Agenda 09/14/2021 Item #16A 6 (Resolution - Final Acceptance for Bent Creek Preserve Phase 2B PL20170002778)09/14/2021
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 Bent Creek Preserve,
Phase 2B, Application Numbers PL20170002778, and authorize the release of the maintenance
security.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On March 28, 2019, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Bent Creek Preserve, Phase 2B.
2) The roadway and drainage improvements will be maintained by the project’s homeowners
association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on June 21, 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 resolution is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's
homeowners association. The existing security in the amount of $238,785.11 will be released upon Board
approval. The original security in the amount of $1,248,971.42 has been decreased to the current amount
of $238,785.11 based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated April 3, 2018.
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. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Bent
Creek Preserve, Phase 2B Application Numbers PL20170002778, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements and plat dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division
16.A.6
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09/14/2021
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.6
Packet Pg. 429
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 17483
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 Bent
Creek Preserve, Phase 2B, Application Numbers PL20170002778, and authorize the release of the
maintenance security.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/07/2021 10:57 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
07/07/2021 10:57 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 07/07/2021 11:02 AM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 07/07/2021 1:44 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/13/2021 3:51 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/02/2021 5:56 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/05/2021 3:45 PM
Growth Management Department Trinity Scott Transportation Skipped 07/13/2021 6:49 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/06/2021 8:26 AM
Growth Management Department Mike Bosi Growth Management Completed 08/10/2021 2:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/10/2021 4:53 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/11/2021 8:28 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/11/2021 4:13 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2021 9:36 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.6
Packet Pg. 430
BENT CREEK PRESERVE PHASE 2B
LOCATION MAP
16.A.6.a
Packet Pg. 431 Attachment: Location Map (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 3rd day of April, 2018 between Standard Pacific of Florida
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 of a certain plat of a subdivision to be known as: Bent Creek Preserve Phase
2B.
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 forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Site improvements including but not
limited to installation of storm drainage, potable water, sanitary sewer and roadway construction
associated with Bent Creek Preserve Phase 2B (PL20170001778) 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" and by reference made a part hereof) in the amount of $1,248,971.42 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate 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 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 a statement of
substantial completion by Developer's engineer along with the final project records have been
16.A.6.b
Packet Pg. 432 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
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 Collier
County 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.
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
16.A.6.b
Packet Pg. 433 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
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 tne provisions of this Agreement.
9. All of the terms, covenants and conditions herein
upon the Developer and the respective successors and assigns c
contained are and shall be binding
the Developer.
IN WITNESS WHEREOF, the Board and the Develo jjer have caused this Agreement to
be executed by their duly authorized representatives this 3rd daytof April, 2018.
SIGNED IN THE PRESENCE OF:
I
fint Name: -• n »vA 2
PrptNam
(Name of Entity)
By:
Darin McMurray, VP
Standard Pacific of Florida !o?. J —N r
-tv-N 6 cvjir-xOfoA parAoxcf cA AAc.-xVvc) l(:i
cA f \oc
ATTEST:
DWIGHT E. BROCK, Clerk
By: _1
Attest as to Chairman's
signature only.
Approved as to form
and f,
1
Scott A. Stone
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER/TOIJHTY, FLOJ
, De ler ty mdy Solis, Chairman
Approved Form - JAK - February 2006
16.A.6.b
Packet Pg. 434 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
FIDELITY GUARANTY AND ACCEPTANCE CORP.
700 NW 107 AVENUE - SUITE 204
MIAMI, FLORIDA 33172
PHONE (305)553-8724
•
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-18099
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER")
700 NW 107™ AVENUE, SUITE 204
MIAMI, FLORIDA 33172
PHONE (786) 257-4353
DATE OF ISSUE: MARCH 19, 2018
PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE, SUITE 204
MIAMI, FLORIDA 33172
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL MARCH 19, 2019, AND SHALL THEREAFTER
BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE
ANNIVERSARY OF THE ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY
SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN
WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS
CREDIT.
APPLICANT: LENNAR HOMES, LLC. (HEREINAFTER "DEVELOPER")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA 33966
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(HEREINAFTER "BENEFICIARY")
C/O DEVELOPMENT REVIEW DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $1,248,971.42 (ONE MILLION TWO HUNDRED
FORTY EIGHT THOUSAND NINE HUNDRED SEVENTY ONE AND 42/100 US
DOLLARS)
RE: INFRASTRUCTURE CONSTRUCTION
PROJECT NAME: BENT CREEK PRESERVE PHASE 2B
CREDIT AVAILABLE
WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER, OR HIS DESIGNEE, CERTIFYING THAT:
A. "(I) DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS BENT CREEK PRESERVE PHASE 2B AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS "); (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR
CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; AND (III) THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED
FOR THEREIN, IF ANY.";
B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR BENT CREEK PRESERVE PHASE 2B AS REQUIRED
BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS")
SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY,
AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND
ACCEPTED BY THE BENEFICIARY."
16.A.6.b
Packet Pg. 435 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
FIDELITY GUARANTY AND ACCEPTANCE CORP.
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-18099, DATED MARCH 19, 2018" AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS, IF ANY, FOR
PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'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.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED
WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN AT THE
PLACE OF EXPIRY PRIOR TO 4:00 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 FEDERAL EXPRESS
OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
700 NW 107 AVENUE - SUITE 204
MIAMI. FLORIDA 33172
PHONE (305)553-8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-18099 PAGE 2
JACQ A, VICE PRESIDENT
16.A.6.b
Packet Pg. 436 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
CO ier County
Growth Management Department
Development Review Division
April 1, 2019
Fidelity Guaranty and Acceptance Corp
700 NW 107th Ave, Ste. 204
Miami,FL. 33172
RE: Your Irrevocable Letter of Credit No. FGAC-18099 /Lennar Homes, LLC
Bent Creek Preserve Phase 2B
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject performancesecurityvaluemaybereducedby $1,010,186.31, leaving an available security of$238,785.11. Theremainingbalancerepresents100% of the remaining improvements ($137,931.48), plus100,853.63 as the required maintenance security.
An original Amendment to the Letter of Credit, reducing the value of the credit should be submittedtothisoffice, "all other terms and conditions of original Letter of Credit to remain in full force andeffect".
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
02olin diouldlwottAc
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Matt McLean, PE
RWA Inc.
Devebpmerf Review Dimon•2600 North Horseshoe Drive•Naples Ronda 34104.239-252-2400•www cotiergov net
16.A.6.b
Packet Pg. 437 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
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16.A.6.b
Packet Pg. 438 Attachment: Bond Basis (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.c
Packet Pg. 439 Attachment: Resolution (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.c
Packet Pg. 440 Attachment: Resolution (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.d
Packet Pg. 441 Attachment: Plat Map (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.d
Packet Pg. 442 Attachment: Plat Map (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.d
Packet Pg. 443 Attachment: Plat Map (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)
16.A.6.d
Packet Pg. 444 Attachment: Plat Map (17483 : Final Acceptance - Bent Creek Preserve Phase 2B)