Backup Documents 03/13/2018 Item #16A4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6
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('minty 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 11I through#2 as appropriate for additional signatures,dates,and/or information needed. lithe document is already complete with the
exception of the Chairman's signature,draw a line through routing lines III 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 Wrn
Commissioners 41 .•
5. Minutes and Records Clerk of Court's OfficeZ� i 4
p3r,21
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 March 13,2018 Agenda Item Number 16-A4
Approved by the BCC
Type of Document Plat—Maple Ridge Phase 6A Number of Original One
Attached Documents Attached
PO number or account Plat
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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, 144,
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 March 13,2019 and all changes made .a�
during the meeting have been incorporated in the attached document. The County 1,9
Attorney's Office has reviewed the changes, if applicable. inc:. t ,
9. Initials of attorney verifying that the attached document is the version approved by the s. .
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.g Fktt. A!r,�°
1: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 1 6 A 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prinl 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 he 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 112,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
W/Pr-
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office %I' l / tAV� 111-r
LctI `/I '
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 March 13,2018 Agenda Item Number 16-A4
Approved by the BCC
Type of Document Construction & Maintenance Agreement& Number of Original Two
Attached Bond —Maple Ridge Phase 6A 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? N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, --1197
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 jff
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 March 13,2019 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. 0.7
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 4
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, October 1, 2019 10:17 AM
To: JohnHouldsworthVEN; MartinLucia
Subject: PLAT - Maple Ridge Phase 6A is ready for pick-up at the counter.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
,;<( 4. Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
`'x,�A �<`r 3329 Tamiami Trail E, Suite#401
Naples, FL 34112
www.CollierClerk.com
1
16A4
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 22nd day of / /August , 20 19 between
CC AVE MARIA 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: Maple Ridge at Ave Maria Phase 6A
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 36 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$597,454.58 - 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.
16A4
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 Zami day of / / 2019 .
SIGNED IN THE PRESENCE OF: (Name of Entity) CC Ave Mafia, LLC
By:
"641 >
Printed Name IAd�Ieir ZBr Goguen
ti /^ Printed Name/Title
(President,VP,or CEO) Vice President
C.
5b0\ (Provide Proper Evidence of Authority)
Printed Name
ATTEST:
BOARD OF C• �' COM ' - TONERS
, I
CRYSTAL K. NZEL;;CLER1( OF •L I-- • , FLORID
By: 1��, ` �Vt. k �� - , By: _
Deputy Clerk .' I At?OS Ct3211i11a11 S
.,WILLIAM L. MCDANIEL R• C AIRMAN
Approved as.to form and IegS( 9u1U CIfly �
Sally A.Ashkar,Assistant County Attorney
16A4
PERFORMANCE BOND
No. 107107246
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables, Florida 33134
(hereinafter referred to as"Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
(800) 873-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Five Hundred Ninety Seven Thousand Four
Hundred Fifty Four Dollars and Fifty Eight cents ($597,454.58) in lawful money of the United States,
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for
singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain subdivision plat named Maple Ridge at Ave Maria Phase 6A and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances and
Resolutions (hereinafter"Land Development Regulations"). This obligation of the Surety shall commence
on the date this Bond is executed and shall continue until the date of final acceptance by the Board of
County Commissioners of the specific improvements described in the Land Development Regulations
(hereinafter the"Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall
in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
16A4
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this_15th_day of August 2019.
WITNESSES: CC Ave Mara, LLC
By: _41(—,
Printed Name SermiNA C . t►R.b1 Brian Goguen, Vice Presid•
Print Name/Title
! yaaW. uQLt
Printed Name . i j Ly llct 1'U-C 11 Val
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF
_August_,2019, BY Brian Goguen Vice President OF CC Ave Maria LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
iwww— ♦ iV1-1 J.
Notary Public- State of Florida � _., DIANE L VIGNERI
4 ,. MY COMMISSION#GG 002374
thi
A r� EXPIRES:July Public
2020 (SEAL)
Bonded TtYu Notary Public
r—r
Printed Name 0/44EZ. V/ / i
WITNESSES: Travelers Casualty a ,,, "urety Comp. of America
By: C
s.,L
Printed Nhme Huntley A. Hornbeck, II Attorney in Fact
(Provide Proper Evidence of Authority)
5j Corr-
Printed
or Printed Name
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF
_August_, 2019_, BY Huntley A. Hornbeck, II AS ATTORNEY IN FACT OF TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA WHO PERSONALLY KNOWN TO ME, OR HAS
PRODUCED AS IDENTIFICATION.
[15-LDS-01664/1153600/1]
16 * ', 1
Notary Public-State of Florida
o•r;':.'y . KRISTIN M.NEIERT
f : : MY COMMISSION#GG 079764
"' ' SEAL)
...
`" .rEXPIRES May 5,2021
i ! i,' - nkriv(fA ....<41):0:0''Bonded Thru Notary Public Underwriters
Printed Name: Kristin M. Neiert
[15-LDS-01664/1153600/1]
16A4
Ex parte Items - Commissioner William L. McDaniel, Jr.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 13, 2018
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
ADVERTISED PUBLIC HEARINGS
11.E. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation
to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment
Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi,
Planning and Zoning Division Director)
NO DISCLOSURE FOR THIS ITEM
❑ SEE FILE ❑Meetings ❑Correspondence ®e-mails riCalls
Met with Rich Yavonavich, Francesca Passidomo and David Genson 3/8/18
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number
PL20170002650) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE nMeetings I 'Correspondence ❑e-mails P]Calls
16A4
Ex parte Items - Commissioner Taylor
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 13, 2018
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
ADVERTISED PUBLIC HEARINGS
11.E. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation
to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment
Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi,
Planning and Zoning Division Director)
NO DISCLOSURE FOR THIS ITEM
SEE FILE XMeetings XCorrespondence Xe-mails XCalls
Meeting with Rich Yovanovich & David Genson (Barron Collier) on
Monday, March 12, 2018 and on Monday, October 16, 2017
Meeting with Bill and Pat Barton on Monday, July 24, 2017, Wednesday,
November 15, 2017 & Thursday, January 18, 2018 and various phone
conversations
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number
PL20170002650) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence De-mails ['Calls
16A4
Ex parte Items - Commissioner Burt L. Saunders
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 13, 2018
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
ADVERTISED PUBLIC HEARINGS
11.E. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation
to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment
Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi,
Planning and Zoning Division Director)
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I 1Meetings Correspondence ®e-mails I 'Calls
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number
P120170002650) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
SEE FILE I (Meetings I 'Correspondence Xe-mails I )Calls
16A4
Ex Parte Items - Commissioner Donna Fiala
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 13, 2018
ADVERTISED PUBLIC HEARINGS
11.E. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation
to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment
Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi,
Planning and Zoning Division Director)
X NO DISCLOSURE FOR THIS ITEM
SEE FILE (Meetings (Correspondence ❑e-mails ❑Calls
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number
PL20170002650) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
X NO DISCLOSURE FOR THIS ITEM
n SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls
Ex parte Items - Commissioner Andy Solis 1 6 A 4
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA
March 13, 2018
CONSENT AGENDA
16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in. Recommendation to
approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number
PL20170002650) approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
❑ NO DISCLOSURE FOR THIS ITEM
SEE FILE ❑Meetings ❑Correspondence e-mails ❑Calls