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Agenda 11/12/2019 Item #16A 2 (Final Plat for Avila Unit Six)11/12/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Avila Unit Six, Application Number PL20120001662, 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, and release the maintenance security. CONSIDERATIONS: 1) On December 21, 1999, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Avila Unit Six. 2) The roadway and drainage improvements will be maintained by the Avila at Grey Oaks Homeowner’s Association. 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 Avila at Grey Oaks Homeowner’s Association. The existing security in the amount of $155,938.64 will be released upon Board approval. 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. - SAA RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Avila Unit Six, Application Number PL20120001662, 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 ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) 16.A.2 Packet Pg. 413 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 10295 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Avila Unit Si x, Application Number PL20120001662, and authorize the release of the maintenance security. Meeting Date: 11/12/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 09/24/2019 2:26 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/24/2019 2:26 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/24/2019 3:41 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/25/2019 6:07 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/25/2019 4:56 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 09/27/2019 12:55 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/30/2019 12:54 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/30/2019 4:36 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/01/2019 8:35 AM Growth Management Department James C French Deputy Department Head Review Completed 10/03/2019 3:16 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/04/2019 4:38 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:12 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/23/2019 9:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:23 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 2:36 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 8:28 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 16.A.2 Packet Pg. 414 AVILA UNIT SIX LOCATION MAP 16.A.2.a Packet Pg. 415 Attachment: Location Map (10295 : Final Acceptance - Avila Unit Six) 16.A.2.b Packet Pg. 416 Attachment: Resolution (10295 : Final Acceptance - Avila Unit Six) 16.A.2.b Packet Pg. 417 Attachment: Resolution (10295 : Final Acceptance - Avila Unit Six) (' COLONIAL BANK COLLIER COUNTY LAND DEVELOPMENT CODE IRREVOCABLE STANDBY LETTER OF CREDIT NO. 34-001-014 ISSUER: Colonial Bank, 16740 San Carlos Blvd. SW, Fort Myers, Fl. 33908 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until March 01, 2000, 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 that the Issuer elects not to so renew this Credit. APPLICANT: Avila Limited Partnership, 2154 Trade Center Way #3, Naples, Fl. 34109. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $155,938.64 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 accompanied by Beneficiary's statement purportedly signed by the County Manager, certifying that: "Avila Limited Partnership, has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Avila, Unit 6 or 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 and accepted by the Beneficiary." An Affiliate of Colonial BancGroup, Inc. 16740 San Carlos Blvd. S.W., P.O. Box 08009, Fort Myers, Florida 33908 Telephone 941/ 466-7 500 / Fax 941/466-6000 www.colonialbank.com AN EQUAL OPPORTUNITY EMPLOYER 16.A.2.c Packet Pg. 418 Attachment: Bond Basis (10295 : Final Acceptance - Avila Unit Six) DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: Drawn under Colonial Bank Letter of Credit No. 34-001-014 dated January 11, 2000." The original Letter of Credit and all amendments, if any, must be presented 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. Issuer hereby engages with Beneficiaries 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. This Credit is subject to the Uniform Customs and Practice for Documentary Credits 1983 Revision) International hamber of Commerce Publication No. 400. Dated this 1 1 day of 2000. COLONIAL BANK 16740 SAN CARLOS BLVD. SW FORT MYERS, FL. 33908 1 f By: % _•4. A` _Its: First Vice President i' Kidd, sJIT By: /j/? p / l A_ Its: Vice President Davie E. Gookin 16.A.2.c Packet Pg. 419 Attachment: Bond Basis (10295 : Final Acceptance - Avila Unit Six) Colonial Bank EXHIBIT"A" TO LETTER OF CREDIT NO, 34-001-014 ISSUED BY COLONIAL BANK January 11 2000 AT SIGHT PAY TO Collier County Board of County Commissioners One hundred fifty five thousand nine hundred DOLLARS ($ 155,938.64 FOR thirty eight & 64/100 VALUE RECEIVED AND CHARGE TO ACCOUNT OF LETTER OF CREDIT NO. 34-001-014 OF COLONIAL BANK 16740 San Carlos Blvd. . S.W. Fort Myers, Fl. 33908 Collier County Board of County Commisssioners By: F-0300(2/93)CBG Printing Its: 16.A.2.c Packet Pg. 420 Attachment: Bond Basis (10295 : Final Acceptance - Avila Unit Six) Colonial Bank EXHIBIT "B" TO STANDBY LETTER OF CREDIT NO. 34-001-014 ISSUED BY COLONIAL BANK January 11 XNIX2000 CERTIFICATE The undersigned, duly authorized signator for the Beneficiary under Letter of Credit No. 34-001-014 hereby certifies to Colonial Bank with reference to Letter of Credit No. 34-001-014 issued by the Bank in favor OfThe Collier County Board of County Commissioners that : In addition,to the best of the Beneficiary's knowledge there are no existing court orders restraining or enjoining Colonial Bank from honoring drafts or presentation under the Letter of Credit. The other documents presented with this Certificate are genuine and complete. All other terms and conditions of Letter of Credit No. 34-001-014 are and have been strictly complied with. IN WITNESS WHEREOF, the undersigned has executed and delivered this Certificate on 19 Collier County Board of County Commissioners By: Its: F-0302(2/93)CBG Printing 16.A.2.c Packet Pg. 421 Attachment: Bond Basis (10295 : Final Acceptance - Avila Unit Six) 16.A.2.d Packet Pg. 422 Attachment: Plat Map (10295 : Final Acceptance - Avila Unit Six) 16.A.2.d Packet Pg. 423 Attachment: Plat Map (10295 : Final Acceptance - Avila Unit Six)