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Backup Documents 04/09/2013 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS I TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TQ A 4 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 routin&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 y 4. BCC Office Board of County Commissioners Wks/ 't t4. 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 staf'for addit' al or missing information. Name of Primary Staff John Houldswo Phone Number x-5757 Contact/ Department Agenda Date Item was April 9,2013 Agenda Item Number 16-A4 Approved by the BCC Type of Document Plat /mivle t Number of Original OM. i O 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 Sif 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. N 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 April 9.2013 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. A 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. 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 16A4 Prepared by/return to Michael E.Botos Cozen O'Connor One North Clematis Street,Suite 510 West Palm Beach,FL 33401 MORTGAGEE'S JOINDER IN THE PLAT OF SABAL BAY COMMERCIAL PLAT— PHASE FOUR CDC Land Investments, Inc., a Florida corporation, having an office at 2550 Goodlette Road North, #100, Naples, Florida 34103 ("Mortgagee"), the holder of that certain Mortgage and Security Agreement recorded in Official Record Book 4871, Page 745 of the Public Records of Collier County, Florida (the "Mortgage"), which Mortgage encumbers the property included within the Plat of Sabal Bay Commercial Plat — Phase Four (the "Plat"), hereby joins in and ratifies the Plat and all dedications and reservations thereon. Dated this/3 day of June, 2014. CDC Land Investments, Inc., a Florida corporation 21(40:,10.27_ By: , Witness Print Name: �}r►e te— L . Print name: o_55m146C,y I. AO,/a'n`y Title: �'ic e_. PN--es1•IC.- .�J Witness Print name 7-2,/f/G9 [acknowledgment on following page] LLGAL.A19327029\I .16 A 4 , STATE OF }- (be;cla COUNTY OF @c The foregoing instrument was acknowledged before me this l3 day of June, 2014 by %ck L-• - +4-c.v , the \f►c-e_ ?rest dew- of CDC Land Investments, Inc., a Florida corporation, who is 1 1—ersonally known to me, or who has ❑ produced as identification. 6 . A-47.10-1--- .. DEBORAH A.BROWN Notary Public in and for the State and County j*: Is :K MY COMMISSION#EE843929 aforesaid. &mo a I s:Oct 16,2016 (seal) -w) ,�;,, Notary Public unaerwrlmr, Commission Number: E e- 4 39 a-`-I My Commission expires: E)0 4-b%,e r (la► a o►b Print Notary Name E150 . 13 RA)us - 2 - L.f:GAL\19327029\I ORIGINAL DOCUMENTS CHECKLIST & ROUTINGS P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN 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 routinglines#1 through#2,complete the checklist,and forward to the C 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 (5/ FZ-V\A 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 add. onal or missing information. Name of Primary Staff John Houldsw Phone Number x-5757 Contact/ Department Agenda Date Item was April 9,201 Agenda Item Number 16-A4 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original One Attached Sabal Bay Commercial Plat Phase 4 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) I. 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 fmal 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 April 9.2013 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. !-t* 9. Initials of attorney verifying that the attached document is the version approved by the t BCC,all changes directed by the BCC have been made,and the document is ready for Chairman's signature. 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 16A4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this iZ-5 day of / J ; t , 20 14 between Collier Land Development, Inc. 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: SABAL BAY COMMERCIAL PLAT- PHASE 4 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 Eighteen (18) 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$764,011.57 -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. A 4 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 Dveloper have caused this Agreement to be executed by their duly authorized representatives this 0 c3 day of Zt.A-vv L_ / . 20 14 SIGNED IN THE PRESENCE OF: (Name of Entity) oilier Land Dev:opment, Inc 40'1,6t- By: _�• . --, Printed Name nn o ock Patrick L. Utter,Vice President Printed Name/Title (President,VP,or CEO) VINO' (Pr•r-- • : • • • Authors -pe rszni24ty Printed Nam: - �,4 ';+' n MY SSION tl EE COMMI 843929 I• ATTEST:A.:t. = Pf;t; BOOded PIN Notary public undenin;ters DWIGHT E.BROCK,CLERK BOARD OF OU , COMMISSIONERS .� OF COLD C� d NTY,FLORIDA By Y r'S i!. B y- !�I�'l� Deputy Clerk I 'ttest to Chairman' Ap ovedas form and l i tureonty. TOM HENNING. CHAIRMAN Sf.6++ A. or,2- Assistant County Attorney 16A4 I Project: Sabal Bay Commercial Plat-Phase 2 P ENI N S U L A Task: Performance Bond Calculation Prepared By: DJH Date: 6/13/2014 E N I N E E R i N Checked By JCE Date: 6/13/2014 AMOUNT AMOUNT TOTAL CONTRACT COMPLETED TO REMAINING TO CONTRACT CATEGORY AMOUNT DATE COMPLETE SITE AND UTILITY IMPROVEMENTS $ 1,178,883.23 $ 868,4I6.03 $ 310,467.20 LANDSCAPING AND IRRIGATION $ 253,142.00 $ - $ 253,142.00 DRY UTILITIES AND CONDUIT $ 52,000.00 $ - $ 52,000.00 TOTAL CONSTRUCTION COST: $ 1,484,025.23 $ 868,416.18 $ 615,609.05 COLLIER COUNTY PPL BOND CALCULATION 100%OF IMPROVEMENTS NOT YET CONSTRUCTED $ 615,609.05 10%OF TOTAL COST OF CONSTRUCTION $ 148,402.52 TOTAL BOND AMOUNT REQUIRED $ 764,011.57 NOTES: 1)This Bond Calcuation is based upon the current contract costs and in place work for the subject Project ,,`11111111111111111111its444 * • : 7 •: i • ` ''.4;:' ��(1•••�oR(0�1.get n`#'6171 ��i,,�V f1 '•.n....••'11�l.n"i eering eV1/o<eryt�ater j�p( ,:.An#28275 `•.!Y1111101 P:1Achve_Projects\P-CEMI-0021001 Saba)Bay_Commercial Ph2tDesign f'elMil\Cost Estimates\SPRD_County_Piat_Performance Bond_,Calc 16A 4 Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014183117 Transaction Number: 2014-030235 Date Paid: 07/02/2014 Amount Due: $764,011.57 Payment Details: Payment Method Amount Paid Check Number Check $615,609.05 1212 Check $148,402.52 1211 Amount Paid: $764,011.57 Change / Overage: $0.00 Contact: COLLIER LAND DEVELOPMENT INC 2550 GOODLETTE RD N STE 100 NAPLES , FL 34103 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Refundable Bonds PL20140001448 $615,609.05 $615,609.0 670-000000-220113 5 Refundable Bonds PL20140001448 $148,402.52 $148,402.5 670-000000-220113 2 Cashier Name: melissaalvarez Batch Number: 3853 Entered By: hughes_j EX t1) . 16A 4 Collier Land Development, Inc. Collier County Board of County DATE iNVOICE.140 DESCRIPTION INVOICE AMOUNT 6-18-14 20140618-2 Performance Bond Deposit 615609.05 tAt. 154k 1.2111�10 A 13 4' 3 'll000 iig8 DATE K 6-19-14 NUMBER 1212 TOTAL> 615609.05 PLEASE DETACH AND RETAIN FOR YOUR RECORDS THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER gibyy�YipiifiFtri�eyi�,ryg�4 ,.,; :c , Collier Land Development, Inc. Bank of America Suite 100 4501 N Tamiami Trail Naples,FL 34103 2550 Goodlette Rd. N. 63-27 Naples, FL 34103 631 239-261-4455 DATE CHECK NO. AMOUNT June 19, 2014 1212 1615,609.05 Pay:******Six hundred fifteen thousand six hundred nine dollars and 05 cents Void after 120 PAY Collier County Board of County TO THE Commissioners ORDER OF Twn ci0nafiirpc rprinirpri if nvpr Ronn a• X .i THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—HOLD AT AN ANGLE TO VIEW X° .��aX�v hW�.v�riY,W !C. t v�ktw� . .. • • 16A Collier Land Development,Inc. Collier County Board of County DATE INVOICE NO DESCRIPTION INVOICE AMOUNT 6-18-14 20140618-1 Performance Bond Deposit 148402.52 s � J Dl>rc3l0NI Pt t' 4S PL �o14000 i ` g CHECK DATE 6-19-14 NUMBER 1211 TOTAL> 148402.52 PLEASE DETACH AND RETAIN FOR YOUR RECORDS THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER ..,-:^ vcK'vy�aYisnZdeiiaaiYieSyr(yrier+ r _rn Collier Land Development,Inc. Bank of America 4501 N Tamiami Trail Suite 100 Naples,FL 34103 2550 Goodlette Rd. N 63-27 Naples, FL 34103 631 239-261-4455 DATE CHECK NO. AMOUNT June 19, 2014 1211 1148,402.52 Pay:**One hundred forty-eight thousand four hundred two dollars and 52 cents Void after 120 days PAY Collier County Board of County TO THE Commissioners ORDER OF Two signatures required If over$5 000 ;•i-<,•: -'YN� ,e:<.:.�:. a THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK—HOLD AT AN ANGLE TO VIEW •