Backup Documents 12/13/2016 Item #16A28 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 A
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 1 S/ l-
4. BCC Office Board of County 1d
Commissioners \A\r/I
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 December 13,2016 Agenda Item Number 16-A 28
Approved by the BCC
Type of Document Plat Map -Stonecreek Plat Two Number of Original e 0
Attached ���-GS ^ 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 13,2016 and all changes made /
during the meeting have been incorporated in the attached document. The County rz P,e rhe
Attorney's Office has reviewed the changes, if applicable. � �ak • lk
r�
9. Initials of attorney verifying that the attached document is the version approved by the l 9�xi
BCC,all changes directed by the BCC have been made,and the document is ready for •e zk
Chairman's signature tsr
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 2 8
MEMORANDUM
Date: January 6, 2017
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
P
Minutes & Records Department
Re: Plat— Stonecreek Plat Two
Attached is a copy of the aforementioned document as referenced above, (Item
#16A28) approved by Board of County Commissioners on Tuesday, December
13, 2016.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
16428 8
This Instrument prepared by and after recording return to:
(enclose self-addressed stamped envelope)
Parklands Associates 1,LLLP
1600 Sawgrass Corporate Parkway,Suite 400
Sunrise,Florida 33323
Attn: Clayton M. Ratliff,Esq.
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
MORTGAGEE JOINDER AND CONSENT TO PLAT
BANK OF AMERICA, N.A., as Agent ("Mortgagee"), by virtue of that certain
Assignment of Mortgage and other Loan Documents recorded November 5, 2014 in Official
Records Book 5092, at Page 358 of the Public Records of Collier County, Florida (the
"Assignment"), being the owner and holder of the following loan documents given in connection
with the loan evidenced by such loan documents, all as amended and/or modified from time to
time (collectively, the "Loan Documents"): (i) Real Estate Mortgage, Assignment and Security
Agreement given by Parklands Associates I, LLLP, a Florida limited liability limited partnership
("Borrower") in favor of Florida Residential Funding, LLC, dated October 31, 2014 and
recorded November 5, 2014 in Official Records Book 5092, at Page 338, as modified by that
certain Mortgage Modification Agreement and Notice of Future Advance, dated January 8, 2015,
and recorded January 12, 2015 in Official Records Book 5111, at Page-1914, both of the Public
Records of Collier County, Florida; and (ii) any other collateral loan documents securing the
indebtedness referred to in the Loan Documents; which Loan Documents encumber the real
property described in Exhibit "A" attached hereto and made a part hereof(the "Property"), does
hereby consent to the platting (the "Plat") of said Property, which Plat has been identified as the
plat of PARKLANDS —PLAT TWO and prepared by Rhodes & Rhodes Land Surveying, Inc.
By execution hereof, the Mortgagee does hereby join in and consent to the dedication of
the Property by the owner under the Plat of PARKLANDS — PLAT TWO, as recorded in Plat
Book , Page of the Public Records of Collier County, Florida, and agrees that its
mortgage shall be subordinated to the dedication shown thereon. This joinder shall be binding
upon Mortgagee, its successors and assigns.
[Signatures and acknowledgment appear on the following page]
1 6 A 2 8
, ......,/
In Witness Whereof, Mortgagee has caused this instrument to be executed as of the
day of December, 2016.
Signed, sealed and delivered in BANK:
the presence of:
BANK OF AMERICA, N.A., a national
banking association, as Agent
/ A - li/ ' B 0. i3..., ♦ t3ti~"�i
0"-4
Print Nam J i, ,1 /'. ,,i1 Nam: U' ji'i -ii,
1.(4.9
Title: ✓iu fr�Si/t41-f
Pnnt Name: Fe, is hii Torre [CORPORATE SEAL]
STATE OF FLORIDA )
) SS
COUNTY OF ORANGE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by .A4i.Gg 2 t`net,62, as 4e
of BANK OF AMERICA, N.A., a national banking association, as Agent, freely and voluntarily
under authority duly vested in him by said bank. He is personally known to me or produced
1 RSaN(i\. y N.1(,,,►N as identification.
WITNESS my hand and official seal in the County and State last aforesaid this a3Ad
day ofDec..e.i..,\at 2 , 2016.
-Artv.kj<
Notary Public, State of orida
-.E,i4 N Ck\• \-\e*k4-1
My Commission Expires: Typed, Printed or Stamped Name of Notary Public
S _ SUSAN M.HAWK
$ _ % Notary Public,State of Florida
Commission#FF 181319
III
My comm.expires Sept.18,2018
EXHIBIT "A" 1 6A28
Legal Description of the Property
ALL OF TRACT "F-1", AND A PORTION OF TRACT "OS-7", ACCORDING TO THE PLAT
PARKLANDS - PLAT ONE, AS RECORDED IN PLAT BOOK 58, PAGES 37 THROUGH 66 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF TRACT "OS-7"
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "OS-7", PARKLANDS - PLAT ONE, AS
RECORDED IN PLAT BOOK 58, PAGES 37 THROUGH 66 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, THENCE ALONG THE WESTERLY BOUNDARY OF SAID
TRACT "F-1" SOUTHWESTERLY, 224.23 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL
ANGLE OF 12°07'12" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH 38°54'40"
WEST, 223.81 FEET TO A POINT ON A NON-TANGENTIAL CURVE AND TO THE POINT OF
BEGINNING; THENCE SOUTHEASTERLY, 8.18 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 475.00 FEET, THROUGH A
CENTRAL ANGLE OF 00°59'10" AND BEING SUBTENDED BY A CHORD THAT BEARS SOUTH
64°04'15" EAST, 8.17 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY, 35.85
FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 82°10'06" AND BEING
SUBTENDED BY A CHORD THAT BEARS NORTH 75°20'17" EAST, 32.86 FEET TO A POINT OF
COMPOUND CURVATURE; THENCE SOUTHWESTERLY, 98.15 FEET ALONG THE ARC OF A
CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,030.00 FEET,
THROUGH A CENTRAL ANGLE OF 05°27'36" AND BEING SUBTENDED BY A CHORD THAT
BEARS SOUTH 31°31'26" WEST, 98.12 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE NORTHERLY, 40.86 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 93°39'07"
AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 18°01'55" WEST, 36.46 FEET TO
A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY, 3.13 FEET ALONG THE
ARC OF A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 425.00
FEET, THROUGH A CENTRAL ANGLE OF 00°25'17" AND BEING SUBTENDED BY A CHORD
THAT BEARS NORTH 65°04'07" WEST, 3.13 FEET TO A POINT ON A NON-TANGENTIAL
CURVE AND TO AN INTERSECTION WITH THE NORTHWESTERLY BOUNDARY OF SAID
TRACT "OS-7"; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY BOUNDARY OF
TRACT "OS-7", 50.32 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1,060.00 FEET, THROUGH A CENTRAL ANGLE OF
02°43'11" AND BEING SUBTENDED BY A CHORD THAT BEARS NORTH 31°29'28" EAST, 50.31
FEET TO THE POINT OF BEGINNING.
PORTION OF TRACT "OS-7" CONTAINS 1,758 SQUARE FEET OR 0.04 ACRES, MORE OR LESS.
OVERALL PARCEL CONTAINS 108.29 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE
26 EAST PER PLAT OF PARKLANDS - PLAT ONE, AS RECORDED IN PLAT BOOK 58, PAGES
37 THROUGH 66 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA , AS BEARING
NORTH 89°49'21" EAST.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
4 2 8
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
Commissioners (.7/ 1\41\--i
5.
t-
5. Minutes and Records Clerk of Court's Office
L I 3•�,��
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 December 13,2016 t. Agenda Item Number 16-A 28
Approved by the BCC
Type of Document Construction and Maintenance Agreement Number of Original Two
Attached and Bond -Stonecreek Plat Two 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,
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 13,2016 and all changes made ° '
during the meeting have been incorporated in the attached document. The County .iet: r Vs
Attorney's Office has reviewed the changes,if applicable. r.t• .tz :
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 t a -,)
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
MEMORANDUM 1 (, Q
Date: January 6, 2017
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and Performance
Bond — Stonecreek Plat Two
Attached is a copy of the aforementioned document as referenced above, (Item
#16A28) approved by Board of County Commissioners on Tuesday, December
13, 2016.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment
6 A
L.
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this 15 114 day of d , 20 Op
between Parklands Associates I, LLLP., a Florida limited liability company, 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:
StoneCreek Plat Two.
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 water, sewer, paving and drainage
improvements 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$3,556,988.60 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.
A16
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 required 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 e 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 c ued this
Agreement to be executed by their duly authorized representatives this 13 t 41 day of
ti)C.G , 20 lti
SIGNED IN THE PRESENCE OF: PARKLANDS ASSOCIATES I, LLLP.
By: (k)./A--
Printed name: (+c «i Name: W‘tk.4A,m �M. ►=,AJC
Title: b of (A'4 Dt.0 .coP K"ir
Printed nanfe: ('T-r-c!ph.-77`1-5,.r-v.i
AT FEST:•,('
BOA OF CO TY COMMISSIONERS
DWIGIT; .SRO K, CLE OF LIER CO T FLORIDA
"b► By: 0
Depu y OF* Attest as to Chairman's 11),o.- F:ctk, Clog:r"ne,i>
Ai ,r4Se •as to Willyittimcietyal
IF
r, _ . •County County Attorney