Resolution 1994-657
RESOLUTION NO. 94-657
SEP 1 3 199'
RESOLUTION AUTHORIZING PRELIMINARY ACCEPTANCE OF. THESE
ROADWAY, DRAINAGE, WATER & SEWER IMPROVEMENTS IN
BRIARWOOD UNIT TWO AND ACCEPTING THE IRREVOCABLE LETTER
OF CREDIT(POSTED WITH THE CLERK) FROM THE DEVELOPER FOR
MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER & SEWER
IMPROVEMENTS FOR A MINIMUM OF ONE YEAR.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on March 22, 1994, approved the plat of Briarwood Unit Two
for recording; and
WHEREAS, the developer has constructed the roadway, drainage,
water & 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.
88-76, as amended), and
WHEREAS, the developer has now requested preliminary
acceptance of the roadway 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 has inspected the roadway and other improvements
and is recommending preliminary acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CONMISSIONERS OF COLLIER COUNTY, FLORIDA, that preliminary
acceptance be granted for these roadway and other improvements in
Briarwood Uni~ Two, 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 a letter of credit (posted with
the clerk) in the amount of $98,219.40 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: ~~. ~ 7-
ATTEST: (<:. '/ t,
',' . " ,,'~.
-=:- '. .
, .
,/W.' GRT E. BROck~. Cler
~t#~/<~... ~ qy
... . -,"'
. II, " . .
form and legal
DDDK
"
\
Approved as to
sufficiency:
~a4 rL .J A~ll.(''-
Hel 1 F. Ash n
Assistant Collier County Attorney
COO P1r;~ 228
doc.7823
111:-0\1111 ':,1111\
.~ ( ':I!t I :'" d,l
.' "'_ I :1 ':': I . ',' I: :
SEP 1 3 ~
ANI50uTH
August 11, 1994
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 94-12
ISSUER: AMSOUTH BANK OF FLORIDA - 811 ANCHOR RODE DRIVE
NAPLES, FLORIDA 33940
(hereinafter "Issuer")
. PLACE AND DATE OF ISSUE: 811 ANCHOR RODE DRIVE,
NAPLES, FLORIDA 33940
AUGUST 11, 1994
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL AUGUST 11, 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 RENEW THIS CREDIT.
APPLICANT:
CS-1 VENTURE
5551 RIDGEWOOD DRIVE SUITE 203
NAPLES, FLORIDA 33963
(HEREINAFTER ("APPLICANT")
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA (HEREINAFTER "BENEFICIARY") COLLIER COUNTY COURTHOUSE
COMPLEX, NAPLES, FLORIDA 33962. ATTN: PROJECT PLAN REVIEW
AMOUNT:
$13,300.00 (U.S.) UP TO AGGREGATE THEREOF.
CREDIT AVAILABLE WITH:
ISSUER
~ PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REOUIRED: 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: CS-1
VENTURE HAS FAILED TO MEET OR COMPLETE THE REQUIREMENTS OF
EXCAVATION PERMIT 159-515 FOR THE PROJECT NAMED EGRET'S WALK
CONDOMINIUM IN PELICAN MARSH OR FINAL INSPECTION SATISFACTORY TO
COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY,
AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY 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."
.DODK COOmt229 .
SEP 1 3 ..
LETTER OF CREDIT NO 94-12
PAGE (2)
DRAFTCSl DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN
UNDER AMSOUTH BANK OF FLORIDA CREDIT NO 94-12, DATED AUGUST 11,
1994". 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.
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 PRACTICE FOR
DOCUMENTARY CREDITS (1983 REVISION) INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATIONS NO 400.
AMSOUTH BANK OF FLORIDA
BY: i) /""(>.JL./L.... 7)1 -/) ;~/"r.. L:i-
fIIARK M. MCCABE ...) .' ~
ASSISTANT VICE PRESIDENT
aDaK ceo f'Af,! 230