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Backup Documents 05/10/2016 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNALU6 /"1 14 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#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 ! 1 4. BCC Office Board of County b F 10`S fi Commissioners :AA <j/4t' 5. Minutes and Records Clerk of Court's Office 5112110,31 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 /I Contact/ Department Agenda Date Item was May 10,2016 Agenda Item Number 16-A,1-2' j L/ Approved by the BCC Type of Document Agreement—846 Land Mine Number of Original One Attached Documents Attached PO number or account L_' O r t , ,�1 number if document is � to be recorded �e�G� k'o I% "t\ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Apable) 1. Does the document require the chairman's original signature? s(1p CAS 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 JH 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 10,2016 and all changes made during the meeting have been incorporated in the attached document. The County 1 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. `` a �c3.S Cohn- `r'�.a� 5�.s.�`�-�� Va..s SeNc&WNtck a''Re._.<:ft-t I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.21.05;Revised 11/30/12 vcipat 1 6 A 1 4 MEMORANDUM Date: May 12, 2016 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re a: Excavation Performance Agreement and alternate excavation performance security to replace an existing excavation performance security for the State Road 846 Land Trust Mine Project; Commercial Excavation Permit 59.703-2 Attached for your records is a copy of the document referenced above, (Item #16A14) approved by the Board of County Commissioners on Tuesday May 10, 2016. An original agreement will be held by the Minutes and Records Department in the Official Records of the Board and the second original will be sent to the applicant, as requested. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 A 1 4 EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT (this "Agreement") entered into this lOt day of Nrq , 2016 between 27th/Pico Boulevard Limited Partnership, hereinafter referred to as-"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land Development Code, including but not limited to Section 3.05.10 of the Land Development Code (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. 59.703-2 (the "Excavation Permit"). 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 agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). 2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $500,000.00. 3. In the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. 4. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. 5. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. 6. In the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. 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 Excavation Work. The Developer, as principal under the excavation [08-C0A-00115/1209269/11 WPBDOCS 8910129 5 16A14 performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction by the Board, 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 Developer to fulfill all of the provisions of this Agreement. 7. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. 8. This Agreement is contingent upon Developer closing on the purchase of the property subject to the Excavation Permit (and evidence of said conveyance is provided to the County). In the event this condition is not satisfied, the performance security shall be returned to Developer, and this Agreement shall be null and void. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this 1O day of Maui , 2016. SIGNED IN THE PRESENCE OF: 27th/Pico Boulevard Limited Partnership Sign: By: CSA Eddie Leevan, Director, Millennium Holdings, Inc., its General Partner Printed Name C .IA 1-- A-0 Sign: Printed Name ? 44,- 3 `Y [08-C OA-00115/1209269/1J WPBDOCS 8910129 5 0 1 6 A 1 4 ATTEST: BOARD F COUNTY COMMISSIONERS OF CO IER COUNT, , FLORIDA DWIGHT E. BROCK, CLERK By. Do na Fiala, Chairman BY: 1 Attest ai n's OfifAlfScPaVto form and legality: mow tkill/A° Scot A. Stone Assistant County Attorney Item# kVA%4 Agenda51b - , Date Date 'd s, 44 . - seputyC dip [08-COA-00115!1209269!1] W PBDOCS 8910129 5 Collier County I 6 A 14 Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2016310187 Transaction Number: 2016-Q16825 Date Paid: 03/24/2016 Amount Due: $500,000.00 Payment Details: Payment Method Amount Paid Check Number Cash $500,000.00 Amount Paid: $500,000.00 Change / Overage: $0.00 Contact: 27th/Pico Boulevard II, LP and Mulberry Street Partners, LLC c/o Florida Blue Jay, LLC Palm Beach, FL 33480 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Refundable Bonds PL20100000204 $500,000.00 $500,000.0 670-000000-220113 0 Cashier Name: AlinaHarris Batch Number: 5153 Entered By: ValerieKullick ), �,,b:-f ,- 1 6 A 14 ASSIGNMENT OF CASH BOND For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mulberry Street Partners, LLC, a Kentucky limited liability company, and 27th/Pico Boulevard II Limited Partnership,a California limited partnership(individually and collectively, "Assignor"), assigns and transfers to 27th/Pico Boulevard Limited Partnership, a California limited partnership ("Assignee"), all right, title, and interest in and to that certain cash bond in the amount of$500,000.00 deposited with Collier County, Florida on or about March 24, 2016 in connection with Excavation Permit No. 59.703-2, reference number PL20100000204 (the"Deposit"),and Assignee hereby accepts the foregoing assignment of the Deposit. IN WITNESS WHEREOF,the parties have executed this instrument effective as of April 1,2016. AS SIGNOR: Mulberry Street Partners,LLC,a Kentucky limited lability company Eddie Leevan,'Manag�r'' 27th/Pico Boulevard II Limited Partnership, a California limited partnership By: Millennium Holdings,Inc.,a California corporation(d/b/a in Florida as Millennium Holdings of California, Inc.),its General Partucr L., A.,,,--'-------'- Eddie Lee ,Director ASSIGNEE: 27th/Pico Boulevard Limited Partnership, a California limited partnership By: Millennium Holdings,Inc.,a California corporation(d/b/a in Florida as Millennium Holdings of California, Inc.),its General Partrie% � 1 ` I 7\......„., 1 f i_ Eddie Lee ,Director WPBDOCS 8926544 2 0