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
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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.
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•
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
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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.
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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
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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
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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 —
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1 15@011 - V:Drwv LMARTIN
N0442- 213 -000 - 215810015
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WilsonMi//er
New Directions In Planning, Design & Engineering
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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
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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
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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
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Total $205,010.20
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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
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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
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Now: -21 a - -0
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/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
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