Backup Documents 11/10/2015 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 4
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
'W10
4. BCC Office Board of County �F
Commissioners \( ç4,1 7-\‘`A
5. Minutes and Records Clerk of Court's Office
ZJ t 1114o 3 g54fr4
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 November 10,2015 , Agenda Item Number 16-A14 `rt
Approved by the BCC
Type of Document Plat - Isles of Collier Preserve Phase 7 Number of Original
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 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 / \ Cdr
BCC,all changes directed by the BCC have been made,and the document is ready for t - �
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 SLIP1 J!
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `-i�
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 routinglines#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
10L .44 co/)(0
4. BCC Office Board of County
Commissioners W5/ z\\\Vi,
5. Minutes and Records Clerk of Court's Office
ahq 363ist
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 November 10,2015 Z Agenda Item Number 16-A 14
Approved by the BCC
Type of Document Construction&Maintenance Agreemant Number of Original Two
Attached and Performance Bond - Isles of Collier Documents Attached
Preserve Phase 7
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 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
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revises A I , 'evised 11/30/12
16A14
MEMORANDUM
Date: February 22, 2016
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Isles of Collier Preserve Phase 7 Plat, Construction &
Maintenance Agreement and Performance Bond #CMS268167;
and Joinder & Consent (Minto Sabal Bay, LLC)
Attached for your records is a copy of the Agreement and Bond referenced above,
and the original Joinder & Consent for further processing (Item #16A14) approved
by the Board of County Commissioners on November 10, 2015.
The original Agreement and Bond and a copy of the Consent & Joinder will be 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
16A14k
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTIO AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into
this" day of be r , 2016 between Minto Saba! Bay, LLC hereinafter referred to
as "Developer," and the Boa d 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: "The Isles of Collier Preserve Phase 7"
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: the required subdivision improvements — see
attached OPC from Barraco and Associates, Inc.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 $371,023.68 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.
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; orb) 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.
16A14 .
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 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 Deloper have caused this Agreement to be executed by
their duly authorized representatives this ac day of ,AN tom R" 2016.
SIGNEDSE� � (Name of Entity /�i/- 0 SABAL BAY, LLC
By:
Printed A,:I e .7f )S C-(-tU J3 Printed Na e/ ' -: William Bullock,Vice President
` P (President/VP,or CEO)
Print_• m� NPQCLip C 'Za (Provide Proper Evidence of Authority)
ATTEST:
DWIGH . BROC CLERK- BOARD 0 OUNTY COMMISSIONERS
`^ ei , ) ( OF COLL ' COUNTY, FLO', DA
a
hest a By ArA,ii / , / item# ..L 1 1
Deputy911lla - ` } DONNA FIALA, CHAIRMAN A �,�
Ap oved a to form and legal �+ Date
Scott A. Stone, Assistant County Attorney
Date
ec 'd a---
ilk , A.,-
..4
16A14
PERFORMANCE BOND
BOND NO. CMS268167
KNOW ALL PERSONS BY THESE PRESENTS:that
Minto Sabal Bay, LLC (Name of Owner)
440 W. Sample Road, Suite 200 (Address of Owner)
Coconut Creek, FL 33703 (Address of Owner)
(Hereinafter referred to as"Owner")and
RLI Insurance Company (Name of Surety)
9025 N. Lindbergh Drive, (Address of Surety)
Peoria, IL 61615 (Address of Surety)
309-692-1000 (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 Three Hundred Seventy-one Thousand twenty-three and 66/100 Dollars
($371 023.68 ) 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 Isles of Collier Preserve Phase 7 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
tic A i z) 11--
16A14
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 28th day of January, 2016.
WITH ;•a' • Minto Sabal B y,LLC
.ii i G U By
Print Name:
William Bullock,Vice President
Print Name:C`A(Jen c C(• Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Co /f% --
T E FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS G' DAY OF
- �z�tj, 20 l G, BY WILLIAM BULLOCK AS VICE PRESIDENT OF MINTO SABAL BAY, LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION.
CHARLENE A.Mal-0
Notary Public-State of rfi/,1('2 .,- s NOTARYPLELIC
-LA _STATE OF FLORIDA
• _ • CommON0636111 (SEAL)
dietc!i4 e (, d1/e-,�� Expires 1G1 2017
Printed Name
WITNESSES: RLI Insurance Company
B y:CJda , 7
Raynlond Mazzocco,Surety Witness
„ . , :; Claudette Alexander Hunt,Attorney in Fact
�cq
lin J.•ode,/Hampton,SurelWitness Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF
JANUARY, 2016 BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF RLI INSURANCE
COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED LICENSE AS IDENTIFICATION.
Notary Public-State of Florida
0044 Notary Public State of Florida (SEAL)
�(/' Camille M Cruz
f�;/J / My Commission FF 042586
Cayes. LriJ No,or Expires 08/05/2017
Printed Name, Camille uz
16A14 4
RLI Surety POWER OF ATTORNEY
9025 N.Lindbergh Dr.I Peoria,IL 61615
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:
Claudette Alexander Hunt.Camille Marie Cruz,Jacqueline Jordan Hampton,jointly or severally
in the City of Miami , State of Florida 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 3rd day of November , 2014 .
Ja;Nc'"oo RLI Insurance Company
`°"3 .- ••.V.''
Q:'coa..... �:..4i —
_�_ 1_i
SEAL : = By: .. `
Roy C.Di Vice President
State of Illinois l ,'••„"<n I N 0%ss,,,``
} SS
County of Peoria )))
CERTIFICATE
On this 3rd day of November 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 set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
hereunto,set my ha�id and the seal of tire RLI Insurance Company
\ this "'1 day of, .:v utAx:krtt�, ZC 0 _
By: . v!• 'OK., ti
Jacque' e M.Bockler Notary Public RLI Insurance Company
rif 1
C ry�'� "OFF1CIAl SEAL" i � -c f JACQUELINE M.BOCKLER 1 By: ��-- '"or Roy C.Di: Vice President
S, COMMISSION EXPIRES 01/16/18
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16 * 14
JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Minto Sabal
Bay, LLC, dated June 25, 2015 and recorded in Official Records Book No. 5169, page 3817,
together with that certain Mortgage Spreader Agreement, filed August 5, 2015, in Book 5181, page
3726, and that certain Financing Statement Form UCC-3, filed August 5, 2015, in Book 5181,
page 3743, all in the Official Records of Collier County Florida, all of which encumber the lands
being platted as Isles of Collier Preserve Phase 7, hereby joins in, consents, and subordinates the
lien of its Mortgage to the dedication of the plat of said lands for record, and further joins in and
consents to the dedication of and does hereby dedicate to public use or private reservation,
whichever the case may be, any portion thereof for roads, streets and right of way, and/or
easements for utilities and drainage and purposes incidental thereto as shown on said plat.
IN WITNESS WHEREOF the said Mortgage holder has duly executed this instrument this
j D,4'\r% day of February, 2016.
WELLS FARGO BANK,NATIONAL ASSOCIATION
rTh
By: Q� -
rly .`Be Matter, Vice President
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this 1 a-V' day of Fa\o,.,,a,,. ,
2016 by Beverly J. Matter, as Vice President of WELLS FARGO BANK, N'1'IONAL
ASSOCIATION, a national banking association, on behalf of the association, who is persona
known to me or has produced as identification.
(STAMP)
Print Name: , Corr► 4. JaAes
.40::::;4%, CORN A.JONES Notary Public, State of Florida
* MY COI/ASSIGN#FF 193885
* 4 EXPIRES:February 25,2019 My Commission Expires: February S, 1:)19
.4?,oc r•s, Bonded Thru Budget Notary Semites
MMI-840002438v I
16A14
JOINDER AND CONSENT
The undersigned, as holder of that certain Mortgage and Security Agreement from Minto
Sabal Bay, LLC, dated December 27, 2012 and recorded in Official Records Book 4870,
Page 345, as affected by that certain Restriction and Partial Release of Mortgage recorded in
Official Records Book 4874, Page 1486; that certain Restriction and Partial Release of
Mortgage recorded in Official Record Book 4941, Page 226; that certain Subordination,
Consent and Joinder recorded in Official Records Book 4948, Page 1689; and that certain
Restriction and Partial Release of Mortgage recorded in Official Records Book 5173, Page
387, all in the Public Records of Collier County; and also as holder of that certain Contingent
Mortgage and Security Agreement dated December 27, 2012 and recorded in Official Records
Book 4870, Page 373 in the Public Records of Collier County; and also as holder of that certain
Financing Statement Form UCC-1 recorded December 28, 2012 in Official Records Book
4870, Page 402 in the Public Records of Collier County, all of which encumber the lands
being platted as Isles of Collier Preserve Phase 7, hereby joins in, consents to, and
subordinates the lien of its Mortgage to the dedication of the plat of said lands for record, and
further joins in and consents to the dedication of and does hereby dedicate to public use or
private reservation, whichever the case may be, any portion thereof for roads,. streets and
right of way, and/or easements for utilities and drainage and purposes incidental thereto as
shown on said plat.
IN WITNESS WHEREOF the said Mortgage holder has duly executed this instrument this
/(o -- day of % ksA.a,e- , 2016.
CDC Land Investments, In . f
By: fiAJ ,Ai t it
Print Name: L. .s Nr-
Title: - - re. r 4 . _
STATE OF FLORIDA
COUNTY OF QQ Ilie.Vc
The fore g instrument was acknowledged befor me this 1 6÷14-day of .�0 4-tx-a-r4_�,
2016 by f a-+r I c\& L L. tkt-te c as V ice. -tr,s j,1e. ,of CDC Land Investments, In\.,
a Florida corporation, who is personally know to me or has produced as
identification.
(STAMP)
DEBOFlNH A BI�WN �
_ It . Ed COMMISSION#EE 843929 �' r D-1lti_
g s EX I M i� 201g ,s Print N-am. .De bor ►►��
� Notary Public, State ofFlorida
My Commission Expires: C ci-. /G,&6 J(,
MM1-840002438x1