Agenda 05/13/2025 Item #16A 8 (Resolution: National Golf and Country Club at Ave Maria, Phase 1, Application Number PL20180003167)5/13/2025
Item # 16.A.8
ID# 2025-1093
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 National Golf and Country Club at Ave Maria, Phase 1,
Application Number PL20180003167, and authorize the release of the maintenance securities in the amount of
$1,569,408.85.
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 January 22, 2021, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in the National Golf and Country Club at Ave Maria, Phase 1.
2. The National will maintain the roadway and drainage improvements at The National at Ave Maria Property
Owners Association, Inc., Ave Maria Utility Company, LLLP, Ave Maria Stewardship Community District and
Ave Maria Master Association, Inc.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on February 24, 2025, 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 document is
attached.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The National will maintain the roadway and drainage improvements at Ave Maria Property
Owners Association, Inc., Ave Maria Utility Company, LLLP, Ave Maria Stewardship Community District and Ave
Maria Master Association, Inc. The existing security in the amount of $1,569,408.85 will be released upon approval by
the Board. The original security of $12,599,722.85 has been reduced to $1,569,408.85 based on the work performed and
completed under the terms of the Construction and Maintenance Agreements dated February 6, 2020.
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
RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in the National Golf
and Country Club at Ave Maria, Phase 1, Application Number PL20180003167, 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 securities.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review
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5/13/2025
Item # 16.A.8
ID# 2025-1093
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
Page 815 of 5243
NATIONAL GOLF AND COUNTRY CLUB
AT AVE MARIA, PHASE 1
LOCATION MAP
Page 816 of 5243
16A6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this (Q-f' day of Ee..ko ;-. 2020 between Lennar Homes, LLC hereinafter
referred to as "Developer", and 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 certain plat of a subdivision to be known as: National Golf and Country Club at Ave Maria, Phase 1
B. Chapter 4 and 10 of the Collier County Land Development Code required 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: Roadways, storm drainage and utility infrastructure.
within _36 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 $ $12,599,722.85 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 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 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 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 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 designee to inspect
the required improvements. The County Manager or 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.
Page 817 of 5243
1 6 A 6
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 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
designee. The County Manager or 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 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'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 se 'urity, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final tot I cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, tog ther with any damages, either direct or
consequential, which the Board may sustain on account of he failure of the Developer to fulfill all of the
provisions of this Agreement.
9. All of the terms, covenants and conditions herein containe are and shall be binding upon the Developer
and the respective successors and assigns of the Develope
IN WITNESS WHEREOF, the Board and the Developer have aused this Agreement to be executed by
their duly authorized representatives this tc+-" day of h.,L)-i,tc., 1 , 20.E
SIGNED IN THE PRESENCE OF: Lennar es, LLC
a Florida limi a liability company,
Witness: ;_.__ By: Darin McMurry, Vice President
Printed me: CC
G.c,. c unA ILO S
Witness: Provide Proper Evidence of Authority)
Printed Printed Name:
t•?('• IX t+
ATTEST: 4...,e/....",.......
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
OF
COLLIER COUNTY, FLORIDA
By:_Deputy CI-lir
N
1 Burt L. Saunders,Chairman
1,? as to Chairman'sApprovedastoformandlegality
ii'?
a'
n only.1k v
Sally Ashkar
Assistant County Attorney
Page 818 of 5243
1 6 A 6FIDELITYGUARANTYANDACCEPTANCECORP .
700 NW 107 AVENUE - SUITE 204
MIAMI , FLORIDA 33172
PHONE ( 305 ) 553 - 8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO.FGAC-20047
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
700 NW 107TH AVENUE,SUITE 204
MIAMI,FLORIDA 33172
PHONE(786)257-4353
DATE OF ISSUE: JANUARY 30,2020
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 JANUARY 30, 2021, 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 GROWTH MANAGEMENT DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $12,599,722.85 (TWELVE MILLION FIVE
HUNDRED NINETY NINE THOUSAND SEVEN HUNDRED TWENTY TWO AND 85/100
US DOLLARS)
RE: INFRASTRUCTURE CONSTRUCTION
PROJECT NAME: THE NATIONAL GOLF AND COUNTRY CLUB AT AVE MARIA,
PHASE 1
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 THE NATIONAL GOLF AND COUNTRY CLUB
AT AVE MARIA,PHASE 1 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.";
OR
B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR THE NATIONAL GOLF AND COUNTRY CLUB AT
AVE MARIA, PHASE 1 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."
Page 819 of 5243
FIDELITY GUARANTY AND ACCEPTANCE CORP . A6
700 NW 107 AVENUE - SUITE 204
MIAMI , FLORIDA 33172
PHONE ( 305 ) 553 -8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-20047 PAGE 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-20047, DATED JANUARY 30,2020"AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS, IF ANY, FORPROPERENDORSEMENT.
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.
JACQUELINE DE SOUZAIVICE PRESIDENT
Page 820 of 5243
.frtr*C-ounty
Growlh Management Departnent
Development Review Division
March2,202l
Fidelity Guaranty and Acceptance Corp
100 NW 107 Ave., Ste. 204
Miami. FL. 33172
RE: Your Irrevocable Standby Letter of Credit No. FGAC-20047 Lennar Homes, LLC
National Golf Club at Ave Maria - PL20180003167
Original Letter of Credit vatue $12,599,722.85
Dear Sir or Madam:
Please be advised that based on the work completed to date and the associated inspections which have been
conducted, the subject Performance Security may now be reduced by $11,030,314.00, leaving an available
balance of $1,569,408.85.
The remaining security includes $1,145,429.35 as the required 10%o maintenance security, plus
$423,979.50 in uncompleted improvements. An original Letter of Credit Amendment should be directed to
this offrce, "all other terms and conditions oforiginal Letter of Credit to remain in full force and effect".
This reduction will become effective upon our receipt ofthe original Amendment.
If I can be ofany further assistance to you in this regard, please let me know.
Respectively,
loHN HOUASWORTH
John R Houldsworth
Senior Site Plans Reviewer
'With authority in these matters'
CC: Kim Davidson, Peninsula Engineering
CityView file
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Page 821 of 5243
FIDELITY GUARANTY AND ACCEPTANC
7OO NW 107 AVENUE _ SUITE 204
MlAMr, FL.ORIOA 33172
PHONE (305)553-8724
\I.\RCIt I l. 2021
IRRf,\:OC.{BLE STANDBY I,I.]TTRR OF CREDIT NO. FtlAC-20047
BUNEFICIARI . THE BOARD OF COti\TY COIII M TSSIONERS. COLLII R COI'NT\ - FI/ORIDA
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C/O CROWTH I\IANAGE\TENT DEPARTTT ENT
28OO NORTH HORSESHOE DRIvE
:,IAPI,ES. FL 34IO{
APPI-ICANT: LENNARHOMES,LLC.(Hf,Rf,l\AFTER"DEVELOPER-)
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Page 822 of 5243
RESOI,I]TION NO.25-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE
IMPROVEMENTS AND PLAT DEDICATIONS IN NATIONAL
GOLF AND COUNTRY CLUB AT AVE MARIA, PHASE 1,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 67, PAGES 55 THROUGH 67, AND RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 10, 2019, approved the plat ofNational Golf and Country Club at Ave Maria, Phase I
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
WHERIAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and release ofthe 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 COLINTY
COMMISSIONERS OF COLLIER COLTNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in National Golf and
Country Club at Ave Maria, Phase I, pursuant to the plat thereof recorded in Plat Book 67, pages
55 through 67, and the Clerk is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within National Golf and Country Club at Ave Maria, Phase 1 will be maintained
privately in the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
_ day of
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
2025.
BOARD OF COLINTY COMMISSIONERS
COLLIER COLINTY, FLORIDA
By
Deputy Clerk
Approved as to form and legality:
Derek D. Pern'
Assistant County Attomey 1\,
Burt L. Saunders, Chairman
(
l2s-E1S-05 t 61 / 193 t232/ t)
q\'2,5
Page 1 ol I
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