Backup Documents 12/10/2019 Item #16A 9 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 he forwarded to the County Attorney(flier
at the lime the item is placed on the agenda. All completed routing slips and original documents must he received in the('minty Attorney Office no later
than illonday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through 112 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 112,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
� f31�
S314-
4. BCC Office Board of County 11-\
a-Q
Commissioners --
5.
5. Minutes and Records Clerk of Court's Office
ass 1/41,0 5:sia►A
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 12/10/2019 Agenda Item Number 16A9
Approved by the BCC
Type of Document Plat, Declaration of Covenants, Conditions Number of Original 2
Attached and Restrictions 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? MN
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 12/10/2019 and all changes made 140, °a
during the meeting have been incorporated in the attached document. The County ?;:=n ir>;«� kgAttorney's Office has reviewed the changes,if applicable. Ir k
lfr
9. Initials of attorney verifying that the attached document is the version approved by the " ' a4
BCC, all changes directed by the BCC have been made,and the document is ready for the 400 g,root
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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 41
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
al the time the item is placed on the agenda. All completed routing slips and original documents niust he received in the County Attorney C)flice 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
.
2.
3. County Attorney Office County Attorney Offices( 6 q3/2D
4. BCC Office Board of County (,J/V 161 * _lY y�
Commissioners j�QCX�
5. Minutes and Records Clerk of Court's Office
L ,c[40 8•.Slag,_
PRIMARY CONTACT INFORMATION l
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 12/10/2019 Agenda Item Number 16A9
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)
I. Does the document require the chairman's original signature? MN
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 12/10/2019 and all changes made during
the meeting have been incorporated in the attached documer_t. The County lit a1• tsW:
Attorney's Office has reviewed the changes,if applicable. a� r
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 �•�• •t'
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 ',
16A9 �
MEMORANDUM
Date: January 8, 2020
To: Melissa Nute, Site Plans Reviewer
Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond — 107107431 and Construction and
Maintenance Agreement related to Founder's Square
Attached for your records are copies of the documents referenced above, (Item #16A9)
approved by the Board of County Commissioners on Tuesday, December 10, 2019
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
1 bag
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 2(c' day of December , 2019 between BCHD Partners II, 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: FOUNDERS SQUARE
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 $ 6,330,421.00 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 A 9
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 Dlveloper have caused this Agreement to be executed by
their duly authorized representatives this 23r` day of' (:P v\4) , 20 19 .
SIGNED IN THE PRESENCE OF: BCHD Partners II, LLC
a Florida limited liability company,
By: BCAM,LLLP
Its: Manager
By: BARRON COLLIER CORP.
Its: General Partner
Witness &J
]/1-1-- ./1-1-- . (/ I , )/'- By:
i��- -,
Printed Name: Brian Goguen, Vi.- 'resident
)/i V1150 VA, ilia5/0
Witness: , J .�,\ (Provide Prop- vidence of Authority)
Printed Name: (L2� I-�`` ,
• : ` i ,►
ATTES*' .
{ Via, _ter-- Arr.
CRY$TAL•I(. INZE ,, CLRK =OARD OF COUNTY COM ISSIONERS
-,}�!� OF
!^ Q•�, •. COLLIER COUNTY, FLORIDA
Attest sof
Ch. -n's
By._g ,''' By:_Chairman
Appr d as to form and legality:
gill I shkar Item# 1
LEttl
Assistant County Attorney Agenda `Z
Date �KJr
Conspgted to on this s& day of December 2019 by: Decate
�^
Tree PI teau Inc
B . r ,VO4#V'1 eputy er'
Richard S. Talford, esi ent
16A9
Exhibit"A"
PERFORMANCE BOND
No. 107107431
KNOW ALL PERSONS BY THESE PRESENTS:that
BCHD Partners II, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as"Developer") and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
(800) 873-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Six Million Three Hundred Thirty Thousand Four
Hundred Twenty-one Dollars and 00 Cents ($ 6,330,421.00) 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 FOUNDERS SQUARE 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
1 6 A 9
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 '172019.
WITNESSES: BCHD Partners II,LLC,
a Florida limited liability company,
By: BCAM,LLLP
Its: Manager
By: BARRON COLLIER CORP.
Its: G�er artner 1
By: Jr
f( f( Brian Goguen,Vice ' ent
6.1LiLlwLL
PriptedName Printed Name/Title
11 ujit
� • � fl 1 (Provide Proper Evidence of Authority)
C-\( `'-`11`,
UJ
Printed Name
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ,
December, 2019, BY Brian Goguen as Vice President of Barron Collier Corporation,WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of FLORIDA
(SEAL)
,.ti; �
;•;;;', KIM D DAVIDSON
`���A< , NotaryPub':c-Sine o`F'c'da
Commss:or•#GG 154/82
1. / G) :)? (G''�' My Gam.Exp:Ts Pea 19,2522
Bonoed'nrough`Jal.ona�NcleryAssn.
Kim D. Davidson
1 6 A 9
SURETY ACKNOWLEDGEMENT
WITNESSES: Travelers Casualty and Surety Company of America
By: -111/ha1..
/1C601131—
(,/�� v` /_-• Kristin M. Neiert, Attorney in Fact
Printed Nam. (Provide Proper Evidence of Authority)
KICK 13. rvit&dr,
4W0 61 -
Pi21mrcevo IU
NOTARY ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAYOF .( IVAb ;.—
6,x() 1.,, 2019, BY Kristin M. Neiert, 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) .; '"•°`• ;;: STEPHANIE BENSON
..• MY COMMISSION#GG 928898
sem� -a EXPIRES:October 28,2023
% oi r;,,, Bonded Tbru Notary Public Undentritele
Printed Name: S -QA1CKX\i,Q
Consented to on this day of December 2019 by:
Tre PI eau Co
BY:'�. • .0--
Richard S.Talford