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Agenda 05/08/2012 Item #16A55/8/2012 Item 16.A.5. EXECUTIVE SUMMARY Recommendation to approve an extension for completion of subdivision improvements associated with the Manchester Square subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. OBJECTIVE: To approve an extension for the completion of subdivision improvements associated with the Manchester Square subdivision. CONSIDERATIONS: On April 25, 2006, the Board of County Commissioners approved the final plat of Manchester Square for recording. A copy of the original Executive Summary is attached. The Land Development Code requires that upon approval by the Board of County Commissioners a plat must be recorded within 18 months and the associated subdivision improvements must be completed within 36 months unless an extension is formally requested and granted by the Land Development Services Department. A previous extension was granted and expired on March 28, 2012. The Plat has been recorded, the improvements have received preliminary acceptance and there is a performance security in place. On April 11, 2011, the Land Development Services Department granted preliminary acceptance of the required subdivision improvements. Had the developer requested an extension prior to March 28, 2012, the approval would have been perfunctory. 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: $150.00 Extension Fee GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this Executive Summary for legal sufficiency. This item requires a majority vote. This item is ready for Board consideration and approval. STW Packet Page -310- 5/8/2012 Item 16.A.5. RECOMMENDATION: To approve the extension application subject to the recommendations of the Executive Summary of April 25, 2006. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development Services /Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) Performance Security 3) Executive Summary from April 25, 2006, Agenda Item 16 -A4 Packet Page -311- 5/8/2012 Item 16.A.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. 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 subdivision improvements associated with the Manchester Square subdivision pursuant to Section 10.02.05 13.11 of the Collier County Land Development Code. Meeting Date: 5/8/2012 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm 4/12/2012 2:58:53 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 4/13/2012 8:37:41 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 4/13/2.012 10:06:35 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 4/13/2012 10:24:03 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/24/2012 2:07:58 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 4/26/2012 9:00:14 AM Name: KlatzkowJeff Packet Page -312- Title: County Attorney Date: 4/27/2012 9:40:55 AM Name: IsacksonMark 5/8/2012 Item 16.A.5. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/30/2012 11:50:00 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/30/2012 11:56:42 AM Packet Page -313- DJ O Z D 3 D n m m ch r iJ C D M m En m 3 D rvor ro scAiE tem 16.A.5. 5/8/20121 yam0 GOODIETTE -FRANK ROAD mm FRANK BOULEy ARD `zm N MILOERN 5 y% (C.RB51) 300 ACRE GODDLETTE ROAD POD xg s� nt Zym Y11� fnb J ay ° -iSa m 9Z O �i CARILLON Tj LTA i° m m AIRPORT -PUWNG ROAD (C.R. 31) : m MRPOW -.R 331) R0AD i= a£ Fn xE nz mg oQ a- y ( £ D> PDICAN MARSH 9y - cNow NO S0NlArl LMNGSTON ROAD ttii r 5 n a INTERSTATE •75 INTERSTATE -75 O g m 0 o m BANTA 8OtA.EVARD .- S LOGAN BOULEVARD A " rvor ro scAiE tem 16.A.5. 5/8/2012 Item 16.A.5. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS at Manchester Square (on -site) THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this Z g r" day of %e P1. 920 6t,_ between WCI Communities, 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: N6An1 LAL1tx L- %t . S a u A-%L9 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: 44XxoAY, �QAtiwAt� wATUSZ $, SE.tz-tv2. within 24 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 reference made a part hereof) in the amount of $1 ,315,789.20 which 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 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 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 Packet Page -315- 5/8/2012 Item 16.A.5. 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 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 an shall be binding upon the Developer and the respective successors and assigns of the Developer. Packet Page -316- 5/8/2012 Item 16.A.5. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to I` be executed by their duly authorized representatives this L ¢ rx day of Sep i , 2066 TABLE INSET: SIGNED IN THE PRESENCE OF: (Name of Entity) Printed name ,j Na4e, Vice President Printed name WCI Communities, Inc. ATTEST: DWIGHT E BROCI�, CLERK BOARD OF COUNTY COMMISSIONERS z OF COLLIER CO , LORIDA Q.0 By: Depi jqUlq Ma Iran s Chairman F"NK 14/4LAS� Approved as to form and legal sufficiency: -BY: IJeff E. ig t, ssistant County Attorney Packet Page -317 - h 5/8/2012 Item 16.A.5. PERFORMANCE BOND Bond No. 1016835 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities, Inc. EXHIBIT 24301 Walden Center Drive Bonita Springs, FL 34134 (hereinafter referred to as "Owner ") and WOMMMEN Lexon Insurance Company 1919 S. Highland Ave., Bldg -A, Ste. 300 Lombard, IL 60148 (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 Three Hundred Fifteen Thousand Seven Hundred Eighty Nine Dollars and Twenty Cents ($1,315,789.20) 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 will complete the requirements of development order permit no. 2005100047 for the project "Manchester Square" pursuant to Collier County Ordinance No. 91 -102, as amended (hereinafter referred to as "Land Development Regulations "). This obligation of Surety shall commence on March 1, 2006, and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, ( "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 -318- 5/8/2012 Item 16.A.5 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 23rd day of February, 2006. WITNESSES: PrintedYame Printed Name WITNESSES: , `- Heather A. Beck Printed Name Melissa Schmidt Printed Name (Owner's witness and signature block) WCI Communities, Inc. 1/r. e� �2 � s���•vT Printed Name to include Title (Surety's witness and signature block) Lexon Insurance Company By:(,� Dawn L. Morgan. Attorney -in -Fact Florida License # P011322 Printed Name to include Title (Separate notary and acknowledgment for Owner and Surety required) STATE OF jL 0 /L1 b q COUNTY OF L �Ee �`��� ••TE "� W The foregoing PERFORMANCE BOND was acknowledged before me this z V4 day of t1 LI2 S% , 2012, by Al c S i as Ul&e De�T' of WCI Communities, Inc. o is personally known _tome_- or has produced ) /A- as identi ica ion. V -I^-- NOTARY BLIC - STATE OF /L6141 (-,Vg a, PRINTED NAME STATE OF 144irtais Packet Page -319- AMWJ 5/8/2012 Item 16.A.5. COUNTY OF DuPag? The foregoing PERFORMANCE BOND was acknowledged before me this 23rd day of Eghrualy, 2006, by Dawn L. Morgan as Attorney -in -Fact of Lexon Insurance Company who is personally known to me, or has produced Drivers License as identification. NOTARY PU LIC — STATE OF Illinois Melissa Schmidt PRINTED NAME OFFICIAL SEAL MELISSA SCHMIDT NOTARY PUBLIC . STATE OF ILLINOIS MY COMMISSION EXPIRES:06123 /08 Packet Page -320- (SEAL) 5/8/2012 Item 16.A.5. .r. _ Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Manchester Square ", 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 "Manchester Square ", a subdivision of lands located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99 -199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Manchester Square ". 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 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. Engineering Services Department recommends that the final plat of "Manchester Square" be approved for recording. FISCAL IMPACT: The project cost is $1,417,476.45 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $603,561.78 b) Drainage, Paving, Grading - $813,914.67 The Security amount, equal to 110% of the project cost, is $1,559,224.10 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: $43,709.30 Packet Page -321- 5/8/2012 Item 16.A.5. Fees are based on a construction estimate of $1,417,476.45 and were paTdi; 2 of 4 October, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 1,185.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) -$4,526.72 C) Drainage, Paving, Grading (.75% const. est.) -$6,104.36 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $13,580.14 e) Drainage, Paving, Grading(2.25 %const.est.) - $18,313.08 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Manchester Square" for recording with the following stipulations: 1. Approve the amount of $1,559,224.10 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering 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 Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Packet Page -322- A CA O C D A O D O Z D V L/ M 0 AIL nOT TD WAkE g� A $_�Q g yy5/8/2012 GOODLErr&FRAN KROM CA 831) , n `RWAw*X&EM0 ° dip LgFI �5S`CfR (CR asq Mo PM COWTTF IE ROAD RM + m u, mcALC i z �n � ---- - - - - -- - -- ------- - --- - -- ---- ----------- FPLL FASEIIQ,T N -0IA111GROM A31) y CARIU 9 nT� L7� F (+� 5 AFIPORTGJL31) ROAD (OA ]1) < e�i pia — "------- - - - - -- R'•L EA4ddT §F LMNGSMN RD pD Z. , OD UYN0610N ROM i3 j d N MA fl> f 6 P CAN 9� LIMGBTON ROM 9 4 N OV.ROiSONw, < $z �1 C q € O O� rn NiBtBUTE -76 0 O NiIEABGIE•73 0 m o T.A c 4 c BOLLNARD g LOOAN BOU"ARD AIL nOT TD WAkE g� g g m u, z i z �n ---- - - - - -- - -- ------- - --- - -- ---- ----------- FPLL FASEIIQ,T - -- — "------- - - - - -- R'•L EA4ddT LMNGSMN RD OD UYN0610N ROM f a � M �1 C q € O rn Pack t Page Item 16.A.5. 14 D CD CL T-a CD ol CD CJ( t o C)D 5/8/2012 Item 16.A.5. ° Page '4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A4 Item Summary: Recommendation to approve for recording the final plat of Manchester Square, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Meeting Date: 412512006 9:00:00 AM Prepared By John Houldsw orth Senior Engineer Date Community Development & Engineering Services 4/312006 9:22:03 AM Environmental Services Approved By Thomas E. Kuck, P.E. ODES Engineering Services Director Date Community Development & ODES Engineering Services 4/312006 9:29 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 413/2006 11:00 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 4(662006 8:37 AM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Administrative Assistant Date County Manager's Office office of Management & Budget 4610/2006 10 :49 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 41/2/2006 1:54 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County 461312006 12 :27 PM County Manager's Office Commissioners Packet Page -324-