Backup Documents 05/27/2014 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOAlf A 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN
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 7 /
./Q\L 4. BCC Office Board of County
Commissioners VS/ \-ZA\
5. Minutes and Records Clerk of Court's Office
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 27,2014 , Agenda Item Number 16A1
Approved by the BCC '
Type of Document Plat Naples Reserve Phase 2 V 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, N/A
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 JH
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 27,2014 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 9
BCC,all changes directed by the BCC have been made,and the document is ready for
_ Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revi -d 2.24.05;Revise. 1/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING L P
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
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 Nionday 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 1
exception of the Chairman's signature,draw a line through routing lines 41 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
()1 / I /li-{
4. BCC Office Board of County 71-k i ����
Commissioners `�V�/ j\Z1\1
5. Minutes and Records Clerk of Court's Office
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 27,2014 Agenda Item Number 16A1
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond- Naples Reserve Documents Attached
Phase 2
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)
I. 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, N/A
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 JH
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 27,2014 and all changes made ,o
during the meeting have been incorporated in the attached document. The County �� � , e
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,Rev_-d 2.24 t ; 'evised 11/30/12
16A i .
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION i ys L MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 'J) day of , 20 4— between
N0.02.6A41 t '•fl, 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: Naples Reserve,Phase II
B. Chapter 4 and 10 of the Collier County Land Development 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 24 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$ 4,973,672.55 -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.
16A 1
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 the Developer have caused this Agreement to be ex cyted by
their duly - thorized representatives this � 4 day of trLL 1�E/ , 20 �
SIGNE► TH' ' NCE OF: (Name of Entity)Naples AW Holdco, LLC
_�. •/f�i�,/ By:Donald Jimmy
lined Name %, /7,
Print • Name/Title
(President,VP,or CEO)V•P•
(Provide Proper Evidence of Authority)
Shea,
Printed Name /
n1`
e°v !`# -A,hid`,
ATTEST:
DWIGHT E. BROCK, CLERK \Z: `"' BOARD OF COUNTY ••MMISSIONERS
r` s OF COLLIE , FLORIDA
Deputy Clerk
App oved a to formart'd-)et�Uf @Qt1 TOM HENNING, yiAIRMAN
.ct.AtF A. Stc'r L '
Assistant County Attorney
16A 1
NAPLES AW HOLDCO LLC
Certificate
The undersigned hereby certifies as follows:
1. I am the duly elected and acting General Counsel, Corporate and Secretary of iStar
Financial Inc., a Maryland corporation, which is the sole member of Naples AW Holdco LLC, a
Delaware limited liability company(the "Company").
2. Donald Mears is a duly elected and acting Vice President of the Company,and, in that
capacity, is authorized to act on behalf of the Company, to execute and deliver instruments,
documents and certificates, and to take such other and further actions, from time to time, as such
officer deems necessary, advisable, appropriate or convenient.
IN WITNESS WHEREOF, I have affixed my signature as of January 9,2014.
Aha
A Al
Geoffrey 4114
General . ns orporate and Secre
16A, 1
PERFORMANCE BOND
BOND NO. CMS0270844
KNOW ALL PERSONS BY THESE PRESENTS:that
Naples AW HOLDCO, LLC (Name of Owner)
3232 W. Lake Mary Blvd., Suite 1410 (Address of Owner)
Lake Mary, FL 32746 (Address of Owner)
(Hereinafter referred to as"Owner") and
RLI Insurance Company (Name of Surety)
P.O. Box 3967 (Address of Surety)
Peoria, IL 61612-3967 (Address of Surety)
800-645-2402 (Telephone Number)
(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 F—^"—^^°^ e"""° °''""'""4"'° '"°•^^u".^LL Dollars
($4,973,672.55 ) 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 of a certain subdivision plat named Naples Reserve Phase II 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
16A 1 '
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 28th day of May / 2014
WITNESSES: Naples A LC
/// By
o"14(e7/114-14 v•P.
RLI Insurance Company
Lisa Pless g q Stephen A. Vann, Attorney-in-Fact
OWNER ACKNOWLEDGEMENT
STATE OF LD C-t bA-
COUNTY OF c ( t• 0 Lk--
THE FOREGOING PERFORMAKE BOND W S ACKNOWLEDGED BEFORE ME THIS DAY OF
I
0 / CJ / / , 20 1� , by ]onJA.{-b I--{ €5 (NAME
OF ACKNOWLEDGER) AS ITLE) OF 1JPc'(. S P W �4 ,(
ibex ( (NAME OF
COMPANY) WHO IS PERSONALLY NOW TO ME, OR HAS PRODUCED
1,3
Pr•
AS IDENTIFICATION.
Notary Public—State of
(SEAL /27. g ,, SANDRA M.SCHNMER
C G , Notary Public-State of Florida
d e , )/j .e+C. ' •s My Comm.Expires Jul 25,2014
Commission•DO 977434
Printed Name " ���`'°,, Bonded No*National Notary Ann.
16A 1
a-4 SURETY ACKNOWLEDGEMENT
STATE OF
COUNTY OF for y S4+
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
.2f / , 20 / f , by /41044.•v .4. 1/4 h h (NAME
OF AC NOWLEDGER)AS/h . /' c, (TITLE)OF to Vti f (NAME OF
COMPANY)WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED
AS iDE■TI'FICA.TION.
Notary Public--State of G- A
(SEAL)
Printed Name L-lt�;�p �• te,r/t h A-f
``0,111111l
,. 0 BIELENB/ii
i.
iv ,oTngy
a �.•�
4
-13\44.:UB%-‘u 4r.•
���9�f+�~•..MBEA;,:�vim/
,,,�,q
ilifIt Co,NA:
RLIR Surety POWER OF ATTO
P.00.Box 3967 Peoria, 61612-3967
Phone:(800)645-2402 Fax:x::(309(309)689-2036 RLI Insurance Compan 1
www.rlicorp.com
Know All Men by These Presentc:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make, constitute and appoint:
Lisa Pless. Stephen A.Vann,Elaine Bielenberg.jointly or severally.
in the City of Atlanta , State of Georgia its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company,and now in force to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary,any Assistant Secretary, Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 27th day of August , 2013 .
pt,cE',,,, RLI Insurance Company
SEAL . By: .r ____��
Roy C.Di Vice President
State of Illinois "4, ►,,,,,,N o% tos°"
1 ,, n,, a
SS
County of Peoria
CERTIFICATE
On this 27th day of August , 2013 ,before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock
personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
herelyin et my had and the seal of the I Insurance Company
this 1� day of 1�+ ii , Z• I 40••By: 7?. B.C.
Jacque a M. Bockler Notary Public RLI Insurance Company■rani+.
"OFFICIAL SEAL" Air
5Q, JACQUELINE M.BOCKLER ; By:
kUNO6 COMMISSION EXPIRES 0'f./lait : Roy C. Di Vice President
•
1024965020212
A0058707
16A 1
ROBAU &ASSOCIATES
PRELIMINARY OPINION OF PROBABLE COST
SUMMARY(ALL FOUR PARCELS)
GENERAL(FOUR PARCELS) $ 30,000.00
EARTHWORK $ 85,325.50
SANITARY SEWER $ 944,594.00
POTABLE WATER&FIRE $ 846,048.00
STORM DRAINAGE $ 1,028,330.00
PAVING $ 1,434,223.00
LANDSCAPING $ -
LIGHTING $ 153,000.00
TOTAL $ 4,521,520.50
Contingency(110%)of TOTAL $ 4,973,672.55
UTILITY DOCUMENT REVIEW FEE 0.75%OF SEWER AND WATER ESTIMATE $ 13,429.82
UTILITY INSPECTION FEE 2.25%OF SEWER AND WATER ESTIMATE $ 40,289.45
PAVING GRADING AND DRAINAGE REVIEW FEE 0.75%OF ESTIMATE $ 19,334.09
PAVING GRADING AND DRAINAGE INSPECTION FEE 2.25%OF ESTIMATE $ 58,002.27
LIGHTING REVIEW FEE 0.75%OF ESTIMATE $ 1,147.50
LIGHTING INSPECTION FEE 2.25%OF ESTIMATE $ 3,442.50
*FEES SHADED HAVE BEEN PAID IN FULL