Agenda 03/27/2012 Item #16A 93/27/2012 lie mw 16A.9.
9MUTIVE SLMM RY
_ Recommendation . to accept an a#ternate security from the current owner of that
subdivision known as Bristol Pies, Phase 11, and to enter Into a now Construction and
Maintenance Agreement for Subdivision Improvements.
013JECTNE To accept an alternate security for the required subdivision improvements
associated with Bristol Pines, Phase II and to enter into a Construction and Maintenance
Agreement with the current owner-of the subdivision.
C9MIDERATIOIfS: On June 20, 2006, the Board approved the plat for Bristol Pines, Phase 11
and. entered into a Construction and Maintenance Agreement for Subdivision Improvements with
the developer. A new developer has purchased the project and has provided a Construction
and Maintenance Agreement for Subdivision Improvements, together with a Performance Bond
to ensure completion of the required subdivision improvements. The current sacurd
requirement is $158,581.00. This process is consistent with Section 10.02.05 A.4.b of the Collier
County Land Development Code.
FIS IMPACT: The County will realize revenues as follows:
Fund Community Development Fund 131
Agency; County Manager
Cost Center: 138327 — Engineering Project Review
Revenue
generated by this Project: -Total $44,093.0, as reflected in the
- Executive Summary of June 20 2006.
GBQMM MANAGE MST IMPACT: There is no growth management impact associated
with this approval.
LEGAL CONSIDEM IOAtS The County Attorney's Office has reviewed and approved the
Construction and Maintenance Agreement as well as the Performance Bond for legal
sufficiency. This item is ready for Board approval and requires a majority vote. STIN
RECOIM MINIDATIONS
1) That the Board of County Commissioners approve the alternate security and authorize the
Chairman to execute the Construction and Maintenance Agreement.
2) Release Waterways Joint Venture from the existing Construction, Maintenance and
Escrow Agreement and return the posted performance security.
PREPARED BY: John Houldsworth, Senior Site Plans Reviewer, Lard Development Services/
Engineering Review, Growth Management Division, Planningand.Rgp*tion
Attachments: 1) Location Map 2) Construction and Maintenance Agreement 3) Performance
Bond
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9.
3/27/2012 Item 16.A.9.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to accept an alternate security from the current owner of that subdivision
known as Bristol Pines, Phase II, and to enter into a new Construction and Maintenance
Agreement for Subdivision Improvements.
Meeting Date: 3/27/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
2/29/2012 1:02:23 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/1/2012 3:02:00 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 3/1/2012 3:34:06 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 3/5/2012 4:54:46 PM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 3/6/2012 9:20:04 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/6/2012 4:18:30 PM
^ Name: WilliamsSteven
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3/27/2012 Item 16.A.9.
Title: Assistant County Attorney,County Attorney
Date: 3/13/2012 10:00:15 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/14/2012 4:32:21 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/16/2012 1:54:59 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/16/2012 3:09:38 PM
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3/27/2012 Item 16.A.9.
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE A REEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this !a I day of , 2012 between
Bristol Waterways, LLC., hereinafter referred to as "Devel per," and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has previously received approval from the Board for that subdivision
known as Bristol Pines Phase II. Bristol Waterways, LLC is a successor developer and
wishes to replace the existing securities which had been provided by the original
developer.
B. Chapters 4 and 10 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.
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: Roadway, drainage, water and sewer n
improvements within 18 months from the date of Board approval, 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 $158,581.00
which amount represents 10% of the total contract cost to complete construction plus
100% of the estimate 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
County, 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
caoab.nrs .a smn.orxr saranonT.aoaar arean�� 1 2orr ex
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3/27/2012 Item 16.A.9.
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 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.
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 its obligations under this
Agreement, 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. 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.
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3/27/2012 Item 16.A.9.
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. SEIFSU0586735
KNOW ALL PERSONS BY THESE PRESENTS: that
BRISTOL WATERWAYS, LLC
4949 SW 75'N AVE. MIAMI, FL 33155
(hereinafter referred to as "Owner ") and
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NJ 07102
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One hundred fifty eight thousand five hundred eighty
one & 00 /100 Dollars ($158,581.00) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Bristol Pines Phase Il and that certain subdivision shall include specific improvements
which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final
acceptance by the Board of County Commissioners of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Period ")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15th day
of February, 2012.
LDCA:6
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ILLC SIGNATORIES)
Attest
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3/27/2012 Item 16.A.9.
Bristol Waterways, LLC
By its Member: Waterways JV Holdings, LP
By its General Partner: Flor I ida-Real Estate Value Fund Manager, LLC
By:
Amaud Karsent4 Managing Member
LLC ACKNOWLEDGMENT
STATE OF........... I&V k
....................................
COUNTY OF.. . ........ ss:
On .......... day of ..... . .............in the year 2012 before me personally come(s)...
... Amand Karsenti ........................................................................ I
to me known who, being by me duly sworn, deposes and says th"19c resides in the City of.. Hi Ay- l . ........................
that &he is the ......... Managing Member ............................................................ of ...... Bristol Waterways,
LLC ......................................................... the corporation described in and which executed the foregoing instrument; that&e knows
the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board
of Directors of said corporation, and thatolie sign.4.Vher name thereto by like?*
CATI '-7 RiNE ELIaZA
ME
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.... ......... ....................................................
. My CIO -4* EEOO
my C0Mv!3S1r%-J # EIEN�j (Signature and title of official taking acknowledgment/ Notary)
2014
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(407)39&-(,j7- zcexom
International Fidelity Insurance Company
AttestlLs—'—�� By:
son e
Ti -m-Fact
SURETY ACKNOWLEDGMENT
STATEOF ................ ............................... ........................................
ss:
COUNTY OF ... ... .. Qrb,-4—
.... ........
On this ....... 1.51� ........... day of ... ... .. ....................in the year 2012 before me personally come(s)...
......Jason Valle
to me known who, being by me duly sworn, deposes and says that he/she resides in the City o£.....
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3/27/2012 Item 16.A.9.
that Qshe is the ......................... of the 27op7t��� fF,!4 ,
447-�V -( P ... ... the surety
described in and which executed the foregoing instrument; that Oshe knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said surety, and di.&.he signed his/her name
thereto by like order.
.......................................................
(Signature and title of official taking acknowledgment/ Notary)
I
SHARI A UVING51 0 Iq
COWASSM 0 DDMU*'
EXpIRES MAY 12 2014
RU VOM"a CMVAW
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ALLEGHENY CASUA�.TY:G��!
ONE NEWARK .CENTER, 20TH' FLOOR NEWARK, NEW JL"f
KNOW ALL MEN BY THESE PRESENTS; That'. INTERNATIONAL FIDELITY ' INSURANCE Ct
the laws of the State of New Jersey, and ALLEGHENY <CASUALTY. COMPANY .a cOrporatlon
Penrinvsvlvanla: havina 'their' .principal office in the City of Newark, New Jersey, do hereby constitute
3/27/2012 Item 16.A.9.
NY
Y 07902 -5207. �-
ANY , a corporatism organized and existing unc
anized and existlng under the laws of the State of .
appoint
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