Agenda 07/12/2022 Item #16A 9 (Extension for completion of required subdivision improvements w/Windward Isle)07/12/2022
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of required subdivision improvements
associated with Windward Isle (PL20140000741) 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 Windward Isle subdivision.
CONSIDERATIONS: On February 10, 2015, the Board of County Commissioners (Board) approved
the final plat of Windward Isle 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 (Plat Book 58, Pages
35-36), and the required subdivision improvements are substantially complete. On February 26, 2016, the
Development Review Division granted preliminary acceptance of the subdivision improvements. There
is a Construction and Maintenance Agreement for Subdivision Improvements and a Perfon-nance 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 February 10, 2022 to February 10, 2024 to
complete the final infrastructure, including final life of pavement and sidewalks. Should the Board
approve this extension request, the improvements must receive final acceptance prior to February 10,
2024, or additional extensions must be requested and approved. The LDC allows for two, 2-year
extensions after the original 36-month period. As such, the required improvements final acceptance
deadline expired on February 10, 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 Windward Isle (PL20140000741) until February 10, 2024, subject to
the recommendations of the February 10, 2015 approval.
Prepared by: Lucia S. Martin, Development Review Division, Growth Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
I Packet Pg. 663
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doe ID: 22465
Item Summary: Recommendation to approve an extension for completion of required subdivision
improvements associated with Windward Isle (PL20140000741) subdivision pursuant to Section 10.02.05
C.2 of the Collier County Land Development Code (LDC).
Meeting Date: 07/12/2022
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
06/06/2022 9:47 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
06/06/2022 9:47 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Development Review
Brett Rosenblum
Growth Management Department
Diane Lynch
Growth Management Department
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Jaime Cook
Additional Reviewer
Growth Management Department
Trinity Scott
Transportation
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Growth Management Department
James C French
Growth Management
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Managers Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Additional Reviewer
Completed
Completed
06/06/2022 5:42 PM
Completed
06/13/2022 3:23 PM
Completed
06/13/2022 3:40 PM
Skipped
06/07/2022 11:23 AM
Completed
06/20/2022 11:03 AM
Completed
06/21/2022 1:41 PM
Completed
06/21/2022 2:03 PM
Completed
06/21/2022 3:40 PM
Completed
06/24/2022 1:48 PM
Completed
07/05/2022 9:48 AM
07/12/2022 9:00 AM
I Packet Pg. 664 1
WINDWARD ISLE
LOCATION MAP
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 10th day of March - / ---,20 15 between
000 A.10— POInq L t C hereinafter referred to as "Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board.
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RECITALS:
Developer has, simultaneously with the delivery of this Agreement,
Board of certain plat of a subdivision to be known as: Windward Is le
Chapter 4 and 10 of the Collier County Land Development Code
appropriate guarantees for the construction of the improvements
regulations, said guarantees to be incorporated in a bonded agree
required improvements.
applied for the approval by the
required the Developer to post
required by said subdivision
nent for the construction of the
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:
Developer will cause to be constructed: Roadway, drainage. water & sewer irnprovernents
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 $ 656.975.44 - - 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 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 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 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.
I Packet Pg. 666 1
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 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 10 day of March 2015
A
SIGNED IN THE PRESENCE OF:
(Nam o, Entit 69 Airport Pulling, LLC
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B
Printed Name
William Depietri
Printed Name/Title
(President, VP, or CEO)Manager
(Provide Proper Evidence of Authority)
Printed Name
ATTEST.""
DWIG�T E. AROC LERK
BOARD OF COUNTY COMMISSIONERS
OF COLLI!7T�Oy
By\-
Wy Clerk -.'Ll to �,Jldll mull 4
.Z��tORIDA
By:
TIM NANCE, CHAIRMAN
Approved as4f forry�QQ��kp W
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Assistant County Attorney
I Packet Pg. 667
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
6900 Airport Pulling, LLC
259 Turnpike Road Suite 100
Southborough, MA 01772
(Hereinafter referred to as "Owner") and
The Guarantee Company of North America
One Towne Sauare Suite 1470
Southfield, MI 48076
516-295-6081
BOND NO. 76111751
(Name of Owner)
(Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(Telephone Number)
(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 S,X H-01,0 P 0 1 y S,� I h-1-d Nire H—d— Se—ty h- & F,my F— C-1� Dollars
($ 656,975.44 ) 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 of a certain subdivision plat named windward isle 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 final acceptance by the
Board of County Commissioners of the specific improvements described in the Land Development
Regulations (hereinafter 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
I Packet Pg. 668
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 13th day of _March / 2015
WITNESSES:
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41tj "OFQF;�
C,t,446L Ale.0-1t,
By:
Printed Name
Printed Name/Title The Guarantee Company of North America US
(Provide Proper Evidence of Authority)
FPrinted Name
Jeffrey W. Price, Attorney -In -Fact
ACKNOWLEDGEMENT
STATE OF
New York
COUNTY OF Nassau
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-13th / March -- , 20 15_____, by jeffrey W. Price (NAME
OFACKNOWLEDGER)AS_Attorney-In-Fac�TITLE)OF Guarantee Company of Nort:NA)peoca USA
COMPANY) WHO 15 PERSONALLY KNOW TOME, OR HAS PRODUCED Ti,,,Qp
AS IDENTIFICATION.
Notary Public - State of A/ec-, YCI
(SEAL) J0^EPI-I L ZASO
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Notary Public, State of New York
in 2Q �s No.OIZA6012980
Qualified in Nassau County
Printed kame COMMIssion Expires DeCernber 08,201-1?
I Packet Pg. 669
WITNESSES: ow
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(Owny'N'/me an��jf orporation) 6900 Airport Pulling LLC
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AreA S Jo,"I
By/ / z-""'
Printed Name
'Printed Name/Title
t-4 ef, �A " I I-', e , , f,
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE F EGOING RFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-130PL- 20 by Willi-Afn (NAME
OF ACKNOWLEDGER) AS &444t- (TITLE)OF.6900 Airp rt Pulfing LLG—(NAMEOF
COMPANY) JU±Q 11 PERSONALLY KNOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public — State of -Ft�'
(SEAL) CMCAU W0000"
my COMMISSON # FF 175934
ko EXPIRES: November 13, 2018
Bwded Thru Budget Notary SOftes
14,01,
4,,f of
Printed Name
I Packet Pg. 670
THE The Guarantee Company of North America USA
GUARANTEF POWER OF ATTORNEY Southfield, Michigan
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Jeffrey W. Price, Rachel L. Price
Price and Price Enterprises, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and otherwritings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1 To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below
3, In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting Z
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification U)
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and . .
such signature and seal when so used shall have the same force and effect as though manually affixed. LO
04
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and 04
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
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THE GUARANTEE COMPANY OF NORTH AMERICA USA (n
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STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice PresidenL COO Randall Musselman, Secretary
County of Oakland
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On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me 0
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said CU
instrument is the Corporate Seal of said Company. that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of <
Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Notary Public, State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2018
Acting in Oakland County
1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA. which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the "at of said Company this 13th day of March
Randall Musselman, Secretary
I Packet Pg. 671