Agenda 01/14/2025 Item #16A 4 (Resolution and release of the maintenance securities for the final plat of Ave Maria Unit 9, Del Webb at Ave Maria, Parcels 101, 103, 104 &105)1/14/2025
Item # 16.A.4
ID# 2024-2183
Executive Summary
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and
acceptance of the plat dedications for the final plat of Ave Maria Unit 9 Del Webb at Ave Maria Parcels 101, 103, 104 &
105, Application Number AR-9168 and PL20110001810, and authorize the release of the maintenance securities in the
amount of $282,532.56.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, and authorize the release the maintenance security.
CONSIDERATIONS:
1. On April 30, 2007, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in Ave Maria Unit 9 Del Webb at Ave Maria Parcels 101, 103, 104 & 105.
2. Del Webb will maintain the roadway and drainage improvements at Ave Maria Community Association, Inc.
and Ave Maria Utility Company, LLLP, and Ave Maria Stewardship Community District.
3. The required improvements have been constructed in accordance with the Land Development Code. On
October 16, 2024, the Growth Management Department inspected them and recommends their final acceptance.
4. A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The
resolution is a requirement of Section 10.02.05 C of the Land Development Code.
FISCAL IMPACT: Del Webb will maintain the roadway and drainage improvements at Ave Maria Community
Association, Inc., Ave Maria Utility Company, LLLP, and Ave Maria Stewardship Community District. Upon board
approval, the existing security of $282,532.56 will be released. Based on the work performed and completed pursuant to
the terms of the Construction and Maintenance Agreement dated November 22, 2006, the original security of
$1,213,658.19 has been reduced to the current amount of $282,532.56.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - DDP
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Ave Maria Unit 9
Del Webb at Ave Maria Parcels 101, 103, 104 & 105, Application Number AR-9168, and PL20110001810, and
authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release the maintenance securities.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
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1/14/2025
Item # 16.A.4
ID# 2024-2183
Page 1524 of 6405
AVE MARIA UNIT 9, DEL WEBB AT AVE
MARIA PARCELS 101, 103, 104 & 105
LOCATION MAP
Page 1525 of 6405
CONSTRUCTION AND MAINTENANCE AGREEMENT FO
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 2 � � day of /\.l ol) . , 200 �. by Pulte Home
Corporation, (hereinafter "Developer"), and the THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "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 Del Webb at Ave
Maria Parcels 101,103,104 & 105 (Ave Maria Unit 9).
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 regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THERFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1.Developer will cause to be constructed: the paved roadways and sidewalks, drainage,
utilities and like facilities, the required improvements, to be constructed pursuant to the
specifications that have been approved by the Development Services Director within
eighteen (18) months from the date of approval of said subdivision plat.
2.Developer hereby tenders its subdivision performance security (attached hereto as
Exhibit A and by reference made a part hereof) in the amount of $1,213,658.19 which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate cost to complete the required improvements as of 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.
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 the 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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Bond No. 10I8 401
COLLIER COUNTY LAND DEVELOPMENT
PERI]ORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that Pult€ Home Comoration, 9148 Bonita Beach Road, Suite 102,
Bonita Springs, FL 34135 (hereinafter refened to as "Owner") and Lexon Insurance Company, 19l9 S. Higtrland
Avenue, Building A, Suite 300, Lombard, IL 60148, (hereinafter referred to as "Surety") are held and firmly bound unto
Collier County, Florida, 2800 N. Horseshoe Drive, Naples, FL 33942 (hereinafter referred to as "County") in the total
aggregate sum of one million two hundred thtteen thousand six hun&ed fiftv eisht and l9l100 (S 1.213.658.19) in
lawful money ofthe United States, for the pa),ment ofwhich 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 requtes.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Ave Maria - De I Webb and that certain subdivision shall include specific
irnproyements which are requted 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 Cornrnissioners of the specific Lrprovements described in the Land
Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, nuly 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 satis[ all
claims and demands incmed and shall fully indemni$ and save harmless the Cormty fiom and against all costs and
damages which it may sufler 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, FL'RTHER, that the said Suety, for value received hereby, stipulates and agrees that no change, exteDsion
of time, altemtion, addition or deletion to the proposed specifrc improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice ofany such change, extension of time, alteration, addition or deletion to the
proposed specifi c improYements.
PROVIDED FURTHE& 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 flrll and
faithfi.rl performance in accordance witl the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteratioq addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2nd day of
October, 2006.
Witness:Pulte Home Corporatior
,?
t1-->-
tu-tr Calvin R. Boyd,tor of Treasury Operations
Lexon Insurance Company
,rr- *-
Witness:
+{7-AL
Morgan, Att
No. P01132 2
) t iz L,7-z--
LDCA:6
Dawn L.
FL Lic.orney- in- I ac t
Page 1529 of 6405
POWER OF ATTOBNEY
Lexon Insurance Company
KNOW ALL MEN BY THESE PFESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal ottice in
Louisville. Kentucky, does hereby constitute and appointl
Michael J. S(heer, James l. Moore, Christine Woods, Irene Diaz, Bonnie
Stephen T. Kazmer, Dawn L. Morgan, peggy FausL Kelly A. Jacobs, Elaine Marcus, Jemiler J. Mccomb, Melissa Schmidt
ils lrue and lawlul Attorney(s)-ln-Fact to make, execule, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board ot Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the signature of the President and the seal oI the Company may be atfixed by facsimile on any power ol attorney
granted, and the signature of the Vice President, and the seal o, the Company may be affixed by lacsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and cerlificate so executed and sealed shall, with respecl to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
lN WITNESS THEREOE LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be altixed this 2nd day of July, 2003.
LEXON INSUBANCE COMPANY
BY
David E. Campbell
President
.OFFICIAI. SEAL'
LYDIA J. DUOI{G
IiIOTAFY PUBLIC. STAIE Of ll"T.OIXi
MY COMMISSIO{ D(RAES 1fi2NN7
CEBTIFICATE
Lydia J. DeJong
Notary Pubtic
I' the undersigned. Secretary of LExoN INSUBANCE CoMPANY, A Texas lnsurance Company, Do HEREBY CERTIFy that theoriginal Power ol Attorney of which the foregoing is a true and correct copy, is in full force and etfect and nas not been revoked and theresolutions as set forth are now in force.
Signed and Sealed at Lombard, lllinois this 2rtd Day ol October ,20 06
fl, l*/"-'-
Donald D. Buchanan
Secretary
A
TEXAS
INSURAT{CE
COiIPANY
ec
o a
z
Bz
o
\COMPANY
Lx-013470
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond nol to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through ils duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-ln-Fact shall be as binding upon the Company as il they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney-ln-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
ACKNOWLEDGEMENT
On this 2nd day ol July, 2003, betore me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that
he executed said instrument on behalf ol the corporation by authority of his otfice under the 8y-laws of said corporation.
dlL 1
A
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ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COLTNTY OF OAKLAND)
On this 2nd day ofOctober, 2006, before me, the undersigned authorized employee,
personally appeared Calvin R. Boyd, who acknowledges himself to be Director ofTreasury
Operations for Pulte Home Corporation, and as such employee, being authorized to do so,
executed the foregoing instrument for the purposes therein contained by signing the name
of the Corporation by himself as such employee.
My Commission Expires: March 26, 2Ol2
Notary Public, Marcia G. Howard
Oakland County, Michigan
,YAir.:,,| .t Fr L'.IAIS
"- I Iifi ttE E, STAIE G irl
cuXfY of OrlcrllD
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Page 1531 of 6405
ACKNOWLEDGMENT OF SURI,TY
COUNTY OF DUPAGE
On October 2, 2006 before me, a Notary Public in and for
said County and State, residing therein, duly commissioned and swom, personally
Dawn L. Morgan known to me to be Attomey-in-Fact
of Lexon lnsurance Cornpanv the corporation
described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalf of the said corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires on November 29, 2008
.OFFICIAL SEAL"
BONNIE J. KRUSE
l{otary pubtic,
lly Commtsalon
)
)
)
s.s
,-1/rl ,(
State of lllinols
ExpirB 11/8/08L,
Notary Public -J
STATE OF ILLINOIS
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COLLIER COUNTY GOVERNMENT
COMMUNITYDEVELOPMENT AND ENVIRONMENTALSERVICESDMSION Engineering Services Department 2800 North Horseshoe Drive• Naples, Florida 34104
May 14, 2007
Ms. Dawn Morgan, Attorney-in-Fact Lexon Insurance Company 1919 Highland Ave., Bldg. A, Suite 300 Lombard, IL. 60148
RE: Performance Bond No. 1018401 / Pulte Home Corp. Ave Maria Unit 9 / Del Webb
Dear Ms. Morgan:
Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $931,125.63 leaving an available balance of $282,532.56. An original Bond Rider should be directed to this office reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect".
Cc: Tom Kuck, P.E., Engineering Director Waldrop Engineering
C 0 T C
Phone(239)213-5866 Fax (239) 530-6201
0 ... H C y
www.colliergov.net Page 1533 of 6405
Lexon Insurance Company
To be attached to and form a part of
BondNo. 1018401
Effective Date: October 2, 2006
Bond Amount: $1,213,658.19
Executed by: Pulte Home Corporation
, as Principal
and by: Lexon Insurance Company
(Surety)
in favor of :
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to the changing:
Decrease dollar amount by $931,125.63
From: $1,213,658.19To: $ 282,532.56
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
This rider is effective: May 17,2007
Signed and Sealed: May 17,2007
Princip al: Pulte Corporation
By
Principal, Scott H. Finch, Director of Treasury Operations
Surety: Lexon Insurance Company
By:
Attomey-in-Fact, RobertPorter
Page 1534 of 6405
Lexon Insurance Company LX 009 67 6
' KNOW ALL MEN BYTHESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
John R. Stoller, Julia T. Corcoran, Vitcent J. Frgls- Bruce E. Robinson,
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver lor, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature oI a bond.
This authority is made under and by the authority ol a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as lollows:
Besolved, that the President of the Company is hereby authorized to appoint and empower any representative ot the Company or
other person or persons as Attorney-ln-Fact to execute on behall ot the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature ol a bond not to exceed $ 1,500,000.00 One million five hundrcd thousand dollars
dollars, which the Company might execute through its duly elected otficers, and atfix the seal ol the Company thereto. Any said execution of
such documents by an Attorney-ln-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected otficers of the Company. Any Attorney-ln-Fact, so appointed, may be removed lor good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be atfixed this 2nd day of July,2003.
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
On this 2nd day of July, 2003, belore me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that
he executed said instrument on behalf of the corporation by authority of his office under the Bylaws of said corporation.
tlLlN0ts
l1uwT "/-
CERTIFICATE
Lydia J. DeJong
Notary Public
l, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEBEBY CEBTIFY lhat the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and eifect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, lllinois this I TTH Day of L .2o 07
Donald D. Buchanan
Secretary
POWER OF ATTOBNEY
Calvin R. Boyd, Jane K. Botting, Colette R. Zukoff, Suzanne Treppa, Robert Porter, Jan M. Kllm ***********'*'I*'r*)*******
Besolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature oI the Vice President, and the seal oI the Company may be atfixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certiticate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
ACKNOWLEDGEMENT
fl, 8*/"^*'
Page 1535 of 6405
ACKNOWLEDGEMENT BY SI'RETY
STATE OF MICHIGAN )
)ss.
couNTY oF oAKTAND)
On this 17th day of May, 2007, before me, a Notary Public in and for said County and
State, residing therein, duly commissioned and swom, personally appeared Robert Porter
who acknowledges himself to be Attorney-in-Fact for Lexon lnsurance Company, the
corporation described in and that executed the within and foregoing instrument, and known
to me to be the person who executed the said instrument on behalf of the said corporation
executed the same.
In wibress whereof, I have hereunto set my hand and affixed my official seal, the day and
year stated in this cenificate above.
My Commission Expires: March 26,2012
Notary Public, Marcia G. Howard
Oakland County, Michigan MARCIAG HOWARD
NOTARY PUBLIC, STATE OF MI
COUNTY OF OAKLAND
MY CoMMISSION EXPIRES Mar 26,2012
Mlt 0-13
Page 1536 of 6405
ACKNOWLEDGEMENT BY PRINCIPAL
STATE
OF MICHIGAN )
)ss.
COLTNTY OF OAKIAND)
On this 17th day of May, 2007, before me, the undersigned authorized employee'
personally appeared Scott H. Finch, who acknowledges himself to be Director ofTreasury
bpe.atior't. ior Pulte Home Corporation, as such employee, being authorized to do so'
executed the foregoing instrument for the purposes therein contained by signing the name
ofthe Corporation by himself as such employee.
My Commission Expires: March 26' 2012
Notary Public, Marcia G. Howard
Oakland County, Michigan MARCIA G, HOWARD
NOTARY PUBLIC, STATE OF MI
COUNTY OF OAKLAND
MY COMMISSION EXPIRES Mar 26, 2012
MH 03]
Page 1537 of 6405
RESOLTJTION NO.25-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS AND PLAT DEDICATIONS IN AVE MARIA TINIT
9 DEL WEBB AT AVE MARIA PARCELS 1OT, TO3, 1O.I & IO5,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 47, PAGES 94 THROUGH 99, 41YP RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on October
10, 2006, approved the plat of Ave Maria Unit 9, Del Webb at Ave Maria Parcels 101, 103, 104
& 105 for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No. 04-41, as amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and release of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLTNTY
COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Ave Maria Unit 9,
Del Webb at Ave Maria Parcels l0l. 103, 104 & 105, pursuant to the plat thereof recorded in
Plat Book 47, pages 94 through 99. and the Clerk is hereby authorized to release the maintenance
security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Ave Maria Unit 9, Del Webb at Ave Maria Parcels l0l, 103, 104 &
105will be maintained privately in the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County AttomeY
BOARD OF COIJNTY COMMISSIONERS
COLLIER COLNTY, FLORIDA
B):
Burt L. Saunders, Chairman
2025.
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