Agenda Item 7 Meeting of 06/10/15 RESOLUTION NO.15-

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1 Agenda Item 7 Meeting of 06/10/15 RESOLUTION NO.15- A RESOLUTION APPROVING AND ACCEPTING THE FINAL (RECORD) PLAT OF NAPLES SQUARE, A SUBDIVISION OF PART OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 25 EAST, CITY OF NAPLES, COLLIER COUNTY FLORIDA BEING A PART OF THE REPLAT OF PART OF TOWN OF NAPLES, RECORDED IN PLAT BOOK 1, PAGE 59 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA CONTAINING APPROXIMATELY ACRES AND CREATING 4 MULTI-FAMILY LOTS; ACCEPTING A DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR NAPLES SQUARE; APPROVING AND ACCEPTING A CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS; APPROVING AND ACCEPTING WITH CONDITIONS AN EASEMENT FOR THE LINEAR PUBLIC PARK; AUTHORIZING THE PERMITTING OF IMPROVEMENTS WITHIN THE DEDICATED RIGHTS-OF-WAY OF THIRD AVENUE SOUTH AND THE LINEAR PARK PURSUANT TO NAPLES ORDINANCE NO ON PROPERTY OWNED BY WSR OLD NAPLES LLC, WSR OLD NAPLES 2 LLC, WSR OLD NAPLES 3 LLC, WSR OLD NAPLES 4 LLC, AND WSR NAPLES SQUARE COMMERCIAL, LLC, LOCATED AT 300 GOODLETTE-FRANK ROAD SOUTH, MORE FULLY DESCRIBED IN SAID PLAT; REQUIRING COMPLETION OF IMPROVEMENTS FOR ISSUANCE OF CERTIFICATES OF OCCUPANCY; REQUIRING RECORDING; APPROVING SUBDIVISION PLAT PETITION 15-SD4; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections through of Article II Plats, of Chapter 54 Subdivision Standards, of the Code of Ordinances, City of Naples, details the approval procedures for a subdivision plat petition and infrastructure implementation; and WHEREAS, WSR Old Naples, LLC, WSR Old Naples 2, LLC, WSR Old Naples 3, LLC, WSR Old Naples 4, LLC, and WSR Naples Square Commercial, LLC (hereafter referred to collectively as WSR), are owners of the property subject of the Final Plat Petition and the Linear Public Park and have requested approval of Subdivision/Replat Petition 15-SD4 for Final (Record) Plat acceptance and approval for the Naples Square Plat containing approximately acres, representing the residential component of the Naples Square PD (Reference: Naples Square PD Ordinance No , adopted November 20, 2013 and Naples Square Preliminary Plat approved pursuant to Resolution No adopted May 21, 2014), have requested approval to complete infrastructure improvements subsequent to final plat processing pursuant to Code of Ordinance Section and have requested approval and acceptance of the Linear Public Park Easement, all located at in and adjacent to Third Avenue South between 10 th Street South and Goodlette-Frank Road; and

2 Resolution 15- Page 2 WHEREAS, John M. Passidomo, Esq., Cheffy Passidomo P.A., Agent, has been authorized by the owners to file this petition; and WHEREAS, the City staff have undertaken an evaluation of Petition 15-SD4, have undertaken reviews of work performed to date within the Naples Square Plat, have identified remaining work to be performed to complete subdivision infrastructure, have reviewed work within the Linear Public Park and related work adjacent to the area of the plat and recommend approvals as follows: a) approval and acceptance of the plat pursuant to provisions of the Naples Square PD and approved permits for Tract 1; b) acceptance of the Master Declaration of Covenants, Conditions, Easements and Restrictions for Naples Square; c) approval and acceptance with conditions of the right-of-way dedication for Third Avenue South (Tract A) as shown within the plat; d) approval and acceptance of the Linear Public Park; e) approval of the Engineer s Estimate of cost for the remaining infrastructure improvements; f) acceptance of the Construction, Maintenance and Security Agreement for Subdivision Improvements to include the security for completion of the remaining infrastructure and approving permitting responsibilities for completion and acceptance of the infrastructure; and g) authorization to issue permits pursuant to Ordinance No for private amenities within the right-of-way of Third Avenue South, within the Linear Public Park Easement and for subsequent infrastructure construction, operation and maintenance in accordance with the City Code; and WHEREAS, as a condition of all of the above approvals and acceptance, authorize permitting coordination in accordance with applicable provisions in the Naples Square PD for the issuance of certificates of occupancies; and acknowledging the City s final transfer and acceptance of maintenance and operation of Third Avenue South and related infrastructure to include utilities being subject to a minimum 3 years of operation and maintenance by WSR with a one-year notice of transfer and with conditions of transfer being compliant with standards as set forth in the Code of Ordinances; and WHEREAS, after providing the petitioner, staff and the public an opportunity to present testimony and evidence, the City Council finds that the criteria for granting the petition HAS/HAS not been met and that the petition should therefore be APPROVED and ACCEPTED/DENIED; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That the Final (Record) Plat of Naples Square, a Subdivision of part of Section 3, Township 50 South, Range 25 East, City of Naples, Collier County Florida being a part of the Replat of part of town of Naples,

3 Resolution 15- Page 3 recorded in Plat Book 1, Page 59 of the public records of Collier County, Florida containing approximately acres, creating 4 multifamily lots on property owned by WSR Old Naples, LLC, WSR Old Naples 2 LLC, WSR Old Naples 3 LLC and WSR Old Naples 4 LLC, (hereafter referred to collectively as WSR) all four of which are Florida limited liability companies, and located at 300 Goodlette-Frank Road South (more fully described herein) is hereby APPROVED and ACCEPTED / DENIED. Section 2. Section 3. Section 4. That the Final (Record) Plat approval and acceptance is based on the Plat, prepared by John P. Maloney, Professional Surveyor and Mapper, Stantec Consulting Services, Inc., dated January 29, 2014, submitted with the petition submittal by Cheffy Passidomo, P.A., a copy of which, consisting of two (2) pages, is attached hereto as Attachment 1 and incorporated herein by this reference; the Master Declaration of Covenants, Conditions, Easements and Restrictions for Naples Square herein accepted as submitted with the petition prepared by Cheffy Passidomo, PA, a copy of which is on file in the City Clerk's Office; and a Construction Maintenance and Security Agreement for Subdivision Improvements prepared by John M. Passidomo Esq., Cheffy Passidomo PA, a copy of which is attached hereto as Attachment 2 and incorporated herein by reference. That the Construction, Maintenance and Security Agreement for Subdivision Improvements guaranteeing completion of subdivision improvements pursuant to Section of the City of Naples Code of Ordinances, which includes the Engineers Opinion of Probable Cost, authorizes the administrative processing and release of the security as improvements are completed and requires completion of improvements for the issuance of Certificates of Occupancy for multifamily structures, is hereby approved and accepted. This Agreement shall be executed by both the Petitioner and the City Manager prior to recording of the Plat and Master Declaration. That this approval of the Final (Record) Plat includes approval and acceptance of the dedication of Third Avenue South (Tract A ) with the Petitioner to remain responsible for completion of improvements and infrastructure within the dedicated right-of-way and with the Petitioner to remain responsible for operation and maintenance pursuant to Section VIII of the Planned Development Document for Naples Square (Reference: Ordinance ) with the transfer of maintenance and operation from the Petitioner to the City remaining subject to a minimum 3 years of operation and maintenance by WSR with a oneyear notice of transfer conditioned on compliance with standards as set forth in the Code of Ordinances.

4 Resolution 15- Page 4 Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. That the Final (Record) Plat and the Master Declaration of Covenants, Conditions, Easements and Restrictions for Naples Square shall be recorded with the Collier County Clerk of Court. All documents, including attachments and exhibits to attachments shall be kept on file with the City Clerk. That Subdivision Plat Petition 15-SD4 is hereby APPROVED /DENIED. That the Linear Public Park Easement is hereby approved and accepted with the Petitioner to remain responsible for construction, operation and maintenance pursuant to Section IX of the Planned Development Document for Naples Square (Reference: Ordinance ). That this approval constitutes the City s acknowledgment and acceptance of WSR s compliance with the Dedication of Third Avenue South and Dedication of Linear Public Park Easement provisions of Sections VIII and IX, respectively, of the Planned Development Document for Naples Square (Reference: Ordinance ), subject to WSR s construction and maintenance obligations contained therein, the City s Code of Ordinances, the City s standard procedures for approval and acceptance of infrastructure, and the terms and conditions of the Construction Maintenance and Security Agreement. That authorization is hereby approved for issuance of permits pursuant to Ordinance for private improvements to include landscaping, water features, entry amenities and subsequent infrastructure improvements located within public dedicated areas of the Final (Record) Plat, all in accordance with the City Code. Disclaimer & Permit Condition (Applicable only if federal or state permits are required): Issuance of a development permit by the City does not create any right to obtain a permit from a State or Federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertakes actions that result in a violation of State or Federal law. If applicable, all other State or Federal permits must be obtained before commencement of the project. That this approval and acceptance shall expire unless the Declaration of Covenants, Conditions, Easements and Restrictions for Naples Square and the Plat have been filed for recording with the Collier County Clerk of Circuit Court within 30 business days after the date of

5 Resolution 15- Page 5 filing of this Resolution with the City Clerk. Section 12. That this resolution shall take effect immediately upon adoption. PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA, THIS 10 TH DAY OF JUNE Attest: Patricia L. Rambosk, City Clerk John Sorey III, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk:

6 Resolution 15- Page 6 ATTACHMENT 1 Page 1 of 2

7 Resolution 15- Page 7 Page 2 of 2

8 Resolution 15- Page 8 ATTACHMENT 2 CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT (the Agreement ) is entered into this day of, 2015 by WSR Old Naples LLC, a Florida limited liability company, WSR Old Naples 2 LLC, a Florida limited liability company, WSR Old Naples 3 LLC, a Florida limited liability company, and WSR Old Naples 4 LLC, a Florida limited liability company (hereinafter "Developer"), and the City of Naples, a municipal corporation of the State of Florida, (hereinafter the City") and is joined by the Naples Square Residential Property Owners Association, Inc., a Florida not-for-profit corporation (the Association ). A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the City of a certain plat of a subdivision to be known as: Naples Square (the Plat ). B. The subdivision will include certain improvements which are required by City ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Steve Coleman of Barraco and Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Section of the City s Code of Ordinances requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer will post a bond to secure completion of the Required Improvements. E. Developer and the City have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $221,059.03, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements ( Security ). The Security has been delivered by the Developer and accepted by the City as evidenced by the attached Bond. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the City do hereby covenant and agree as follows: 1. Developer has commenced work on the Required Improvements pursuant to specifications that have been approved by the City Manager or his designee, and Developer will complete such construction within twelve (12) months from the date of approval of the Plat. If the Developer fails to complete the Required Improvements, then the Association shall be required to complete the Required Improvements and shall, at the Association s expense, retain the engineer of record to oversee the proper completion and certification of such improvements. 2. In the event that Developer and Association shall both fail to comply with the requirements of this Agreement, then the Security will be paid to the City immediately upon demand provided that upon payment of the Security to the City, the City will have executed and delivered to the Developer in exchange for such funds a statement to be signed by the City Manager or his designee to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement;

9 Resolution 15- Page 9 (b) The City, or its authorized agent, will complete the Required Improvements or will complete such portion of such work as the City, in its sole discretion shall deem necessary in the public interest to the extent of the Security; (c) The Security shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the City may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The City will promptly pay to the Developer any portion of the Security not expended in completion of the said development work. 3. The Required Improvements shall not be considered for preliminary approval 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 City Manager or his designee for compliance with the City s Code of Ordinances. 4. The City 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 Required Improvements; or b) notify the Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the City Manager's approval of the Required Improvements. However, in no event shall the City Manager or his designee refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 5. Should the Security be insufficient to complete the Required Improvements, the City, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer and the Association. 6. The Developer and Association shall maintain all Required Improvements for three years as more particularly prescribed in Section VIII (Dedication of Third Avenue South) of Planned Development Document attached to and made part of Ordinance dated November 20, After the three year maintenance period by the Developer and upon submission of a written request for inspection, the City Manager or his designee shall inspect the Required Improvements and determine whether they comply with the City s Code of Ordinances for final approval by the City. The Developer's and Association s responsibility for maintenance of the Required Improvements shall continue unless or until the City accepts maintenance responsibility for and by the City in accordance with Planned Development Ordinance No All notices, demands, requests, or other communications made pursuant to this Agreement shall be in writing and either hand delivered, delivered by overnight courier, or mailed through the United States Postal Service by certified or registered mail, return receipt requested to the party to which the notice, demand, request, or communication is being made, as follows:

10 Resolution 15- Page 10 To Developer: WSR Old Naples LLC WSR Old Naples 2 LLC WSR Old Naples 3 LLC WSR Old Naples 4 LLC Attention: Mr. Anthony P. Solomon 3185 Horseshoe Drive South Naples, Florida To City: City of Naples Attention: City Manager th Street South Naples, Florida To the Association: Naples Square Residential Property Owners Association, Inc. Attention: Mr. Anthony P. Solomon 3185 Horseshoe Drive South Naples, Florida or to such other address as may be designated by a party by giving written notice to all other parties. Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, or delivery by overnight courier. 8. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the City, the Developer, the Escrow Agent and the Association have caused this Agreement to be executed by their duly authorized representatives this day of, WITNESSES AS TO DEVELOPER: Print Name: DEVELOPER: WSR Old Naples LLC WSR Old Naples 2 LLC WSR Old Naples 3 LLC WSR Old Naples 4 LLC Florida limited liability companies By: Ronto Old Naples, LLC, Manager By: Solco, LLC, Managing Member Print Name: By: Anthony P. Solomon Managing Member

11 Resolution 15- Page 11 ATTEST: CITY: Patricia L. Rambosk, City Clerk City of Naples, a municipal corporation of the State of Florida By: City Council of the City of Naples APPROVED AS TO FORM AND LEGALITY: By: A. William Moss, City Manager Robert D. Pritt, City Attorney WITNESSES AS TO ASSOCIATION: Print Name: Print Name: ASSOCIATION: Naples Square Residential Property Owners Association, Inc. By: Name: Title:

12 Resolution 15- Page 12

13 Resolution 15- Page 13 PERFORMANCE BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, _WSR Old Naples LLC, WSR Old Naples 2 LLC, WSR Old Naples 3 LLC, and WSR Old Naples 4 LLC, 3185 Horseshoe Drive South, Naples, FL 34104, as Principal, and _Lexon Insurance Company, Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety, are held and firmly bound unto City of Naples, th Street South, Naples, FL 34102, as Obligee, in the penal sum of Two Hundred Twenty-One Thousand Fifty-Nine and 03/100 Dollars ($221,059.03) for the payment of which we bind ourselves, our legal representatives, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into an agreement with the Obligee for: Construction and Maintenance for Subdivision Improvements as described in the agreement titled: Construction, Maintenance and Security Agreement for Subdivision Improvements, for a Project called Naples Square Subdivision Improvements, dated, 2015 (the Agreement ) to which this Bond is attached (The terms of the Agreement are incorporated herein); and WHEREAS, the City has adopted ordinances, resolutions and conditions of the Agreement (collectively Obligations ) for the benefit of the City regarding the construction of the Project improvements, and conveyance to the City of such improvements; NOW, THEREFORE, if Principal shall faithfully perform its Obligations regarding the Project during the original term of the Project and any authorized extensions thereafter, as set out in the Agreement, and shall satisfy all codes, ordinances and conditions required by the Obligee with respect to the Project described above, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Agreement falls due. NO change, extension of time, alteration or addition to the terms of the Agreement, or to work to be performed, or specifications accompanying same, shall affect the Surety s obligation to this Bond, and Surety hereby waives notice of any such change, extension or alteration. This Bond shall be deemed amended automatically and immediately, upon amendment to the Agreement that does not increase the Agreement price more than 20%.

14 Resolution 15- Page 14 NO right of action shall accrue on this bond or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this the day of, 20_15. WSR Old Naples LLC WSR Old Naples 2 LLC WSR Old Naples 3 LLC WSR Old Naples 4 LLC Florida limited liability Companies By: Ronto Old Naples, LLC, Manager By: Solco, LLC, Managing Member Principal By: Anthony P. Solomon, Managing Member _Lexon Insurance Company Surety By: Sandra L. Fusinetti Attorney-in-Fact