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Backup Documents 02/11/2020 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 4 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 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 hoard 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 I . 2. 3. County Attorney Office County Attorney Office (.6.k.__,_, iiiso_ 4. BCC Office Board of County 9, 1 3 2(3 Commissioners b'5 3 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 additional or missing information. Name of Primary Staff Melissa Nute Phone Number x-2361 Contact/ Department Agenda Date Item was 2//2020 Agenda Item Number 16A4 Approved by the BCC 11 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 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. 4 , Some documents are time sensitive and require forwarding to Tallahassee within a certain 6 , time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 2/11/2020 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County 4 116. an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made, and the document is ready for th, , an option for Chairman's signature. ` this line. 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 4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ZR day of—) ,f-tAic..MM , 2020 between Naples Associates IV, LLLP, hereinafter referred to as "Developer", and ;Voard 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: Brentwood Lakes– Plat One B. Chapters 4 and 10 of the Collier County Land Development Code requires 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: All required improvements within 36 months from the date of approval of 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$ 2,368,412.15 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost 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 such 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 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 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 of 3 16A4 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 29 day of 5antucuri , 2020. (Name of Entity) SIGNED IN THE PRESENCE OF Naples Associates IV, LLLP a Florida limited liability limited partnership By: Naples IV Corporation, A Florida corporation, its General Partner By: By: (� Printed Name/Title: Alan J. Fant, Vice President Printed Name: „ \AT. By: �U �. (Provide Proper Evidence of Authority) Printed Name: SHlAFZ0 -1 4)E8/3, 2 of 3 16A4 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA "91.1:tBY: ',, - By: 44.0.....,:, Attest asto unman 5, y Burt L. Saunders, Chairman signature only. ' Approved as to form and legality: r -\.1\-- S�ALL1 A. SHKAR Assistant County Attorney 3 of 3 16A4 4 Exhibit A Bond No. 30 084905 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Naples Associates IV, LLLP (NAME OF OWNER) 1600 Sawqrass Corporate Parkway. Suite 400 (ADDRESS OF OWNER) Sunrise. Florida 33323 (ADDRESS OF OWNER) (hereinafter referred to as "Owner") and The Continental Insurance Company (NAME OF SURETY) 151 N. Franklin Street (ADDRESS OF SURETY) Chicago. IL 60606 (ADDRESS OF SURETY) (727) 209-1803 (TELEPHONE NUMBER OF SURETY) (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, Three Hundred Sixty Eight Thousand, Four Hundred Twelve and 15/100 Dollars ($2,368,412.15) 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 Brentwood Lakes — Plat One 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 16A4 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 29th day of January , 2020. WITNESSES: Naples Associates IV, LLLP, a Florida limited liability limited partnership By: Naples IV Corporation, A Florida-egrporation. its General Partner • By: —� By: {l e c.),t Ri . Printed Name/Title: N. Maria Menendez,Vice President Printed Name: BY:'_ C` / (Provide Proper Evidence of Authority) iii i... - - -= Printed Name: • Maky ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF BROWARD The foregoing performance bond was acknowledged before me by means of El physical presence or online notarization the '1'1(day of F- .brl t vy , 2020, by N. Maria Menendez as Vice President of Naples Associates IV, LLLP, who is personally know to me, or has produced as identification. \��ottlii#iNiii \`‘ CCkC.Mir.//i�'i ••.,\\SsioN•• �F���ii Notary Public- State of Florida •• c s(4 20 � •• 1,3 Aiii 4IN / / C. A..12.4ez( = = 1*GG 192428 �O9•••oeOnded�r o°a• 1k- Printed • � Printed Name '%,"9y„•yFa^ ;Su:9•' �o���� 16A4 SURETY ACKNOWLEDGEMENT (Surety Name and Title if Corporation) WITNESSES: - - The Continental Insurance Company , - -41110---...,•ii-iiii‘o.,44 By: _ By: Printed Name: Rebecca Stanton Printed Name/Title: Kevin R. Wojtowicz-Attorney-In-Fact _ -- (Provide Proper Evidence of Authority) By. ��— Printed Name: Jennifer Stephens NOTARY ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF PINELLAS The foregoing performance bond was acknowledged before me by means of Z physical presence or ET online notarization the 29th day of January. 2020, by Kevin R. Wojtowicz as Attorney-In-Fact of The Continental Insurance Company, who is personally known to me, or has produced as identification. Vgi‘t..... Notary Public - Sta e o Florida (SEAL) T.C. Brown Printed Name T C BROWN NOTARY COMMISSION K GG162189 ' PUBIS EXPIRES Jan.12,2022 STATE OF FLORIDA BONDEO THROUGH ��r RU INSURANCE COMPANY