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Agenda 11/13/2018 Item #16A 711/13/2018 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Wing South Airpark Extension, Application Number AR-14094, 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, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On May 4, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Wing South Airpark Extension. 2) The roadway and drainage improvements will be maintained by the project’s property owner’s association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared 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 the project's owner’s association. The existing security in the amount of $5,801.55 will be released upon Board approval. The original security in the amount of $63,817.00 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated June 23, 2016. 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. - SAS RECOMMENDATION: To have the Board accept final acceptance of the roadway and drainage improvements in Wing South Airpark Extension, Application Number AR-14094, and authorize 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements, and acceptance of the plat dedications. 2. The Clerk of Courts to release of the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.7 Packet Pg. 537 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 6865 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Wing South Airpark Extension, Application Number AR-14094, and authorize the release of the maintenance security. Meeting Date: 11/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 09/26/2018 12:57 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/26/2018 12:57 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 09/26/2018 3:51 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 09/27/2018 10:28 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/28/2018 9:37 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/04/2018 4:36 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 10/05/2018 1:31 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/09/2018 10:37 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/09/2018 12:08 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/09/2018 2:16 PM Growth Management Department James C French Deputy Department Head Review Completed 10/10/2018 5:36 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 7:50 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 10:46 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 1:22 PM Office of Management and Budget Allison Kearns Additional Reviewer Completed 10/16/2018 10:39 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 11:39 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.7 Packet Pg. 538 WING SOUTH AIRPARK EXTENSION LOCATION MAP 16.A.7.a Packet Pg. 539 Attachment: Location Map (6865 : Final Acceptance - Wing South Airpark Extension) THIS CON CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS STRUCTION AND o tnis L:3xi MAINTENANCE A EEMENT FOR SUBDIVISION IMPROVEMENTSentered int day of 20 16 between Wing S:outh, lnc.hereinafter referred to as ''Developer," an d the Board of County Commissioners of CollierCounty, F lorida, hereinafter referred to as the ',Board 2 RECITALS: A. Developer has, simultaneousty with the delivery of this Agreement, applied for the approval by the_ ?oard of certain plat of a subdivisioj to be known as: I iing South Airpark ExtensronB. Chapter 4 and 10 of the Collier County Land Development'cooe reilulreo the Developer to post appropriate guarantees for the construction of the improvements required by said subdivisionregulalions, said guarantees to be incorporated in a bonded agreement for the lonstruction of therequired 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: Drainage, s€wer and wate. improvementswithin . 2a months from the date of approval said iubdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $l1sr.oo__- which amount represents 1o% of the total contract cost to complete the construction plus 100% oithe estimated cost of to complete the required improvements at the date of this Agreement. 4 J ln 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 may call upon the subdivisionperformance security to insure satisfactory completion of the required improvements. 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 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 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. 16.A.7.b Packet Pg. 540 Attachment: Bond Basis (6865 : Final Acceptance - Wing South Airpark Extension) 7. Six (6) months after the execution of this Agreernerfi and once wiurin every six (6) months theroafier the Developer may request the County Manager or his designes to redrrce the dollr amount of the subdivision perfornanoe s€curity on the basis of vyork complete, Each rcques( foI a rcduction in the dollar amounl of the subdivision pertormanoe s€qrrity shall be accompanied by a statern€nt of substantial comple{ion by the Develope/s engineer together with tho projecl r€cords n€cessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a redudion in lhe amount of the subdivisaon p€rformarce seoJrity for the improvemerfls completed as cf the date of the r€queEt. 8. ln the ever the Do\reloper shall fail or neglec{ to fumll its obligations under thb Agr€€ment, upon certificabn of such failure, the County Manager or his d€signee may call upon the subdivision perfomance security lo secure satisfaclory completion, r€pair and rmintenance of the required improvements. The Board shell have the right to condruct and mdntain, or cause to be construc{ed or maintained, pursuant to public adverlisernent and receipt and acogptance of bids, the improvements required herein. The De\rebper, as principal under the subdivision peformance security, shall b€ liable to pay and to indemnify the Board, upon completion ot such consfrudion, the final total cosi to the Boad thereof, including, but not limited to, engineering, legal and contingent costs, toge{her with any damag€s, either dir6(, or consequenthl, which the Board may suslain on sccour of the failure of the oevcloper to fuml all of the Fovisbns of this Agr€ement. 9. All of the terms, @venanls and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WTNESS WHER their duly authorized EOF, the Board and the Developer have caused this Agreernent to be executed by representalives this Z?fit dey ol Jl.U f.. t ,20.13_ E PRESENCE OF:NE (Name of Entlty) \Mng South, lnc. Printedzl{ame -Trbi.r ry 9 Prlnted Neme/Tltlr (Presldent, VP, or CEO)Daniel Munay, Director ,4 - --11\1)-)-, t (Provlde Proper Evldence o, Author{ty) Tlp.z,:s-Prrnteo N6Od ATTEST: BOARBOF COUNTY CO'II ISSIONERS or cflrlrea counrf, rtonror DWGHT E. BROCK, CLERK Deputy sil#crN ^lN F r Ar-./\- Sez:r'i'r A -i\-op€- leg.llty: Irk./ A$lstant County Attomey 16.A.7.b Packet Pg. 541 Attachment: Bond Basis (6865 : Final Acceptance - Wing South Airpark Extension) IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7061 IBERIABANK ISSUER: IBERIABANK, 1120 Jefferson Tenace Boulevard, New lberia, Louisiana, 70560 PLACE AND DATE OF ISSUE: IBERIABANK, 285 West Esptanade Avenue, Kenner, Louisiana 70065 on May 17 ,2016 PLACE OF EXPIRY: At lssue/s counlers located at 2150 Goodlette Road North, Naples, Florida 34102 DATE OF EXPIRY: This Credit shall be valid until the 17th day of May, 2O1l and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days p or to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the lssuer elects not to so renew this Credit. APPLICANT: Wing South, lnc., a Florida not-for-profit mrporation (hereinafter ?pplicanf) whose business address is 4130 Skyray Drive, Naples, Florida 34112. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter 'Beneficiary") do Engineering Services,2800 North Horseshoe Drive, Naples, Florida 34104 AMOUNT: $63, 81 7.00 (U.S.), Sixty three thousand eight hundred and seventeen and no/l00 dollars, up to an aggregate thereof. CREDIT AVAILABLE WITH: IBERIABANK BY: Payment against documenb detailed herein and Beneficiary's drafts at sight drawn on the lssuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFI(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY 16.A.7.b Packet Pg. 542 Attachment: Bond Basis (6865 : Final Acceptance - Wing South Airpark Extension) BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNW MANAGER OR DESIGNEE, CERTIFYING THAT: Wing South, lnc., a Florida noffor-profit corporation has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Wing South Airpark Extension or a final inspec{ion satistactory to Collier County has not been performed prior to the date of expiry, and satisfactory altemative performance security has not been provided to and formally accepted by the Beneficiary. This Letter of Credit sets forth in full the terms of the lssue/s undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. lssuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by lssuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision), lntemational Chamber of Commerce Publication No. 600' IBERIABANK H"r"''SXRrrboi BX TiIe: $l DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: .DTAWN UNdET IBERIABANK; Credit No. 7061, dated the 'l7s day of May, 2016.'The original letter of cr€dit and all amendments, if any, must be presented for proper endorsement. Draft(s) may be presented within the State of Florida at the following address: IBERIABANK, Attention: Karen Shawdee,2150 Goodlette Road North, Naples, Florida 34102 16.A.7.b Packet Pg. 543 Attachment: Bond Basis (6865 : Final Acceptance - Wing South Airpark Extension) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number:2017408943 Transaction Number:2017-032419 Date Paid:05/23/2017 Amount Due:$5,801.55 Payment Details:Payment Method Amount Paid Check Number Check $5,801.55 1471 Amount Paid:$5,801.55 Change / Overage:$0.00 Contact:WING SOUTH INC 4985 E TAMIAMIO TR Naples, FL 34113 FEE DETAILS: Fee Description Reference Number Original Fee Amount Paid GL Account Refundable Bonds PL20150001055 $5,801.55 $5,801.55 670-000000-220113 Cashier Name:AlinaHarris Batch Number:6381 Entered By: melissaalvarez 16.A.7.b Packet Pg. 544 Attachment: Bond Basis (6865 : Final Acceptance - Wing South Airpark Extension) 16.A.7.c Packet Pg. 545 Attachment: Resolution (6865 : Final Acceptance - Wing South Airpark Extension) 16.A.7.c Packet Pg. 546 Attachment: Resolution (6865 : Final Acceptance - Wing South Airpark Extension) 16.A.7.d Packet Pg. 547 Attachment: Plat Map (6865 : Final Acceptance - Wing South Airpark Extension) 16.A.7.d Packet Pg. 548 Attachment: Plat Map (6865 : Final Acceptance - Wing South Airpark Extension)