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Agenda 05/24/2022 Item #16A 3 (Extension of subdivision improvements at Caminetto at Mediterra)
05/24/2022 EXECUTIVE SUMMARY Recommendation to approve an extension for completion of required subdivision improvements associated with Caminetto at Mediterra (PL20150000988) 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 Caminetto at Mediterra subdivision. CONSIDERATIONS: On March 22, 2016, the Board of County Commissioners ("Board") approved the final plat of Caminetto at Mediterra 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 plat has been recorded and the required subdivision improvements are substantially complete. On April 5, 2019, the Development Review Division granted conditional final acceptance of the subdivision improvements. There is a Construction and Maintenance Agreement for Subdivision Improvements and a Performance Bond in place as a development guarantee. The remaining improvements consist of the final lift of asphalt and sidewalks. Due to delays from construction activities and supplies, as well as the COVID-19 pandemic, the property owner has requested that the Board approve an extension of the plat impr ovements final acceptance deadline from March 22, 2022, to November 22, 2023. Therefore, the improvements must receive final acceptance prior to November 22, 2023, if the Board approves this extension. The LDC allows for two, 2 - year extensions after the original 36-month period. As such, the final acceptance deadline expired on March 22, 2022. Since this proposed extension is beyond what is allowed by the LDC, approval by the Board is required. 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 Caminetto at Mediterra (PL20150000988) until November 22, 2023, subject to the recommendations of the March 22, 2016, approval. Prepared by: Lucia S. Martin, Development Review Division, Growth Management Department ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.3 Packet Pg. 203 05/24/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 21884 Item Summary: Recommendation to approve an extension for completion of required subdivision improvements associated with Caminetto at Mediterra (PL20150000988) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). Meeting Date: 05/24/2022 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/06/2022 11:02 AM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 04/06/2022 11:02 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 04/06/2022 11:07 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/06/2022 3:23 PM Growth Management Department Diane Lynch Growth Management Department Completed 04/07/2022 2:12 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/14/2022 7:52 AM Growth Management Department Jaime Cook Additional Reviewer Completed 05/04/2022 8:43 AM Growth Management Department Trinity Scott Transportation Skipped 04/10/2022 8:16 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/05/2022 1:09 PM Growth Management Department James C French Growth Management Completed 05/05/2022 1:38 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/05/2022 1:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/05/2022 3:00 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/10/2022 2:07 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/18/2022 3:49 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM 16.A.3 Packet Pg. 204 CAMINETTO AT MEDITERRA LOCATION MAP 16.A.3.a Packet Pg. 205 Attachment: Location Map (21884 : Subdivision Extension - Caminetto at Mediterra) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this l,-1 1''1 day of August / ____ / _____ , 20 16 between LB Mediterra. LLc hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as t'1e "Board. RECITALS: A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by theBoard of certain plat of a subdivision to be known as: Carninetto al Mediterra 8.Chapter 4 and 10 of the Collier County Land Development Code required 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: potable water, sanitary sewer, storm drainage, paving, grading, landscape and irrigation within 12 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$ 496,796.91 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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 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 ful1ill 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 Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his des1gnee 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 Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subd1v1sion 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. 16.A.3.b Packet Pg. 206 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) 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 perfor1J7anc� 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 des1gne e. 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 pnncipal 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 and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 2,4-f'l/day of August / ____ / ____ , 20_16 __. DWIGHT E �ROCK Clt:RK Attest as:to_.Ch?Trman's By: s1gna ure oo . Deputy Clerk Approved as to form and legality: Scott A. Stone, Assistant County Attorney Stephen G. Wilson Printed Name/Title M (President, VP, or CEO) an ager (Provide Proper Evidence of Authority) 16.A.3.b Packet Pg. 207 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) IRREVOCABLE ST AND BY LETTER OF CREDIT NO. 790020 l ISSUER: First Florida Integrity Bank, 3560 Kraft Road, Naples, FL 34105 239-325-3 732 (hereinafter "Issuer") PLACE OF EXPIRY: At Issuer's counters DA TE OF EXPIRY: This credit shall be valid until August 02, 2017, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: LB Mediterra LLC (hereinafter "Applicant") 2210 Vanderbilt Beach Road, Ste 1300, Naples, FL 34109 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: $496,769.91 (U.S.) up to an aggregate thereof CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT ORA WN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S ST A TEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "LB Mediterra LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Caminetto at Mediterra or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) ORA WN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First Florida Integrity Bank Credit No. 7900201, dated August 02, 2016." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Drafts(s) may be presented within the State of Florida at the following address 3560 Kraft Road, Naples, FL 34105. Poet Office Box 10910, Naples, FL 34101 (239)348-8000 Office (239) 213-3342 Fax © 2014 First Florida Integrity Bank, Member FDIC, Equal Housinq Lender, All Riqhts Reserved. 16.A.3.b Packet Pg. 208 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) 16.A.3.b Packet Pg. 209 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) May 4,2017 Gro\,vth Management Department Development Review Division First Integrity Bank 3560Ikaft Road Naples, FL. 34105 RE: Irrevocable Standby Letter of Credit No. 7900201 ILB Mediterra, LLC Caminetto at Mediterra PL20 1 50000988 Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Letter of Credit may now be reduced by $427,747.87,\eaving an available surety of 569,022.04. The remaining surety represents $23,858.68 in uncompleted improvements, plus the 10% maintenance security of $45, 1 63.36. An original Amendment should be submitted to this office reducing the value of the security, all other terms and conditions of the original Letter of Credit to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, loHN HOUTDSWORTH John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Mark Sunyak, PE, RWA,Inc Dwelopnrt Review DMstun. 2800 Norh Hcse$e Dive . Ibrts, HuiJa 34104 . 239252-2400 . mlr.colirgovnd 16.A.3.b Packet Pg. 210 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) First Florida Integrity Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. 79OO2OI AMENDMENT NO. I ISSUER: First Florida Integrity Bank, 3560 Kraft Road, Naples, FL 34105 239-325-3732 (hereinafter "lssuer") PLACE OF EXPIRY: At Issuer's counters DATE OF EXPIRY: This credit shall be valid until August 02,2017, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: LB Mediterra LLC (hereinafter "Applicant") 2270 Vanderbilt Beach Road, Ste 1300, Naples, FL 34109 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104. AMOUNT: Original amount of $496,769.91 (U.S.) up to an aggregate thereof, is now being amended to $69,022.04 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: ISSUET BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY,S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "LB Mediterra LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Caminetto at Meditelra or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory altemative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: ..DTawn under First Florida Integrity Bank Credit No. 7900201, dated August 02,2016." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Drafts(s) may be presented within the State of Florida at the following address 3560 Kraft Road, Naples, FL 34105. O 2014 First Florida lntegrlty Srnlq Membcr FDIC, '- Equal Housing Lender, All Rights Reserved. Post Office Box 10910, Naples, fL 34101 (239) 348-8000 Office (239) 2r3-3342 Fax 16.A.3.b Packet Pg. 211 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. First Florida William Senior Vice President 16.A.3.b Packet Pg. 212 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) cdff"rc-ouuty+ Growth Management Department Development Review Division Re April 5, 2019 First lntegrity Bank 3560 Kraft Road Naples, FL 34105 Caminetto at Mediterra PL20150000988 lrrevocable Standby Letter of Credit No. 7900201 / LB Mediterra, LLC To Whom lt May Concern: Please be advised that based on the work completed and inspected to date, the subject Letter of Credit may now be reduced by $21 ,721.52. According to our records, this will leave $41 ,300.52 as the remaining security, which represents 150% of the remaining site infrastructure to be completed. An original amendment reducing the value of the Letter of Credit should be directed to this office, "all other terms and conditions of the original Letter of Credit to remain in full force and effect". Should you have any questions, please feel free to contact me at (239) 252-2279. Sincerely, y'acat S, Tbdbc Lucia S. Martin, Technician Development Review Division Growth Management Department cc: Mike Pappas, P.E., RWA, lnc GroMh l\,,lanagement Department. 2800 Norlh Horseshoe Drive . Naples, FL 34104 . 239-252-2400 16.A.3.b Packet Pg. 213 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) IRREVOCABLE STANDBY LETTER OF CREDIT NO. 79OO2O1 AMENDMENT NO. 2 PLACE OF EXPIRY: At Issuer's counters DATE OF EXPIRY: This credit shall be valid until August 02,2019, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the lssuer elects not to so renew this Credit. APPLICANT: LB Meditena LLC (hereinafter "Applicant") 2210 Vanderbilt Beach Road, Ste 1300, Naples, FL 34109 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive. Naples. Florida 341 04. AMOUNT: Original amount of $496,769.91 (U.S.) up to an aggregate thereof, was amended to $69,022.04 and is now being amended to $41,300.52 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: IssueT BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DRAFT(S) DRAWN LINDER THIS LETTER OF CREDIT MUST BE MARKED: ..DTawn under First Florida Integrity Bank credit No. 7900201 , dated August 02, 2016." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Drafts(s) may be presented within the State ofFlorida at the following address 3560 Kraft Road, Naples, FL 34105. O 2014 Fi6t Florida Integrity Bank, l.tember FDIC, ' ., ' First Florida Integrity Bank ISSUER: First Florida Integrity Bank, 3560 Kraft Road, Naples, FL 34105 239-325-3732 (hereinafter "lssuer") DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COLINTY MANAGER OR DESIGNEE, CERTIFYING THAT: "LB Meditena LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Caminetto at Mediterra or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory altemative performance security has not been provided to and formally accepted by the Beneficiary." Po$ OIfice Box 109!0, Naples, FL 34101 (239) 348-8000 Office (239) 2r3-3342 Far Equal Housing Lender, AllRights Reserved. 16.A.3.b Packet Pg. 214 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra) This Letter ofCredit sets forth in full the terms ofthe Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instmment, or agreement referenced to herein or in which this Letter ofCredit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer ifpresented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) Intemational Chamber of Commerce Publication No. 600. First Florida Integri William G l, Senior Vice President 16.A.3.b Packet Pg. 215 Attachment: Bond Basis (21884 : Subdivision Extension - Caminetto at Mediterra)