Agenda 11/13/2018 Item #16A 911/13/2018
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 Lipari-Ponziane,
Application Number AR-10023, and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On April 7, 2008, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Lipari-Ponziane.
2) The roadway and drainage improvements will be maintained by the Treviso Bay property owners
master association and the Wentworth Estates Community Development District.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department 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 of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Treviso Bay
property owners' master association and the Wentworth Estates Community Development District. The
existing security in the amount of $156,491.51 will be released upon Board approval. The original
security in the amount of $1,144,273.39 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 November 20, 2006.
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. - SAS
RECOMMENDATION: To have the Board accept final acceptance of the roadway and drainage
improvements in Lipari-Ponziane, Application Number AR-10023, and authorize
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements, and acceptance of the plat dedications.
2. The Clerk of Courts to release of the maintenance security.
Prepared By: Lucia S. Martin, Technician, Development Review
16.A.9
Packet Pg. 578
11/13/2018
ATTACHMENT(S)
1. Location Map (PDF)
2. Resolution (PDF)
3. Bond Basis (PDF)
4. Plat Map (PDF)
16.A.9
Packet Pg. 579
11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 6986
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 Lipari-
Ponziane, Application Number AR-10023, and authorize the release of the maintenance security.
Meeting Date: 11/13/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/05/2018 10:58 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/05/2018 10:58 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/05/2018 1:31 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/08/2018 11:51 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/08/2018 4:51 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/09/2018 8:33 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/09/2018 11:34 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/10/2018 10:49 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/10/2018 11:06 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/10/2018 4:33 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/10/2018 5:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 7:49 AM
County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 11:34 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 2:18 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 10/22/2018 12:05 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 3:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
16.A.9
Packet Pg. 580
LIPARI-PONZIANE
LOCATION MAP
16.A.9.a
Packet Pg. 581 Attachment: Location Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.b
Packet Pg. 582 Attachment: Resolution (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.b
Packet Pg. 583 Attachment: Resolution (6986 : Final Acceptance - Lipari-Ponziane)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this z day of lut 2006 between Treviso Bay
Development, LLC, a Delaware limited liability company ("Developer") and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board."
RECITALS:
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 Lipari-Ponziane,
which is a replat of a portion of the Plat of Treviso Bay recorded in Plat Book 45, Pages 14
through 24, Public Records of Collier County, Florida, located in Section 31 and 32, and
additional lands located in Section 32, Township 50 South, Range 26 East, Collier County,
Florida.
A.
Section 10.02.04 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.
B.
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:
Developer will cause to be constructed:1.
All improvements to be constructed in accordance with the Plans and Plat Review
previously submitted for Lipari-Ponziane and the Final Subdivision Plans for
Lipari-Ponziane, including but not limited to the following:
Site Clearing
Grubbing
Earthwork
Sanitary Sewer Installation
Storm Sewer Installation
Water Main Installation
Road Construction
Re-vegetation
within eighteen (18) months from the date of approval of said subdivision plat,
said improvements hereinafter referred to as the required improvements.
Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$1,144,273.39, which amount represents 10% of the total contract cost to
complete construction plus 100% of the estimate cost of to complete the required
2.
16.A.9.c
Packet Pg. 584 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
improvements at the date of this Agreement.
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.
3.
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 for review and approval 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.
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.
6.
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.
7.
8.In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, and 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.
16.A.9.c
Packet Pg. 585 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
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 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 parties have executed this Agreement the day first above
written.
Wi-Treviso Bay Development, LLC:sses:
'JIM BY: VK Treviso Bay, LLC,
Managing MemberJ Ut Uf (A L , hX.U&C
(Printed Name)
BY:
Sanjaykuttemperoor, Vice President
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(Printed Name)
:k Of. *'«,?•
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ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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JUT*rem.e: Attest Iftfl
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Name: Fyg A-t^K
CHAIRMAN
Approved as to form and legal sufficiency:
SSISTANT COUNTY ATTORNEY
Nariae:
16.A.9.c
Packet Pg. 586 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
WACHOVIA
IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SM222581W
= = = = = = = = =: = ========sssses
LETTER OF CREDIT AMOUNT |ISSUE DATE EXPIRY DATE
10/23/06 11/30/07USD1,144,273.39
=======================================
BENEFICIARY:
BOARD OF COLLIER COUNTY COMMISSIONERS
C/O ENGINEERING REVIEW SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES
APPLICANT:
TREVISO BAY DEVELOPMENT, LLC
19275 WEST CAPITOL DRIVE, SUITE 100
BROOKFIELD, WI 53045
FL 34104
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE
ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF (ONE
MILLION ONE HUNDRED FORTY FOUR THOUSAND TWO HUNDRED SEVENTY THREE AND 39/100'S
U.S. DOLLARS) USD 1,144,273.39 WHICH IS AVAILABLE BY PAYMENT WHEN ACCOMPANIED
BY THE FOLLOWING DOCUMENTS:
1. A DRAFT AT SIGHT DRAWN ON WACHOVIA BANK, NATIONAL ASSOCIATION, DULY ENDORSED
ON ITS REVERSE SIDE THEREOF BY THE BENEFICIARY, SPECIFICALLY REFERENCING
THIS LETTER OF CREDIT NUMBER.
2. THE ORIGINAL LETTER OF CREDIT AND ANY AMENDMENTS ATTACHED THERETO.
3. A DATED STATEMENT ISSUED ON THE LETTERHEAD OF THE BENEFICIARY AND
PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE STATING: TREVISO BAY
DEVELOPMENT, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS
ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS TREVISO BAY OR A
FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND SATISFACTORY ALTERNATE PERFORMANCE SECURITY HAS NOT BEEN
PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY. WE THEREFORE DEMAND
PAYMENT IN THE AMOUNT OF (INSERT AMOUNT) AS SAME IS DUE AND OWING.
DOCUMENTS MAY BE PRESENTED AT EITHER OF OUR FOLLOWING LOCATIONS:
WACHOVIA BANK, N.A.
INTERNATIONAL DIVISION
200 S. BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131
WACHOVIA BANK, N.A.
STANDBY L/C DEPT
401 LINDEN STREET
WINSTON-SALEM, N.C. 27101
OR
IF DOCUMENTS ARE PRESENTED TO THE MIAMI ADDRESS THEY MUST ALSO BE FAXED BY
THE BENEFICIARY TO 336-735-0952 THE SAME DAY IN ORDER TO BE DEEMED A
PRESENTATION.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED
AUTOMATICALLY EXTENDED WITHOUT WRITTEN AMENDMENT FOR ONE YEAR PERIODS FROM
THE PRESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEAST SIXTY (60) DAYS
PRIOR TO SUCH EXPIRATION DATE, WE SEND THE BENEFICIARY NOTICE AT THE ABOVE
STATED ADDRESS BY OVERNIGHT COURIER THAT WE ELECT NOT TO EXTEND THIS LETTER
OF CREDIT BEYOND THE INITIAL OR ANY EXTENDED EXPIRY DATE THEREOF.
5
CONTINUED ON NEXT PAGE WHICH FORMS AN INTEGRAL PART OF THIS
LETTER OF CREDIT
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16.A.9.c
Packet Pg. 587 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
WACHOVIA
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SM222581W PAGE NO. 2 10/23/06
THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR
UNDERTAKING. THIS UNDERTAKING IS INDEPENDENT OF AND SHALL NOT IN ANY WAY
BE MODIFIED, AMENDED, AMPLIFIED, OR INCORPORATED BY REFERENCE TO ANY
DOCUMENT, CONTRACT, OR AGREEMENT REFERENCED HEREIN.
WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE
TERMS AND CONDITIONS OF THIS CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER
WITH DOCUMENT(S) AS SPECIFIED AT EITHER OF OUR OFFICES LISTED ABOVE ON OR
BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY EXTENDED EXPIRY DATE IF APPLICABLE.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT
TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (1993 REVISION)
THE I NT!fATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
SINCBpLY,
AUTHOR SIGNATURE
JJ
PLEASE DIRECT ANY CORRESPONDENCE OR INQUIRY QUOTING OUR
REFERENCE NUMBER TO:
WACHOVIA BANK, NATIONAL ASSOCIATION
401 LINDEN STREET, MAIL CODE NC6034
WINSTON SALEM,NORTH CAROLINA 27101
OUR CUSTOMER CARE PHONE NUMBER FOR ANY QUERIES IS 800-776-3862
OUR FAX NUMBER IS 336-735-0950
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16.A.9.c
Packet Pg. 588 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
March 19, 2008
Wachovia Bank NA
Standby Letters of Credit
401 Linden Street
Winston - Salem, NC. 27101
RE: Letter of Credit No. SM222581W / Treviso Bay Development / VK Holdings
Lipari and Ponziane at Treviso Bay
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Letter of Credit
may now be reduced by $987,781.88, leaving an available balance of $156,491.51. The
remaining balance represents the required 10% maintenance security of $102,086.11,
plus 100% of the work remaining to be completed, $54,405.40.
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”
Sincerely,
John R. Houldsworth
Senior Engineer
Cc: Stan Chrzanowski, P.E., County Engineer
Reading File
Johnson Engineering
16.A.9.c
Packet Pg. 589 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
Wachovia
AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT
03/21/08
BENEFICIARY:
BOARD OF COLLIER COUNTY COMMISSIONERS
C/O ENGINEERING REVIEW SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
LETTER OF CREDIT NO. SM222581W
GENTLEMEN:
WE HEREBY AMEND OUR ABOVE-REFERENCED LETTER OF CREDIT ISSUED IN YOUR FAVOR
FOR THE ACCOUNT OF TREVISO BAY DEVELOPMENT, LLC AS FOLLOWS:
-THE LETTER OF CREDIT AMOUNT IS DECREASED BY USD 987,781.88 TO A NEW
AGGREGATE TOTAL OF USD 156,491.51.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS AMENDMENT LETTER IS TO BE ATTACHED TO AND BECOME AN INTEGRAL PART OF
THE ORIGINAL CREDIT INSTRUMENT.
SINCERELY,
AUTHORIZED SIGNATURE
WACHOVIA BANK, NATIONAL ASSOCIATION
EV02/DDS
THE ORIGINAL OF THIS LETTER OF CREDIT AMENDMENT CONTAINS AN EMBOSSED SEAL
OVER THE AUTHORIZED SIGNATURE.
CONSENT TO THIS AMENDMENT IS REQUIRED FOR IT TO BECOME EFFECTIVE.
PLEASE DATE AND SIGN BELOW AND RETURN A COPY TO US AT OUR OFFICE LOCATED AT
401 LINDEN STREET, WINSTON-SALEM, NC 27101, ATTN: STANDBY LETTER OF CREDIT
DEPARTMENT OR FAX TO 336-735-0950 WITH COPY TO FOLLOW USING ENVELOPE PROVIDED.
() AMENDMENT ACCEPTED IN ITS ENTIRETY
) AMENDMENT REJECTED IN ITS ENTIRETY
DATE AUTHORIZED SIGNATURE
BOARD OF COLLIER COUNTY COMMISSIONERS
PHONE NUMBER PRINTED NAME OF AUTHORIZED SIGNER
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16.A.9.c
Packet Pg. 590 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
WELLS
FARGO
Wells Fargo Bank, N.A.
U. S. Trade Services
Standby Letters of Credit
MAC D4004-012
401 Linden Street, 1st Floor
Winston-Salem, NC 27101
Phone: 1(800) 776-3862 Option 2
E-Mail: trade.ccustandbys@wachovia.com
Notice of Non-Extension To
Irrevocable Standby Letter Of Credit
Li?KAV - i^lz;/Afd£Number: SM222581W
Date: August 10, 2011
BENEFICIARY
BOARD OF COLLIER COUNTY COMMISSIONERS
GO ENGINEERING REVIEW SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
APPLICANT(S)
TREVISO BAY DEVELOPMENT, LLC
Ladies and Gentlemen:
As per the conditions stated in the above reference Irrevocable Standby Letter of Credit, we hereby notify you
that the above Letter of Credit will not be extended beyond November 30, 2011 (expiry date).
Very Truly Yours,
WELLS FARGO I IK, N A
By:
Authorized Signature
Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our
reference number, to Wells Fargo Bank, National Association, Attn: U.S. Standby Trade Services
at either or 401 Linden Street
MAC D4004-017,
Winston-Salem, NC 27101
One Front Street
MAC A0195-212,
San Francisco, CA 94111
Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals
1-800-798-2815 Option 1
(Hours of Operation: 8:00 a.m. PT to 5:00 p.m. PT)
1-800-776-3862 Option 2
(Hours of Operation: 8:00 a.m. EST to 5:30 p.m. EST)
------------------------------------------------Together we’ll go far
1583 Page 1 of 1
16.A.9.c
Packet Pg. 591 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
Coffer CZovmty
Community Development &
Environmental Services Division
Zoning & Land Development Review
August 17, 2011
Mr. SANJAY KUTTEMPEROOR
C/O V. K. DEVELOPMENT CORPORATION
19275 W. CAPITOL DR., SUITE 100
BROOKFIELD, WI. 53045 US
RE: Lipari - Ponziane Irrevocable Letter of Credit No. SM222581W / Wells Fargo - Expiry Nov. 30, 201 1
Dear Sanjay:
Collier County has received notification from Wells Fargo that they elect not to renew the above referenced
letter of credit. This letter of credit currently serves as the maintenance security for the subdivision related
improvements in Lipari - Ponziane at Treviso Bay.
Because of review and scheduling time, a replacement security must be received by Engineering Review
no later than October 30, 2011. A prompt response will ensure that there will be no delays in the issuance
of building permits or inspections. Should no replacement be received, Collier County may be forced to
draw on Letter of Credit No. SM222581W 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,
John R /orth
Senior Site Plans Reviewer
CC: Steve Williams, Assistant County Attorney
Jack McKenna, County Engineer
Russell Smith, Lennar
2800 North Horsehoe Drive • Naples, Florida 34104 • 239-252-2400 • Fax 239-643-6968 • www.colliergov.net
16.A.9.c
Packet Pg. 592 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
FIDELITY GUARANTY AND ACCEPTANCE CORP.P700 NW 107 AVENUE
MIAMI
PHONE (305)553-8724
SUITE 240
FLORIDA 33172
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-11048
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER “ISSUER”)
DATE OF ISSUE: NOVEMBER 18, 2011
PLACE OF EXPIRY: AT ISSUER’S COUNTERS LOCATED AT 700 NW 107 AVE, SUITE 240
MIAMI, FLORIDA 33172
DATE OF EXPIRY; THIS CREDIT SHALL BE VALID UNTIL NOVEMBER 16, 2012 AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE,
UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE
BENEFICIARY IN WRITING BY REGISTERED MAIL, OVERNIGHT MAIL OR COURIER THAT THE ISSUER ELECTS
NOT TO SO RENEW THIS CREDIT.
APPLICANT: LENNAR HOMES, LLC. (HEREINAFTER “PURCHASER”)
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA 33966
BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(HEREINAFTER “BENEFICIARY”)
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT:AN AGGREGATE AMOUNT OF $156,491.51 (ONE HUNDRED FIFTY SIX THOUSAND FOUR
HUNDRED NINETY ONE AND 51/100 US DOLLARS)
RE:LIPARI / POINZIANE
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, CERTIFYING THAT:
A. PURCHASER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE SITE IMPROVEMENTS ASSOCIATED
WITH THE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS DATED
SEPTEMBER 27, 2006 BETWEEN TREVISO BAY DEVELOPMENT, LLC AND THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
OR
B. A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN
PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY.
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: “DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-11048, DATED NOVEMBER 18, 2011” AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL SUBSEQUENT 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.
16.A.9.c
Packet Pg. 593 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
-FIDELITY GUARANTY AND ACCEPTANCE CORP.P700 NW 107 AVENUE
MIAMI. FLORIDA 33172
PHONE (305)553-8724
SUITE 240
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-11048 PAGE 2
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS 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 UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
E/bE SOUZA, VICE PRESIDENTJACQliEI
16.A.9.c
Packet Pg. 594 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
3/12/2008
Lipari and Ponziane - Engineer's Opinion of Probable Costs
VK Development INC - JEI #- 20023436-111-112
General Costs
Item Unit Qty.Unit Cost Cost
Mobilization LS 1 520,000.00 520,000.00
Silt Fence LF 10,892 S1.00 510,892.00
Landscaping LS 1 536,679.00 $36,679.00
Irrigation (Landscaping)LS 535,690.001 $35,690.00
Site Lighting LS $202,000.00 $202,000.001
Sub-Total $305,261.00
Roadway
Item Unit Qty.Unit Cost Cost
Asphalt Pavement (1.5‘ Type S-3)SY 4,392 $4.47 $19,632.24
4" Concrete Base for Pavers SY 710 $23.35 $16,578.50
Brick Pavers SY $35.00710 $24,850.00
Limerock Base (8" LBR 100)SY 4,392 $865 537,990,80
Stabilized Subgrade (12° LBR 40)SY 5,102 $1 75 S8,928.50
Limerock Base (4’ LBR 100)SY 520.001,844 £36,880.00
5' Concrete Sidewalk SY 1,844 521.35 $39,369 40
Valley Curb & Gutter LF 3,061 $6.25 519,131.25
Type "A" Curb LF $7,50151 £1,132.50
Signage and Stripping LS S5,000.00 £5,000.001
Sub-Total S209.493 19
Drainage
Item Unit Qty.Unit Cost Cost
Throat Inlet Type II EA $8.925.004S2.231.25
Throat Inlet lype IV EA 2 S4,000 00 $8,000.00
Yard Drain EA 5500.001 $500.00
42" Headwall EA 2 $3,350.00 $6,700.00 !24‘ Headwall EA $1,653.751 $1,653.75 i18' Headwall EA 1 $1.433.25 $1,433.25 ;
Pipe, 15" RCP LF 59 S26.46 51,561.14
Pipe, 18“ RCP LF $30.00265 $7,950.00
Pipe, 24“ RCP LF 292 $40.00 $11,680.00
Pipe, 42" RCP LF 522 $96.00 $50.112.00
Pipe, 12" HDPE LF 192 $25.00 $4,800.00
Sub-Total $103,315 14
Converted to
rctronic Recordr t
ALAN J. CRUZ, RE.
STATE OF FLORIDA
legislation No. 65147Professional Engine
/
IAR ! 7 2008JOHNS0NpiNEEKING, INC,
anfofflCourt
a-PL 34112
50000642
E N G I N E E R I N G/ 2351 1 .
Naf%
i
16.A.9.c
Packet Pg. 595 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
*■* r
3/12/2008
Lipari and Ponziane - Engineer's Opinion of Probable Costs
VK Development INC - JEI #-20023436-111-112
Potable Water
Item Unit Qty.Unit Cost Cost
8’ PVC LF 1.627 $23.40 $38,071.80
Water Service Connection EA 48 $700.00 S33.600.00
Gap Configuration orTBFP EA 1 $18,500.00 $18 500.00
Sampling Point EA $810.00 S2.430.Q03
8" - 22.5 Deg. Bend $700.00EA5 $3,500.00
8" - 45 Deg. Bend EA S700-001 $700.00
8"-11.25 Deg. Bend EA 10 S7Q0.Q0 S7.000.00
8’ Tee $700,00 $2,100.00EA3
8" Gate Valve w/box EA 2 S999.00 $1,998.00
8" Hydrant Assembly w/Valve S2,600.00EA2 $5,200.00
Sub-Total $113,099 80
Sanitary Sewer
Item Unit Qty.Unit Cost Cost
8” PVC - SDR 26 (3'-8‘ Deep)$26.00 $17,862.00LF687
8" PVC - SDR 26 (8'-10' Deep)$35.00 $20,160.00LF576
8" PVC-SDR 26 (10‘-14' Deep)513,314.00LF317542.00
4' Sanitary Manhole (3'-8‘ Deep)53,500.00 $14,000.00EA4
4' Sanitary Manhole (8'-10' Deep)54,000.00 $16,000.00EA4
4' Sanitary Manhole (10'-14‘ Deep)EA 54,500.00 $4,500.001
Sewer Service Connection EA 48 51,000.00 548,000.00
4" Force Main $500 S8,955.00LF1,791
Duplex Lift Station EA S115,000.00 S115,000.001
4’ - 22.5 Deg. Bend EA 5259.00 $2,649.0011
4" - 90 Deg. Bend EA 1 5259.00 S259.00
4"-45 Deg. Bend EA 5259.00 S259.001
4"-11.25 Deg. Bend 12 5259.00 S3,108.00EA
Sub-Total 5264,266 00
Irrigation Water (Transmission Mains)
Item Unit Qty.Unit Cost Cost
4‘ Irrigation Main LF 1,802 S5.Q0 5901000
4"-11.25 Deg. Bend EA 17 5259.00 54,403.00 !4" - 22.5 Deg. Bend EA $259.006 51,554,00
4" - 45 Deg. Bend 5259.00EA1 5259.00
4" - Gate Valve EA S600.001 5600.00
irrigation Service Connection EA 48 5200.00 59,600,00
Sub-Total $25,426 00
$1,020,861.13|TOTAL -
10% of all improvements $102,086.11
100% of remaining improvements
(Second Lift of Asphalt and sidewalks) $54,405.40 ^
Converted to
Electronic R&ccw
Total amount New Bond to be issued
$156,491.51for
ALAN J- CRUZ. PE-
STATE OF FLORIDA
egistration No. 65147Professional
rcasisfcfig N 4A? v 1
ENGINEERING^2RING, INC.
Wstanford'Court
Naples FL 34112
PB #0000642
16.A.9.c
Packet Pg. 596 Attachment: Bond Basis (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 597 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 598 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 599 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 600 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 601 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 602 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 603 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
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Packet Pg. 604 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 605 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)
16.A.9.d
Packet Pg. 606 Attachment: Plat Map (6986 : Final Acceptance - Lipari-Ponziane)