Loading...
Backup Documents 05/26/2015 Item #16A 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �j Q THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN iJ ' ' 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. 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 _OWLS 4. BCC Office Board of County Commissioners � to; LoI ak 6 5. Minutes and Records Clerk of Court's Office7y 1O l P 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 John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was May 26,2015 ✓ Agenda Item Number 16-A2 v/ Approved by the BCC Type of Document Plat - Parrot Cay Number of Original One 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? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH 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 JH 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 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 May 26,2015 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 4) 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 & ROUTI G P TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR G A nig 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 be received in the County Attorney Office no later than Monday preceding the Board meeting. 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. At 3. County Attorney Office County Attorney Office 4. BCC Office Board of County —11) bfri Commissioners -DTA(ci Col a I S 5. Minutes and Records Clerk of Court's Officebfrzio l ppm 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 John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was May 26,2015 ✓ Agenda Item Number 16-A2 ✓ Approved by the BCC Type of Document Construction&Maintenance Agreement ✓ Number of Original Two ti Attached and Performance Bond - Parrot Cay 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? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 JH 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 JH 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 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 May 26,2015 and all changes made during the meeting have been incorporated in the attached document. The County 11, 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 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 1 6 A 2 MEMORANDUM Date: May 27, 2015 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Standard form Construction and Maintenance Agreement and Performance Bond CMS0281101 for the final plat of Parrot Cay Attached for your records are copies of the documents referenced above, (Item #16A2) approved by the Board of County Commissioners on Tuesday, May 26, 2015. The originals have been 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. Attachments 16A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 30th day of April / / , 20 15 between 64.6k* [. kalaoo,LL .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: Parrot Cay 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&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$1,515,832.12 -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. 1642 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 /01.4 day of 1 L , 20 15 . SIGNED IN THE PRESENCE OF: (Name of Entity)Parrot Cay Holdco,LLC By:Donald Me. Printed ail_ Printed a e/Tit - w�� (President, VP, or CEO)V•P• 7 - (Provide Proper Evidence of Authority) Printed Name Z 1�,�K-I See attached ATTEST - -- DWIGHT E:13 OCK, CLERK BOARD OF COUNTY COMMISSIONERS ;v:, OF COLLIER C• I ` ',f)•0-1! By: L % 0 4 L® f 0 C - By: Deputy CIA a'N,tAr airman's Approv-dirt: kerorii?d legality: TIM NANCE, CHAIRMAN Assistant County •ttorney Scott A. Stone .. . 1. 6A2 PARROT CAY HOLDCO LLC Certificate The undersigned hereby certifies as follows: 1. I am the duly elected and acting General Counsel, Corporate and Secretary of iStar Financial Inc., a Maryland corporation, which is the sole member of Parrot Cay Holdco LLC, a Delaware limited liability company(the"Company"). • 2. Donald E. Mears is a duly elected and acting Vice President of the Company and, in that capacity, is authorized to act on behalf of the Company, to execute and deliver instruments, documents and certificates, and to take such other and further actions, from tune to time, as such officer deems necessary,advisable, appropriate or convenient. IN WITNESS WHEREOF,I have affixed my signature as of September 9,2014. j(,, ,i,l,.• 1.,,,, _,,,, Geoffrey ,, . u $n General Cbttiorporate and.$ecr'$tary 4 • 1 6 A 2 PERFORMANCE BOND BOND NO. CMSO281101 KNOW ALL PERSONS BY THESE PRESENTS:that PARROT CAY HOLDCO LLC (Name of Owner) 3232 W. Lake Mary Blvd., Suite 1410 (Address of Owner) Lake Mary, FL 32746 (Address of Owner) (Hereinafter referred to as"Owner")and RLI Insurance Company (Name of Surety) P.O. Box 3967 (Address of Surety) Peoria, IL 61612-3967 (Address of Surety) 800-645-2402 (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 Won FIve Hundred Feteen Thoucand Erghl Hundred Thely Two end Twelve Cents Dollars ($1.515,832.12 ) 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 PARROT CAY■e0111rrrl- 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 16 A p 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 21st day of April / 2015 WITNESSES: PARROT C • O DCO LLC ��f r' (24/ ��' By: RLI_Insurance:Company Stephen Vann By: Lisa Pless,Attorney-in-Fact / OWNER ACKNOWLEDGEMENT STATE OF Fri bR//I��3- COUNTY OF LOGC..Iee/L— THE FOREGOING PERFORMANC BOND WAS AC k •WLEDGED `BEFORE ME THIS DAY OF "Z / 7),4`1 /_•1. 20 ► ; , by . • L-A (NAME OF ACKNOWLEDGER)AS \!• Y- (TITLE) OF )M 2 r "' �y� (D U(h(AME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION.' Notary Public—State of (SEAL) Printed Name / (V4-1-7/, 16A2 2 SURETY ACKNOWLEDGEMENT STATE OF Georgia COUNTY OF Forsyth THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF April / 21 / ,20 15 , by Lisa Pless (NAME OF ACKNOWLEDGER)AS Attorney-in-Fact (TITLE)OF Willis Insurance Services of GA,Inc. (NAME OF COMPANY)WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of Georgia (SEAL) • Printed Name Elaine S.Bielenberg EXP/.p .. �, . SPRY %: Ss -.9 .� ^' c = V o: i \' 1���\ �� ,0,9 ......... 1',/,617/1 CO' " RLI Surety A 2 RLI 9025 N.Lindbergh Dr.I Peoria,IL 61615 POWER OF ATTORN Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint: Lisa Pless,Stephen A.Vann,Elaine Bielenberg,iointly or severally in the City of Atlanta , State of Georgia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds, policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 30th day of September , 2014 ""+ce RL1 Insurance Company Y gee: coa"onrrF t SEALBy.Roy C.Di Vice President ,` State of Illinois l ,••,,,,,,\g,,, ` } SS County of Peoria ))) CERTIFICATE On this 30th day of September , 2014 , before me, a Notary I, the undersigned officer of RLI Insurance Company, a stock Public,personally appeared Roy C. Die ,who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as Let forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have here** set my d and. e se f the LI Insoranc i Company ''yyam�,, third t day of�\1 , O By: >. ///. Q � - Jacque ' e M.Bockler Notary Public RLI Insurance Company "OFFICIAL SEAL' NOTA V SIAM OF JACQUELINE M.BOCKLER By: A111111110.11."uNO�s COMMISSION EXPIRES 01114/18 Roy C.Di Vice President 1024965020212 A005851, 16A2 RLI® RLI Insurance Company RLI Insurance Company P.O.Box 3967 Peoria IL 61612-3967 Phone:309-692-1000 Fax:309-683-1610 December 31, 2012 Admitted Assets Liabilities and Surplus Investments: Liabilities: Fixed maturities $ 357,980,948 Reserve for unpaid losses and loss Equity securities 912,184,028 adjustment expenses $ 423,119,909 Short-term investments 23,235,318 Unearned premiums 183,123,513 Real estate 17,271,017 Accrued expenses 46,246,361 Properties held to produce income 0 Funds held 9,404,285 Cash on hand and on deposit 10,051,146 Advance premiums 4,637,835 Other invested assets 1,115,700 Amounts withheld 46,553,072 Receivables for securites 0 Ceded reinsurance premium payable 16,146,440 Agents'balances 85,516,217 Payable for securities 0 Investment income due and accrued 4,022,247 Statutory penalties 1,244,600 Funds held 4,000 Current federal&foreign income taxes 2,163,746 Reinsurance recoverable on paid losses 10,137,514 Federal income tax payable 0 Federal income taxes receivable 0 Borrowed money and accrued interest 0 Net deferred tax asset 381,309 Drafts outstanding 0 Guarantee funds receivable or on deposit 179,484 Payable to affliliate 3,081,840 Electronic data processing equipment, Other liabilities 4,107,634 net of depreciation 227,680 Receivable from affiliates 0 Total Liabilities $ 739,829,235 Other admitted assets 1,594,808 Surplus: Total Admitted Assets $ 1,423,901,416 Common stock $ 10,000,375 Additional paid-in capital 242,451,084 Unassigned surplus 431,620,722 State of Illinois Total Surplus $ 684,072,181 County of Peoria Total Liabilities and Surplus $ 1,423,901,416 The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws;that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.0 sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2012. Attest: `,\,111111,,,,, \ • SJ�NCE cO AL .416 1 , :00 P�R4TF ' Corporate Michael J.Stoneili President A T Seal . SEAL - { Affixed } R` . ,.,!cCt110‘-`'ssCynthia S. Dohm' Assistant Secretary ,.. 11111'', Sworn to before me this 4th day of March,2013. .OFFICIAL SEAL' Notarial ,LS.C., • -..... F JACCUELINE M.BOCKLER ', Seal "STATE J COMMISSION EXPIRESR91W14 ( Affixed i Jacqu line M.Bockl= Notary Public, State of Illinois M0058313