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Agenda 05/10/2016 Item #16A13n 5/10/2016 16.A.13. EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of required subdivision improvements associated with Naples Motorcoach Resort (AR -12512) 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 Naples Motorcoach Resort subdivision. CONSIDERATIONS: On April 8, 2008, the Board of County Commissioners (Board) approved the final plat of Naples Motorcoach Resort for recording. The LDC requires that upon approval by the Board 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 May, 2013, staff granted preliminary acceptance of the subdivision improvements. There is a Construction 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 April 8, 2015 to April 8, 2017. Therefore, �-. the improvements must receive final acceptance prior to April 8, 2017 if the Board approves this extension. The LDC allows for two, 2 -year extensions after the original 36 month period. As such, the required improvements final acceptance deadline expired on April 8, 2015. Since this proposed extension is beyond what is allowed by the LDC, approval by the Board is required. The property owner has paid all of 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: $450.00 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. - SAS RECOMMENDATION: To approve an extension for completion of the required subdivision improvements associated with Naples Motorcoach Resort plat (AR -12512) until April 8, 2017, subject to the recommendations of the Executive Summary of April 8, 2008. Packet Page -517- 5/10/2016 16.A.13. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Construction & Maintenance Agreement 3) Original Executive Summary from April 8, 2008 Packet Page -518- 5/10/2016 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of required subdivision improvements associated with Naples Motorcoach Resort (AR -12512) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). Meeting Date: 5/10/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review 4/1/2016 8:11:21 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 4/1/2016 4:54:10 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 4/1/2016 5:01:19 PM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 4/7/2016 2:44:39 PM Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 4/11/2016 8:33:17 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 4/15/2016 11:02:53 AM Name: StoneScott Packet Page -519- 5/10/2016 16.A.13. Title: Assistant County Attorney, CAO Land Use/Transportation Date: 4/20/2016 4:16:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2016 5:01:35 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/22/2016 2:44:08 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 5/3/2016 11:32:44 AM Packet Page -520- 5/10/2016 16.A.13. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 2nd day of September, 2008 between NAPLES MOTORCOACH RESORT, INC., 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 a certain plat of a subdivision to be known as: NAPLES MOTORCOACH RESORT 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: Site improvements including paying, drainage, roadway paving, storm drainage system, off-site utilities, potable water distribution system, wastewater collection system, landscape, irrigation, buffer wall, lighting 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 (LOC or Performance Bond) (attached hereto as Exhibit "A" and by reference made a part hereof) hereinafter the "Surety Bond'; in the amount of $1,626,437.34 which amount represents 10% of the total contract cost to complete 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 County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. S I I \200S%20051441,WKPLAr RECORDA710MConstruction & Maintenance for Subdivision Improvements - 080WI_doc Packet Page -522- 5/10/2016 16.A.13. 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 Collier County 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. 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 tt eright igtpublic to construct and maintain, or cause to be constructed or maintained, p 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 di:12005+20051441WPtPLAT RECORDATIOhRConstruclion & Maintenance for Subdivision Improvements - OS0902 6" Packet Page -523- 5/10/2016 16.A.13. 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 QN day of � 2008. SIGNED IN THE PRESENCE OF: NAPLES MOTORCOACH RESORT, INC. A Florida Corporation Signature: E. Rand 1 H on, esiden B Printed or Typed Name IV uthorized Si ature Signature: r S rrfad Printed 0yp ed Name ATTEST: ., BOARD OF COUNTY OMMISSIONERS OF COLLIER Q6UNTVLORIDA By; ;. By: qty Clerk Approv6d a ,to form a hd legal sufficiency: Tom Henning, Chairman By: Steven T. Williams, Assistant County Attorne 1i:\1_005\2005144\WP'.P1.AT RECORDATIONTonstmaion & M.41fev— fn. SnAdivision Improvements • 080902.doc Packet Page -524- 5/10/2016 16.A.13. PERFORMANCE BOND Bond 4104938553 KNOW ALL PERSONS BY THESE PRESENTS: that Naples Motorcoaeh Resort, Inc P O Box 465, Wakarusa, IN 46573 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Co of America Park Center Plaza II 6150 Oak Tree Blvd 4500, Independence, OH 44131 216-643-2369 (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 One Million Six Hundred Twenty Six Thousand Four Hundred Thirty Seven 34/100 Dollars ($1,626,437.34) 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 Naples Motorcoaeh Resort 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. Packet Page -525- 5/10/2016 16.A.13. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12'h day of September 2008. WITNESSES: Naples Motorcoach Resort Inc BY4* �L�t By: By: r!—�.- Everett R. Henderson Jr., President r (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF A«4l6-10N COUNTY OF &--MtAAC-7 ^ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS %" DAY OF 'k4it 20 ( , BY Everett R Henderson Jr AS President OF Naples Motor oach Resort Inc. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N 14-^- AS IDENTIFICATION. Notary Public - State of M t G t-� t G -t{ �✓ RPrint d Notary Name J D KN WI ESS Travelers asualty & Surety Company of America Li a House, Attorney-in-fact (Provide Proper Evidence of Authority) Chery Alkire I "zme ly08114MUM STATE OF Indiana COUNTY OF St. Joseph THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 12th DAY OF September, 2008, BY Tracie House AS Attorney-in-fact OF Cassady Neeser & Brasseur on behalf of Travelers Casualty and Surety Co of America WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. tary Public - Sta of Indiana ' L) ... GL - Wendy S Packet Page -526- THIS �A. POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 219888 5/10/2016 16.A.13. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 3 2 6 0 6 0 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Gregg L. Brasseur, Thomas R. Cassady, Jr., John E. Sukup, Jr., Marolyn Klockow, Lisa A. Meek, Mary Radde, Tracie House, Samantha M.Dhoore, Nancy A. Yates, Kathleen Goepfrich, Cheryl Alkire, and John M. Davis of the City of South Bend , State of Indiana , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirr.b"usiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pert "ilea m any a lions or proceedings allowed by law. 15th IN WITNESS WHEREOF, the Companies have caused this instn}meint;to be st ned and thekz:,corporate seals to be hereto affixed, this April 2008 b day ofV11res t Farmington Casualty Cogipiir4- ,,, £ � �„y�, St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company, �6. ' ' St. Paul Mercury Insurance Company Fidelity and Guaranty Insu"radce'Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company G,,6U� $l�Erf. `4�RE 6 �,,N..I RfG j 1NSYy tiY 4hr Cr ry � * a ''�* �0: • q gyp...-.......,ty ave rG �,YRswiEn,� sJt1''Ui'D P• ~l yr t(:UNOOR�1 �y 4�PORAL' ^ OY � �-'� Q"_ l • �t > br 19JE i mi j:SEAL `of �`iSEALs° NEM r,..'� s' �'`•r + � tir State of Connecticut By: City of Hartford ss. Georg Thompson,cnior ice President On this the 15th day of April 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 09*R �,j� In Witness Whereof, I hereunto set my hand and official seal. � t l �� 0, ' � My Commission expires the 30th day of June, 2011. i Marie C. Tetrcautt Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER Packet Page -527-1VITHOUTTHE RED BORDER 5/10/2016 16.A.13. ENGINEER'S OPINION OF PROBABLE COST Naples Motorcoach Resort HM File No. 2005.144 Revised August 28, 2008 L`•ANDSCA0E=94RRIGA710( u. , uantit Units Unit Cost Total Cobra Head Fixtures 4 EA $2,000.00 $8,000.00 Lantern Fixtures 50 EA Description Quantity Units Unit Cost Total Landscape Plants 1 LS $435,523.65 $435,523.65 Mulch 1 LS $8,894.21 $8,894.21 Irrigation 1 LS $195,000.00 $195,000.00 Subtotal Landscaping & Irrigation $639,417.86 BUFF Quantit I Units I Unit CastI total Buffer Wall 3,2161 LF 1 $80.001 $257,280.00 LIGHTING �x,� ," ��,� , uantit Units Unit Cost Total Cobra Head Fixtures 4 EA $2,000.00 $8,000.00 Lantern Fixtures 50 EA $2,500.00 $125,000.00 Subtotal Lighting $133,000.00 TOTAL LANDSCAPE & IRRIGATION, WALL AND LIGHTING TOTAL OF CONSTRUCTION 10% OF CONSTRUCTION COST TOTAL OF IMPROVEMENTS TO BE COMPLETED @ 100% PLAT BOND AMOUNT Jerry C, Neal, P.E. #25646 Hole Montes, Inc. #.1772 950 Encore Way Naples, Florda 34110 $1,029,697.86 $3,360,521.81 $336,052.18 $1,290,385.16 $1,626,437.34 H:\200W005144%SS\PLAT RECORDATIOWRevised Probable Engrs Cost 080828 Plat BondingALS Page 6 Packet Page -528- 5/10/2016 16.A.13. -- EXECUTIVE SUMMARY This is a recommendation to approve for recording the final plat of Naples Motorcoach Resort, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of Naples Motorcoach Resort, a subdivision of lands located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: The Engineering and Environmental Services Department has completed the review of the construction drawings, specifications, and final plat of Naples Motorcoach Resort. These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering and Environmental Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. The Engineering and Environmental Services Department recommends that the final plat of Naples Motorcoach Resort be approved for recording. FISCAL IMPACT: The project cost is $3,527,453.34 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $1,199,782.67 b) Drainage, Paving, Grading - $2,327,670.67 The Security amount, equal to 110% of the project cost, is $3,880,198.67 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $107,063.60 Packet Page -529- 5/10/2016 16.A.13. Fees are based on a construction estimate of $3,537,453.34 and were paid in November, 2007. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,240.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) C) Drainage, Paving, Grading (.75% const d) Construction Inspection Fee Water & Sewer (2.25% const. est.) e) Drainage, Paving, Grading(2.25%const.est.) -$8,998.37 est.) - $17,457.53 - $26,995.11 - $52,372.59 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve the final plat of Naples Motorcoach Resort for recording with the following stipulations: 1. Approve the amount of $3,880,198.67 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering and Environmental Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering and Environmental Services Department Director and the County Attorney's Office. Any member of the public or any County Commissioner wishing to review this plat prior to final approval may contact the Engineering and Environmental Services Department at 252- 5757 to set up an appointment to review this plat at the Community Development and Environmental Services Division, 2800 N. Horseshoe Drive. PREPARED BY: John Houldsworth, Senior Engineer, Engineering and Environmental Services Department Packet Page -530-