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Agenda 06/24/2014 Item #16A106/24/2014 16.A.10. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release an Irrevocable Standby Letter of Credit No. FGAC -13071 in the amount of $113,320 which was posted as a guaranty for Excavation Permit Number 59.917 -2, (PL20120002425) for work associated with Bella Firenze at Treviso Bay. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: Engineering Services routinely accepts securities administratively as guaranties for developer commitments in accordance with Section 22 -115 of the Collier County Code of Ordinances. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The subject security was provided for work associated with a planned residential project within the Wentworth Estates PUD, Ord. 13 -45, as amended. The Letter of Credit was posted as security for an Excavation Permit associated with Bella Firenze (PL20120002425), which is a single family subdivision within the PUD. The As -Built lake cross sections have been received and the lakes have been inspected by Engineering Services. FISCAL IMPACT: There is no fiscal 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 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes the Clerk of Courts to release Letter of Credit No. FGAC -13071 in the amount of $113,320.00 which had been provided as security for an Early Work Authorization (PL20120002425). Engineering Services will issue a memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners, advising the Clerk of this action. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services, GrolAlth Management Division, Planning and Regulation Attachment: l) Copy of Letter of Credit Packet Page -619- 6/24/2014 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to authorize the Clerk of Courts to release an Irrevocable Standby Letter of Credit No. FGAC -13071 in the amount of $113,320 which was posted as a guaranty for Excavation Permit Number 59.917 -2, (PL20120002425) for work associated with Bella Firenze at Treviso Bay. Meeting Date: 6/24/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Natural Resources 5/27/2014 11:32:14 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 5/28/2014 2:37:49 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/29/2014 8:34:43 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 6/10/2014 11:10:29 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 6/10/2014 3:00:34 PM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 6/12/2014 2:38:23 PM Name: KlatzkowJeff Title: County Attorney, Packet Page -620- Date: 6/13/2014 11:28:17 AM 6/24/2014 16.A.10. Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 10:30:20 AM Packet Page -621- FIDELITY GUARANTY AND ACCEPTANCE C16/24/201416.A.10. 700 NW 107 AVENUE SUITE 240 MIAMI, FLORIDA 33172 .- q PHONE (305) 553 -8724 IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAG -13071 ISSUER: FIDELITY GUARA'N'TY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER ") DATE OF ISSUE: MAY 15, 2013 PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE, SUITE 240 MIAMI, FLORIDA 3317 DATE OF E_Xf'IRY: THIS LETTER OF' CREDIT SFLALL BE VALID UNTIL SEPTEMBER 30, 2013. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SICH DATE WE SHALL NOTIFY YOU BY REGISTERED MAIL OR HAND DELIVERED NOTIFICATION AT THE ABOVE ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. APPLICANT: LENNAR HONES, LLC. (HEREINAFTER "DEVELOPER' 1 0481 SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33966 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY ") 3299 TANILAIMI TRAIL EAST, SUITE 303 NAPLES, FL 34113' AMOUNT: UP TO AN AGGREGATE A_ \MOUNT OF S111-3,320-00 (ONE HUNDRED THIRTEEN THOUSAND THREE H`UN'DRED TWENTY AND 00/100 US DOLLARS) RE: IREVISO BAY (PERMIT NUMBER 59.917 -2) CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCLtIVIENTS DETAILED HEREIN AND BF,NEFICI.ARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED: AV=AILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY '41.AN*UALLY SIGNED AND DATED BY THE COU \7T'1' MANA(-',ER; CERTIFYING THAT: A. (I) "DEVELOPER HAS FAILED TO COMPLETE THE SUBDIVISION IMPROVEMENTS FOR TREVISO BAY ACCORDING TO THE PERFORMANCE BOND DATED FEBRUARY 7, 2013 PREPARED BY STANTEC {THE "ESTIMATE ") AND 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 ,k77-IIN T`HE CURE PERIOD PROVIDED FOR THEREIN. II- ?NY:" OR B. "A FPNAL INSPECTION OF THE SUBDIVISION IN'IPROVEtiIE<NTS FOR TREVISO BAY AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LANT) DEVELOPMENT REGULATIONS ") SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFOR y'IED PRIOR TO THE DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND ACCEPTED BY THE BENEFICLARY.'' Packet Page -622- y� 6/24/2014 16.A.10. FIDELITY GUARANTY AND ACCEPTANCE C -- 700 NW 107 AVENUE - SUITE 240 M I A M I , F L O RI DA 33 1 7 2 PHONE 13`05)5 "53 -8724 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC -13071 PAGE 2 DRAFT(S) DRAWN UNDER THIS LETTER OF. CREDIT SHALL BE !v ARI ED: "DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP, CREDIT NO. FGAC- 13071, DATED MAY 15, 2013" .A,ND .MUST BE ACCON4PANIED 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 L-NDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, A- MENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRLMENI T, OR AGREEMENT REFERENCED TO HEREEN OR IN WTIICH THIS LETTER OF CREDIT RELATES:AND -ANY SUCH:.REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, EN ISTRUi41ENT OR AGREEMENT, ISSUER HEREBY ENGAGES WITH .BEN-EMCI.ARY THAT DRAFTS) .DRAWN UNDER, AND IN COMPLIANCE WITII 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. THIS CREDIT IS SUBJECT TO THE L�7IFORJM CUSTOMS AND PRACTICE FOR DOCT-A ENTARY CREDITS (2007 REVISION) INTERNATIONAL CliANIBER OF COMMERCE PUBLICATION NO. 600. FIDELITY GUARANTY AND ACCEPTANCE CORP. JAC Tl- .P_�t DE SOL°ZA; VICE PRESIDENT Packet Page -623 -