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Agenda 12/13/2016 Item #16A14 16A.14 12/13/2016 EXECUTIVE SUMMARY Recommendation to approve an extension through January 13, 2018 for completion of required subdivision improvements associated with Ave Maria Unit 4, Hampton Village Phase 1 (AR-8879), 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 Ave Maria Unit 4, Hampton Village Phase 1 subdivision. CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners (Board) approved the final plat of Ave Maria Unit 4, Hampton Village Phase 1 for recording. Section 10.02.05 C.2 of the Land Development Code (LDC) requires the associated subdivision improvements must receive final acceptance within 36 months of plat approval unless extended by the County Manager or designee, the Board, or general. law. The LDC allows the developer to request 2 two-year extensions for completion and acceptance of the required improvements, which developer has applied for and received. Moreover, the developer received additional extensions through various legislation and Executive Orders. However, the extensions expired on January 13, 2014 and therefore the Board must approve any further extensions because the developer has exhausted its administrative options. The required subdivision improvements are substantially complete. On April 9, 2007, the Development Review Division granted preliminary acceptance of the subdivision improvements. There is a Performance Bond already 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 January 13, 2014 to January 13, 2018. Therefore, the improvements must receive final acceptance prior to January 13, 2018 if the Board approves this extension. 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 of the required subdivision improvements associated with the Ave Maria Unit 4, Hampton Village Phase 1 plat (AR-8879) until January 13, 2018. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1.Location Map (PDF) 2. Construction and Maintenance Agreement (PDF) Packet Pg. 556 16.A.14 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Item Summary: Recommendation to approve an extension through January 13, 2018 for completion of required subdivision improvements associated with Ave Maria Unit 4, Hampton Village Phase 1 (AR-8879) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code(LDC). Meeting Date: 12/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 10/19/2016 11:28 AM Submitted by: Title: Project Manager, Principal—Growth Management Department Name: Matthew McLean 10/19/2016 11:28 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/19/2016 1:25 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/25/2016 4:16 PM Growth Management Department James French Additional Reviewer Completed 10/27/2016 11:04 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 9:02 AM County Attorneys Office Scott Stone Level 2 Attorney Review Completed 11/23/2016 11:22 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/23/2016 11:31 AM County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 11/23/2016 3:05 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2016 9:34 AM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:49 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg. 557 rc Oa6elll/l uo;duaeH 17 e! 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Q llamilliirt IP ...,..,,„ '''un-isz LL NII 1jii/glll "Or C1:3 MJS OL LON _C (^^ .,........, W CO 0) CO 0 > o WO i i 0 r 0 g ao gg aN J o € tQ CL EI a..I 1 6z 'a'S 'tl\ " :,,,,,?,,, ot rll- AC a b CD ID U .` D y 44, ,, 0 J' Z LS6 'a'D � 111/AD - W � ils'' +ss 'as - � 0 L-1 z--- illillimiliolime—linr -- 4,-pe) , f e 1 6.A.1 4.b "--%\ COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 5 0 THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this L day of akivr,2006 between DiVosta Homes,LP,hereinafter referred to as"Developer",and the Board of County Commissioners of Collier County,Florida,hereinafter referred to as the"Board". RECITALS: > A. The Developer has,simultaneously,with the delivery of this Agreement,applied for the approval by "11) the Board of a certain plat of a subdivision to be known as Ave Maria Unit 4—Hampton Village o- Phase 1 (A.k.a. Hampton Village at Ave Maria Phase One). a 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 a) regulations, said guarantees to be incorporated in a bonded agreement for the construction of the '7< required improvements. a) NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth,the Developer and the Board do hereby covenant arid agree as follows: C) 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18)months from the =s) date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. asc 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$2,782,448.54, which represents 10% of the total contract cost to complete construction plus 100% of the probable cost to complete the required paving and drainage, irrigation and street lighting improvements at 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. 7,5 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 a) improvements. "C) 4. The required improvements shall not be considered complete until a statement of substantial completion by the Developers 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. Packet Pg. 559 9,20,2006.15%12 yr LuorriN cm43 C37136-801-006 ESE3).4-29973 16.A.14.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 a� 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 Director'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 approvala by the Board, the Board shall s release the remaining 10% of the subdivision performance security. The Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six 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 c 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. a) 8. In the event the Developer shall fail or neglect to fulfill their obligations under this Agreement, upon certification of such failure, Po the County Administrator 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, -a the improvements required herein. The Developer, as principal under the subdivision performance security, shall be Iiable 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. U 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the a� Developer and the respective successors and assigns of the Developer. C6 r.+ •,N.2 /59532 ver on.uuczTOk Packet Pg. 560 C.13 33755.901-0W-MU-20873 16.A.14.b P"Sk a) cs) cis IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this if day of Octeivr ,2006. E SIGNED DiVosta Homes,LP IN THE PRESENCE OF: By: /Z-V Witness gL,sa 64- ,,„_ srt) '1/1*; 6LALLr CT Printed or typed name 0 Witness 4r. ---- 0.) C•1 Printed or typed name a) A I-1 EST: DWI - E.BRIt CI( CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY Nt A By i,Ujt $ Lmow— itt5S tj.-3 i; 7%4 By: a liga#tirt 0E41 Frank Halas,Chairman 0 (.) Appr e. as to form and Legal Sufficiency: -(;) lank0 Jeff E eh' Assista County Attorney Packet Pg. 561 416.1006 15, 22 Ver 6,,:MARTIN coo.* 03786-801.000-ESBM-2973 16.A.14.b PERFORMANCE BOND Bond No. 8840968 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation as 9148 Bonita Beach Drive Suite 102 Bonita Springs, FL 34135 c c. (hereinafter referred to as"Owner") and Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60195 847-605-6000 (hereinafter referred to as "Surety") y Suret ) are held and firmly bound unto Collier County, Florida, (hereinafte referred to as "County") in the total aggregate sum of two million seven hundred eighty two thousand 'u� four hundred forty eight and 54/100 Dollars ($2,782,448.54) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executor: w administrators, successors and assigns,jointly and severally, firmly by these presents. Owner and Suret o) are used for singular or plural, as the context requires. Nom\ THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Hampton Village and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions a, (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 c Commissioners of the specific improvements described in the Land Development Regulationsco (hereinafter the"Guaranty Period"). ., NOW, THEREFORE, if the Owner shall well, trulyand faithfully -0 perform its obligations and duties in -a accordance with the Land Development Regulations during the guaranty period established by the County, and c the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the Count o from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall7.1 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, a { 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 thero osed specific improvements. P P F p mems. 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 ful Packet Pg.562 16.A.14.b 08840968 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 alteratic addition or modification of any character whatsoever. N WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this FG) 19th day of June. 2006 . o_ WITNESSES: Pulte Home Corporation v„.• By: 1, ' cr Printed Name Printed Name/Title Calvin R. Boyd,Director of Treasury Operations 0 a) (Provide Proper Evidence of Authority) Lu •• a) (NI Printed NameC C•1 CD ACKNOWLEDGEMENT STATE OF Michigan COUNTY OF Oakland THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY OF June ,20 06 , BY Calvin R. Boyd AS Director of Treasury Operations OF Pulte Home Corporation WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public- State of Michigan (SEAL) 0 (1' r iFVE c.) ARI Colleen F. Currie,Notary YMO.STATE OF Mi *cf=" CO;;P-ITY OF OAKLAND 1.,.-Y,FiDES Apr14,412 ir11NG ti THF ocurTYQF Packet Pg. 563 16.A.14.b 08840968 Fidelity and Deposit Company of Maryland WITNESSES: (Surety Name and Title if Corporation) 7:17 t.1.71) 'It42 By: /1147 "'1214/1 'IL CtS Tracy Pisciotto Stephen T. Kaz r FL Lic. No. A137801 Attorney-in-Fact a) Printed Name Printed Name/Title (Provide Proper Proper Evidence of Authority) a) c a) ce) Printed Name ACKNOWLEDGMENT a)) STATE OF ILLINOIS 6") COUNTY OF DU PAGE THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th cc DAY OF JUNE , 20 06 , BY (NAME OF ACKNOWLEDGER)AS (TITLE) OF(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Power of At torneyAS .c IDENTIFICATION. Notary Public - State of 11 s "OFFICIAL SEAL" (SEAL) BONNIE J. KRUSE / Notary Public,State of Illinois Printed Name Bonnie J Kruse My Commission Expires 11/29/08 a) I c.) Packet Pg. 564 1 6.A.1 4.b . , ..--... Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ,.... KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.and the 71, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S -yorlOaryland, by (7 THEODORE G. MARTINEZ,Vice President,and GERALD F. HALEY, Assists •cireiiti'ssi 4;tisuance of authority — granted by Article VI,Section 2,of the By-Laws of said Companies, wia.ia. jo o•n the\ '--tr? side hereof and are 5 c hereby certified to be in full force and effect on the date her „-• .....6 giWriOirrinate,,coo*if. : .'.4 .ppoint Peggy FAUST, 2, Kelly A.JACOBS.Stephen T. KAZMER.Bo s -a' ifilleati lie JaNirlWii *iine MARCUS,James I. a t.... MOORE,Dawn MORGAN,Melissa t't by.,-. ' ene.V. 1 kinont.Illinois, EACH its true and lawful txt 1,2il , ,.., ,,_...., agent and Attomey-in-Fac • rig:41',i.--rt.\-\' '-;1\s•- a.1 • ". . : - '\..., a on its behalf as surety,and as its act and deed: any Tr and all bonds and nscq: ';'ugs-kne • :x.. .., r!4 •onds or undertakings in pursuance of these presents.shall be as ca r.• binding upon said • . 'e a- •111 • 1 t—r.0 :, ,to all intents and purposes,as if they had been duly executed and cis acknowledged by th ' le -• officers of the Company at its office in Baltimore,Md., in their own proper persons. (i) This power of attorney-fel.° es that issued on behalf of Peggy FAUST,Kelly A.JACOBS, Stephen T. KAZMER,Bonnie > KRUSE,Jennifer J. MCCOMB,Elaine MARCUS,James I.MOORE,Dawn MORGAN,Mary Beth PE JERSON,dated < March 6,2003. Vi cu m The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, ts Section 2,of the By-Laves of said Companies,and is now in force. re N WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and 5 affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL .7? AMERICAN CASUALTY AND SURETY COMPANY, this 24th day of April,A.D.2006. x w ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND cn" COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ...--, A.a64.... CNi „,ty 0 i Pok, 01%03444. ". 111, SEALS E ..., 4,. ),;,” -"1. _I/ `' _---... ,•, ,A /..---•"":"-. °.' ...,,,.. By: / sta Gerald F. Haley .4ssistant Secretary Theodore G.Martinez c.) c co State of Maryland c City of Baltimore } a) E On this 24th day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly E commissioned and qualified, came THEODORE G. MARTINEZ, 'Vice President, and GERALD F. HALEY, Assistant 72 Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who g executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals E affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said o Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above g E written. ,-- C.) ‘0,111.44, CO ' N`!- ..':'''. ,..)Y —S. '''''.,;f,,l:,‘' ..— Constance A.Dunn Notaty Public My Commission Expires: July 14,2007 Packet Pg. 565 POA-F 036-0013A 16.A.14.b Ave Maria Hampton Village Phase One Opinion Of Probable Cost a) a) ca Drainage $ 898,652 Paving $ 1,179,436 a E Lighting $ 129,743 = Earthwork $ 24,323 'R ca Irrigation (Code Minimum) $ 182,345 a) Landscaping (Code Minimum) $ 92,000 aa) rs Signing and Marking $ 23,000 Total Probable Cost $ 2,529,499 110% Bond Amount $ 2,782,448.54 w rn OPC Assumptions: 1.) For paving estimates,8"timerock base extends to B.O.C. 2.) For paving estimates, 12"stabilized subgrade extends to 1'past B.O.C. m 4.) This OPC is for the purposes of calculating FSP fees only. m 5.) Ciearing,excavation and embankment are excluded from this OPC, as those costs were previously covered under the Development Excavation Permit ts) and Vegetation Removal and Site Filling Permit SDP#1 (AR#6113). Q 6.) Lake excavation and rough filling costs are not included in this OPC,as this portion of development was previously completed in SDP#1 (AR#6113). m CC David J.Hurst,P.E. � FL Registration#60727 WilsonMiller,Inc-FL Lic.#LC-0000170 WitsonMitler,Inc.-Certificate 01 Authorization#43 O U F- a) E v ca a.: 'S£#'.gym..—�esnsF Packet Pg. 566