Backup Documents 05/26/2015 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SPVINVCR
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOILSOWtRE
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
t/sac-17/c
4. BCC Office Board of County
Commissioners W l '6\k`?
5. Minutes and Records Clerk of Court's Office B (<<s, q.,
t ,
PRIMARY CONTACT INFORMATION ll l
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 May 26,2015 Agenda Item Number 16-A7
Approved by the BCC
Type of Document Plat -Brandon Replat 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,
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 jff
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 May 26,2015 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 t
BCC,all changes directed by the BCC have been made, and the document is ready %•r 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
ORIGINAL DOCUMENTS CHECKLIST & ROUTIN S I
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI N TUR
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
,c/4
play/s
4. BCC Office Board of County
Commissioners is/ '\3(\1
5. Minutes and Records Clerk of Court's Office )M S(311(5
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 May 26,2015 Agenda Item Number 16-A7 )/0/
Approved by the BCC
Type of Document Construction&Maintenance Agreement- Number of Original Two
Attached Brandon Replat 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,
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 May 26,2015. and all changes made
during the meeting have been incorporated in the attached document. The County z ��
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
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
1 6 A 7
MEMORANDUM
Date: August 31, 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 for Subdivision
Improvements for the Brandon Replat including
Performance Bond No. 1121630
Attached for your records are copies of the documents referenced above, (Item #16A7)
approved by the Board of County Commissioners on Tuesday, May 26, 2015.
The original has been held by 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
16 A 7
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 4th day of August , 20 15 between DR Horton,Inc.
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 certain plat of a subdivision to be known as: ! Brandon Replat
B. Chapter 4 and 10 of the Collier County Land Develpment Code required 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: Roadway, drainage, water&sewer 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$5,448.17 - which amount represents 10% of
the total contract cost to complete the 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 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.
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
improvements and, if found to be still in compliance with the 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.
16A1
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.
IN WITNESS WHEREOF, the Board and theeveloper have caused this Agreement to be executed by
their duly authorized representatives this 4+ day of iictIks t- , 20 IS .
SIGNED IN THE PRESENCE OF: ame of En-4)DR Horton, Inc.
By:Jonathon Pentecost,Division President
Printed Nam€ A3L-
Frere ,f
gyne t�
Printedlame/T
(Presid , or CEO)
(Provide Proper Evidence of Authority)
Printed Name
M 4 MVO
ATTEST:
DWIGHT.,E1 BROCK, CLERK BOARD QL„cdaillkITY COMMISSIONERS
OF COLLIE/COrfY,r1AORIDA
By: By:
Deputy Cler � Chairman's �~�: 1M -
TIM NANCE, CHAIRMAN
A s , 1 rer ,gality:
Scott A. Stone, Assistant County Attorney
•
: .4 COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1121630
• KNOW ALL PERSONS BY THESE PRESENTS: that D.R.Horton,Inc.
10541 Ben C.Pratt/Six Mile Cypress Pkwy,#100
Fort Myers,FL 33966
(hereinafter referred to as"Owner")and Lexon Insurance Company
12890 Lebanon Road
Mount Juliet,TN 37122
(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 Five Thousand Four Hundred Forty Eight and 17/100
:1 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 THIS OBLIGATION is such that whereas,the Owner has submitted for approval by
the Board a certain subdivision plat named Brandon Replat(paving and grading)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 modification of any character whatsoever.
A 7
16A7
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 5th day of
August,2015.
ck60, 0` , fiD.R.Horton, Inc.
itnesssJSiignaature j � ,fin Princi•a,
C�t'f` S1j116 L I)Uyilt�/ By: i .. ./ 1LI /
Witness Print Name or Type OF ' -----""----___,
i
�..__ , ..�s'-.�� Lexon Insurance Company
Widr: 1Ft`n•' e , Surety
Tiffany Cunniff By:1 ,i`/tuN. X, 71/Zer4ett,
Witness Print Name or Type Attorney-in-Fact: Dawn L. organ
Florida license no.: P011322
STATE OF ci---
COUNTY OF L.Pf
The foregoing instrument was acknowledged before me this'["day of AOOSk , 2015 by efs, bt' \QSt ,
who is personally known to me or has produced as ide ification.
(Signature o Notary Public)
1 ik. ‘Cb. C24‘1—c.,4.----
RINA PATEL '
" '`'''' (Print,Type,or Stamp Commissioned
Commission 4 EE 196416 Name of NotaryPublic)
,,-;,!;A.,,..'::::',..,
=�q,iii'ip,I„: My Commission Expires
"°' May 07, 2016
STATE OF ILLINOIS
COUNTY OF DUPAGE
The foregoing instrument was acknowledged before me this 5th day of August,2015,by Dawn L.Morgan,Attorney-In-
Fact,who is personally known to me.
/4 fi�rr-- -mss.
(Si_! �... Publ c
State of Illinois)
Tiffany Cunniff
(Print,Type,or Stamp Commissioned
Name of Notary Public)
i
' TIFFANY CUNNIFF
yrAtix ` , OFFICIAL SEAL
ti `.°Ow Ai ° Notary Public,State of Illinois
% My Commission [xpires
a; ' March 23,2019
16A7
POWER OF ATTORNEY Lx- 237382
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky,does hereby constitute and appoint: James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner,
Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto its true and lawful Attorney(s)-In-Fact to make, execute, seal and
deliver for,and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July,2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $ 8,000,000.00, Eight Million dollars, which the Company might execute through its duly
elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon
the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so
appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed
and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and
binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 21St day of September,2009.
LEXON INSURANCE COMPANY
SEALS BY
v ><y i.+ a, David E. Campbell
• e.,• +*r President
, Te OF T„
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he
executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.jAmot r JJjff(///
44 AMY L.TAYLOR BY
t_td
• TM _ Notary Public-State of Tennessee (,) �J
= Davidson County Amy'...Taylor
My Commission Exoires 01-09-16 Notary Public
" CERTIFICATE
I,the undersigned,Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at Mount Juliet,Tennessee this 5th Day of August ,20 15 .
1.1 4k
SEAL 4• BY
Andrew Smith
Assistant Secretary
or
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim
containing any materially false information, or conceals for the purpose of misleadsng, information concerning any fact material thereto, commits a
fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties."
16A ,
ICP- i20:150000851
JAA-111.„
ENGINEERING
Certificate of Business Certificate No EB-0)7663
Engineer's Opinion of Probable Construction Costs
Project: Brandon-Barclay Court Extension
Date: March 30,2015
Estimated By: Michael Pappas
Checked By: Michael Pappas
PAVING AND GRADING
DESCRIPTION1____UN1T1- QUANTITY UNIT TOTAL
COST
P-I 12"Stabilized Subgrade(LBR.40) SY 150 52.80 $420.62
P-2 8"Limerock Base(LBR 100) SY 116 S8.50 $982.22
P-:1 3/4"Type S-Il1 ACSC(1st Lift) SY 116 54.70 $543.11
P-4 3/4"Type S-111 ACSC(2nd Lift) SY 116 56.00 $693.33
P-5 Concrete Valley Cutter IS 52 $7.50 $390.00
P-5 24"Ribbon Curb LF 52 $2.8.00 $1,456.00
P-15 Sod(2'strip along Back of Curb) SY 12 $1.50 $17.33
Paving and Grading Sub-Total:.. $4,502.62
Due at
Submittal
Fee Calculations for Utility Construction
0.75%for Construction Document Review $33.77
2.25%for Construction Inspection $101.31
Total fee based on OPC $135.08 °""""""inn,
o�� p h%
Note: , ':• Y ,•10
This Engineer's Opinion of Probable Cost represents the estimated cost for extending the C.!C 5
southwest end of Barclay Court approximately 52 ft as shown on RWA Constnictian I'lans last ^ E:, ' 4:::11
revised April 2015. t� t'��'��=41
Michael C.P: 4'/' ,:i ';,V%,
2015-03-30 OPC Barclay Extension 4/9/2015