Backup Documents 04/28/2020 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 6
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
at the time the item is placed on the agenda. All completed routing'lips 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 Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office e 3'1
L( -
4. BCC Office Board of County
Commissioners frrsl
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION 0044 ri2-am
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 4/28/20 Agenda Item Number 16A6
Approved by the BCC
Type of Document Plat Number of Original
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 ofyour deadlines!
8. The document was approved by the BCC on 4/28/20 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
BCC, all changes directed by the BCC have been made,and the document is ready for the PO
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 1 6 A 6
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 be forwarded to the County 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 Attomey 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 31141
5. Minutes and Records Clerk of Court's Officera(tta0?-1 tgast
�� d
PRIMARY CONTACT INFORMATION
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
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 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
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 4/28/2020_and all changes made during is
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
BCC,all changes directed by the BCC have been made, and the document is ready fo he
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
16A 6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 12' th day of stroEt , 20 21 between
CPL Lab,LLC hereinafter referred to as "Developer," and the 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: Career Pathways Learning Lab
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. subdivision improvements(water,wastewater,drainage and roads)
within sa 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$53,552.29 - 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 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 his 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 his
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 his designee to
inspect the required improvements The County Manager or his 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 .6A 6
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 his 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 his designee. The County Manager or his 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 his 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 12 thl' day of M`o.re / , 20 21 .
SIGNED IN THE PRESENCE OF: (Name offntity)CP ab, LLC
11-A} I
6, '„c,74//,,
Printed Name N($ mi Perez
�4G�e�,E3 v�/1 a `� Z
(PPrresident,
Nant,VP, or President & CEO
(President,VP, or CEO)
n
lj , (Provide Proper Evidence of Authority)
Printed Name
ATTEST:
CrYs ta`1 J '' f ing ,l: r BOAR LINTY COM ON S
Clerk or tt+.e Cl ii i t Court and OF CO R COUNTY, F O
Co .c
By: B
Deputy Clerk S to Chairman's y
Penny T lor, Ch. roan
Aproved as to form and
gality: . .•
Derek D. Perry
Ass}.stout County Attorne,
16A 6
Exhibit "A"
S 1750 Founders Pkwy.,Ste 150
SYTo' n J Alpharetta,GA 30004
IRREVOCABLE STANDBY LETTER OF CREDIT NO.: 16519602103
ISSUER: SYNOVUS BANK
1148 BROADWAY
COLUMBUS, GA 31901
(239)449-3138
(hereinafter"Issuer")
PLACE OF EXPIRY: FORT MYERS, FL (At Issuer's counters)
DATE OF EXPIRY: This credit shall be valid until January 28, 2022, and shall thereafter be
automatically renewed for successive one-year periods on the anniversary of the issue unless at least
sixty (60) days prior to any such anniversary date, the issuer notifies the Beneficiary in writing by
registered mail that the issuer elects not to renew this Credit.
APPLICANT: CPL LAB, LLC
2375 TAMIAMI TRL N SUITE 308
NAPLES, FL 34103
(239)430-9122
(hereinafter"Applicant")
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") do Engineering Review Services, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $53,552.29 U.S., up to an aggregate thereof.
CREDIT AVAILABLE WITH: SYNOVUS BANK
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT (SO AT SIGHT DRAWN ON
THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED
BY THE COUNTY MANAGER, CERTIFYING THAT: "CPL LAB, LLC has failed to construct and/or
maintain the improvements associated with that certain plat of a subdivision known as Career
Pathways Learning Lab or a final inspection satisfactory to Collier County has not been performed
prior to the date of expiry, and satisfactory alternative performance security has not been provided to
and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under
SYNOVUS BANK Credit No. 16519602103, dated January 28, 2021 "The original Letter of Credit and
all amendments, if any, must be presented for proper endorsement.
1
16A 6
1750 Founders Pkwy.,Ste 150
SYNO`jj TC Alpharetta,GA 30004
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which letter of Credit relates, and such any reference shall not
be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of
this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This letter of Credit is issued subject to the Uniform Customs and Practices for Documentary Credits,
2007 Revision, International Chamber of Commerce Publication No. 600.
Synovus Bank
By:
Kirkland Myers,Authorized Signer
2
16A 6
SOS
205 Del Prado Blvd.
Cape Coral,FL 33990
March 11, 2021
To Whom it May Concern:
The address for the Place of Expiry for the letter of credit provided for Learning Lab is:
Kirk D. Myers
Vice President
Commercial Banking
Synovus
16451 Healthpark Commons Drive#100
Fort Myers, Fl 33908
Sincerely,
L.j .� •
Kirk D. Myers
16 'A 6
SECRETARY'S CERTIFICATE
OF
SYNOVUS BANK
I. Mary Maurice Young, do certify that I am Secretary of Synovus Bank (`'Bank"), and
that pursuant to the Bylaws of the Bank and Resolutions promulgated thereunder. I do further
certify as follows:
Kirkland Myers, as a Commercial Banker IV, is authorized to act on behalf of the Bank
with respect to the Bank's interest in that certain Irrevocable Standby Letter of Credit between
Bank and CPI— Lab, LLC.
That such officer is authorized to execute such other documents and instruments and take
such further actions on behalf of the Bank as shall be necessary, appropriate, and desirable on
behalf of the Bank in connection with the foregoing matters.
This certificate is given on behalf of Bank as of this 10th day of March, 2021.
� pVUS134N
• •. -/PIA.M1(
• :S•(NOVUs, . �►, Mary Maurice Yo g
• ��� • Corporate Secretary
•
its
'. q NK SEP�':•
•
.•
`� FORG�P•r
16 * 6 .
f NOLI 7400 Trail Blvd.,Butte 200
Maples,FL 3410R
BARBER Sc PH:(2391 597-31 1 1
>. BRUNDAGE, INC.
Professional Engineers,Planners,Surveyors&Landscape Architects
POTABLE WATER&FIRE
ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL
1 12"X6"Hot-Tap 2 EA $3,000.00 $6,000.00
2 6"45°Elbow 2 EA $500.00 $1,000.00
3 Fire Hydrant w/6"Tee&6"Gate Valve 3 EA $3,000.00 $9,000.00
4 Fire Hydrant w/Bollards Relocated 1 EA $2,000.00 $2,000.00
5 Temporary Sampling Point 2 EA $500.00 $1,000.00
6 6"Tee 1 EA $500.00 $500.00
7 6"PVC C900 DR-14 Water main 931 LF $15.00 $13,965.00
8 Residential Water Service 18 EA $300.00 $5,400.00
9 6"Gate Valve 1 LF $800.00 $800.00
Subtotal $39,665.00
SEWER
ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL
1 8"PVC SDR-26 685 LF $23.00 $15,755.00
2 Residential Sewer Lateral 18 EA $300.00 $5,400.00
3 Manhole(Oft-6ft deep) 3 EA $2,300.00 $6,900.00
4 Drop Manhole(Connect to Ex.MH) 1 EA $1,000.00 $1,000.00
5 6"PVC Cleanout 1 EA $150.00 $150.00
Subtotal $29,205.00
DRAINAGE
ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL
1 24"x 38"ERCP 245 LF $55.00 $13,475.00
2 8"HDPE 448 LF $12.00 $5,376.00
3 10"Type 2 Pipe 350 LF $15.00 $5,250.00
4 18"RCP 468 LF $30.00 $14,040.00
5 24"RCP 52 LF $42.00 $2,184.00
6 Type C Inlet 4 EA $1,500.00 $6,000.00
7 Type X Inlet 5 EA $800.00 $4,000.00
8 Gutter Inlet with Type C Box 4 EA $1,800.00 $7,200.00
9 Straight Concrete Endwall 2 EA $3,000.00 $6,000.00
10 Junction Box 2 EA $2,500.00 $5,000.00
11 24"x 38"ERCP Mitered End Section 3 EA $3,000.00 $9,000.00
12 24"Mitered End Section 1 EA $2,500.00 $2,500.00
13 Control Structure(Modified Type C Inlet) 1 EA $2.000.00 $2,000.00
14 Rip-Rap 60 SY $35.00 $2,100.00
Subtotal $84,125.00
PAVING&GRADING&MISC.
ITEM DESCRIPTION QUANTITY UNIT UNIT COST SUBTOTAL
1 1.5"Type S-111 Asphaltic Concrete 2,264 SY $4.00 $9,056.80
2 6"Limerock Base 2,264 SY $5.00 $11,321.00
3 12"Stabilized Subgrade 3,311 SY $1.80 $5,959.44
4 Type"F"Curb 53 LF $15.00 $795.00
5 6"Concrete Sidewalk 603 SY $25.00 $15,075.00
5 6"Concrete Sidewalk(Installed) 444 SY $25.00 $11,100.00
6 8"Ribbon Curb 236 LF $12.00 $2,832.00
7 Valley Gutter 1,575 LF $10.00 $15,748.00
8 ADA Mats 8 EA $200.00 $1,600.00
9 Signing and Striping 1 LS $500.00
eq�"::�'"`1'0"4Street Lighting 1 LS $17,000.00 $500.00
`,,,,`'``` , if, wh�'�llet P'r ction 13 EA $200.00 $17,000.00$
$2,600.00
` 4 ' ...•`12-�Sjl `encP; 7,804 LF $1.25
` $9,754.50
c :` Gc--h$j1:an8sca¢inti&Irrigation 1 LS $62,000.00
Subtotal $165,341.74
L.
3g3a2 v Bond Amount
NO Complet4d 1§%Bond $294,204.94 $29,420.49
' Not Com feted: 100%Bond
rit 4( O� P $24,131.80 $24,131.80
SIP: 4.SF: $53,552.29
G : i
•., fiL. vl O. a
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16A 6
CPL LAB,LLC
Action by Written Consent
of the Sole Member
February 18,2021
The undersigned, being the sole member (the "Sole Member") of CPL LAB, LLC, a
Florida limited liability company(the "Company"), hereby adopts the following resolutions by
written consent pursuant to Section 605.04073 of the Florida Revised Limited Liability Company
Act with the same force and effect as though such resolutions has been adopted at a duly called
and convened meeting of the Sole Member held on the date hereof:
APPOINTMENT OF OFFICERS
RESOLVED, that effective as of December 1, 2020 (the"Effective Date"), the following
persons (each a "Proper Officer" and collectively, the "Proper Officers") be and hereby are
elected to the offices of the Company set forth below,each to serve at the discretion of the Member
until their successor shall be elected or until their prior death, resignation or removal:
Name Office
Noemi Perez President& CEO
FURTHER RESOLVED, that the Proper Officers of the Company as set forth above may
certify to any person, firm or corporation having an interest therein that the foregoing resolutions
are in conformity with the Articles of Organization and the Operating Agreement of the Company
and may also certify to any such person, firm or corporation the text and due adoption of the
foregoing resolutions, and the incumbency and true signature of all persons holding offices in the
Company.
FURTHER RESOLVED,that this Unanimous Consent may be executed in any number of
counterparts,including by facsimile or electronic signature,each of which,when so executed,shall
be deemed an original,but all such counterparts shall constitute one and the same instrument.
[Signature Page Follows]
3561645v1
16A 6
SIGNATURE PAGE TO ACTION BY WRITTEN CONSENT
OF THE SOLE MEMBER OF CPL LAB, LLC
Sole Member:
THE IMMOKALEE FOUNDATION, INC.
By:
Name: Noem Perez
Title: President and CEO
3561645v1