Resolution 2003-421
RESOLUTION NO. 03- 421
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY, DRAINAGE, AND WATER
AND SEWER IMPROVEMENTS IN VENTURA,
PHASE TWO, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY,
DRAINAGE, AND WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE PELICAN MARSH
COMMUNITY DEVELOPMENT DISTRICT
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May II, 1999 approved the plat of Ventura, Phase Two for recording; and
WHEREAS, the Developer has constructed and maintained the roadway,
drainage, and water and sewer improvements in accordance with the approved plans and
specifications and as required by the Land Development Code (Collier County Ordinance
No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier
County Ordinance No. 01-57); and
WHEREAS, the Developer is requesting final acceptance of the roadway,
drainage, and water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway, drainage, and water and sewer improvements, and
is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway, drainage, and water and sewer improvements in Ventura,
Phase Two, and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for roadway, drainage, and water and sewer
improvements that are not required to be maintained by the Pelican Marsh Community
Development District.
This Resolution adopted after motion, second and majority vote favoring same.
DA TE:I2:-Zr-p3
A TT,eST:
DWIGHT E.BROCK, CLERK
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Attest !f.1 to ctla,naan's
11gnat~! only. .'
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Patrick G. White
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER !TY, FL RlDA
By: ~~
TOM HENNING,
16A6
16A7
..
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ~ day of '::r ~ "'-L , 2004, by STOCK
DEVELOPMENT, LLC, a Florida limited liability company (hereinafter "Developer"), and THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "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 Chase Preserve First Replat.
B. Division 3.2 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, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: the water, sewer, roads, drainage and like facilities,
within eighteen (18) months from the date of approval of 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 $30,50 1.52 which amount represents 10%
of the total contract cost to complete construction plus 100% of the estimated 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 Developer's 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 the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the approval of the Development Services Director of the Required 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.
16 A 7 'f
6. The Developer shall maintain all Required Improvements for one (I) year after preliminary
approval by the Development Services Director. After the one (I) 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 Required Improvements and, if found to be still in compliance with the Collier County
Land Development Code as reflected by the final approval of the Board, the Board shall release
the remaining 10% of the subdivision perfonnance 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 Development Services Director to reduce the dollar
amount of the subdivision perfonnance 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.
7. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
perfonnance 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 tpublic advertisement and receipt and acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision
perfonnance 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 al of the provisions of this
Agreement.
8. All of the tenns, covenants, and conditions herein contained are and shall be binding uon the
Developer and the respective sucessors and assigns of the Developer.
IN WITNESS WHEREOF, DeVelOPj y>i...the Boa~ve caused this Agreement to be executed by their
duly authorized representatives this day of <.. f1~ , 2004
STOCK DEVELOPMENT,
a Florida limite
By:
ATTEST:
DWIGHT E. BROCK, CLERK
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Apprm';.a,J.~~ .t,cl.f~J.frand legal sufficiency:
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BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By; DONN/./lE?::t:ft~
,
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'~ JENN A. BELPEDIO
t Assistant County Attorney
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..AM5ourH" BANK
THE RELA no N SHlP PEOPLE'
2941
STOCK CONSTRUCTION LLC
5692 Strand Ct.
Naples, Florida 34110
Pay: ********************Thirty thousand five hundred one dollars and 52 cents
63-466/631
-
PAY
TO THE
ORDER
OF
May 19~ATE2 004
Collier Co Board of Commission
CH2~,f~' $ * * * * * 3 ~o5'7h . 52
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. ~ AUTHORIZEDSIGNAnJRE
II' 0 0 2 g L. ~ II' I: 0 b 3 ~ 0 L. b b 81: 00 3 L. 0 ~ 5 '? 5 211'
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EXHIBIT
fA
16A7
Performance Security
Total Conlra<-'t Amount == $ ] J 1,381.24
Total Constructed to Date = $ 92,017.84
Total Contract Remaining = $ 19,363.40
For the pertonnance security, Collier County requires r 00'% of the remaining construction costs plus 10% of
the total contract for the one year maintenance period.
The pertormance security amount is:
100% of the Remaining Contract == $ 19,363.40
10% of the Total Contract == $ I 1,138.] 2
Total Performance Security Amount = $' 30,501.52
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