Backup Documents 09/08/2015 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI A41
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 (0-2/)(0
4. BCC Office Board of County F b�
Commissioners \ r / b`2.1.\\se
5. Minutes and Records Clerk of Court's Office 6(ZS I I t L� ``('fes
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 Sept. 8,2015 t `Agenda Item Number 16-A10
Approved by the BCC
Type of Document Plat—Wing South Airpark 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?
2. Does the document need to be sent to another agency for additional signatures? If yes, N`Pc
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 Sept.8,2015 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
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature. c�
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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAi 1 r1
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to C nt A o y lice
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 0:7$//k)
4. BCC Office Board of County
Commissioners \r / /
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 Sept. 8,2015 Agenda Item Number 16-A10
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Letter of Credit—Wing South Airpark 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? '54- Lp 40V.- 5 S
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
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 Sept.8,2015 and all changes made ref
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 f the
Chairman's signature. iw
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 A 10
MEMORANDUM
Date: June 29, 2016
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Wing South Airpark Extension Plat, Construction
and Maintenance Agreement and Letter of Credit No. 7061
Attached for your records is a copy of the Construction and Maintenance Agreement
and Letter of Credit referenced above, (Item #16A10) approved by the Board of
County Commissioners on September 8, 2015.
The original Agreement and Letter of Credit will be held in the Minutes and Records
Department for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachments
16A10
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION ANQ MAINTENANCE AEEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this a5 day of t fi'ft r,/ , 20 16 between
Wing South,Inc. 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: \ Wing South Airpark Extension
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: Drainage,sewer and water 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$63,817.00 - 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.
16A10
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 Z=3. 1 day of JL/,(,i /3 / , 2016
GNED . E PRESENCE OF: (Name of Entity) Wing South, Inc.
Printed Name
t- YJ n/l iN Printed Name/Title Daniel Murray, Director
(President,VP, or CEO)
(Provide Proper Evidence of Authority)
Printed N:!1-'.;1-
-1�Z_E..M} c 7 L..
ATTEST:
DWIGHT E. BROCK,CLERK BOAR' OF COUNTY COMMISSIONERS
OF C' IER COUNT.' , FLORIDA
aatt ' a
By
' ty ' By: .. . TDeputy t4 h 8118 Chai ' ' - ,_c,N Ni Ar •t—H L_.,4-
Approvt1fand legality:
Assistant County Attorney
5(14-)",-7 ,0.. "Die"A...7E
16A10
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7061
IBERIABANK
ISSUER: IBERIABANK, 1120 Jefferson Terrace Boulevard, New Iberia, Louisiana, 70560
PLACE AND DATE OF ISSUE: IBERIABANK, 285 West Esplanade Avenue, Kenner, Louisiana
70065 on May 17, 2016
PLACE OF EXPIRY: At Issuer's counters located at 2150 Goodlette Road North, Naples,
Florida 34102
DATE OF EXPIRY: This Credit shall be valid until the 17th day of May, 2017 and shall thereafter
be automatically renewed for successive one-year periods on the anniversary of its issue unless
• at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in
writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: Wing South, Inc., a Florida not-for-profit corporation (hereinafter"Applicant")
whose business address is 4130 Skyway Drive, Naples, Florida 34112.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c/o Engineering Services, 2800 North Horseshoe Drive, Naples, Florida 34104
AMOUNT: $63, 817.00 (U.S.), Sixty three thousand eight hundred and seventeen and no/100
dollars, up to an aggregate thereof.
CREDIT AVAILABLE WITH: IBERIABANK
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY
16A10
BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR
DESIGNEE, CERTIFYING THAT: Wing South, Inc., a Florida not-for-profit corporation has
failed to construct and/or maintain the improvements associated with that certain plat of a
subdivision known as Wing South Airpark Extension or a final inspection satisfactory to Collier
County has not been performed prior to the date of expiry, and satisfactory alternative
performance security has not been provided to and formally accepted by the Beneficiary.
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under
IBERIABANK; Credit No. 7061, dated the 17th day of May, 2016."The original letter of credit
and all amendments, if any, must be presented for proper endorsement. Draft(s) may be
presented within the State of Florida at the following address: IBERIABANK, Attention: Karen
Shawdee, 2150 Goodlette Road North, Naples, Florida 34102
This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document,
instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this credit will be duly honored by Issuer if presented within the validity of this credit.
This credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision), International Chamber of Commerce Publication No. 600.
IBERIABANK
t "
By:
Name: 6?_iaa 3 )
Title: ,r�