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Agenda 12/13/2016 Item #16A 1 16.A.1 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve an extension through June 7, 2017 for completion and final acceptance of required subdivision improvements associated with Marsala at Tiburon (AR-7629) subdivision. OBJECTIVE: To approve an extension for the completion and final acceptance of subdivision improvements associated with the Marsala at Tiburon subdivision. CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners (Board) approved the final plat of Marsala at Tiburon for recording. Section 10.02.05 C.2 of the Land Development Code (LDC) requires that all required subdivision improvements must receive final acceptance by the Board within 36 months from the date of plat approval unless extended by the County Manager or his designee, the Board, or general law. The LDC allows the developer to request two (2) two-year extensions for completion and acceptance of the required improvements, which the developer has applied for and received. Moreover, the developer received additional extensions via state legislation and executive orders, which extended the final acceptance expiration date to June 6, 2015. As such, the Board must approve any further extensions because the developer has exhausted its administrative options. The developer is requesting an additional Board approved two (2) year extension through June 6,2017. Currently,the only remaining improvements consist of minor sidewalk repairs. The required subdivision improvements received preliminary acceptance on December 12, 2007, and have been found to be substantially complete. Currently, the only remaining improvements consist of some sidewalk repairs. The developer has requested an additional 2 year extension in anticipation of completing the remaining improvements within the allotted time. There is a construction and maintenance agreement for subdivision improvements and a performance bond in place as a development guaranty. 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: $300.00 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 and final acceptance of the required subdivision improvements associated with Marsala at Tiburon plat(AR-7629) through June 6,2017. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth Packet Pg.431 16A.1 12/13/2016 Management Department ATTACHMENT(S) 1. Location Map (PDF) 2. Construction and Maintenance Agreement (PDF) Packet Pg.432 16A1 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Item Summary: Recommendation to approve an extension through June 7, 2017 for completion and final acceptance of required subdivision improvements associated with Marsala at Tiburon (AR- 7629) subdivision. Meeting Date: 12/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 09/28/2016 12:50 PM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 09/28/2016 12:50 PM Approved By: Review: .-o Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/02/2016 9:02 AM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 11/02/2016 11:37 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/04/2016 4:06 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 11/07/2016 5:54 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:09 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attomey's Office Review Completed 11/17/2016 2:28 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 4:29 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/18/2016 3:07 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:21 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg 433 P£t, *5d ;aNped i1f v. 0 Iii' �i4 iii...4 e 1. 0 iio S.iiiimi! I s ' ! i arw Med NI 4iii Aii +si II. per% CC u „ 0 mi r o no 4iJ1IiL tJJN . W ¢ I- Eu l.. - B I c rt 0 a) rt O M OVOa NO150N1nn a) N F.PL ESMT. ---.�.—_--- CO ___._.— FP.4 ESY7. __ Ar'ir a z _——-- HStltlW NV01-13d p cn d CO Cr Q 31VOS 01 10N / 7 O JI QI .. a Q rt c i a o, F ao - ; E g a s d a °c oatlnalnoe NV001 1 E O 5a Z SL•31tl1Sa31N1 erm Aa1NI100 A J100 SOO.SS3aM0 Ali =up i- il. i- '- v - ^ ;I: - Wig Ntl0N00 ' S o u f Z 0. ENT q g,5., .� I m ■ uwNrsioN sono LI � EMI 1111111111. < IFF: wd g�G z w m = L p . YW 111 ' 111 „.,-ri mi ,L-- -' V s O . t i 4,fig, s-so- 5' Al 'LljR II i : . 1 El ?'”6 6 . _ as "�Z,1 li Egg I0 I ,illiq a o `' w ' gas mg _ i�Q W SII V iso Aid ♦ ` 16.A.1.b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this IV day ofSE.7fS.U, EJ? 20 No , between eas WCI Communities, Inc. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". i= RECITALS: Tti A. Developer has, simultaneously with the delivery of this Agreement, applied for the 12 approval by the Board of a certain plat of a subdivision to be known as: Marsala at Tiburon. o .N 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 W subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. co 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 E sewer, roads, lighting, landscaping and irrigation within 12 months from the date of approval a said subdivision plat, said improvements hereinafter referred to as the required improvements. U 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $2,675,232.73 which c amount represents 10% of the total contract cost to complete construction plus 100% of the estimate 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 2 L 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 73 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. Page 1 of 3 Packet Pg. 435 16.A.1.b 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 c 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 7+5 Agreement. 6. The Developer shall maintain all required improvements for a minimum period of o 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 y designee shall inspect the improvements and, if found to be still in compliance with the Collier cn 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 a 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 a) 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 O 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 O perfolluance 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 Page 2 of 3 Packet Pg. 436 16.A.1.b 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. 0 .n 9. All of the terms, covenants and conditions herein contained are and shall be i= a binding upon the Developer and the respective successors and assigns of the Developer. 7 N gt6 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to 0 be executed by their duly authorized representatives this 111-14.day of fi301-Et l4rai... 20t>4 . x w SIGNED IN THE PRESENCE OF: WCI COMMUNITIES, INC. o j f .N , i BY:‘,..., , cn Print Name: JLj , m i...: . J. Cr ESrEt_ Skt c birEvror. cF LA"4 DE vE LbTMEM— Print Name/Title (President, VP, or CEO) 5 Print N e: t7 J. ('6p...vonisa,,� Provide Proper Evidence of Authority P ai 2 Em Q ATTEST: BOARD OF COUNTY COMMISSIONERS 0 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA03 a)— c C SI By . O .( . By: -9 = 2 eputy Clerk , Chairman c Attest Its Om intim s o si9attwre cM1 Approved as to form 2 and legal sufficiency: in c 0 BY: Jeff E. Wkigj1 t, A sistant County Attorney co Y Q Approved Form—JAI:—February 2006 Page 3 of 3 Packet Pg.437 16.A.1.b PERFORMANCE BOND Bond No. 1017803 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 (hereinafter referred to as "Owner") and I- Lexon Insurance Company 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL 60148-4979 0 U) (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 Two Million Six Hundred Seventy Five Thousand Two Hundred Thirty Two Dollars and Seventy Three Cents ($2,675,232.73) in lawful money of the United States, for the payment of which sum well and 'N 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 will complete the requirements of development order permit no. 2005020033 for the project "Marsala at Tiburon" pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on June 6, 2006 and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, ("The Guaranty Period"). ca 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 2 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 2 shall be void, otherwise to remain in full force and effect. 0 v 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 5' 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 Pg. 438 16.A.1.b IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 3151 day of May, 2006. (Owner's witness and signature block) ��a`v""""',,,, ..```oUNIT.• 16. 1‘` • OR %z cc-) 9P - . WITNESSES: WCI Communities, Inc. = i SEP' 1oALGO ByS --1------\--------- •o LA• c U. v. rt.,_ [.U.t 54 PEST T. to tlfMAX) , L%° � �S�v ;;,' r co Printed Name Printed Name to include Title \� , / ,. �` V., .�PP0Rgr *,•14' o r c-ruc-. \,..1)` (...,(4/YL `£�.4 = SEAL . +. % 1987 I = 6 ��rrr `'A�• Printed Name ••••* ``%%.• .n r �t11111N oa (Surety's witness and signature block) c in a) 0 N WITNESSES: Lexon Insurance Company a, (71.\,,f, ;, �n e,� /t: L, B ���' E t ' tee is l d a) Heather A. Beck Kelly A. Jacoibs, A .I, ey-in-Fact d Printed r ame 7 . Printed Name to include Title a c E Jennifer J. cComb c Printed Name nsc 0 47 (Separate notary and acknowledgment for Owner and Surety required) c N STATE OF ILCV2/ f.q v COUNTY OF L.f-£ c E The foregoing PERFORMANCE BOND was acknowledged before me this Z day of E . t,'k.1e , 20G%', by 6 ;ZL° =sr -T, "-(:`,-,t-/be/Li/kik as ca, 4jec -Pea,.;b(-1.--r- of WCI Communities, Inc. m persona y nown to e a or has produced Q as identification. L int l 7 Y f` " ,� ; Nf :HALL �° NOTAR U{LIC— STATE OF GG`✓c'ri� . : ;k,otsrj Public,State of Florida I V ,` orm expires Feb.6,2008 PRINTED NAME Packet Pg. 439 16.A.1.b STATE OF ILLINOIS COUNTY OF DUPAGE The foregoing PERFORMANCE BOND was acknowledged before me this 31st day of May, 2006, by Kelly A. Jacobs as Attorney-in-Fact of Lexon Insurance Company who is personally known to me. � � ° , / _L-Ujj,4_ 2"71/Z0 NOTARY PUBLIC — STATE OF ILLINOIS CC Ta Melissa Schmidt (SEAL) PRINTED NAME 0 OFFICIAL SEAL MELiSSA SOHMIDT a? No T AR` -JBL,0.STATE OF ILJNOIS LL Mr GoreI SS!ON EXPIRES.06123t08 0 'rn Cn U) rn N C C E C!) CU a) C) CC r_ a) a-I CC CC 0 U L i.+ N O U a) E U CC Packet Pg.440 16.A.1.b i POWER OF ATTORNEY LX - 007 5p Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office _Juisville, Kentucky, does hereby constitute and appoint: Michael J.Scheer,James I.Moore,Christine Woods,Irene Diaz, Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Kotovsky its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings other writings obligatory in nature of a bond. S 0 This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEX() = INSURANCE COMPANY on the 1st day of July, 2003 as follows: H wez Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemni t or other writings obligatory in nature of a bond not to exceed $ 2,700,000.00,Two million seven hundred thousand L dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution i such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by tf c regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so grantE •° may be revoked as specified in the Power of Attorney. c m Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attornE ti granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such powi o and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power: •N executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continL 1/43 to be valid and binding on the Company. c to IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and i ►n Corporate Seal to be affixed this 2nd day of July, 2003. c N ,'\F�ANCF. s LEXON INSURANCE COMPANY c •.,C m t C TEXAS 4 --;(7,.._ a)X i INSURANCE 12 ! 7 m COMPANY BY `\ ,,,, David E.Campbell ,�, '� President -_ ctir ACKNOWLEDGEMENT c •E On this 2nd day of July, 2003, before me, personally came David E.Campbell to me known, who being duly sworn,did depose an 3 say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;thz he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. c c QFFICIAL SEAL - -`� u LYDIA J.DEJONG 0 I NOTARY PUBLIC STATE OF ILLINOIS Y MY COMMISSION EXPIRES 1 /12/2007 �� , -i��-- c o U Lydia J. DeJong • CERTIFICATE Notary Public a) E I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that th 3 original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and ttF ;a resolutions as set forth are now in force. Q Signed and Sealed at Lombard,Illinois this 31st —Day of MaY_ , 20 Q6 . Ir, RA CF•� ,•0. A / t 0• TEXAS T� \ // / / -/ I,Xi INSURANCE ".) —ail / � y ti`W,:• COMPANY :Z) Donald D. Buchanan ' o /t Secretary .•• i `' _ - Packet Pg.441 16.A.1.b COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering and Environmental Services 2800 North Horseshoe Drive • Naples, Florida 34104 January 6, 2008 0 2 Lexon Insurance Company 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL. 60148-4979 y RE: Your Performance Bond No. 1017803 /WCI Communities Marsala at Tiburon y Escrow Draw Request a X c Dear Sir or Madam: '1' Please be advised that based on the work completed to date, the subject Performance cn Bond may now be reduced by the amount of$2.242,158.25, leaving an available balance of $433,074.48. An original Bond Rider should be directed to this office reducing the value of the Performance Bond, "all other terms and conditions of original Performance c Bond to remain in full force and effect". a> a) Please call this office if you have any questions or need any additional information. Sincerely, .6" R. ou sworth Senior Engineer jrh cc: Grady Minor&Associates /Elizabeth Fountain, P.E. U Daryl Hughes, Engineer E U o ( (� r e r C o z+ n t Phone(239)252-5566 Fax(239) 530-6201 WWW•cg11; Packet Pg.442 • 16.A.1.b .---N• Lexon Insurance Company To be attached to and form a part of Bond No. 1017803 Effective: 5/31/06 Bond Amount: $2,675,232.73 0 L Executed by: WCI Communities, Inc., as Principal iz and by Lexon Insurance Company, as Surety co T. f6 in favor of Collier County, FL (Obligee) N in consideration of the mutual agreements herein contained, the Principal and the Surety w hereby consent to reducing the bond amount from: c 0 .y $2,675,232.73 sz u) to L.� C9 0 N $433,074.48 Y Nothing herein contained shall vary, alter or extend any provision or condition of this E bond except as herein expressly stated. 66 This rider is effective January 6, 2008 cz Signed and Sealed January 21. 2008 76 4%%Om!fllllll, WCI C0mmunities, Inc. `q.,:$`\‘‘,0. N1T/�8`E�a, 7,�i -0 Lexon lnsu nce Lompany - • 1`'g �z, /-�Surety t� 7) 17:•.;, -... LANyi ..• ,:.:.- 5 By: l ������'�111!!filN4 tttitQ`��,�5 Elaine Marcus, Attorney-in-Fact z Florida License#P114950 E U C6 Q Packet Pg.443 16.A.1.b CORPORATE ACKNOWLEDGMENT FORM STATE OF FLORIDA COUNTY OF LEE On this 23rd day of January ,2008, before me personally appeared Ernest J. Scheidemann to me known, who, being by me first duly sworn, did depose and say that he resides in Collier County, Florida, and that he is a Vice President& CFO of WCI Communities, Inc., a Delaware'corporation, 2 being the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such w corporation's seal; that such seal was so affixed by order and authority of the Board of Directors of said corporation; and that he signed his name thereto by like order and authority. My commission expires: / !o_ Not.. Public State of Florida w N Janeth P. Hall Printed Name of Notary Public U) DD288471 a) Notary Public Commission Number a) a, a) U CO a) w CO 2 fG 0 U .!r 0 U Y a) U fC Packet Pg.444