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Backup Documents 01/11/2011 Item #16A 1[PRINTER TABLE command: COURIER] ITEM NO.: DAT CEIVED: c F E NO.: 10ft . 71 DO NOT WRITE ABOVE THIS LINE (prig. 9/89) Date: April 20, 2011 REQUEST FOR LEGAL SERVICES AR- FP- PL2010 -1887 To: Office of the County Attorney, Attention: Steve Wi Hams From: John R. Houldsworth, Senior Engineer _ Development Services, Engineerin Re: Biscayne Bay at Heritage Bay Unit Four BACKGROUND OF REQUEST /PROBLEM: & V 16A 1 Please review attached Construction & Maintenance Agreement and Original Letter of Credit 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 have returned to this office. OTHER COMMENTS: 1. 3. l6Ai • COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this j`t'•. day of Afri( ,2011 between Lennar Homes, hereinafter referred to as"Developer",and the Board of County Commissioners of Collier County,Florida,hereinafter referred to as the "Board". RECITALS: A. The 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 Biscayne Bay at Heritage Bay Unit Four. B. Section 10.02.04 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 the mutual covenants hereinafter set forth,the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation, landscaping, and street lighting improvements within eighteen (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$988,384,75,which represents 10% of the total contract cost to complete construction plus 100% of the probable cost 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 the Developers engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director 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 c:ldocuments and settingsVmartin\local settings\temporary internet filestontent.outlookks8c3uy38\esbm_app_construction_and_maintenance_agreement for_heritage bay_unit_four_biscayne_bay.doc 16A1 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 Director's approval of the improvements. However, in no event shall the Development Services Director 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 Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director 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 Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six months after the execution of this Agreement and once within every six months thereafter the Developer may request the Development Services Director 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 Development Services Director. The Development Services Director 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 their obligations under this Agreement, upon certification of such failure, the County Administrator 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. c:\windows\temp\esbm_app_construction_and_maintenance_agreement_for_heritage_bay_unit_fou r_biscayne_bay.doc i 16A1 1 IN WITNESS WHEREOF, the Board and tt}g_Developer 11(1\. caused this Agreement to be executed by their duly authorized representatives this ISO day of ' L ,2011. SIGN : Lennar Home C I■► ' ' SENCE By: Lennar Ho - a Florida Limited Liability Company ness By: :".."-Da.0 1%.1-- 1A(t.KI cc...ki.(ell i 4.-e /� i1 (11;{'�. Print Name Printed or types'name Attorney-in-fact Witn ss w Deanna J. -ft Printed or typed name ATTEST: . DWIGHT F all Ic.CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIE N ,FLORIDA 13, li Q C . .11stirit on*;; Fred W. Coyle ApprovedJ4s,tetfOi and Legal Sufficiency: ,), .._1-7. .(, ))1,_:_— Assistant County Attorney cAwindows\temp\esbm_app_construction_and_maintenance_agreement_for_heritage_bay_unit_four_biscayne_bay.doc FIDELITY GUARANTY AND ACCEPTANCE CORP. 1 5 5 5 0 L I G H T W A V F D R I V E - S U I T E 2 0 0 CLEARWATER, FLORIDA 33760 PHONE (727)479 -1790 1 A I IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGA(' -I 1001 1 6 • ' ISSUER: FIDFI.FFY GUARANTY AND ACCEPTANCL CORP. II IEREINAFI'ER "ISSUER ") DATE OF ISSUE: JANUARY 18, 2011 PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCA I ED AT 700 NW 107 AVF, SUFFE 240 MIAMI, FLORIDA 33172 DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UN "IIL JANUARY 18, 2012 AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE -YEAR PERIODS ON THE ANNIVERSARY 01' ITS ISSUE, UNLESS A LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER N011FIFS THE BENEFICIARY IN WRITING 13Y REGIS "I'EI2ED MAIL, OVERNIGHT N -IAIL OR COURIER 'I'IIA I THE ISSUER F,LECTS NOT TO SO RENEW THIS CRF.DI'I. APPLICANT: LENNAR IIOMES, LLC. (I IEREINAFTFR "APPLICANT -) 10481 BEN C PRA "FT SIX MILE CYPRESS PARKWAY FORT MYFRS, FLORIDA 33966 BENEFICIARY: BOARD OP C'OUN'FY COMMISSIONERS, COLLIER ('01 INTY, FLORIDA (HEREINAFTER -BENEFICIARY") C/O ENGINEERING REVIEW SERVICES 2800 NOR III HORSESHOE DRIVF: NAPLES, F1.34104 AMOUNT: UP TO AN AGGREGATE: AMOUN "F OF $988,384.75 (NINE HUNDRED EIGHTY FIGHT THOUSAND THREE HUNDRED EIGHTY FOUR AND 75/100 US DOLLARS) CREDIT AVAILABLE WITH: ISSUER BY PAYMENT AGAINST DOCUMENTS DE FAILED HEREIN AND BFNITICIARY'S DRAFTS A F 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 SIGNED BY THE COUNTY MANAGER, CERTIFYING THAI': A. "(1) APPLICANT HAS FAILED TO CONSTRIJCF AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH 'IIIAT CERTAIN PLA'l OF A SUBDIVISION KNOWN AS BISCAYNE BAY AT IIERI "FAGE BAY UNIT FOUR AS SHOWN ON TIIE ESTIMATE FROM WILSON MILLER DATED JANUARY 5, 2011 CON "FAININ(i THE. REQUIRED PROJECT IMPROVEMENTS FOR HE:RIFAGF BAY: BISCAYNE BAY OPC PIN 215610015; (11) APPLICANT IIAS BEEN GIVI'.N WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DF.FAMA IN REASONABLE DCT'All, BY CERTIFIED MAIL, RETURN RECEIPT REOUES'FED; AND (111) TIIE DFFAUI,1 HAS NOT BEEN CURED WITHIN TI11; CURE PERIOD PROVIDED FOR THEREIN, IF .ANT'; OR B. A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO 11 IF DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PFRFORMANC'E SFCURITY HAS NO'I BEEN PROVIDED TO AND FORMALLY AC'C -P'ITD 13Y THE BENEFICIARY'. DRAFT(S) DRAWN UNDER THIS LET'[ FR OF CRL:DIT SHALT. BE MARKED: "DRAWN TINDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDH NO. FGAC- 11001, DATED JANUARY 18, 2011." AND MUST BE ACCOMPANIED BY THE ORIGINAL LET "IFR OF CREDIT AND ALL AMENDNIFNTS, IF ANY, FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SEIS FOR I'll IN FALL TIIE I ERN1S OF 111E ISSUER'S TINDER "FAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BL MODII IED, AMENDED, OR ANIPLII IED BY RE:FERFNCF. 10 ANY DOCUMENT, INSTRl1MFN'I, OR AGREEMENT 121- PFRFNICED TO HEREIN OR IN WHICH "I HIS LET 'HER OF CREDFF RELATES, AND ANY SUCH REFERFNCF. SHALL NOT 131. DLIAIED 1'0 INCORPORA I I. III:RIAN 131' RI-PEREN(T ANY DOCUMENT, INSIROMEN'l OR AGRI- FMF.N "1. F I D E L I T Y GUARANTY AND ACCEPTANCE CORP. ACM 1 5 5 5 0 L I G H T W A V E D R I V E - S U I T E 2 0 0 C L E A R W A T E R F L O R I D A 33 7 6 0 PHONE (727)479 -179D TI I ISIS AN INTEGRAI. PART OF LF:'I "I FR OP CREDIT - NO. EGA('-11001 PAGE 2 ISSUER HEREBY ENGAGES WFIII BENEFICIARY THAT DRAF "I(S) DRAWN UNDER AND IN COMPLIANCE WITH THF. TERMS OF "I HIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WI'IIIIN IIIE VALID] I Y OF "L HIS CREDIT "FOGL''I HER WILL] Fill' DOCUNIENTS RFQl FRED IIERFIN AT THF. PLACE OF EXPIRY PRIOR "1'0 THE ISSIIFR'S CLOSE OF BUSINESS ON OR PRIOR TO TI IF DATF OF EXPIRY. TIIIS CREDIT IS SUBM -F FO '1111' UNIFORM CUSTOMS AND PRACIIC'E FOR DOCUMENTARY CREDITS (2007 REVISION) IN IERNATIONAI. CHAMBER OF COMMERCE PUBLICATION NO, 600. FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQUELIN v- SOUZA, VICE RFSIDEN'L 16A 1 wiIsonMiller Cal by: DJH15610015 Biscay / 011 New Directions In Planning, Design & Engineering Checked by: Summary: Biscayne Bay (PPL) OPC UTILITY Potable Water $110,424.00 Sanitary Sewer $123,852.70 UTILITY SUB -TOTAL $234,27670 PAVING / DRAINAGE Stone Sewer $232,535.69 Earthwork $162,624.00 Paving $205,010.20 Mist; $64,085.00 PAVING / DRAINAGE SUB -TOTAL $664,254.89 'AL PROBABLE COST $898.531.59 `� � 1TiTtf —oojs E968.384.75 110 °% 61tzli4k/ 'r O . �\-ENSF..T No.60727 STATE OF V — �9oT • F�0RIDP •' avid J. urs, .E. :�FiSi''...... •'�j \�.�`� PE #:60727 /ON AL r��rg11 n11111NU 1 15@011 - V:Drwv LMARTIN N0442- 213 -000 - 215810015 x, WilsonMi//er New Directions In Planning, Design & Engineering 16A 1 Project: Heritage Bay: Biscayne Bay OPC PIN: N0442- 213 -006 Cale by: DCH 5/19/2006 Checked by: Heritage Bay: Biscayne Bay OPC POTABLE WATER Total Description Unit Price quantity Total Amount 12" PVC CL150 Water Main LF $25.80 2,465 $63,597.00 12" Gate Valve EA $2,222.00 1 $2,222.00 Fire Hydrant Assembly EA $4,120.00 5 $20,600.00 Temporary Bacterial Sample Point EA $610.00 2 $1,220.00 Permanent Bacterial Sample Point EA $1,125.00 1 $1,125.00 Single Water Service (Typ.) EA $560.00 10 $5,600.00 Double Water Service (Typ.) EA $730.00 22 $16,060.00 $110,424.00 virinm. in,rv.swwfnar wu rauxx,wm. -o Wilsonmiller New Directions In Planning, Design & Engineering 16A 1 Project: Heritage Bay: Biscayne Bay 0 C PIN: N0442- 213 -006 Calc by: DCH 5/19/2006 Checked by: Heritage Bay: Biscayne Bay OPC SANITARY SEWER Total Description Unit Price Quantity Total Amount 8" PVC Gravity Sewer (0'-6' cut) LF $26.50 566 $14,999.00 8" PVC Gravity Sewer (6'-8' cut) LF $30.50 562 $17,141.00 8" PVC Gravity Sewer (8' -10' cut) LF $34.50 380 $13,110.00 8" PVC Gravity Sewer (10' -12' cut) LF $38.10 202 $7,696.20 8" PVC Gravity Sewer (12' -14' cut) LF $41.75 450 $18,787.50 Manhole (0'-6' cut) EA $2,620.00 2 $5,240.00 Manhole (6' -8' cut) EA $3,000.00 1 $3,000.00 Manhole (8' -10' cut) EA $4,411.00 1 $4,411.00 Manhole (10' -12' cut) EA $5,848.00 2 $11,696.00 Manhole (12' -14' cut) EA $7,228.00 1 $7,228.00 Single Sanitary Sewer Lateral EA $516.00 14 $7,224.00 Double Sanitary Sewer Lateral EA $666.00 20 $13,320.00 $123,852.70 n]aaw � in�nvs owxner uw] NON211]OY��O i 16A 1 Wi/s�nMiller Project: Heritage Bay: Biscayne Bay OPC PIN: N0442- 213 -006 Calc by: DCH 5/19/2006 New Directions In Planning, Design & Engineering Checked by: Heritage Bay: Biscayne Bay OPC STORM SEWER Description Unit Prfce Total Quantity Total Amount 15' RCP LF $29.20 140 $4,088.00 18" RCP LF $36.20 507 $18,353.40 24" RCP LF $47.00 261 $12,267.00 30" RCP LF $50.59 541 $27,369.19 36" RCP LF $72.14 765 $55,187.10 48" RCP LF $148.50 470 $69,795.00 36" Mitered End EA $1,002.00 4 $4,008.00 48" Mitered End EA $1,350.00 2 $2,700.00 Valley Gutter Inlet EA $2,200.00 8 $17,600.00 Grate Inlet EA $2,167.00 8 $17,336.00 Control Structure EA $3,832.00 1 $3,832.00 Total $232,535.69 amrau. iio+n vsawmcv Haa.ns aae.. 0 16A 1 11 Total $205,010.20 szvmm . , �a,u v.�- wrtner w�a- z,smn..0 Project: Heritage Bay: Biscayne Bay OPC Wilsp�Mi/ler PIN: N0442- 213 -006 Calc by: DCH 5/19/2006 New Dlrectlons In Planning, Design & Engineering Checked by: Heritage Bay: Biscayne Bay OPC PAVING Description Unit Price Total Quantity Total Amount Type T" Curb & Gutter LF $10.00 352 $3,520.00 24" Valley Gutter LF $8.00 4932 $39,456.00 1.5" Asphaltic Concrete (both lifts) SY $4.95 6373 $31,546.35 8" Umerock Base SY $10.50 6373 $66,91650 12" Stabilized Subgrade SY $2.00 6924 $13,848.00 4" Concrete Sidewalk ( 5' wide) SY $4.30 1377 $5,921.10 Sodding (B.O.C.)' SY $1.75 2192 $3,836.00 Road Prep and Final Grade' SY $1.25 6373 $7,966.25 Signing & Pavement Markings LS $32,000.00 1 $32,000.00 Total $205,010.20 szvmm . , �a,u v.�- wrtner w�a- z,smn..0 16A1 Wi��Mi��er Project: Heritage Bay: Biscayne Bay OPC PIN: N0442- 213 -006 Calc by: DCH 5/1972006 New Directions In Planning, Design & Engineeringhecked by: Heritage Bay: Biscayne Bay OPC Earthwork Description Unit Price Total Quantity Total Amount Import /Fill CY $16.00 10,164 $162,624.00 Total $162,624.00 c 3 Now: -21 a - -0 16A 1 /s�nMiller Project: Heritage Bay: Biscayne Bay OPC PIN: N0442- 213 -006 Calc by: DCH 5 /19/2006 New Directions In Planning, Design & Fngineeringheeked by: Heritage Bay: Biscayne Bay OPC MISC Description Unit Price Total Quantity Total Amount Street Lights LS $40,000.00 1 $40,000.00 Silt Fence LF $1.00 5500 $5,500.00 Turbidity Barriers LF $21.00 885 $18,585.00 Total $64,085.00 MLxlltl - .)010.5 W 2- d1MiLEY CID rouax+sau 0