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Agenda 05/10/2016 Item #16A 9n 5/10/2016 16.A.9. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the private roadway and drainage improvements for the final plat of Marsala at Tiburon (AR -7629) and authorize the acceptance of the plat dedications and release of the maintenance security in the amount of $211,836.03. 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 in the amount of $211,836.03. CONSIDERATIONS: 1) On December 12, 2007, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Marsala at Tiburon. 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. Staff 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.1 of the Land Development Code. A copy of the document is attached. 5) This Pelican Marsh PUD which encompasses Marsala at Tiburon has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of $211,836.03 will be released upon Board approval. The original security in the amount of $2,633,982.73 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 September 19, 2006. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To accept final acceptance of the roadway and drainage improvements in Marsala at Tiburon (AR -7629), and authorize; Packet Page -449- 5/10/2016 16.A.9. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Construction & Maintenance Agreement 3) Resolution Packet Page -450- 5/10/2016 16.A.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.9. Item Summary: Recommendation to approve final acceptance of the private roadway and drainage improvements for the final plat of Marsala at Tiburon (AR -7629) and authorize the acceptance of the plat dedications and release of the maintenance security in the amount of $211,836.03. Meeting Date: 5/10/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review 3/25/2016 5:33:33 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 3/30/2016 4:52:30 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 3/30/2016 4:53:19 PM Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 3/31/2016 12:41:04 PM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 4/7/2016 2:37:17 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 4/15/2016 10:31:24 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Packet Page -451- Date: 4/20/2016 4:10:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2016 5:03:42 PM 5/10/2016 16.A.9. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/22/2016 2:39:20 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/29/2016 3:51:37 PM Packet Page -452- LOCATION MAP IMPERIAL LIKES HEATHERW000 ESTATES HHI TON m WAIL LLS � CREEK TERAFINA 14 PELICAN STRAND 17 16 SYN. PHUT 1} CASTLEW00D INTFANAR— AT IMPERIAL AUOEMx (ORI) I8 F o o0olom DA MNCI MADEIRA ESTATES IN OLDE CYPRESS WAIL LONGS— 23 NORTH PIPER BLVD. NAPLES MEDICAL OFFlCE MEDICAL 24 opZ N PELICAN CARLTON S OR) LAKES 19 LAKE 20 21 OLDS CYPRESS CM11E HFEEN WILLWGHBY O (pRl) HEgPR ' DEVELOPMENT GARDENS p2 IMMOKALEE PARK VETERAN'S G>> NORTHB PLAZA COKE PARK COMMOrvS CENTER O E6Ml GREEN O NAPLESIMMONALEE ROAD 1 R. Bib) GAD ( C 8) B >z SJR— CENTER RECENT APRIL C AVALESCENT PARK GI OOV YETRAN'S NORTHSIOE P K MEDICAL ER TMT LAKES 29 CE 26 MLANE OOLDEN GALE ESTATES 28 STONEBRIOGE 25 TN s BOSLEy P. rc UNIT 97 HERITAGE RICAS GREENS BREEZEWDOD r) LRESC i AXE LIMNGSTON � ESTATE GREENS ,• (D SiANDSING PROJECT CSA11N PELICAN PELICAN ISLANDWALK (ORI) MARSH MARSH DRI) (DRI) AT ,v n (DRI) LOCATION 35 V 36 31 33 A WALGREENS vE 32 4ARXER LAKE LLAS L.ES � LAKES 88a GOLDEN GALE ESTATES -NET- W PLAZA UNIT 96 L VANDERBILT BEACH ROAD VANDERBILT BFj CH ROAD FOUNTAIN VA BR OGEWOOD NOERBILT RIC C LEuuR. PARK MNEYARDS TRUST BRIGHTON (ORI) GARDENS MONTEREY EMERALD BUCKLEY MNEYARDS MIXED USE (ORI) LAKES CITRUS OAK GARDENS GROVE MNEYARDS (DRI) 4 2 CAY OR GE S 1 5 GOLDEN CAIS LAGOON 0 —Bv ml BL Spl 6 / LONGMEw FlRST ESTATES UNIT 95 PO SLEEPY E(s)c ENTER BAPTST VF.W. F HOLLOW CHURCX (S) BEAR CREEK SAKE N 'PRINCESS KEYSTONE PLACE MLALOW PARK P RK vAAv� GOLDEN GATE ESTATES ANCHESMR tO UNIT 35 .EAR SQUARE 7 MNEYARDS 11 LAKES PARK 12 ANGILERI (DRI) 8 g (M,) MISSI CENTRAL CYPRESS CAMBRIDGE PINE RIDGE NORTH GOLDEN GATE SOUAR ,IAEGER GLEN $QUARE / SUMMERWINO RAGGE CORNERS ESTATES UNIT 32 MLES L—JLCLESEN GATEWAY (S) (C.R. 898) B RIDGE PINE RIDGE ROAD PINE RIDGE ROAD THE RGEaLATEO 1D E w3 6UMEFLANO IDE (C.R. 896) FA115 MEADOWBROOK Z ASTRON PLAZA MOOPoKGS FOREST _ WE EST. HO ES V PRESS � ' EWE—WHIPPOORWILL LAKES 17 16 NAPLES 14 M HIWASSE d 13 CENtER GOLDEN GATE ESTATES GOLDEN GATE B.kT.C. G KENSINGTON ARLAKES' Ta WHINES LAKES RWILI DINES UNIT 33 S UNIT UNIT 36 F TWERI PARK nWORLD EVANS GENNIS CENTER WHIPPOORv BALMORAL L OODS GREEN BOULEVARD LOCATION MAP MARSALA AT TIBURON SITE MAP PELICAN MARSH o0olom ILII■ � �� iii ,• t�►► �� 1/11111111111111111111111► MARSALA AT TIBURON SITE MAP 5/10/2016 16.A.9. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this I 9YK day of SEAT EJJA UR., 20tp, between WCI Communities Inc. 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: Marsala at Tiburon. 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: Potable water, sanitary sewer, storm sewer, roads, lighting, landscaping and irrigation 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 $2,675,232.73 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 furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. n...... , _C12 Packet Page -454- S 5/10/2016 16.A.9. 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 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 Packet Page -455- 5/10/2016 16.A.9. 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 the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this l)TK day of S0,rmw",,bt.4t,. 20CLU . SIGNED IN THE PRESENCE OF: Print Name: r� i �. •_� )rint Nan ATTEST:. DWIGHT E. BROCK, Clerk Byf,it. A11.0 . eputy Clerk rit 'm is Ch ima .I signet" 041q Approved as to form and legal sufficiency: BY: Jeff E. WV* t, ls�iistant County Attorney Approved Form — JAK — February 2006 WCI COMMUNITIES, INC. By: J. I ESlEL Sk% A944.-Mrt �F L.+4+ND DEJ6 LCfME r' Print Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chairman D-1 ..r'2 Packet Page -456- 5/10/2016 16.A.9. PERFORMANCE BOND Bond No. 1017803 KNOW ALL PERSONS BY THESE PRESENTS: that WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34134 (hereinafter referred to as "Owner") and Lexon Insurance Company 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL 60148-4979 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two Million Six Hundred Seventy Five Thousand Two Hundred Thirty Two Dollars and Seventy Three Cents ($2,675,232.73) 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 will complete the requirements of development order permit no. 2005020033 for the project "Marsala at Tiburon" pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on June 6, 2006 and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, ("The Guaranty Period"). NOW, THEREFORE, if the Owner shall well, 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 satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from 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 shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Page -457- 5/10/2016 16.A.9. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 31" day of Maw. W XNESSES: r te--�o,4 Eal Printed Name Printed Name MESSES: (Owner's witness and signature block) WCI Communities, Inc. Printed Name to include Title (Surety's witness and signature block) Lexon Insurance CompanX 1 Kellv A. Jaco s. A ev-in-Fact Printed Name Printed Name to include Title (Separate notary and acknowledgment for Owner and Surety required) STATE OF ALt)12 COUNTY OF 1--;c NI Tlr�i�''+.: ?S G�OPp OR,: SEA 19� SEAL 1987 . OFA AW PQM': The foregoing PERFORMANCE BOND was acknowledged before me this 74 day of JA1e , 20!1G, by EIW&Sr 3 SCNiV,ib 4&t as Vier r�L� s3 At% of WCI Communities, Inc. . persona nown o me or has produced &YA as identification. PRINTED NAME Packet Page -458- JAKETH P. HALL Notary Public, State of Florida My comm. ex ires Feb. 8, 2008 C,;Mm. ? Q$8}t71 5/10/2016 16.A.9. STATE OF ILLINOIS COUNTY OF DUPAGE The foregoing PERFORMANCE BOND was acknowledged before me this 31" day of May, 2006, by Kelly A. Jacobs as Attorney -in -Fact of Lexon Insurance Comp anX who is personally known to me. NOTARY PUBLIC — STATE OF ILLINOIS _Melissa Schmidt (SEAL) PRINTED NAME OFFICIAL SEAL MELISSA SCHMIDT NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES-MI23/08 Packet Page -459- 5/10/2016 16.A.9. POWER OF ATTORNEY Lexon Insurance Company LX- 0075P, KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Michael J. Scheer, James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Kotovsky its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of 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 1 st day of July, 2003 as follows: 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 -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 2,700,000.00, Two million seven hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -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 of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile 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. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. A TEXAS ; INSURANCE �Z COMPANY C ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY David E. Campbell President 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 instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. *OFFICIAL SEAL' LYDIA J. DEJONG }NOTARY PUBLIC STATE OF fLLtNOtS V MY COMMISSION EXPIRES 1/12/2007 Lydia J. DeJong �) CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 31st Day of May 20 06 Packet Page -460- ��tANCF A 0.* TEXAS '•�-� Lj A X'- INSURANCE :2 W �. COMPANY C '••.,. Donald D. Buchanan Secretary Packet Page -460- 5/10/2016 16.A.9. COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering and Environmental Services 2800 North Horseshoe Drive - Naples, Florida 34104 January 6, 2008 Lexon Insurance Company 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL. 60148-4979 RE: Your Performance Bond No. 1017803 / WCI Communities Marsala at Tiburon Escrow Draw Request Dear Sir or Madam: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by the amount of $2,242,158.25, leaving an available balance of $433,074.48. An original Bond Rider should be directed to this office reducing the value of the Performance Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect". Please call this office if you have any questions or need any additional information. Sincerely, Join R. ou sworth Senior Engineer jrh cc: Grady Minor & Associates / Elizabeth Fountain, P.E. Daryl Hughes, Engineer t y w m.colliergov.net Phone (239) 252.5866 Packet Page -461- 5/10/2016 16.A.9. Lexon Insurance Company To be attached to and form a part of Bond No. 1017803 Effective: 5/31/06 Bond Amount: $2,675,232.73 Executed by: WCI Communities, Inc., as Principal and by Lexon Insurance Company, as Surety in favor of Collier County, FL (Obligee) in consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to reducing the bond amount from: $2,675,232.73 to $433,074.48 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective January 6, 2008 Signed and Sealed January 21, 2008 WCI Communities, Inc. Principal By: EST >�� t-.��N• VPc? c0 Lexon insu ce 6ompan Surety By: -- Elaine Marcus, Attorney -in -Fact Florida License #P114950 Packet Page -462- CORPORATE ACKNOWLEDGMENT FORM STATE OF FLORIDA COUNTY OF LEE 5/10/2016 16.A.9. On this 23`d day of January , 2008, before me personally appeared Ernest J. Scheidemann to me known, who, being by me first duly sworn, did depose and say that he resides in Collier County, Florida, and that he is a Vice President & CFO of WCI Communities, Inc., a Delaware corporation, being the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the corporate seal affixed to said instrument is such corporation's seal; that such seal was so affixed by order and authority of the Board of Directors of said corporation; and that he signed his name thereto by like order and authority. My commission expires: Q'I-X44 Not Public State of Florida Janeth P. Hall Printed Name of Notary Public DD288471 Notary Public Commission Number Packet Page -463- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN MARSALA AT TIBURON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, PAGES 11 THROUGH 14; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 6, 2006, approved the plat of Marsala at Tiburon 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 Growth Management Department 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 Marsala at Tiburon, pursuant to the plat thereof recorded in Plat Book 47, pages 11 through 14, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Marsala at Tiburon will be maintained privately in the future and will not be the responsibility of Collier County. Packet Page -464- 5/10/201616.A.9. �I This Resolution adopted after motion, second and majority vote favoring same, this day of 92016. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: Scott A. Stone Assistant County Attorney Packet Page -465-