Agenda 01/27/2026 Item #16A 9 (Resolution - Final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Windward Isle)1/27/2026
Item # 16.A.9
ID# 2025-5067
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 Windward Isle, Application Number PL20140000741, and
authorize the release of the maintenance securities in the amount of $656,975.44.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, and authorize the release of the maintenance security.
CONSIDERATIONS: 1) On February 26, 2016, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Windward Isle.
2) The roadway and drainage improvements will be maintained by the Airport Pulling Windward Isles Homeowners
Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development Code. The Growth
Management Department inspected the improvements on December 4, 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 required by 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 roadway and drainage improvements will be maintained by the Airport Pulling Windward
Isles Homeowners Association, Inc. The existing security in the amount of $656,975.44 will be released upon Board
approval, and is based on the work performed and completed pursuant to the terms of the Construction and Maintenance
Agreement dated March 10, 2015.
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. - CLD
RECOMMENDATION(S): To grant final acceptance of the roadway and drainage improvements in Windward Isle,
Application Number PL20140000741, 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
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
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WINDWARD ISLE
LOCATION MAP
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 10th day of March / ____ / _____ , 20 1s between
•900••-eu,,ng LLc hereinaft er 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 certain plat of a subdivision to be known as: _w_in_dw_a_rd_1_s1e _____ _
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:�oad�a�. drainage. water & sewer Improvements
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 $656,975 .44 -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 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 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 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.
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RIiSOLU't'tON NO.26-
A RESOLUTION OF'I'HE I]OAITD OF COUNTY COMMISSIONEITS
OF COLLIER COIJNTY, FI,ORIDA AUTHORIZING FINAL
ACCEPTANCI' OF CEII.'TAIN IIOADWAY AND DRAINAGE
IMPROVEMENTS AND PI,A'I' DI',DICATIONS IN WINDWART)
ISLE, ACCORDIN(; TO TIII', PI,AI' THEREOF IIECOITDED IN
PLAT I}OOK 5{t, PAGES 35'I'IIIIOI.]GH 36, AND ITELEASE OF TI.IE
MAINTIiNANCE SIiCU RIl'Y.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on February
10, 2015, approved the plat of Windward Isle 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 the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements and is recommending acceptance olsaid facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COTINTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance is hereby granted
for those roadway and drainage improvements and plat dedications in Windward Isle, pursuant to
the plat thereof recorded in Plat Book 58, pages 35 through 36, and the Clerk is hereby authorized
to release the maintenance security.
BE IT FIJRTHER RESOLVED AND ORDiIRED that the roadway and drainage
improvements within Windward lsle will be rnaintained privately in the future and will not be the
responsibility of Collier County.
This Resolution adopted alier motion. second and majority vote favoring same. this _
day ol 2026.
ATTEST:
CRYSTAL K. KINZEL. CI,ERK
I\,:
Deputy Clerk
Appror ed as to form and legality:
BOARD OF COT]NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Bv
Dan Kowal, Chairman
Courtney L. DaSilva
Assistant County Attorney
UD
ritfi6
CAO
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