Backup Documents 03/22/2011 Item #16A6[PRINTER TABLE command: COURIER]
ITEM NO.:
DATE RECEIVED:
FILE NO.: •, O1 9
ia� s
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE (orig• 9/89)
REQUEST FOR LEGAL SERVICES
Date: April 4, 2011
AR- PPL- 2010 -831
To: Office of the County Attorney, Attention: Steve Williams
From: John R. Houldsworth, Senior Engine
Development Services, Engineering e
Re: Quarry Phase 3A
BACKGROUND OF REQUEST /PROBLEM:
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Please review attached Construction & Maintenance Agreement and Performance Bond former
legal sufficiency. cs�
S�
(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 HOLD at your office
along with the Final Plat.
OTHER COMME :
BCC Approval - 3/22/11 Item 16 -A -6
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A 1 C 00r T`► A-t 0Y-No-4
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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 Z V day of 1A�, 2011 between Centex 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 The Quarry Phase 3A.
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.
Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $467,156.64, 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
the improvements; or b) notify the Developer in writing of his refusal to approve
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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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IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this gZ day of jaj]4L! 2011.
SIGNED
IN THE PRESENCE OF:
Witness
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Printed or typed name
Witness
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Printed or typed name
ATTEST:
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Approved as to form-and Legal Sufficiency:
Assistant County Attorney
Centex Homes
By: Centex Homes, a Nevada General Partnership
By:
Zt,I[.Nl�)
Print Name
64(,PI C s��ItN
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:.
Fred W. Coyle
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