Backup Documents 07/08/2014 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & KU Ul'11V G SL
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO R , A
T
5
HE 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 tcAZAV4k
4. BCC Office �.
Board of County —t
Commissioners \Mg \z.A`) \
5. Minutes and Records Clerk of Court's Office CONTACT INFORMATION yv\ L) t0L 24
, IfV\
PRIMARY CONT 1
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 addition 1 or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was July 8,2014 Agenda Item Number 16-A5
Approved by the BCC
Type of Document Plat - Raffia Preserve Phase 3 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 . 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 8,2014 and all changes made
.il
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.
1: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 L IILCKL1s 1 cat Iwu 1 inur 31-4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 11 6 A 5 4
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 Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures.dates,and/or information needed. lithe 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
2.
3. County Attorney Office County Attorney Office lO AL\
4. BCC Office Board of County b
Commissioners \l�/ \o\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 l
Agenda Date Item was July 8,2014 v Agenda Item Number 16-A5
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond - Raffia Preserve Documents Attached
Phase 3
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 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! 4
8. The document was approved by the BCC on July 8,2014 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.
OM iki4lat
9. Initials of attorney verifying that the attached document is the version approved by th. 01.1SVM
BCC,all changes directed by the BCC have been made,and the document is ready for th- ++ a
Chairman's signature. ROW
I.Forms/County Fonms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise t-2.. 4.05;Re' ed 11/30/12
16A 5
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this L. v yr day of o,7&p j. / , 20 14
betweenWCt Co«.'"•^{',v Waereinafter 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: (Zak-c;q x,rv� ph 5q_ ,3
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: 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$ 1,782,200.44 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.
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
16A5
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
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 5
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly t authorized representatives this 2., I. a� day of
st `!.'` / , 20 14--
SIG ED IN T P)RSENCE OF: WCI COMMUNITIES, LLC
,, , /-2-- A Delaware limited liability company
.F • ,
Witness: By: '®---
a l'vit-rn,,�
Printed N- e: C aARA 4-EAKIN(2 Printed Name: Paul Erhardt
/ i _I I, :7) Title: Senior Vice President
Witn .
c3 S5C',:eZ
Printe Name: M ' 3 'Si) L..C`sti'i
Acceptance by Grantee:
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
/ .
DWIGHT E.BROCK'.CLERK e . Om...'
TOM HENNING, C • IRMAN
By ..
` Attest3S C. Chai an's
Deputy Clerk
signature o'
Approved as to form and legality:
Scott A. Stone, Assistant County Attorney
1
6A 5
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. SUR20000213
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI COMMUNITIES, LLC
24301 WALDEN CENTER DRIVE, BONITA SPRINGS, FL 34134
(hereinafter referred to as "Owner")and IRONSHORE INDEMNITY, INC.,ONE STATE STREET PLAZA, 7TH
FLOOR,NEW YORK,NY 10004(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 Million Seven Hundred Eighty-Two
Thousand Two Hundred and 44/100 Dollars($1,782,200.44) 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 Raffia Preserve 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 29th day
of August,2014.
itne_S; WCI Communities, LLC
A,3.,e IJS,�k- Principal
C4.J; / c.d " itness V t?Res,c- -�
Ironshore indemnity, Inc.
5ur3,te
S Witness Tracy L. ' arlile, Attorney In Fact
�A
Cv N1g.>fi A
POWER OF ATTORNEY 16 A 5
in- 20000213
Ironshore Indemnity Inc.
KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York,NY does
hereby constitute and appoint:Chris Dobbs,Jalene Brown,and Tracy L.Carlile 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 IRONSHORE INDEMNITY INC.on the
22"d day of April,2013 as follows:
Resolved,that the Director 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 $7,500,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the 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,IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this
7th day of August,2013
IRONSHORE INDEMNITY INC.
4 1
By: i�Ig
su, Di - L. w.�
Director
ACKNOWLEDGEMENT
On this 7th Day of August,2013,before me,personally came Daniel L.Sussman to me known,who being duly sworn,did depose and say that he is the
Director of Ironshore Indemnity, Inc. ,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.
"'s AMY L.TAYLOR ,Lei l(
T Notary Public-State of Tennessee U
Davidson County Amy L.T
My Commission Expires 01-09-16 Notary Public
CERTIFICATE
I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of
which the foregoing 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 Sealed at this 29th Day,of, August ,20 14
, leis
eEAL
'i�� Veal S.
Secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading 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 5
POWER OF ATTORNEY
III- 20000213
Ironshore Indemnity Inc.
KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York, NY does
hereby constitute and appoint:Chris Dobbs,Jalene Brown,and Tracy L.Carlile 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 IRONSHORE INDEMNITY INC.on the
22"d day of April,2013 as follows:
Resolved, that the Director 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 $7,500,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the 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,IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this
7th day of August,2013
IRONSHORE INDEMNITY INC.
�`�"' e. By: AL '
SEAL
1919 Da - L.Sus e
Director
ACKNOWLEDGEMENT
On this 76 Day of August,2013,before me,personally came Daniel L.Sussman to me known,who being duly sworn,did depose and say that he is the
Director of Ironshore Indemnity, Inc.,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.
NOTARY NUM-STATE OF NEW YORK Aft/v1)" ,
No. 01 116222764 LC j
OuaH Now York In Now ork tk County
My Commis on holm June 01, 2014 Notary Public
CERTIFICATE
I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of
which the foregoing 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 Sealed at this 29tH Day of August ,20 to
°
SEAL
1E19
secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent
insurance act,which is a crime and subjects such person to criminal and civil penalties."
: ,
16A5
ACKNOWLEDGEMENT OF SURETY
State of Tennessee
County of Wilson
On this, 29th day of August, 2014, before me a Notary Public, of the State and
County aforesaid, personally appeared, Tracy L. Carlile, Attorney-in-Fact of
Ironshore Indemnity Inc., who acknowledged that she being so authorized,
executed Bond Number SUR20000213, Subdivision Performance Bond for WCI
Communities, LLC in favor of Collier County, Florida.
In Witness hereof, I here unto set my hand and official seal.
. ()aritiAk---
Jalene Brown, Notary Public
Notary County of Residence: Sumner
Notary Commission Expires: 5/25/2016
SEAL:
'• TAT;:-...'''' ''%.
C
■ T
n F'4 i<L;,r• I•tefutl6AftGitot-,��
16
A
CORPORATE ACKNOWLEDGMENT FORM
STATE OF FLORIDA
COUNTY OF LEE
On this 2 day of September, 2014, before me personally appeared Sheila Leith to me known,
who, being by me first duly sworn, did depose and say that she is a Vice President- of WCI
Communities, LLC., a Delaware corporation, being the corporation described in and which executed
the foregoing instrument; that she knows the corporate seal of said corporation; that the corporate seal
affixed to said instrument is such corporation's seal; that such seal was so affixed by order and
authority of the Board of Directors of said corporation; and that she signed her name thereto by like
order and authority.
My commission expires: -k
Notary Pu c
State of Florida
,,,;��+..�--, RUTH J. MARIANETTI
Ruth J. Marianetti
=t'` . Notary Public,State of Florida Printed Name of Notary Public
'`'" My comm. expires'��r„”"o'��`` Commission Number FF1106307
FF /66307
Notary Public Commission Number
. ,
16A5
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