Backup Documents 07/24/2012 Item #16A15[PRINTER TABLE command: COURIER + HE 16A15
ITEM NO. p.i'' A , ORNEY
DATE RECEIVED:
212 JUG 33 PM
FILE NO.:
ROUTED TO`:
DO NOT WRITE ABOVE THIS LINE (orig. 989)
REQUEST FOR LEGAL SERVICES
Date: April 3, 2012 July 31, 2012 AR- PPLA20120000116
To: Office of the County Attorney, Attention: Emily Pepin
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Review
Re: Copper Cove Preserve Unit 3 Y
BACKGROUND OF REQUEST/PROBLEM:
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Please review attached $relies final plat for legal sufficiency. "
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(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 & advise..
OTHER COMMENT:
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[PRINTER TABLE command: COURIER] 16 '
ITEM NO.: ,
DATE RECEIVED:
FILE NO.:
ROUTED TO: J `/
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)
REQUEST FOR LEGAL SERVICES
Date: August 14, 2012 AR- PPLA20120000116
To: Office of the County Attorney, Attention: Emily Pepin
From: John R. Houldsworth, Senior Engineer
Development Services, Engineering Re iew
Re: Copper Cove Preserve Unit 3
BACKGROUND OF REQUEST/PROBLEM:
Please review attached Construction & Maintenance Agreement and Letter of Credit 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 Agreement if found to be sufficient.
OTHER COMMENT: � �--
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16A15
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
30 th day of July / / 2012 between Lennar Homes. 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 certain plat of a subdivision to be known as: copper core Preserve Und 3
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: *r14E '1LeA2(1i&4 ,yam a+d! >AM j tv%ov 1, ALTip
within 12 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 hereof) in the amount of $ 823.040.35 - which amount represents 10% of the
total contract cost to complete the construction plus 100% of the estimated cost 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 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 such 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.
S. 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,
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 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.
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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 "hall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failur , the County Manager or his designee may call upon the subdivision
performance security to s cure satisfactory completion, repair and maintenance of the required
improvements. The Board hall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to blic advertisement and receipt of acceptance of bids, the improvements
required herein: The eve per, as principal under the subdivision performance security, shall be liable to
pay and to indemnify th oard, upon completion of such construction, the final total cost to the Board
thereof, including, but no mited to, engineering, legal and contingent costs, together with any damages,
either direct or conseque al, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions o this Agreement.
9. All of the terms, covenants d conditions herein contained are and shall be binding upon the Developer
and the respective successor nd assigns of the Developer.
i
IN WITNESS WHEREOF, the Board and a Developer have caused this Agreement to be executed by their duly
authorized representatives this 30 day of �v( / 20_ ?
SIGNED IN THE PRESENCE OF: (Nam o ntity)
gy: �v
Printed Name Oar *kr,, L- h C, Mi4rraLA 1-1. +-
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
'W"'.n nn
ATTEST. ..+
DWIGHT E. BROCK, CLERK ' ;.. BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
BY: �` a „ By:
Deputy CIS �� �� : • Chairman _
Approved as t>y fttirm .and 1 suffic icy:
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Assistant County! t- ttorney
FADE! ITY GUARANTY AND ACCEPTANCE CORP.
700 N'vV 107 AVENUE - SUITE 240
MIAMI, FLORIDA 331 72 x�
PHONE (305)553 -8724 5��'�_
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC -12067
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER ")
DATE OF ISSUE: AUGUST 9, 2012
PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT
700 NW 107 AVE, SUITE 240
MIAMI, FLORIDA 33172
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL AUGUST 9, 2013 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, OVERNIGHT MAIL OR COURIER THAT
THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT.
APPLICANT: LENNAR HOMES, LLC. (HEREINAFTER "DEVELOPER ")
10481 SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA 33966
BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(HEREINAFTER "BENEFICIARY ")
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT: AN AGGREGATE AMOUNT OF $823,040.35 (EIGHT HUNDRED TWENTY THREE THOUSAND
FORTY AND 351100 US DOLLARS)
RE: COPPER COVE PRESERVE UNIT #3
CREDIT AVAILABLE WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT
SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER, CERTIFYING THAT:
A. (I) "DEVELOPER HAS FAILED TO COMPLETE THE SUBDIVISION IMPROVEMENTS FOR COPPER COVE
PRESERVE UNIT #3 ACCORDING TO THE COPPER COVE PRESERVE - UNIT 3 ENGINEER'S OPINION OF
PROBABLE COST FOR PLAT BONDING DATED JULY 6, 2012 PREPARED BY Q. GRADY MINOR &
ASSOCIATES, P.A. (THE "ESTIMATE ") AND AS REQUIRED BY COLLIER COUNTY ORDINANCES AND
RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS "); (II) DEVELOPER HAS BEEN GIVEN
WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT IN REASONABLE
DETAIL BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; AND (III) THE DEFAULT HAS NOT BEEN
CURED WITHIN THE CURE PERIOD PROVIDED FOR THEREIN, IF ANY;"
OR
B. "A FINAL INSPECTION OF THE SUBDIVISION [ IMPROVEMENTS FOR COPPER COVE PRESERVE UNIT #3
AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS ") SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN
PROVIDED TO AND ACCEPTED BY THE BENEFICIARY."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC- 12067, DATED AUGUST 9, 2012" AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL SUBSEQUENT ORIGINAL
AMENDMENTS, IF ANY, FOR PROPER ENDORSEMENT.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
700 N'i'kl 107 AVENUE - SUITE 240
h11AM11, FLORIDA 33172 16AI
PHONE (305)553 -8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC -12067 PAGE 2
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S LN -DERTAKING, AND SUCH
UNDERTAKING SHALL NOT IN AN-Y WAY BE MODIFIED, A-VIENDED, OR AMPLIFIED BY REFERENCE TO
ANY DOCUMENT, IINI STRUNIENT, 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 AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF
PRESENTED WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED
HEREIN AT THE PLACE OF EXPIRY PRIOR TO 4:00 P.M. EST. ON OR PRIOR TO THE DATE OF EXPIRY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS ACID PRACTICE FOR DOCUMENTARY CREDITS
(2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
JAC U L DE SOI9ZA, VICE PRESIDF4NT
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Q- GRADY MINOR & ASSOCIATES, P.A.
C' VEY SC $ ARCHITECTS
COPPER COVE PRESERVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
July 6, 2012
SCHEDULE DESCRIPTION Phase 1
A Earthwork $17,180.0
B Paving
5332,708.5
C Wastewater Collection 5195,690.0
D Potable Water Distribution $124,895.0(
E Storm Drains 577,745.0(
F Lands and Irrigation $O.00
TOTAL $748,218.50
110% of TOTAL $823,040.35
Estimated Completion Date = March 31, 2013
No,* r
STATE op
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Mill,
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COPPER COVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "A"
EARTHWORK & SITE PREP
Clearing, grubbing and preparation of the construction site and bringing the site, including roadway rights -of -way, easements,
building sites and open areas to the lines and grades shown on the drawings or as designated by the Engineer in the field
including chipping and grinding of all materials on the Owner's property and then disposal of all residue off the Owner's
Property, all as specified, per acre complete. All work in right -of -way is subject to inspection by the owner, County DOT
and/or MOT contingent on final acceptance of improvements as shown and specified on the contract documents. The
construction area shall be enclosed with FDEP approved siltation fencing prior to commencement of work. The unit price of
the erosion control fence shall include maintenance of the fence for the duration of construction.
�i cm MC GRIMUN UNIT UNIT PRICE Q TY TOTAL PRICE
A -1 Clearing and Grubbs - Light AC $700.00 15 $10,500.00
A -2 Erosion Control Pence - Install & Maintain LF $1.00 6,680 $6,690.00
TOTAL [.,e ,OA A,
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COPPER COVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "B"
PAVING
Roadway construction complete per the plans and County specifications including stabilized subgrado, stabilized shoulder,
limerock base, tack coat, asphaltic concrete, required testing by an independent laboratory, roadside fill and grading for full
width of right -of -way and easements, finish grading, seeding and mulch.
G WC-Una 3 PIN eaa 2012.07a0 3 of 7
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COPPER COVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "C"
WASTEWATER COLLECTION
Includes Mmishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all
excavation (including rock and over - excavation if necessary), dcwatering. bedding material (if necessary), pipeline
installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing,
flushing. clean -up including resodding areas previously sodded, seeding all areas disturbed by construction, providing
complete as -built drawings and other items necessary to complete the system and provide the Owner, FDEP and Collier
County with a complete working wastewater collection system as shown on the drawings and specified in these contract
documents.
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COPPER COVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "D"
POTABLE WATER DISTRIBUTION
Includes furnishing and handling of all required materials, joint restraint, thrust blocks, connections to other pipelines, all
excavation (including rock and over - excavation if necessary), dewatering, bedding material (if necessary), pipeline
installation, back filling (imported fill if necessary), compaction, compaction testing in roadway areas, pressure testing.
disinfecting pipelines, flushing, clean -up including resodding areas previously sodded, seeding all areas disturbed by
construction, providing complete as -built drawings and other items necessary to complete the system and provide the Owner,
FDEP, Health Department and Collier County with a complete working water distribution system as shown on the drawings
and specified in these contract documents.
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COPPER COVE - UN IT 3 16A15
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "E"
STORM DRAINAGE
Includes furnishing and handling of all required materials, dewatering, bedding material (if necessary), rock removal and
disposal off-site (if necessary), installation, backfilling, compaction, compaction testing in road -way areas, final grading,
coordinating with other contractors and utility companies, flushing, clean -up, seeding, sodding of all areas disturbed by
construction, repair of any damage caused by construction and other items necessary to complete the system and provide the
Owner, County DOT and/or MOT with a complete working drainage system as shown on the drawings and specified on these
contract documents. Pipe measurement is to the center of the structures.
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COPPER COVE - UNIT 3
ENGINEER'S OPINION OF PROBABLE COST FOR PLAT BONDING
SCHEDULE "F"
LANDSCAPE AND JMGATION
Provide landscaping and irrigation according to Code Minimum Requirements
C '"0J -EN WPC_Un13 MW Bond 2012 -07-00 7 Ot 7