Backup Documents 12/13-14/2011 Item #10P r rot
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION'
IMPROVEMENTS entered into this 2dt:, day of 4 P, ..{L ,2012 between Ave Maria
Development, LLLP 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:ARTHREX COMMERCE PARK
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: 1,200 LF of roadway and the supporting
drainage infrastructure within 4 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$ 350,050.40 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.
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 0/4 day of p�L ,2012.
SIGNED IN THE PRESENCE OF: AVE MARIA DEVELOPMENT, LLLP, a
Florida limited liability limited partnership
By: kM,istLi*
By: BARRON COLLIE: ! "ORATION,
a Florida corpo : ion, its anaging Partner
Z)/42.0.E L. lei($it/ge
Print Name
BY: I �111111.-
�v rerefBy:
f glas . Bair "e President
&lam Wl��.c`_
Print Name
Attest:
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DWIGHT E 'B P( K LE BOARD OF COUNTY COMMISSIONERS OF
� COLLIER COUNTY, FLORIDA
LA), C7-1. ...0.4:k
By: ! By:
D �ty� �Clexk /rte" Fred Coyle, Chairman
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Appcc`f ;d`legal suf' iency:
By: (• l-.✓ �Ir
Assistant County Attorney