Resolution 1994-611
RESOLUTION NO. 94~
SEP 6 - 1991t
RESOLUTION AUTHORIZING PRELIMINARY ACCEPTANCE OF THESE
ROADWAY, DRAINAGE, WATER & SEWER IMPROVEMENTS IN THE
ESTATES AT WYNDEMERE AND ACCEPTING THE IRREVOCABLE
LETTER OF CREDI~[, FROM THE DEVELOPER FOR MAINTENANCE OF
THE ROADWAY, DRJ,INAGE, WATER & SEWER IMPROVEMENTS FOR A
MINIMUM OF ONE YEAR.
WHEREAS, the Bozlrd of County Commissioners of Collier County,
Florida, on March 8, 1994, approved the plat of The Estates at
Wyndemere for recordin~/; and
WHEREAS, the developer has constructed the roadway, drainage,
water & sewer improvemElnts in accordance with the approved plans and
specifications and as required by the Land Development Code (Cbllier
County Ordinance No. 91-102, as amended); and the Utilities
Standards and Procedures Ordinance (Collier County Ordinance No.
88-76, as amended), and
WHEREAS, the developer has now requested preliminary
acceptance of the road'way and other improvements and release of his
construction security after an acceptable maintenance security is
provided; and
WHEREAS, the Compliance Services Section of the Development
Services Department han inspected the roadway and other improvements
and is recommending proliminary acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that preliminary
acceptance be granted for these roadway and other improvements in
The Estates at Wyndemere, upon submission and acceptance of
Utilities conveyance documents by the Collier County Water-Sewer
District pursuant to Collier County Ordinance No. 88-76, as amended.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
maintenance security in the form of an irrevocable letter of credit
in the amount of $6,110.80 and that the developer is responsible for
the maintenance of the roadway and other improvements for a minimum
period of one year as required by the Land Development Code
(Ordinance No. 91-102, as amended) and the Utilities Standards and
Procedures Ordinance (Ordinance No. 88-76, as amended), at which
time the developer must petition the Board for final acceptance.
This Resolution adopted after motion, second and majority
vote favoring same.
DATED:
ATTEST:
Septe.ber 6. 1994
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DWIGHT E. B~OCk, Clerk
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Approved as to form anll lega 1
SUfficiency:
doC.411
Coun1:y Attorney 00 11
~OOl( 0 PAGE "
SEP 6 - 199\
SSun
anK
Sun8enklSouthwest FIoci",
p,O, Box 413002
Naples, F10nda 3394 1.3002
8 I 3 598-0300
IIUU;\,()CADU: ~TANnnY U~nEIt OF
CREmT NO. 319
July 12, 1')94
ISSUER:
~;IJNBANK/SOUT"\VEST FLORIDA, a Florida corporal ion and slate-ehanered
knk (hereinafter 'Issuer')
PLACE AND DATE
OF ISSUE:
1:730 New Brillany Boulevard, p, 0, Box 3454, Fon Myers, Florida 33918-
:454
PLACE OF EXPIRY:
1\1 Issuer's Counters
DATE OF EXPIRY:
l1lis Credil shall be valid until July 12, 1995, 1I0wever, Ihis credit shall be
aUlomatically renewed for succe~sive one (I) year periods beyond July 12, 1995,
unless notice is given by Issuer to Beneficiary, at least sixlY (60) days prior to
any such anniversary date, of ilS ciccI ion not to so renew Ihis credit. Said
nOlice shall be crfective upon Issuer's mailing of same by cenified mail, return
n:ceipt requested,
APPLICANT:
WYNDEMERE FARMS DEVELOPMENT, INC" 3000 Livingston Road,
I\:'ples, FL 33999 (hereinafter' Applicant')
BENEFICIARY:
TilE BOARD OF COUNTY COMMISSIONERS, Collier County, Florida
AMOUNT:
SIX THOUSAND ONE HUNDRED TEN AND 80/100 DOLLARS ($6,110.80)
up to an aggregate thereof.
CREDIT AVAILABLE WITH:
Issuer
BY:
Payment against documents detailed herein and Beneficiary's drafts at sight on
the Issuer,
DOCUMENTS REQUIRED:
Available by Beneficiary's draft(s) at sight drawn on the Issuer and accompanied
b)' Beneficiary's statement signed by the COUnty Manager, cenifying that:
.WYNDEMERE FARMS DEVELOPMENT, INC" has failed to construct
ar.d/or maintain the improvements associated with Ihat cenain plat of a
subdivision known as TIlE ESTATES AT WYNDEMERE or a final inspection
s:lllsfactory to Collier County has nol been performed prior to the date of
expiry, and satisfactory ;lllernative performance security has not been provided
to and formally accepted by the Beneficiary, '
DRAFT(S) DRAWN UNDER TillS LETTER OF CREDIT MUST BE MARKED: "Drawn under
SUNBANK/SOUTHWEST FLORIDA, a Florida corporation and state-chanered bank, l..cller lIf Credit No, J 19.
dated July 12, 1994,' The originalleller of credit ;lnd all amendment~, if any. musl be presl'nted for proper
endorsement,
,...,.. Rty,uon.)lS
A SunTruSI Bank
~DDK OOO'AGt 115
SEP 6 - ~
This Lcller of Credit sets fonh in full the terms of the Issuer's undemking and such undertaking shall not 10 any
way be modified, amended, or amplified by reference to any documenls, instrument, lIr agrecment rcferenced 10
herein or in which this Lcller of Credit relates, and any such reference shall not he decmed III IOCOrtlOrate nerelO
by reference any document, instrument or agreement.
Issuer hereby engages with Benefleiary that draft(s) drawn under and in compliance with the lerms of this credit
will be dully honored by Issuer if presented within the validity of this credit. Issuer shall have (he above-referenced
right to rely upon draft and statement of Beneficiary and shall have neither the authority nor the obligation to inquire
as to the accuracy of information contained therein,
This eredit is subject to the Uniform Customs and Practice for Documentary Credits Inlernational Chamber of
Commerce Publication No, 500 as effective January 1, 1994,
SUNBANKlSOUTHWEST FLORIDA, a Florida
corporation and S~hanered bank
.... /~I-+-'
~ 'l. . '/ U'I-t:-- --.
By: ' IV 0~
MARK MORRIS
'Vice-Pi'eSldent
DLW:q
~OOK 000 PAGt 116
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