Backup Documents 09/10/2019 Item #16A37 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 a 3 7
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 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 N2 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 III through i12..convalete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
.
2.
3. County Attorney Office County Attorney Office Cj1f I2)b1012Z J(�
4. BCC Office Board of County jtmoL I
Commissioners V N 4/ `p��I\q
5. Minutes and Records Clerk of Court's Office L -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 Melissa Nute—Development Review Phone Number X 2361
Contact/ Department
Agenda Date Item was 9/10/2019 Agenda Item Number 16A37
Approved by the BCC
Type of Document Plat Number of Original I
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. MN
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 MN
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 MN
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 9/10/2019 and all changes made
during the meeting have been incorporated in the attached document. The County 4 4
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 fo 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
t 6 A 3 7
MEMORANDUM
Date: October 25, 2019
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Plat— Maple Ridge at Ave Maria, Phase 6B
Attached is a copy of the document as referenced above, (Item #16A37)
approved by Board of County Commissioners on Tuesday, September 10, 2019.
If you need anything further, please feel free to contact me at 252-7240.
Thank you.
Attachment
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 3 /7
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 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 fir 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#I through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
2.
3. County Attorney Office County Attorney OfficeL2,'I�
4. BCC Office Board of County
Commissioners �57 to\zS\F\
5. Minutes and Records Clerk of Court's Office I ,d' m
PM
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 Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 9/10/2019 Agenda Item Number 16A37 !/
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? MN' Sc\Ca
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. MN
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 MN
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 MN
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 9/10/2019 and all changes made during
the meeting have been incorporated in the attached document. The County A IA
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 A O
Chairman's signature.
At
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 6 A3 7
MEMORANDUM
Date: October 25, 2019
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Construction & Maintenance Agreement and Performance
Bond — Maple Ridge at Ave Maria, Phase 6B
Attached is a copy of the document as referenced above, (Item #16A37)
approved by Board of County Commissioners on Tuesday, September 10, 2019.
If you need anything further, please feel free to contact me at 252-7240.
Thank you.
Attachment
16A37
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this / day of September , 20 19 between CC AVE MARIA,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: Maple Ridge at Ave Maria Phase 68
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,storm drainage and utility infrastructure.
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$4,282,999.22 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.
1 6 A3 7
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 . ;'4 ,., day of September , 20 19 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
CC Ave Maria, LLC
Witness: pp� ��,,UO,C) -J- By: L._
_ �rs
Printed Name: Brian Goguen, Vice 'r-.ident
1--)1(IS (-90F& O1vc\
Witness: Printedsid , VP, or Ce
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
ATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
OF
A.� • 11 ER COU , FL DA
B 411 LL..l_. By: ler-
.0.0,.r
Deputy Clerk Attes as ' • Wille m L. McDaniel,Jr.
Approve 1, "tb form rgdaWJ D9 Chairman
Sally Ashkar
Assistant County Attorney
1 6 A37
PERFORMANCE BOND
No.107107427
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 Four Million Two Hundred Eighty Two Thousand
Nine Hundred Ninety-Nine Dollars and Twenty-Two Cents ($ 4,282,999.22) 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 Maple Ridge at Ave Maria Phase 6B 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.
1 6 A 3 7
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this
24th day of September 2019.
WITNESSES: CC Ave Maria, LLC
km
au C By:
Iw h ,Brian Goguen, Vice Pr ent
Iafi+xtrM / Printed Name/Title
2,rL,e, (Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAYOF 241H DAY OF
SEPTEMBER 2019, , BY Brian Goguen the Vice President OF CC Ave Maria, LLC, WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Florida
. ';.,, KIM D.DAVIDSON 1
; Notary Public-Stale of Florida
• ih Commission#GG 154782
(SE L) I ,�i!°�, ,; my Comm.Expires Feb 19,2022
i
' i4,au;N nNaion;INotaryAssn
Printed Name
SURETY ACKNOWLEDGEMENT
WITNESSES: Travelers Casualty and Surety Company of AmericaBy.4\6jjaiglat
Printed Name Kristin Neiert, Attorney in Fact
(Provide Proper Evidence of Authority)
Printed Name �> kA 1n n ci6
1 6 A 3 7
NOTARY ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
24TH DAY OF September 2019
BY Kristin Neiert as Attorney in Fact Of Travelers Casualty and Surety Company of America WHO IS
PERSONALLY KNOWN TO ME OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Florida
(SEAL)
1114 Ai i? aY.-1 I �e
Printed Name , «eY� • LILLIAN A.SOULE
., .,,a MY COMMISSION#GG 239716
:.;, --i ` EXPIRES:April 6,2020
,,,,tr`;°' Bonded Thru Notary Public Underwriters
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 3 7
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 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.
**NEW** ROUTING SLIP
Complete routing lines N I through N2 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 Nl through N2,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 Officeq6 (Z c 7
4. BCC Office Board of County L) .\ ' l
Commissioners �//
5. Minutes and Records Clerk of Court's Office I V OC j /0 J/:
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 Melissa Nute— Development Review Phone Number X 2361
Contact/ Department
Agenda Date Item was 9/10/2019 Agenda Item Number 16A37
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? �M SWA
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. MN
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 MN
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 MN
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 9/10/2019 and all changes made
during the meeting have been incorporated in the attached document. The County ab, •
'N • fi tson:io`j>�
Attorney's Office has reviewed the changes, if applicable. elr ,li�r
9. Initials of attorney verifying that the attached document is the version approved by t.- "
BCC,all changes directed by the BCC have been made, and the document is ready .r theJ • `ii;( a,10).
Chairman's signature. ; 'C
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 6 A 3 7
MEMORANDUM
Date: November 8, 2019
To: Melissa Nute, Site Plan Reviewer
Development Review
From: Teresa Cannon, Senior Deputy Clerk
Minutes & Records Department
Re: Plat— Maple Ridge at Ave Maria, Phase 6B
Attached is a copy of the document as referenced above, (Item #16A37)
approved by Board of County Commissioners on Tuesday, September 10, 2019.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
Attachment