Backup Documents 09/09/2014 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 417
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. 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 "Ttkkz . A4
Commissioners t/S/ ek1VA
5. Minutes and Records Clerk of Court's Office —1-C- ' I Z(12., l
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 I Department
Agenda Date Item was September 9,2014 Agenda Item Number 16-A 17
Approved by the BCC
Type of Document Plat - Isles of Collier Preserve Phase 2 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 1H
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 September 9,2014 and all changes made 1
during the meeting have been incorporated in the attached document. The County :1;4.sisIF
Attorney's Office has reviewed the changes,if applicable. tea tl� .
9. Initials of attorney verifying that the attached document is the version approved by the th e tsi
BCC,all changes directed by the BCC have been made,and the document is ready for th �, �i� ei�e
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
16417
MEMORANDUM
Date: September 26, 2014
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat and Construction & Maintenance Agreement— Isles of
Collier Preserve, Phase 2
Attached for recording is the Brandon Plat and a copy of the Construction and
Maintenance Agreement and Performance Bond referenced above, (Item
#16A17) approved by the Board of County Commissioners on September 23,
2014.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16A17
JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Minto Sabal Bay,
LLC, dated December 27, 2012 and recorded in Official Records Book 4870, Page 345 of the Public
Records of Collier County, Florida (the "Records"); as affected by Restriction and Partial Release of
Mortgage recorded in Official Records Book 4874, Page 1486 of the Records, Restriction and Partial
Release of Mortgage recorded in Officials Record Book 4941, Page 226 of the Records, Restriction and
Partial Release of Mortgage recorded in Official Records Book 4998, Page 1800 of the Records, and
Restriction and Partial Release of Mortgage recorded in Official Records Book 5054, Page 1333 of the
Records; that certain Contingent Mortgage and Security Agreement dated December 27, 2012 and
recorded in Official Records Book 4870, Page 373 of the Records; and Financing Statement Form
UCC-1 recorded December 28, 2012 in Official Records Book 4870, Page 402 of' the Records, which
encumber the lands being platted as Isles of Collier Preserve Phase 2, hereby joins in and consents to
the dedication of the plat of said lands for record, and further joins in and consents to the dedication
of' and does hereby dedicate to public use or private reservation, whichever the case may be, any
portion thereof for roads, streets and right of way, and/or easements for utilities and drainage and
purposes incidental thereto as shown on said plat.
IN WITNESS WE- EREOF the said Mortgage holder has duly executed this instrument this
l'OA'' day of e.iaYYery,.10 v-, 2014.
CDC Land Investments, Inc.
By: fidA, ilL ,iii
Print Name: ?a' y . L. l.lte -
Title: es►c.e x'\-'
STATE OF FLORIDA
COUNTY OF 0c,tktw`
The fore going instrument was acknowledged before me this I9' day of „le_?} be,,r-,
2014 by a-{".a L. tktte,.-- , as Niter_ re 5t t** , of CDC Land Investments, Inc., a Florida
corporation, who is personally know to me or has produced as identification.
(STAMP) l.,l . -45-it,)
���r�,,,•,, D®ORIW A.BROWN Print — -- --- --
I rent ame: s k�. • I. t.DW r`,
:*. . ;+: MY COMMISSION 4 EE 843929
:: :° EXPIRES:Octobe�ts,20ts Notary Public, State of Florida
'•4;4 16,V Bonded PRI Notary Pubic UrbcnrtNers My Commission Expires: 10 1,49 9. t.
Ni\11-54u002379v I
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO L6 A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 7
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 V.)4414
4. BCC Office Board of County
Commissioners -/ °k\LS\V\
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/pre ared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or mi ing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was September 9,2014 Agenda Item Number 16-A17
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond - Isles of Collier Documents Attached
Preserve 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)
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 September 9,2014 and all changes made
during the meeting have been incorporated in the attached document. The County V
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the 1 �
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
16 /ti ?
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this 4 "day of r r 4 p 220 14 between Minto Sabal Bay, LLC 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: "The Isles of Collier Preserve Phase 2"
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: the required subdivision improvements — see
attached OPC from Barraco and Associates, Inc. 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 $3,671,560.48 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 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.
16A17
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.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 914/ day ofcSe.p.kmber , 20 14.
SIGNED IN T,hE PRESENCE OF: (Name of Entity) MINTO SABAL BAY, LLC
rL` 1
ir'
By:
Pri te• na liktl. J I A Printed Name/Title: William Bullock,Vice President
.14.—42. ., :,7 (President/VP,or CEO)
Printed n.4 e ��,. �. ' �`,�. A ;� (Provide Proper Evidence of Authority)
ATTEST: , 3 fi
D ■IG T E.,.Q,RCYCK,•C 1V, BOARD OF CI d' TY C/DA/STONERS
al OF COLLIE 'AUNTY
By: G1 ° j�
ti
9atllfe l
Deputy clerk �' ,�.
Appr ed^as t form aha-fe$aIN+
TOM HENNING, CHAMAN
SG iitit71004-fte4e.Y''
AS 6'1,S+ett\-:\". C.4:Ain+ -Mem n