Backup Documents 10/13/2009 Item #16A 2w(l%na, LaLe5 um fi I
16A2
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANC AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this _. [-Yrm day of 0 G, , , 2009
between Marbella Lakes Associates, LLC, a Delaware limited liabiiity company,
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:
Marbella Lakes Unit One plat.
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: within 12 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 $262,282.53 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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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 required 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.
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.
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IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this _ 13_ day of
OCf t_, 2009.
SIGNED IN TH P SENCE OF:
q
Printed name: gill
Assistant County Attorney
MARBELLA LAKES ASSOCIATES, LLC
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By: ; U
Y
Name: William M. Fenno
Title: Dir. Of Land Development
BOARD OF CO TY COMMISSIONERS
OF COLLIER
7PIN
TY, FLOYRUID �J
By: *�-�iC.
Chairman
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Printe 4 ,e n.
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DWI£I IY
QLERK
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Ind legal sufficiency:
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Assistant County Attorney
MARBELLA LAKES ASSOCIATES, LLC
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By: ; U
Y
Name: William M. Fenno
Title: Dir. Of Land Development
BOARD OF CO TY COMMISSIONERS
OF COLLIER
7PIN
TY, FLOYRUID �J
By: *�-�iC.
Chairman
Item No Line Bid Items
A_
1
2
3
4
5
6
7
8
9
10
11
B
1
2
C
1
2
3
4
5
6
7
8
10
11
Water Services
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Marbella Lakes Unit One Plat
QTY UT Haleakala Rate Haleakala Totals
Short Single Service
9
EA
$456.70
$4,110.30
Long Single Service
3
EA
$1,015.00
$3,045.00
Short Double Service
10
EA
$1,026.28
$10,262.80
Extend /Convert Service to Double
3
EA
$409.00
$1,227.00
Extend Existing Service
12
EA
$276.50
$3,318.00
Abandon Existing Fire Service
13
EA
$227.56
$2,958.28
Remove Fire Hydrant
2
EA
$318.90
$637.80
Remove Water Service
7
EA
$226.50
$1,585.50
Relocate Fire Hydrant
1
EA
$2,840.00
$2,840.00
Relocate Fire Service
1
EA
$2,840.00
$2,840.00
Testing /Bacteriologicals
1
LS
$1,500.00
$1,500.00
Sub -total
$34,324.68
Sewer Services
Relocate Single Service
2
EA
$590.80
$1,181.60
Relocate Double Service
35
EA
$699.28
$24,474.80
Sub -total $25,656.40
Drainane
15" RCP
880
LF
$23.43
$20,618.40
18" RCP
775
LF
$33.15
$25,691.25
24" RCP
120
LF
$47.98
$5,757.60
36" RCP
110
LF
$83.05
$9,135.50
12 "x18" ERCP
160
LF
$32.13
$5,140.80
4' Junction Box
36
EA
$2,163.00
$77,868.00
5' Junction Box
3
EA
$3,273.54
$9,820.62
Connect to Existing Structure
6
EA
$462.00
$2,772.00
Remove Existing RCP
1490
LF
$10.00
$14,900.00
Pavement Restoration
100
SY
$67.53
$6,753.00
Sub -total $178,457.17
Grand Total $238,438.25
Security Amount (110 %) _ $262,282.53
25 West Flagler Street, Miami, FL 33130
City National Bank I Tel: 305 - 577-7333 Fax 305 349 5482
crtynafionaLcom
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IRREVOCABLE STAND -BY LETTER OF CREDIT NO.11477
EVIDENCE OF AUTHORITY
Date: October 27, 2009
Gentlemen:
This document is to certify that Peggy A. Foulkes, VP and Davie E. Helmle, SVP, have
the necessary authority to execute the US$262,282.53 Irrevocable Letter of Credit
Number 11477 issued on behalf of The Board of County Commissioners, Collier
County, Florida, and for the account of Marbella Lakes Associates, LLC.
For City National Bank of Florida, cordially,
By: l
/j
Gladys C. Paz `
international Banking Officer
25 West Flagler Street, Miami, FL 33130
City National Bank I Tel: 305 - 577-7333 Fax: 305 349 548?
cirynational.ccm
Telephone: 305.577 -7212
Facsimile: 305.577 -7402
Irrevocable Standby Letter of Credit No. 11477 16A 2
October 27, 2009
BENEFICIARY:
The Board of County Commissioners
Collier County, Florida
c/o Engineering Review Services
2800 North Horseshoe Drive
Naples, Fl 34104
APPLICANT:
Marbella Lakes Associates, LLC
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, Florida 33323
Amount: US Dollars $262,282.53
Expiration Date: October 29, 2010 at our Counters.
We hereby open our Irrevocable Standby Letter of Credit No. 11477 in favor of The Board of
County Commissioners, Collier County, Florida, for the amount of Two Hundred Sixty Two
Thousand Two Hundred Eighty Two and 53/100 U.S. Dollars ($262,282.53) effective as of
this date, for the account of Marbella Lakes Associates, LLC.
Funds under this Letter of Credit are available against presentation of Beneficiary's sight draft
drawn on City National Bank of Florida, 25 West Flagler St., 4th. Floor, Miami, Fl 33130 and
accompanies of the following documents:
1. Beneficiary's Statement purportedly signed by the County Manager, certifying that:
"Marbella Lakes Associates, LLC has failed to construct and /or maintain the
- = improvements associated with that certain plat or a subdivision known as Marbella
Lakes Unit One Plat or 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 ".
2. The original of this Letter of Credit and all Amendments, if any, must be presented for
proper endorsement.
Draft(s) drawn under this Letter of Credit must be marked "Drawn under City National Bank
of Florida, Letter of Credit No. 11477 dated October 27, 2009 ".
Continue on page 2 of 2
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CITY NATIONAL BANK OF FLORIDA
Irrevocable Standby Letter of Credit No. 11477 (Page 2 of 2)
Partial drawings are permitted.
This Letter of Credit sets forth in full the terms of City National Bank of Florida 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.
City National Bank of Florida hereby engages with Beneficiary that draft(s) drawn under and
in compliance with the terms of this Credit will be duly honored by City National Bank of
Florida if presented at our office located in 25 West Flagler Street, 4`h. Floor, Miami, Fl.
33130, Attn. Letters of Credit Department, within the validity of this Credit.
This Credit shall be valid until (one year from issuance, 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, City National Bank of Florida (Issuer) notifies
the Beneficiary in writing by register mail or special courier that City National Bank of
Florida (Issuer) elect not to so renew this Credit.
This Letter of Credit is subject to the Uniform Customs and Practices for Documentary
Credits (2007 Revisions), International Chamber of Commerce No. 600.
For City National Bank of Florida,
Pe gy A. Foulkes, VP
International Division Manager
11477
David E. Helmle, SVP
Chief Credit Officer