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Agenda 04/13/2021 Item #16A10 (Del Webb Naples Parcels 110 & 113, PL20130002507)04/13/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Del Webb Naples Parcels 110 & 113, Application Number PL20130002507, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, and authorize the release of the maintenance security. CONSIDERATIONS: 1) On December 15, 2014, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Del Webb Naples Parcels 110 & 113. 2) The roadway and drainage improvements will be maintained by Del Webb Community Association, Inc., and Ave Maria Stewardship Community District. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on February 26, 2021 and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by Del Webb Community Association, Inc., and Ave Maria Stewardship Community District. The existing security in the amount of $73,369.65 will be released upon Board approval. The original security in the amount of $488,385.15 has been reduced to the current amount based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated May 15, 2014. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Del Webb Naples Parcels 110 & 113, Application Number PL20130002507, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.10 Packet Pg. 599 04/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 15208 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Del Webb Naples Parcels 110 & 113, Application Number PL20130002507, and authorize the release of the maintenance security. Meeting Date: 04/13/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 03/05/2021 10:54 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 03/05/2021 10:54 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/05/2021 11:20 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/05/2021 12:42 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/05/2021 2:41 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 9:01 AM Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 9:38 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 8:54 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 10:03 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:24 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 1:31 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 11:48 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM 16.A.10 Packet Pg. 600 DEL WEBB NAPLES PARCELS 110 & 113 LOCATION MAP 16.A.10.a Packet Pg. 601 Attachment: Location Map (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISIO IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this/5 day of &)' , 2014 between Pulte Home Corporation, 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 ofcertain plat of a subdivision to be known as: Del Webb Parcels 110 and 113. 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 Developer and the Board do hereby covenant and agree as follows: 1.Developer will cause to be constructed:Roadway, drainage, water & sewer improvements forth, within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referredto 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 $ 488,385.15 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost 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 such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed andapproved 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, therewith specifying those conditions which the Developer must fulfill in order to obtain the CountyManager's 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 improvements. However, in no event shall the County Manager or hisdesignee 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 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. 1 of 3 16.A.10.b Packet Pg. 602 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 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 and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the D�eloper have caused this Agreement to be executed by their duly authorized representatives this 15 1 day of ____ / ___ / C'.1,ry , 20_1.!i_. SIGNED IN THE PRESENCE OF: Printed Name ,7 /\ r"-0(� I ,-.j ,..., l L¥At.J;) C L ATTEST: _________ _ DWIGHT E. �Rp.�1�,CC�ERK • � 1.· Printed Name/Title / _ .J 7?e.,;_ � �(President, VP, or CEO) £..4;,P/ -.,, J · (Provide Proper Evidence of Authority) TOM HENNING, CHAIRMAN 16.A.10.b Packet Pg. 603 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation 24311 Walden Center Drive Suite 300 Bonita SprinQs FL 34134 (Hereinafter referred to as "Owner") and Berkley Insurance Company 2000 S. Colorado Blvd., Annex Bldg, Suite 410 Denver, Colorado, 80222 303-357-2616 BOND NO. 0166390 (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 rourh\indrldl'91\1Ytlg11ithou11ndthrnhundrtdolgl,ty8vo1nd151100 Dollars ($488,385.1 5 ) 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 Del Webb Phase II, Parcels 110 & 113 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 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 16.A.10.b Packet Pg. 604 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 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 WITNES� WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of May · / 2014. ! _____ PRINCIPAL Printed Name 'Bry�e �!l?D.-A.$s.i�.t�t Treasurer SURETY Berkley Insurance Company Jessica Hollaender, Attorney-in-Fact ACKNOWLEDGEMENT OF PRINCIPAL STATE OF ___ G_EO_RG_IA _______ _ COUNTY OF __ F_0_L:r_O_iJI _______ _ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 12th / Kay / ___ ___, 20 14 , by Bryce Langen (NAME OF ACKNOWLEDGER) AS Asst. 11:reasurer (TITLE) OF Pulte Home · Corporation (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED , personally known AS IDENTIFICATION. Notary Public -State of Georgia (SEAL) ����·. Prrrited NameShtrl.ey E. Hutchins SHIRLEY E HUTCHINSNotary Public FUiton County State of GeorgiaMy Commission Expires Apr 17, 2018 IN WITNESS OF PRINCIPAL AS PERSONALLY KNOWN ON THIS 12th day of Kay, 2014 BY: .� Gre rives Treasury Analyst BY: Aliya Ka ---­ Sr. Tresury Analyst 16.A.10.b Packet Pg. 605 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) C�erCounty + � ,.,_w SW Growth Management DMsion Planning & Regulation Land Development Services July 23, 2015 Berkley Insurance Company 2000 S. Colorado Blvd., Annex Bldg. Ste. 410 Denver, Colorado 80222 RE: Performance Bond No. 1066390 / Pulte Home Corporation Del Webb at Naples Parcels 110 & 113 Dear Sir or Madam, Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $415,015.50, leaving an available balance of $73,369.65. The remaining surety represents 100% of the uncompleted improvements, plus $44,398.65 as the required 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, John BOUldSWOrth John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Jeremy Arnold, PE, Waldrop Engineering ---Ci>·--- Land DevelopmentSe!vices • 2800 North Horseshoe Drive• Naples, Florida 34104 • 239-252-2400 • www.colliergov.net 16.A.10.b Packet Pg. 606 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) BOND RIDER To: Collier County. FL To be attached to and form part of Bond No. 0166390 issued by Berkley Insurance Company on behalf of: Pulte Home Corporation It is agreed and understood that the bond amount shall be reduced FROM: $488,385.15 $73,369.65 This coverage is to be effective: July 23'd,2015 Signed, sealed and dated: August 11th, 2015 Berkely Insurance Company Attorney in Fact TO ,, Broker of Record: Wells Fargo Insurance Services USA,Inc. 100 West Washington Street,4th Floor Phoenix, AZ 85003-1808 602-s28-3061 16.A.10.b Packet Pg. 607 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) No. BI-7991c POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validiry thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporarion duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Jessicu Hollsender or Jeremy R. Potk of ll/ells Fargo Insurance Services USA, Inc. of Phoenix, AZ itstrue and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliverany and all bonds and undertakings, with the exception of Financial Guaranfy lnsurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Anorney shall be consrrued and enforced in accordance with, and govemed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Aftomey is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other surefyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other surelyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power ofaftorney or certification thereofauthorizing the execution and delivery ofany bond, undertaking, recognizance, or other surefyship obligation of the Company; and such signafure and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. Seal) o -o () L(n q. q).= a9 to E H(.)t? 9O co c).L LO()v>-?=oe oI Lti u() ^AO AL 0)- oo- €J otr-oo .Y()edE-o()() dFrod gq) .=a Oo ^a9-r6(D!.!6 tsor (i! >,() dc,ot.- rF1 (! ZIE-7t i) qt ECI3 0.,TE ese presents to be signed and attested by its appropriate officers and its 2015 Attest:Insurance By By. lra S an Hafter Senior Vice President & Secretarv President trVAPNING: THTS POWER TNVALID IF NOT PRINTED ON BLUE..BERKLEY" SECURITY PAPER. IN WITNESS WHEREOF. the Comoanv has cor?orate seal hereunto affixed thi*il6av of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this s'r'ATE OF CONNECTTCUT ) ) ss: COUNTY OF FAIRFIELD ) Swom to before me, a Notary Public in the state of connectic ut,thisJbl/ttay of Jelfrey M. Hafter who are swom to me to be the Senior Vice President and MARIAC. BUNDBAKEN NOTARY PUBLIC MY COMMISSION EXPIRES APBTL 30, 2019 CERTIFICATE Senior Vice 2015, by Ira S. Lederman and resDeciively, of Berkley lnsurance Company t, Iic, State of Connecticut I, rhe undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, Do HEREBY CERTIFY that the foregoing is a true, correct and complete copy of thl original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Aftorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of of Att (Seal) 1lth day Andrew 2015 16.A.10.b Packet Pg. 608 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) lnstructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley lnsurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-353,1 or email BsGlnquiry@berkldysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: 0r email BSCClaim(a berklevsuretv.com Please include with all notices the bond number and the name ofthe principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. Berkley Surety Group 412 Mount Kemble Avenue Suite 3l0N Morristown, NJ 07960 Attention: Surety Claims Department 16.A.10.b Packet Pg. 609 Attachment: Bond Basis (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) RESOLUTION NO. 21- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN DEL WEBB NAPLES PARCELS 110 & 113, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 55, PAGES 90 THROUGH 93, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 8, 2014, approved the plat of Del Webb Naples Parcels 110 & 113 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 final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Del Webb Naples Parcels 110 & 113, pursuant to the plat thereof recorded in Plat Book 55, pages 90 through 93, and the Clerk is hereby authorized to release the maintenance securities. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Del Webb Naples Parcels 110 & 113 will be maintained privately in the future and will not be the responsibility of Collier County. [21-EIS-04406/ l 59683 7 /1] Page 1 of 2 16.A.10.c Packet Pg. 610 Attachment: Resolution (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) This Resolution adopted after motion, second and majority vote favoring same, this ___ day of ______ , 2021. DATE: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry () Assistant County Attorney \}':}'I, 1,, \_\\,0\ [2 l-ElS-04406/1596837/l) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:------------­Penny Taylor, Chairman Page 2 of2 16.A.10.c Packet Pg. 611 Attachment: Resolution (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 16.A.10.dPacket Pg. 612Attachment: Plat Map (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 16.A.10.dPacket Pg. 613Attachment: Plat Map (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 16.A.10.dPacket Pg. 614Attachment: Plat Map (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113) 16.A.10.dPacket Pg. 615Attachment: Plat Map (15208 : Final Acceptance - Del Webb Naples Parcels 110 & 113)