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Backup Documents 10/13/2015 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Ric' tot is TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 'Vol& THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI n The completed routingslip and original documents are to be forwarded to the('ounty. tor y Office Print on pink paper. Attach to original document. p p g 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-b/134S 4. BCC Office Board of County Commissioners VI\r/`/ Io[`4VS 5. Minutes and Records Clerk of Court's Office 10ct4k5 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 October 13,2015 Agenda Item Number 16-A l l Approved by the BCC Type of Document Release 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 jqf 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 October 13,2015 and all changes made ,2 , during the meeting have been incorporated in the attached document. The County UA 6ii Attorney's Office has reviewed the changes,if applicable. ,„� 9. Initials of attorneyverifying that the attached document is the version approved bythe � t fi'� g Pp BCC,all changes directed by the BCC have been made, and the document is ready for t 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 I S- E. t s_ O /'%`s- 16A Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, October 23, 2015 4:22 PM To: Houldsworth, John Subject: Item #16A11 (10-13-2015 BCC Meeting) Attachments: Item #16A11.pdf Hi Johvt, The Orchid Cove Release that was approved by the Board or. October 13 (#16A11)just cawte back from the Recordivtg Departvvtevtt; there's a recorded copy is attached for you avid the very last page is a receipt for the Recordivtg charges. Please let vete kvtow if I should do avtythivtg else, like sevtd a copy to the Covtdovvtivtiuwt Associatiovt. Have a voce weekevtd, Avtvt Jevtvtejohvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustwtevtt Board Collier Couvtty Board Mivtutes & Records Dept 1 INSTR 5184871 OR 5205 PG 2618 RECORDED 10/19/2015 3:21 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$35.50 RELEASE AGREEMENT 1 6 A 1 1' Collier County, Florida ("County") and Orchid Cove at Port of the Islands Condominium Association, Inc. ("Association") hereby enter into this Release Agreement ("Agreement") with regard to the Performance Bond for Site Development Plan improvements posted by Bayview Villas, LLC, a dissolved Florida company ("Developer") in the amount of$20,887.68. WHEREAS, on January 10th, 2008, Developer provided the County with a cash performance bond in the amount of $20,887.68 to guarantee performance of sidewalk improvements ("Improvements") associated with the Site Development Plan for Orchid Cove (SDP-2004-AR-6836) in accordance with Land Development Code Section 10.02.03 D.5.b; and WHEREAS, the Improvements have not been completed, and the Developer is now a dissolved company. As such, the County is authorized to call on the cash bond in order to ensure satisfactory completion of the Improvements; and WHEREAS, the Association is requesting the $20,887.68 in order to complete the Improvements. An authorized representative of the Developer has agreed to allow the cash bond to be released to the Association, as indicated on the letter dated September 2, 2015, attached hereto; and WHEREAS, the Association and the County agree that the Association shall be allowed to use the cash bond money in order to complete the Improvements in accordance with the LDC. NOW THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, and with the intent to be legally bound, the County and Association agree to settle on the following terms: 1. The County shall release and cause to be paid on behalf of Developer and any successor developers the cash bond in the amount of$20,887.68 within 30 days from the date of this Release Agreement in full settlement of all claims and disputes by the Developer or Association relating to the sidewalk improvements associated with same. The check shall be made payable to Orchid Cove at Port of the Islands Condominium Association, Inc. 2. The Association shall use the $20,887.68 for the sole purpose of completing the sidewalk improvements associated with the Site Development Plan for Orchid Cove (SDP-2004-AR-6836). 3. The Association does hereby, and on behalf of all successors and assigns, release and forever discharge the County and their agents, servants, employees, heirs, personal representatives, assigns and successors, and all other persons, firms or corporations connected therewith, of and from any and all claims, demands, causes of action, damages,judgments or suits at law and equity of whatsoever kind,through the date of this release whether due or not, direct or contingent, liquidated or un-liquidated, 9/3/15 , , 16 A ...., patent or latent, known or unknown, in any way arising out of or relating to those sidewalk improvements associated with that Site Development Plan for Orchid Cove (SDP-2004-AR-6836). 4. The County and Association acknowledge and agree that this Release Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers. employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 5. This Release Agreement may be amended only by a written instrument specifically 1 referring to this Release Agreement and executed with the same formalities as this Release Agreement. 6. The prevailing party shall be entitled to attorney's fees and costs in connection with any enforcement action under this Agreement. 1 IN WITNESS WHEREOF, the County and the Association havegaused this Agreement to be executed by their duly authorized representatives this 13day ofothobi,r-, 20 NS A4A4 By: Orchid Cove a* Ii4t1c-k- R 161 Arvi -5 Co 4:w AIN,A 556 C.ick+:0A,tale-- 11111110,4% Albilr's... ...,_,/,,,P _ . l'-.. 4 • ' fbe400/1 ksyc H u A.ct,,t. S 0:14\Aer S aril ,d or Tyted Name Printed or Td Name / „I , , , 44,-) , ......._._ c&tbat-a)14 m;11-, Printed or Typed Name A 11151 : BOARD OF COUNTY COMMISSIONERS OF COLLIERS„.O.L111 t,ffY, F ORIDA DWIGHT F. BROCK, CLERK By: 4 L. N I . L .; ;-,,, ,,,,A4,, 4- -( , TIM NANCE jaw Deptcsi , vUllit. i. MI -a CI'AIRMAN signature ono 9,3'15 0 16 Approved as to form and lega ity: I Scott A. Stone Assistant County Attorney 9/315 16A11 BAYVIEW VILLAS, LLC 3050 N. HORSESHOE I?RIVI SUITE 105 NAPLES,FLORIDA 34104 September 2, 2015 To Whom It May Concern, I, William T. Higgs, Managing Member of Bayview Villas, LLC hereby does not object to the release of the cash bond for the Orchid Cove sidewalks(AR#6836) to the Orchid Cove Condominium Association. i Wiliiai Higgs I 1 1 4"