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Backup Documents 12/09/2014 Item #16A13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 1 3 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 he 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 6/145 4. BCC Office Board of County —TNNI lo1/4.4 Commissioners /5/ 6AV0Vc 5. Minutes and Records Clerk of Court's Office to'f6:)°," 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 missin information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was December 9,2014 Agenda Item Number 4.6-7442 Approved by the BCC ‘4=7 Type of Document Plat—Twineagles Grand Arbors Phase 2C Number of Original One Attached Block 111 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 December 9,2014 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 'j 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 16413 MEMORANDUM Date: June 10, 2015 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat— Twineagles Grand Arbors Phase 2C Block 111 Attached for your records is a copy of the agreement referenced above, (Item #16A13) adopted by the Board of County Commissioners December 9, 2014. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0e y 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 114/15 4. BCC Office Board of County k Commissioners \fi• / 5. Minutes and Records Clerk of Court's Office (a (to its— to P� PRIMARY CONTACT INFORMATION l I 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 December 9,2014 V Agenda Item Number 1•6-Al2— Approved by the BCC i ,—A—\! Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond—Twineagles Grand Documents Attached Arbors Phase 2C Block 111 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 December 9,2014 and all changes made during the meeting have been incorporated in the attached document. The County I� Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the P!/ 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 1 6 A 1 3 MEMORANDUM Date: June 10, 2015 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Construction & Maintenance Agreement and Performance Bond — Twineagles Grand Arbors Phase 2C Block 111 Attached for your records is a copy of the agreement referenced above, (Item #16A13) adopted by the Board of County Commissioners December 9, 2014. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 1 6 A 13 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 1 day of 4040% , 2015 between TwinEagles Developments AGR, LLC hereinafter r ferred to aseveloper," 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: TwinEagles Grand Arbors Phase Two C - Block 111 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: paving, drainage, water and 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 $648,880.43 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. 26A13 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 j "if day of a„ty , 2015. SIGNED IN THE PRESENCE OF: TwinEagles Developments AGR, LLC II\ nn (G3y.AG12T nEcltes I-ioNrn�S,L.L.C.,7-ES We member S-- l�P �- �T Q. By: A6 Rani CS-iccle Manacier-, �r,c.,;fS ma.ncler Printed Name Print Name/Title kion Ikleroodr,,Viice.,?rtsw (President, VP, or CEO) L.uco.s Miq A.f.._ (Provide Proper Evidence of Authority Printed name . M NtOtC E ATTEST: - ._ 3 16A13 F�� J-�� e ERK BOARD O UNTY COMMISSIONERS OF ,�,� COLLIE ORIDA By By: •- ,Clerk'' haimian Tim Nance, Chairman Approv=. as fio t, 5C'Crff A . o Assistant County Attorney I C 16A13 OFFICER'S CERTIFICATE OF AG REAL ESTATE MANAGER, INC. The undersigned officer of AG REAL ESTATE MANAGER, INC., a Delaware corporation (the "Corporation"), the manager of AGR TwinEagles Holdings, L.L.C., a Delaware limited liability company (the "Parent"), the sole member of TwinEagles Developments AGR, L.L.C., a Delaware limited liability company ("Property Owner"), does hereby certify that attached hereto as Exhibit A is a true and correct list of duly elected officers of the Corporation holding the respective offices set forth therein opposite their names, and the signatures set forth therein opposite their names are their genuine signatures. [Signature on the following page.] 1 6 A 1 3 WITNESS my hand as of this_day of , 2015. Name: Kirk W man Title: Vice President 16 A 1 3 EXHIBIT A Schedule of Officers (Attached hereto) 1 6 A 1 3 SCHEDULE OF OFFICERS OF THE CORPORATION Name of Officer Office Si n \I go , John M. Angelo Chairman of the BoardNimmhlikkay ` Adam Schwartz President&Treasurer ` *' Michael L. Gordon Vice President& Secretary I Dana G. Roffman Vice President& \ /` Assistant Secretary Joseph R. Wekselblatt Vice President& P III Assistant Secretary / William Abbate Vice President& Assistant Secretary Steven G. White Vice President& ,�`' ( �'" Assistant Secretary Michael Chang Vice President& Assistant Secretary - Kirk Wickman Vice President& ' City Assistant Secretary Forest Wolfe Vice President& ' /��` Assistant Secretary Louis Friedel Vice President& / ''�'�..,/Z� Assistant Secretary Christina Lyndon Vice President& 4/4,t'Vta, Vettil/L_ Assistant Secretary Reid Liffmann Vice President& kilkl_ Assistant Secretary --j 411'1'•, - - Allan Sternberg Vice President& Assistant Secretary ' 1 6 A 1 3 SCHEDULE OF OFFICERS OF THE CORPORATION (CONTINUED) Gregory Shalette Vice President& 1,,_______:________-1, - , .,"A..4.4111 Assistant Secretary Daniel Rudin Vice President& / Assistant Secretary Matthew Jackson Vice President & 7:7,/1.40t Assistant Secretary Ryan Klenovich Vice President & Assistant Secretary i / r Christopher M. Oka Vice President & gala y Assistant Secretary Bruce M. Stachenfeld Assistant Secretary Adeilk.-- .