Agenda 11/12/2019 Item #16A 6 (Final Plat form Eden on the Bay)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Eden on the Bay, Application Number 99-02, and authorize the
release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On May 2, 2000, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Eden on the Bay.
2) The improvements within Tract “M” (public right-of-way) will be maintained by Collier County.
All other improvements will be maintained by the Glen Eden on the Bay Homeowner’s
Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements and is
recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The improvements within Tract “M” (public right-of-way) will be maintained by
Collier County. All other improvements will be maintained by the Glen Eden on the Bay Homeowner’s
Association. The existing security in the amount of $86,255 will be released upon Board approva l. The
original security in the amount of $764,264 has been reduced to the current amount based on the previous
work performed and completed and pursuant to the terms of the Construction and Maintenance
Agreement dated June 8, 1999.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Eden
on the Bay, Application Number 99-02, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.6
Packet Pg. 470
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 10299
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Eden on the Bay, Application Number 99 -02,
and authorize the release of the maintenance security.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/24/2019 3:28 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/24/2019 3:28 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/24/2019 4:20 PM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/25/2019 6:12 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/25/2019 4:58 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/27/2019 1:21 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/30/2019 12:55 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/30/2019 4:38 PM
Road Maintenance Albert English Additional Reviewer Completed 10/14/2019 11:31 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/15/2019 8:27 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/15/2019 4:29 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/15/2019 5:19 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:17 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/22/2019 3:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:29 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 2:54 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 8:59 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.6
Packet Pg. 471
EDEN ON THE BAY
LOCATION MAP
16.A.6.a
Packet Pg. 472 Attachment: Location Map (10299 : Final Acceptance - Eden on the Bay)
Document Prepared Ay
Mark W. Minor. P.E.
Q.Grady Minor & Assodates. P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ? M., day of� 1999 between Glen Eden on
the Bay, L.P., hereinafter referred to as "Developer", and the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
1.Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Eden on the Bay
2.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, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
1.Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 36 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 of in the amount of $764,26�.00 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.[n 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.
16.A.6.b
Packet Pg. 473 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
4.The required improvements shall not be considered complete until a statement of
substantial completion hy Developer's engineer along with the final project records
have been furnished to he n:viewc:d and approved hy the Development Services
Director for compliance with the Collier County Land Development Code.
5.The Development Services Din:ctor 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 h) 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 Director's approval of the imprnvements.
However. in no event shall the Developer Services Director refuse preliminary
approval of the improvements if they arc in fact constructed and suhmi1tcd for approval
in accor<lam:e with the n.:4uirc1111.:nts of this J\gn.:erm:nt.
6.The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval hy the Development Services Director. After the one
year maintenance period hy the Developer has terminated. the Developer shall petition
the Development Services Director inspect the improvements. The Development
Services Director or his designee shall inspect the improvements and. if found to he
still in compliance with Collier County L1nd Development Code as retlecti:d hy final
approval hy the Board. the Board shall release the 10% suhdivision pi:rformance
security. The Developer's responsibility for maintenance of the re4uired improwrrn.:nts
shall continue unless or until the Board accepts maintenance responsibility for th<:
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 performance security on the basis of work
completed. Each request for the reduction in the dollar amount of the suhdivision
performance security shall he accompanied by a statement of substantial completion hy
the Developer's engineer together with the project records neci:ssary for review hy the
Development Services Director. The Development Services Director may grant the
n:quest for a reduction in the amount of the suhdivision performance security for th1:
improverrn.:nts 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 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 and maintained, pursuant to public
advertisement and receipt of 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 construction, the final cost to
the Board thereof. including. hut not limited to, engineering. legal and contingent costs.
together with any damages. either direct or consequential. which the Board may sustain
,-------···----··-· ·---------------· -•->'-••·
16.A.6.b
Packet Pg. 474 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
on account of lhe failure of lhe Developer to carry oul all of lhe provisions of the
Agrecmenl.
9.All of terms. covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF. lhe Board and Developer have caused lhis Agreement lo he
executed by their duly authorized representatives this� day of� . 1999.
Signed, Scaled and Delivered
in the presence of:
Witnesses:
xU✓·--���
•�//� �--Kl,'/ t'°� I•
(Printed or Typed Name)
x-)-, ,,,_� 11/0 Lr.cl
-._,J ·21-../ t'_ 1:.. : t /'./ c-�/
(Printed oi: Typed Name)
Attest:
Dwight E. Brock, Clerk
:_J,.fe: �µyyd� )e.p�r(C�rk Attest isto Cha irttan. ssignature onlJ.
Approved as to form and legal sufficiency: q � d ( J ,A I � L --- -
,Cf __ David C. Weigel V� Collier County Attorney
BY:
Glen Eden on the Bay, L.P.
By: Western Sales and Development Co.,
Its General Partner
Gary Ki sella, Vice -President
Board of County Commissioners
of Collier County, Florida
I/ ;/J
/
��cputy
Chamnan
16.A.6.b
Packet Pg. 475 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
ISSUING BANK: NATIONSBANK, N.A.
RE: IRREVOCABLE LETTER OF CREDIT NO. 941555 ISSUE DATE: JUNE 7, 1999 EXPIRY DATE: JUNE 7, 2000 AMOUNT: $764,264.00
APPLICANT: GLEN EDEN ON THE BAY, LP 14510 VANDERBILT DR. NAPLES, FL 34110
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C/0 OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL
. ..
WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO. 941555 IN YOUR FAVOR FOR THE ACCOUNT OF GLEN EDEN ON THE BAY, LP IN THE AGGREGATE AMOUNT OF SEVEN HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED SIXTY-FOUR UNITED STATES DOLLARS ($764,264.00), AVAILABLE BY BENEFICIARY·s DRAFT(S) AT SIGHT DRAWN ON NATIONSBANK, N.A. AND ACCOMPANIED BY BENEFICIARY·s STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "GLEN EDEN ON THE BAY, LP HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIA7ED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS GLEN EDEN ON THS BAY OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFAC TORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY."
THIS CREDIT SHALL BE VALID UNTIL JUNE 7, 2000, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE (1) YEAH PERIODS, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED M/lL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT.
DRAFTS(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE HARKED: "DRAWN UNDER NATIONSBANK, N.A. CREDIT NO. 941555 DATED JUNE 7, 1999." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERHS OF OUR UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR ·AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDITRELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE., : HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. 'l./_.;� ..;·· :; . 'l � ·-. . ·.; ... ��. �- . • -,;���IRREVOCABLE ,STANDBY ,LETTER OF CREDIT NO� ··941555, PAGE 1
ORIGINAL
--••-----�-�--•�•�•••M---·---------------
16.A.6.b
Packet Pg. 476 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT TO OUR OFFICE LOCATED AT 901 MAIN ST., 9TH FL., DALLAS, TX 75202, ATTN: LETTER OF CREDIT DEPT.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
NATIONSBANK, N.A. u vt J� t f J,eiu {)�
{RELLA COLEMAN VICE PRESIDENT
FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT 214-209-3097.
.. ·, . ,._.
-7 •:. • • • ,-.-.' .• :· ,.. •.
.. . . . �W,►.Je�� -... �. . IRREVOCABLE STANDBY LETTER OF CRE�lpl�. ·: 9'41555';· PAGE 2 - .,. __ ___,...,... ___ � ·"" ==-• _ _.....,,.�-,....----�....--�----·----·--· -----
16.A.6.b
Packet Pg. 477 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
IRREVOCABLE ST AND BY LETTER OF CREDIT
No. 2003-4
Issuer: BRANCH BANKING AND TRUST CO., a North Carolina banking corporation, 1410
Piedmont Road East, Tallahassee, FL 32308
Issued in Tallahassee, Florida on January 30, 2003
Place of Expiry is at Issuer's counters located at 8840 Tamiami Trail North, Naples, FL
Date of Expiry: This Credit shall be valid until January 30, 2004, and shall thereafter be
automatically renewed for successive one-year periods on the anniversary of its issue unless at
least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in
writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: SUNNY DAYS, INC., a Florida corporation (hereinafter "Applicant"), 1085
Business Lane Suite# 10, Naples, FL 34110-8470
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") C/o Office of the County Attorney, Collier County Courthouse Complex
Naples, Florida
AMOUNT OF CREDIT: $86,255.00 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER CERTIFYING THAT: Sunny
Days, Inc., a Florida corporation has failed to construct and/or maintain the improvements
associated with that certain plat of a subdivision know as Eden on the Bay or a final inspection
satisfactory to Collier County has not been performed prior to the date of expiry, and
satisfactory alternative performance security has not been provided to and formally accepted by
the Beneficiary"
DRAFT(S) DRAWN UNDER TIDS LETTER OF CREDIT MUST BE MARKED: "Drawn
under Branch Banking and Trust Co. Credit No. 2003-4 dated January 30, 2003". The original
letter of credit and all amendments, if any, must be presented for proper endorsement.
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such
undertaking shall not in any way be modified, amended, or amplified by reference to any
documents, instrument, or agreement referenced to herein or in which this letter of credit
relates, and any such reference shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
C:\BBTDA TA \fsb\DOCS\MYDEALS\Sunny Days\Sunny Days Letter of Credit-Eden-on-the-Bay042803.DOC
l
16.A.6.b
Packet Pg. 478 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the "Uniform Customs and Practices for Documentary Credit(1993
Revision),International Chamber of Commerce Brochure No. 500".
BRANCH BANKING AND TRUST CO.,
1U'Veke444 ---By:
Print Name: William T. Mattice
Title: Regional President
State of Florida
County of Leon
The foregoing instrument was acknowledged on 51C , 2003,by William T.Mattice,
Regional President of Branch Banking and Trust Co., a North Carolina banking corporation, on
behalf of the corporation. He is personally known to me to be the Regional President of Branch
Banking and Trust Co.
Notary Public, State of Florida
My Commission expires:
Brian S.Robinson
MY COMMISSION#C4EXPIRES
December 9,2003
BONDED THRU TROY
FAINC89INSURANC121
E INC
C:\BBTDATA\fsb\DOCS\MYDEALS\Sunny Days\Sunny Days Letter of Credit-Eden-on-the-Bay042803.DOC
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16.A.6.b
Packet Pg. 479 Attachment: Bond Basis (10299 : Final Acceptance - Eden on the Bay)
16.A.6.c
Packet Pg. 480 Attachment: Resolution (10299 : Final Acceptance - Eden on the Bay)
16.A.6.c
Packet Pg. 481 Attachment: Resolution (10299 : Final Acceptance - Eden on the Bay)
16.A.6.d
Packet Pg. 482 Attachment: Plat Map (10299 : Final Acceptance - Eden on the Bay)
16.A.6.d
Packet Pg. 483 Attachment: Plat Map (10299 : Final Acceptance - Eden on the Bay)
16.A.6.d
Packet Pg. 484 Attachment: Plat Map (10299 : Final Acceptance - Eden on the Bay)