Agenda 01/11/2022 Item #16A11 (Extension for completion for subdivision improvements - Esplanade Golf and Country Club of Naples Blocks E and G2)01/11/2022
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of required subdivision improvements
associated with Esplanade Golf and Country Club of Naples Blocks E and G2 (PL20140002187)
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 Esplanade Golf and Country Club of Naples Blocks E and G2 subdivision.
CONSIDERATIONS: On December 9, 2014, the Board of County Commissioners ("Board") approved
the final plat of Esplanade Golf and Country Club of Naples Blocks E and G2 for recording. The LDC
requires that upon approval by the Board of County Commissioners a plat must be recorded within 18
months and the associated subdivision improvements must receive final acceptance within 36 months
unless an extension is formally requested and granted by the Growth Management Department. The LDC
allows for two, 2-year extensions after the original 36-month period. As such, the required improvements
final acceptance deadline expired on December 9, 2021. Since this proposed extension is beyond what is
allowed by the LDC, approval by the Board is required. The plat has been recorded and the required
subdivision improvements are substantially complete. On April 16, 2015, the Development Review
Division granted preliminary acceptance of the subdivision improvements. There is a Constructi on and
Maintenance Agreement for Subdivision Improvements and a Performance Bond 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 December 9, 2021 to December 9, 2023; staff supports the
two year extension because construction was delayed due to COVID-19 and the shortage of labor and
construction materials. The applicant requested the additional two years to complete the last phases of
construction, including the final lift of asphalt. Once the final lift of asphalt has been completed, the
applicant will submit the final acceptance documents required per the permit. Therefore, the
improvements must receive final acceptance prior to December 9, 2023 if the Board approves this
extension.
The property owner has paid all 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: $150.00 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. - DDP
RECOMMENDATION: To approve an extension for completion of the required subdivision
improvements associated with the Esplanade Golf and Country Club of Naples Blocks E and G2
(PL20140002187) until December 9, 2023, subject to the recommendations of the November 12, 2013
approval.
Prepared by: Lucia S. Martin, Development Review Division, Growth Management Department
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01/11/2022
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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01/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 20724
Item Summary: Recommendation to approve an extension for completion of required subdivision
improvements associated with Esplanade Golf and Country Club of Naples Blocks E and G2
(PL20140002187) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development
Code (LDC).
Meeting Date: 01/11/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/30/2021 2:02 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
11/30/2021 2:02 PM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/02/2021 8:10 AM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/03/2021 12:27 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/03/2021 10:15 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/07/2021 8:51 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 12/21/2021 4:25 PM
Growth Management Department Trinity Scott Transportation Skipped 12/02/2021 11:51 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/22/2021 9:55 AM
Growth Management Department James C French Growth Management Completed 12/22/2021 6:24 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/23/2021 8:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2021 9:27 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/23/2021 12:44 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/30/2021 10:06 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/11/2022 9:00 AM
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ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES – BLOCKS E AND G2
LOCATION MAP
16.A.11.a
Packet Pg. 248 Attachment: Location Map (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 21st day of November , 2014 between Taylor Morrison Esplanade Naples,
LLC, 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 certain plat of a subdivision to be known as: Esplanade Golf and Country
Club of Naples Parcels E and G2.
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:Roadway. drainage. water & sewer improvements
within 12 months from the date of approval of 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 $ 807,511.46 -which
amount represents 10% of the total contract cost to complete the construction plus 100%
of the estimated cost 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 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 such 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.
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16.A.11.b
Packet Pg. 249 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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 con ditions 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 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 Manag er 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 st ill 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
mai ntenan ce of the required improvements shall continue unless or until the Board accepts
ma inte nance 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 accompan ied 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 satisfactor y completion, repair and mainten ance
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 of
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, engin e ering, legal and contingent costs, together with any damages,
either direct or con sequential, which the Board may sustain on account of the failure of the
Develop er 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.
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16.A.11.b
Packet Pg. 250 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
IN WITNESS WHEREOF, the Board and the Devel oper have caused this Agreement to be
executed by their duly authorized representatives this zc,+-day of/\�� , 2014.
' (Name of Entity)
• SIGNED IN THE PRESENCE OF Taylor Morrison Esplanade Naples, LLC
By: ��
Printed Name: C,andtiu Wll?!Lwor&[ Printed N�/Title: John Asher, Authorized Agent
: Printed Name: /'1, · C"'- $ . .3 ... c.. \<. s • f1
ATTEST: ___________ _
! ' ; ' •DWIGHT E. BROCI<, CLER!<
�,.,.
·--� .. BY: -� .
Deputy ·qerk Attest. sign:��r
' . , ,
:
Approved
.
as t
.
o nm :nd legality
; �>-('� --
Scott A Stone. Assistant County Attorney
(Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLO IDA
,,
TOM HENNING, C airman
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16.A.11.b
Packet Pg. 251 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
PERFORMANCE BOND NO. SU1130608
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison Esplanade Naples. LLC
551 North Cattlemen Road, Suite 200
Sarasota, Florida 34232
(hereinafter referred to as "Owner") and
Arch Insurance Company
1125 Sanctuary Pkwy., Ste. 200
Alpharetta, GA 30009
(404)682-3899
(NAME OF OWNER)
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY)
(TELEPHONE NUMBER OF SURETY)
(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 Eight Hundred Seven Thousand
Five Hundred Eleven and 45/100 dollars ($807,511.45) 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 a certain subdivision plat named Esplanade Golf and Country Club of
Naples, Blocks "E" and "G2" 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 completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty Period")
or until replaced by a new bond in the event of a change of Ownership.
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.
16.A.11.b
Packet Pg. 252 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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Packet Pg. 253 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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Packet Pg. 254 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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Packet Pg. 255 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
June 10, 2015
Arch Insurance Company
1125 Sanctuary Parkway, Ste. 200
Alpharetta, GA. 30009
RE: Performance Bond No. SU1130608 / Taylor Morrison
Esplanade Golf & Country Club Phase 2 (Parcels E and G2)
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $734,101.32, leaving an available surety of
$73,410.13. The remaining surety represents the 10% maintenance security.
An original Bond Rider should be submitted to this office reducing the value of the security, all
other terms and conditions of the original Performance Bond to remain in full force and effect”.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
John Houldsworth
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jeremy Arnold, PE, Waldrop Engineering
John Asher, Taylor Morrison
16.A.11.b
Packet Pg. 256 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
Decrease PENALTY RIDER
BOND AMOUNT $807,511.45 BOND NO. SU1130608
To be attached and form a part of Bond No. SU1130608 dated the 1st day of December, 2014,
executed by Arch Insurance Company as surety, on behalf of Taylor Morrison Esplanade Naples,
LLC as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the
amount of Eight Hundred Seven Thousand Five Hundred Eleven Dollars and 45/100 ($807,511.45).
In consideration of the agreed premium charged for this bond, it is understood and agreed that
Arch Insurance Company hereby consents that effective from the 10th day of June, 2015, said
bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Eight Hundred Seven Thousand Five Hundred Eleven Dollars and 45/100 ($807,511.45)
TO: Seventy Three Thousand Four Hundred Ten Dollars and 13/100 ($73,410.13)
The Decrease of said bond penalty shall be effective as of the 10th day of June, 2015, 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 liability 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 10th day of June, 2015.
Taylor Morrison Esplanade Naples, LLC
BY: _ __,��--�-()L-----c--------PR_IN_C_IP_A_L
(//k1fl()�1"lE.A A-GEJJT
Arch Insurance Company � SURETY
RY , �a-;.,�::;:,,HTORNEY-IN ->'ACI
C/0 WILLIS OF FLORIDA 4211 W. BOY SCOUT BLVD, #1000 TAMPA, FL 33607 INQUIRIES: (813)281-2095
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Packet Pg. 257 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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Packet Pg. 258 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)
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Packet Pg. 259 Attachment: Bond Basis (20724 : Subdivision Extension - Esplanade Golf and Country Club of Naples Blocks E and G2)