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Agenda 05/14/2019 Item #16A13 (Acceptance roadway & Drainage/Raffia Preserve)05/14/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Raffia Preserve Phase 2, Application Number PL20130002569, 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 release the maintenance security. CONSIDERATIONS: 1) On November 10, 2014, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Raffia Preserve Phase 2. 2) The roadway and drainage improvements will be maintained by the Raffia Preserve Homeowners Association or other applicable entity, but the County will have no maintenance responsibility. 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 homeowners association. The existing security in the total amount of $42,484 will be released upon Board approval. The original security in the amount of $467,324 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 April 8, 2014. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAA RECOMMENDATION: To have the Board accept final acceptance of the roadway and drainage improvements in Raffia Preserve Phase 2, Application Number PL20130002569, 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, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Plat Map (PDF) 4. Resolution (PDF) 16.A.13 Packet Pg. 728 05/14/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 8522 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Raffia Preserve Phase 2, Application Number PL20130002569, and authorize the release of the maintenance security. Meeting Date: 05/14/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/02/2019 4:22 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 04/02/2019 4:22 PM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 04/02/2019 5:03 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 04/03/2019 7:08 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/03/2019 2:44 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/03/2019 3:25 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 04/04/2019 11:29 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 04/12/2019 4:43 PM Growth Management Department Matthew McLean Additional Reviewer Completed 04/15/2019 7:31 AM Growth Management Department James C French Deputy Department Head Review Completed 04/15/2019 6:23 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 11:34 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/25/2019 11:27 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/25/2019 1:34 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2019 11:51 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/01/2019 2:03 PM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 05/06/2019 6:12 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM 16.A.13 Packet Pg. 729 RAFFIA PRESERVE PHASE 2 LOCATION MAP 16.A.13.a Packet Pg. 730 Attachment: Location Map (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 731 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 732 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 733 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 734 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 735 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 736 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 737 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.b Packet Pg. 738 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) G UARANTY AND ACCEPTANCE 7OO NW 107 AVENUE - SUITE 204 MIAMI, FLORIDA 3g172 PHONE (305)553 -8724 CORP.I )TPTANJCE CORP icI ccBp t^NiY FIDELITY FIDET-II Y (}I.'AI]AN'TY ANO A FIDTLITY GUARAI.iT FIDELITY GUARANTY AND A fiIDII.,ITY GiJARANiY )CEPTT\NCE \NCE CORP )CIPIANCIi I] AC]CFPIA|ICI CX IIPTANCF fi]BP IiII ACCFPTANCT ( 'TAltcft cogP i IIY GI]ARANry AND AC( : FIDELI"IY GUAHANTY AI .ITY GUARAN]'Y ANN AC( i:iD[I,IiY GUAFTAN] \CCEPTAIiCE ( ANCF CORP FID CCIPTANCE CO \GOTPTANCL-: OOIIP ,:lDli..llY G|JA8ANIY AND ACC[:PlAtlcr COHP f lDtil,liY cUARANTY AND A(X)EPTAl.i{]r fi)Ri TRREVOCABLE STANDBY LETTER OF CREDIT NO. FCAC-I7184 )TANC[: COBF F] ACCEPTANCE C CCTPIANCE COBT ANCT CORP FIDEL \RAINTY A\D AC(JF PIANCF COHF ry OUARANTY AND ACCEPTAIICE COFDELITY GUARAN ISSUER:FI DELITY GUARA NTY AND ACCEPTANCE CORP. ( }IEREINAFTER ..ISSU ER-) 700 Nw l07rH AVENUE, g{J{TE 204 NIIAiVII, FLORIDA J3I 72 PHONE (786) 257-{J53 DATE OF IS SUE: JUNE 8,2017 iUARANIY AND ACCEFTANCE CORP FIDEI iLITY GUABANTY AND ACCTPTANCE COBI DFI IAY GI-IAI]ANI! JARAI'J'TY ICE CORT ABAN.]'Y AI,II :L|TY GUARANTY AND ACCEPTA},ICE CORF FIDELITY GUAEANTY ' )UARANTY AI.lD ACCEF]ANCE CORP FiDELIIY GUABANTY AND AC iDELITY GUAFANTY AND ACCEPTANCE COIiI' Y GUARANTY AI]D ACCEPIAI{CE COEP IDTLIiY GUARANTY AND ACCEPTANCE COHP CIiP-'ANOI CEPTAI\CE c()Hij CORP .iY CUARA\ PLACE OF EXPIR}.: AT ISSUER.S COUNTERS LOCATED AT 7OO NW I07 AVE, SUITE 204 MIAMI, FLORIDA J3I72 DArE oF EXPIRY; IXil#L?#^'"1YH$,\iff SJ'3,i3if't,i,'Jud[?r:#*"Hfli"t?[lftfi3 ANNIVERSARY OF THE ISSI. E UNLESS AT LEAST SIXT}' (60) DA\ S PRIOR TO AN} SUCH ANNI\'ERSARY DATE, THE ISSUEN NOrirIrS.i;'; i;N.EriCiANV. rN WRITTNG BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS APPLICANT: WCI COMMUNITIES, Lt,C (HEREINAFTER "DEVELOPER':) IO48I SIX MILE CYPRESS PKWY FORT MYERS, FL 33966 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, ( H EREINAmER " BENEFTCIARY") COLLIER COUNTY, FLORIDA CREDIT. \r'icE cor lY AND ACCEPTANCI COIIP i:l{)El."llY GI.]AHANIY AND ACC[:P]ANCI (IOHP FIDLL.IIY GI,i-AIIANlY ANI) A() [].,I]'Y GIJATIAN AAA} Ftrit ACCEP TANCE (x)NP FiDEI,II"Y GLJARAN] \ . CIO DEVOLOPMENT REVIEY$ DIVI.StrON:'' ' . 28OO NORTH HORSESI*GD DRIVE NAPLES, FL 34IO.I AMOUNT: UP TO AN AGGREGATE A]VIOUNT OF $42,,184.00 (FORTY TWO THOITSAND FOUR HUNDRED EIGHTl FOTR A\D OO/IOO US DOLLARS) RE: INFRASTRUCTURE CONSTRUCTION PROJECT NAMEI RAFFIA PRESERVE PHASE 2 ISSUER PIANC TCE CORi} I BY: DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY,S DRATT(S) AT SIGHT DRAwN oN THE ISSUE,R AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLYMANUALLY SIGNED AND DATED BY THE COUNTY MANAGER, OR HIS DESIGNEE, CERTIFYING THAT: A. "(I) DE!'ELOPER HAS FAILED TO CO\STRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIA WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS RAFFIA PRESERVE PHASE 2 AS REQUIREDBY COLLIER COU NTY ORDINANCES AND RESOLUTIONS (THE (LAND DEVELOPMENT REGULATIONS',); (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT oR PAYMENT AGAINST DOCUMENTS DETAILED HERETN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTTFIED MAIL, RETURN RECEIPT REQUESTED; AND (III) THE DEFAULT HAS NOT BEBN CURED WITHIN THE CURE PERI0D PRoVIDEI) FOR THEREIN, IF ANY.-; OR r-tDri._lTY GliAt.'lAN )CEPTANC{:1Y GTJARANI'Y AND ACCEP'IANCE CORP I-iDELI}Y GUAI]A|.ITY AND ACCTPIANCE COI]I.B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR RAFFIA PRESORVE PHASE 2 AS REQUIRED BYCOLLIER COUNTY ORDIN,ANCES AND RESOLUTIONS (THE (LAND DEVELOPMENT REGULATIONS")SATISFACTORY TO COLLIER COUNTY HAS I!9T BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY,A\D A SATISFACTOR) ALTER\ATIVE PERFORIVIANCE SECURITI HAS NOT BEEN pnOVrof piO ar,loACCEPTED BY THE BENEFICIARY.* FIDELIry OUARANTY AND ACCEPTANCE CORP FIDELIry GUAFANry ANO ACCEPIANCE COFP TIOELITY GUARAN ry GUAQANTY AND ACCEPTANCE CORP FiDELITY GUAHANTY AND ACCEPTANCE COBP FIDELITY CUAEANTY ANI Y Iii,.,AB A(]CFFIA!{C IiY GUARAI \OCEPTANCT CORP FIT rY GUARANTY AND ACC[P!ANCti CO CLJARA Y GUAAANIY AND AC)Cf PTANCF COBP riDfl lTY GiiARANT AND ACCTPTANCE CORp rlilfi:l..iTY GUARANTY AND ACOfP-iANOll CORp FiDIil...tTy OL,ABANTY A\l i:tDrr: PTANCE 'ONF COFP 16.A.13.b Packet Pg. 739 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) FIDIilTY GUAR/\NTY AND ACCFPTA!\CE COtlF al]f LliY GiiARA|.lry AND ACCET]T^NCE CORP FlDELIry GUARANTY AND ACCEPTANCE CORP IlnELfY GUARANTY AND ,{CCEPTi\NCE CCRP FIDEi-IIY FIDELITY ",Y,^*^,TII"AT=" i??5T,IANCE CORP IT,iJ,l ; i::|,'uol, :;;:: EF.A THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-I7I84 PAGE 2 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE, MARKED: ..DRAWN UNDE,R FIDELITY GUARANTY ccBn FIDELIl Y CREDIT AND ALL ORIGINAL AMENDMENTS, tF ANY, FOR flDtii.ITY riD[I.,Iry GI,AFANTY ANN ACOT-JPTANOI CORP TIDEI".ITY iiUABANTY AND ACCNPTANCN COBP NIDTLITY GUARANry AND ACCFPTANCT CORP THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKINC, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFTED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT,INSTRUMENT, OR AGREE,MENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE Hf,REIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. AND IN COMPLIANCE ISSUER IF PRESENTED WITHIN TIIE VALIDITY OF THIS CREDIT TOGETHER WITH TIIE DOCUMENTS REQUIRED HEREIN AT THE PLACE, OF EXPIRY PRIOR TO 4:OO P.M. EST. ON OR PRIOR TO THE DATE OF EXPIRY. PRESENTATIONS MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY FE.Df,,RAL I,XPRESS OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY. CORP r,DELIry CORP ilDil_lt Y oi,Al:tANt-Y FIDELITY GUARANTY AND ACCEPTANCE CORP. FiDELITY GUARANTY AND ACCEPTANCE CORP F!DELITY gUARANTY AND ACCTPTANCE CORP FIDTLIry QUARANTY AND ACCEPT.ANCE COFP FIDELIry GUARANTY AIID ACCEPTANCE COHP COnP FlCill-l;Y GLIARANTY AND ACCEPTANCE CORP F{DEL.ITY GUABAN-|Y AND ACCfiPTANCF COHP rlDfllry cUARAI',ITY AND ACCFPTANCF OOFPFtDr:l.t]Y FlDf | lfY ANI] ACCEPIANCE OOFP FIDFL,ITY Gt'AAANTY AND ACCEP-,ANOE COHP FIDEI,ITY GUARA$ry AND ACOIiPTANCL: CCRP COBF FIDELITY OUABANry AND ACCEPIANCE CORP FiDELIT CU,qRA}Iry AND ACCEPTANCE CORP FIDELITY GUARANTY COI1P F!DrUrY GUABANTY AND ACCEPTANCE COHP FIOELITY GUARANTY AND ACCEPTANCE CORP FlOELlry cUARAi,I-Y ANr, ACCEPTANCE CORi) FiDELITY GUARANTY AND ACCEPIANCT COBP FIDSLI|Y CUARANlY AND ACCEPTANCE CORT} FIDELITY GUANANTY AND ACCEFTANCE CORP FiDEL|TY CUARANTY AND ACCEPTANCE CORP FIDEI.ITY OUABAI..ITY AND ACCEPTANOE CORP iISELI1'1 CUANANTY AND ACCEPTANCE CORP FIDEL'TY GUARANTY AND ACCEPTANCE CORP TIDELITY GUAFANTY ANO ACCEPTANCE CORP TIDTLITY GUASANTY ANT, ACCFPTANCE CORP TIDi:I.ITY GUARANry AND ACCIPTANCE CORP TIDELITY GUARANTY AND ACCTPTANCT CORP FiDELITY CUARANIY ANN ACCTPTANCI CORP TIDTL]TY GUABANTY AND ACCFPTANCT COHP FIT}FLITY GUARANTY AND ACCEPTANCE CORP F'DELITY GUARANTY A}{D ACC[PJ-ANCE CORP FiDEL,'i' GUABANTY AI,]D ACCTPTANCI] CORP Flt,)ELITY GUARANTY AND AcCEPTANCE CoRP FIDELTY eUARANTY AND AccEPTANCT CoRp FIDELITY GUAfiANTY AND AcCEPTANCE CoFF arDELi-l-y cUABi\NTy AND AcCEpTAi,iCE coRp FIOELITY GUARANTY AND ACCEPTANCE COFP FiDTLI"Y GUARANry AIJD ACCEPTAIiCE CORP FIDEL'ry CUARANTY ANO ACCEPTANCE COHP FIDELITY GUAEANry AIID ACCEPTANCF CORP FIDELITY GUARANTY ANO ACCEPTAI.ICE CORP TIDELIry GUARANTY AND ACCEPTANCE COBP FIDELITY GUABANTY AND ACCEPTANCE CORP FIDELI]], GUARA\ITY AND ACCEPTAT.]CE CORP FIDELIry GUARANTY AND NCCEPTN NCE CORF TIDELIry GUARANW AI.ID ACCEPTANCE COBP F!DELITY GUARANTY AND ACCTPIANCE CORP FIDELIY EUARANry AND ACCEPTANCE CORP FIDELITY GUARANry AND ACCEPTANCE COBP FiDELI'TY GUARANTY ANT, ACCEPTANCE CORP F'DELIIY GUARANTY ANO ACCEPTANCE CORP TIDELIiY GUAF,1,,iTY AND ACCEPTANCE CORP FIDELITY GUARANTY AND ACCEPTANCE CORP FIDELITY CUARANry AND ACCEPTANCE CORP F'DELITY GUARANTY AND ACCEPTANCE CORP FIDEL''!-Y GUAHANTY AIID ACCEPTANCE COBP F'DEI.ITY OUARANTY AND ACCEP]eNCE CORP FIDEL'ry GUARANTY AND ACCEPTANCE COEP TIDEL'TY GUABANTY AND ACCEPTANCE COFIP FJDELII/ CUARANTY AND ACCEPTANCE CORT'FIDELIry GUARANTY AND ACCEPTANCE CORF F!DEL'ry GUABANW AND ACCEPIANCE COBP FIOELITY GUABANTY At.ID ACCEPTANCE CORP FIOELIry GUARANry AND ACCEPTANQE CORP ISSUER FtDri.t't 16.A.13.b Packet Pg. 740 Attachment: Bond Basis (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.c Packet Pg. 741 Attachment: Plat Map (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.c Packet Pg. 742 Attachment: Plat Map (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.c Packet Pg. 743 Attachment: Plat Map (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.c Packet Pg. 744 Attachment: Plat Map (8522 : Final Acceptance - Raffia Preserve Phase 2) RESOLUTION NO. 19-____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN RAFFIA PRESERVE PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 55, PAGES 36 THROUGH 39, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 8, 2014 approved the plat of Raffia Preserve Phase 2 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 his 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 Raffia Preserve Phase 2, pursuant to the plat thereof recorded in Plat Book 55, pages 36 through 39, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Raffia Preserve Phase 2 will be maintained privately in the future and will not be the responsibility of Collier County. 16.A.13.d Packet Pg. 745 Attachment: Resolution (8522 : Final Acceptance - Raffia Preserve Phase 2) 16.A.13.d Packet Pg. 746 Attachment: Resolution (8522 : Final Acceptance - Raffia Preserve Phase 2)