Backup Documents 03/24/2020 Item #16A 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI,,
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 most be received in the County Allorne, 0111ce no hoer
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 compl cte with the
excention of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County Attorney (fllice.
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
Commissioners
�,
-CA
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 / De artment
Agenda Date Item was
3/24/2020
Agenda Item Number
16A6
Approved by the BCC
Type of Document
Plat &4+o*- —
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
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
bv 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
si nature 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 3/24/2020 and all changes made during
o'
the meeting have been incorporated in the attached document. The County
or
Attorne '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
Chairman's signature.
e,
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.0 ; evised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 6
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 Ofticc
at the time the item is placed on the agenda. All completed routing slips and original documents runs( he received in the County Attorney 01711ce no hrter
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
_ ,.c.w.. rlt .:_.....,.,+....:,.,,.,�..... .i�o o li— thmnnh m , ;na linrc ii l through #7 emmnlcte the checklist- and forward to the Countv Attorney Office.
.4...... ......... ... �.. .....,.. .. .,,...... ...._..
epee u0u vi me ..,uau uiw. a �. ......
Route to Addressees (List in routing order)
.......-- ---- ---- -----
Office
Initials
Date
1.
2.
3. County Attorney Office
County Attorney Office
�—T I zz
4. BCC Office
Board of County
Commissioners
b
5. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION VWV I--
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
d t t t staff for additional or missin information
above may nee o con ac
Name of Primary Staff
Melissa Nute
Phone Number
x-2361
Contact / Department
Agenda Date Item was
3/24/2020
Agenda Item Number
16A6
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
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 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 3/24/2020 and all changes made during
,,
the meeting have been incorporated in the attached document. The County
n opiio_
Attorne 's Office has reviewed the changes, if applicable.
his line.
9.
Initials of attorney verifying that the attached document is the version approved by the
F /A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the
o ti�n,fo
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. evised 11/30/12
16A6
MEMORANDUM
Date: July 28, 2020
To: Melissa Nute, Site Plans Reviewer
Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond US00097048SU20A and Construction and
Maintenance Agreement related to the Enbrook Subdivision
Attached for your records are copies of the documents referenced above, approved by
the Board of County Commissioners (Item #16A6) on Tuesday, March 24, 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
16Ab
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this day of , 20 between F.... tar(USA)Real Estate Group, Inc. 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: Enbrook
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 12 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 $6,471,373.98 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.
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.
16A6
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 ? 7n�' day of n ' _, 20
SIGNED IN THE PRESENCE OF:
(Name of Entity)
Forestar (USA) Real Estate Group Inc.
Witnes;}s:
r� s 1 C1-GLIi r°�0
-
By:
Printed Name:
{-) /���� r
Nicolas Aparicio - Florida Region President
Witness:
Printed Name/Title
(President, VP, or CEO)
1
Provide Proper Evidence of Authority)
Printed Name -
ATTEST:
CRYSTAL KINZEL, K ,
*°
1 ans
BOARD OF COUNTY COMMISSIONERS
OF
t� tast0C
OLLIER COUNTY, FLORIDA
By:
EBy:
Deputy Clerk
Burt L. Saunders
Chairman
Approved as to form and legality:
Item #
Agenda
Sally kark
Assistant County Attorney
Date
Date
rcec �7
Deput4CIer
)
V
1 A6
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Forestar (USA) Real Estate Group Inc.
12620 Telecom Dr.
Tampa, FL 33637
(Hereinafter referred to a "Owner") and
XL Specialty Insurance Company
70 Seaview Avenue
Stamford, CT 06902
BOND NO. US00097048SU20A
(Name of Owner)
(Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
03) 964-5200 (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 S,, Milhon PoorHwdred Seventy one Thousand Three Hundred Seventy Three and 98/100 Dollars
($6,471,373.98 ) 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 Enbrook 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
16A6
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 April / 2020 /
WITNESSES:
(Owner Name and Title if Corporation) Forestar (USA) Real Estate Group Inc.
By:
r
,
Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
i r;
ACKNOWLEDGEMENT
.1 I
STATE OF i au
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF ❑ PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF ` / I/ 40d-0l�
20 by r (NAME OF ACKNOWLEDGER) ASO�"t-✓1��
(TITLE) OF r " (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public— State of
(SEAL)
%�,,, ��`°° ' BRANDY BOHART
' / C[.Lt_ D :�••...`•'�:
MY COMMISSION # GG 364865
f ="� EXPIRES: August 12, 2023
Printed Name
WITNESSES:
(Surety Name and Title if Corporation)
XL Sped It Insurance Com an
�� --
ABy:
Printed Orne
Printed Name/Title
Amy R. Waugh
Noah William Pierce, Attorney -in -Fact
(Provide Proper Evidence of Authority)
I
John Thomas
Printed Name
STATE OF _
COUNTY OF
SWORN TO and subscribed before me by means of ❑ physical presence or ❑ online notarization this
. 2020, by Such person(s)
Notary Public must check applicable box:
❑ are personally known to me.
❑ produced her current driver license.
❑ produced
(Notary Seal)
Notary Public
Printed Name of Notary:
Commission Number: _
My Commission Expires:
identification.
16A
day of
STATE OF North Carolina
COUNTY OF Mecklenburg
The foregoing instrument was acknowledged before me by means of ❑X physical presence or ❑ online notarization
this �9 day of , i , 2020, by Noah William Pierce Such person(s)
Notary Public must check applicable box:
0 are personally known to me.
❑ produced her current driver license.
❑ produced as identification.
(Notary Seal)L' -k-li I
Notary Public
Printed Name of Notary: Catherine Thompson
Commission Number: N/A
r My Commission Expires: 4/9/22