Backup Documents 05/13/2014 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS N T
THE BOARD OF COUNTY COMMISSIONERS OFFICE F �R
Print on pink paper. Attach to original document. The completed routing slip and original documents are to rwar ed 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#I 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 /a,//y
4. BCC Office Board of County 7146,-t
Commissioners y `4// okl icA\`
5. Minutes and Records Clerk of Court's Office � �yi�I'q
0
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 additions or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was May 13,2014 V Agenda Item Number 16-A6
Approved by the BCC
Type of Document Plat -Brandon 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,
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 ill
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 1 (
during the meeting have been incorporated in the attached document. The Co , .14 ' •
Attorne 's Office has reviewed the Chan es,if applicable. ,�,� °
9. Initials of attorney verifying that the attached document is the version approved b t'• 1
BCC,all changes directed by the BCC have been made,and the document is ready or the frt,fAt,
Chairman's signature. '
l: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
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOIISIfI4E
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be war e my Atto ey Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County AttornerlifM no later
than Monday preceding the Board meeting. • -
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or infomiation 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 Attomey Office.
Route to Addressees) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
A:131101
4. BCC Office Board of County
Commissioners \R4/ / «ltd
5. Minutes and Records Clerk of Court's Office AT- ^j l q +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 John Houldswo h Phone Number x-5757
Contact/ Department
Agenda Date Item was May 13,2014 , Agenda Item Number 16-A6 vi
Approved by the BCC
Type of Document Construction& Maintenance Agreement Number of Original Two
Attached and Performance Bond - Brandon 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,
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 jqf
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 a +
Attorney's Office has reviewed the changes, if applicable. ! Ar
9. Initials of attorney verifying that the attached document is the version approved by the f e
BCC,all changes directed by the BCC have been made,and the document is ready for th lioorrovirer;
Chairman's signature.
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 6A6
MEMORANDUM
Date: September 19, 2014
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Brandon Final Plat , Construction & Maintenance
Agreement and Performance Bond #1102172
Attached for recording is the Brandon Plat and a copy of the Construction and
Maintenance Agreement and Performance Bond referenced above, (Item #16A6)
approved by the Board of County Commissioners on May 13, 2014.
If you need anything further, please feel free to contact me at 252-8406.
Thank you.
Attachment
.,
16A6
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 11th day of August 2014, between D. R. Horton, Inc.
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: Brandon
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: Subdivision Improvements including
potable water, sanitary sewer, storm drainage, paving, grading, landscape and irrigation 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$3,850,979.92 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 his designee for compliance
with the Collier County Land Development Code.
Page 1 of 3
16A6
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 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 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
Page 2 of 3
1 6A6 '
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 De elfoper have caused this Agreement to
be executed by their duly authorized representatives this ** say of*/*******}*** 201**•
SIGNED IN THE PRESENCE OF: G --
D.R. Ho coiN,
-- r •
Print Na e: c -
IC
4117M
Print N.7Title (President, VP, or CEO)
Print Name: c,. ,2_iiE2 Provide Proper Evidence of Authority
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BR99 • , Clerk OF COLLIER COUN Y, FLORIDA
•
BY: t ° V—Aii#' • •
!* • 'Duty Clerk
Attest as al �� TOM HENNING, AIRMAN
signature only.,'
Approved as to form 1nlw 1-6.140;{t,
jc/
Scott A. Stone,
Assistant County Attorney
Approved Form—JAK—February 2006
Page 3 of 3
16A6
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1102172
KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton, Inc.
10541 Ben C. Pratt/Six Mile Pkwy, Suite 100
Ft. Myers. FL 33966
(hereinafter referred to as "Owner")and Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37076
(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 Eiiht Hundred Fifty Thousand Nine Hundred Seventy Nine and
92/100 Dollars($3,850,979.92) 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 Brandon PL20130001578 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 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.
•
r...),..1-4%3i ,n
16A6
IN WITNESS WHEREOF,the parties hereto have caused this PERFORIA • • = 'OND to be executed this 29th day of
July,2014.
(-) _( L 11 _ ,� . D.R. Horton nc.
Wit 41. Signatu e Principal
( ycc, 11\ V, \k(.4s :y:
Witnes Print Name or Type 10,1e c,, Pr , e�.j, A
/•-
,S. a y ne- E -44
4 i'./f ., Lexon Insurance Company
Wit s gpatur Surety
Tiffany Cunniff By: 44;y,.` i% _,.\
Witness Print Name or Type Attorney-in-Fact: Dawn L. Morrn
Florida license no. P011322
STATE OF FIGe/04
COUNTY OF et
The foregoing instrument was acknowledged before me this/today of Aue;),,r ,40i'/, by i,,-1 ti_ rre cZ:F7--
who is personally known to me or has produced _ as identification.
BARBARA KALASH
Notary Public,State of Florida f&, 4;4.- /$Ja ,.
My Comm.Expires March 17,2015 (Signature of Notary Public)
Commission No.EE 75312
/�a c 6.>s-4... //as Li
(Print, Type, or Stamp Commissioned
Name of Notary Public)
STATE OF ILLINOIS
COUNTY OF DUPAGE
The foregoing instrument was acknowledged before me this 29th da -of July,2014, by Daw L. Morgan, ttorney-In-
Fact,who is personally known to me.
••••••••••••••••••••••••••••
• • (Signature of Notary Public
• "OFFICIAL SEAL" • State of Illinois)
• TARIESE M PISCIOTTO •
Notary Public,State of Illinois i T'ariese M. Pisciotto
My Commission Expires 08/28/2018 — - ss --
•••••••••••••••••••••••••••• (Print. Type, or Stamp Commissioned
Name of Notary Public)
POWER OF ATTORNEY Lx- 219 3
b
� A6
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust,
Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto its true and lawful Attomey(s)-In-Fact to make,
execute, seal and deliver for,and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July,2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $ 8,000,000.00, Eight Million dollars, which the Company might execute through its duly
elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon
the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so
appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed
and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and
binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 21st day of September, 2009.
LEXON INSURANCE COMPANY
f SEAL % BY
o s David E.Campbell
'`"'• * President
.
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he
executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
..(fett,"
TA
AMY L.TAYLOR
w • _ Notary Public-State of Tennessee BY
s - Davidson County Am ...T ylor
My Commission Expires 01-09-16 Not r Public
'a""aa',,, CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at Mount Juliet,Tennessee this 29th Day of July , 20 14 .
{: < BY
SEAL
14, ,! 4 s Andrew Smith
e Assistant Secretary
.-
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance of claim
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties."