Backup Documents 07/07/2015 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTIN4S�,IPA
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN �p H
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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
-2/7/,S
4. BCC Office Board of County
Commissioners \/s/ --k\45
5. Minutes and Records Clerk of Court's Office ri(Bh5 if:
(Za(1,%.
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 Houldswo h Phone Number x-5757
Contact/ Department
Agenda Date Item was July 7,2015 Agenda Item Number 16-A 1.l
Approved by the BCC _
Type of Document Construction&Maintenance Agreement Number of Original One
Attached Hatchers Preserve 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. : ) Applicable)
1. Does the document require the chairman's original signature?
2. Does the document need to be sent to another agency for additional signatures? If yes,
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 July 7,2015 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 th;
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,RevisM2 4.05;Revised 11/30/12
16A11
MEMORANDUM
Date: July 8, 2015
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Construction and Maintenance Agreement with a new owner,
terminating the existing Construction, Maintenance and Escrow
Agreement and accepting an alternate security for the Hatcher's
Preserve Subdivision
Attached for your records is a copy of the item referenced above, (Item #16A11)
approved by the Board of County Commissioners on Tuesday, July 7, 2015.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
CONSTRUCTION AND MAINTENANCE AGREEMENT 16 A 11
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 7 day ofcb lv 2015, between Hatchers Preserve, LLC
hereinafter referred to as Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECITALS:
A. On May 13, 2008, Collier County approved a certain subdivision known as Hatchers Preserve.
B. In accordance with subdivision regulations under Chapter 4 and 10 of the Collier County Land
Development Code, the previous developer, Empowerment Alliance of Southwest Florida, CDC, provided a
Construction, Maintenance and Escrow Agreement subdivision performance security in the amount of
$80,000.00 as a guarantee for the construction of the improvements required by said subdivision regulations
(attached hereto as Exhibit "A").
C. Developer is now owner of the Hatchers Preserve plat property, and wishes to replace the existing
Construction, Maintenance and Escrow Agreement with an alternate subdivision performance security, as
provided herein.
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: required landscaping and sidewalks prior to November
15, 2016.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B"
and by reference made a part hereof) in the amount of$80,000.00 which amount represents 10% of the total
contract cost to complete construction plus 100% of the estimated 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.
Page 1 of 3
5. The County Manager or his designee shall, within sixty (60) days of recei o0hAa1t 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 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.
Page 2 of 3
€74-
16A11
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed
by their duly authorized representatives this_7 'clay of 3141.y 2015.
SIGNED IN THE PRESENCE OF: (Name of Entity)
f By:
Print N.me: (.- s a r ccS Steven ..rk
a �* Presi•-nt of atchers ' eserve, LLC.
rl
Print Name: Mario `/ �►
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROCK' lerk OF COLLIER COUNTY, FLORIDA
B 54, . . ' I C . B
IMP
Attest as t' eputy Clerk TIM NANCE, Chairman
signature only;
Approved as to form
and gality:
(o/b/ 1s
Scott A. one
Assistant County Attorney
Approved Form—JAK—February 2006
MItem#
Agenda <1 /1S'
Date
Date 1-11-6
•-c'd \
I- ,��
ieputy C
Page 3 of 3
0
Exhibit A 1 6 n 1 1
•
Ii 1 1
CONSTRUCTION,MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
Empowerment Alliance of Southwest
THIS AGREEMENT entered into this 21st day of April,2012,by Em p
Florida CDC(hereinafter"Developer"),THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA,(hereinafter"The Board")and Florida Community Bank N.A.(hereinafter
"Lender").
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 Hatchers Preserve.
B. The subdivision will include certain improvements which are required by Collier County ordinances,
as set forth in a site construction cost estimate("Estimate")prepared by Q.Grady Minor&Associates,
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 described in the Estimate.
C. Sections 10.02.05 C.and 10.02.04 of the Collier County Subdivision Code Division of the Unified
Land Development Code requires the Developer to provide appropriate guarantees for the construction
and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated 12/21/09, Account No._
14725004-I (the"Construction Loan")to fund the cost of the Required Improvements.
E. Developer and ther-Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is$80,000,and this amount represents 110%of the Developer's engineer's
estimate of the construction costs for the Required Improvements.
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 water,sewer,roads,drainage and like facilities,the Required Improvements,
to be constructed pursuant to specifications that have been approved by the County Manager or his
designee within 36 months from the date of approval of said subdivision plat.
2. Developer hereby authorizes Lender to hold$80,000 from the Construction Loan in escrow pursuant
to the terms of this Agreement.
3. Lender agrees to hold in escrow$80,000 from the Construction Loan to be disbursed only pursuant to
this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the
Construction Loan fund,but that only such funds as are actually disbursed,whether pursuant to this
Agreement or a provision of the Construction Loan,shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of the County
Manager or his designee who shall approve the release of the funds on deposit not more than once a
month to the Developer, in amounts due for work done to date based on the percentage completion of
the work multiplied by the respective work costs less ten percent(10%);and further,that upon
completion of the work,the County Manager or his designee shall approve the release of any
remainder of escrowed funds except to the extent of$?O,dot,. oo which shall remain in escrow as
a Developer guaranty of maintenance of the Required Improvements for a minimum period of one(1)
year pursuant to Paragraph 10 of the Agreement.
However, in the event the Developer shall fail to comply with the requirements of this Agreement,
then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in
bAli.
escrow by
the Lender, as of the date of the demand,provided that upon payment of such balance to the
County,the County will have executed and delivered to the Lender in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty(60)days after written notification of such failure has failed to comply
with the requirements of this agreement;
(b) The County,or its authorized agent,will complete the work called for under the terms of the above-
mentioned contract or will complete such portion of such work funds then held,in its sole discretion
shall deem necessary in the public interest to the extent of the
(c) The escrow funds drawn down by the County shall be used for construction of the Required
legal and contingent costs and expenses,and to offset any damages,either
Improvements,engineering,
direct or consequential,which the County may sustain on account of the failure of the Developer to
carry out and execute the above-mentioned development work; and
(d) The county will promptly repay to the Lender any portion of the funds drawn down and not expended
in completion of the said development work.
5. Written notice to the lender by the County specifying what amounts are to be paid to the Developer
shall constitute authorization by the County to the Lender for release of only those specified funds to
the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of
authorization by the County to thedisbursed inlac constitute
coauthorization ce with theletter of authorization of
n from the
the Lender for the specified funds
County.
6. The Required improvements shall not be considered for preliminary approval 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 Subdivision Regulations.
7. 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 the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's
approval of the Required 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.
8. Should the funds held in escrow be insufficient to complete the Required Improvements,the Board,
after duly considering the public interest,may at its option complete the Required Improvements and
resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in
deposit by the Developer in accordance with the foregoing provision;provided,that the Lender does
not release any monies to the Developer or to any other person except as stated in this Escrow
Agreement to include closing the account,or disbursing any funds from the account without first
requesting and receiving written approval from the County. approval
10. The Developer shall maintain all the Required Improvements for one year after preliminary app
by the County Manager or his designee. After the one year maintenance period by the Developer and
upon submission of a written request for inspection,the County Manager or his designee shall inspect
the Required Improvements and, if found to be still in compliance with the code as reflected by final
approval by the Board,the Lender's responsibility to the Board under this Agreement is terminated.
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.
16Al2.
- -1 l. All of the terms,covenants and conditions herein contained i are
Lender.d shall be binding upon the
respective successors and assigns of the Developer an
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed
'
by their duly authorized representatives this t l s+ day of Apr1 I ,20 2 `
SIGNED IN THE PRESENCE OF: Em•owerment A11 • "�1I, / %'z1 C II
— ---r /�y / � ��
Printed Name:
Dcro-1}t...1 (7c,--,V-
Chairman
,Ma.AJ_(;_, lle
Printed Name: n
�.an r G /�da ' 7e
SIGNED IN THE PRESENCE OF: LEN r
B �
4___2-e--A--r-e- L...44---r ',kg, t4\,---2
Printed Name: Brent Dykstra
Deryc.lhZ Cccic
Assistant Vice President
Ma Lea. 1-1 d, yi,ie
Pri ed Name;
Dwight E. Brock,Clerk Board of County Commissioners of Collier County,
Florida•1/2.,�.\_.�° s C.• By. t_A_�Q._ W. (....), 4
By. `�� '��Ursa t;
Depu
A to , " • ,, ..- ..+.:gal sufficiency:
App r9 Chairman
! 1
Assistant unty Attorney
16A11 •
Exhibit B
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2015240901
Transaction Number: 2015-021369
Date Paid: 04/23/2015
Amount Due: $80,000.00
Payment Details: Payment Method Amount Paid Check Number
Check $80,000.00 1041
Amount Paid: $80,000.00
Change / Overage: $0.00
Contact: Hatchers Preserve, LLC
P 0 Box 343529
Florida City, FL 33034
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20110002078 $80,000.00 $80,000.00 670-000000-220113
Cashier Name: AmandaBayoumi
Batch Number: 4411
Entered By: hughes_j