Agenda 09/13/2022 Item #16A 5 (Resolution - Final Acceptance Isles of Andalucia)09/13/2022
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Isles of Andalucia, Application Number AR-6156 /
PL20110001785, acceptance of the County maintenance responsibilities for Tract R-1, and
authorizing the release of the maintenance security in the amount of $173,662.12.
OBJECTIVE: To have the Board of County Commissioners (“Board”) grant final acceptance of the
infrastructure improvements associated with the subdivision, and authorize the release the maintenance
security.
CONSIDERATIONS:
1) On March 8, 2011, the Board of County Commissioners granted conditional final acceptance of
the roadway and drainage improvements in Andalucia.
2) The roadway and drainage improvements, except for Tract R-1, will be maintained by the
project’s Homeowners Association. Tract R-1 was dedicated to the County on the plat with
responsibility for maintenance, and the County will accept maintenance responsibility for Tract
R-1.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on July 5, 2022,
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. Maintenance costs for Tract R-1 will be from the Transportation Services and
Maintenance budget. The existing security in the amount of $173,662.12 will be released upon Board
approval. The original security in the amount of $2,928,903 has been reduced to the current amount of
$173,662.12 based on the work performed and completed pursuant to the terms of the Construction and
Maintenance Agreement dated July 18, 2005.
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. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Andalucia, Application Number AR-6156 / PL20110001785, accept the maintenance responsibility for
Tract R-1, 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, Associate Project Manager, Development Review
16.A.5
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09/13/2022
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Plat Map (PDF)
4. Resolution (PDF)
16.A.5
Packet Pg. 432
09/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 22820
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Isles of Andalucia, Application Number AR -
6156 / PL20110001785, acceptance of the County maintenance responsibilities for Tract R-1, and
authorizing the release of the maintenance security in the amount of $173,662.12.
Meeting Date: 09/13/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/13/2022 3:37 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
07/13/2022 3:37 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 07/13/2022 4:24 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/18/2022 7:46 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/20/2022 2:09 PM
Growth Management Department Diane Lynch Growth Management Department Completed 07/27/2022 6:33 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/08/2022 9:59 AM
Growth Management Department James C French Growth Management Completed 08/09/2022 4:49 PM
Growth Management Department Trinity Scott Transportation Completed 08/17/2022 12:20 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/18/2022 10:10 AM
Office of Management and Budget Laura Zautcke Level 3 OMB Gatekeeper Review Completed 08/18/2022 11:29 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/18/2022 5:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2022 11:14 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/25/2022 12:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/13/2022 9:00 AM
16.A.5
Packet Pg. 433
ANDALUCIA
LOCATION MAP
16.A.5.a
Packet Pg. 434 Attachment: Location Map (22820 : Final Acceptance - Andalucia)
CONSTRUCTION AND MAINTENANCE AGREEMENTF'OR SUBDTWSION IMPRO\,EMENI;*'-
IMPR o entered into
ANCE AGREEMENT FOR S UBDryISION
L 2W{_berweenhereinafter referred to as ,,evel oper," and the Board of Coun tyCommissionersf Collier County, Flori d4 hereinafter referred to as the "Board.,'
THIS CONSTRUCTION AND MAINTEN
this 16*day of
o
RECITALS:
A' Deveroper has, simurtaneousry with the derivery. of this Agreernent, appried forthe approval by the Board of a certain plat
"f , *UJirri- to be known as: a,Fr DA 1-o . , o
B. sr4!i\ to.or.64
:::"t"*;;il#;:,{"!:*!,3i]"fl fi :?,*T,l"i","ff ::ff ::.*l;*.Hff :,T;sarrl subdivision regurations,
.said
guarantees a u""i"'*.p*"ed in a bonded agreerrent for theconskuction of the required improvernents.
Now' THEREFoRE- in consideration of the foregoing prernises and mutuar covenantshereinafter set forth. Developer il;;;;;;;;"#;r"rrrt and asree as forows:
l. Developer will cause to be constructed: fua>r:.q. ie{r.rn4.6, ld.qr Ei>
(Lrsr rMPRovEMENrs rtffl*isEi, "
{ \G.raE.
f#;,#a*,"J*t-,"&$:":"fr ;,:X'#ilfl ""aidsubdivisionpra!saidimprovements
2' Deveroper herewith- tenders its subdivision perform:nce security (attached hereto$rr#*:*;"_a uy,er","nce mJr'"^r# r,_""0 i, th" ;;;;;;i.i3qpa.oo
prus r00% *;?:::ff:,Jf:,"i,tj g'##.,i?" *o," **pro" *ftn.,.na
date of this ag.""^"rr. ' ete the requted improvernents at the
' I*txi:H3;r.,.,1:,,'dff"',il:"r#flylT":rg. Deveroper to comprete
,:?Xfl ,"?Tfl f,:I#k1tij;##:1;',.pffio""o:::H#T,.ii*:
4. The required imr
:f.#;i*#;i#trT,: $#H'J: ??'-o'l* 3omnrete untir a statement orrecords have U"* n_;if,"I"#r.HfTeer along.with rhe final project
Services oir"oo]a *-ished for review Lr for compliance ;il;"?:,,llp:val bv the Development.o ter County Land Development
16.A.5.b
Packet Pg. 435 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
6
5' The Deveropment services Director shar, within sixty (60) days of receipt of thestaterrent of substantiar plpl..tioq either: a) notify the ri*"i"p* i" #G "rhis preliminary approyal of the ;-prorre-#r, o; b) notiff ,i" t;;;;; ;vuriting of his refirsal_to lpprove
-improvements,
the."*i*, W.cifyirrr.;";conditions which the Developer must fulfill in order to obtairi d;;;;.approval of the improverne-nts. However, in no event shall the O"""f"p.#Services Director refuse preliminary approval of the improvern*o lf rfr"y L" ifact conskucted and submitted for approvat U ,c*raan"e ,rit the;"q;;;;of this Agreerrent.
' The Developer shall maintain all required improvements for a minim,m period ofone yeax after preliminary approvally the Development serrrices Director. Afterthe one year maintenance period by the oeveroper-ias terminated, th" t;;"i";shall petition the Develropment Services D;;; to inspej th-;"q,#;improvernents. The Development Services Oirector or tris aesigrr"e snai ,6;the improverrents and, if found_to be still in *-pri-* with the collier countyLand Development Code as yflected by final upirouut by rili;;;';;;ishall release the remaining l0% of U," ,rU&ririo" pofo_an* ,;;;;y. Th;Developer's responsibility for maintenance of the required improvements shallcontinue unress or unt, the Board accepts maintenance responsibility for and bythe County.
six (6) months after the execution of this Agreement, and once within everv six(6) months thereafler, the Developer ."y-r"qr;;;-,h";;;##, ;ffi"TDirector to reduce the dorar arnount of the rrillri-.i", performance securitv onthe basis.of work complete, Each request fo. , ,"ar.tiori'; ;..-til.;ilr;,;the subdivision performanl security shall be accompaaied by a statement ofsubstantial completion ty fl.''e neveloferb ;cr";; together with the projectrecords necessarv for review by th; De;;p,oJr, Souir", Director. TheDevetopment services oire"tor il"r*"#ili'J1'{",i.r, ro. a reduction in theffiffi:t*:ill3'.Til,Xl,'**-l;;;vr*,*'i,,p'ou*",,t';;;iJ;
Ia the event the Develoner^sha, fa, or neglect to furfi, its obligations under thisAgreement, and upon "..tifi*tio, ;f il?ffi; ffcounry Adminisbator maycall upon the subdivision p"f"r;;.;;;;r;.;;" satisfactory comptetion-repair and maintenance "i tn" ..qri."a"i.i#"i#rl ry Board shalt hive theright to.constuct and maintain, "1;; ;;;".;;;;:;,to pubric advertisernenr La ."*ip, u, j"#;"fiU##IffiH,"XHffi
;=H# }h,lffi il",,."rop% T p*";;i ;;;; zubdivi sion perrorrn ance
.:,"1?;;""t*,;:"r:{,,r""ff !j1TjHg"#?,:Hi,lim.:1,,#:i:1,T',ff:"::?i:T:i;J;i1,*ff 1H-il,#T, j"trjlfl :l.,"#ffi ,;i
7
8
Code.
16.A.5.b
Packet Pg. 436 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
AII of the terms
stols of this Agreement
binding upon the Developer and
covenanb and condifions herein con tained are and shall beDeveloper.the respective successors and as slgns of theIN WITNESS WHEREOF the Board and thbe ex ecuted by rheir
failure ofthe Developer tA firfill all of the provi
e Developo hathis i86 day
9.
20o{duly authorized representatives ve caused this Ageement toof(J
Ch an
SIGN IN THE
Pri Name
Print Name
ATTEST:
DWIGHTE.,B
SENCE OF:
,CLERK
(NameofEntity) lJhl,/'{ou.rr.g p1.g.
By.
e ,JA l4c6lqvfur
By,.q 88Si,,K"3ffiI,:?lSffisroNERs
\_,By: A-rA-Wtt
Approved
.&"*,arid;"8al sufficlsr.r,
Assistan t county A
ER A.B ELP ED
ttom ey
L
,'. 4
16.A.5.b
Packet Pg. 437 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
fl}Fifth Third Bank
LETTER OF CREDIT NO. CIS404100
ISSUING BANK: FIFTH THIRD BANK, (SOUTH FLORIDA)
BENEFICIARY: THE BOARD OF COUNTRY COMMISSIONERS COLLIER COUNTY, FLORIDA C/0 JOHN HOULDSWORTH ENGINEERING AND DEVELOPMENT SERVICES, 2800 NORTHHORSESHOE DRIVE NAPLES, FLORIDA 34104
APPLICANT: DJMC HOMES, LLC 9130 CORSEA DEL FONTANA WAYNA?LES., FL 34109 ..
LETTER OF CREDIT NO: C!S404100 �ISSUE DATE: JULY 18, .-tPEXPIRATION DATE: JULY 18, 2006 EXPIRATION PLACE: AT OUR COUNTERS AMOUNT: 2,928,903.00 USD TWO MILLION NINE ,.
THOUSAND NINE HUNDRED THREE 00/100
PAGE 1
NE HEREBY ISSUE IN YOUR FAVOR THIS IRREVOCABLE STANDBY LETTER OF �REDIT WHICH IS AVAILABLE BY PRESENTATION OF YOUR DRAFT(S) AT 3IGHT DRAWN ON FIFTH THIRD BANK, (SOUTH FLORIDA) ACCOMPANIED BY rHIS ORIGINAL LETTER OF CREDIT AND THE FOLLOWING DOCUMENTS:
3ENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, :ERTIFYING THAT "DJMC HOMES, LLC HAS FAILED TO CONSTRUCT AND/OR -1AINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF ,UBDIVISION KNOWN AS ANDALUCIA SUBDIVISION OR _A FINAL INSPECTION ,ATISFACTORY TO COLLIER ·coUNTY HAS NOT BEEN PERFORMED PRIOR TO �HE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE ,ECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE 3ENEFICIARY".
>ARTIAL DRAWINGS ARE ALLOWED.IULTIPLE DRAWINGS ARE ALLOWED.
'HIS LETTER OF CREDIT SHALL BE VALID UNTIL JULY 18, 2006 AND :HALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR
16.A.5.b
Packet Pg. 438 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
il/}Fifth Third Bank
LETTER OF CREDIT NO. CIS404100 PAGE 2
PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60)DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIESTHE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUERELECTS NOT TO SO RENEW THIS CREDIT.
THE BANK SHALL NOT BE CALLED UPON TO DETERMINE QUESTIONS OF .FACT OR LAW AT ISSUE BETWEEN THE BANK'S CUSTOMER AND THE BENEFICIARY OF THIS LETTER OF CREDIT.
ALL BANKING CHARGES OUTSIDE OF THE ISSUING BANK ARE FOR THE ACCOUNT OF THE BENEFICIARY.
ALL DRAFTS MUST BEAR THE CLAUSE: "DRAWN UNDER LETTER OF CREDIT NUMBER CIS404100 OF FIFTH THIRD BANK, (SOUTH FLORIDA), DATED JULY 18, 2005. II
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 AMPLIFI ENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFER IN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND '...,_,,..-r-..• L NOT BE DEEMED TO INCORPORATE HEREIN BY . ENT, INSTRUMENT OR AGREEMENT.
THIS ORIGINAL LETTER OF CREDIT, �ENDMENTS, MUST BE SUBMITTED TO THE WY PAYMENTS EFFECTED BY US AND/OR FO
UBSEQUENT ENDORSEMENT OF ON.
iE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE iITH THE TERMS OF THIS LETTER OF CREDIT WILL BE HONORED IF �EGOTIATED OR PRESENTED DURING BUSINESS HOURS ON OR BEFORE THE �XPIRATION DATE AT: .'IFTH THIRD BANK :NTERNATIONAL TRADE SERVICES
18 FOUNTAIN SQUARE PLAZA, MD10903C :INCINNATI, OH 45263
�OMMERCIAL LETTERS OF CREDIT: 513-534-511 9:TANDBY LETTERS OF CREDIT: 513-534-4474
'HIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
1OCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF 'OMMERCE PUBLICATION NO. 500.
16.A.5.b
Packet Pg. 439 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
-� ,7
il}Fifth Third Bank
LETTER OF CREDIT NO. CIS404100
AMENOMENT NUMBER: 001
DATE OF AMENDMENT: AUGUST 03, 2005
ISSUING BANK: FIFTH THIRD BANK (SOUTH FLORIDA)
APPLICANT: DJMC HOMES, LLC 9130 CORSEA DEL FONTANA WAY NAPLES, FL 34109
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS
PAGE
COLLIER COUNTY, FLOR�DA C/O JOHN IHOULDSWORTH ENGINEERING AND -.
DEVELOPMENT SERVICES, 2800 NORT HORSESHOE DRIVE NAPLES, FLORIDA 34104 ;RE: OUR IRREVOCABLE LETTER OF CREDIT N1· FAVOR OF THE BOARD OF COUNTY COMMISSIO RS DJMC HOMES, LLC IN THE AMOUNT OF 2,928, 03
PLEASE AMEND THE ABOVE AS FOLLOWS:
ON PAGE TWO, DELETE WHERE IT READS AS FOLLOWS:
1
ISSUED IN ACCOUNT OF
"ALL BANKING CHARGES OUTSIDE THE ISSUING BANK ARE FOR THE ACCOUNT OF THE BENEFICIARY."
ON PAGE TWO, DELETE PARAGRAPH SEVEN, AND REPLACE WITH THE FOLLOWING: "WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE HONORED IF NEGOTIATED OR PRESENTED DURING BUSINESS HOURS ON OR BEFORE THE EXPIRATION DATE AT: FIFTH THIRD BANK, 999 VANDERBILT BEACH ROAD, MD B9992B, NAPLES, FL 34108, ATTN: JULI MILLER, WHO WILL THEN FORWARD ON TO FIFTH THIRD BANK, INTERNATIONAL TRADE SERVICES, 38 FOUNTAIN SQUARE PLAZA, MD 10903C, CINCINNATI, OH 45263 FOR PAYMENT. 11
16.A.5.b
Packet Pg. 440 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
fffnir*, rhird Bank
LETTER OF CREDTT NO. CIS4O41OO
AI\,IENDMENT NUMBER: 002
DATE OF AITIENDMENT:
AUGUST 1_7, 2005
TSSUTNG BATitrK:
FIFTH THTRD BANK (SOUTH F],ORIDA)
APPLICAMT:
D,JMC HOMES, LLC
91"30 CORSEA DEL FOMIAI.IA WAY
NAPLES, FL 34109
PAGE ].
BENEFICTARY:
THE BOARD OF COUNTY COMMTSSIONERS
fi3t#8fi"fi3flI$a,iiB*iRt ;(,3'offi
DEVELOPMENT SERVTCES, 2gOO NORTTf**
HORSESHOE DRIVE
NAPLES, FLORIDA 34104
RE: OUR IRREVOCABLE IJETTER OF OO ISSUED IN
FAVOR OP THE BOARD OF COUMTY COMMISSI
FIJORIDA FOR TI{E ACCOUMT OF D.]MC HOMES2,928,903.00 USD
COUMTY,
AMOUTiTT OF
PIJEASE A!,IEND THE ABOVE AS FOLLTOWS:
ON PAGE T}IIO, DELETE PARAGRPA}I SEVEN AI{D REPLACE WITH THE
FOLLOWING:
IIWE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER A}TD IN COMPLTANCEWITH THE ?ERMS OF THTS LETTER OF CREDIT WTIJIJ BE HONORED IF
NEGOTTATED OR PRESEMIED DURTNG BUSINESS HOURS ON OR BEFORE THEEXPIRATION DATE AT: FIFTH THIRD BAI{K, 999 VAIVDERBIIJT BEACH RoAD,MD 89992E}, NAPLES, FL 34108, ATTN: LETTER oF CREDTT DEpARTMENT,OR FTFTH THIRD BA}IK, TNTERNATIONAL TRADE SERVTCES, 38 FOUNTAIN
SQUARE PLAZ,A, MD 10903C, CINCTNNATT, OH 45253".
ALIJ OTHER TERMS A}ID CONDITIONS REMAIN UNCHANGED.
REGARDS,
IA}! J rIASSISVICE PRESIDENT TRADE SERVI S SUPERVTSOR
16.A.5.b
Packet Pg. 441 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
fl}Fifth Third Bank
LETTER OF CREDIT NO. CIS404100 PAGE 2
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
REGARDS,
N ASS
G ATURE WILLIAM J. NARTKER TRADE SERVICES SUPERVISOR
16.A.5.b
Packet Pg. 442 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
f/DFifth Third Bank
AMBBDMENT TO IRREVOCABLE BARK LBTTBR OF CR.EDIT
EVIDDCE OP AUTHORITY
Dated August 17, 200s
This document is to certify that Greg Hahn, Assistant Vice President and Wllllam J. Nartker II, Trade services supervisor, have the necessary authority to execute the S2,928,903.00 amendment to irrevocable sank Letter of credit Number CIS404100 issued August 17, 2005 on behalf of The Board of county commissioners Collier county, Florida for the account of DJMC Homes, LLC for Fifth Third Bank, (South Florida)
FIFTH THIRD BANK
��tericJ$W Vice President
16.A.5.b
Packet Pg. 443 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
ANDALUCIA
cr,c#03.297
Engineer's Opinion of Probable Construction Costs
September 2004
SI'MMARY
A- CONSIRUCTION COSTS
TOTAL Constructior Costs | 2AU,4s2.50
B. PEBMIT APPLICATION RXVEW & INSPECIIONEEES TOTAL S 9,033.03
$ 2,433,4t5.53
I 1
z.ba!, tst4. o6
O-lL t
J.d
SI,'BTOTAI
I Eartb ork $ 1,070,95?.00
tr Potable Water Digtrrbutiou SyEtqD $ 272,U9.00
m Sanitary Sewcr Collection System s 431,947.00
Iv Drain,ge $ t55,759.00
Paving, Grading & Miscellaneous $ 553,?40.50
J:\DATAuo03\o329^CiviI\ENG REPoRTu3297-EOPCC-20040929(suDEarv)
C&rz"z.
,.-Z?..f
Page 1of7
GRAND TOTAL
ITEMI
No. IDESCRTTION
16.A.5.b
Packet Pg. 444 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
COLLIERCOI-INTY
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive . Naples, Florida 34104
July 10,2006
Fifth Third Bank
Attn: Juli Miller
999 Vanderbilt Beach Road, D P99928
Naples, FL. 34108
RE: Letter of Credit No. CIS404i00
Dear Ms. Miller:
Please be advised that based on the work completed to date, the subject letter of credit
may now be reduced by $2,592,576.25,1eaving an available balance of $336,326,75. An
original amendment should be directed to this office reducing the value of the credit, "all
other terms and conditions of original letter of credit to remain in full force and effect".
Since we have received Notice that this letter of credit will not be renewed, we will need
a replacement letter of credit by July 12, 2006, or we will be forced to draw on letter of
uedit No. CIS404100 to ensure compliance with the Collier County Land Development
Code.
If I can be of any further assistance to you in this regard, please let me know
Senior Engineer
Cc: Coastal Engineering Consultants
Tom Kuck, P.E., Engineering Director
, ,ffTC C oult!
Phone (239)659-5744 Fax(239) 530-6201 www.colliergov.net
16.A.5.b
Packet Pg. 445 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
fflfrirt rhird Bank
LETTER OF' CREDTT NO. CIS4O41OO PAGE 1
AIvIENDMENT NUMBER: OO3
DATE OF AMEIIDMEMT:
,rvLY L2, 2006
ISSUING BANK:
FTFTH THIRD BANK (SOUTH FLORIDA)
APPI.IICANT:
DJMC HOMES, LIJC
9l-30 CORSEA DEL FONTAI\TA WAy
NAPLES, FL 34109
BENEFICTARY:
THE BOARD OF COUMTY COMMTSSIONERS
CoIJLIER COUMIY, FIJORTDA C/C .IOHN
HOULDSWORTH ENGINEERING AI{D
DEVELOPMEMI SERVICES, 2800 NOR
HORSESHOE DRIVE
NAPLES, FIJORTDA 34L04
RE: OI,,R IRREVOCABIJE LETTER OF O ISSI'ED INFAVOR OF THE BOARD OF COI'NTY COMMISS COUIiITYFOR THE ACCOUNT OF D,JIyIC HOMES, LLC IN2,929,903.00 usD
PIJEASE AIVEND THE ABOVE AS FOLI.TOWS:
wE HEREBY RESCIND otR NON-RENEWAIT NOTTCE DATED MAy 12, 2006.
EXPTRATTON DATE rs Now AI,IENDED To READ ,furJy 18, 2oo7 .
DECREASE THIS CREDTT By 2,592,52G.25 U.S. DOLI"ARS To A TOTAIJoUTSTAI$DING oF 336,326.75 U.s. DoLLARS (LEss AIvy pAyMEMrs).
ALL OTHER TERMS AND CONDITIONS REMATN UNCHANGED.
REGARDS
I RECEI u E u
ll lir!:.I 4
,
16.A.5.b
Packet Pg. 446 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
LETTER OF CREDIT NO. CrS4O4].OO
AIVIENDMEIIT NUMBER: OO4
DATE OF A]VIENDMEMI:
,JUNE 06, 2007
ISSUING BAITIK:
FIFTH THIRD BAI.IK, (SOT'TH FLORfDA)
APPLTCAMT:
D,JI"IC HOMES, IJLC
9130 CORSEA'DEL FONTAIVA WAY
NAPLES, FL 34]-09
BENEFICTARY:
TI{E BOARD OF COUNTY COMMTSSIONERS
COLLIER COUNTY, FIORIDA C/O .IOHN
I{OTILDSWORTH ENGTNEERTNG AIVD
DEVELOPMEMI SERVICES, 2800' NORTH
HORSESHOE DRIVE
NAPLES, FLORIDA 34:-04
ffirnrr rhird Bank
ffi
PAGE 1
RE: OI]R TRREVOCABLE S4O41OO TSSUED ON .JULY18, 2OO5 IN FAVOR OF THE ISSIONERS COLLIERCOUNTY, FLORIDA FOR THE s, LLC
PLEASE AIITEND THE ABOVE AS
WE HEREBY RESCTND OUR NON-RENEWAL NOTTCE DATED MAY 14 , 2007.
ALL OTI{ER TERMS AI.ID CONDITIONS REMAIN UNCHANGED.
REGARDS
EXPTRATTON DATE rs Now AI,IENDED To READ ,JULY 18, 2008.
16.A.5.b
Packet Pg. 447 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
FIFTH THIRD BANK
16.A.5.b
Packet Pg. 448 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
COLUERCOUNTYGOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION Engineering and Environmental Services 2800 North Horseshoe Drive • Napfes, Florida 34104 May 18, 2009 DJMC HOMES, LLC 9130 Corsea Del Fontana Way Naples, FL. 34109 Re: Irrevocable Letter of Credit No. CIS404100 Andalucia-AR-6156 Dear Sir or Madam: Collier County has received notification from Fifth Third Bank that they elect not to renew the above referenced letter of credit. This letter of credit currently serves as the construction and maintenance security for the subdivision related improvements in Andalucia. Because of review and scheduling time, a replacement security must be received by Engineering Review no later than July 1, 2009. Should no replacement be received, Collier County may be forced to draw on Letter of Cred it No. CIS404 l 00 to ensure compliance with the Collier County Land Development Code. Please attend to this matter at your earliest convenience. Should you have any questions or require additional information, do not hesitate to contact this office. Sincerely, Jo�sworth Senior Engineer JRH/ew xc: Clerk to the Board Steve Williams, Assistant County Attorney Engineer of Record C 0 C Phone (239) 252·5866 Fax (239) 252-6201 0 .. " t; y www.colliergov.net 16.A.5.b
Packet Pg. 449 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
Frprrr TnrRo Betrtx
LETTER OF CREDIT NO. CIS4O41OO PAGE 1
AMENDMENT NIllvlBER : 0 05
DATE OF A]VIENDMENT
,fuNE 30, 2008
TSSUfNG BANK:
F]FTH THIRD BANK, (SOUTH FLORIDA)
APPLICANT:
DJMC HOMES, LLC
9130 CORSEA DEL FONTANA WAY
NAPLES, FL 34109
BENEFICIARY:
THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA C/O JOHN
HOULDSWORTH ENGTNEERING AND
DEVEI,OPMENT SERVICES , 28OO NORTH
HORSESHOE DRIVE
NAPLES, FLORIDA 34104
RE: OUR IRREVOCABLE LETTER OF CREDIT NO. CIS404100 ISSUED ON JULY
18, 2OO5 IN FAVOR OF THE BOARD OF COUNTY COMMISSIONERS FOR THE
ACCOITNT OF D,fMC HOMES, LLC
PLEASE A]VIEND THE ABOVE AS FOLLOWS
LETTER OF CREDTT NO. CIS4O4lOO HAS BEEN C}IANGED TO S4O41OO
DOCUMENTS PRESENTED PRIOR TO THIS NOTICE REFERENCING THE OLD
LETTER OF CREDIT NUMBER WILL NOT BE CONSIDERED A DTSCREPANCY.
HOWEVER, ANY DOCUMENTS PRESENTED AFTER THIS NOTICE SHOULD BEAR
THE NEW LETTER OF CRED]T NO. S4O41OO.
WE HEREBY RESCIND OUR NOTTCE OF NON-RENEWAL DATED MAY L2, 2008.
EXPIRATION DATE IS NOW A]ViENDED TO READ .fULY 18, 2009.
ALL OTHER TERMS AND CONDITfONS REMAIN UNCHANGED
REGARDS,
IAUT DSI
16.A.5.b
Packet Pg. 450 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
07/17/2009 12:37 1-513-358-5'350
FIFTH THIRD BANK
LETTER OF CREDIT NO. 6404100
AMENDMENT NUMBER: 006
DATE OF AMENDMENT: JULY 1"f, 2009
ISSUING BANK:
l''IF'Tf.l THIRD BANK, (SOUTH FLORIDA)
APPLtCANT: DJMC H\:lMES, LLC 9130 CORSEA DEL F'ONTANA WAY NAPLES, FL 34109
BENEFICIA.lW:
'rl-!E EOARD OF COUNTY COMMISSIONERS COLLIE� COUNTY, FLORIDA C/O JOHN
HOULDSWOR'!'H ENGINEERING AND DEVELOPMENT SERVICES, 2900 NORTH HORS!!:SIHOE DRIVE NAPLES, FLORIDA 34104
PAGE 1
RE: OUR IRREVOCABLE LmTTER OF CREDIT NO. S404100 ISSUED ON JULY 18, 200S IN FAVOR OF THE BOA.RD OF COUNTY COMMISSIONERS
COLLlE:R COUNTY, FLOIUDA. C/0 JOHN HOULDSWORTH ENGINEERING AND DEVELOPMENT SERVICES, FOR THE ACCOUNT OF DJMC HOMES, LLC
PLEASE AMENP THE ABOVE AS FOLX.,OWS :
WE HEREBY RESCIND OUR NOTICE OP' NON-RENEWAL DATED MAY 11, 2009.
EXl:"'IP-.ATION DATE IS NOW AMENDED TO READ JULY 18, 201.0.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
PAGE 01/01
16.A.5.b
Packet Pg. 451 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
COLLIER COUNTY I,AND DEVELOPMENT CODE
PERFORMANCE BOND
BOND NO. 103480t
KNOW ALL PERSONS BY THESE PRESENTS: that
WSC.L ANDALUCIA VI, LLC
900 N. MTCHIGAN AVENUE, SUITE 1900
CHICAGO, IL 6061I
(hereinafter referred to as "Owner") and
LEXON INSURANCE COMPANY
9OO S. FRONTAGE RD., STE. 250
WOODRIDGE, IL 605I7
(hereinafter referred to as "Surety") are h€ld and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Three Hundred Thirty Six Thousand Three
Hundred Twerty Six and 75/t00 Dollars ($336,326.75) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Andalucia and that certain subdivision shall include specific improvements which are
required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation
of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by
the Board of County Commissioners of the specific improvements described in the Land Development negulationi
(hereinafter the "Guaranty Period")
:).YJffi:rYr:EREoF' the parties hereto have caused this PERFoRMANcE BoND to be executed this 186 day
NOw, THEREFORE, if the owner shall wetl, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisry all
claims and demands incurred and shall fully indemnify and save harmless the County Ilom and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shali be voia, otherwise toremain in full force and effect.
PRoVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extensionof time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation onthis Bond, and it does hereby waive notice of any such change, extension of time, alteration, aidition or deletion to theproposed specifi c improvements.
PRoVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically andimmediately, without formal and separate amendments hereto, so as to bind the owner and the suretylo the full andfaithful performance in accordance with the Land Development Regulations. The term ,,Amendment,,, whereyer used inth^is Bond, and whether referring to this Bond, or other docurn"r,.ir,"tt include any alteration, addition or modificationof any character whatsoever.
(Owner's witness and signature block)
, (Surety,s witness and signature block)(notary and acknowledgment for bothbwr". anJi'u.ety ."quiredl
LDCA:6
\g*\6t
16.A.5.b
Packet Pg. 452 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
Bond No. 1034801
Page 2
WSC-L ANDALUCIA VI, L.L.C.,
a Delaware limited liability company
Witness:
By
Walton Acquisition REOC Master Vt, L.L.C.
a Delaware limited liability company
Its Sole Member
By
Walton Andalucia lnvestors Vl, L.L.C.
a Delaware limited liability company
Its Managing Member
,,,^, o * *,, /n,' ha 7o" A e,,"o
Witness:
Walton Street Real Estate Fund VlgQ, 1.P.,
a Delaware limited partnership
Its Managing Member
By Walton Street Managers Vl, 1.P.,
a Delaware limited partnership
Its General Partner
By:WSC Managers Vl, lnc.,
a Delaware corporation
Its General Partner
By:
Name:
Title:
LEXON INSURANCE COMPANY
By:
Dawn L. Morgan, A -in-Fact
FL Lic. No. P0tt322
a <.-
By:-<)
By:
By:
1
Bonnie J. Kruse
16.A.5.b
Packet Pg. 453 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
February 14,2011
Ms. Dawn Morgan, Attomey-in-Fact
Lexon Insurance Company
900 S. Frontage Rd., Ste. 250
Woodridge, IL. 60517
RE: Performance Bond No. 1034801 / WSC-L Andalucia VI, LLC
Dear Ms. Morgan:
Please be advised that based on the work completed to date, the P
Bond may now be reduced by $162,664.63,leaving an available of $173,662.12.
An original Bond Rider should be directed to this office reducing
"all other terms and conditions of original Performance Bond to remain in fi:ll force and
effect".
IfI can be ofany f,rther assistance to you in this regard, please let me know.
Sincerely,
John R. Houldsworth
Senior Site Plans Reviewer
Cc: WilsonMiller
16.A.5.b
Packet Pg. 454 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
LEXON INSURANCE COMPANY
Decrease Bond Penalty Rider
To be attached to and form a part of Bond No. 1034801
Effective: February 18, 2010
Bond Amount: S336J26.75
Principal: WSC-L Andalucia \rI, L.L.C., a Delaware timited liability company
900 North Michigan Aye., Ste. 1900, Chicago, IL 60611
Surety: Lexon Insurance Company
900 S. Frontage Rd., Ste. 250, Woodridge, IL 60517
Obligee: Collier Co., Florida
2800 North Horseshoe Dr., Naples, FL 34104
in consideration of the mutual agreements herein containe4 the Principal and Surety hereby
consent to:
Effective February 14,2011, the penal sum ofthis bond is hereby reduced from:
$336,326.75 to $17 3,662.72.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
Signed and Sealed: March 8, 201 I
WSC-L VI, L.L.C., a Delaware limited liability company
Principal
(See page 2 signatory page)
Lexon Insurance Company
Surety
(See page 2 signatory page)
16.A.5.b
Packet Pg. 455 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
Bond No. 1034801
Page 2
WSC-L ANDALUCIA VI, L.L.C.,
a Delaware limited liability company
By:
wi
By:
Walton Acquisition REOC Master Vl, L.L.C.
a Delaware limited liability company
Its Sole Member
Walton Andalucia lnvestors Vl, L.L.C.
a Delaware limited liability company
Its Managing Member
By:
By
Printed Name Mmuew 'P.@69
Witness:
Walton Street Real Estate Fund Vt-O, 1.P.,
a Delaware limited partnership
Its Managing Member
By Walton Street Managers Vl, 1.P.,
a Delaware limited partnership
Its General Partner
By:WSC Managers Vl, lnc.,
a Delaware corporation
Its General Pa rtner
By:
Name:
Title:L1.
LEXON INSURANCE COMPANY
By:
Dawn L. Morgan,-in-Fact
FL Lic. No. P011322
By:z-/
Bonnie J. Kruse
16.A.5.b
Packet Pg. 456 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
POWER OF ATTORNEY Lx- 71838
KNOW ALL MEN BY THESE PBESENTS, that LEXON INSUBANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kenlucky, does hereby constitute and appoint;
James L Moore Bonnie Kruse, Stephen L K^zmer, Dawn L. Morgan, Peggy Fausl**ttr*'*t +*i*
Kelly A Gardner EIaine Marcus, Jennifer J. Mccomb, M€lissa Schmidl, Joel E. Speckman, Heather A Beck, Tariese M. Pisciotlo * $i " ' t "t "
its true and laMul Attorney(s)-ln-Fact to make, execute, seal and deliver lor, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature ot a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2OO3 as fottows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-ln-Fact to execute on behall of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two-million five hundred thousand dollars, which the Company
might execute through its duly elected ofiicers, and alfix the seal of the Company thereto. Any said execution of such documents by an
Attorney-ln-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
otficers of the Company. Any Attorney-ln-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature oI the President and the seal of the Company may be atfixed by lacsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be afiixed by ,acsimile to any certificate oI any such power
and any such power or certificate bearing such lacsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be aftixed this 2nd day oI July, 2003.
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
ACKNOWLEDGEMENT
"OTFICIAL SEAI'
MALREEN K. AYE
Notary Publiq State of Illinois
My ConmissioD Expires 09/21113
a/^-\- f
l, the undersigned, secretary of LExoN INSURANCE GoMPANY, A Texas lnsurance company, Do HEHEBy cERT|Fy that theoriginal Power of Attorney of which the foregoing is a true and correct copy, is in full force and efrect and has not been revoked and theresolutions as set forth are now in force.
CERTIFICATE
Maureen K. Aye
Nolary Public
Signed and Sealed at Lombard,tinois this 24th p", o1 February zo ll
Donald D. Buchanan
Secretary
"WARNING: Any person who knowln gly and with intent to defraud any insurance com pany or other person , files an application for ins urance orstalement ol claim containin any materially lalse inlormation , or conceals for the purpose o, misleading, I
s
,act materi-
al thereto, commits a fraud;le nt insurance act, which is a cri me and subjects su ch person to crimlnal a;d
nformation concernino anvcivil penalties.',
Lexon Insurance Company
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrumenti that
he executed said instrument on behall of the corporation by authority of his otFice under the By-laws oI said corporation.
TEXAS
INSURANCE
COMPANY
LXl
16.A.5.b
Packet Pg. 457 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
ACKNOWLEDGMENT OF SURXTY
STATE OF ILLINOIS }
} S.S.
COUNTYOFDUPAGE }
On February 24,2011, before me, a Notary Public in and for said County and State,
residing therein, duly commissioned and swom, personally appeared Dawn L. Morgan,
known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation
described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument on behalfofthe said corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affrxed my official seal, the
day and year stated in this certificate above.
Notary Public -eJ.
OFFICIAL SEAL
BONNIE J. KRIJSE
NOTARY PUBLIC . STATE OF ILUI{OIS
co MrssDN EXPTFES NOVEIIiEER 29, m12
My Commission Expires on November 29,2012
16.A.5.b
Packet Pg. 458 Attachment: Bond Basis (22820 : Final Acceptance - Andalucia)
16.A.5.c
Packet Pg. 459 Attachment: Plat Map (22820 : Final Acceptance - Andalucia)
16.A.5.c
Packet Pg. 460 Attachment: Plat Map (22820 : Final Acceptance - Andalucia)
16.A.5.c
Packet Pg. 461 Attachment: Plat Map (22820 : Final Acceptance - Andalucia)
16.A.5.c
Packet Pg. 462 Attachment: Plat Map (22820 : Final Acceptance - Andalucia)
16.A.5.c
Packet Pg. 463 Attachment: Plat Map (22820 : Final Acceptance - Andalucia)
[22-EIS-04696/1731550/1] Page 1 of 1
RESOLUTION NO. 22-____
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE
OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN
ANDALUCIA AND ACCEPTING MAINTENANCE RESPONSIBILITY
OF TRACT R-1, ACCORDING TO THE PLAT THEREOF RECORDED
IN PLAT BOOK 43, PAGES 93 THROUGH 97, AND RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 8, 2005, approved the plat of Andalucia 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 the 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 Andalucia, pursuant to the plat thereof
recorded in Plat Book 43, pages 93 through 97, and the Clerk is hereby authorized to release the
maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Andalucia, except for Tract R-1, will be maintained privately in the future
and will not be the responsibility of Collier County. Collier County will maintain Tract R-1
(Whippoorwill Lane), which was dedicated on the plat to the County for public road right-of
way, drainage, and stormwater purposes.
This Resolution adopted after motion, second and majority vote favoring same,
this 13th day of September 2022.
ATTEST:
CRYSTAL K. KINZEL
_____________________________
, Deputy Clerk
Approved as to form and legality:
_____________________________
Derek D. Perry
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: __________________________________
William L. McDaniel, Jr., Chairman
8/17/2022CAO
16.A.5.d
Packet Pg. 464 Attachment: Resolution (22820 : Final Acceptance - Andalucia)