Resolution 1990-408 AUGUST 7, 1990
` RESOLUTION NO. 90 _ 403
- . RESOLUTION AUTHORIZING PRELIMINARY ACCEPTANCE OF THESE
, , D
r ,,. ROADWAY, DRAINAGE, WATER & SEWER IMPROVEMENTS IN
•• RIVERWOOD EAST, UNIT 4, PHASE II AND ACCEPTING THE
IRREVOCABLE LETTER OF CREDIT FROM THE DEVELOPER FOR MAINTENANCE OF THE ROADWAY, DRAINAGE, WATER & SEWER
IMPROVEMENTS FOR A MINIMUM OF ONE YEAR.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, on December 4, 1988, approved the plat of Riverwood East,
Unit 4, Phase II for construction; and
3 WHEREAS, the developer has constructed the roadway, drainage,
" water & sewer improvements in accordance with the approved plans
and specifications and as required by the Subdivision Regulations
(Collier County Ordinance No. 76-06, as amended) ; and the Utilities
Standards and Procedures Ordinance (Collier County Ordinance No.
04-� 88-76, as amended) , and
V: WHEREAS, the developer has now requested preliminary
acceptance of the roadway and other improvements and release of his
• construction security after an acceptable maintenance security is
provided; and
WHEREAS, the Compliance Services Section of the Development
Services Department has inspected the roadway and other
improvements and is recommending preliminary acceptance of said
g' facilities;
;R,., ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that preliminary
` ` acceptance be granted for these roadway and other improvements in
v,, Riverwood East, Unit 4, Phase II, upon submission and acceptance of
, Utilities conveyance documents by the Collier County Water-Sewer
District pursuant to Collier County Ordinance No. 88-7
amended. 6, as
y BE IT FURTHER RESOLVED AND ORDERED that the County accept the
f'. maintenance security in the form of an Irrevocable Letter of Credit
in the amount of $17,723.64 and that the developer is responsible
for the maintenance of the roadway and other improvements for a
minimum period of one year as required by the Subdivision
<,; Regulations (Ordinance No. 76-06, as amended) and the Utilities
°,,. Standards and Procedures Ordinance (Ordinance No. 88-76, as
} amended) , at which time the developer must
final acceptance. p petition the Board for
This Resolution adopted after motion, second and majority vote
favoring same.
: . DATED: August 7, 1990
,: '-ATTEST:
r ^-�
: BOARD OF COUNTY COMMISSIONERS
, JAMES C.• GILES, Cl rk COLLIER
40r _..01
41 .� = ,v .SSE, JR., CHAI ,
z :1' aa.• . . a.
4 YY!.Approved as_to form and legal
• sufficiency.
' VID WEIGEL /7' •% . -227-00 III
OQO PAGE 65
., Assistant Collier County Attorney
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vacs.
y.Y'. AUGUST 7, 1990
•
r, • 'MAINTENANCE AGREEMENT FOR PRELIMINARY ACCEPTANCE
OF SUBDIVISION IMPROVEMENTS •
i ..„.:: ,--,,, .
THIS AGREEMENT entered into this . , day of ,
19k, between R w 6,Aw(No n •.A ss o c.1 wt�s herein
referred to as "Developer", and the Board of County Commissioners
1; of Collier County, Florida, hereinafter referred to as "The Board".
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. .
BECITALS • ,
1. Developer has, simultaneously with the delivery of this
. [ ,''f_z
Agreement, applied for the approval by the Board for
' „ / recording of a certain plat of a subdivision to be known as
Riverwgod East Unit #4, Phase II
rs,' . 2. Article IX, Section 8 of the Collier County Subdivision
i .1';' Regulations allows the Developer to construct the improvements
a .,; required by said subdivision regulations prior to recording the
t ” final plat and WHEREAS the Developer has constructed these ••
improvements and the Development Services Director has inspected
` . .• and recommended for preliminary acceptance of these improvements.
Y.
NOW, THEREFORE, in consideration' of the foregoing premises and
*n°,' mutual covenants hereinafter set forth, Developer and the Board do
4"y
z ,,i hereby covenant and agree as follows:
1. The Board hereby approved for Preliminary Acceptance the
,t following improvements:constructed by the Developer: • •
a. Drainage Facilities
` .�• b. Roadway, Pavement and Signage Improvements
,,,.q., . 2. The Board will grant preliminary acceptance of water and
•
sewer improvements under separate documents by Collier County
Water-Sewer District. •
fk .
F: ® COO PAGE 66
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' = :. AUGUST 7, 1990
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.• 3. The Developer has tendered a LE?rs.a of c o ibit "A") in
>#.. 7 the amount of $•��'� t123.104 which represents 10% of the total 1
- contract cost for constructing the said improvements as surety for
.
`, the faithful maintenance of these improvements.
. .t.„.,;'` 4. A certificate of completion of the improvements by the
?.,. . . Developer's engineer along with the final project records have been
,v.:: furnished to and approved by the Development Services Director for
compliance with the Collier County Subdivision Regulations.l':',,. mp Y gu
5. The Developer agrees to maintain all required improvements
14,
''' ,,4*,. ._.: for a period beginning after acceptance of all required
•
G,, . improvements and ending upon completion of a satisfactory final
� 'v` inspection but not less than one year; after the maintenance period
by the Developer has terminated the Development Services Director
shall inspect all the required improvements and, if found to be '
,'.`; 1 still in compliance with Collier County Subdivision Regulations as
reflected by final acceptance by the Board, the Developers
`'
9 ' responsibility for maintenance of the required improvements shall
YY terminate and the Board shall release the 10% Surety, otherwise the ,
Developer's responsibility for maintenance shall continue until '
,' final, acceptance by the Board. .
6. All of the terms, covenants and conditions herein contained
~ ' are and shall be binding upon the respective successors and assigns
E of the Developer.
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. '? AUGUST 7, 1990
•
))[[{`y x;1 "•• • IN WITNESS WHEREOF, the Board and the Developer have caused •
,>t ', r • this Agreement to be executed by their duly authorized
, 4` representatives this 7 day of
y , 19Zb.
C
. y -4,.. Signed, sealed and delivered (Developer Name) :
�. ,, in the presence of: `
•
J BY: i w-„t .e� .7e1,.,,•.
RON D FLA AN
t.° I`t&C3 , OENER� PARTNER
• ., . (Z„-t ,,,-Q• C-4.4_ • Name, Title
} . _ .
' ATTEST: BOARD OF COUNTY COMMISSIONERS e
;'•;•:7iMES C:, GILES, Clerk COLLIER COUNTY, FLORIDA
-1:; ;1 Ely.,I: .•
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'. '` Approved a ;to form and
•',,,,,,•„:?,..: , legal ligtti'cien-, :
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AUGUST T, 1990
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namnxzeursnomerurnigrar-
AIM& asn*air, Mn: Ay. : . nbirres, FC'3
(hereinafter "Issue:")
' PLACE AND DATE OF ISSUE: 796 Fifth Ave. S., Naples, FL 33940
May 30, 1990
! l'
PLACE OF EXPIRY: At Issuer's Counters
DATE OF EXPIRY: This Credit shall be valid until May 30, 1991
and shall thereafter be automatically renewed for successive one-year
periods on the anniversary of its issue unless at least sixty (60)
4•,, to any such anniversary date, the Issuer
r Beneficiaryinwriting byregisteredmailthatthe notifies
Issuer elects not
to renew this Credit.
APPLICANT: Riverwood Associates 1736 Beverly Drive, Naples, FL 33962
= (hereinafter "Applicant")
BENEFICIARY: The Board of County Commissioners, Collier County,
Florida (hereinafter "Beneficiary") Collier County Courthouse Complex,
I `°`%? Naples, Florida 33962. Attn: Project Review Services
'`•: AMOUNT: $17,723.64 (U.S.) up to an aggregate thereof. •
G'�IT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and Beneficiary's
drafts at sight drawn on the Issuer.
DO( NTS 'REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
v DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Riverwood
Associates" has failed to meet or complete the requirements of the
construction and maintenance agreements for the project named Riverwood East
; Unit 14, Phase II, or a final inspection satisfactory to Collier County,
pursuant to Collier County Ordinance Nos. 88-76, or 76-6, as amended, 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
"•,y ` "Beneficiary".
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r
DRAMS) DRAWN UNDER IBIS LETTER OF CREDIT MUST BE MARLED: "Drawn under
Barnett Bank of Naples, Credit No. 510 dated May 30, 1990. The original
letter of credit and all amendments, if any, must be presented for proper
endorsement.
(� EICKt��T
®
000 PAGE 69
•
AUGUST 7, 1990
Y y
• ray.
,;; ''tter of Credit No. 510
• `')Nverwood Associates
-..,:.Page 2
. 542,ry 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 documents, instrument, or agreement referenced to herein
or in which this letter of credit relates, and any such reference shall not
rr' 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
,. g presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary
i ;. Credits (1983 Revision) International Chamber of Commerce Publication
No. 400.
H a l l= OTT
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<:Chri= her C. Houtchena
r#;, 4 Senior Vice President
r ' :Senior Loan Officer
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