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Backup Documents 09/09/2014 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP L A 7 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 / 4. BCC Office Board of County L Commissioners \r1 / 1264.4-k 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 September 9,2014 V Agenda Item Number 16-A7 Approved by the BCC Type of Document Plat - Isles of Collier Preserve 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) 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 September 9,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. I a 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 SLID' TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j 6A 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 /q(y 4. BCC Office Board of County t b� Commissioners /62\ 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 September 9,2014 Agenda Item Number 16-A7 Approved by the BCC Type of Document Construction& Maintenance Agreement Number of Original Two Attached and Performance Bond - Isles of Collier Documents Attached Preserve Phase 3 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 September 9,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. lk 9. Initials Initials of attorney verifying that the attached document is the version approved by the i� 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,Revise. 4.05;Revised 11/30/12 16A7 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this hday of 1 k)\iU Ir i ICY' , 2014 between Minto Sabal Bay, LLC 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: "The Isles of Collier Preserve Phase 3" 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$2.2477,385.71 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; 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. 16A 7 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 DT/eloper have caused this Agreement to be executed by 2 their duly authorized representatives this V day of 1\i 0VC) Li1'(' , 20 14. SIcA D IN THE\PRE ENCE OF: (Name of Entity - SABAL BAY, LLC 1 a t, t.{ _ t(j,�} By: Printed a F'a(tf) UCH�i I Printed Name/Title: William Bullock,Vice President ✓" -'.•,`• r,` 1 .'1 , (President/VP,or CEO) Prin name\'�•O .• kJ e u w -I c- - (Provide Proper Evidence of Authority) ATTEST: r' - i DWIGHT E:BROck,CLERK •j : BOARD OF CO NTY CO I ISSIONERS . { ' ��to Chairman lb OF COLLIER /4 NT>, a RIDA By: � ��.. �-'.�14 •`i.1.:�• only, _�: .0,. Deput Clerk 1 w C Appro d asto srm an.� TOM HENNING.(Chairman l�l Scott A. Stone. Assistant County Attorney 16A ? COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. 80109475 KNOW ALL PERSONS BY THESE PRESENTS: that MINT()COMMUNITIES, LLC 44(x)WEST SAMPLE ROAD,#2(X) COCONUT CREEK, FL 33073 (hereinafter referred to as "Owner")and THE GUARANTEE COMPANY OF NORTH AMERICA USA ONE TOWNE SQUARE, SUITE 1470,SOUTHFIELD. MI 48076 (hereinafter referred to as"Surety")are held and firmly hound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two Million Four Hundred Seventy Seven Thousand Three Hundred Eighty Five and 7 I/100Dollars($2,477,385.71) in lawful money of the United States, for the payment of which sum well and truly to he made, we hind 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 Isles of Collier Preserve Phase 3 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 he 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 he deemed amended automatically and immediately, without formal and separate amendments hereto, so as to hind 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 to he executed this 25th day of No ember . 2014 16A 7 BOND NO. 80109475 WITNESSES: 1,1TO OM1V ITIES, C/, ,, mig......../ I l � n Signature Signa re OXidb NQiwtA f NRrr2E, l� t ((vNY1 VV162.Res lth` Print Print Name/Title(Provide Proper Evidence of Authority) pit STATE OF L.0 1 COUNTY OF THE FOREGOING PERFORMANCE BOND W S ACKNOWLEDGED before me this ! S' day of�d,1i 2014 by L: i I ■ft.en, Cie Stt.I to as;cL?ct c; dt^ft' of MINTO COMMUNITIES,LLC, who is (Name of Acknow edger) (Title) personally know to me,or has produced as identil•ation. Notary Public—State of (_�-0 (' ev-1 t,e,_ ck �,IACC Si nature of Notary My Commission Expires:' 13.2 G/(0 r. o.F,ti.�.. .moo •._.. so /'o,,,s_ IA., °LO ._5:a�;.N.:-c(SEA �URALAFAUCI I; 1 . A3 -3 �;MY OMMISSION#EE.157114 Print name of Notary .,4a? EXPIRES:February 13,2016 o, Bonded rhru Nola Public Underwriters WITNESSES: THE GUARANTEE COMPANY OF NORTH AMERICA(U A l,�� _ Gatti _. - - Pty/ a � ' Signature,, Signature /141,V4( ,,,,, G-4,1k... Wesley P. Williams,Attorney-in-Fact Print Print Name/Title(Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF GEOGIA COUNTY OF FULTON ���� Y, THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED before me this, f lay ofi)'Atfrrtbt' 2014 By Wesley P. Williams as Attorney-in-Fact of THE GUARANTEE COMPANY OF NORTH AMERICA(USA). who is (Name of Acknowtedger) (Title) personally know to me, or has produced (Personally Known) as identification. Notary Public —State of Georgia L_ C-d'�,"� 7 � -- - Signal of Notary �/ My Commission Expires: (, r)Q (• . (�l Maria Signorile _(SEAL) Print name of Notary LD A:6 16A 7 is THE The Guarantee Company of North America USA GUARANTEE' Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan,does hereby constitute and appoint Maria Signorile,Wesley P.Williams Aon Risk Services South, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be ailowed, required or permitted by law,statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. " The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. TEEN IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and r5' TS its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. 37 THE GUARANTEE COMPANY OF NORTH AMERICA USA AME� r /n STATE OF MICHIGAN Stephen C. Ruschak,Sr.Vice President,COO Randall Musselman,Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee ►; „�� Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland a • !� • _ 'r•,..Lu.�o .y My Commission Expires February 27, 2018 � L�-/et-C./ «Si Acting in Oakland County I. Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. _a/�TEE IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this)' day% t,!v P ryib (l , ),1t�cos 1/1' 19 I Randall Musselman,Secretary 16A7 . 0 0 U 4_, .�+ C7 0 O 0 0 O N O O 0 O 0. 0 0 8 Z w Z t9 69 61 6f r .. GD N O N N O O ci o z - 8 U C3 Q V! ( N N ti a 24 C J 1:" ..Z 4 CI Ca O O 0 0 0 O o O O O O 0 O O O d(1.3 O O O O O ,o O O O b di V! .. 69 69 69 69 O H f9 69 S. {r ,A d d9 : i >1 I:4 C1 (n O o vi .. N w 69 z c 0 c o O 8 8 $ 8 8 ° N 8 8 8 ° 80 8 ,9 ,9 vi vi v ^" ^ - N .. 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