Backup Documents 03/24/2015 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
ACCMPANY ALL ORIGINAL DCUMENTS SENT TO
THE BOAORD OF COUNTY COMMIS ON RS OFFICE FOR S GNATURE1 6 A 4
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office Prt
S"J�1( e�t�
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was March 24,2015 Agenda Item Number 16-A4
Approved by the BCC
Type of Document Plat -Parklands—Plat One Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 24,2015 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the /
BCC,all changes directed by the BCC have been made,and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A4
MEMORANDUM
Date: May 5, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat - Parklands
Attached for your records is a copy of the Resolution referenced above,
(Item #16A4) adopted by the Board of County Commissioners March 24, 2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 6 A4
This Instrument prepared by and after recording return to:
(enclose self-addressed stamped envelope)
Parklands Associates I.LLLP
1600 Sawgrass Corporate Parkway,Suite 400
Sunrise,Florida 33323 r"
Attn: Clayton M. Ratliff,Esq.
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
MORTGAGEE JOINDER AND CONSENT TO PLAT
BANK OF AMERICA, N.A., as Agent ("Mortgagee"), by virtue of that certain
Assignment of Mortgage and other Loan Documents recorded November 5, 2014 in Official
Records Book 5092, at Page 358 of the Public Records of Collier County, Florida (the
"Assignment"), being the owner and holder of the following loan documents given in connection
with the loan evidenced by such loan documents, all as amended and/or modified from time to
time (collectively, the "Loan Documents"): (i) Real Estate Mortgage, Assignment and Security
Agreement given by Parklands Associates I, LLLP, a Florida limited liability limited partnership
("Borrower") in favor of Florida Residential Funding, LLC, dated October 31, 2014 and
recorded November 5, 2014 in Official Records Book 5092, at Page 338, as modified by that
certain Mortgage Modification Agreement and Notice of Future Advance, dated January 8, 2015,
and recorded January 12, 2015 in Official Records Book 5111, at Page 1914, both of the Public
Records of Collier County, Florida; and (ii) any other collateral loan documents securing the
indebtedness referred to in the Loan Documents; which Loan Documents encumber the real
property described in Exhibit "A" attached hereto and made a part hereof(the "Property"), does
hereby consent to the platting (the "Plat") of said Property, which Plat has been identified as the
plat of PARKLANDS—PLAT ONE and prepared by Rhodes & Rhodes Land Surveying, Inc.
By execution hereof, the Mortgagee does hereby join in and consent to the dedication of
the Property by the owner under the Plat of PARKLANDS — PLAT ONE, as recorded in Plat
Book , Page of the Public Records of Collier County, Florida, and agrees that its
mortgage shall be subordinated to the dedication shown thereon. This joinder shall be binding
upon Mortgagee, its successors and assigns.
[Signatures and acknowledgment appear on the following page]
4/41-
1
' A 4
In Witness Whereof, Mortgagee has caused this instrument to be executed as of the �(.)
day of April, 2015.
Signed, sealed and delivered in BANK:
the presence of:
BANK OF AMERICA, N.A., a national
banking association, as Agent
',/ -4 (. )..e.. -y)._e_2_ Bile_
Prin Name: /t/ /�/ t'n H Name: William Cam•ano
Title: Senior Vice Presiders•
Print Name: i i(,L zi f pL [C• 'i'ORATE SEAL]
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by William Campano, as Senior Vice President of BANK OF
AMERICA, N.A., a national banking association, as Agent, freely and voluntarily under
authority duly vested in him by said bank. Hersonally known to me or produced
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this f()—T
day of April, 2015.
Notary Publ c, Sta of Florida
NCr ..spi n O -1
My Commission Expires: Typed, Printed or Stamped Name of Notary Public
40+ NERY ESPINOSA
p A Notary Public,State of Florida
;;.;; Commission%EE 224636
My Comm.expires Oct.2,2016
"A" 16A 4«
EXHIBIT A
Legal Description of the Property
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF
COLLIER, LYING IN SECTIONS 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING A
PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 4551
AT PAGE 1565 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY AND
FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, AS DEPICTED IN CERTIFIED CORNER RECORD NUMBER 84569;
THENCE N00°4027"W ALONG THE EAST LINE OF SAID SECTION 9 FOR 30.00 FEET
TO THE POINT OF BEGINNING; THENCE S89°53'05"W PARALLEL WITH AND 30.00
FEET NORTHERLY FROM (AS MEASURED ON A PERPENDICULAR) THE SOUTH
LINE OF SAID SECTION 9 FOR 2646.10 FEET TO AN INTERSECTION WITH THE WEST
LINE OF THE SOUTHEAST ONE QUARTER (SE 1/4) OF SAID SECTION 9; THENCE
CONTINUE S89°53'05"W FOR 2565.07 FEET TO AN INTERSECTION WITH THE
EASTERLY RIGHT-OF-WAY LINE OF LOGAN BOULEVARD NORTH (80.00 FEET
WIDE); SAID ROAD RIGHT-OF-WAY BEING DESCRIBED IN OFFICIAL RECORD
BOOK 4856 AT PAGE 2763 PUBLIC RECORDS OF SAID COLLIER COUNTY, SAID
POINT LYING ON A NON-TANGENT CURVE TO THE LEFT CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 660.00 FEET SAID CURVE BEING SUBTENDED
BY A CHORD THAT BEARS S01°06'49"W AT A DISTANCE OF 30.01 FEET; THENCE
CONTINUE ALONG SAID CURVE AND SAID RIGHT-OF-WAY THROUGH A CENTRAL
ANGLE OF 2°36'19" FOR 30.01 FEET TO AN INTERSECTION WITH THE SOUTH LINE
OF SAID SECTION 9; THENCE S89°53'05"W ALONG SAID SECTION LINE FOR 80.00
FEET TO THE SOUTHWEST CORNER OF SAID SECTION 9, AS DEPICTED IN
CERTIFIED CORNER RECORD NUMBER 39967; THENCE N00°31'20"W DEPARTING
SAID SECTION CORNER ALONG THE WEST LINE OF SAID SECTION 9 FOR 5320.80
FEET TO THE NORTHWEST CORNER OF SAID SECTION 9, AS DEPICTED IN
CERTIFIED CORNER RECORD NUMBER 96744; THENCE N89°49'21"E ALONG THE
NORTH LINE OF SAID SECTION TO AN INTERSECTION WITH THE EAST LINE OF
THE NORTHWEST ONE QUARTER (NW 1/4) FOR 2621.84 FEET; THENCE CONTINUE
N89°49'21"E ALONG THE NORTH LINE OF SAID SECTION FOR 2511.07 FEET TO AN
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID LOGAN
BOULEVARD NORTH (80.00 FEET WIDE); THENCE CONTINUE N89°49'21"E ALONG
SAID SECTION LINE FOR 83.03 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF
SAID LOGAN BOULEVARD NORTH (80.00 FEET WIDE); THENCE CONTINUE
N89°49'21"E FOR 62.01 FEET TO THE NORTHEAST CORNER OF SAID SECTION 9 AS
DEPICTED IN CERTIFIED CORNER RECORD NUMBER 84567, THENCE S00°40'27"E
DEPARTING SAID SECTION CORNER ALONG THE EAST LINE OF SAID SECTION
FOR 2663.33 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST ONE QUARTER (NE 1/4) OF SAID SECTION 9; THENCE CONTINUE
S00°40'27"E ALONG THE EAST LINE OF SAID SECTION FOR 2633.33 FEET TO THE
POINT OF BEGINNING.
LESS AND EXCEPT:
ALL OF THAT PART OF LOGAN BOULEVARD NORTH (80.00 FEET WIDE) LYING
OVER AND ACROSS SAID SECTION 9, AS RECORDED IN OFFICIAL RECORD BOOK
I A4
4856 AT PAGE 2763, PUBLIC RECORDS OF SAID COLLIER COUNTY, AND FURTHER
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE
N89°53'05"E FOR 80.00 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF LOGAN
BOULEVARD NORTH (80.00 FEET WIDE), SAID POINT LYING ON A NON-TANGENT
CURVE TO THE RIGHT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF
660.00 FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT BEARS
N44°50'17"E AT A DISTANCE OF 933.82 FEET; THENCE CONTINUE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 90°03'15" FOR 1037.35 FEET; THENCE
N89°51'55"E FOR 1167.21 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
LEFT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 740.00 FEET SAID
CURVE BEING SUBTENDED BY A CHORD THAT BEARS N44°43'47"E AT A DISTANCE
OF 1048.99 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 90°1617" FOR 1165.89 FEET; THENCE N00°24'22"W FOR 2515.82 FEET TO
THE BEGINNING OF A TANGENT CURVE TO THE RIGHT CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 660.00 FEET SAID CURVE BEING SUBTENDED
BY A CHORD THAT BEARS N44°42'38"E AT A DISTANCE OF 935.28 FEET; THENCE
CONTINUE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'00" FOR
1039.41 FEET; THENCE N89°49'38"E FOR 376.63 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 2140.00 FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT
BEARS N80°42'42"E AT A DISTANCE OF 678.06 FEET; THENCE CONTINUE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 18°13'52" FOR 680.93 FEET; THENCE
N71°35'46"E FOR 373.73 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
LEFT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 740.00 FEET SAID
CURVE BEING SUBTENDED BY A CHORD THAT BEARS N43°01'33"E AT A DISTANCE
OF 707.79 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 57°08'26" FOR 738.00 FEET TO AN INTERSECTION WITH THE NORTH LINE
OF SECTION 9; THENCE S89°49'21"W ALONG THE NORTH LINE OF SAID SECTION 9
FOR 83.03 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE
OF SAID LOGAN BOULEVARD NORTH (80.00 FEET WIDE), SAID POINT LYING ON A
NON-TANGENT CURVE TO THE RIGHT CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 660.00 FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT
BEARS S43°56'11"W AT A DISTANCE OF 612.77 FEET; THENCE CONTINUE ALONG
SAID CURVE TFIROUGH A CENTRAL ANGLE OF 55°19'10" FOR 637.23 FEET; THENCE
S71°35'46"W FOR 373.73 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE
RIGHT CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 2060.00 FEET SAID
CURVE BEING SUBTENDED BY A CHORD THAT BEARS S80°42'42"W AT A
DISTANCE OF 652.71 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18°13'52" FOR 655.47 FEET; THENCE S89°49'38"W FOR 376.63
FEET; TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 740.00 FEET SAID CURVE BEING SUBTENDED
BY A CHORD THAT BEARS S44°42'38"W AT A DISTANCE OF 1048.65 FEET; THENCE
CONTINUE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14'00" FOR
1165.40 FEET; THENCE S00°24'22"E FOR 2515.82 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE RIGHT CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 660.00 FEET SAID CURVE BEING SUBTENDED BY A CHORD THAT
BEARS S44°43'47"W AT A DISTANCE OF 935.59 FEET; THENCE CONTINUE ALONG
SAID CURVE TIIROUGH A CENTRAL ANGLE OF 90°16'17" FOR 1039.85 FEET;
16A4
THENCE S89°51'55"W FOR 1167.21 FEET TO THE BEGINNING OF A TANGENT CURVE
TO THE LEFT CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 740.00 FEET
SAID CURVE BEING SUBTENDED BY A CHORD THAT BEARS S44°50'32"W AT A
DISTANCE OF 1046.94 FEET; THENCE CONTINUE ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 90°02'46" FOR 1162.99 FEET TO THE POINT OF BEGINNING.
OVERALL PARCEL CONTAINS 642.30 ACRES (27,978,831 SQUARE FEET) MORE OR
LESS.
LESS & EXCEPT PARCEL CONTAINS 16.70 ACRES (727,574 SQUARE FEET) MORE OR
LESS.
SUBJECT PARCEL LYING EAST OF LOGAN BOULEVARD NORTH CONTAINS 317.80
ACRES (13,843,271 SQUARE FEET) MORE OR LESS.
SUBJECT PARCEL LYING WEST OF LOGAN BOULEVARD NORTH CONTAINS 307.80
ACRES (13,407,986 SQUARE FEET) MORE OR LESS.
BEARINGS SHOWN ARE STATE PLANE COORDINATE FOR THE FLORIDA EAST
ZONE (NORTH AMERICAN DATUM OF 1983/1990 ADJUSTMENT). WITH THE SOUTH
LINE OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEARING
S89°53'05"W.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I
4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 b
A 14
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office ,( S I/LS
4. BCC Office Board of CountyWc,
Commissioners �,5/ AlSllS
5. Minutes and Records Clerk of Court's Office
51i3 ;(C0jr1
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department l
Agenda Date Item was March 24,2015 Agenda Item Number 16-A4 1/
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond - Parklands Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? If yes, JH
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 24,2015 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the rr
BCC, all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A4
MEMORANDUM
Date: May 5, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Parklands — Construction & Maintenance Agreement and
Performance Bond
Attached for your records is a copy of the Resolution referenced above,
(Item #16A4) adopted by the Board of County Commissioners March 24, 2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A4
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this Z,q- TM day of fist 2015
between Parklands Associates I, LLLP., a Florida limited liability 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:
Parklands rat.Ore.
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 water, sewer, paving and drainage
improvements 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$4,903,155.13 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.
1 6 A4
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.
16A4
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this 2401$ day of
MIAcH , 2015.
SIGNED IN THE PRESENCE OF: PARKLANDS ASSOCIATES I, LLLP.
By: \k)
Printed name: /c, Name: \witstd‘ -�, I it• 3
Title: N 11,- � "� (%�.t)� f Mf.jr".
Printed name:
ATTEST:
DWI HT E. BRO , CLERK BOARD OF COUNTY COMMISSIONERS
OF COL TNT , FLORIDA
}
BY. -.�s.�a By: i4%�l4tG�_
eputy Clerk �ic5l 8a to LhaIImaf S
A 'prow(' s s to�t �kal t
` L. _) TIM NANCE. CHAIRMAN
Assistant County Attorney
Scott A. Stone