Agenda 05/22/2012 Item #16A 45/22/2012 Item 16.A.4.
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of subdivision improvements associated
with the Artesia Naples 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 Artesia
Naples subdivision.
CONSIDERATIONS:
On February 14, 2006, the Board of County Commissioners approved the final plat of Artesia Naples
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 August 26, 2011. We have received application from
the developer's engineer requesting an extension from the current expiration date of August 26, 2011,
to August 26, 2014.
The Plat has been recorded, the improvements have received preliminary acceptance. There is a
Construction and Maintenance Agreement and a performance security in place. On March 6, 2008, the
Land Development Services Department granted preliminary acceptance of the required subdivision
improvements.
Had the developer requested an extension prior to August 26, 2011, the approval would have been
perfunctory. All requirements and stipulations of the original approval would still be in full force and
effect. Land Development Services Department has received application on May 9, 2012, and
appropriate fees from the developer requesting the extension of completion of the required
improvements for the additional three year extension.
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 Fees
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
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5/22/2012 Item 16.A.4.
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
RECOMMENDATION:
For the Board of County Commissioners to approve the extension for completion of subdivision
improvements associated with the Artesia of Naples subdivision for an additional three years from
August 26, 2011 to August 26, 2014.
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 February 14,
2006, Agenda Item 16 -A6
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5/22/2012 Item 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4.
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 Artesia Naples subdivision pursuant to Section 10.02.05 13.11 of the Collier
County Land Development Code.
Meeting Date: 5/22/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
4/24/2012 10:25:48 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/25/2012 12:21:38 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 4/26/2012 8:45:59 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/2/2012 8:03:58 AM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 5/7/2012 8:04:08 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/9/2012 2:39:02 PM
Name: FinnEd
Packet Page -1353-
Title: Senior Budget Analyst, OMB
Date: 5/15/2012 3:28:57 PM
Name: OchsLeo
Title: County Manager
Date: 5/16/2012 1:42:37 PM
Packet Page -1354-
5/22/2012 Item 16.A.4.
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5/22/2012 Item 16.A.4.
Document Prepared By
Michael J. Delate, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this l day of lbt,4
—4 - __- _, 2006 between WCI
Communities, Inc., hereinafter referred to as "Developer ", and th Board of County Commissioners
of Collier County, Florida, hereinafter referred to as "The Board ".
RECITALS
Developer has, prior to the delivery of this Agreement, received the approval by the Board
of a certain plat of subdivision known as:
"Artesia Naples "
2. Chapter 10.02.04 of the Collier County Land Development Code allows 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 water, sewer, storm sewer, roads, landscaping and
irrigation improvements within 18 months from the date of approval of 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 of in the amount of $2,513,754.10 which amount
represents 10 %0 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.
RECEIVED
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5/22/2012 Item 16.A.4.
Page 2
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 designees for compliance with
the Collier County Land Development Code,
S• The County Manager or his designees shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer
Preliminary approval of the improvements; or b) notify the devel in wwriting of his
refusal to approve the improvements, therewith specifying P i ti writing which his
the
Developer must fulfill in order to obtain the Director's approval of conditions the improvements.
However, However, in no event shall the Developer Services Director 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 designees. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
County Manager or his designees inspect the improvements. The County Manager or his
designees or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the 10% subdivision performan ce security. The
Developer's responsibility for maintenance of the required improvements
unless or until the Board accepts maintenance r ty. shall continue
responsibility for 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 designees to reduce the
dollar amount of the subdivision performance security on the basis of work completed.
Each request for the reduction in the dollar amount of the subdivision
shall be accompanied by a statement of substantial completion by the Developer's engine
together with the project records necessary for review by the County Manager or his
designees. The County Manager or his designees 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 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 and maintained, pursuant to public advertisement and receipt of
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 construction, the final cost to the Board ti,ereof, including but not
limited to, engineering, legal and contingent costs, together with any damages, either direct
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5/22/2012 Item 16.A.4.
Page 3
or consequential, which the Board may sustain on account of the failure of the Developer to
carry out all of the provisions of the Agreement.
9• All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 1914day ofJA&�_ 2006.
Signed, Sealed and Delivered
in the presence of
(Printed or Typed N )
(Printed or Typed Name)
L i
Agest
BOVight.E. Biock, Clerke
of Collier County;_ -Ploridi
tte 1 7K /rte
111galtirs 6011'.
BY: WCI Communities, Inc.
BY:
Its Vice President,
Dan Ciesielski
Board of County Commissioners
O- - BY: ..�'
Frank Halas, Chairman
Approved as to form and legal sufficiency:
i
Jeff t
Assistant Collier County Attorney
Packet Page -1358-
5/22/2012 Item 16.A.4.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Artesia Naples (Master) ASLI VI, L.L.L.P.
923 N Pennsylvania Ave
Winter Park, FL 32789
(Hereinafter referred to as "Owner") and
Intemational Fidelity Insurance Company.
One Newark Center, 20th Floor
Newark, New Jersey 07102 -5207
973 - 624 -7200
BOND NO. SEIFSU0548307
(Name of Owner)
{Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(Telephone Number)
(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 -.Om hu' dad" at�,Imr U'Wmnd, bw hLrximdN w-wx=' 0/0°- Dollars
($ 194,486.60- ) 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 of a certain subdivision plat named Artesia Naples (Master) —On Site improvements and _that
cer_tain.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
Packet Page -1359-
5/22/2012 Item 16.A.4.
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 PERFORMANCE BOND to be
executed this 10th day of February , 2012.
WITNESSES:
Artesia Naples (Mast VI, L.P.
UhlM
By:
lSe�t(e volos=,�
Marvin M Shapiro, President
WITNESSES:
jnterna ' nal Fide Iit In rance Company
_
By: C
Printed Name: Bonnie Alexander
der, at%rney -in -fact & Florida resident agent
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF ORANGE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS loth DAY OF
February , 2012, BY MARVIN M. SHAPIRO , PRESIDENT OF ARTESIA NAPLES (MASTER) ASLI VI, L.L.L.P. ,
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
�! 'n, L'
Notary Public, State of Flo ' a @D Larg a ';AN C WHITFIELD
Printed name: rJs .� t_ l�, Ci.:;AMISg0t4 #EE21232
EXPIRES AUG 30 2014
SUSAN CWHrrFal" BONpEDW101M`�
Ru MiSUM1iCEWINtPllliY
IIOrAItY COMMISSION #
STATE OF FLORIDA EXPIRESAUG302014
1-00 am
COUNTY OF SEMINOLE 1qr BONMTHROUGH
Ru WMAX CE COMPANY
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 10th DAY OF
February-, 2012, BY LAURA D MOSHOLDER ATTORNEY -IN -FACT & FLORIDA RESIDENT AGENT FOR
INTERNATIONAL FIDELITY INSURANCE COMPANY., WHO IS PERSONALLY KNOWN TO ME, OR HAS
PRODUCED n/a AS IDENTIFICATION.
&ij�. Nolmy P�lia Ste* d Fbride
Natalie C Demers
N ary Public, State/of Florida @ Large My Commission EElON41
Printed name: Natalie C Demers 110 of L oTrsonot3
Packet Page -1360-
Tel (973) 624 - 7200 " PO "ER `OF . .ATTORNE 5/22/2012 Item 16.A.4.
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE; ONE NEWARK CENTER, 20TH FLOOR
NEWARK; NEW JERSEY 07102 -5207
KNOW ALL EN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a co porati
M on organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
.... .. ............................ ................ ......... ...........
`LAURA D. MOSHOLDER, EDWARD M: CLARK, KATHERINE S.' "GRIMSLEY
Sanford, FL.
.................................... ..........................
its true and lawful attorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, an and all bonds and undertakings ....................................
ontracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and
the execution of suchrinstrument(s) in pursuance of these presents,, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all mtenis and purposes, as if the same had been duly executed and: acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY' at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power-and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the - Company, and attach the Seal of the Company' thereto, bonds and
undertakings; contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Powerof Attorney is signed and sealed by facsimile pursuant:to resolution of the Board of Directors of said Company adopted ata. .meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding.upon the Company in the future with respect to any
bond or undertaking to which. it is attached.
ITY / /�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
Owl INTERNATIONAL FIDELITY INSURANCE' COMPANY
o c' SEAL `� m
9�4 STATE OF NEW JERSEY
y O County. of Essex
d b
.Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company, that. the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
%,P k f VA.Z. y4 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
gZ1$1.4� g
'•y,��it�N`EW'ttop - A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires March. 27, 2014
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do'hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the; copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 1, 0th day of Fehr aXy 2012.1
< Assistant Secretary
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5/22/2012 Item 16.A.4.
YPage 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Artesia Naples ", 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 "Artesia Naples ", a subdivision of lands located in
Section 4, Township 51 South, Range 26 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 "Artesia Naples ". 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 "Artesia Naples" be
approved for recording.
FISCAL IMPACT:
The project cost is $2,285,916.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 638,149.33
b) Drainage,
Paving, Grading - $1,647,766.67
The Security amount, equal to 110% of the
project cost, is $2,514,507.60
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: $70,892.48
Packet Page -1369-
5/22/2012 Item 16.A.4.
Fees are based on a construction estimate of $2,285,916.00 and were pa?44M 2 of 4
October, 2003.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5. /ac) -$ 2,315.00
b)
Construction Drawing Review Fee
Water &
Sewer (.75% const. est.)
C)
Drainage,
Paving, Grading (.75% const. est.)
d)
Construction Inspection Fee
Water &
Sewer (2.25% const. est.)
e)
Drainage, Paving,
Grad ing(2.25 %const.est.)
GROWTH MANAGEMENT IMPACT:
-$4,786.12
- $12,358.25
- $14,358.36
- $37,074.75
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.
HISTORICAL /ARCHAEOLOGICAL 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 "Artesia Naples" for
recording with the following stipulations:
1. Approve the amount of $2,514,507.60 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 -1370-
Packet Page -1371-
5/22/2012 Item 16.A.4.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
;f;Af;
Item Summary:
Recurninennt*, t� approve for reccrdrin
lne final plat of Artesia Naples, apoioval ei the
standard Corm Co suvahon and hlaintenarnr;a
.Ayraerneot of the finlount of the
prarlormance secnr:ty
Meeting Date:
2114I200� 9.00:00 AM
Prepared By
Joho Hautd' —V
Scalor Engineer
Date
Community Development &
Environmental Services
Engineering Services
1f241200G 1:06:47 PM
Approved By
Constance A. Johnson
Operations Analyst
Dale
Community D—I.fa aent &
Community Development R
Environmental Services
Environmental Services k0tom.
11261200E 2:04 PM
Approved By
Thomas E. Kuck. P.E.
CDES Engineering Services Da.ctor
Date
Community Development &
Environmental Services
CDES Engineering Services
1124/2006 2:41 PM
Approved By
Sandra Lea
Executive Secretary
War
Community Devetopment &
Community Devefvgment &
Environmontal Services
Enviroomeatai Services Admix,.
11251200E 9:00 AM
Approved By
C—an ity Orvelogmunl. &
Joseph K. Schmitt
Date
Environ.. —tMl Schisms Adminstrat.•
Crnnmunity Development &
Community Development &
EYivlYVnmenf:ai $.NICE'•£
EriVlronnleninl rsCh'ICeS AdmVn.
1!2812006 x:14 AM:
Approved By
OMB Cocrdinator
Administrative Assistant
Date.
County Manager's Office
Otfics of Management & Budget
1130:d00G 2:47 PtJ,
Approved By
Mark isacksdn
Budpot Analyst
Date
County Manager's Of-,
Oilicc of Management & Budget
130x20063:05 PM
Approved By
Lea E. Ochs, Jr.
Deputy County Manager
Gate
Board of County
Cvmmissianers
Cdunfy Manager's Office
1131+2006 5:15 PNI
Packet Page -1371-
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