Agenda 11/12/2019 Item #16A 7 (Final Plat for Torino and Miramonte)11/12/2019
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Torino and Miramonte, Application Number AR-6320, and
authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On August 1, 2007, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Torino and Miramonte.
2) The roadway and drainage improvements will be maintained by Grey Oaks Property Owners
Association, Miramonte at Grey Oaks Neighborhood Association, and Torino at Grey Oaks
Neighborhood Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements and is
recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by Grey Oaks
Property Owners Association, Miramonte at Grey Oaks Neighborhood Association, and Torino at Grey
Oaks Neighborhood Association. The existing security in the amount of $205,537.10 w ill be released
upon Board approval. The original security in the amount of $2,260,908.10 has been reduced to the
current amount based on the previous work performed and completed and pursuant to the terms of the
Construction, Maintenance and Escrow Agreement dated March 25, 2005.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Torino and Miramonte, Application Number AR-6320, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.7
Packet Pg. 485
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 10304
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Torino and Miramonte, Application Number
AR-6320, and authorize the release of the maintenance security.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/25/2019 11:42 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/25/2019 11:42 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 09/25/2019 11:46 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/25/2019 5:16 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/26/2019 10:55 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/27/2019 1:40 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/30/2019 4:49 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/07/2019 11:10 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/07/2019 3:57 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/08/2019 10:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/08/2019 3:18 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:22 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/22/2019 1:55 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:32 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 3:57 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 9:06 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.7
Packet Pg. 486
TORINO AND MIRAMONTE
LOCATION MAP
16.A.7.a
Packet Pg. 487 Attachment: Location Map (10304 : Final Acceptance - Torino and Miramonte)
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDMSION IMPROVEMENTS
THIS AGREEMENT entered into this 25th day of March, 2005 by LDG SOUTH, LLC, a Florida limited
liability company (hereinafter "Developer") whose address is 5692 Strand Court, Naples, Florida 34110, THE
BOARD OF COUNTY COMMISSIOl\TERS OF COLLIER COUNTY, FLORIDA, (hereinafter "the Board")
whose address is 3301 Tamiami Trail, East, Naples, Florida 34112 and BANK OF AMERICA, N.A.
(hereinafter "Lender") whose address is 13099 U.S. 41, Suite 310, Ft. Myers, FL 33907, Attn: Mr. Michael C.
Myers.
RECITALS:
A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by
the Board of a certain plat ("Plat") of a subdivision to be known as Torino & Miramonte ("Subdivision").
B.The Subdivision will include certain improvements for water, sewer, roads, drainage,
landscaping, and like facilities which are required by Collier County ordinances ("Required Improvements"), as
set forth in a site construction cost estimate ("Estimate") prepared by James Ink P.E. ("Engineer''), a copy of
which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the Required
Improvements are limited to those improvements described in the Estimate.
C.Sections 10.02.05 (C) and 10.02.04 of the Collier County Land Development Code require the
Developer to provide appropriate guarantees for the construction and maintenance of the Required
Improvements.
D.Lender has entered into a loan agreement with Developer dated March 25, 2005 (the
"Construction Loan Agreement") to fund the cost of the Required Improvements under a loan made by Lender
to Developer in the original principal amount of $30,000,000.00 ("Construction Loan"), having loan number
538005.
E.Developer and the Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is $2,260,908.10, and this amount represents 110% of the Estimate of the
construction costs for the Required Improvements.
F.Developer and the Board have acknowledged that $205,537.10, which is equal to 10% of the
Estimate of the construction costs for the Required Improvements, shall be secured by the Letter of Credit
attached hereto as Exhibit "A."
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
1.Developer will cause the Required Improvements, to be constructed pursuant to the plans and
specifications ("Plans and Specifications") that have been approved by the County Manager for Collier County,
Florida or his designee ("County Manager") within 18 months from the date of approval of the Plat.
1
16.A.7.b
Packet Pg. 488 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
2. Developer hereby authorizes I-ender to hold back $2,260,908.10 from the Constnrction Loan, to
be considered as an iscroo, fund ('Imprcvoments Fund"), although not placed in a separate account. The
Improvements Fund is to be disbursed only pursuant to the tesns of this Agreement. Said amount rePrcsents
lO\Vo of the Engineet's Estimate of the construction costs for tbe Required Improvements. The parties hereto
agree that the monies held by knder pursuant to this paragaph shall not be required to be held in a separate
"icro* account, and may be retained by Lender as undisbursed funds under the Constuction Ioan unless and
until they are required to be disbursed in accordance with this Agreement. Nevertheless, lrnder acknowledges
and agrees that in the event Developer breaches this Agreement, Lender shall have the obligation to disburse the
previously undisbursed monies rcmaining in the Improvements Fund as required by Paragraph 5 below.
3. Lender agrees to rctain $2,260,908.10 as the Improvements Fund under the Construction [oan,
and to disburse said monies only ptusuant to this Agreement. Irnder agrEes with Developcr that the execution
of this Agreement shall not constitute a draw against the Constnrction Loan fund, and that only such funds as
are actually disbgrsed from the Improvements Fund, whether pursuant to this Agreement or a provision of the
Construction [,oan Agreement, shall accrue interest.
4. In the event that Developer shall fail to comply with the requircments of this Agreement, the
Board shall give written notice to I-endJr specifying the exact nature of such default, and Irnder shall have 60
days from receipt of such notice to cure such default. Irnder shall have the right, but not the obligation under
this paragraph, to cure any defaults hereunder by Developer.
5. Monies in the Improvements Fund shall be disbursed to the Developer only upon written
approval of the County Manager, who shall approve the release of the monies in the Improvements Fund not
more than once a monttr to the Developer, in-amounts due for work done todate based on the percentage of
completion of the Required Improvements multiplied by the cost of completing such Required Improvements as
set forth in the Estimate; and further, that upon completion of the Required Improvements, the County Manager
shall approve the release to Develop"r of aoy remainder of the Improvements Fund. Notwithstanding the
foregoin-g, however, Lender shall not be obligaied to release such excess funds to Developer excePt as provided
for in *ri Constnrction Loan Agreement. However, in the event that Developer shall fail to comply with the
requirements of this Agreement, and written notice of Developer's default has been gtven by the -Board
to
IrnOer pursuant to f*ugraph 4 of this Agreement and lrnder has not cured such default within the allotted 60
day curi period set forttr-iniaid Paragraph 4, then the Irnder agrees to pay to the Board, within 3 business days
after the County makes demand therefor as set forth below, the balance of the funds held in the Improvements
Fund by the Irnder, as of the date of the demand, provided that upon Payment of such balance to the Board' the
Board will have executed and delivered to the Lenaer in exchange for such funds a statement to be signed by
the County Manager to the effect that:
(a) Developer, for more than sixty (60) days after written notification of such failure, has failed to
comply with the requircments of this Agreement;
(b)The Board, or its authorized agent, will complete the Required Improvements with-due diligence
in accordance with the Plans
-ana Specincations or will complete such portion of the Required
Improvements as the Board, in its Jole discretion shall deem necessary in the public interest to
the extent of the funds then held in the Improvements Fund;
The monies in the Improvements Fund drawn down by the Board shall be used for constnrction
2
(c)
16.A.7.b
Packet Pg. 489 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
of the Required Improvements, engineering, ligal and contingent costs and expenses' and to
offset -y
-du*ugrs,
either direct or-conseqiential, which the Board may sustain on account of
the failure of thi Developer to constuct tUe nequireA Improvements in accordance with this
Agreement; and,
(d) The Board will promptly repay to the Irnder any portion of the funds drawn down and not
expended in completi6n bf tfir Required lnprovements and the Payment of other costs set forttr
in (c) above.
The demand by the County for the balance of monies in the Improvements Fund made pursuant to this
paragraph s strau ue in writing and shall be delivered to kndei by Federal Express or other nationally
recognized courier.
6. Written notice to the Lender by the County Manager specifying what amounts are to be paid O
the Developer shall constitute authorization Uy ttre Board io the Irnder for release of the specified amount from
the Improvtments Fund to the Developer. Payment by the knder to the Developer from the Improvements
Fund of the amounts specified in a lettJr of authorization by the County Manager to the l.ender shall constitute
a rclease of the Lender by the Board and Developer for tle funds diibursed in accordance with the letter of
authorization from the County Manager.
7, The Required Improvements shall not be considered complete untll a statement of substantial
completion by Developer's engirieer along with the final project records have been furnished to and approved by
the iounty M*"g"r as being in compliance with the Collier County Subdivision Regulations-
B. The County Manager shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify tie Oevetoper in writing of his preliminary -apProvat of -the Required
Improvements; or b) notify tire Developer in writing of his rpfusal to apProve the Required Improvements'
ttrerewith specifying those conditions wLich the Dev-eloper must fulfilt in order to obtain his approval of the
Required Lrp-urm"nts. However, in no event shall the County Manage-r refuse preliminary approval,of the
nequireO lmprovements if they are in fact constnrcted and submitted for approval in accordance with the
requirements of this Agreement.
g. Should the balance of monies in the Improvements Fund be insuffrcient to complete the Required
Improvements, the Board, after duly considering the public interest, Inay at its option complete the Required
lnprovements and resort to any and all legal remedies against the Developer.
10. Nothing in this Agreement shall make the knder liable for any funds other than those held in the
Improvements Fund 6y the DJveloper under the Construction loan in accordance with this Agreement;
pr&iarO, that the lrnder does not release any monies ftom the Improvements hrnd to the Developer or to any
other person except as stated in this Agreement.
11. Developer herewith tenders its suMivision maintenance security (arached hereto as Exhibit
,rA,, and by reference made a part hereoO in the amount of $205,537.10 (*Letter of Credit") which amount
represents l0zo of the Estimate or m cost io complete constnrction of the Rcquired Improvements at the date of
this Ageement.
3
16.A.7.b
Packet Pg. 490 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
t-
lZ. The Developer shall maintain all Required Improvements for a minimum period of one year after
preliminary approval by the County Manager. After the one-year maintenance period by the Developer has
ierminated, thJ Developer shall pJtition the County Manager to inspect the Required Improvements. The
County Manager or his desigr"" ihall inspect the Required Improvements and, if they are found to be still in
compl-iance *itt tt" Colliei County Land Development Code as reflected by final approval by County
Manager, the Board shall promptly release the Letter of Credit and deliver the original of the Lrtter of Credit to
6ndei. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or
until the Board accepts maintenance responsibility for and by the Board.
13. All of the terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer, the l,ender and the Board.
IN WITNESS WHEREOF, the Board, the Lrnder and the Developer have caused this Agreement to be
executed by their duly authorized representatives this 25th day of March, 2005.
LDG SOUTH, LLC
By: Landmark Development Group, LfC, a Florida
limited liabiliry
PrintName:As its
PrintName:ArthurA.
As its Manager
BANK OF AMERICA, N.A.
Print
C. Myers
PrintName:its Vice President
, ..B.?.tfc C"'
Attest:TIIE BOARD OF COI]NTY COMMISSIONERS OF
DWIGHT E.COLLIER COUNTY, FLORIDA
q.
rf,sC ny,W,ri
J,A.
Assistant CountY
MBG-607607.6
d Fred W. Coyle
As its Chairman
aa.
Approvot sufficiency:
4
16.A.7.b
Packet Pg. 491 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
Exhibit "A"
ISigned copy of the Inevocable Standby
I*tter of Credit No. 3074110 to be attachedl
5
16.A.7.b
Packet Pg. 492 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
EankofAmerica @
IRREVOCABLE BANK LETTER OF CREDIT
EVIDENCE AUTHORITY
DATED: I,IARCH 24, 2OOs
THrS DOCTMENT IS TO CERTTEY THAT BOLfVAR CARRILLO, ASST. VICEPRESIDENT, HAVE THE IIEcEssARY AUTIIORTTt To E:GCUTE THE
$205,537.10 IRREVoCABLE LETTER oF CREDIT NO. 3O7A11O IsstED ON
MARCH 24, 2OO5 ON BEHALF OF THE BOARD OF COT'NTII COMMISSIONERS,
COLLTER CoUNnr, FI.ORTDA AND FoR THE ACCOUNT OE LDc SOUTH, LLC
FOR BAI.IK OF AIvIERICj{, N.A.
BANK OF N.A.
WILL
vrcE-IDENT
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16.A.7.b
Packet Pg. 493 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER. COUNTY GOVERNMENT
COMMUNITYDEVEWPMENT AND ENVIRONMENTAL SERVICES DMSION
Engineering Services Department
2800 N. Horseshoe Dr. • Naples, Florida 34104 • 239-659-5744 • Fax 239-643-6968
www.co.collier.tl. us
August 30, 2005
Mr. Michael C. Myers Bank of America, N.A.
13099 U.S. 41, Suite 310 Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / LIG South LLC
Dear Mr. Myers:
Receipt of Estimate No. 1, dated August 25, 2005, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no objection to the a menk of the said cost estimate in the amount of 715,170.0�. According tp our recor�s. this will leave an a1 bi"e balance of �.340,201.0o.J plus $205,537.10 as the required
10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
Joh worth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0 e T C 0 U ., t .'Y
16.A.7.b
Packet Pg. 494 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
COMMUNTIYDEVELOPMENT AND ENVIRONMENfAL SERVICES DMSION
Engineering Services Department
2800 N. Horseshoe Dr. • Naples, Florida 34104 • 239-659-5744 • Fax 239-643-6968
www.co.collier.fl.us
November 1, 2005
Mr. Michael C. Myers Bank of America, N.A. 13099 U.S. 41. Suite 310Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / LDG South LLC
Dear Mr. Myers:
Receipt of Estimate No. 2, dated October 13, 2005, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no obj ection to the payment of the said cost estimate in the amount of $89,000.00.According to our records, this will leave an available balance of $1,251,201.00.00 plus $205,537.10 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
Jo�orth Senior Engineer 1
jrh
cc: Jim Ink, P.E.
C 0 C C 0 w ..
16.A.7.b
Packet Pg. 495 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department 2800 North Horseshoe Drive• Naples, Florida 34104
January 9, 2006
Mr. Michael C. Myers Bank of America, N.A. 13099 U.S. 41. Suite 310 Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramo nte" / LDG South LLC
Dear Mr. Myers:
Receipt of Estimate No. 3, dated December 13, 2005, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $336,616.00. According to our records, this will leave an available balance of $914,585.00 plus $205,537.10 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
\ ' \ Joh1'k--R�worth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0 I�" C 0 ..
Phone (239) 659-5744 Fax (239) 643-6968 or (239) 213-2913
.Y
www.colliergov.net
16.A.7.b
Packet Pg. 496 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
February 22. 2006
Ms . Becky Helwig Bank of America. N.A. 13099 U.S. 41, Suite 310 Fort Myers. FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / LDG South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 4. dated January 13. 2006. on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink. P.E.
Having reviewed this request and inspected the work performed. this office offers no objection to the payment of the said cost estimate in the amount of $93,095.00. According to our records, this will leave an available balance of $821,490.00 plus $205,537.10 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely.
JoJ�sworth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0
Phone(239)659-5744
.. C 0 U tt t ;y
Fax (239) 530-6201 www.colliergov.net
16.A.7.b
Packet Pg. 497 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
May 9, 2006
Ms. Becky Helwig Bank of America, N.A. 13099 U.S. 41, Suite 310 Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / ux; South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 5, dated April 13, 2006, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $221,168.00. According to our records, this will leave an available balance of $600,322.00 'plus $205,537.10 as the required 10% maintenance security.
Please call this office if you have any questions or need any additional information.
Sincerely,
Joh�orth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0
Phone(239)659-5744
y C
Fax(239)530-6201
0 U. H t Y
www.colliergov.net
16.A.7.b
Packet Pg. 498 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
June 6, 2006
Ms. Becky Helwig Bank of America, N.A. 13099 U.S. 41, Suite 310 Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / LD3 South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 6, dated April 13, 2006, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $179,777.00. According to our records, this will leave an available balance of $420,545.00 plus $205,537.10 as the required 10% maintenance security. Please be advised that change orders are considered out of pocket expenses and are not part of the escrowed funds.
Please call this office if you have any questions or need any additional information.
Sincerely,
\-\
J�dsworth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0 '� P. C 0 U H. t y
Phon e(239)659-5744 Fax (239) 530-6201 www.colliergov.net
16.A.7.b
Packet Pg. 499 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
---------------------------------·-
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
July 27, 2006
Ms. Becky Helwig Bank of America, N.A. 13099 U.S. 41, Suite 310 Fort Myers, FL. 33907
RE: Escrow Draw Request "Torino & Miramonte" / LDG South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 7, dated July 18, 2006, on the subject property is hereby acknowledged. This estimate has been confirmed by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this office offers no objection to the payment of the said cost estimate in the amount of $140,664.00. According to our records, this will leave an available balance of $279,881.00 plus $205,537.10 as the required 10% maintenance security. Please be advised that change orders are considered out of pocket expenses and are not part of the escrowed funds.
Please call this office if you have any questions or need any additional information.
Sincerely,
J Rrr"tH--Fl4:worth Senior Engineer
jrh
cc: Jim Ink, P.E.
C 0
Phone(239)659-5744
C 0 W M t. Y
Fax(239)530-6201 www.colliergov.net
16.A.7.b
Packet Pg. 500 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
J rITTtH-A-Rworth Senior Engineer
j rh
cc: Jim Ink, P.E.
C 0
Phone(239)659-5744
C 0 'U M. t y
Fax (239) 530-6201 www.colliergov.net
October 9, 2006
Ms. Becky Helwig
Bank of America, N.A.
13099 U.S. 41, Suite 310
Fort Myers, FL. 33907
RE: Escrow Draw Request
"Torino & Miramonte" / LDG South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 8, dated October 4, 2006, on the subject
property is hereby acknowledged. This estimate has been confirmed
by the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this
office offers no objection to the payment of the said cost
estimate in the amount of $247,441.90. According to our records,
this will leave an available balance of $32,439.10 plus $205,537.10 as
the required 10% maintenance security.
Please be advised that change orders are considered out of
pocket expenses and are not part of the escrowed funds.
Please call this office if you have any questions or need
any additional information.
Sincerely,
16.A.7.b
Packet Pg. 501 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Engineering Services Department
2800 North Horseshoe Drive • Naples, Florida 34104
J rITTtH-A-Rworth Senior Engineer
j rh
cc: Jim Ink, P.E.
C 0
Phone(239)659-5744
C 0 'U M. t y
Fax (239) 530-6201 www.colliergov.net
January 5, 2007
Ms. Becky Helwig
Bank of America, N.A.
13099 U.S. 41, Suite 310
Fort Myers, FL. 33907
RE: Escrow Draw Request
"Torino & Miramonte" / LDG South LLC
Dear Ms. Helwig:
Receipt of Estimate No. 9, dated December 4, 2006, on the subject
property is hereby acknowledged. This estimate has been confirmed by
the engineering firm of James Ink, P.E.
Having reviewed this request and inspected the work performed, this
office offers no objection to the release of the remainder of the
funds in the Escrow account. According to our records, the required
10% maintenance security has been posted separately through a letter
of credit. ($205,537.10)
Please be advised that change orders are considered out of pocket
expenses and are not part of the escrowed funds.
Please call this office if you have any questions or need any
additional information.
Sincerely,
16.A.7.b
Packet Pg. 502 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
16.A.7.b
Packet Pg. 503 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. K0850301 I
KNOW ALL PERSONS BY THESE PRESENTS: that
AGR TM, L.L.C.
a Delaware limited liablity company
c/o Angelo, Gordon, & Co., L.P.
2000 A venue Of The Stars, Suite I 020, Los Angeles, CA 90067
(hereinafter referred to as "Owner") and
Westchester Fire Insurance Company
500 Colonial Center Parkway, Suite 200, Roswell, GA 30076 (678) 795-4385
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Two Hundred Five Thousand Five Hundred Thirty Seven & I 0/100 Dollars
($205,537.10) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF TIIlS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Torino & Miramonte PPL AR-6320 and that certain subdivision shall include specific
improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development
Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until
the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well. truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modificatio1;1
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 25th day
ofFebruary, 2011
(Owner's witness and signature block)
(Surety's witness and signature block)
(notary and acknowledgment for both Owner and Surety required)
LDCA:6
16.A.7.b
Packet Pg. 504 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
WTNESSES:1re&TFl LL,C.IAGRLLCI
3ttt.,I
Name Printed Nanie/Title vi
(Provide Proper Evldence of Authority)
Printed Name
STATE OF TJIW \"TY
couivrvoF Nerd {oy'F
6{'{a
UOtrYA" MAFINIK
ACKNoWLEDGEMENT i,*rfiB:[i,uT8E,Br$,1lb't
Oualified in New York County
Gommissbn Erpireo November 16,2018
A(a 0<el L<$fie p1e,re1@. l"rc.
,rf
THE FORFGOING PERFORMANCE BOND WASACKNOWLEDGED BEFORE ME THIS DAY
OF BYSBflE€'r'Michecl Cha*1
PERSONALLYKNOVV}ITO 'IS
ME,OR HAS PRODUCED
Notary 1
(sEAL)
- SEte of ].le*, Yet'{'Uice ?w9i.lc
Printed Name
ACKNO\A/LEDGMENT
STATE OF Florida
COUNTY OF Hillsborough
THE FOREGOING PERFORMANCE BOND WAS AGKNOWLEDGED BEFORE ME THIS 25t1
DAY OF February, 20 1 1, BY Sharon Daugherty AS Notary Public and WHO lS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED_AS lDEl.lnFlCAnON.
Notary
(SEAL)
State of
Sharon Daugherty
WITNESSES:Westchester Fire lnsurance Company
Ay: i'rt,to {/d dL4,/rtLJ-/
Printed Name Carol H. Hermes
Attorney-ln-Fact
FL Licensed Resident Agent
Printed Name
*n3
Notary Pubiic State of Florda
Sharon 0aLSherty
tuiy Comnissr'.:n DD761668
E)lpues 02/26/201 2
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16.A.7.b
Packet Pg. 505 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
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Power of
Attorney
COMMONWEALTHOFPENNSYl.'VANIA •>" i�fi���--j;�S�1lf�1�1*
m TESTIMONY WI-IEREOF;l Ji��e hereuntgk:tmytii;� aridhlltd �1\}itRiiaf?'i at the City of Philadelphia tli�&a:Y:�d year ii�bibii<;,e�itte�'. -";/
-?/:'./·:\.:: ·•-=:: \�:(\ �--�/·:: _.:..:: ;; �/�(-:�. -.�:s1dit(£��·J
I, the undersigned Assislllilt Secrmry of the WESTCHESTER FIRE INSURANCE COMPANY, do tiifeby«rtify �i the originiil POWER OF A TTORliEV, of · whichthcforegoing1sa_subs�tia!ly,trueand�t�opy,;ts111·futrroreeMd'�ffccl. \ ·:: :. C .. :·; . . V ;_ ,• ". '. .
'"., ... ,,.,�t' f-� """"''";';° .;jl'.':j'}" ""'" """°"" '!}'t1;:��•':h/¥,. ,�,zd1 Iy�. ·> •0 ••0 . �*(i.·, .
THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES ■11-iAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.
, ....-'
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16.A.7.b
Packet Pg. 506 Attachment: Bond Basis (10304 : Final Acceptance - Torino and Miramonte)
16.A.7.c
Packet Pg. 507 Attachment: Resolution (10304 : Final Acceptance - Torino and Miramonte)
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Packet Pg. 508 Attachment: Resolution (10304 : Final Acceptance - Torino and Miramonte)
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Packet Pg. 509 Attachment: Plat Map (10304 : Final Acceptance - Torino and Miramonte)
16.A.7.d
Packet Pg. 510 Attachment: Plat Map (10304 : Final Acceptance - Torino and Miramonte)
16.A.7.d
Packet Pg. 511 Attachment: Plat Map (10304 : Final Acceptance - Torino and Miramonte)
16.A.7.d
Packet Pg. 512 Attachment: Plat Map (10304 : Final Acceptance - Torino and Miramonte)