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Backup Documents 05/13/2014 Item #16A 5 VIk1k111rL11a LVk.U1V11'a1r 1►7 k.11.0 k.11La113 1 CX, JXV U .I.111 0L11- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR G N TURF .,1'i 5 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 5/11/19 4. BCC Office Board of County Tf-lj Commissioners Z3,1 5. Minutes and Records Clerk of Court's Office i\l\k) 23 �� �� PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in a event one of the addressees above,may need to contact staff for addition I or missing information. Name of Primary Staff John Houldswo Phone Number x-5757 Contact/ Department Agenda Date Item was May 13,2014 Agenda Item Number 16 A5 Approved by the BCC Type of Document Plat—Riverstone Plat 6 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed JH 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 13,2014 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 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 VIClA.7111ECL 1JVl.U1VIL'lr 1.7 l.IiL' —miLia j 0 nut.) I ii'11 oLlr TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 Q 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 v `�/ ke-k 1 Office Minutes and Records Clerk of Court's O ce V1�/� A, ( 5 pf, 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 r Contact/ Department Agenda Date Item was May 13,2014 \ Agenda Item Number 16 A5 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond —Riverstone Plat 6 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 signed by the Chairman, with the exception of most letters,must be reviewed and signed JH 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 warf 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 13,2014 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 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 1 6 A 5 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /3 Y day of Alld. , 2014 between G.L. Homes of Naples Associates II, Ltd., 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: Riverstone Plat Six plat. 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 $179,904.15 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. 16A5 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. 16A5 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this la T N day of M4/ , 2014. SIGNED IN THE PRESENCE OF: G.L. HOMES OF NAPLES ASSOCIATES II, LTD. By: ilv,114; 744.u.--- Printed name: 7-J,.G X4,5 Name: W 1 u.�4•A M . Fi`,,,I rla Title: Nt_it.Lin, c;►= Ul�� ►�i`-1►�-w('n Liu(///' `rintednam-: Dowdell J l ATTEST;;`'...•..... DWIG, IT E BROCK, CLERK BOARD OF CO TY COMMISSIONERS }}--p OF COL R C V/ TY, F�.,ORIDA By `t k AAA + B Deputy Clerk ' -. •'� ' . ' • ` 1Y. TOM HEN IIFO, CHAIRMAN i pprov a • ?$ m and legality ..40-1}. A. 5-f Assistant County Attorney 16A5 CERTIFIED COPY OF PARTNERSHIP RESOLUTION I, PAUL CORBAN, Secretary of G.L. Homes of Naples II Corporation, a Florida corporation, the general partner of G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership, do hereby certify that the following is a true and correct copy of a Resolution adopted by the general partner: "BE IT RESOLVED, that G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership (the "Partnership"), is developing that certain residential community located in Collier County, Florida commonly known as "Saturnia Falls", a/k/a "Terafina" (the "Community"); and BE IT FURTHER RESOLVED, that G.L. Homes of Naples II Corporation, a Florida corporation (the "General Partner"), as the general partner of the Partnership, intends to execute, on behalf of the Partnership, various permit applications for and in connection with the development of the Community (collectively, the "Land Development Documents"), and thereafter, deliver such Land Development'Documents to the applicable governmental and quasi-governmental bodies, authorities and agencies (individually a "Governmental Authority"and collectively the"Governmental Authorities"); and BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as n "Authorized Signatory" of the Partnership for the sole and limited purpose of executing and delivering to the applicable Governmental Authorities, for and on behalf of General Partner, as the general partner of the Partnership, all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that General Partner hereby designates William Fenno as an Authorized Signatory of General Partner for the sole and limited purpose of executing and delivering to the applicable Governmental Authorities, on behalf of the Partnership, any and all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that William Fenno, as an Authorized Signatory of General Partner, be and is hereby authorized to execute and deliver to the applicable Governmental Authorities, for and on behalf of the Partnership, any and all of the Land Development Documents necessary for the development of the Community; and BE IT FURTHER RESOLVED, that any and all action previously taken by William Fenno in connection with the execution and delivery of Land Development Documents by General Partner, as general partner of and on behalf of the Partnership, consistent with the authority granted herein is, in all respects, ratified, approved and confirmed." I FURTHER CERTIFY that the above Resolutions are in full force and effect and have not been altered, modified or rescinded. EXECUTED as of the 1st day of September, 2010. Paul Corban, as Secretary of G.L. Homes of Naples Associates II Corporation, a Florida corporation, the General Partner of G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership COLLIER COUNTY LAND DEVELOPMENT CODE 1 6 A 5 PERFORMANCE BOND Bond No. 929563719 KNOW ALL PERSONS BY THESE PRESENTS: that G.L. Homes of Naples Associates II, Ltd. 1600 Sawgrass Corporate Parkway,4'h Floor Sunrise, FL 33323 (hereinafter referred to as "Owner")and THE CONTINENTAL INSURANCE COMPANY 9850 NW 41"Street,Suite 100 Miami, FL 33178 (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 One Hundred Seventy Nine Thousand Nine Hundred Four and 15/100 Dollars (5179,904.15) 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 Riverstone Plat Six 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of Max'. 201 4. 5X Owner e1 6 A 5 Attest: G.L. 'Naples Associates II, Ltd., by: G<t. Homes o Naples II Co •oration, its General Partner (Corporate Seal) r By: a"? PauP C urban,Corporate Secretary N. Ma • enende ePresideW 410 State of Florida County of Broward I HEREBY CERTIFY that on this day, before me,an officer duly authorized to take acknowledgements, personally appeared N. Maria Menendez, Vice President of G.L. Homes of Naples II Corporation,to me known to be described in and who executed the foregoing instrument and acknowledged to and before me that they executed the same. Witness my hand and official seal in the county and state last aforesaid this 12th day of May,2014. CAROLYN C.TORRISI Y ■ is' MY COMMISSION BEE 023326 Notary ' Iic, State of Florida EXPIRES:January 3,2015 Bonded Thru Notary Public Underwriters fit• My commission expires k\'5��5 Su rety Attest: The Continental Insurance Company ----'-� (Corporate Seal) ! L As Per Attached Power of Attorney B W �` D.A. Belis, Attorney-In-Fact and Flon ebt Agent State of Florida County of Miami-Dade Betbre me this day personally appeared D.A. Belis, Attorney-In-Fact for The Continental Insurance Company, who, being duly sworn,executed the foregoing instrument and acknowledged to and before me,the truthfulness and accuracy of the statements in the foregoing instrument. Witness my hand and official seal in the county and state last aforesaid th's 12th day of May, 2014. N. Elif Asian YI kit_ Pi' •.MccMMss,oSEE126431 Notary Public, State of Florida �_ 11' ' EXPIRES,AUG.30,2015 ,,,,,F„ www AARON NOTARY.com My commission expires OO' A„03(,. 1 0 A 5 I POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT . Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint D A Belis,Individually of Miami,FL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature-In Unlimited Amounts-for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida,incident to the release of retained percentages and/or estimates on engineering and/or construction contracts-and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 23rd day of October,2013. ;i:ujgvk. The Continental Insurance Company •Z .‘•, is ;t 1 6. ' •ft .,!': 21°1"...! ' Paul . Bru_at Vice President State of South Dakota,County of Minnehaha,ss: On this 23rd day of October,2013,before me personally came Paul T. Brutlat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to he the act and deed of said insurance company. J.MOHR (�ntoTARVPUauc ��/�r,V / `�SOUTH DAKOTA� , / My Commission Expires June 23, 2015 J. Mohr Notary Public CERTIFICATE I,D. Bult, Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverss�e.hlereof is still in force � mony whereof I have kreu to ubscribed my name and affixed the seal of the said insurance company this 4'01 '-' day of Off[[ . �k3.1;•I" 4• The Continental Insurance Company NSV, .• •vi'� ,t ;Ct: P • Z.,)■A...SLIqa'."— %''••.."''� D. Bult Assistant Secretary Form F6850-4/2012 Riverstone Plat Six 4-14-14 16 /15 Category Item Units Amount Unit Price Total Water 8"PVC Water Main w/Fittings 680 LF $20.60 $14,008.00 6"PVC Water Main w/Fittings 75 LF $19.85 $1,488.75 ___ 6"Gate Valve 1 EA $930.00 $930.00 _ Single Water Service(Short) 1 EA $479.68 $479.68 Single Water Service(Long) 2 EA $550.26 $1,100.52 Double Water Service(Short) 8 EA $557.26 $4,458.08 Double Water Service(Long) 3 EA $740.20 $2,220.60 Fire Hydrant w/6"Gate Valve 2 EA $3,206.20 . $6,412.40 Permanent Sampling Station 1 EA $1,066.10 $1,066.10 Automatic Flushing Device 1 EA $4,205.60 $4,205.60 Connection to Exist.Main 1 EA $2,430.00 $2,430.00 Sub-total $38,799.73 Sewer 8"PVC(0'-6'Cut) 287 LF $14.84 $4,259.08 Manhole(0'-6'Deep) 1 EA $3,741.80 $3,741.80 6"Single Sewer Service Lateral 1 EA $578.67 $578.67 6"Double Sewer Service Lateral 6 EA $693.09 $4,158.54 Sub-total $12,738.09 Drainage 15"RCP 49 LF $18.98 $930.02 18"RCP 325 LF $23.79 $7,731.75 Junction Box 2 EA $1,507.80 $3,015.60 Valley Gutter Inlet 4 EA $2,566.00 $10,264.00 Sub-total $21,941.37 Paving Type S-3 Asphalt 1"(First Lift) 4,488 SY $4.31 $19,343.28 Type S-3 Asphalt 1"(First Lift) 4,488 SY $2.77 $12,431.76 6"Limerock Base 4,488 SY $4.70 $21,093.60 12"Stabilized Subgrade 7,788 SY $1.25 $9,735.00 2'Valley Gutter 1,320 LF $6.88 $9,081.60 Pavement Markings&Signage 1 _ LS $4,250.00 $4,250.00 5'Concrete Sidewalk 1,320 SF $ 1.89 $ 2,494.80 Sub-total $78,430.04 Landscaping R/W-Landscape/brig. 10,560 SF $ 0.25 $ 2,640.00 Sub-total $ 2,640.00 Street Lights Street Lights 3 EA $ 3,000.00 $ 9,000.00 Sub-total $ 9,000.00 Total $163,549.23 Bond Total = Total Amount x 110% $179,904.15 „Z\\...\ ,\'‘,...,'"".."'"•••-..v ...� i�.r w'` I `' :: NO. 39`34 7-.1:73k R©° o f S'�: -..-'..4%te OR1O �ie. 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