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Backup Documents 11/18/2014 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN U E Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded he n tt ey Moog at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cot Atolign y no later than Monday preceding the Board meeting. t 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 7A3/2( 4. BCC Office Board of County A Commissioners vw, \t—\\s 5. Minutes and Records Clerk of Court's Office '--H11rni i - ` t tpol 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. 18,2014 Agenda Item Number 16-A6 j/ Approved by the BCC Type of Document Plat -Breeze of Calusa 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 Xif 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 Nov. 18,2011and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 1,� 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 th- /' 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 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE1 6 A 6 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 routingzlines#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 7/3/L5 4. BCC Office Board of County 1R---kCommissioners \O 5/ -111-1,�`� 5. Minutes and Records Clerk of Court's Office \ II(I ` 1Z:(AM PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/(epared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or issing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was Nov. 18,2014 Agenda Item Number 16-A6 Approved by the BCC Type of Document Construction,Maintenance and Escrow Number of Original One Attached Agreement -Breeze of Calusa 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 11-1 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 Nov. 18,20INand 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 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 1 6 A 6 MEMORANDUM Date: July 17, 2015 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: The "Breeze of Calusa" Final Plat and the Standard form Construction and Maintenance Agreement Attached for your records is a copy of the document referenced above, (Item #16A6) approved by the Board of County Commissioners on Tuesday, November 18, 2014. The original has been held by the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISIO al 6 A 6 IMPROVEMENTS THIS AGREEMENT entered into this Day of 2015 by Calusa Breeze Developers LLC(hereinafter"Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIA(hereinafter"The Board")and LANGEN& LANGEN,P.A., P.O. Box 398570, Miami Beach(hereinafter"Escrow Company"). RECITALS A. Developer has,simultaneously with the delivery of this Agreement applied for the approval by the Board of a certain plat of subdivision to be known as Breeze of Calusa. B. The subdivision will include certain improvements which are required by Collier County ordinances as set forth in a site construction cost estimate("Estimate")prepared by Hagan Engineering,a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement,the"Required Improvements"are limited to those described in the Estimate. C. Section 10.02.05 C and 10.02.04 of the Collier County Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Developer has paid the required amount into an escrow account with Escrow Company pursuant to that letter dated May 1,2015,attached hereto to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is$266,086.41,and this amount represents 110%of the Developer's engineer's estimate of the construction costs for the Required Improvements. Now THEREFORE,in consideration of the foregoing premises and mutual covenants hereinafter set forth,Developer, the Board and the Escrow Company do hereby covenant and agree as follows: 1. Developer will cause the water,sewer,roads,drainage and like facilities,the Required Improvements,to be constructed pursuant to specifications that have been approved by the County Manager or his designee within six months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Company to hold$266,086.41 in escrow,pursuant to the terms of this Agreement. 3. Escrow Company agrees to hold in escrow$266,086.41,to be disbursed only pursuant to this Agreement. 4. The escrowed funds shall be released to the Developer only upon written approval of the County Manager or his designee who shall approve the release of the funds on deposit not more than once a month to the Developer,in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent(10%);and further,that upon completion of the work,the County Manager or his designee shall approve the release of any remainder of escrowed funds except to the extent of$39,178.23 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one(1)year pursuant to Paragraph 10 of the Agreement. • However,in the event that the Developer shall fail to comply with the requirements of this Agreement,then the Escrow Company agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Company,as of the date of the demand,provided that upon payment of such balance to the County,the County will have executed and delivered to the Escrow Company in exchange for such funds 6 statement to be signed by the County Manager or his designee to the effect that: (a) Developer for more than sixty(60)days after written notification of such failure has failed to comply with the requirements of this agreement; (b) The County,or his authorized agent,will complete the work called for under the terms of the above- mentioned contract or will complete such portion of such work as the County,in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements,engineering,legal and contingent cost and expenses,and to offset any damages either direct or consequential,which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work;and (d) The County will promptly repay to the Escrow Company any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Company by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Company for release of only those specified funds to the Developer. Payment by the Escrow Company to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Company shall constitute a release by the County and Developer of the Escrow Company for the specified funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered for preliminary approval 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 Subdivision Regulations. 7. 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 the improvements,therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required 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. 8. Should the funds held in escrow be insufficient to complete the Required Improvements,the Board,after duly considering the public interest,may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in the Agreement shall make the Escrow Company liable foi any funds other than those placed in deposit by the Developer in accordance with the foregoing provisions;provided that the Escrow Company does not release any monies to the Developer or any other person except as stated in this Escrow agreement to include closing the account,or disbursing any funds from the account without first requesting and receiving written approval from the County. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the County Manager or his designee.After the one year maintenance period by the Developer and upon submission of a written request for inspection,the County Manager or his designee shall inspect the Required Improvements and,if found to be still in compliance with the Code as reflected by final approval by the Board,the Escrow Company's responsibility to the Board under this agreement is terminated.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. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Escrow Company. w, .+ter.... IN WITNESS WHEREOF,the Board. Developer and Escrow Company have caused this Agreement to be 16A6 executed by their duly authorized representatives this /3 day of �,/y,2015. For the Developer: SIGNED in THE PRESENCE OF: Name of Entity:Calusa Br eze D elopers LLC 9' bo 1 By: " , lt' Printed Name. - - 1 • • Michael Kolb, Manager Print Name/Title Alf (President,VP,or CEO) (Provide Proper Evidence of Authority) •riked Name: Mai A114 ufc I r4 L 1 it, For the Escrow Company: GN Din HE PRESENCE Langen and Lang , PA By: Pri ed Name: MA LAn/trfi1 (H,LSit,PA/F2 LRnlaE,n) Print Name/Title j regw5yeEde - (President,VP,or CEO) 1111111. ... (Provide Proper Evidence of Authority) P•nt 'ame: 11/1. ' 2✓ I. Awf .J ATTEST: DWIGHT E. BROOR,-C4LERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTYg QBIDA By:0J4 / -• Deputy Clerk By: / �� �-: Approved to ;Q •r, , _. IegatItity TIM NANCE, CHAIRMAN -)q25.- . ir — Assistant County Attorney Scott A. Stone 16A6 HAGANFE NG John Houldsworth March 27, 2015 Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Re: Breeze of Calusa Construction Cost Estimate/Bond Mr. Houldsworth, This letter is submitted to develop a bond for the construction work remaining at the referenced project. Attached to this letter please find an updated cost estimate that is based on the original cost estimate submitted for the approval of the PPL on the project. Two lump sum items(Offsite Water Mains and Mobilization)have been noted in the calculations to verify the previously approved totals. The updated of the cost estimate notes percent complete as of 3/24/15 and a remaining cost to complete quantity for each development section. Please review the updated percent and remainder costs. It is my understanding that the developer needs to bond 100%of the remaining cost to complete plus 10%of the original construction cost estimate total. Remainder is $226,908.18 10% of Original $ 39,178.23 Bond Total is $266,086.41 Please proceed with processing the plat recording based on these calculations and documents. I appreciate your review and consideration regarding this request and look forward to hearing from you soon. Sincerely, r" Chris Hagan 1250 Tamiami Trail North, Suite 203B Naples, Florida 34102 239-228-7742 Chris@HaganEng.com tteoT 1. 1 6 A 6 x N X triz.::.- Cil N N M 0 N Cu E Y Au) 0 0 U as Cl) 7 (C 0 a 0 ri ori '- ri8g CC M N .- 0) 0 0 r N CO. <O h CO. O <0 O N CO (O V' N N N RN co N N M KfA fA 1N K K 4�169 4! M O g g GppO Mh CO N et Vg p CDNO CO N Cl)C0 Cl)) g O N CO C 3 W N O M co N. O CO N CO CO 0 O 0; 0; O ~ N M to a NN NMM NQ i9(A fA�fI Vl f9 W H M M M N aE v 0 > z mmE 4) en C � co a o C 0 C a c 0) ; 0 0 to La CC J alZ.02 80) 5 a go ; V !9 € a A c o y.. 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O ci 0 00 : a oC Q; en so -- ^ n :i'', 0 +it. i •iii +'S H 69 H H H 69 H 69 69 69 .04 r.a H VI y VI •-J cn fn r.1 ii i. il;i'1f C OON f! .o !O0 00 en 1O w a M N v v v -- � N ". 0 N N N N oh U C C cn a d b c 4.4 c7 � � =' a g ci A Ji' `� 00 00 C a `= > N `n- U ail 38 E•-• i� -- oo - "a 00 cn o4 ft h .7 Ts U 0 -- N en Tr 1 '0 N 00 Os o O 61 00 g a L Od ca a 1 6 A 6 LANGEN & LANGEN, P.A. ATTORNEYS AT LAW P.O.Box 398570 MIAMI BEACH,FLORIDA 33239-8570 HILARY LANGEN' LEL: (305)674-0023 CHRISTOPHER LANGEN`* FAX:(305)674-0022 EMAIL:CHRIS @LANGEN.ORG •ADMirIED IN FLORIDA AND BRAZIL ••ADMI l[to IN FLORIDA AND NEW YORK May 1,2015 To Whom It May Concern Re: Calusa Breeze Developers,LLC Dear Sirs: This will confirm that our firm is holding $266,086.41 in escrow as the Subdivision Performance Security for the completion and maintenance of the infrastructure for one year at the following described property belonging to Calusa Breeze Developers,LLC: Parcel One: Lot 125 less the South 734.50 feet North of Tamiami Trail,Naples Groves and Truck Co.'s Little Farms No. 2, according to the plat in Plat Book 1, Page 27, Public Records of Collier County,Florida,a/k/a The North 671.30 feet of Lot 125,Naples Groves and Truck Co.'s Little Farms No.2,according to the plat in Plat Book 1,Page 27,Public Records of Collier County,Florida. Parcel Two: Lots 7 and 8,Block C,Naples Gardens,as per plat recorded in Plat Book 4,Page 13, Public Records of Collier County Florida. Parcel Three: Lots 9 and 10,Block C,Naples Gardens, as per plat recorded in Plat Book 4,Page 13, Public Records of Collier County Florida Should you have any questions,please do not hesitate to contact me. Sincerel yours, Christopher Langen