Backup Documents 04/08/2014 Item #16A 3 V1Sltill'l tiL L V I.U iviL` lr 1)3 IAA, iii' 3Lir
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T Qa '
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN n -,
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 CounttAttomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office l::).({(xi
4. BCC Office Board of County —' b
Commissioners \_-5� '`ZS
5. Minutes and Records Clerk of Court's Office 4)2. G
Pa_ 4.1Z-TalNI
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 addition 1 or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was April 8,2014 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Plat- Number of Original One
Attached Raffia Preserve Phase 2 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 April 8,2014 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
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
Vll1l11111 J-%L 11V1.UIYli'a1"110 l.IIi`i1.11L10I oz. I%VIL) 111 1 lT 0LII
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT O
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI N U ''
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwa ie ount', 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 Yy
y /44/1
4. BCC Office Board of County
Commissioners V `v / 4\15\14\
5. Minutes and Records Clerk of Court's Office %/..._
PG 112)3') 14
PRIMARY CONTACT INFORMATION ,C
Normally the primary contact is the person who cre ted/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additio I or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was April 8,2014 ,4 Agenda Item Number 16-A3
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached Raffia Preserve Phase 2 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 April 8,2014 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
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
16 A3
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTE�E AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this gs TA day of 2014, between WCI Communities, LLC, a Delaware limited
liability company, 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: Raffia Preserve-Phase 2.
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: site improvements including but not limited to, clearing, filling,
excavation, installation of roadway improvements and utilities associated with Raffia Preserve-Phase 2
Within twelve (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 $467,324.00 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 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.
16 A3
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 gTM day of mow, 2014.
SIGNED IN THE P NCE OF: WCI Communities, LLC, a Delaware limited liability
✓SI company
Printed Name A 4-v ek)`)
Paul Erhardt, Senior Vice President
/ 4"74--
J kA (Provide Proper Evidence of Authority)
I
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK BOARD OF C• •NTY • •MMISSIONERS
OF COLLIE'-COU t�, FLORIDA
By: I A A ' ,�p:�I w .i -
Deputy C lint 1 C. .ii+ anfS -
A PP r e ,dS � tt,elegagty: TOM HENNING, CHAIRMAN
y ��fl�?
ot+ A_ +0 __-
Assistant County Attorney
16 A3
Bond Number:SU42710
STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:that
WCI Communities,LLC (NAME OF OWNER)
24301 Walden Center Drive (ADDRESS OF OWNER).
Bonita Springs,FL 34134
(hereinafter referred to as"Owner")and
Aspen American Insurance Company(NAME OF SURETY)
175 Capital Boulevard,Suite 300
Rocky Hill,CT 06067 (ADDRESS/TELEPHONE NUMBER OF SURETY)
(860)258-3500
(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
($, 467,324.00 )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 a certain subdivision plat named Raffia Preserve"" 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 Fred 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 Band,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 Owner and the Surety to the full and faithful performance In accordance
**Performance bond is for Raffia Preserve,Phase
****Four Hundred Sixty Seven Thousand II infrastructure improvements including
Three Hundred Twenty Four Dollars earthwork,paving,water,sewer,storm and
landscape
. 16 A3
STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
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
/ March / 2014
WITNESSES: (Owner Name and Title if Corporation) WCI Commu ' • s,LLC
' / JO- / t ! 4. 'By: / .
Printed Name cNtzrsr/tilE 7nm!!4: Name/7itles f lki �el t 1r pReSi e..A-ff t- Iete kSlin ,(Provide Proper Evidence of Authority)
Printed Name i(`M0 e
ACKNOWLEDGEMENT
STATE OF FL°Ridam.
COUNTY OF lee
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF / : H / /Y7ltRe ,2014 , BY(NAME OF
ACKNOWLEDGER)AS(TITLE)OF(NAME OF COMPANY)WHO IS PERSONALLY
KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary JL- tate o . .�y', RUTH tk.t �, a�x�L[{ 1.?'� �' Notay I Al My comm. expires June 15,2011
uT/�`� J ���' �%a t' Commlti;lon Humber EE 1011
Printed Name _ t
WITNESSES: (Surety N and Title if Corporation)Aspen American Insurance Company
r, itMr .
l
Pr n e Julie Gast Printed Na ea,to Jeffrey M.Wilson,Attorney-in-Fact•
(Provide Proper Evidence of Authority)
Heatherly Marlow
Printed Name ,
ACKNOWLEDGMENT
STATE OF Alabama
COUNTY OF Iefferson
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
/ 21st / DAY OF
/ March I ,20 14 ,BY(NAME OF
ACKNOWLEDGER)AS(TITLE)OF(NAME OF COMPANYr WHO IS PERSONALLY
KNOWN TO ME,OR HAS PRODUCED n/a AS IDENTIFICATION.
**Jeffrey M.Wilson,Attorney-in-Fact of Aspen American Insurance Company
C1rv-ma
Anoa Keith Childress,Notary Public,State at Large
My Commission expires 10/03/2015
• 16 A3
AsPeN
Aspen American Insurance Company
175 Capital Boulevard,Rocky Hill,CT 06067
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS,THAT Aspen American Insurance Company,a corporation duly organized under the laws of the
State of Texas,and having its principal offices in Rocky Hill,Connecticut,(hereinafter the"Company")does hereby make,constitute and appoint:
Ronald B.Giadrosich;Mark W.Edwards II,Jeffrey M.Wilson,Evondia IL Woessner,William Milton Smith,Alias B.Ferris,Robert R.Fred of
McGriff Seibels&Williams,Inc. its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and
acknowledge on behalf of the Company,at any place within the United States,the following instrument(s)by his/her sole signature and act:any and all
bonds,recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident
thereto,and to hind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.All acts
of said Attomey(s)-in-Fact done pursuant to the authority herein given are hereby ratified and confirmed.
This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7,2011,which
Resolutions are now in full force and effect;
VOTED:All Executive Officers of the Company(including the President,any Executive,Senior or Assistant Vice President,any Vice President,any Treasurer,Assistant
Treasurer,or Secretary or Assistant Secretary)nary appoint Attorneys-in-Fact to act for and on behalf of the Company to sign with the Company's name and seal with the
Company's seal,bonds,recognizancas,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said Executive Officers at
any time may remove any such appointee and revoke the power given him or her.
VOTED:The foregoing authority for certain classes of officers of the Company to appoint Attorneys-in-Fact by virtue of a Power of AttoAttorney to sign and seal bonds,
recognizances,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,as well as to revoke any such Power of Attorney,is-hereby
granted specifically to the following individual officers of Aspen Specialty Insurance Management,Inc.:
Michael Toppi,Executive Vice President,Scott Sadowaky,Senior Vice President,Kevin W.Gillen,Senior Vice President,Mathew Raino,Vice President,
and Ryan Field,Assistant Vice President.
This Power of Attorney may be signed and sealed by facsimile(mechanical or printed)under and by authority of the following Resolution voted by
the Boards of Directors of Aspen American Insurance Company,which Resolution is now in full force and effect:
VOTED:That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Power of Attorney for purposes
only of exenuting and attesting bonds and undertakings and other writings obligatory in the nature thereof and any and all consents incident thereto,and any such Power
of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company.Any such power so executed and certified by
such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking so executed.
IN WITNESS WHEREOF,Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 2nd
day of January,2014
Aspen Aanntr an Insurance Company
STATE OF CONNECTICUT - ~'
SS. ROCKY HILL , .
COUNTY OF HARTFORD : sistan ice President
On this 2nd day of January, 2014 before me personally came Ryan Fide/to me knofvn,--iffig by me duly sworn,did depose and say;that he/she*trill Vice
President,of Aspen American Insurance Company,the Company described in and which executed the above instnun,that he/she knows the seal of said ;that
the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the Company by authority of his/her crffres ydgls ittbe above
Re `lutions thereof. p/ - .`
Notary Public i , 4
My commission expires:May 31,2016 '1: A 4 �t,,
CERTIFICATE \ O" ' •. •
I,the undersigned,Ryan Field of Aspen American Insurance Company,a stock corporation of the State of Texas,do hereby certify that the foregoipeluwer of
Attorney remains in full forte and has not been revoked;and furtherrnore,that the Resolutions of the Boards of Directors,as set forth above,are now and refrain,n
full force and effect.
Given under my hand and seal of said Company,in Rocky Hill,Connecticut,this 21 day of March , 2014
ok
e `er •�
By. Name: Ryan Field,Assistant Vice President
*For verification of the authenticity of the Power of Attorney you may call(860)760-7728 or email:Patricia.Taber @aspen-in,surance.com