Backup Documents 09/28/2010 Item #16A 7 it
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CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
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IMPROVEMENTS entered into this t. day of tto ` 2010, 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 a certain plat of a subdivision to be known as: Heritage Bay Vistas
Subdivision
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: site infrastructure consisting of paving
and potable water facilities within 16 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$264,358.60 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.
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16A7
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
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16A7
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 dama es, either direct or consequential, which the
Board may sustain on account of the failure of the eveloper to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and onditions herein contained are and shall be
binding upon the Developer and the respective suc ssors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and t - Developer have caused thi, Agreement to
be executed by their duly authorized representatives t " day of idbl, . , 2010.
1 D TH ' 'ESENCE OF: LE ` \\' HOMES, LLC
vi A
tt By:
Primp ame: s� Darin L. McMurray
Vice President
... 1 liike # hi ' i
P g ame: ier►n t' M Skypa -
ATTEST': BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: A tmf By:
Attoot $ is 91694
ty Cly'' Fred Coyle, Chairman --
619not o s '
Approved as to form
and legal sufficiency:
2-- -----' 7 `----)CL--,
Steve Williams
Assistant County Attorney
Approved Form—JAK—February 2006
Page 3 of 3
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FIDELITY GUARANTY AND ACCEPTANCE CORP.
700 NW 107 AVENUE -SUITE 240
MIAMI, FLORIDA 33172
PHONE (305)553 -8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC -10051
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER ")
DATE OF ISSUE: OCTOBER 18, 2010
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 OCTOBER 15, 2011, AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR A SUCCESSIVE ONE -YEAR PERIOD 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. BUT IN NO CASE IS THE EXPIRATION DATE TO EXCEED OCTOBER l5, 2012.
APPLICANT: LENNAR HOMES, LLC. (HEREINAFTER "APPLICANT ")
10481 BEN C PRATT SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA 33966
BENEFICIARY: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(HEREINAFTER "BENEFICIARY ")
C/O ENGINEERING REVIEW SERVICES
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $264,358.60 (TWO HUNDRED SIXTY FOUR THOUSAND
THREE HUNDRED FIFTY EIGHT AND 60/100 US DOLLARS)
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 ISSUER AND
PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY
THE COUNTY MANAGER, CERTIFYING THAT:
A. "(1) APPLICANT HAS FAILED TO CONSTRUCT AND /OR MAINTAIN THE PAVING, GRADING AND DRAINAGE
AND PORTABLE WATER CONSTRUCTION ASSOCIATED WITH THAT CERTAIN PLAT OF SUBDIVISION
KNOWN AS HERITAGE BAY VISTAS SUBDIVISION AS SHOWN ON THE ENGINEER'S COST OPINION OF
REQUIRED SUBDIVISION IMPROVEMENTS FOR HERITAGE BAY VISTAS TOWNHONIES SEPTEMBER 2010,
DATED SEPTEMBER 30, 2010; (1I) THAT LENNAR HOMES, LLC. HAS BEEN GIVEN WRITTEN NOTICE
DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED; AND (111) THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE
PERIOD PROVIDED FOR THEREIN, IF ANY;
OR
B. A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY 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.
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC- 10051, DATED OCTOBER 18, 2010." AND MUST BE
MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, FOR
PROPER ENDORSEMENT.
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FIDELITY GUARANTY AND ACCEPTANCE CORP.
700 NW 107 AVENUE -SUITE 240
MIAMI, FLORIDA 33172
PHONE (305) 553 -8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC -10051 PAGE 2
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
DOCUMENT, 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 TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN AT THE PLACE OF EXPIRY PRIOR TO THE
ISSUER'S CLOSE OF BUSINESS ON OR PRIOR TO THE DATE OF EXPIRY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
_. Q(�44 ( 44
JACQ IN DE OU , VICE PRESIDENT
A
houldsworth
From: Russell. R. Smith @Lennar.com
Sent: Thursday, October 21, 2010 12:19 PM
To: houldsworth 1
Cc: WilliamsSteven
Subject: RE: Heritage Bay Vistas LOC
We will provide the amendment changing the LOC to be automatically renewing with no
expiration date within 30 days (hopefully much sooner - I just sent the request in).
Thanks John,
Russ
Russell R Smith
VP Operations
Lennar
russell.r.smith(alennar.com
www.lennar.com
Office Phone: 239 - 278 -1199
Cell Phone: 239 - 872 -1210
Fax: 239 - 278 -1396
10481 Six Mile Cypress Pkwy
Fort Myers, FL 33966
This e-mail is intended only for the use of the person to whom it is addressed and contains
information which may be confidential or privileged. If you are not the person to whom this
e -mail is addressed, or an agent authorized by such person to receive this e-mail, you are
hereby notified that any examination, copying, distribution or other unauthorized use of this
e -mail is prohibited. If you received this e-mail in error, please notify me immediately at
the e-mail address referenced above.
houldsworth_j <lohnhouldsworth(@colliereov net> 10/21/2010 12:16 PM
To
"Russell.R.Smith(Lennar.com" <Russell.R.Smith(Lennar.com> cc WilliamsSteven
< StevenWilliamsi
Inks lEnjainkerinja
Professional Engineers, Planners & Land Surveyors
10511 Six Mile Cypress Parkway
Fort Myers, Florida 33966
(239) 939-5490
Fax(239)939-2523
Engineering License No. EB 646.9
Surveying License No. LB 6690
16A 7
AFFORDABLE HOUSING —
EXPEDITED REVIEW
PPL- PL2009 -1541 REV:2
HERITAGE BAY VISTAS SUBDIVISION
DATE: 8111/10
DUE: 8/20/10
Engineer's Cost Opinion of Required Subdivision Improvements
For
Heritage Bay Vistas Townhomes
April 2010
ITEM
NO. DESCRIPTION QUAN/UNIT UNIT PRICE TOTAL PRICE
A. PAVING, GRADING & DRAINAGE
1 3/4" Type S -III Asphalt (2nd lift)
2 6' Concrete Sidewalk
3 Signing & Striping
4 Street Lighting
5 Sod
B. POTABLE WATER CONSTRUCTION
1 4" Double Detector Check Valve
2 4" Fireline
3 4" PIV
4 4" Check Valves
5 Fire Department Connections
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#4 029
14,990 SY
$3.00
$44,970.00
1,640 LF
$14.40
$23,616.00
1 LS
$3,500.00
$3,500.00
1 LS
$3,600.00
$3,600.00
25,000 SY
$1.50
$37,500.00
SUBTOTAL
$113,186.00
6 EA
$15,000.00
$90.000.00
780 LF
$13.00
$10,140.00
12 EA
$950.00
$11,400.00
12 EA
$600.00
$7,200.00
12 EA
$700.00
$8,400.00
SUBTOTAL
$127,140.00
TOTAL
$240,326.00