Resolution 1993-503 NOVEMBER 9, 1993
RESOLUTION NO. 93_503
RESOLUTION AUTHORIZING PRELIMINARY ACCEPTANCE OF THESE r
{ ROADWAY, DRAINAGE, WATER & SEWER IMPROVEMENTS IN
SOUTHPOINTE YACHT CLUB, PHASE TWO AND ACCEPTING THE
IRREVOCABLE LETTER OF CREDIT FROM THE DEVELOPER FOR
MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER & SEWER
IMPROVEMENTS FOR A MINIMUM OF ONE YEAR. a-
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on December. 19, 1989, approved the plat of Southpointe j 6;
Yacht Club, Phase Two for construction; and ,
. WHEREAS, the developer has constructed the roadway, drainage,
water & sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier
f{ County Ordinance No. 91-102, as amended) ; and the Utilities y:
Standards and Procedures Ordinance (Collier County Ordinance No.
88-76, as amended) , and
WHEREAS, the developer has now requested preliminary
acceptance of the roadway and other improvements and release of his
construction security after an acceptable maintenance security is
provided; and �,.
• WHEREAS, the Compliance Services Section of the Development
Services Department has inspected the roadway and other improvements
and is recommending preliminary acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY I L
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that preliminary
acceptance be granted for these roadway and other improvements in
Southpointe Yacht Club, Phase Two, upon submission and acceptance of ',
Utilities conveyance documents by the Collier County Water-Sewer
District pursuant to Collier County Ordinance No. 88-76, as amended.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the fi
maintenance security in the form of an Irrevocable Letter of Credit
in the amount of $40,000.00 and that the developer is responsible
for the maintenance of the roadway and other improvements for a
minimum period of one year as required by the Land Development Code
(Ordinance No. 91-102, as amended) and the Utilities Standards and
` Procedures Ordinance (Ordinance No. 88-76, as amended) , at which
time the developer must petition the Board for final acceptance.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED:. /46
ATTEST;1
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1,:>. �..,..!.,.......1_, BOARD OF COUNTY COMMISSIONERS 11
pWIGHT E. BROIC ' erk COLLIE COUNTY, FLORIDA b7/7: ..,6„tr.a
�, BURT h. SAUNDERS, Chairman
i %
Approved' ds to'form and legal
•
sufficiency: ,�
Ravi. e gel—
Assistant Collier County Attorney
JRH/gs b00d 'i:�J N'''E I.
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143
NOVEMBER 9, 1993
T: ; 5l`\T BI 10-19-53 : 11:58 : Kr. 1- G14 483 4205:: 2/ 3
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MAINTENANCE AGREEMENT FOR PRELIMINARY ACCEPTANCE
OF SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this day of ,
19g i' between East Sound Realty, Inc. , an Ohio orporation,
hereinafter referred to as "Developer", and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to
as "The Board" .
1
RECITALS
i. WHEREAS, Developer has, simultaneously with the delivery
of this Agreement, applied for the approval by the Board for
recording of a certain plat of a subdivision to be known as
Southpointe Yacht Club, Phase II, and
I
2. WHEREAS, Division 3.2 of the Collier County Unified Land
Development Code allows the Developer to construct the improvements
requited by said subdivision regulations prior to recording the
final 'Iplat, and
WHEREAS the Developer Services Director has inspected and
recou ended for preliminary acceptance these improvements.
NOW THEREFORE, in consideration of the foregoing premises and
mutual ovenants hereinafter set forth, Developer and the Board do
hereb}Y covenant and agree as follows: .k.
i. The Board hereby approves for Preliminary Acceptance the i.
following improvements constructed by the Developer: !
a. Drainage Facilities. _
b. Roadway, Pavement and Signage Improvements.
c. Sanitary Sewer Collection Facilities.
x. The Board will grant preliminary acceptance of water and
sewerlimprovements under separate documents by Collier County
water-Sewer District.
31. The Developer has tendered a letter of credit (Exhibit
"A") in the amount of $40,000.00 which represents 10' of the total
contract cost for constructing said improvements as surety for the
faithful maintenance of these improvements.
41. A certificate of completion of the improvements by the I
Developer's engineer along with the final project records have been t;
furnished to and approved by the Development Services Director for
compliance with the Collier County Land Development Code. `
5;. The Developer agrees to maintain all required
• improvements for a period beginning after acceptance of all
required improvements and ending upon completion of a satisfactory
final inspection but not less than one year. After the maintenance
periodlby the Developer has terminated, the Development 3e=v'_c'
Director shall inspect all the required improvements ;and, if. foun.:
um OOO FASE 144
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NOVEMBER 9, 1993
SENT BY: 10-19-93 : 11:5d : Kr5M-1- 614 463 4205:: 3/ 3
. ..
to belstill in compliance with Collier County Land Development Code
as reflected by final acceptance by the Board, the Developer's
responsibility for maintenance of the required improvements shall
•
terminate and the Board shall release the 10% Surety. Otherwise,
the Developer's responsibility for maintenance shall continue until
finall acceptance by the Board.
1
6. In the event the Developer shall fail or neglect to
fulfill its obligations under this Agreement, upon certification of
Such failure by the Development Services Director and upon notice
as provided by the Land Development Code, 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 Surety Bond tendered herewith,
shall be liable to pay z.nd to indemnify the Board, upon completion
• of such construction, the final total coat 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 carry out all of the provisions of this Agreement. E~;
`7. All of the terms covenants and conditions herein
contained are and shall be binding upon the respective successors
and ahsigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused
this I Agreement to be executed by their duly authorized y-
reprosentatives this Y"I, day of Yj�, , 199,1.
Signed, Sealed and Delivered EAST SOUND REALTY, INC.
in the presence of:
1_
`.. .. . [_. .. LIP BY ._... lL , .. _ 4 ; i +S, . NP
SUSAN J. • SON, Vice President {
�/rir`j_t _t_ __
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A'ITES +,V-1 Wf BOARD OF COUNTY COMMISSIONERS _
• DWIG B.:12,ROCR, Clerk OF COLLIER COUNTY, FLORIDA
' . .:•��% _ _ `iW _- - BY: i t-re 47
1
A > :a '� B T L. SAUNDERS, Chairman
3r . • •d as.'5p form and
11; , euff\i� envy: ,
If ;4
•
David�C. We gel AO
Assis ant County •ttorney
BOOK 000 P,:r,r-145
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NOVEMBER 9, 1993 r
International Division ; 1
S SW1.FT.Address
Telex 245-475 Huntington
Banks
:
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(,.The Huntington National Bank
''- International Operations
41 South High Street •
Columbus,- OH 43216
R 4T.
4 Irrevocable:.S_tandby Letter of Credit 103438 September 16, 1993
�,...f..w ._,h...
"'^THE BOARD OF COUNTY COMMISSIONERS
'COLLIERCOUNTY, FLORIDA
COLLIER`COURTHOUSE COMPLEX
NAPLES, .FL 33962
USA: .
Gentlemen:
We hereby issue our Irrevocable Standby Letter of Credit 103438
w ,in your favor for the account of EAST SOUND REALTY, INC. , 4090
0, HALDEMAN CREEK DR. , NAPLES, FL 33962, up to an aggregate amount of USD
,o. 40,000.00 available by your draft(s) at sight drawn on The Huntington 1
!+'National Bank Columbus, OH.
Drafts to be accompanied by the following document(s) : .<
' BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER,
2 •'CERTIFYING THAT: "East Sound Realty, Inc. has failed to
4 construct and/or maintain the improvements associated with that
certain plat of a subdivision known as Southpointe Yacht Club or
2 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 �t
:formally accepted by the Beneficiary. Ny
4
This Letter of Credit sets forth in full the terms of the
Huntington National Bank'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
i 'which this Letter of Credit relates, and any such reference shall
not be deemedito incorporate herein by reference any document,
instrument or agreement.
1
ii The originalLetter of Credit and all amendments, if any, must be
4 presented to us for proper endorsement when claiming payment.
Draft(s) must be marked "Drawn under The Huntington National Bank
:. Credit No. 103438 dated September 16, 1993" .
?: • We hereby agree with you that the drafts drawn under and in
compliance with the terms of this credit will be duly honored by us
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International Division otvinlon �
SWJ.FT.Address • , .' '
• HUNTUS33T�x 215.475 Huntington
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'' ��N a , , . ACKNOWLEDGMENT
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COUNTY OF
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, e A Notary Public in and for the
State and Count oresaid, do hereby certify that
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t_� whose name is signed to the foregoing,
• 414 thislday personally appeared before me in my State and County
' 3P,iforesaid and acknowledged the same.
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�� Given under my hand this /( , day of - . ,...J.. , 1913 t
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S andb L/C:.No. 103438 - Amendment No. 1 ,:......•
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'a, .. : :'� BARD,I OF1 COUNTY COMMISSIONERS
. ` ? rs ZIE} OUNTY, 'FLORIDA
} •••LLIER4COURTHOUSE COMPLEX
• $:i gNAiiES, i 13962 .
ila�
A�Ger}tlemen :
•
{ IghellOti*,?!, ereby.amend our Irrevocable Standby Letter of Credit 103438
Ot.sane '!in;•your favor for the account of EAST SOUND REALTY, INC. •
gg� Pi, lfd1.lowa •. . �b
iI lisiwdt4:,,TIT• 'IS A CONDITION OF THE CREDIT THAT IT SHALL BE+r`..DEEMED' AUTOMATICALLY EXTENDED WITHOUT AMENDMENT
+'a tFORa'ONE (1) YEAR FROM THE PRESENT OR ANY FUTURE
. <? EXPIRATION DATE HEREOF, UNLESS SIXTY (60) DAYS
f .;: • PRIOR TO ANY SUCH DATE WE SHALL NOTIFY YOU IN
WRITING THAT WE ELECT NOT TO CONSIDER THIS LETTER �, '
OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. i.
''UPON• RECEIPT BY-YOU OF SUCH NOTICE, YOU MAY DRAW e
•
15 .•' THE FULL AMOUNT OF THE CREDIT HEREUNDER, AGAINST I .
YOUR DRAFT ONLY, "'.WITHOUT THE DOCUMENTATION v
•
:* MENTIONED HEREIN:
$ 4 ;
All other terms and conditions remain unchanged. (`
a
a '
i The Huntington National Bank
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«' COM®= Authorized Signature
} 5o0K 000 ea,-148
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NOVEMBER 9, 1993
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' ` : JM/1 r:Y1c6h1'e44/ anby11Letter of Credit 103438 September 16, 1993
2
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;���3aponhpresentation at this office on or before October 31, 1994. !;
,Ill silk k r•J tt `.X{ 4;S am';
ptir, xcept as otherwise expressly stated herein, this Letter of
1 Rredi�tis „subject to the Uniform Customs and Practice for Documentary
'.4 t e� t (:1983inevision) , International Chamber of Commerce Publication 2
, thirirt:001inifite'l. s- :: . . . ' ' I .
. '0141' l o" ill1.# , ",-�,1t Y'1 " The Huntington National Bank ,
10',' 110 , ' ,diiri;i�i . ' 1„, 0"i. 01 j� it t9pilipm,toii,I.,:, :' . . iiiiii a �Authorized Signature
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