Backup Documents 04/22/2014 Item #16A 3 Vl\1<Tll\AL iJ F ti iv l\ 11J k.,111-o%,11L101 Cx. AV V 11114 kr aLlr
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S GN T
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forw de th ou Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in o Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County 114 b-1
Commissioners 1,1)i 5 1 LI
5. Minutes and Records Clerk of Court's Office 11— /I 114
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was April 22,2014 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Plat—Ponte Realto Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Xif
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on April 22,2014 and all changes made
I It
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable. _
9. Initials of attorney verifying that the attached document is the version approved by the I
1111
BCC,all changes directed by the BCC have been made,and the document is ready for t e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
111ti1T11V H1,. 1J V 1.U IV1L' lr 13 l.t1L' 1,1L1.1J 1 CAL KU L) 111N11 JLlY
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT1JR
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to t o n ffice
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials L Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County 'OA b
Commissioners 5 5 I `�
5. Minutes and Records Clerk of Court's Office S )1114 yorT PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was April 22,2014 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Letter of Credit—Ponte Realto Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on April 22,2014 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
c��‹u / 3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTI NID MAINTENANCE EMENT FOR SUBDIVISION IMPROVEMENTS
entered into this day of P?LL / , 20 l+ between
LeniCr t« LI c-hereinaft r 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: Pc."I-e_ iZ'4_14-
B.
c..! 4B. 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: -11,7%.• t2_� r � &v 2D c - 1�
within 1 '- 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$),` i'��7 5,Vit'- 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.
1 6 A3
7. 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.
8. In the event the Developer shall fail or neglect to fulfill is obligations under this Agreement, upon
certification of such failure, the County Manager or is designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to con- ruct 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, a- principal under the subdivision performance
security, shall be liable to pay and to indemnify the :.oard, upon completion of such construction, the
final total cost to the Board thereof, including, but of limited to, engineering, legal and contingent
costs, together with any damages, either direct or onsequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of he provisions of this Agreement.
9. All of the terms, covenants and conditions herei contained are and shall be binding upon the
Developer and the respective successors and assig . of the Developer.
IN WITNESS WHEREOF, the Board and the DDirloper h.�,�ve caused this Agreement to be executed by
their duly authorized representatives this day ofd' ti— , 20 ti--.
SIGNED IN THE PRESENCE OF: (Name • ntity) t'n r\ch; +i.:...,C S
By:
Printed NameTh
I ){;'\f v\ I C •'1 V !'i`i%1 ) L ,t-e ert$,Grr.4–
Printed Name/Title
(President,VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name � � f--'
� A49> '*ISG(' S rn �TV�
17TeST: DWIGHT E. BROCK, CLERK B•A'ft OF;I OUNTY 7OMMISSIONERS
OF COLLI: COU . FLORIDA.
By: .o 0 C • - �s A
Dep ghEeti:I. �� _
Appiwattwitj` rm and legality: IT
S, 2- TOM HENNING. CHAIRMAN
Assistant County Attorney
FIDELITY GUARANTY AND ACCEPTANCE COFO
700 NW 107 AVENUE - SUITE 240
MIAMI , FLORIDA 33172
PHONE ( 305 ) 553 - 8724 rY`Ate,
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-I4067
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
700 NW I07TH AVENUE.SUITE 240
MIAMI,FLORIDA 33172
PHONE(305)553-8724
DATE OF ISSUE: APRIL 1,2014
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 APRIL 1, 2015, AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE
ANNIVERSARY OF THE 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 RENEW THIS CREDIT.
APPLICANT: LENNAR HOMES,LLC.(HEREINAFTER"DEVELOPER")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS,FLORIDA 33966
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA
(HEREINAFTER"BENEFICIARY")
C/O ENGINEERING REVIEW SERVICES
2800 NORTH HORSESHOE DRIVE
NAPLES,FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $1,898.795.80 (ONE MILLION EIGHT HUNDRED
NINETY EIGHT THOUSAND SEVEN HUNDRED NINETY FIVE AND 80/100 US DOLLARS)
RE: TREVISO BAY-INFRASTRUCTURE CONSTRUCTION
PROJECT NAME:PONTE RIALTO
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,OR HIS DESIGNEE,CERTIFYING THAT:
A. (I) "DEVELOPER HAS FAILED TO COMPLETE THE SUBDIVISION IMPROVEMENTS FOR TREVISO BAY -
PONTE RIALTO ACCORDING TO THE ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS
SUMMARY DATED FEBRUARY 2013 PREPARED BY STANTEC 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 WITHIN THE CURE PERIOD PROVIDED FOR THEREIN, IF ANY;"
OR
B. "A FINAL INSPECTION OF THE SUBDIVISION IMPROVEMENTS FOR TREVISO BAY - PONTE RIALTO AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS") SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE
OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED
TO AND ACCEPTED BY THE BENEFICIARY."
FIDELITY GUARANTY AND ACCEPTANCE CORP .
700 NW 107 AVENUE — SUITE 240
MIAMI , FLORIDA 33172
PHONE ( 305) 553-8724
6 A 3 1Y tat*
1
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-14067 PAGE 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC—I4067, DATED APRIL 1, 2014" AND MUST BE
ACCOMPANIED 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 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 BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH
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 UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JACQUE, E DE SOUZA, ICE PRESIDENT