Agenda 02/10/2015 Item #16A 4 2/10/2015 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve an extension of five years for completion of subdivision improvements
associated with Andalucia (AR-6156) pursuant to Section 10.02.05 C.2 of the Collier County Land
Development Code.
OBJECTIVE: To have the Board of County Commissioners (Board) approve a five year extension
for the completion of subdivision improvements associated with Andalucia.
CONSIDERATIONS: On March 8, 2005, the Board approved the final plat of Andalucia. On
May 16, 2006, the Growth Management Division granted preliminary acceptance of the required
subdivision improvements. Section 10.02.05 C.2 requires that construction must be complete within
36 months of approval of a subdivision plan and plat. The permit expired on February 1, 2011. The
owner has requested an extension for completion of construction which would be retroactive and
extend to February 1, 2016. On February 11, 2008, the plat received a one time, one year extension
until February 14, 2009, which was the maximum allowed under the old LDC subdivision
regulations. The Code also allows for 2, two year extensions which the developer had not previously
requested. Since this request has been made after the expiration date, the Board of County
Commissioners must approve the request. The project technically expired on February 1, 2011. The
improvements are substantially completed however the developer would like to wait until
construction of homes is complete before installing the final lift of asphalt. The county currently has
a Performance Bond in the amount of$173,662.12 as a performance guaranty.
On March 8, 2011, a Conditional Final Acceptance was granted by the Board as evidenced by
Resolution 2011-45. At that time, it was anticipated that the remaining improvements would be
completed within 12 months.
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: $750.00 Extension Fees
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
RECOMMENDATIONS:
1. That the Board accepts the applicant's extension request together with the appropriate fees.
2. Approve a five year extension until February 1, 2016 for Andalucia (AR-6156) so that the
developer may be in compliance with the time limit requirements of the Land Development
Code.
3. The extension approval is subject to the terms and conditions contained in the original approval
letter.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review, Growth
Management Division
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Attachments: 1) Resolution and 2)Performance Bond
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve an extension of five years for completion of
subdivision improvements associated with Andalucia (AR-6156) pursuant to Section 10.02.05
C.2 of the Collier County Land Development Code.
Meeting Date: 2/10/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
1/5/2015 3:52:55 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 1/6/2015 4:45:12 PM
Name: McLeanMatthew
Title: Project Manager,Principal, Operations and Regulatory Management
Date: 1/7/2015 8:09:25 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/14/2015 9:59:29 AM
Name: Stone Scott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 1/21/2015 2:57:02 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/29/2015 11:41:51 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/30/2015 8:42:26 AM
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Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 10:53:33 AM
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RESOLUTION NO. 11-....:45
A IRt1ESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF CeCI:LILIER COUNTv,
FLORIDA AUTHORIZING CON:DIITION.A►1L,
FINAL ACCEPTANCE OF CERTAIN ROADWAY
AND DRAINAGE IMPROVEMENTS IN
ANDALUCIA PIURSUANT TO SE'CCI I CON 10.02.05
C.8 OF THE COLLIE;IR. COUNTY LAND
I)EVELOIP'ME;NT CODE, AND ACCORDING TO
THE PLAT THEREOF IR;ECOR.D'EI) IN PLAT
BOOK 43, PAGES 93 THROUGH 97; RELEASE
OF THE MAINTENANCE SECURITY, E;xCIEPT
TO THE EXTENT REQUIRED UNTIL
COMPLETION OF THE FINAL LIFT OF
A:SPIHIALT; THE ROAI)W.AY AND DRAINAGE
IMPIRQVEMI:NTS WILL BE MA.INTAIN'ED BY.
THE ANDALUCIA HOMEOWNEFtS'
ASSOCIATION, IGVC,
WHEREAS, the Board of County Commissioners of Collier County., Florida, on
March 8,2005, approved the plat of Andalucia 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, Conditional final acceptance of the
roadway and drainage Irnprovements; and
WHEREAS, the Land Development Services Department has inspected the
roadway and drainage improvements, and is recommending Conditional acceptance of
said ;facilities.
NOW, THEREFORE., BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Conditional final
acceptance is hereby granted for those roadway and drainage improvements in Andalucia,
pursuant to the plat: thereof recorded in Plat 1300k 43„ pages 93 through 97, and the Clerk
is hereby authorized to release the maintenance security, except to the extent necessary
for completion of the final paving.
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BE IT FURTHER RESOLVED AND ORDE]R.EI) that the raadvvay and drainage
improvements within Andalucia will be maintained privately iin the future and will not be
the resportsibiaity of Collier County.
This Resolution adopted after motion, second and majority vote favoring same,
this._VII day of �+!�1:r�---__—, 2011.
"■4'" • BOARD OF COUNTY COMMISSIONERS S•
IONERS.ACTES; `‘ w ( OLLIER COUNTY, FLORIDA UIE, TT FBRC 1( .tLER K
alit• •-r, (Ai
• c0 ri3 ;0k FRE1) W.. COYLE, CHAIR R .A.N
Approved ai�to•
4004141.m and legal
sufficiency:
1,„LIV
•
Steven T. Williams ,-rte
Assistant Collier' County Attorney t-�!
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COLLIER_COUNTY LAND DEVELOPMENT CODE
PERFORMANCE IRO l\I)
BOND NO. 103,1801
KNOW ALL PERSONS BY THESE PRESENTS: that
\ti'SitC-I ANDALLCIA.VI,LL(:
900 N. MICELIGAN AVENUE,SLATE; 1900
;:F[1[tCE1C:�C1, f1L 60(11
(hereinafter referred to as "Owner")and
LEXON INSURANCh COMPANY
900 S. FRONTAGE .RJR..,STE.2:50
WOOD;R.IDGE,IL 60517
(hereinafter referred tc as"Surely")are held and firmly bound unto Collier County,Florida,
(hereinafter referred to as "County") in the total aggregate sum of Three Hundred 'Ihirty Six Thousand Three
Hundred Twenty Six andl 751100 Dollars (S336,326.75) 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 Chwrier has submitted for approval by the Board a
certain subdivision plat named Andalucia' 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 Regulation;
(hereinafter the"Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfullly perfbnn its obligations and duties in accordance with
the Land Development R.eguliations 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 iirnprcvements.
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..
IN WITNESS WHEREOF, the parties hereto have caused this PEIRFORNIANCE. BOND to be executed this 18'i day
of February,20 I C.
(Owner's witness and signature block)
(Surety's witness and signature block)
(notary and acknowledgment for both Owner and Surety required)
LDCA:6
, L
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Bond No. 1034801
Page 2.
WSC-L ANDALUCIA VI, t..L.C„
a Delaware limited liability company
By: Walton Andalucia Investors VI, LIT_
a Delaware limited liability company
Its Managing Member
By: Walton Acquisition REIJC Master VI, L.L.C.
a Delaware limited liability company
Its Sole Member
By: Walton Street Real Estate Fund VI_Q, L.P.,
a Delaware limited partnership
Its Managing Member
3y: VValton Street Managers VI, I_.P.,
a Delaware limited partnership
Its General Partner
By: WSC Managers VI, Inc.,
a Delaware corporation
Its General Partner
/ r `
By:
Tithe: II_'_ c141+n".T
Witness:
�.i
G y
By i:1,0
Primed Name G_ri t22:5L
L]EXON. INSURANCE COMPANY
Dawn L. Morgan, Attorney-in-Fact
FL Lic. No. P0111322
Witness:
By: '� c � j ;.4:.>'-c- �z�)
Bonnie J. [(ruse
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• ]LE.XON INS1URAJNC1E COMPANY
Decrease 13ond Penalty Rider
To be attached to and fo,7rm a part of Bond No. 1034801
Effective: February 18,2010
Bond Amount: S336,326.75
Principal: WSC-L Andalucia VI,L.L.C., a Delaware limited liability company
900 North Michigan Ave.,Ste. 1.900,Chicago„IL 60611
Surety: Lex:on Insurance Company
900 S. Frontage Rd., Ste.250,'W'oodriid e,11 60517
Obligee: Collier Co.., Florida
2800 North]Horseshoe D:r., Naples,1FL 34104
in consideration of the mutual agreements herein contained.,the Principal and Surety hereby
consent to:
Effective February 14.,2011,t:he penal sum of this bond is hereby reduced from:
$336,326.75 to$173,662..72..
Nothing herein contained shall vary, alter or extend any iprovision or condition of this bond
except: as herein expressly stated..
Signed and Sealed: March 8, 2.011
WSC-L L..L.C.,a Delaware limited liability company
Principal
(See page 2 signatory page)
Lexon[ Insuraunce Company
Surety
(See page 2 signatory page)
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, Bond No. 103.4801
Page 2
wsc:-L ANDA,LUCIA VI, I..L.C.,
a Delaware Limited liability company
By: Walton Andalucia Investors VI, L.IL,C.
a Delaware limited liability company
Its Managing Member
By: Walton Acquisition REOC Master VI, L.L.C.
a Delaware lirnitecl liability company
Its Sole Member
13y: Walton Street Real Estate Fund 'Vt-Q, L.P.,
a Delaware limited partnership
Its Managing Member
By: Walton Street Mlanag;ers VI, L.P.,
a Delaware limited partnership
Its General F'arl:ner
By: WSC ;Managers VI,, Inc.,
a Delaware corporation
Its General Partner
By: �-L_:.;/ , <`- -
Narr�e:: _ Z�2�s!E -�-- --_,l ...,1(cc4,_ -
/ ,/ f ,i / /' Title: '610:4_ � (VS'Cd,c,1t`-
Wihne��� / ( / / / /
9 -4-`/ t7.(4/__
":41A 1-ir- ->
Printed Name_ Mdtf".;EW—g, Glcg.'
L]FX.ON INSURANCL 'COMPANY
B y: ( A, `.etlA " 'c' l/i",!%z% •aa.t,_--
Lhawn L. Morgan, kticm e' in-]Fact
FL Lic.No. P01132.2
Witness: 1/
Bv: / / /J _%e-� -ecr.-•1\Li -'r- , , -4=Lt--
Bonnie J. Kruse:
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POWER OF ATTORNEY 2/10/2015 16.A.4.
Lk. - 71 856
LexOrk Insurance CLc)1npran,y
-
KNOW ALL. MEN E3Y THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation. with its principal office in
Jisville, Kentucky,does hereby constitute and appoint:
James I.Moore,Bennie K.ru,>e,Step:ien T'.Kaz:mer,Dawn L.Morgan,Peggy Faust,*************
Kelly A.Gardner Elaine lvlarcus,Jennifer J.McComb,:Melissa Schmidt,icel E..Speck.r.an,Heather A Beck,Tariese NI.Pisciotto***********************
its true and lawful Attorney(sj-In-Fact to make, execute, 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 of Directors of LEXON
INSURANCE.COMPANY on the 1st day of July, 2003 as follows:
Resolved,that the President of the Company is hereby authorized to appoint and errpower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, po icies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00,Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed. may be removed for good cause and the author'ty so granted may be revoked
as specified in the Power cif Attorney.
Resolved, 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 of the Vice President,and the seal of the Company may be affixed by facsimile 10 ary 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 certificate' 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.
IN WITNESS THEREOF LEXON INSURANCE COMPANY has caused this instrument to be signed by its President and its
Corporate Seal to be affixed this 2nd day of July,2003.
ca�'=e=z
LEXON INSURANCE COMPANY
, A, ,Zc % i/..--� j/
Ic ,TEXAS » -0 ��
`< IMal1RANiCE EBY I' .4.:---1,--7�/ -
1i COMPANY '`'
>�: n D<tv d E. Campbell
7 President
k\\ =pv-25 ACIKNOWLEL)QiIE.MEEINIIf
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known,who being duly sworn, did depose and
say that he is the President of LEXON IINSUIRANCIE 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 By-laws of said corporation.
"OFFICIAL S8£.A J)
MA1LREIIN:K:.AYE, / LV1 / ,
Notary Public:,State.of Illinois / f V �C X_./C. -'- . l
My Commission Expires 09,71113 � Maureen K.Aye '
'-
CERTIFICATE Na:Exy Public
I, the undersigned, Secretary of LEXON (INSURANCE COMPANY, A Texas Insurance Company, DC) HEREBY CERTIFY that the
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 the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this_ 24th Day of February .o0 :f 1
9 f�7R A:I P CO
(�'» TEXAS �-o �\ /'/ / /
I
;C INSURANCE 1 ) /) 1 ij
l COMPANY ,•t= -- :)441t4).4- L11 ->'�,
* ** Donald D. Buchanan
.. 0g, Secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or
statement of claim containing any materially false information,or conceals for the purpose of misleading, intarma+iion concerning any fact materi-
al thereto,commits a fraudulent insurance act:,which is a crime and subjects such parson to crimtnal and civil penalties."
`�
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ACKNOWLEDGMiE.NT OF SURETY
STATE OF ILLINOIS }
} S.S.
COUNTY OF DUPAGE }
On February 24,2011, before me, a Notary Public in and for said County and State,
residing therein, duly ccamrmiss:ioned and sworn, personally appeared. Dawn L. Morgan,
known to me to be e.tt:oriney-in•-:Fact of Lexon Insurance C'onnpany,the corporation
described in and that:executed the within and tbregoin€; 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 WHEREO:F, if have hereunto sett my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires on November 29, 2j01 2 oFFICI,�L:SE.La_
PEU{OENC IF
1 _ NOTAFY' ST KAFTIUI OF
ILLINOIS
s _ [ -Z� .f_ , � 2
��.'� d°_ ` < �1.-_C-__-
A Y COMMISSION EXPIRES 1■I01/FvBER 29,2012
Notauy Public Eor.(fiie J. } rLm--
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February 14,2011
Ms. Dawn,Morgan, A.ttomey-in-Fact
Lexon Insurance Company
900 S. Frontage Rd., Ste. 250
Woodridge, IL. 60517
RE: Performance Bond No. 1034801 /WSC•-L Andalucia Vi, LLC
Dear Nils. Morgan:
Please be advised that based on the work completed to date, the subjectF'f;a.Forman���
Bond may now be reduced by $162.664.63, leaving an available balance of$173,662.12.,,'
An original Bond .Rader should. be directed to this office reducing the_Yfd�me-3 t crefif,
"all other terms and conditi.o:ns of original Performance Bond to remain in full force and
effect".
If I can be of any further assisltan.ce to you in. this regard, please let me know.
Sincere]y„
John R. Houldsworth.
Senior Site Plans Reviewer
Cc:: Wilson]Vii[l.cer
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