Backup Documents 03/24/2020 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 5
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 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
1.
2.
3. County Attorney Office County Attorney Office • •
4. BCC Office
Board of County Commissioners 6141115.15 id (21)
5. Minutes and Records Clerk of Court's Office PIT :25-W
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 3/24/2020 Agenda Item Number 16A5
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? 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 3/24/2020 and all changes made during
the meeting have been incorporated in the attached document. The County /�
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the n
BCC,all changes directed by the BCC have been made,and the document is ready for 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
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A 5
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 Quire
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#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 00iicc.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office S\A_ S t9 qi)
4. BCC Office Board of County
Commissioners
5. Minutes and Records Clerk of Court's Office
406
PRIMARY CONTACT INFORMATIONS-�
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressed
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 3/24/2020 Agenda Item Number 16A5
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 fmal 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 :....r'
the meeting have been incorporated in the attached document. The County .• enjor
fo
Attorney's Office has reviewed the changes,if applicable. e s f;
9. Initials of attorney verifying that the attached document is the version approved by the VVV �t
BCC,all changes directed by the BCC have been made,and the document is ready for the -tc en for
Chairman's signature. plus lu e,
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 5
MEMORANDUM
Date: August 25, 2020
To: Melissa Nute, Site Plans Reviewer
Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond 9303998 and Construction & Maintenance
Agreement related to Azure at Hacienda Lakes, Phase 3
Attached for your records are copies of the documents referenced above, approved
by the Board of County Commissioners (Item #16A5) 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
t6A5
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this Zoe day of Su.LY , 20 20 between Toll FL XIII Limited Partnership by Toll Southeast LP Company,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: Azure at Hacienda Lakes-Phase 3
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: all required improvements
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$ 1,368,004.00 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.
16A5
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 2,O1 ' day of iU 19 , 207,0
SIGNED IN THE PRESENCE OF: (Name of Entity)
Toll FL XIII Limited Partnership by Toll Southeast LP Company,Inc.
Witnes / .K
,� By:
Prirft�d Name:
-7#41`'1 ES L 1 - Kevin R. Brown, Division President
Witn s• Printed Name/Title
(President,VP, or CEO)
(Provide Proper Evidence of Authority)
Pr eVec39" A . `\1 0,�fe
ATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
:`, -,� OF
COLLIER COUNTY, FLORIDA
H,
By: By:
Deputy Clerk *4,; Bu44%.,ge•e**`"*"
unders
Approvetrkg{f I Ilk: Chairman
a
r51 klc��1�e �[ j�•` Rpm#t __
Agenda
_Sally Ashkar Date /
Assistant County Attorney
Date .V Q�
Rec'd .11
Deputy Clerk , t1
I 6 A 5
PERFORMANCE BOND
BOND NO. 9303998
KNOW ALL PERSONS BY THESE PRESENTS: that
Toll FL XIII Limited Partnership (Name of Owner)
By: Toll Southeast L.P. Company, Inc.
(Address of Owner)
24201 Walden Center Dr. #204
(Address of Owner)
Bonita Springs, FL 34134
(Hereinafter referred to as "Owner") and
Fidelity and Deposit Company of Maryland ( Name of Surety)
2000 Market Street, Suite 1100, Philadelphia PA 19103 (Address of Surety)
215-861-6636 (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 One Million Three Hundred Sixty-Eight Thousand Four and
00/100 Dollars ($1,368,004.00) 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 of a certain subdivision plat named Azure at Hacienda Lakes— Phase 3 for 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
I 6 A 5
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 5 TH day of MARCH, 2020.
WITNESSES: Toll FL XIII Limited Partnership by Toll Southeast LP Company, Inc.
C. By: l I
L .
eSSUCa- I.-1n✓�
rinted Name Printed Name/Title Kevin R. Brown, Division President
ilil,gti/(1/7 (Provide Proper Evidence of Authority)
('{Stereo Leos
Printed Name
STATE OF o(,e'o1
COUNTY OF r+--Ge.
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF 0 PHYSICAL PRESENCE OR
❑ ONLINE NOTARIZATION THIS 1 j ''".\ DAY OF ',i\/Ottfc.. . , 2020, BY ‘ic.,,e ,n Y8,179K...�
SUCH PERSON(S) NOTARY PUBLIC MUST CHECK APPLICABLE BOX:
I t}ARE PERSONALLY KNOWN TO ME.
❑ PRODUCED HER CURRENT DRIVER LICENSE.
n PRODUCED AS IDENTIFICATION.
(NOTARY SEAL) _
�
I NOTA Y PU LIC `#
' ,,,, a r.r(nd/-';'," aco :4 •':.L< + PRINTED NAME OF NOTARYTI b�4aat ✓'1 ' 1
, 17
i',;0 N :• ;'t COMMISSION NUMBER: F D 3
{'3 U V' , MY COMMISSION EXPIRES:
_iY+u:--a:i.."...uT;no,.,,,, •..a.o �� p-p t(J
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' .,.. Tr A AIALLCY I
AFF833e,3
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22,2020
'•'t�`� -`'`° 9or1aa f`r.;t:'dy i,_ ,r,Und�iwr,.rs
I6A5
WITNESSES: Fidelity and D posit Company of Maryland
Kelly Hennessy, Witness .Daniel P. Dunigan/Attorney-in-Fact
1/0//t,i/x,ef, / 4(Provide Proper Evidence of Authority)
William Simkiss, Witness
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MEANS OF E] PHYSICAL PRESENCE OR
ONLINE NOTARIZATION THIS 5TH DAY OF MARCH, 2020, BY DANIEL P. DUNIGAN.
SUCH PERSON(S) NOTARY PUBLIC MUST CHECK APPLICABLE BOX:
ARE PERSONALLY KNOWN TO ME.
l PRODUCED HER CURRENT DRIVER LICENSE.
❑ PRODUCED AS IDENTIFICATION.
(NOTARY SEAL)
114/1 /Z-I4
NOTARY PUBLIC
PRINTED NAME OF NOTARY: THERESA BASSETT
COMMISSION NUMBER: 1007826
MY COMMISSION EXPIRES: 10/12/2023
Commonwealth of Pennsylvania-Notary Seal
THERESA BASSETT,Notary Public
Chester County
My Commission Expires October 12,2023
Commission Number 1007826