 60148
(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 One Million Three Hundred
Fifteen Thousand Seven Hundred Eighty Nine Dollars and Twenty Cents ($1,315,789.20) 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 will complete the
requirements of development order permit no. 2005100047 for the project "Manchester Square"
pursuant to Collier County Ordinance No. 91 -102, as amended (hereinafter referred to as "Land
Development Regulations "). This obligation of Surety shall commence on March 1, 2006, and
shall continue until released in writing by the Development Services Director pursuant to the
Land Development Regulation, ( "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 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.
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5/8/2012 Item 16.A.5
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this 23rd day of February, 2006.
WITNESSES:
PrintedYame
Printed Name
WITNESSES: ,
`-
Heather A. Beck
Printed Name
Melissa Schmidt
Printed Name
(Owner's witness and signature block)
WCI Communities, Inc.
1/r. e� �2 � s���•vT
Printed Name to include Title
(Surety's witness and signature block)
Lexon Insurance Company
By:(,�
Dawn L. Morgan. Attorney -in -Fact
Florida License # P011322
Printed Name to include Title
(Separate notary and acknowledgment for Owner and Surety required)
STATE OF jL 0 /L1 b q
COUNTY OF L �Ee
�`��� ••TE "�
W
The foregoing PERFORMANCE BOND was acknowledged before me this z V4 day of
t1 LI2 S% , 2012, by Al c S i as
Ul&e De�T' of WCI Communities, Inc. o is personally known _tome_- or has
produced ) /A- as identi ica ion.
V -I^--
NOTARY BLIC - STATE OF /L6141 (-,Vg
a,
PRINTED NAME
STATE OF 144irtais
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5/8/2012 Item 16.A.5.
COUNTY OF DuPag?
The foregoing PERFORMANCE BOND was acknowledged before me this 23rd day of
Eghrualy, 2006, by Dawn L. Morgan as Attorney -in -Fact of Lexon Insurance Company who is
personally known to me, or has produced Drivers License as identification.
NOTARY PU LIC — STATE OF Illinois
Melissa Schmidt
PRINTED NAME
OFFICIAL SEAL
MELISSA SCHMIDT
NOTARY PUBLIC . STATE OF ILLINOIS
MY COMMISSION EXPIRES:06123 /08
Packet Page -320-
(SEAL)
5/8/2012 Item 16.A.5.
.r. _
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Manchester Square ",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
OBJECTIVE:
To approve for recording the final plat of "Manchester Square ", a subdivision of lands located in
Section 12, Township 49 South, Range 25 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99 -199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Manchester Square ". These documents are in compliance with
the County Land Development Code and Florida State Statute No. 177. All fees have been
paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of
the cost of any remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering
Services Director and the County Attorney's office prior to the recording of the final plat. This
would be in conformance with the County Land Development Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Manchester Square" be
approved for recording.
FISCAL IMPACT:
The project cost is $1,417,476.45 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $603,561.78
b) Drainage,
Paving, Grading - $813,914.67
The Security amount, equal to 110% of the
project cost, is $1,559,224.10
The County will realize revenues as follows:
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $43,709.30
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5/8/2012 Item 16.A.5.
Fees are based on a construction estimate of $1,417,476.45 and were paTdi; 2 of 4
October, 2005.
The breakdown is as follows:
a)
Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,185.00
b)
Construction Drawing Review Fee
Water &
Sewer (.75% const. est.)
-$4,526.72
C)
Drainage,
Paving, Grading (.75% const. est.)
-$6,104.36
d)
Construction Inspection Fee
Water &
Sewer (2.25% const. est.)
- $13,580.14
e)
Drainage, Paving,
Grading(2.25 %const.est.)
- $18,313.08
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Manchester Square" for
recording with the following stipulations:
1. Approve the amount of $1,559,224.10 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Packet Page -322-
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° Page '4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A4
Item Summary: Recommendation to approve for recording the final plat of Manchester Square, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
Meeting Date: 412512006 9:00:00 AM
Prepared By
John Houldsw orth
Senior Engineer
Date
Community Development &
Engineering Services
4/312006 9:22:03 AM
Environmental Services
Approved By
Thomas E. Kuck, P.E.
ODES Engineering Services Director
Date
Community Development &
ODES Engineering Services
4/312006 9:29 AM
Environmental Services
Approved By
Constance A. Johnson
Operations Analyst
Date
Community Development &
Community Development &
413/2006 11:00 AM
Environmental Services
Environmental Services Admin.
Approved By
Community Development &
Date
Joseph K. Schmitt
Environmental Services Adminstrator
Community Development &
Community Development &
4(662006 8:37 AM
Environmental Services
Environmental Services Admin.
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
office of Management & Budget
4610/2006 10 :49 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 41/2/2006 1:54 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County 461312006 12 :27 PM
County Manager's Office
Commissioners
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