Agenda 01/14/2025 Item #16A 6 (Resolution and release of the maintenance security for the final plat of Del webb Naples, Parcel 109)1/14/2025
Item # 16.A.6
ID# 2024-2206
Executive Summary
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the
final plat of Del Webb Naples Parcel 109, Application Number PL20180000500, and authorize the release of the
maintenance security in the amount of $460,461.04.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision and authorize the release of the maintenance security.
CONSIDERATIONS:
1. On September 4, 2019, the Growth Management Department granted preliminary acceptance of the roadway
and drainage improvements in Del Webb Naples Parcel 109.
2. Del Webb Naples Community Association, Inc., and Ave Maria Utility Company, LLLP, will maintain the
roadway and drainage improvements.
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. A copy of the document is
attached.
FISCAL IMPACT: Del Webb Community Association, Inc., and Ave Maria Utility Company, LLLP, will maintain the
roadway and drainage improvements. The existing securities in the amount of $460,461.04 will be released upon Board
approval and is based on the work performed and completed pursuant to the terms of the Construction and Maintenance
Agreements dated November 1, 2018.
GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as development guaranty and are
released after work is performed.
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 Del Webb Naples
Parcel 109, Application Number PL20180000500, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements.
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
Page 1572 of 6405
DEL WEBB NAPLES PARCEL 109
LOCATION MAP
Page 1573 of 6405
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this \5-______day of Kfol?_____, 20_4______ between Pulte Home Company,
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: Del Webb Naples Parcel 109
B. 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 asfollows:
1. Developer will cause to be constructed:required improvements______________________________
and other infrastructure improvements within 36 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
- which amount represents 10% of thereference made a part hereof) in the amount of $460,461.04
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.
Page 1574 of 6405
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 day of . 20 fT •
(Name of Entity) Pulte Home Company, LLCSIGNED IN THE PRESENCE OF:
By: C.—Witness:
■J'-TVOi (
OiSWun LMDf at*
ncCUAn
Printed Name:Mike Hueniken, Vice President - Land Development
Printed Name/Title
(President, VP, or CEO)
Witness:(Provide Proper Evidence of Authority)
Printed Name:
ATTEST:
Crystal K. Kinzel,im Clerk of the Circuit Court BOARD O^COUIfTY COMM
OF COLMER COUNTY, FLOj
:s
& Controller f-\ j ^j *"-s
By: ' JxTX. H . T 'By:
Az-ytMt 5o[.^ ■Depu,yClert Attest as to CM
signature only.
V
Approved as to form and legality:
Scott A. Stone 0
Assistant County Attorney
Page 1575 of 6405
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC
24311 Walden Center Dr. #300
Bonita Springs, FL 34134
239-495-408S
(hereinafter referred to as "Owner") and BOND NO. 30056150
The Continental Insurance Company
801 Warrenville Road, Suite 700
Lisle IL 60532, 630-719-6342
(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 four hundred and sixty thousand, four hundred
and sixty-one dollars, and four cents ($ 460,461.04 ) 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 Dei Webb Naples Parcel 109 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 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.
txU'l&rh A
Page 1576 of 6405
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
day of October , 20 18________,this 19th
Pulte Home Company, LLCWITNESSES:
By.By :L^:
D. Bryce Langen, Vice President and Treasurer
J. Nicholas Sarris
Printed Name
(Provide Proper Evidence of Authority)By.
Ross Ripple
Printed Name
ACKNOWLEDGEMENT
GEORGIASTATE OF
COUNTY OF FITT.TOK
19thTHE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
, 20 18
Treasurer OF PULTE HOME COMPANY, LLC WHO IS PERSONALLY KNOWN TO ME,
DAY
OF October <BY Bryce Langen, Vice President and
KNOWNOR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of GEORGIA
(SEAL) . „i SHIRLEY EHUTCKSS
Notary Public • State of Georgia
Fulton County
fvy Commission Hxc.rus.Var 16. 2022
\
Printed Name- Shirley E. Hutchins
SURETY ACKNOWLEDGEMENT
(Surety Name sodcSikibGoi^QXQBSiBx)
The Continental Insurance Company
WITNESSES:
By By:
J. Nicholas Sarris 7
Printed Name Printed Name/Title Gregory S. Rives
Attorney-m-Fact
^Provide Proper Evidence of Authority)By
Ross Ripple
Printed Name
Page 1577 of 6405
NOTARY ACKNOWLEDGMENT
GEORGIASTATE OF
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF October
I9th
, 20__18. , BY _
ACKNOWLEDGER) AS Attorney-in-Fact
Gregory S. Rives (NAME OF
(TITLE) OF .^nluranc^Bompany
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ASKNOWN?
IDENTIFICATION.
GEORGIANotary Public State of
SHIRLEY E HUTCHINS _
Notary Public - State of Georgia
Fulton County
Expires Mar 18. 20-2
(seal;
My Commissionj^fiirley W.
Printed Name
Hutchins
(Ord.No. 15-44, § 3.N)
Page 1578 of 6405
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Ki-ow All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
D.Bryce Langen, James Zeumer, James Ossowski, Brien O'Meara, Kelly Yoakam, Kim Hill, Ross
Irwin, Jean Marusak, Ellen Padesky Maturen,Gregory S. Rives, KellyMarie Conlon, Individually
of Bloomfield Hills, MI„ its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
- In an amount not to exceed Two Million and no/100 Dollars ( $2,000,000.00)
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 28th day of December, 2016.
jfiSSfc
0 90
The Continental Insurance Company
r>:a:
\o Sto )>•
.r ^BrnflatPaul Vice President
State of South Dakota, County of Minnehaha, ss:
On this 28th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say:
that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania
insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J. Mohr Notary Public
J. MOHR
.NOTARY PUBLIC
I SOUTH DAKOT/
My Commission Expires June 23, 2021
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this tvi 1 Pi day of
■Msz,
,7S
The Continental Insurance Company
FAwo:(4*o:11 S:s
D. Bult Assistant SecretaryForm F6850-4/2012
Page 1579 of 6405
RESOLUTION 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 DEL WEBB NAPLES PARCEL I09,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 65, PAGES 39 THROUGH 10, AND RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 26,
2018, approved the plat ofDel Webb Naples Parcels 109 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 ofthe 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 COLINTY
COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Del Webb Naples
Parcel 109, pursuant to the plat thereof recorded in Plat Book 65, pages 39 through 40, and the
Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Del Webb Naples Parcel 109 will 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 _
2025.day of
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attomey
BOARD OF COTJNTY COMMISSIONERS
COLLIER COLTNTY, FLORIDA
By:
Burt L. Saunders. Chairman
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