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Backup Documents 03/26/2019 Item #16A 7 100RIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 7 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 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 3M(.0/1/ . 4. BCC Office Board of County \h)LN-\ Commissioners NAC/8/ 3,t Vq 5. Minutes and Records Clerk of Court's Office (61 -1a6 If* 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 Lucia S.Martin Phone Number Ext.2279 Contact/ Department Agenda Date Item was March 26,2019 ✓ Agenda Item Number 16.A.7 Approved by the BCC Type of Document Access Improvement Agreement Number of Original 1 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 LM 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 LM 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 LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LM 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 03-26-19 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. 1 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 e ,- 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 16 A 7 MEMORANDUM Date: April 1, 2019 To: Lucia Martin, Technician Engineering Services Department From: Martha Vergara, Senior Deputy Clerk Minutes & Records Department Re: Access Improvement Agreement RaceTrac Petroleum, Inc. Attached is a copy of the document as referenced above, (Item #16A7) approved by Board of County Commissioners on Tuesday, March 26, 2019. If you need anything further, please feel free to contact me at 252-7240. Thank you. Attachment INSTR 5693748 OR 5615 PG 123 RECORDED 4/4/2019 12:11 PM PAGES 8 16A 7 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$69.50 ACCESS IMPROVEMENT AGREEMENT -rte This Access Improvement Agreement ("Agreement") is executed as of the a'O day of Mgr'o r. , 2019, by and between RACETRAC PETROLEUM, INC., a Georgia corporation ("Developer") and COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida(the "County"). RECITALS WHEREAS, on February 22, 2018, the Collier County Hearing Examiner approved Hearing Examiner Decision No. 2018-04, which approved a site plan with deviations for a proposed facility with fuel pumps.The proposed site plan depicted a right-in/right-out access point on Shadowlawn Drive closest to US 41 (the "Access Point"); WHEREAS, Condition of Approval #2 for Hearing Examiner Decision No. 2018-04, provides: During review of the SDP or subsequent Right-of-Way (ROW) permit approval, the County may require a performance guarantee, such as a bond or letter of credit, be posted by the applicant in order to provide for closure of the right-in movements at the access point on Shadowlawn Drive closest to U.S. 41. An operational review may be performed by the County within the first 18 months after issuance of the Certificate of Occupancy. If upon review of the results of the operational review, the County determines it is necessary to close the right-in movements, the County may call on the performance guarantee in order to pay for the cost of installing the appropriate driveway barriers to preclude the right-in turning movements. WHEREAS, Developer is currently seeking approval of a Site Development Plan, Application No. PL20180000543, and therefore is required to post a performance guarantee as described above; WHEREAS,the improvements needed to close the Access Point's right-in movements(the "Closure Improvements") are depicted on Exhibit "A", and the estimated cost of the Closure Improvements is shown on the Construction Cost Estimate, attached hereto as Exhibit"B." NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the County do hereby covenant and agree as follows: 1. Developer hereby tenders its performance guarantee (the "Guarantee") attached hereto as Exhibit "C", in the amount of$60,791.79, which amount represents 110% of the total estimated cost to complete the Closure Improvements. 2. In the event of default by the Developer,or the failure of the Developer to complete the Closure Improvements within the time required by this Agreement,the County may call upon C 16A7 the Guarantee to ensure satisfactory completion of the Closure Improvements. 3. After completion of the operational review required by the Condition of Approval #2 for Hearing Examiner Decision No. 2018-04, the County shall either (a) notify Developer in writing that the right-in movements for the Access Point must be closed if such closure is warranted by the required operational review, or(b) release the Guarantee to Developer because the right-in movements for the Access Point do not require closure. 4. Developer shall, within thirty (30) days of delivery of the notice specified above, provide written notice to the County if it intends to construct the Closure Improvements,in which case Developer shall have six (6) months to obtain a Right-of-Way Permit and complete the Closure Improvements to the reasonable satisfaction of the County. 5. If the County does not provide written notice to the Developer within twenty (20) months after issuance of the Certificate of Occupancy,the Developer may request,in writing,the release of the Guarantee. Upon receipt of such written request, the County shall have sixty(60) days to either (a) initiate the release of the Guarantee to Developer, or (b) notify Developer in writing that the right-in movements for the Access Point must be closed, if such closure is warranted by the required operational review. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County may call upon the Guarantee to secure satisfactory completion of the Closure Improvements(if such closure is warranted by the required operational review). In such event, the County shall have the right to construct, or cause to be constructed, pursuant to public advertisement and receipt and acceptance of bids, the Closure Improvements required herein. The Developer, as principal under the Guarantee, shall be liable to pay and to indemnify the County, upon completion of such construction, the reasonable final total cost to the County thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to fulfill its obligations under this Agreement. 7. All of the terms,covenants and conditions herein contained are and shall be binding upon the Developer, its successors and assigns. IN WITNESS WHEREOF, the County and the Developer have caused this Agreement to be executed by their duly authorized representatives the day and year first written above. 16A7 / s, COUNTY: xr1 r, BOARD OF COUNTY COMMISSIONERS ATTEST: N I . .CLERK- ' COLLIERAir. . LORIDA cRY K' kill'-i 1. , Ierk ,, (�/' ag4o Gia , �,, Wi 'am L. McDaniel,Jr. ss mature oritj�• . ,;� , Chairman DEVELOPER: RACETRAC PETROLEUM, INC., W2.1''1/4--w- a Georgia corporation Print Name: _ JA1•11)S .N A - /` By: SS.1.400.-, ....c>"...,.--- Witness Name: Brian Thornton Print Name:3aimav►f hc- 11(10,-.'r- Title: Vice President of Real Estate & Engineering STATE OF GEORGIA § § COUNTY OF COBB § This instrument was ackno ledged before me on the ,d )- ay of . -yt , 2019, by / 1GV /i ,i/,„asV7�aka-1J of Racetrac Petroleum, Inc. a Georgia corporation), on behalf of said corporation. Z"/Zj( P?%0 N1+1►1/��i -Ntki M LONQ,c •i,, •,1 4. '0ss�a'v Feo% y.%off '9.off [Seal] 'i':2 43 k �cp' i . q,; �',�'p'e���^.H'!Zg'' w4 lotary Public--Sta a of Georgia .,',NO0l'iliii;N``'o°\`• Approvedj-slto Form and Legality: 5 .{} -A. 5-c-ona)Assistant Co�my Attorney 9 0116 it 1 6 A 7 EXHIBIT "A" Closure Improvements d Alt ‘„,„,__________________-- ey'14 to, il— /-k 16 A 71 g _. _. 4 PI•.4v. ,: a Iel E _ -, J .1 ''` 1 i am 1 ,41 z' k 'q I Cgpi9 I ,}9 IUI 1 pImi 1 I € g 1 'liI g 1 _. I _" I hi J ° WN. a C '/, 1 � I I — /f,1// I " g• g 1 // O; Illi lEsn o w I t///, /,)� f Z 7 a ;§ m 8 2 1 3 r 9 I m b 'n y O ,.* l!�i/ Nps BIR §� R.3 681 is �. I M I k 1' 0 — s ' ', ! ;<i iNN I 4 i zz''4 i; /1 1 5 Inas I ; 1 \> . 1 , � 1 , 'o3 o1 1 i / / Iii r o z II 4// / i (/ 1 / * 1 'NN j $ • 1 i - 4b it 3 , -- 4.4 ,-, "1. N g a ir ' INr° ' ''// Ilr , 4, 1 I j 1 ( ,..,, gg4 5p, € I' , III I'' i 5; e 1 j /� ..',.: 1 N c 3E N N ) , t NNJ E - o _ 4 N..1 lOWNER i Dk4LL0YLR: ENGINEER Of RECORD $ ---",WN,,,; = > °.>E N3V4 exr+. RACETRAC PETROLEUM,INC. asst ;x. ....,....,. ,.. - nun YROJECI ag i »a DELisi f)TZGERALD, iNC m4 0 c 3�''�8 i — Ylann g Exxgl eex4g Rt>kcfMaxxogemmt iil Pi Z �RaceTrac.1 R� 1605 Hendry 5 et y� ill f, - f FrtMyers,FL 33901 �. g A SHADOWLAWN DRIVE s 3 f ales ala-0691 Oar.veto C s (EPN#1266-STORE#2522) _,z,, 1239)418 069.1. � l 6 A 7 EXHIBIT "B" Estimated Cost CAD Delis!Fitzgerald,Inc. 16 A 7 ENGINEER'S OPINION OF PROBABLE COST for construction of traffic separator and closing of right-in at southern Shadowlawn Dr.entrance if deemed necessary per HEX No.2018-04 RaceTrac Shadowlawn Drive December,2018 Item No. Description Quantity Units Unit Price Amount A. Traffic Separator A.1 Maintenance of Traffic* 1 LS $3,500.00 $3,500.00 A.2 Mill&Overlay* 627 SY $8.00 $5,016.00 A.3 12"Type"B"Stabilization(LBR 40 Min.)* 74 SY $3.50 $260.56 A.4 8"Limerock Base-FDOT 285706 Optional Base Group 6 59 SY $14.20 $837.80 A.5 1"SP 9.5 Surface Course* 43 SY $5.00 $217.22 A.6 1.5"SP 12.5 Structural Course* 43 SY $7.50 S325.83 A.7 FDOT 520-70 Concrete Traffic Separator,SP-var width 62 SY $98.39 S6,122.04 A.8 Signing and Marking* 1 LS $2,500.00 $2,500.00 A.9 FDOT 570-1-2 Performance Turf,Sod 31 SY $2.25 $69.75 SUBTOTAL $18,84921 B. Closing Right-In Movements B.1 Maintenance of Traffic* 1 LS $1,500.00 $1,500.00 B.2 FDOT 110-4-10 Removal of exist conc 100 SY $12.69 $1,269.00 B.3 Clean Fill to restore grade* 1 LS $2,500.00 $2,500.00 B.4 Valley Gutter Crossing* 20 LF $45.00 $900.00 1.5 FDOT 520-2-2 Concrete Curb,Type B 20 LF S18.66 $373.20 1.6 FDOT 520-1-7 Concrete Curb,Type E 24 LF 514.82 S355.68 1.7 FDOT 522-2 Concrete Sidewalk&Driveways,6" 14 SY 544.79 $646.97 1.8 Handicap Ramp 1 EA $650.00 $650.00 13.9 FDOT 527-2 Detectable Warnings 14 SF $25.97 $363.58 1.10 Signing and Marking* 1 LS S1,000.00 $1,000.00 B.11 FDOT 570-1-2 Performance Turf,Sod 65 SY $2.25 $146.75 SUBTOTAL $9,705.18 TOTAL $28,554.38 MOBILIZATION $5,000.00 DESIGN,PERMITTING&CONTRACTING $15,000.00 15%CONTINGENCY $6,710.88 GRAND TOTAL $55,265.26 *A.1 FDOT 102-1 yields$3,246.16 A.2 FDOT 327-70-1&334-1-14 yield$4,514.40 A.3 FDOT 160-4 yields$243.46 A.5 FDOT 334-1-14 yields$208.12 A.6 FDOT 334-1-14 yields$312.18 A.8 FDOT 705-11-1,700-1-11,710-11290,711-15201,711-15231,711-15101,711-11224,711-11170 yield$1,723.28 B.1 FDOT 102-1 yields$405.77 B.3 FDOT 120-6 yields$249.00 1.4 FDOT 520-3 yields$587.40 B.10 FDOT 700-1-11,FDOT 711-11123,and FDOT 711-11125 yield$776.66 John T.Wojdak,P.E. \\\A 1111/;jf Digitally signed by John T. FL License 58217 \\ "1. . 1/ ..tir` _ %t) f,� Wojdak, P.E. DeLisi Fitzgerald,Inc g �. �°".'y GEN <,'" J i FIRM COA 26978 `} \ S` .1... DN: cn=John T. Wojdak, P.E., No 58217 o=DeLisiFiztgerald, Inc., ou, "', STATE OF 44� email=john@delisifitzgerald � ,',�L�. "''`. .com, c=US '7>/ moi, -�` �\`' Location: State of Florida 11 I \ Date: 2018.12.06 16:13:05 -05'00' C 16A7 EXHIBIT "C" Form of Guarantee 16A7 Bond No. 107023385 PERFORMANCE BOND FOR ACCESS IMPROVEMENTS KNOW ALL PERSONS BY THESE PRESENTS: that RACETRAC PETROLEUM, INC. 200 GALLERIA PARKWAY SE, SUITE 900. ATLANTA, GA 30339 (hereinafter referred to as "Owner") and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 (866)336-2077 (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 Sixty Thousand Seven Hundred and Ninety-One Dollars and Seventy-Nine Cents ($60,791.79) 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 Access Improvement Agreement between the Owner and Collier County, dated , 2019, which requires specific Closure Improvements to be completed by the Owner, as described in the Access Improvement Agreement. This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of completion of the work and approval by the County of the specific Closure Improvements, or until the County releases the Bond in accordance with the Access Improvement Agreement. 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. IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 12th day of February, 2019 . WITNESSES: RaceTrac Petroleum, Inc. By: LIL.f2 Printed Name � �� \ s� �M' Brian Thornton Vice President of Real Estate and Engineering Printed Name i 15-LDS-01664/1153600/1) f 16A7 ACKNOWLEDGEMENT STATE OF (_ -�; COUNTY OF - j )j), i THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS/2 DAY OF cc,v 20/ e1 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PE ONALLY KNOWN TO ME, OR[ 9pRtOO CED AS IDENTIFICATION. NotaryPublic-State of \ `� LONG� (.lt L c_ ,\ .ssloly ?Qa�+OTA9). (SEAL) LL Printed Name . c G t j0(/g�� ,t: ;COU>us L %%%� WITNESSES: Travelers Casualty and Surety Company of America ‘1.\, Timothy Bowen Robin L.Amstutz,Attorney-in-Fact Annie Stoykov (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF Illinois COUNTY OF Cook THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 12th DAY OF February, 20 19 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME. OFFICINotary Public-State of Illinois Timothy BoweL r Timothy Bowen Notary Public (SEAL) STATE OF ILLINOIS My Commission Expirss March 12,2021 Timothy Bowen 14-EIS-02650/7 [15-LDS-01664/1153600/1] C40) 16A7 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Robin L.Amstutz of Chicago,Illinois,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. suic 7 1 i�f-* CUM. t0,11 CGN '!ANT OR .rJ};'i�1 t. I '3. *333. •• State of Connecticut By: City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 .uq `` nfiA.,.J_ C, ��>Lz o X51.0 I Marie C.Tetreault,Notary Public ct'F' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attomey or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 121st day of February , 2019 �NIC SaRt; � a Y� �+5, ,.3 HARTFCi0,1'� aNMRTFOR6. ' jt":Ail {�• �ij CCNY. /a2� CONK o �4� Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.