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Backup Documents 09/22/2020 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I • 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 slips and original documents must he received in the County Attorney()Mee 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 docutncnt 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 0 0(/ \c \ L` 4. BCC Office Board of County b 1 Commissioners 5. Minutes and Records Clerk of Court's Office fir- 21 tb:5-1 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 9/22/2020 Agenda Item Number 16A 17 Approved by the BCC Type of Document CMA&Performance Bond 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 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 9/22/2020 and all changes made during the meeting have been incorporated in the attached document. The County t t 41 Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the IA 1 BCC,all changes directed by the BCC have been made,and the document is ready for the p Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.' .0 'evised 11/30/12 f6A17 MEMORANDUM Date: June 28, 2021 To: Melissa Nute, Site Plans Reviewer Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Tamarindo: Construction & Maintenance Agreement and Performance Bond No. 800042815; Plat & Joinder and Consent to Plat Attached are the original Plat and Joinder & Consent to Plat and copies of the Construction and Maintenance Agreement and Bond document referenced above, approved by the Board of County Commissioners (Item #16A17) September 22, 2020. The original Bond and Construction and Maintenance Agreement 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 11 $ A17 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CO STRUCTION AND MAINTENANCE AGRE MENT FOR SUBDIVISION IMPROVEMENTS entered into this a» day of v+G pbr , 20 eiln between Forestar(USA)Real Estate Group,Inc hereinafter referred to as "Developer", and Board ounty 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: TAMARINDO 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: Sanitary Sewer,Potable Water,Storm Drainage,Paving&Grading,ROW&Turnlane,Landscaping 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$ 4,830,717.18 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. 16Ai 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) Forestar(USA)Real Estate Group,Inc. Witness: % ✓ j y.Z, Printed Name: Tony Squitieri, Division President nv-(r . C.ct.(‘mecc-1( Witness: Printed Name/Title (President,VP, or CEO) (Provide Proper Evidence of Authority) Printed Name: ATTEST: CRYSTAL K. KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS OF 6aR COUNTY, O ID By: « By: .� Deputyl� 0'' tinan's Pen-ny Tayler, Chairman pp a�i Approved ��14.��'�. ! legality: .) item# � 1 Lt. Agenda 43 21) . Derek D. PerryY Gate — Assistant County Attorney Date t Rec'n bet;:;ty Clerk I6A17 Exhibit "A" PERFORMANCE BOND BOND NO. 800042815 KNOW ALL PERSONS BY THESE PRESENTS: that Forestar(USA) Real Estate Group, Inc. (Name of Owner) 2221 E Lamar Blvd, Suite 790 (Address of Owner) Arlington, TX 76006 (Address of Owner) (Hereinafter referred to a "Owner")and Atlantic Specialty Insurance Company (Name of Surety) 605 Highway 169 North, Suite 800 (Address of Surety) Plymouth, MN 55441 (Address of Surety) (952) 852-2431 (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 ` "° Dollars ($4,830,717.18 ) 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 Tamarindo(fka Rockledge) 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 16A1 ? [intact] INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does hereby constitute and appoint: Michelle Anne McMahon,Donna M Planeta,Joshua Sanford,Aimee R Perondine,Bethany Stevenson,Tanya Nguyen,Rebecca Stevenson,Bryan M.Caneschi,Melissa Stanton,Alexis Apostolidis.Phillip Knower,Brendan Fletcher,Cassandra Baez,Jacqueline Rose Susco,Kathryn Pryor,Nicholas Turecamo.each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof:provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto:and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto:and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances.contracts of indemnity,and all other writings obligatory in the nature thereof, This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of.ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Compam to be affixed this twenty-seventh day of April,2020. Qv `ORPOR4, 9C Af(1/7144vt w SEAL m? ``2 1986 0= By ST\ f OF MINNESOTA Z6 tiFw Paul J.Brehm.Senior Vice President On this twenty-seventh day of April,2020,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instnument.and he acknowledged the execution of the same,and being by me duly sworn,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. '> g., ALISON MAN NASH•TROUT ^//I I ' -r NOTARY PUBLIC•MINNESOTA /�MA i`Cfit- My Commission Expires January 31,2025 Notary Public I,the undersigned.Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions et forth above are now in force. Signed and sealed. Dated 7. I` day of /f A, I '1 •0,• t IN so,,, sic..P 9 ei (,GRPOR4IF9cx -� SEAL re 1996 0' This Power of Attomey expires foraFw roPdSt/ t� January 31.2025 1 v ,• Kara Barrow,Secretary Please direct bond verifications to IIIA17 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 ?th day of April 202I / _/ • W T ESSES: (Owner Name and Title if Corporation) ` ,— l urc,tar It'SA) Rcal l ,rate(iron!). Inc. tsl-sNe {c A1VCnek' �/ D /- z-a` Printed Name Print d Name/Ti ae • t� ,e��� A pa-0CA,o R- ��' i o�� r'r'S-�de�c{- 7��L a� (Provide Proper Evidence of Authority) Printed Nam ACKNOWLEDGEMENT STATE OF I--( trY I COUNTY OF 11tIsOOrOW' In- THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF $4 PHYSICAL ESE C OR ❑ ONLINE NOTARIZATION THIS DAY OF Li / / 0-)o)-I 20 _. by j.�leD tO-s a r t u-O (NAME OF ACKNOWLEDGER) AS V1, eq; n Pre,1d�� (TITLE) OF f'OrKIA�C Gtsp) G(I t tlf NAMIE OF COMPANY) WHO IS Pe-SONALLY KNOW Ti---- - /,“),,OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of 1' I D(r! dG✓ --.. . •P - -- - (SEAL) P �0pti�"•r"! ;; BRANDYSOHART 364865 'i� dll v1Ai ;, �� 'a EXPIRES:August 112,2023 g ; °,•' Bonded Thu Notary Public UnderYtka» Printed Name—) aw - - WITNESSES: (Surety Name And Title if Corporation) \tlantk: Snccialt% 1il,urancc('rnntrmv By: Printed Name Printed Name/Tile \ichoila. lltrtianio. .\ttorth.: -in-1-act (Provide Proper Evidence of Authority) iiah tit,•.,n,c+n.\\wk.,. Printed Name J,,.hua s.utt ,r,l. \\itnc.. — l6A17 ACKNOWLEDGEMENT STATE OF (O11"licut COUNTY OF Hard THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ❑ PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 4 / 20 21 , by Nichol,, turccamo (NAME OF ACKNOWLEDGER) AS .\ttorncy-in-I arl (TITLE) OF .\tIantic Spccialt‘ In,urancc Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED \ A AS IDENTIFICATION. Notary Public—State of c omnccticut (SL) �l Printed Name ,\roue Pcrundine _ ;r„y x=' pER'ONDiNF. -D f D011LIC - CT 17-114; ..c:-!r,,,FY0!r'Ec.M" �. jn', ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL, DOCUMENTS SENT TO 1 6 1 7 THE I3OARD 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 Oflier 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 DD e ce l►6,Iz( 4. BCC Office Board of County 91--- Commissioners i k p 5. Minutes and Records Clerk of Court's Office leaSeal 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 9/22/2020 Agenda Item Number 1 6A 17 Approved by the BCC t� Type of Document Plat i4e-I Hyltran ;sav•lO �I 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 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 9/22/2020 and all changes made during r e e the meeting have been incorporated in the attached document. The County- cQ ,or 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 0 eet' 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 16A17 PREPARED BY AND AFTER RECORDING RETURN TO: K. Michelle Jessell. Esq. Nelson Mullins Broad and Cassel 1905 NW Corporate Blvd., Suite 310 Boca Raton, Florida 33431 JOINDER AND CONSENT TO PLAT The undersigned hereby certifies that it is the holder of the Mortgage and Security Agreement by Forestar (USA) Group Inc., a Delaware corporation, in favor of D.R. Horton, Inc., a Delaware corporation, dated September 28, 2020 and recorded September 29,2020 in Official Records Book 5822. Page 2076, of the Public Records of Collier County, Florida, in the original principal sum of$3.200,250.00 (the "Mortgage"). The Mortgage encumbers the lands described in the Plat of "Famarindo (the "Plat"). The undersigned hereby joins in and consents to the dedications by the owner of the lands described in the dedication section in the Plat and agrees that the Mortgage and the lien thereof shall be subordinated to said dedications in such Plat. SIGNED IN THE PRESENCE OF: D.R. H9 c.;2 elaware corporation C-Cdkivo (11\ ,IG,5NIATURE , Name. Jus--;v1 S d 't ins A'}'V�ey A imr z Title: Ohl, -Pres1/4,ci8t�� PRINTED NAME -- SIGNATURE/ PRINTED NAME STATE OF FLORIDA COUNTY OF L The foregoing joinder and consent was acknowledged before me, by means of ID physical presence or online notarization, this ILOA' day of ) ti� , 2021, by -jug v1 '0\0b\h S as v. \'tes',dentof D.R. Horton, Inc., a Delaware corporation on behalf of the company. He/ She is L.- • personally known to me or has produced as identification. -- - - - - - - ' ��,/01 - _ t;nY% c: ASHLEY KOZA NOTARY PUB C •_ :#: MY COMMISSION ItGG 280775 :ai ^�. EXPIRES:December 11,2022 My Commissi n Expires ; `' << Bonded Thru Notary Public Utdervnitef5 4832-2051-1982 v 2/