Backup Documents 05/10/2016 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNALU6 /"1 14
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#I 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
4. BCC Office Board of County b F 10`S fi
Commissioners
:AA <j/4t'
5. Minutes and Records Clerk of Court's Office
5112110,31
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 /I
Contact/ Department
Agenda Date Item was May 10,2016 Agenda Item Number 16-A,1-2' j L/
Approved by the BCC
Type of Document Agreement—846 Land Mine Number of Original One
Attached Documents Attached
PO number or account L_' O r t , ,�1
number if document is �
to be recorded �e�G� k'o I% "t\
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Apable)
1. Does the document require the chairman's original signature? s(1p CAS
2. Does the document need to be sent to another agency for additional signatures? If yes, ' `�
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 JH
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 10,2016 and all changes made
during the meeting have been incorporated in the attached document. The County 1
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. `` a
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.21.05;Revised 11/30/12 vcipat
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MEMORANDUM
Date: May 12, 2016
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re a: Excavation Performance Agreement and alternate excavation
performance security to replace an existing excavation performance
security for the State Road 846 Land Trust Mine Project;
Commercial Excavation Permit 59.703-2
Attached for your records is a copy of the document referenced above, (Item #16A14)
approved by the Board of County Commissioners on Tuesday May 10, 2016.
An original agreement will be held by the Minutes and Records Department in the
Official Records of the Board and the second original will be sent to the applicant,
as requested.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT (this "Agreement") entered into
this lOt day of Nrq , 2016 between 27th/Pico Boulevard Limited Partnership,
hereinafter referred to as-"Developer," and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 of the Land Development Code
(collectively, the "Excavation Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. 59.703-2 (the "Excavation
Permit").
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 agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$500,000.00.
3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. 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 Excavation Work. The Developer, as principal under the excavation
[08-C0A-00115/1209269/11
WPBDOCS 8910129 5
16A14
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction by the Board, 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 Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
8. This Agreement is contingent upon Developer closing on the purchase of the
property subject to the Excavation Permit (and evidence of said conveyance is
provided to the County). In the event this condition is not satisfied, the
performance security shall be returned to Developer, and this Agreement shall be
null and void.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 1O day of Maui , 2016.
SIGNED IN THE PRESENCE OF:
27th/Pico Boulevard Limited Partnership
Sign:
By: CSA
Eddie Leevan, Director, Millennium Holdings,
Inc., its General Partner
Printed Name C .IA 1-- A-0
Sign:
Printed Name ? 44,- 3 `Y
[08-C OA-00115/1209269/1J
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0
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ATTEST:
BOARD F COUNTY COMMISSIONERS
OF CO IER COUNT, , FLORIDA
DWIGHT E. BROCK, CLERK By.
Do na Fiala, Chairman
BY: 1
Attest ai n's
OfifAlfScPaVto form and legality:
mow
tkill/A°
Scot A. Stone
Assistant County Attorney
Item# kVA%4
Agenda51b - ,
Date
Date
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seputyC
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[08-COA-00115!1209269!1]
W PBDOCS 8910129 5
Collier County I 6 A 14
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2016310187
Transaction Number: 2016-Q16825
Date Paid: 03/24/2016
Amount Due: $500,000.00
Payment Details: Payment Method Amount Paid Check Number
Cash $500,000.00
Amount Paid: $500,000.00
Change / Overage: $0.00
Contact: 27th/Pico Boulevard II, LP and Mulberry Street Partners, LLC
c/o Florida Blue Jay, LLC
Palm Beach, FL 33480
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Refundable Bonds PL20100000204 $500,000.00 $500,000.0 670-000000-220113
0
Cashier Name: AlinaHarris
Batch Number: 5153
Entered By: ValerieKullick
), �,,b:-f ,- 1 6 A 14
ASSIGNMENT OF CASH BOND
For good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Mulberry Street Partners, LLC, a Kentucky limited liability company, and
27th/Pico Boulevard II Limited Partnership,a California limited partnership(individually and
collectively, "Assignor"), assigns and transfers to 27th/Pico Boulevard Limited Partnership, a
California limited partnership ("Assignee"), all right, title, and interest in and to that certain cash
bond in the amount of$500,000.00 deposited with Collier County, Florida on or about March 24,
2016 in connection with Excavation Permit No. 59.703-2, reference number PL20100000204
(the"Deposit"),and Assignee hereby accepts the foregoing assignment of the Deposit.
IN WITNESS WHEREOF,the parties have executed this instrument effective as of April
1,2016.
AS SIGNOR:
Mulberry Street Partners,LLC,a
Kentucky limited lability company
Eddie Leevan,'Manag�r''
27th/Pico Boulevard II Limited
Partnership, a California limited
partnership
By: Millennium Holdings,Inc.,a California
corporation(d/b/a in Florida as Millennium
Holdings of California, Inc.),its General
Partucr
L., A.,,,--'-------'-
Eddie Lee ,Director
ASSIGNEE:
27th/Pico Boulevard Limited Partnership,
a California limited partnership
By: Millennium Holdings,Inc.,a California
corporation(d/b/a in Florida as Millennium
Holdings of California, Inc.),its General
Partrie% � 1
`
I 7\......„.,
1 f i_
Eddie Lee ,Director
WPBDOCS 8926544 2
0