Backup Documents 05/22/2018 Item #16A5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR
#
Print on pink paper. Attach to original document. The completed routing slip and original documents arc 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.
**NEW** ROUTING SLIP
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
n
4. BCC Office Board of County
Commissioners s / Vq\`e�
5. Minutes and Records Clerk of Court's Office
qi d"‘:4p
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 Jodi Hughes Phone Number x-5744
Contact/ Department �
Agenda Date Item was 5/22/18 11/ Agenda Item Number 16A5
Approved by the BCC
Type of Document Bond,Maintenance Agreement Number of Original 2
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/A
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
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. JH
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 JH
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! , �,
I
8. The document was approved by the BCC on 5/22/18 and all changes made during `>' s
the meeting have been incorporated in the attached document. The County fr it
Attorney's Office has reviewed the changes,if applicable. �• 1� $�
9. Initials of attorney verifying that the attached document is the version approved by th;
BCC,all changes directed by the BCC have been made,and the document is ready fo the 10
Chairman's signature. I® e�
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
16A5
MEMORANDUM
Date: July 19, 2019
To: Jodi Hughes, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond — FLC 84931 and Construction and
Maintenance Agreement related to Antilles
Attached for your records are copies of the documents referenced above, (Item #16A5)
approved by the Board of County Commissioners on Tuesday, May 22, 2018.
The original documents 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.
Attachment
5
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 03 day of_/ OS / , 20M between JMD Developments and Investments, 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: Antilles.
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: Roadways, utilities, drainage and other infrastructure
improvements within 24 months from the date of approval said subdivision plat, said improvement
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 $ 2,456,137 - 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.
6A5 '
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 execrated by
their duly authorized representatives this 03 day of b5 / / , 20 (p .
SIGNED IN THE PRESENCE OF: (Name of Entity)JMD Developments and Investments, LLC
7.'-2 -1) A-Z-04, 2-- By: �`_ e
.AL AI
Printed Name
-����,� �I���� Dennis Albaugh, Authorized Member
:/.7.40e04,1
lJ!/ !iT (Provide Proper Evidence of Authority)
Printed Name IUCug o
ATTEST:
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C st< iegl p¢uif Court&Comptroller BOARD Qr • l* Y COM ` SION S
OFO • b ` , FLORI i A
4_
'nePttYC1 "�' MIS Ch., en, William L. McDaniel,
App%v• ": ftt Milegality:
IIAssis ntCoun y Attorney
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— Sally Ashkar Date
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Date
Recd 1-----,t---"
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16A5
PERFORMANCE BOND
BOND NO. FLC 84931
KNOW ALL PERSONS BY THESE PRESENTS: that
1MD Developments& Investments, LLC
940 Cape Marco Dr., Suite 506
Marco Island, FL 34145
(hereinafter referred to as "Owner") and
Merchants Bonding Company (Mutual)
6700 Westown Parkway
West Des Moines, IA 50266
1-800-678-8171
(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 Two Million Four Hundred Fifty Six Thousand One
Hundred Thirty Seven Dollars ($ 2,456,137 ) in lawful money of the United States, for the 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 Antilles 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 mbking 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.
16A5
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of , / 'AL .16-)
WITNESSES: JMD Developments& Invest ents, LLC.
liet Signature
Signature(above)
Dennis Albaugh, Authorized Member
Ted L. Rapp
Print Name(above)
\It (Provide Proper Evidence of Authority)
(Signature Obio
Ashley Johnson
Print Name(above)
ACKNOWLEDGEMENT
STATE OF Iowa
COUNTY OF Polk
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
/ , 2019 , by Dennis Albaugh AS Authorized Member
OF JMD Developments& Investments, LLC. WHO IS PERSONALLY KNOWN N TO
ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public—State of Iowa
(SEAL)
.. •,„ TRACY L NEMITZ
=
T.Commission Number 737958
. My Commission Expires
ow February 13,2021
Printed Name
16A5
SURETY ACKNOWLEDGEMENT
II
WITNESSES: (Surety Name an. it': if Corporation)
mac/` (. �) By: �-
Signature(above)
Ted L. Rapp Tim Brunkhorst,Attorney in Fact
Print Name(above),
%iiit (Provide Proper Evidence of Authority)
Villic141;,6' )/ ili''
Ashley Johnson _
Print Name(above)
ACKNOWLEDGEMENT
STATE OF Iowa
COUNTY OF Polk
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS \ ... - .
/ -1 , 2019_, by (NAM€-Of- �CNCWlt.LE$GEAi AS .+ , (TITLE) , ,. Q,. ( -4
OF (NAME—OF COMPANY). i II. ,_, , i ' -,WHO IS PERSONALLY KNOWN e
TO M"E�.. OR HAS PRODUCED ` AS IDEN1IFICA i6N.
Notary Public—State of Iowa (SEAL)
.
• , /• /�, , /,-
T_
��.t d TRACY L NEMITZ
Printed Name _* rCommission Number 73795$
• My Commission Expires
ow► February 13, 2021