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Backup Documents 07/07/2015 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 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 theBoard 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 Office9\A 7/ 4. BCC Office Board of County 'jb Commissioners V $ S 5. Minutes and Records Clerk of Court's Office --pm 1( 1t5 t� , r 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-A4 Approved by the BCC Type of Document Agreement L.p,C . Number of Original One Attached Documents Attached PO number or account number if document is ytN1 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 July 7,2015 and all changes made / I during the meeting have been incorporated in the attached document. The County A Attorney's Office has reviewed the changes,if applicable. r ' 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 t..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: July 8, 2015 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Access Improvement Agreement with Fifth Third Bank and a performance guarantee to fulfill a condition pursuant to the approval of HEX Decision No. 2015-09 concerning a new access point on Thomasson Lane in Sabal Bay Attached for your records are copies of the documents referenced above, (Item #16A4) approved by the Board of County Commissioners on Tuesday, July 7, 2015. The originals 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 1 644 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, July 23, 2015 3:49 PM To: Houldsworth, John Subject: Fifth Third Access Improvement Agreement (July 7 Item #16A4) Attachments: Recorded Access Improvement Agreement.pdf Hi John, A copy of the (recorded) Fifth Third Access Improvement Agreement is attached for you. I'm going to mail a certified copy up to Infinity Engineering in Tampa; I should've asked you last week, but is there a contact person at Infinity whose name I can put on the outside envelope so it's gets routed to the appropriate staff? Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 • 16A4 Ann P. Jennejohn From: Brett Nevaril <Brett@iegroup.net> Sent: Friday,July 24, 2015 8:49 AM To: Charles, Mike;Ann P.Jennejohn Cc: O'Brien, Heather Subject: Re: Fifth Third Access Improvement Agreement (July 7 Item#16A4) Ann, Please send to my attention. Thanks! Brett Nevaril Managing Director Infinity Engineering Group, LLC. 1135 Marbella Plaza Drive Tampa, Florida 33619 T: (813) 695-4649 F: (813) 254-7080 Brett@iegroup.net www.iegroup.net Sent from my iPhone On Jul 24, 2015, at 7:46 AM, Charles, Mike<Mike.Charles@53.com>wrote: From: BaluchStephen [mailto:StephenBaluchOcolliergov.net] Sent: Friday, July 24, 2015 8:44 AM To: Chris Haines Cc: Charles, Mike Subject: FW: Fifth Third Access Improvement Agreement (July 7 Item #16A4) Stephen Baluch 239-2361 From: HouldsworthJohn Sent: Thursday, July 23, 2015 4:12 PM To: Ann P. Jennejohn; BaluchStephen Subject: Fwd: Fifth Third Access Improvement Agreement(July 7 Item #16A4) Thanks Ann Sent from my iPhone 5S Begin forwarded message: 1 rtri of Qollier 1 b A 4 CLERK OF THE\)CIR UIT COURT 'Y CO � Dwight E. Brock COLLIER COU1 ZTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102t P.O. BOX 413044 Accountant NAPLES,FLORIDA 'NAPLES,FLORIDA Auditor 34112-5324 47. 34101-3044 Custodian of County Funds July 24, 2015 Brett Nevaril, Managing Director Infinity Engineering Group, LLC 1135 Marbella Plaza Drive Tampa, FL 33619-7905 Re: An Access Improvement Agreement between Fifth Third Bank and Collier County pursuant to Condition of Approval #2 of the Collier County Hearing Examiner's Decision 2015-09 (SDP-PL20140000858) Mr. Nevaril, Attached for your records is a certified copy of the recorded Access Improvement Agreement between Fifth Third Bank and Collier County, approved by the Collier County Board of County Commissioners on July 7, 2015. A receipt for the charges involved in recording the agreement has also been included. If I can be of any further assistance, please feel free to contact me at 239-252-8406. Thank you. DWIGHT E. BROCK, CLERK (11.04c ., �f Ann Je -'o Deputy Clerk Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com INSTR 5149501 OR 5175 PG 1028 RECORDED 7/16/2015 2:31 PM PAGES 8 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$69.50 1 6 AAccess Improvement Agreement This Access Improvement Agreement(the"Agreement')is made and entered into this "'day of ,Av I .2015 by and between Fifth Third Bank,an Ohio banking corporation,whose address is 38 Fountain Square Place,Cincinnati,01145263 (the -Developer")and Collier County, Florida,a political subdivision of the State of Florida(the "County"). RECITALS: WHEREAS.on March 19,2015,the Collier County Hearing Examiner approved Hearing Examiner Decision No.2015-09,which included an insubstantial change to the Sabal Bay '►Y IG MPUD Ordinance No.05 ,as amended,to add an additional PUD access point on Thomasson Lane for Developer's property(the"Access Point");and WHEREAS,Condition of Approval #2 for Hearing Fxaminer Decision No.2015-09, provides: During review of'the SDP or subsequent Right-of-Way (ROW) permit approval, the County may require a performance guarantee, such as a bond or letter of credit, be posted by the applicant in order to provide for closure of the left-in or left-out movements. An operational review may be performed by the Count) within the first 18 months after issuance of the Certificate of Occupanc}. If upon review of the results of the operational review, the County determines it is necessary to close the left-in or left-out movements, the county may call on the performance guarantee in order to pay for the cost of installing the appropriate driveway barriers to preclude left-in/left-out turning movements. WHEREAS,Developer is currently seeking approval of a Site Development Plan, Application No. SDP-PL20140000858,and therefore is required to post a performance guarantee as described above; WHEREAS,the improvements needed to close the Access Point's left-in and left-out movements(the"Closure Improvements")are depicted on Exhibit"A,"and the estimated cost of the Closure Improvements is shown on the Construction Cost Estimate.attached hereto as Exhibit"B." NOW,THEREFORE,in consideration of the foregoing premises and mutual covenants hereinafter set forth,Developer and the County do hereby covenant and agree as follows: 1. Developer herewith tenders its performance guarantee(the'-Letter of Credit")attached hereto as Exhibit'`C,"in the amount of$ 9, 073.15 ,which amount represents 110°o of the total estimated cost to complete the Closure Improvements. [15-OPS-00226/1173634/1) 1 0 1 6 A 4 2. In the event of default by the Developer, or failure of the Developer to complete the Closure Improvements within the time required by this Agreement, the County may call upon the Letter of Credit to insure satisfactory completion of the Closure Improvements. 3. After completion of the operational review required by Condition of Approval #2 for Hearing Examiner Decision No. 2015-09,the County shall either a)notify Developer in writing that the left-in, left-out movements for the Access Point must be closed; or b) release the Letter of Credit to Developer because the left-in, left-out movements for the Access Point do not require closure. 4. Developer shall, within thirty(30) days of delivery of the notice specified above, provide written notice to the County if it intends to construct the Closure Improvements, in which case Developer shall have six (6)months to obtain a Right-of-Way Permit and complete the Closure Improvements to the satisfaction of the County. 5. If the County does not provide written notice to the Developer within twenty(20) months after issuance of the Certificate of Occupancy, the Developer may request, in writing, the release of the Letter of Credit. Upon receipt of such written request, the County shall have sixty(60)days to either a)initiate the release of the Letter of Credit to Developer; or b)notify Developer in writing that the left-in, left-out movements for the Access Point must be closed. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County may call upon the Letter of Credit to secure satisfactory completion of the Closure Improvements. The County shall have the right to construct,or cause to be constructed, pursuant to the public advertisement and receipt and acceptance of bids, the Closure Improvements required herein. The Developer,as principal under the Letter of Credit, shall be liable to pay and to indemnify the County, upon completion of such construction,the final total cost to the County thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 7. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer, its successors and assigns. IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be executed by their duly authorized representatives the day and date first written above. [15-0PS-00226/1173634/1) 2 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATT?S'I' . vight;E. roc'4 ,:•rk ' Tim Nance, Chairman Attest as aiian's sigqnator only. WITNESSES: FIFTH THIRD BANK. V(*" By: v rinted ame: vies.3, NdieQLs Printed Name: A,/ Title: VV CG fire,jiciir,- Printed Name: L.o,-�-1•�1 "��,�q\�, ri STATE OF FLORIDA COUNTY OF COLLIER J r'axeret Signed and acknowledged on/,his //lliday of /41, , 2015,before me,the y' undersi ped notary public, by /4/ke C ti artej- of Fifth Third Bank, an Ohio banking corporation,on behalf of the corporation. Ile [4s personally known to me or[ ] produced , 5a/1 i 1 r Kew ,1 as identification. Notary Public Printed Name: My Commission Expires: /lei , 2/i 2 O l h4"1"11:77,16".6"."h"4"1"6"6"6"1641,— SµY PUB BRIANNCRAMER `� f r°.�,`�: Notary Public-State of Florida ., ��' : My Comm.Expires May 21,2016 ri i ';9E-'�P Commission #EE 200518 "` Bonded Through National Notary Assn. ` Appr ed as to Form and Legality: Pp /Tan ir1/4 J14-/ Scott A. , tone Assistant County Attorney [15-0PS-00226/1173634/1] 3 1 6 A 4 Exhibit A , , -.'"-..,•..,.., _.../ iyi , 1 ' /(T) ''''• • '• ,O) "..44,.,N> ' f--- i 4„,•) _ Ner-, • (r".•,•, ' •.::'.' 1 ' --•-,-----.-:----777---- : i t• --- , ,.. , ,i.s. -// . i • . 1 1, ' N "LIt • 1).- / ,',e....:, I ',!,,, ,tfif, ,i,...!,-'1,.4'\ i. •, -,,,,, '.\-.„„ ,,,,,, 4...‘ .4&,. . ,,,, /*,,9" , i 1 -,,, : 1 :.„.4..v ) -A . `-'4.,_, \'" ,"---7 .-! . ‘,.• - '-: I 1 ..0*.&.1-P ',•. ::::', I; '„ ovy s,' - •--, i,- ,;.. f4. ti446,..---, 1 ! 01 , ' ,4v,,..&,• , •. -.., .1 „„. -4‘:- 1•:1/4 z,xi /,/•,' . •c4/47'- 4.0:: ,'' ----- - . 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B'' > ›!l'!. , > A1 ?- I g i i AilA § 5 ;5f:515 y,;,,g g 5 R5 5 5 5 5 g5 t 5 5 515 5 i t ,,5 ill glig%i $0 0 ,-)1 g i ' ril 1' ,k ; 1 — ' ?'' 1 N15 a IA ''Icf•' F , ' 8 •(''.•) CO '11;'/)'''' ' .'i";-&;'-' -1' ' i'l )1' ig g i ° $ ;1 0 .1 iii - 1 c " .13 . , ,i2 5 y• vl)i . i d o 1! g2 F g f g, R g I % 5 N . P • a al r,,, . a 4/11111114 I * a 115. . • i'„'l *r g' P K1155,5,5,5 'A '5 ,:i 0 2 g i C .g 4gf' 1 c ! P ,- 2 i g ") l ' g 'Jlg. 1 0 T 1 a 6 , . . l', f2 1 i•Cl ..1 ' 1 I I 51 ' 1 '... Prof.!Nam*av Address \ , FIFTH THIRD BANK No. 348119 PI ri 1 •i '`I• 45/0 THCSASSON LANE NAPLES.FLOPiDA 34,12 ,I to I -°-- 1 '.,,, a 1,0 LITT lupe §4 P." V in MOPE WOMAN Svel TAN 0 Ii! M ! 4'''' If '5 U REMSEe 1,59. P SITE PLAN .‘,,, z 0 X a __71...... 16 A 4 Exhibit B • Firn4 THIRD SANK Project: Fttth Third Bank No,346119 Sheet, 1 of i Location* 4ST4 Thomasson Lane,Naptes FL 34112 'Project No, 15-67.00 CONSTRUCTION COST ESTIMATE (Thomasson Ln.) Date. 4/2/2015 Basis for Estimate, Estimator Checker Pre-design Concept Schematic Des.Des, FINAL X Constr,Doc. VC NS Client: Fifth Third Bank grogram: COMMERCIAL Disolpi+t,e, Civil item Description Quantity Units Unit Cost ESTIMATED COST 1 Mobilization 1 LS 1,500.00$ 1,500.00 2 Project Staking&Surveying 1 LS 500.00$ 500.00 3 Testing•Compaction 1 LS 250.00$ 250.00 4 6"Concrete Island 13 SY 84.00$ 1,092.00 5 Asphalt Removal 13 SY 12.00$ 159.96 6 Yellow Thermoplastic Striping 6" 32 LF 1.28$ 40.96 7 Pavement Markings 2 EA 22.70$ 45.40 8 "Right Turn Only"Sign 1 EA 330.00$ 330.00 9 "No Left Turn"Sign 1 EA 330.00$ 330.00 10 Permitting 1 LS 4,000.00$ 4,000.00 Total $ 8,248.32 t IN1{JN7i Y '7 tNviNlTv..z C:IN ItIitl:`G ��ttitiftei tli ii4 4 •S‘t .�, ,,,,t•�' G NO 60483' 0 1' No 640'.5 ". S M *: j r Z • Ak'i)'', "ti 3 a011 — / w 7, TE /� r S. sL-e•.'17 TQ*VAt v It "r FS65 ' ED,DA EV ,,,, I KUG'4 .:rO t ♦♦w 1 f 1). C.D.) Tc 1 6 A 4 FIFTH THIRD BANK LETTER OF CREDIT NO. S505680 PAGE 1 ISSUING BANK: FIFTH THIRD BANK BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C/O GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 APPLICANT: FIFTH THIRD BANK C/O MIKE CHARLES 50 CENTRAL AVENUE MD BSFP8A SARASOTA, FL 34236 LETTER OF CREDIT NO: S505680 ISSUE DATE: MAY 26, 2015 EXPIRATION DATE: MAY 26, 2017 EXPIRATION PLACE: FIFTH THIRD BANK, GLOBAL TRADE SALES, 2333 PONCE DE LEON BOULEVARD NO. 303, CORAL GABLES, FL 33134 AMOUNT: 9, 073 . 15 USD NINE THOUSAND SEVENTY THREE 15/100 ISSUER HEREBY ISSUES IN FAVOR OF BENEFICIARY THIS IRREVOCABLE STANDBY LETTER OF CREDIT ( ' STANDBY' ) IN THE MAXIMUM AGGREGATE AMOUNT OF $9, 073 . 15 WHICH IS AVAILABLE BY PRESENTATION OF THE FOLLOWING DOCUMENT: BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT FIFTH THIRD BANK, GLOBAL TRADE SALES, 2333 PONCE DE LEON BOULEVARD NO. 303 , CORAL GABLES, FL 33134 , PHONE NUMBER 513-358-5229, FAX NUMBER 513-358-5950, ATTN: EMY RUIZ, ACCOMPANIED BY BENEFICIARY' S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "FIFTH THIRD BANK HAS FAILED TO CONSTRUCT THE CLOSURE IMPROVEMENTS TO THE COUNTY'S SATISFACTION, AS DESCRIBED IN THE ACCESS IMPROVEMENT AGREEMENT BETWEEN APPLICANT AND COLLIER COUNTY, EXECUTED BY FIFTH THIRD BANK ON MAY 11, 2015 . " DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIFTH THIRD BANK, CREDIT NO. 5505680, DATED Cq FIFTH THIRD BANK LETTER OF CREDIT NO. S505680 PAGE 2JE 6 A 4 �T MAY 26, 2015 " . THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT IS ISSUED, PRESENTABLE AND PAYABLE AT OUR OFFICE AT FIFTH THIRD BANK, GLOBAL TRADE SALES, 2333 PONCE DE LEON BOULEVARD NO. 303 , CORAL GABLES, FL 33134, PHONE NUMBER 513-358-5229, FAX NUMBER 513-358-5950, ATTN: EMY RUIZ . PRESENTATION OF A DEMAND UNDER THIS LETTER OF CREDIT MAY BE MADE ON OR PRIOR TO THE THEN CURRENT EXPIRATION DATE HEREOF BY HAND DELIVERY, COURIER SERVICE, REGISTERED OR CERTIFIED MAIL, OVERNIGHT MAIL, OR FACSIMILE. PRESENTATION OF A DEMAND UNDER THIS LETTER OF CREDIT BY FACSIMILE TRANSMISSION SHALL BE BY TRANSMISSION OF THE ABOVE REQUIRED DEMAND ON US TO OUR FACSIMILE NUMBER 513-358-5950 ATTENTION: TRADE SERVICES WITH TELEPHONIC CONFIRMATION OF OUR RECEIPT OF SUCH FACSIMILE TRANSMISSION AT OUR TELEPHONE NUMBER 513-358-5229 (OR AT SUCH OTHER FACSIMILE AND / OR TELEPHONE NUMBERS AS WE MAY SEND NOTICE TO YOU IN WRITING BY U.S. MAIL OR COURIER SERVICE, AS BEING THE APPLICABLE SUCH NUMBERS) ON OR BEFORE THE THEN CURRENT EXPIRATION DATE. ANY SUCH FACSIMILE PRESENTATION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT AND ANY ORIGINAL DOCUMENTS DELIVERED TO THE BANK SHALL BE RETURNED TO THE SENDER AND WILL NOT BE EXAMINED. FIFTH THIRD BANK SHALL BE UNDER NO OBLIGATION TO ASCERTAIN THE IDENTITY OR AUTHORITY OF ANY PERSON MAKING SUCH FACSIMILE PRESENTATION. THIS LETTER OF CREDIT SHALL BE VALID UNTIL MAY 26, 2017, AND SHALL THEREAFTER BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING (AT GROWTH MANAGEMENT DEPARTMENT, 2800 N. HORSESHOE DR. , NAPLES FL 34104) BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO EXTEND THIS CREDIT. 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 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 PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR sit 1644 FIFTH THIRD BANK LETTER OF CREDIT NO. S505680 PAGE 3 DOCUMENTARY CREDITS (2007 REVISION) , INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 . /1 Allat- 4 --- / . T IFER NO ALFINA FURSENKO OFFICER TRADE SERVICES PROFESSIONAL t/ 4 j