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Agenda 09/10/2019 Item #16A34 (Roadway & Drainage Improvements for Siracusa)09/10/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Siracusa, Application Number PL20140001844, 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 December 1, 2015, the Growth Management Depa rtment granted preliminary acceptance of the roadway and drainage improvements in Siracusa. 2) The roadway and drainage improvements will be maintained by the Treviso Bay Property Owners Master Association, and Wentworth Estates Community Development D istrict. 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 Treviso Bay Property Owners Master Association, and Wentworth Estates Community Development District. The existing security in the amount of $102,359.13 will be released upon Board approval. The original security in the amount of $743,617 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 January 9, 2015. 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. - SAA RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Siracusa, Application Number PL20140001844, 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 ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.34 Packet Pg. 797 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.34 Doc ID: 9669 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Siracusa, Application Number PL20140001844, and authorize the release of the maintenance security. Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/23/2019 2:02 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/23/2019 2:02 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/23/2019 4:36 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/23/2019 5:34 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 07/24/2019 7:22 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/24/2019 9:31 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/30/2019 9:28 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 07/30/2019 9:42 AM Growth Management Department Matthew McLean Additional Reviewer Completed 07/31/2019 4:22 PM Growth Management Department James C French Deputy Department Head Review Completed 08/01/2019 1:27 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 08/02/2019 9:57 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/20/2019 8:15 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 9:41 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:34 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 3:35 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:33 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.A.34 Packet Pg. 798 SIRACUSA LOCATION MAP 16.A.34.a Packet Pg. 799 Attachment: Location Map (9669 : Final Acceptance - Siracusa) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTl)lN AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTSentered into this � 'f� day of J N U, U A.�l , 201 $ between Lennar Homes LLChereinafter referred to as "Developer," and the Bod of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A.Developer has, simultaneously with the delivery of this Agre�ment, applied for the approval by theBoard of certain plat of a subdivision to be known as:Siracusa B.Chapter 4 and 1 O of the Collier County Land Development Code required the Developer to postappropriate 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: · · ments 1.Developer will cause to be constructed: Roadway, drainage, water & sewer improve within 12 months from the date of approval 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" andby reference made a part hereof) in the amount of$ 743 617,00 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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 improvementswithin the time required by the Land Development Code, Collier 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 a statement of substantialcompletion 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 ofsubstantial 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 afterpreliminary 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.34.b Packet Pg. 800 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 801 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 802 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 803 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 804 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 805 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 806 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 807 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 808 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 809 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 810 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 811 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.b Packet Pg. 812 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) FIDELITY GUARANTY AN 7OO NW 107 AVENUE - SUITE 24O MIAMI, FLORIDA 33172 PHONE (305)553-8724 MARCH I,2016 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-I4273 BENEFICIARY: 1T:911?_r^1.-.9SlYCoI4MlssloNERS. CoLLIERCouNrY. FLoRIDA CiO ENGINEERING REVTEW SERVICES 28OO NORTH HORSESHOE DRIVE NAPLES. FL 34I04 APPLICANT.. LENNAR HOMES, LLC. (HEREINAFTER "DEVELOPER'') IO4BI SIX MILE C\?RESS PARKWAY FORT MYERS, FLORIDA 33966 LC AMOUNT: USD $102,359.13 (ONE HUNDRED TWO THOUSAND THREE HUNDRED FIFTY NrNE AND 13/r00 US DOLLARS) GENTLEMEN: TO AMEND LETTER OF CR.EDIT NO. FGAC-I4273 AS ISSUED IN YOUR FAVOR. THIS AMENDMENT IS AN INTEGRAL PART OF THE ORIGINAL CREDIT. ALL OTHER TERMS AND CONDITIONS OF THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN UNCHANGED. AMENDED TERMS: Fln!:l.liY GUAilAl'.j iY Al.lD ACCLIplArlC!ll.li:l liY ..;r-JAIiA,\.ll]" AND i{)(li:::3lAl'i(]1.i (lOlip F:DIllTY 0.JARJtl.i;Y i\ltl) IMMEDIATE NOTIFICATION MUST BE GIVEN TO US IF THIS AMENDMENT IS NOT ACCEPTED. TNDMENT NO. l.THIS IS AMT VERY TRULY YOURS, riDTi,YY OCEF i:ii:rt..lTY GUA*ITSJTY Ai\iD ACC(PTAI.:Cf COR? flOfl.,Tv GUARAI.jTY AND A-CC[p-iANCt CQRP ili]rL!ry GUARAI.ITY A.,lO iCCrPT l.iCr CCR,] I'tilE.;1 Y cori? FiDELiIY ctJAttANl Y AND AtiCEtll',ANCI C,JriP iiDtLt!Y Gi]At:lA).ltY Ai.,[] AC'Oti]tANtt ila'.li: finri-iTY 16.A.34.b Packet Pg. 813 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) FIDELITY GUARANTY AND ACCEPTANCE CORP. 70O NW 107 AVENUE - SUITE 204 MIAMI, FLORIDA 33172 PHONE (305)553-87 24 NOTICE OF NON-EXTENSTON ocToBER 25.2018 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FCAC.I4273 BENEFICIARY:THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C/O ENGINEERING REVTEW SERVICES 2EOO NORTH HORSESHOE DRIVE NAPLES, FL 34I04 APPLICANT:LENNAR HOMES, LLC. IO4EI SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33966 THIS LETTER IS NOTIFICATION THAT NOTICE OF NON-EXTENSION DATED OCTOBER I,2OI8 FOR LETTER OF CREDIT FGAC.14273 IS BEING RESCINDED. AS SUCH THE LETTER OF CREDIT IS BEING AUTO-EXTENDED TO DECEMBER I7.20I9. ALL OTHER TERMS AND CONDITIONS OF THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS NOTIFICATION, PLEASE CALL 305.553.E724. VERY TRULY YOURS. FIDELITY GUARANTY AND ACCEPTANCE CORP. JA DE SOU . VICE PRESIDENT DATE OF EXPIRY: DECEMBER 17,2019 GENTLEM EN: 16.A.34.b Packet Pg. 814 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) FIDELITY GUARANTY AND ACCEPTANCE CORP.I7OO NW 107 AVENUE _ SUITE 204 MIAMI, FLORIDA 33172 P H O N E ( 3 0.5 ) 5 5 3 - 8 7 2 4 NOTICD OF NON-EXTENSION ocToBER 25,2018 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FCAC.I4273 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C/O ENGINEERING REVIEW SERVICES 28OO NORTH HORSESHOE DRIVE NAPLES, FL 34104 APPLICANT:LENNAR HOMES, LLC. IO48I SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33966 DATE OF EXPIRY: DBCEMBEII 17,2019 G ENTLEM EN: VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. THIS LETTER IS NOTIFICATION THAT NOTICE OF NON-EXTENSION DATED OCTOBER I,2OI8 FOR LETTER OF CREDIT FGAC.I427J IS BEINC RDSCINDED. AS SUCH THE LETTER OT'CREDIT IS BEING AUTO-EXTENDED TO DECEMBER I7,20I9. ALL OTHER TERMS AND CONDITIONS OF THE LETTER OF CREDIT INCLUDING PREVIOUS AMENDMENTS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVI ANY QUESTIONS REGARDING THIS NOTIFICATION, PLEASE CALL 305-553-8724. Go aov*-*ry It*t os soud,r, vlctr PRESIDENl' coRP floEtrlYor.li.i rANCE arrRp rtDFrl CORP riral n i, ilr/i: IANCE ooBP FllrElrl' COBP I lllll il Y Glll\i rANCE CONP I'IUELII' COnP F|0ELlll6lr\t r Nct coFF FtDal ra CORP r|O€LITY CU,\l i NcE r:()RP ':rol( rl' i)oRP f roEl rl./ (i1);\, rANCE r:\)|ll' F[ttLll' lionPr:L'Fl l1illi.l II IIrt l 16.A.34.b Packet Pg. 815 Attachment: Bond Basis (9669 : Final Acceptance - Siracusa) 16.A.34.c Packet Pg. 816 Attachment: Resolution (9669 : Final Acceptance - Siracusa) 16.A.34.c Packet Pg. 817 Attachment: Resolution (9669 : Final Acceptance - Siracusa) 16.A.34.d Packet Pg. 818 Attachment: Plat Map (9669 : Final Acceptance - Siracusa) 16.A.34.d Packet Pg. 819 Attachment: Plat Map (9669 : Final Acceptance - Siracusa)