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Backup Documents 11/10/2015 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 1 2 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 he 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 (9,/,/,(D • 4. BCC Office Board of County • Commissioners M N Zt `1 5. Minutes and Records Clerk of Court's Office Vyvk) lib 2 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 Nov. 10,2015 Agenda Item Number 16-A 12 Approved by the BCC Type of Document Plat -Warm Springs 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?51f2,,e4 O , AFF "5N:16 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 November 10,2015 and all changes I I 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 12 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 (((p 4. BCC Office Board of County t•F'� Commissioners N-' c�S� Z\S1k1,:5 5. Minutes and Records Clerk of Court's Office 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 Nov. 10,2015 Agenda Item Number 16-A 12 Approved by the BCC Type of Document Construction&Maintenance Agreements Number of Original 3 Attached and Letter's of Credit -Warm Springs 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? 9 .. , �� ,d'Fi 5�5 2. Does the document need to be sent to another agency for additional signatur ? If yes, JR 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 November 10,2015 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 BCC,all changes directed by the BCC have been made,and the document is ready for t , y 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 16Al2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ;~4 day of f ' , 20 / t, between Argo Warm Spnnge LLLP hereinafter referred to as "Developer, and the Boar 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: Warm Springs,PL20140000667 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 , 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$3,980,234.26 -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. 16Al2 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 day of f `g`iZJ4,AiJ / , 20 (1c. . SIGNED IN THE PRESENCE OF: (Name of Entity) By:Argo Warm Springs,LLC(General Partner) Printed Name Vim SG-ef.()A.,1\ 1 (President,ed VP,or Scott Bland,Manager,Argo Warm Springs,LLC VP,or CEO) Z44//6 ? (Provide Proper Evidence of Authority) Printed Name NSG � off// ATTEST: DWIGHT E. BROCK, CLERK BOA OF COUNTY OMMISSIONERS OF LIER COUN , FL RIDA By: t-- By: Deputy ClerkC ONNA FIALA, CHAIRMAN Approv as totfort�i��l s a 4 Scott A. tone,`Assistant County Attorney 1 6 k 1 2 Exhibit A 111 TD Bank America's Most Convenient Bank° Global Trade Finance 6000 Atrium Way Mount Laurel,NJ 08054 T 888 751 9000 F 856 533 6545 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 20007218 DATE OF ISSUE: December 23, 2015 ISSUER: TD Bank, N. A. 6000 Atrium Way Mt. Laurel, NJ 08054 PLACE OF EXPIRY: TD Bank, N.A. DATE OF EXPIRY: This Credit shall be valid until December 23, 2016, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Argo Warm Springs, LLLP 21141 Bella Terra Blvd. Estero, Florida 33928 PROJECT NAME: Warm Springs (PPL) PERMIT NUMBER: PL20150001870 (Subdivision—Onsite) BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter"Beneficiary") c/o Engineering Services 2800 North Horseshoe Drive Naples, Florida 34104 AMOUNT: $3,152,843.10 (USD) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "Argo Warm Springs, LLLP has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Warm Springs, PL20150001870 or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under TD Bank, N. A. Letter of Credit No. 20007218, dated December 23, 2015." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Draft(s) may be presented within the State of Florida at the address listed below. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. 16A12 TD Bank America's Most Convenient Bank° Global Trade Finance 6000 Atrium Way tdbank.corn Mount Laurel,NJ 08054 T 888 751 9000 F 856 533 6545 December 23, 2015 Irrevocable Standby Letter of Credit No. 20007218 Page 2 We hereby agree that draft(s) drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon receipt of documents as specified above, which may be presented in person or sent via overnight courier at our office located at 6000 Atrium Way, Mt. Laurel, NJ 08054 on or before the expiration date noted above or any extended date. Documents may also be delivered in person or by overnight courier to our Regional Office located at 2307 West Kennedy Blvd., Third Floor, Tampa, FL 33609. If your draft(s) and the required documents are presented to the Tampa Office, they must be delivered to and signed for by Donald R. Mincey, Florida Director or his successor, at the Tampa Office. A phone call must be made to the said Office at 813-250- 3015 notifying Donald R. Mincey or his successor, that documents will be delivered that same business day. Presentment at the Tampa Office must be made during normal business hours between 8:30 am and 5 pm Monday through Friday. The package will then be sent by the Tampa Office via overnight courier to our Standby Letter of Credit Department in Mount Laurel, New Jersey. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. TD Bank, N.A. 4,7i Diane Ruch Vice President 1 6 A 1 2 ill TD Bank America's Most Convenient Bank' Global Trade Finance 6000 Atrium Way tdbank.com Mount Laurel,NJ 08054 T 888 751 9000 F 856 533 6545 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 20007220 DATE OF ISSUE: December 23, 2015 ISSUER: TD Bank, N. A. 6000 Atrium Way Mt. Laurel, NJ 08054 PLACE OF EXPIRY: TD Bank, N.A. DATE OF EXPIRY: This Credit shall be valid until December 23, 2016, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: Argo Warm Springs, LLLP 21141 Bella Terra Blvd. Estero, Florida 33928 PROJECT NAME: Warm Springs (Woodcrest Drive Offsite) PERMIT NUMBER: PL20150001870 and PRWRO2010616481 BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter"Beneficiary") c/o Engineering Services 2800 North Horseshoe Drive Naples, Florida 34104 AMOUNT: $827,391.16 (USD) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "Argo Warm Springs, LLLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Warm Springs, PL20150001870 or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under TD Bank, N. A. Letter of Credit No. 20007220, dated December 23, 2015." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. Draft(s) may be presented within the State of Florida at the address listed below. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. 16Al2 1 01 TD Bank America's Most Convenient Bank° Global Trade Finance 6000 Atrium Way [dbank con, Mount Laurel,NJ 08054 T 888 751 9000 F 856 533 6545 December 23, 2015 Irrevocable Standby Letter of Credit No. 20007220 Page 2 We hereby agree that draft(s) drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon receipt of documents as specified above, which may be presented in person or sent via overnight courier at our office located at 6000 Atrium Way, Mt. Laurel, NJ 08054 on or before the expiration date noted above or any extended date. Documents may also be delivered in person or by overnight courier to our Regional Office located at 2307 West Kennedy Blvd., Third Floor, Tampa, FL 33609. If your draft(s) and the required documents are presented to the Tampa Office, they must be delivered to and signed for by Donald R. Mincey, Florida Director or his successor at the Tampa Office. A phone call must be made to the said Office at 813-250- 3015 notifying Donald R. Mincey or his successor, that documents will be delivered that same business day. Presentment at the Tampa Office must be made during normal business hours between 8:30 am and 5 pm Monday through Friday. The package will then be sent by the Tampa Office via overnight courier to our Standby Letter of Credit Department in Mount Laurel, New Jersey. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce Publication No. 600. TD Bank, N.A. . m1; , •E/ Diane Ruch Vice President