Resolution 1994-610
RESOLUTION NO. 94 610
SEP 6 - 8
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE
ROADWAY, DIlAINAGE, WATER AND SEWER IMPROVEMENTS IN
PORT OF THE ISLANDS (THE CAYS) PHASE II, RELEASE OF
THE MAINTENANCE SECURITY, AND ACCEPTING THE
MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE,
WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on July 5, 1993, approved the plat of Port of the Islands
(The Cays) Phase II for recording; and
WHEREAS, the developer has constructed and maintained the
roadway, drainage, water and sewer improvements in accordance with
the approved plans and specifications and as required by the Land
Development Code (Collier County Ordinance No. 92-73, as amended);
and the utilities Standards and Procedures Ordinance (Collier
county Ordinance No. 88-76, as amended), and
WHEREAS, the developer has now requested final acceptance of
the roadway, drainage, water and sewer improvements and release of
his maintenance security; and
WHEREAS, the Compliance Services section of Development
Services Department has inspected the roadway, drainage, 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 be
granted for those ro.adway, drainage, water and sewer improvements
in Port of the Islands (The Cays) Phase II, 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 the roadway,
drainage, water and sewer improvements that are not required to be
maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote
favoring same.
DATE: \ .I"epteaber 6, 1994
ATTEST:. .1; .
m~IGHT E. BJ<<?CK, Clerk
13r:
7p~
. . .
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Apprpved,' .as to form and legal
sufficiency:
v .
Assistant
County Attorney
doc.478
aODK 000 PAGt 107
SEP 6 - 1M
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS AGREEMENT entered into this ~ day of
SEPTEMBER
19 94 between JOHN N. BRUGGER, INDIVIDUALLY AND AS TRUSTEE,
hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinafter
referred to as "The Board".
RECITALS
~i. 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:
WILSHIRE LAKES, PHASE TWO
Collier
Division
County
Land
of
the
3.2
2.
Development Code allows the Developer to construct the
improvements required by said subdivision regulations prior
to recording the final plat.
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 Water,
Sewer, Paving and Drainage Infrastructure within 36 months
from the date of approval of said subdivision plat, said
improvements here i na fter re f erred to as the requ ired
improvements.
aOOK 000 PA!;t 108
Sff , -'IM
2. Deve loper herew i th agrees to construct sa id
improvements prior to recording said subdivision plat and
the Board of County Commissioners shall not approve the plat
for recording until said improvements have been completed.
3. Upon comp1et ion of sa id improvements, the
developer shall tender its Letter of Credit in the amount of
$149,337.16 which represents 10\ of the total contract cost
to complete construction. Upon receipt of said Letter of
Credit by the Development Services Director, the Developer
may request the Board of County Commissioners to approve the
subdivision plat before recording and grant preliminary
acceptance of said plat.
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
Co 111er County Land Deve lopment Code. The Deve 1 opment
Services Director shall, within sixty days of receipt of the
statement of substantial completion, submit his
recommendations concerning the required improvements to the
Board.
5. Upon recoipt by the Board of recommendations from
the Development: Services Director concerning required
improvements, the Board shall within thirty days either: a)
notify the Developer in writing of its preliminary
eOOK 000 PA~E 109
SEP 6 - 199'
acceptance of the improvementa; or b) notify the Developer
in writing of its refusal to accept improvements, therewith
specifying those conditions which the Developer must fulfill
in order to obtain the Board's acceptance of the
improvements. However, in no event shall the Board refuse
preliminary acceptance 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 acceptance by the Board; after the one year
maintenance period by the Developer has terminated the
Development Services Director shall inspect the improvements
and, if found to be still in compliance with Collier County
Land Development Code as reflected by final acceptance by
the Board, the Developer'S responsibility for maintenance of
the required improvements shall terminate and the Board
shall release the 10\ Letter of Credit; otherwise, the
Developer's responsibility for maintenance shall continue
until final acceptance by the Board.
7. In the event the Developer shall fail or neglect
to fulfill its obligations under this Agreement, upon
certification of such failure by the Development Services
Director and upon notice as provided by the Land Development
Code, the Board sha 11 have the right to construct and
maintain, or cause to be constructed and
maintained,
BOOK OOOft\!110
SEP 6 - ..
pursuant to public advertisement and receipt of acceptance
of bids, the improvements required herein.
The Developer,
as principal under the Letter of Credit 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 co~sequentia1, which the Board may sustain on account of
the failure of the Developer to carry out all of the
provisions of this Agreement.
8. All of the terms, covenants and conditions herein
contained are and shall be binding upon the respective
successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have
caused this Agreement to be executed by their duly
authorized representatives this
6TH day of SEPTEMBER
19--2!.
of:
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l/....:...(~
INDIVIDUALLY
Ind1.v1.dua11y
ame:. m I M Ie: 1-\ ~ '99itrl..
'. .
ATTEST: '".
DWIGHT E.,!!!.O"!\g..9'ERK ,.
Sf,' 7p~~L2C
N Y COMMISSIONERS
COUNT~A
r 1::, Cha1.rman
.;~ Approved as' to form and
:,lega1 .sufficiency:
~;J(!, ~ ~
~ Kenneth B. ell 1er~
Collier County Ateornl!y
BOOK 000 pm ill
SEP 6 - 199't
"N.AMRO e.1". r J V
~rqrancn
~ pptj Pl.1ce. Surte 2950
.a-.1J'.t!jh. Pennsylvania 15222.5-lCO
(4121 !l(i6.:?:!92
~ ADN. AP.1RO Uank N.V.
TRRF.VOCA RT F ~ A NnRY T F.'ITFR OF C'RFnrr
Date of Issue: July 12, 1994
Letter of Credit Number: 8344045
Applicant: Westinghouse Electric Corporation
on behalf of WCN Communities, Inc., formerly
Westinghouse Communities of Naples, Inc.
11 Stanwilt Street
Pittsburgh, PA 15222
Beneficiary: The Board of County Commissioners, Collier County, Florida
2800 N. Horseshoe Drive
Naples, Florida 33942
Amount: $10,000.00
Re: Lake 20 Excavation, Unit 6, Pelican Marsh PUD
Expiry Date: July 12, 1995
At Our Counters
We hereby establish our Irrevocable Standby Letter of Credit No. S344045 in your favor for the
account of Westinghouse Electric Corporation on behalf of WCN Communities, Inc. formerly
Westinghouse Communities of Naples, Inc. which is available against presentation of your draft(s)
drawn on us at sight up to an aggregate amount of U.S. $10,000.00 (U.S. Dollars Ten Thousand and
(0/100) and accompanied by Beneficiary's statement purportedly signed by the County Manager,
certifying that:
"WCN C"..ommunities, Inc. has failtxl to meet or complete the requirements of Lake Excavation
Permit No. 59-511 on the project known as Pelican Marsh Unit 6, Lake 20 Excavation or a
final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 92-73
has not been performed prior to the date of expiry, and satisfactory alternative performance
security has not been provided and formally accepted by the Beneficiary. "
This credit shall be valid until July 12, 1995, 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.
Draft(s) drawn under this Letter of Credit Must be marked: "Drawn under ABN AMRO Bank N.V.
Credit No. S344Q45 dated July 12, 1994." The original Letter of Credit and all amendments, if any,
must be presented for proper endorsement.
Page 1 of2
BOOK 000 PAG~ 112
SEP 6 - 199'
~.AIII'O O;,..k ~J "
.bup1.C\ranc:h
)lie PP<l P!ac:o. SUIte 2950
;1lL..trJi'!:l1. Pennsylvania 15222.5400
:412)566-2292
~ ADN · AMRO Bank if.V.
Standby Letter of Credit No. S344045
This Letter of Credit sets forth in full
shall not in any way be modified,
instrument, or agreement referenced to
such reference shall not be deemed to iJ
agreement.
, terms of the Issuer's undertaking and such undertaking
ended, or amplified by reference to any document,
in or in which this Letter of Credit relates, and any
rporate herein by reference any document, instrument or
Issuer hereby engages with Ben
of this Credit will be duly honored
that draft(s) drawn under and in compliance with the terms
Issuer if presented within the validity of this credit.
Except so far as otherwise stated, 's documentary credit is subject to the .Uniform Customs and
Practice for Documentary C ts. (1993 Revision) International Chamber of Commerce
(Publication 5(0). ..f
I
ABN AMRO Bank N.V.
Pittsburgh Branch 0 ~
OS1 . B 'man'~--er'-= \~^ ,.oJ)'_
_ _ Bart A. Rauluk
Vice President
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~OOK OCO PAGt 113