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Resolution 2003-421 RESOLUTION NO. 03- 421 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN VENTURA, PHASE TWO, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on May II, 1999 approved the plat of Ventura, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and 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. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Ventura, Phase Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DA TE:I2:-Zr-p3 A TT,eST: DWIGHT E.BROCK, CLERK '~':.~~~,k Attest !f.1 to ctla,naan's 11gnat~! only. .' ~&o~,g" Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER !TY, FL RlDA By: ~~ TOM HENNING, 16A6 16A7 .. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ day of '::r ~ "'-L , 2004, by STOCK DEVELOPMENT, LLC, a Florida limited liability company (hereinafter "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "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 Chase Preserve First Replat. B. Division 3.2 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, THERFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: the water, sewer, roads, drainage and like facilities, within eighteen (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 hereof) in the amount of $30,50 1.52 which amount represents 10% of the total contract cost to complete 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 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 Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director 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 approval of the Development Services Director of the Required Improvements. However, in no event shall the Development 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. 16 A 7 'f 6. The Developer shall maintain all Required Improvements for one (I) year after preliminary approval by the Development Services Director. After the one (I) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the Required Improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by the final approval of the Board, the Board shall release the remaining 10% of the subdivision perfonnance 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 Development Services Director to reduce the dollar amount of the subdivision perfonnance 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 Development Services Director. The Development Services Director 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. 7. 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 perfonnance 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 tpublic advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perfonnance 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 al of the provisions of this Agreement. 8. All of the tenns, covenants, and conditions herein contained are and shall be binding uon the Developer and the respective sucessors and assigns of the Developer. IN WITNESS WHEREOF, DeVelOPj y>i...the Boa~ve caused this Agreement to be executed by their duly authorized representatives this day of <.. f1~ , 2004 STOCK DEVELOPMENT, a Florida limite By: ATTEST: DWIGHT E. BROCK, CLERK 16.47'1 ii:~;ij"~ ~ b. By: " . ~J '~"'''' ~ ) a. , e~..o).,.. rk. ,A>,~. "'. . ..1:.'1 """.J;" ~~.', '. ~/~ '. ':~"'- '.'",,:, r.~itc-'if~:,,'t~''''' . ....l. I sJ' . ~\'~~,;:..., ..~' ~ ~~n I .~ ~}=...~' :::'. ,'. . ,f-C"0~"" . ~.:.:. '9. ~.~ ...;,;~... ..' t;~ .: Apprm';.a,J.~~ .t,cl.f~J.frand legal sufficiency: < l.. .'fl> '.i.......\ n' '.,~,t. .>1'" . "-:,,,~\,,,,, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By; DONN/./lE?::t:ft~ , -~-'1_1?l. {L~ '~ JENN A. BELPEDIO t Assistant County Attorney ltem# I~ ~~;:da Ld- d-03 ~:~d YrLf -Oc..t 16 A 7 ...~ '------~.--.------.,.........---...--...-~__....,v."'" ----.,.....-..--.....-.........- ..AM5ourH" BANK THE RELA no N SHlP PEOPLE' 2941 STOCK CONSTRUCTION LLC 5692 Strand Ct. Naples, Florida 34110 Pay: ********************Thirty thousand five hundred one dollars and 52 cents 63-466/631 - PAY TO THE ORDER OF May 19~ATE2 004 Collier Co Board of Commission CH2~,f~' $ * * * * * 3 ~o5'7h . 52 '...., 1-:;.....~_.. --,,,,,/ ~ -:;... --". ,/ t ..... . IC I.~ .r;:-~;f$t; . ~ AUTHORIZEDSIGNAnJRE II' 0 0 2 g L. ~ II' I: 0 b 3 ~ 0 L. b b 81: 00 3 L. 0 ~ 5 '? 5 211' ~---,-~.-...._-----........." -....-..-------.....,-...-..-..........------............_-........._-_.._,..~.-----,...." .~-,~..... EXHIBIT fA 16A7 Performance Security Total Conlra<-'t Amount == $ ] J 1,381.24 Total Constructed to Date = $ 92,017.84 Total Contract Remaining = $ 19,363.40 For the pertonnance security, Collier County requires r 00'% of the remaining construction costs plus 10% of the total contract for the one year maintenance period. The pertormance security amount is: 100% of the Remaining Contract == $ 19,363.40 10% of the Total Contract == $ I 1,138.] 2 Total Performance Security Amount = $' 30,501.52 u~ \ b 'T A