Backup Documents 02/14/2012 Item #16A 7 CcreA--1OI-
V—K.-mach-0 N5S
CONSTRUCTION AND MAINTENANCE AGREEMENT 1 6 A 7
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this To+ day of 1M ._t 4 ,2012 between CCC Traditions,
LLC hereinafter 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 a certain plat of a subdivision to be known as: TRADITIONS, THE VILLAS AT GREY
OAKS
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: Earthwork, paving, drainage, potable water,
irrigation and landscape improvement within 18 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$460,947.30 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.
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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 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.
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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.
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of_MAS020 12 .
SIGNED IN THE PRESENCE OF:
CCC Traditions,LLC
. (CJGLr a Florida limited liability company
KIM D. DAVIDSON )
w.rµ0 5SC:,5 •
By: %..(L 6c A` -: ;therine G. Sproul,Managi ber
ncek
ATtEST w',z BOARD OF COUNTY COMMISSIONERS
WIGHT E.MOCK`Clerk OF COLLIER COUNTY,FLORIDA
By:
pity ClerkCM tria
atilt'rel Fred/Coyle, Chairman
11cature On,
Approved as to form
and legal sufficiency:
Assistant County Attorney
Approved Form—JAK—February 2006
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[PRINTER TABLE command: COURIER]
ITEM NO.: 16 A7
DATE RECEIVED: r
FILE NO.: pri s+ v
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: March 8, 2012 AR- PL2011 -1515
To: Office of the County Attorney, Attention: Steve Williams �•
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Traditions The Golf Residences and Villas at Grey Oaks
BACKGROUND OF REQUEST /PROBLEM:
Please review attached Construction & Maintenance Agreement and Performauce Bond for
legal sufficiency.
(Are there documents or other information needed to review this matter ?)
This item has not been previously submitted.
(If previously submitted provide County Attorney's Office file no.)
ACTION REQUESTED: Review, execute if found to be sufficient and advise me when
available.
OTHER COMMENTS:
b K 0 At Ell
16 A7
JOINDER AND CONSENT OF MORTGAGEE
(Regarding recordation of the plat of Traditions, The Villas at Grey Oaks)
WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Mortgagee'), being the owner and the
holder of that certain Construction Mortgage with Absolute Assignment of Leases and Rents, Security
Agreement and Fixture Filing executed by CCC Traditions, LLC, a Florida limited liability company, in
favor of Mortgagee, dated December 8, 2011 and recorded on December 9, 2011 in Official Records
Book 4744, Page 2488, Instrument #4635617 in the Official Records of Collier County, Florida, does
hereby consent to and join in the execution of the plat of Traditions, The Villas at Grey Oaks.
t�
Dated this day of 1-- 16a 2012
Witnessed
by:
Name:
STATE OF
COUNTY OF )
WELLS FARGO BANK, NATIONAL
ASSOCIATION
By:_`
Name-- .
Title: V
I HEREBY CERTIFY that on this 11 day of 1=.e & R 2012, before me, an officer duly
authorized in the State and County aforesaid to take ac owledgements, personally appeared
Qom, as A\jp of Wells Fargo Bank, National Association, and that such
officer acknowledged executing this Joinder and Consent of Mortgagee and executing the same for the
purposes therein expressed in the presence of two subscribing witnesses freely and voluntarily under
authority duly vested in such officer by such bank on behalf of such bank. Such person is personally
known to me and did take an oath.
`/ WITNESS my hand and official seal in the County and State afore this l day of
2012.
Notary bli
Print Name: qtr 1
My Commission Expires.---J Qtl • 3a� 2�0�
[Notary Seal]
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NOTICE OF SUBDIVISION PLAT FILING
DATE:
PLAT BOOK # AND PAGE # P.B. PG.
16 A7
COUNTY OF COLLIER
SECTION Z s� TOWNSHIP 40 RANGE ? 5
NAME OF SUBDIVISION i' j� , �'t4 ,�� `fir Tht f L
NUMBER OF LOTS
NAME OF OWNER OR CORPORATE NAME
ADDRESS OF OWNER
PHONE NUMBER IF AVAILABLE
ARE ADDITIONAL PLAT FILINGS ANTICIPATED? YES NO ---'
HAVE THE ROADS IN THE SUBDIVISION BEEN ACCEPTED BY THE COUNTY FOR
MAINTENANCE? &l 'n>
TYPE OF OFFERING:
HOMESITE x
MOBILE HOMESITE
IMPROVED ACREAGE
HOME AND LOT PACKAGE
MOBILE HOME & LOT PACKAGE _
TOWNHOUSE
CONDOMINIUM
COMMERCIAL
PUD
UNIMPROVED ACREAGE
NAME AND POSITION OF PERSON PROVIDING INFORMATION
JOHN R. HOULDSWORTH, SENIOR ENGINEER
THIS IS A SELF MAILER; FOLD ON THE LINES, STAPLE AND ATTACH POSTAGE
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