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Backup Documents 05/22/2012 Item #16A 4 fr*rS' 2 Nap's. off-sitto(*4 ,,pcie Document Prepared By 0 yejw 6t!/b Michael J.Delate,P.E. SU/COWS— Q.Grady Minor&Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OFF-SITE ROAD IMPROVEMENTS (TOWER ROAD, PRICE STREET AND BAREFOOT WILLIAMS ROAD) THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this C 9 I day of (, Ay , 2006 between WCI Communities, Inc., hereinafter referred to as "Developer", and tl4e Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS 1. Developer has, prior to the delivery of this Agreement, received the approval by the Board of a certain plat of subdivision known as: "Artesia Naples (Off-site Road Improvements)" 2. Chapter 10.02.04 of the Collier County Land Development Code allows 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 water, sewer, storm sewer and road improvements within 18 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 $1,290,232.90 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. RECEIVED ` r 1 7 2006 1 6 A 4 Page 2 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 designees for compliance with the Collier County Land Development Code. 5. The County Manager or his designees 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 the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director 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 designees. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designees inspect the improvements. The County Manager or his designees or his designee shall inspect the improvements and, if found to be still in 1 compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for 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 designees 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 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 designees. The County Manager or his designees 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 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 but not limited to, engineering, legal and contingent costs, together with any damages, either direct 16A44 Page 3 upon completion of construction, the final 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 carry out all of the provisions of the Agreement. 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, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this ti 14day of ✓via , 2006. Signed, Sealed and Delivered in the presence of: X tyArmiti BY: WCI Communities,Inc. J. aJ (Printed or Typed N. •e) X � // �,, _/ BY: Its Vice President, &LSOP nn o� Dan Ciesielski (Printed or Typed Nan1e) Attest: Board of County Commissioners Dwight•E. Brock, Clerk of Collier CountFlorida b : l. . _ G BY: Deputy s erk Frank Halas, Chairman Approved as to form and legal sufficiency: a ARA Jeff Era W •:t Assist. q ' Collier County Attorney fres4 Aopin " off-5116 At# Jnr(D Document Prepared By ©v �kt1 y W lbovi Michael J.Delate,P.E. �/ �f Su OOWS— Q.Grady Minor&Associates,P.A. 3800 Via Del Rey Bonita Springs,FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS OFF-SITE ROAD IMPROVEMENTS (TOWER ROAD, PRICE STREET AND BAREFOOT WILLIAMS ROAD) THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this r ' day of MA , 2006 between WCI Communities, Inc., hereinafter referred to as "Developer", and t e Board of County Commissioners of Collier County,Florida,hereinafter referred to as "The Board". RECITALS 1. Developer has, prior to the delivery of this Agreement, received the approval by the Board of a certain plat of subdivision known as: "Artesia Naples (Off-site Road Improvements)" 2. Chapter 10.02.04 of the Collier County Land Development Code allows 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 water, sewer, storm sewer and road improvements within 18 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 $1,290,232.90 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. RECEIVED MAY 1 7 200 16A4 �' Page 2 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 designees for compliance with the Collier County Land Development Code. 5. The County Manager or his designees 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 the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director 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 designees. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designees inspect the improvements. The County Manager or his designees or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for 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 designees 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 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 designees. The County Manager or his designees 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 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 but not limited to, engineering, legal and contingent costs, together with any damages, either direct 1 6 A4 Page 3 upon completion of construction, the final 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 carry out all of the provisions of the Agreement. 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, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this ° `qday of iivt.41 , 2006. Signed, Sealed and Delivered in the presence of: 711740.1` '(y,V' BY: WCI Communities,Inc. J. Hi4, a) (Printed or Typed N. s e) 10 X / // rr►' —/ BY: Its Vice President, 8t,G.Solti *3On Dan Ciesielski (Printed or Typed Nan'le) Attest: Board of County Commissioners Dwight•E. Brock, Clerk of Collier County` .Florida _ BY: Deputy erk ` '�� Frank Halas, Chairman • Approved as to form and legal sufficiency: I Jeff El W ':t Assist. 4 Collier County Attorney