Backup Documents 04/28/2020 Item #16A 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. I he completed routing slip and original documents are to be forwarded to the ( ouoh 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 Addressees (List in routing order)
Office
Initials
Date
1.
2.
3. County Attorney Office
County Attorney Office
�}
4. BCC Office
Board of County
s 6
Commissioners
5. Minutes and Records
Clerk of Court's Office
o<
,
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
4/28/2020
Agenda Item Number
16A3
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
a ro riate.
Initial
A licable
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
MN
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
MN
document or the final negotiated contrat;t date whichever is applicable.
6.
"Sign here" tabs are placed on theappropriatepages 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 on4/28/2020 and all changes made during
N/A is not
the meeting have been incorporated in the attached document. The County
an option for
Attorne '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 the
6# /
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 224.05; Revised 11/30/12
16A 3
MEMORANDUM
Date: June 1, 2020
To: Melissa Nute, Site Plans Reviewer
Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond ES00004979 and Construction and
Maintenance Agreement related to Manatee Cove
Attached for your records are copies of the documents referenced above, approved by
the Board of County Commissioners (Item #16A3) on Tuesday, April 28, 2020.
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
16A 3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND
entered into this 4 day of
referred to as "Developer", and
referred to as the "Board".
MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
May , 20 20 between Pulte Home Company, LLC hereinafter
Board of County Commissioners of Collier
RECITALS:
County, Florida, hereinafter
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: Manatee Cove
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 and Sewer Improvements
within 6 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 $2,213,063.05 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 T
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 day of , 20
SIGNED IN THE PRESENCE OF:
(Name of Entity)
Pulte Home Company, LLC
Witness: �
? / %/
By:
"N
Printed Name:
Mike Hueniken, Z,-,,,,d A(kwf0I,
� u �
Witness
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
Y
Printed Name:
ATTEST:
CRYSTAL K. KINZEL, CLERK
BOARD OF COUNTY COMMISSIONERS
OF
.,40LLIER COUN , FLORIDA
By: ' 4
By:
Burt L. Saunders _
Chairman
i5epu ' Cle
Approve. o an ega ity:
ignature only:
Agenda
date
Sally Ashkar
Assistant County Attorney
Rec'd ----
I
i
V—f
Deputy clerk
Exhibit A
'6A 3
PERFORMANCE BOND
BOND NO. ES00004979
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC (Name of Owner)
24311 Walden Center Dr., Ste 300 (Address of Owner)
Bonita Springs, FL 34134 (Address of Owner)
(Hereinafter referred to as "Owner") and
Everest Reinsurance Company (Name of Surety)
461 5th Avenue (Address of Surety)
New York, NY 10017 (Address of Surety)
646-828-5001 (Telephone Number)
(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 Thirteen Thousand
Sixty Three and 05/100 ($2,213,063.05) 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 of a certain subdivision plat named Manatee Cove, 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
16A 3W"
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 1st day of May, 2020.
WITNESSES:
Pulte Home Company, LLC
Printed Name
D. Bryce Langen, VP & Treasurer
(Provide Proper Evidence of Authority)
Printed Name
SEE ATTACHED NOTARY ACKNOWLEDGEMENT FOR PRINCIPAL
WITNESSES:
Everest Reinsurance Company
(C ��
By.
Printed Name: Irma Aguilar
Jer�rny Polk, Atto e -' ct
(Provide Proper Evidence of Authority)
Printed Name: Scott Buchanan
SEE ATTACHED NOTARY ACKNOWLEDGEMNT FOR SURETY
!bA 3
I,
executed this i-)+ day of2020.
"Atl
PRINCIPAL
BY: D. Bryce Langen, VP & Treasurer
Notary Attached
W ITN USES
F,Z, M-T%o (Amf - PA'( [; r(LE2_
Paj,4-r" NAME Rime I & � . % t4t
I6A 3
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
) SS.
COUNTY OF FULTON)
This record was acknowledged before me on May 1, 2020, appeared D.
Bryce Langen, VP & Treasurer of Pulte Home Company, LLC, provided to
me on the basis of satisfactory evidence to be the person who appeared
before me and is personally known to me.
WITNESS my hand official seal.
Signature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHiRLEY E kUTCHINS
Fotary Public - State of Georgia
Fulton County
C,»-miss.on Expires Mar 18, 2022
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On 5 1 24�O 2Q before me personally appeared Jeremy Polk whose
identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the attached
document.
(Seal)
v
r ,y Put7lfc State of Anzona
Kjaricopa county Notary Signature
I,! Mattnew Stanton Erra
�: Y �omm5so^ c:xy�05 i3 °Y2022
�`Y y'� �/tif�'~•T Matthew Stanton Erra
Commission Expires March 9` , 2022