Backup Documents 03/26/2019 Item #16A 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A
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 arc 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 11911
4. BCC Office Board of County
Commissioners V ` --\\<\`9
5. Minutes and Records Clerk of Court's Office
IN 19 t)'/PA'
PRIMARY CONTACT INFORMATION(1W)
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 3/26/19_,./ Agenda Item Number 16A1
Approved by the BCC
Type of Document Plat 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? f\
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!
8. The document was approved by the BCC on 3/26/19 and all changes made during
the meeting have been incorporated in the attached document. The County �� ,A
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 true ,
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
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A
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 It! 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 1C/L1
4. BCC Office Board of County
Commissioners '—‘*\ ` \
5. Minutes and Records Clerk of Court's Office 11:1 l
Wit)
2);3q-2rk
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 3/26/19 Agenda Item Number 16A1
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 JR
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. 4*
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 3/26/19 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's ► tit ?
Office has reviewed the changes,if applicable. � e
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 401111i5.1
40,
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
16A 1
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 2;.e1/1"-" day of /--(a c , . 20 /`'1 between Pulte Home Company,LLC hereinafter
referred to as "Developer". and 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: Gfeyhawk at Golf Club of the Everglades 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 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 $2,267345.14 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 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.
5. The County Manager or 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 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 designee to inspect
the required improvements. The County Manager or 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.
16A 1
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 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
designee. The County Manager or 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 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 ,: ii" day of /lt / , 20 '` / .
SIGNED IN THE PRESENCE OF: (Name of E tity)
‘11 10‘.€/%4•4-7 LL c--
Witness: ��G
a J/� By:
Printed Name: /% 4e-/ /lut tl;eeh
AL v i <• VI'Fit //Hd /4/i0,
Witness: Printed NameiTitle
• (President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
ATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
-aF
.,(AGO COUNT ,FLOR
^s to Gha•ttt n:S By:
Deputy Clerk �tf3St a Chairman, William L. McDaniel, Jr.
Approved as to form and le rtir.4.e Orly. `
Sally Ashkar
Assistant County Attorney
16A is
PERFORMANCE BOND
Bond No. CMS334288
KNOW ALL PERSONS BY THESE PRESENTS:that
PULTE HOME COMPANY, LLC
24311 WALDEN CENTER DRIVE,SUITE 300
BONITA SPRINGS, FL 34134
(hereinafter referred to as"Owner")and
RLI Insurance Company
350 W Washington St, Suite 216
Tempe, AZ 85281
480-940-8424
(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 TWO HUNDRED SIXTY SEVEN
THOUSAND THREE HUNDRED FORTY FIVE AND 14/100 Dollars (S2,267,345.14) 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 GREYHAWK AT GOLF CLUB OF THE EVERGLADES PHASE 4 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.
16A 1
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
25th day of March, 2019.
WITNESSES: Pulte Home Company, LLC
J. Nicholas Sarris
By. Gregdry S. Rives, Assistant Treasurer
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Ross Ripple
Printed Name
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25thDAY OF March
,20 19 ,BY Gregory S. Rives AS Assistant Treasurer OF Pulte
Home Company, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS
IDENTIFICATION.
Notary Public-State of GEORGIA SHIRLEY E HUTCHINS
Notary Public-State of Georgia
(SEAL) Fulton County
>y —.mission Expires Mar 18,2022
rinted N4 e Shirley E. Hutchins
SURETY ACKNOWLEDGEMENT
WITNESSES: RLI Insurance Company
44;_ao,
J em Polk, ttorne 'n-Fact
Kelly Agui r Y Y
tuy\j/ ( (Provide Proper Evidence of Authority)
Kim Russell
16A I
NOTARY ACKNOWLEDGEMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th
DAY OF March , 20
19 , BY Jeremy Polk AS Attorney-in-Fact OF RLI Insurance Company WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION.
Notary Public -State of ARIZONA
(SEAL)
Notary Public State of Arizona
1"1" \ Maricopa County
;- /� Matthew Stanton Erra
` �'�./ My Commsson Expres 03,09/2022
Matt' ew Stanton Erra ,omrmss.ar,Wamber 203332566
Printed Name
(Ord. No. 15-44, § 3.N)
16A I
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N.Lindbergh Dr. Peoria,IL 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
together,the"Company")do hereby make,constitute and appoint:
Jeremy Polk,Matthew Erra,jointly or severally
in the City of Phoenix , State of Arizona its true and lawful Agent(s) and Attorney(s) in Fact,with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit:
"All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Vice President with its corporate seal affixed this 21st day of
December , 2018 .
RLI Insurance Company
,0111111111`e%etvoa'ros''', \�,PpNCECp, " Contractors Bondingon7 and Insurance Company
' 7 6' SEAL .1i _ SEAL - By: ///
Barton W.Davis
•2 Vice President
State of Illinois '.'-ii4o15 ,,,!l t.i N pis.
} SS County of Peoria CERTIFICATE
On this 21st day of December , 2018 , before me, a Notary I, the undersigned officer of RLI Insurance Company and/or
Public, personally appeared Barton W. Davis , who being by me duly Contractors Bonding and Insurance Company, do hereby certify
sworn, acknowledged that he signed the above Power of Attorney as the that the attached Power of Attorney is in full force and effect and is
aforesaid officer of the RLI Insurance Company and/or Contractors irrevocable; and furthermore, that the Resolution of the Company as
Bonding and Insurance Company and acknowledged said instrument to be set forth in the Power of Attorney, is now in force. In testimony
the voluntary act anc:deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bondingand Insurance
r
Company this 25hdayofMaYch , 2019 .
By: _I)1111,CitillAAJ CifkalL
RLI Insurance Company
Gretchen L.J;,.wigk Notary Public Contractors Bonding and Insurance Company
cazarzar,..mou 1
`�—''r. GRETCHEN L JOHNIGK
3 nor-O
a.rue f "OFFICIAL SEAL" By: /,1, 41•
sale OF My Commission Expires ' Jean M$tephenson Corporate Secretary
-we, May 26,2020
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0250773020212
A0058817