Backup Documents 02/08/2022 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 3THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. l lie completed routing slip and original documents HIT in he forwarded to the('uunte 111nrne)0Ilirc
al the time the item is placed on the agenda. .%II completed routing slips and original documents must be received in the('ounty Allornet I)Ilice no lair,
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 lithe 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
P (A-11-1/
4. BCC Office Board of County
Commissioners 4/ 6/8 2?
5. Minutes and Records Clerk of Court's Office
dtva roq ti
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 Lucia S. Martin Phone Number x-2279
Contact/ Department
Agenda Date Item was 02/08/2022 Agenda Item Number 16.A.3
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? LM
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. LM
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 LM
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 LM
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 2/08/2022 and all changes made during
the meeting have been incorporated in the attached document. 'The County Doe
Attorney's Office has reviewed the changes,if applicable. Y�J 1 1'at
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 ,n f1 r steei
Chairman's signature. �/Y „I
•
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 s
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this S " day of May, 2022 between Lennar Homes, LLC and KLLB AIV, 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 a certain plat of a subdivision to be known as: Ranch at Orange Blossom Phase 5A.
B. Chapters 4 and 10 of the Collier County Land Development Code requires 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: the required subdivision improvements as indicated on the
opinion of probable cost prepared by Barraco and Associates, Inc. (attached hereto as Exhibit "C")
within 24 months from the date of approval of 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$14,529.90 which amount represents 10% of the
total contract cost to complete construction plus 100% of the estimate 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 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.
[21-EIS-04469/1686591/1] Page 1 of 4
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6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or 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 Collier County 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.
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.
[Space Intentionally Left Blank]
[21-EIS-04469/1686591/11 Page 2 of 4
16A 3
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by their
duly authorized representatives this_4'day of May 2022.
Signed in the Pr sence of:
"2":„..„. 1 v...e
Witness#1 Signature AS TO ELOP. '
��-jw1U All -nnar - e., LLC
Witness#1-Printed Name
. .4,1004
2
; �7`; �� . . Ru•.ell R. I S *th Vic President
Witness#2 S nature
1 / /
Evidence of signi : authority attached hereto
kql-kt I /�_<< F' as Exhibit"B"
Witness#2inted Name
[Additional Signature Page Follows]
121-EIS-04469/1686591/1] Page 3 of 4
I 6 A 3
Signed in the Presence of:
7710(01 4.6/
Witness#1 Signature AS TO DEVELOPER:
WafhWitness
#1Printed Name
By: •
Ryan ott,Authorized Signatory
Witness#2 Signature
ritia n If Evidence of signing authority attached hereto
(' as Exhibit"B"
Witness#2 Printed Narvi
AS TO BOARD:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL,cLfRK COLLIER COUN ;t' - . -
61) AIW
.66
-)AkkjiVA
By. •
< I` By. ,'
yep -rk Wil am L. McDaniel, Jr.
Attest as to Chairman.'.5 Cha rrean
sinature only..
A oved as to form and legality:
Derek D. Perry
Assistant County Attorney
[21-EIS-04469/1686591/11 Page 4 of 4
1 6 A 3
EXHIBIT "A"
1 6 A 3
FIDELITY GUARANTY AND ACCEPTANCE CORP .
700 NW 107 AVENUE - SUITE 204
MIAMI . FLORIDA 33172
PHONE ( 305 ) 553- 8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-22200
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
700 NW 107TH AVENUE,SUITE 204
MIAMI, FLORIDA 33172
PHONE(786)257-4353
DATE OF ISSUE: APRIL 12,2022
PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE,SUITE 204
MIAMI, FLORIDA 33172
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL. APRIL 12, 2023,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: LENNAR HOMES, LLC.(HEREINAFTER"DEVELOPER")
10481 BEN C PRATT SIX MILE CYPRESS PARKWAY •
FORT MYERS,FLORIDA 33966
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY, FLORIDA
(HEREINAFTER"BENEFICIARY")
C/O GROWTH MANAGEMENT DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES,FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $14,529.90 (FOURTEEN 'THOUSAND FIVE
HUNDRED TWENTY-NINE AND 90/100 US DOLLARS)
RE: INFRASTRUCTURE CONSTRUCTION
PROJECT NAME: RANCH AT ORANGE BLOSSOM PHASE SA
CREDIT AVAILABLE
WITH: ISSUER
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENF;FI(I ARTS
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER,OR HIS DESIGNEE,CERTIFYING THAT:
A. "(I)DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS RANCH AT ORANGE BLOSSOM PHASE 5A
AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS(THE "LAND DEVELOPMEN 1
REGULATIONS"): (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR
CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED; AND (III)THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED
FOR THEREIN, IF ANY.";
OR
B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR RANCH AT ORANGE BLOSSOM PHASE SA AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS")SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE
DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY' HAS NOT BEEN
PROVIDED TO AND ACCEPTED BY THE BENEFICIARY."
1 6 A 3
FIDELITY GUARANTY AND ACCEPTANCE CORP .
7 0 0 NW 1 0 7 AVENUE - SUITE 2 0 4
M I A M I . FLORIDA 3 3 1 7 2
PHONE ( 305 ) 553 - 8724
TIIIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-22200 PAGE 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDELITY
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-22200, DATED APRIL 12, 2022" AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS, IF ANY, FOR
PROPER ENDORSEMENT.
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 THIS LETTER
OF CREDIT RELATES,AND ANY SUCH 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 AND CONDITIONS OF THIS CREDIT WILL.BE DULY HONORED BY ISSUER IF PRESE\WED
WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN AT IHF:
PLACE OF EXPIRY PRIOR TO 4:00 P.M.EST.ON OR PRIOR TO THE DATE OF EXPIRY.PRESENTATIONS IIAI
BE MADE BY CERTIFIED OR REGISTERED MAIL,RETURN RECEIPT REQUESTED OR BY FEDERAL EXPRESS
OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600.
11E1E1,I I l GUARANTY AND ACCEPTANCE CORP.
JOY CHAMBERS,AUTHORIZED AGENT
1 6A 3
EXHIBIT "B"
16A 3
KENNEDY
/ LEWIS
INVESTMENT
MANAGEMENT
I,Anthony Pasqua, Managing Partner of Kennedy Lewis Investment Holdings II LLC,the controlling
entity of Kennedy Lewis GP II LLC and Kennedy Lewis GP III LLC,the controlling entities of the entities
listed in the Appendix (the "Entities") do hereby certify and represent as of January 26, 2022 that:
The following individual(s) is/are duly authorized to act as agent for the Entities for the following
purposes: signing and executing memorandum of options, specialty warranty deeds, bill of sale and
general assignment, option agreements, construction agreements, purchase agreements, notice of
termination of option and quitclaim, and anything else in the normal course as it relates to investments
within the Entities. The Entities have taken all necessary corporate action to authorize the following
person(s), identified by name and specimen signature below, to act as authorized officer(s) empowered
by it to individually take any of the foregoing actions on behalf of the Entities. Such persons are duly
authorized officers of the Entities holding the respective office(s) or title(s) set forth opposite the names
below.The signatures set forth below, opposite the respective name(s), are true and genuine
signatures.
This certification supersedes all prior authorization, power of attorney or certification; it will remain
in effect and fully binding until further notice. The power to represent the Entities as above provided
may not be further delegated.
NAME TITLE SPECIMEN SIGNATURE
Ryan Mott Authorized Signatory
IN WITNESS WHEREOF, I have hereunto affixed my signature,this day of January 26, 2022
a� 1
Anthony Pasqua
Managing Partner
16A 3
KENNEDY
/ LEWIS
INVESTMENTIn
MANAGEMENT
APPENDIX
KL LHB AIV LLC
KL LHB CHP AIV LLC
KL LHB PHL AIV LLC
KL LHB DSD AIV LLC
KL LHB AZ AIV LLC
KLLB AIV LLC
KL LHB3 AIV LLC
DocuSign Envelope ID: 17847EB6-A80E-4E98-89C2-8732609C4D08 S
WRITTEN CONSENT TO COMPANY ACTION
BY THE SOLE MEMBER OF
LENNAR HOMES, LLC
January 28, 2020
The undersigned, being the sole member of LENNAR HOMES, LLC, a Florida limited
liability company (the "Company"), pursuant to the provisions of the Florida Limited Liability
Company Act and the Amended and Restated Operating Agreement of the Company, hereby
agrees and consents to the adoption of, and does hereby adopt, the following resolution:
RESOLVED, that Russell Smith be, and hereby is, elected to the office of
Vice President of the Company, to serve the Company in such capacity until the
next annual meeting of the member of the Company, or until a successor is duly
elected and qualified, or until his earlier resignation or removal from office.
A facsimile or PDF of a signature, or an electronic signature, to this Written Consent shall
be deemed as valid as an original signature thereto.
IN WITNESS WHEREOF,the undersigned has executed this Written Consent effective as
of the date first written above.
SOLE MEMBER:
U.S. HOME CORPORATION, a Delaware
corporation
—DocuSigned by:
1ti4yt S LI s at&o.
By: Mark S�ust7o
ana, Vice President
1 6 A 3
EXHIBIT "C"
1 6 A 3 .
Barraco www.barraco.net
and Associates, Inc. Civil Engineers, Land Surveyors and Planners
ENGINEER'S OPINION OF PROBABLE COST
for the construction of
RANCH AT ORANGE BLOSSOM PHASE 5A
PPL Amendment
December 2, 2021
ITEM UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
I. ROADWAY
160-i Type "B" Stabilization (12") 367 SY $5.0o $1,835.00
200-1 Limerock Base w/Prime Coat (6") 294 SY $ii.00 $3,234.00
331-1 Asphalt Concrete Type S-III 3/4" (1st lift) 294 SY $5.00 $1,470.00
331-2 Asphalt Concrete Type S-III 3/4" (2nd lift) 294 SY $5.00 $1,470.00
700-1 Signing and Pavement Markings 1 LS $1,000.00 $1,0oo.00
SUB-TOTAL: $9,009.00
II. LANDSCAPING
A. Sabal Palm 12 EA $350.00 $4,200.0o
SUB-TOTAL: $4,200.00
TOTAL: $13,209.00
10% BOND TOTAL: $1,320.90
BOND TOTAL: $14,529.90
Estimated Date of Completion: 06/22
Barraco and Associates, Inc.
2271 McGregor Boulevard, Suite too
Fort Myers, FL 33901
Certificate of Authorization No. 7995
`tilllllilf/f,
\ ,1\� ft.. EA ?,//�j
No.38536 ,,
* _
fi Au c>.
/ Si9' -2'L
Car A. �:raco;-e1071.'
`Florida P.I~;.No.38536-, '
For the Firm
1