Backup Documents 05/13/2014 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL THE BOARD OF COUNTY COMM S DOCUMENTS
OFFICE FOR GNOATI F,6A 4
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.
3. County Attorney Office County Attorney Office / t'/
4. BCC Office Board of County b
Commissioners \1\16(
5. Minutes and Records Clerk of Court's Office
(-6 al WI
PRIMARY CONTACT INFORMATIONi','
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 additio I or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was May 13,2014 Agenda Item Number 16-A4
Approved by the BCC
Type of Document Plat—Artesia Phase 3 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)
I. 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 13,2014 and all changes made
during the meeting have been incorporated in the attached document. The County wm i� $�1axtr
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 k.
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6A f
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO '"�`
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing 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 y
4. BCC Office Board of County T'
Commissioners \f {,/ / c\i,\‘
5. Minutes and Records Clerk of Court's Office
111 criT I 14
PRIMARY CONTACT INFORMATION Z c?) '�y�/�
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event ne of th..
addressees above,may need to contact staff for additi al or missing information.
Name of Primary Staff John Houldswort Phone Number x-5757
Contact/ Department
Agenda Date Item was May 13,2014 Agenda Item Number 16-A4 VI
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Security—Artesia Phase 3 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 13,2014 and all changes made 7-tp :eti
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
16A4
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, September 12, 2014 3:03 PM
To: Houldsworth, John
Subject: Artesia Phase 3 Agmt. & Bond (5-13-14 #16A4)
Attachments: Artesia Phase 3 Const_Maint& Perf Bond.pdf
Hi John,
Here's a signed copy of the Artesia Phase 3 Construction and
Maintenance Agreement And Performance Bond K09002376
approved May 13th as Item #16A4.
Have a nice weekend!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
•
1 -6A4
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 1St~ day of "AY 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: Artesia Naples-Phase 3.
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 Artesia Naples-Phase 3
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 $3,225,189.55, which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost of to complete
the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the improvements. However, in no event shall the County Manager or his
designee refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the County Manager or his designee. After the one year maintenance period
by the Developer has terminated, the Developer shall petition the County Manager or his designee to
inspect the required improvements. The County Manager or his designee shall inspect the
improvements and, if found to be still in compliance with the Land Development Code as reflected by
final approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility for and by
the County.
1 6A4 .4.
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 1.'s day of MAY 2014.
SIGNED IN THE PRE CE OF: WCI Communities, LLC, a Delaware limited liability
NA/ company
By:
Printed Name e -ek— z.r
Paul Erhardt, Senior Vice President
. ► �� , I
r-D , 1n (Provide Proper Evidence of Authority)
Printed Name
L
ATTEST:
i
DWIGHT E,BROCK,(;L'E K BOARD O, CO it Y COMMISSIONERS
OF CO 'ER C• ' TY, FLORIDA
By � ___ I� .,. �°t' _ . sI
Deputy;clerk- ,• , etinlaw ToM C,1rN
.r.Y,�
t-ke,rv�,;n ai11
5• ,� •., i. ail �--��
App loves • 0 3 4 d
Assistant County Attorney
1 6A4
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 09002376
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI COMMUNITIES, LLC
24301 WALDEN CENTER DRIVE
BONITA SPRINGS, FL 34134
(hereinafter referred to as"Owner")and
WESTCHESTER FIRE INSURANCE COMPANY
436 WALNUT STREET
PHILADELPHIA, PA 19106
(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 Three Million Two Hundred Twenty Five Thousand One
Hundred Eighty Nine and 55/100 Dollars ($3,225,189.55) 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 Artesia Naples Phase 3, PL20130002538 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 till" 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 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 K09002376 to be executed this
20»`'day of May, 2014.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND K09002376 to be
executed this 20'h day of May, 2014.
WITNESSES: WCI Communities, LLC
k �F
1 6A4
ACKNOWLEDGEMENT
STATE OF r-
CDUNTYOF �L��_
--------- ^J
THE FOREGO PERFORMANCE BEFORE ETH|Saa DAY
'2O . BY '1"q),,, o^a(44~/��� c5-VHO IS PERSONAL[V KNOWN
TO ME, OR HAS PRODUCED AS IDENTIFICATION.
N Public C;/.(.4,.';‘-/e,,_'
RUTH J MARIANETTI
' ' (SEAL)
���,^r mu/or'pum.c. sm^aRovu
o��ad Name . m'wmm�wn.e���oe
� _ � mmmIumn xomuer,nmmn/
WITNESSES: Westchester Fi Insurance Company
/4- • Stacy Killebrew, AttorneyinFact
7loaephR. Pnplaiski (Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Colorado
COUNTY OF Denver
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2O DAY OF May, 2014, BY
Stacy Killebrew AS Attorney-In-Fact OF Westchester Fire Insurance Company WHO IS PERSONALLY KNOWN TO K4E,
OR HAS PRODUCED Driver's License AS IDENTIFICATION.
Notary Public - State of Colorado
Kathleen K Freund
Notary Public
Sta�ofCb|on8do(SEAL)
_ ^ mymmmaeo=sxpim February o.20,*
Kathleen K. Freund
14'E|S'02850/7
s;. • ,,,, ,,. a =•
i
• Power of WESTCHESTER FIRE INSURANCE COMPANY `=
Attorney
Know all men by these presents:That WESTC IIE.STER FIRE INSURANCE:COMPANY,a corporation or the Commonwealth of Pernisslyania pursuant to the
following,Resolution,adopted by the hoard of Directors of the Kt td Company on December I I,2006,to wit.
"RES° V EC,that the folio tag authenraooru relate to the than-ten for curd on nehalfof the Company,of bonds,unuxtat:ni,sect-shears es.cortriuu and other Armen coot,itrnems of the t:ompmtp
entered min the ordtrtars coast¢or bnautneut ieavh a'Wrhiats Contnuttnent"Y
t I J retch uI the C'hadrman.lhe Aresidenr;aid the V.,1,1 P;eshknls of the fomparq is hvrmbv auti)onxerl io as.ectitx anY Wnnen Corsnutment:fur told on behalf of the£'nmpanY,order trieieat of are Compare or
odrepsise
C't hails doss op,xantrd attonses•in-thee.11 she Corpses',it hereto eutiwn rod so eracote ant Wrnren Commitment for and en behalf or the t`anspwry anew ate seal of the Contour or 017utis 1S u to die event that
orb acs i,11.s eashonaosi by the gram:of;war's nips cud.for in suds persons iitloti appointment as suet;aaomevon,fi ct
Ul Lob or the Chatrnivr..she Presidan and the Vic Preardrres of the Company rs hereby asnhnr.md.for and on burial(ui Me t.ompanp,so appoint in timing lan,s per iw the alts n fact of the Comports'nob
suit poet end as:Monts.ru cucute rat not On behalf of t`re C ontpiv).ender Ice seal of the C cmptmp or onset,isa,sueis Vs noon C omnaIntern/ f.h..C where 55 men b,sp,usnod er 50;.55 s.r,.ten
apisvmhrant ehl:h spwwhcunon may bets r1,011esiat typi t'it class trf}tuner Consntitmentr.Of bF tpeoificah<w of one in nwre pos5i ui,u Yuaet t'o^unitntonlu
(a) Lash of the Chnornwr.the t+iesident end.y:cv Pres/domi of the Company in hsrebs avtiwn<ed for end nn b a elf vi tilt C u spans.10 it tr ate in a nunl any inset officer Id dt,.e or ip,utr the eels sop to
ex y utt for wed on behalf of the C o`stuns,under the C.un r u s seal ar oth rs sr,.such Virtue Cormn:moms of the Company as are titeOltied in such untie dvt Notion h spool-na ton eras be be
denelle tope or fins,of VFritter t[tool ttueols or hs ine‘,111thiliori et One or elute p.vuauho Written Commitinerus
The stpuasura cr an)officer of other sortie execuhrg any Vvnitun C-nanitmeet or appotnntretli or delegation porsuart to this liesotluon,curd she reel assn Csainsem,eras he aniaed Os faisinle on such
Wihtan C oil nitro rn sit Hnuen opf>nmurnont or deleyal
RTIHFFR tit'SO..VED,that the foregoing Rasahtunn Shan not be deenied w be on orders se stalernent oh the towers old aulisortty Or 10Meei s,erl.s yens end other pepsins to act for and on behalf or the
Company.and suds Resotuuon shat)not limit ar sdsenctie affect the esereisc of amv tacit tower or author) othertssse s i idho grantwf or seeped.
• Does hereby nominate,constitute and appoint Joseph R laoplawskt,-Kathleen K Freund,Margarita 1lolgt,tn,Stacy Killebrew,all of the City of DENVER.Colorado,
each individually if there be more than one named,its true and lawful attorney-insfact,to make,execute seal and deliver on its behalf and as its act and deed any and
• all bonds,undertakings,recognteunees,contracts and other writings in the nature thereof in penalties not exceeding Twenty hive million dollars&zero cents
($2S,000,000.00)and•the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if the had been duly
• executed and acknowledged by the regularly elected officers of the Cornpany at its principal office,
IN WITNESS WI IERILOE.the said Stephen M trolley,Vice-President,has hereunto subscribed his caste and affixed the Corporate seal of the said VWEST C'IIES'1'ER
FIRE INSURANCE COMPANY this 5 this of April 2013.
%VESTC IIESTEER FIRE INSURANCE COMPANY
r:
rr d VI
•#r y. � J Sutphen M-Ilrincy•Wet Presufc eI
1111 COMMONWFAI:11I OF PENNSYLVANIA
CO(;N'IY OF Pllt£ADP:LPthtA Ss.
On this 5 day of April,AD 2013 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen N1
Haney,Vice-President of the WEST C.UESTER FIRE iNSURANCE COMPANY to n c personally known to he the individual and officer who executed this
preceding instr unsCnt,anti he acknowledged that he executed tlx:same,and th,al the seal affixed to the preceding instrument is the corporate seal of said Company:that
the said corporate seal and his mow:)ate were duly affixed by the authurtty and direction of the said corporation,and that Resolution adopted by the Hoard of Directors
of said Company,referred to in the preceding instrument,is now in force.
iN TESTIMONY WI IERlE01',I have hereunto set its hand and affixed my official seal at the City of Philadelphia the day and year first above written
r' O
•.*GL,d yS* commoNW wrsC9P'Profo t10004+a
c SOU/0 SEC)
e +u t a x My Emo olot 6li004or 1041 *sceri r"nu,
I,the undersigned Assistant Secretary of the WESTCIII STER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF A I fORNEY,of
which the foregoing ra a substantially lure and correct copy is in full force and etleect
In witness whereof,I base hereunto subscribed raj`name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of � 'l, ttl
1 �.! tr tll'.a e 1:ICtt:).Assi.. c retgip
THIS POWISI(OP ATTORNEY MAY NO1 130 USED TO EXECUTE ANY BOND WI'ItI AN INCEPTION DATE AFTER April 05,2015.
THEE BACK OF Tests 00r Crest 8 /.//:////s Omr. `ties,.,hit •`FEAT/A/Es Orihl WILL PpiOIF."T AC:.'10tNST COPY COfihtib€- L'i i.., . ;•,its✓N