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Backup Documents 02/14/2012 Item #16A 7 CcreA--1OI- V—K.-mach-0 N5S CONSTRUCTION AND MAINTENANCE AGREEMENT 1 6 A 7 FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this To+ day of 1M ._t 4 ,2012 between CCC Traditions, LLC hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida,hereinafter referred to as 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: TRADITIONS, THE VILLAS AT GREY OAKS B. Chapters 4 and 10 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 covenant and agree as follows: 1. Developer will cause to be constructed: Earthwork, paving, drainage, potable water, irrigation and landscape improvement within 18 months from the date of approval 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$460,947.30 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. 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 County Manager or his designee for compliance with the Collier County Land Development Code. Page 1 of 3 1 6 A 7 5. The County Manager or his designee 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 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval 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 approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance 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 County Manager or his designee to reduce the dollar amount of the subdivision performance 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 County Manager or his designee. The County Manager or his designee 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. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee 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 or maintained, pursuant to public advertisement and receipt and 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 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 all of the provisions of this Agreement. Page 2 of 3 1 i6 A 7 9 All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and 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 day of_MAS020 12 . SIGNED IN THE PRESENCE OF: CCC Traditions,LLC . (CJGLr a Florida limited liability company KIM D. DAVIDSON ) w.rµ0 5SC:,5 • By: %..(L 6c A` -: ;therine G. Sproul,Managi ber ncek ATtEST w',z BOARD OF COUNTY COMMISSIONERS WIGHT E.MOCK`Clerk OF COLLIER COUNTY,FLORIDA By: pity ClerkCM tria atilt'rel Fred/Coyle, Chairman 11cature On, Approved as to form and legal sufficiency: Assistant County Attorney Approved Form—JAK—February 2006 Page 3 of 3 [PRINTER TABLE command: COURIER] ITEM NO.: 16 A7 DATE RECEIVED: r FILE NO.: pri s+ v ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: March 8, 2012 AR- PL2011 -1515 To: Office of the County Attorney, Attention: Steve Williams �• From: John R. Houldsworth, Senior Engineer Development Services, Engineering Review Re: Traditions The Golf Residences and Villas at Grey Oaks BACKGROUND OF REQUEST /PROBLEM: Please review attached Construction & Maintenance Agreement and Performauce Bond for legal sufficiency. (Are there documents or other information needed to review this matter ?) This item has not been previously submitted. (If previously submitted provide County Attorney's Office file no.) ACTION REQUESTED: Review, execute if found to be sufficient and advise me when available. OTHER COMMENTS: b K 0 At Ell 16 A7 JOINDER AND CONSENT OF MORTGAGEE (Regarding recordation of the plat of Traditions, The Villas at Grey Oaks) WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Mortgagee'), being the owner and the holder of that certain Construction Mortgage with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing executed by CCC Traditions, LLC, a Florida limited liability company, in favor of Mortgagee, dated December 8, 2011 and recorded on December 9, 2011 in Official Records Book 4744, Page 2488, Instrument #4635617 in the Official Records of Collier County, Florida, does hereby consent to and join in the execution of the plat of Traditions, The Villas at Grey Oaks. t� Dated this day of 1-- 16a 2012 Witnessed by: Name: STATE OF COUNTY OF ) WELLS FARGO BANK, NATIONAL ASSOCIATION By:_` Name-- . Title: V I HEREBY CERTIFY that on this 11 day of 1=.e & R 2012, before me, an officer duly authorized in the State and County aforesaid to take ac owledgements, personally appeared Qom, as A\jp of Wells Fargo Bank, National Association, and that such officer acknowledged executing this Joinder and Consent of Mortgagee and executing the same for the purposes therein expressed in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in such officer by such bank on behalf of such bank. Such person is personally known to me and did take an oath. `/ WITNESS my hand and official seal in the County and State afore this l day of 2012. Notary bli Print Name: qtr 1 My Commission Expires.---J Qtl • 3a� 2�0� [Notary Seal] Y /N' �O V IZ- MIAMI 939308 vl (2K) e�57aY �0 ��� 30Q� Thru - .Y PUbiC N11i NOTICE OF SUBDIVISION PLAT FILING DATE: PLAT BOOK # AND PAGE # P.B. PG. 16 A7 COUNTY OF COLLIER SECTION Z s� TOWNSHIP 40 RANGE ? 5 NAME OF SUBDIVISION i' j� , �'t4 ,�� `fir Tht f L NUMBER OF LOTS NAME OF OWNER OR CORPORATE NAME ADDRESS OF OWNER PHONE NUMBER IF AVAILABLE ARE ADDITIONAL PLAT FILINGS ANTICIPATED? YES NO ---' HAVE THE ROADS IN THE SUBDIVISION BEEN ACCEPTED BY THE COUNTY FOR MAINTENANCE? &l 'n> TYPE OF OFFERING: HOMESITE x MOBILE HOMESITE IMPROVED ACREAGE HOME AND LOT PACKAGE MOBILE HOME & LOT PACKAGE _ TOWNHOUSE CONDOMINIUM COMMERCIAL PUD UNIMPROVED ACREAGE NAME AND POSITION OF PERSON PROVIDING INFORMATION JOHN R. HOULDSWORTH, SENIOR ENGINEER THIS IS A SELF MAILER; FOLD ON THE LINES, STAPLE AND ATTACH POSTAGE -6 C. f-,