Backup Documents 11/18/2014 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 6 A 9
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#I through#2 as appropriate tbr 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
2.
3. County Attorney Office County Attorney Office
1//g0/1
4. BCC Office Board of County
Commissioners J/ 1
5. Minutes and Records Clerk of Court's Office
`gym t1 I21(1LI 3:32p
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 additiorlal or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was Nov. 18,2014 Agenda Item Number 16-A9
Approved by the BCC
Type of Document Plat—Oyster Harbor at Fiddler's Creek 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 Nov. 18,2014 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. •
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. - r t� r,0
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 DOCUMENT'S CHEC;KLIS'l' & ROUTING SLIP 1 6 A 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 I 1 a��
t y
4. BCC Office Board of County Vk
Commissioners kAZ-A\
5. Minutes and Records Clerk of Court's Office fl(21I (y ;32f;rv►
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed i 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 Nov. 18,2014 Agenda Item Number 16-A9
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond—Oyster Harbor at Documents Attached
Fiddler's Creek
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 Nov. 18,2014 and all changes made x�
during the meeting have been incorporated in the attached document. The County ni=
Attorney's Office has reviewed the changes,if applicable. 11
9. Initials of attorney verifying that the attached document is the version approved by the f�f,
BCC,all changes directed by the BCC have been made,and the document is ready for the1111
Chairman's signature.
I:Forms/County Forms/BCC Fonns/Original Documents Routine Slip WWS Original 9.03.04.Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A9
MEMORANDUM
Date: November 24, 2014
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Plat, Construction & Maintenance Agreement and
Performance Bond - Oyster Harbor at Fiddler's Creek
Attached a copy of the Construction and Maintenance Agreement and Escrow
Agreement referenced above, (Item #16A9) approved by the Board of County
Commissioners on November 18, 2014.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 6 A 9
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this /8 -To day of t�C y 1� 2... , 20 (4 between
FC Oyster Harbor,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 certain plat of a subdivision to be known as: Oyster Harbor at Fiddler's Creek Phase 1
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: Roadway, drainage, water& sewer 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$2,568,995.00 -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.
1 6 A 9
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 IF. " '4 day of j c'1//c .A a g. , 20 i4' .
SIGNED IN THE PRE ENCE OF: (Name of tity) •,/0, / ter Harbor, LLC
/r By: T '�/
Printed Name �Alta[ w. K, n, \
Printed N. e/Title John Steven Kempton, Executive
(President, VP, or CEO)
/dt...441.„76 (Provide Proper Evidence of Authority)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF !BOUNTY COMMISSIONERS
OF COLL!.- COUid Y, FLORIpA
: �► • B • _ __./T/r�i
Deputy Clerk ,Bost as to Chairman's /
Appr ved as tp for TOM HENNING. Chairman
____)L ... ,
Assistant County Attorney
Scott A. Stone