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Backup Documents 03/08/2016 Item #16A12 L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI .I 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 l3 ti)-2 4. BCC Office Board of County \ �A Commissioners \n‘.\-X5-Y. z-\'3\t--\ 5. Minutes and Records Clerk of Court's Office Rn pz(o3l vi 3._52 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 H ldsworth / Phone Number x-5757 Contact/ Department Agenda Date Item was March ,2016 j Agenda Item Number 16-Al2 Approved by the BCC Type of Document Plat—Lane Park 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? n/a 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 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 away f your deadlines! 8. The document was approved by the BCC on March',2016 and all changes made during the meeting have been incorporated in the attached document. The County _ =t 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 th• / eft Chairman's signature. ` I 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 SIGN U Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to e( u tyJ�torey lice at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Coun Alt ney fi..yio r 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 t// 7 4. BCC Office Board of County b Commissioners 5. Minutes and Records Clerk of Court's Office O2.10.3/I ri 3:52 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 March f 2016 t Agenda Item Number 16-Al2 Approved by the BCC Type of Document Construction Maintenance Agreement and Number of Original Two Attached Letter of Credit—Lane Park 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? n/a 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 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 awa of your deadlines! 8. The document was approved by the BCC on Marc 2016 and all changes made iev 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 • Chairman's signature. 1: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 1 2 MEMORANDUM Date: February 6, 2017 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re Final plat of Lane Park, (Application PL20130001482) and copies of the Construction Maintenance Agreement and Performance Bond #SB94669 Attached for recording is the original plat referenced above and copies of the Construction and Maintenance Agreement and Performance Bond #SB94669, approved by the Board of County Commissioners March 8, 2016. (Item #16Al2) The original agreement and Bond has been 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. Attachment 2 16Al2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of / / 20 between Radio Rd,LLC hereinafter referred to as "Develop r," 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 certain plat of a subdivision to be known as: LANE PARK PPL 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 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$$61,0't,.15- - 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 thg Developer hav caused this Agreement to be executed by their duly authorized representatives this 13 day of— / , 20 17 SIGNED IN THE PRESENCE OF: (Name of Entity) , \0 ` �C By: ?----, ��C1� Pr, d Name Printed Name/Title 594)(A\ (President, VP, or CEO) (" 166. i (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK;CLERK BOARD 0.0 TY COMMISSION -RS OFC jG COUNTY, FLORIDA By: �ub , Q..�. By: Deputy Clerk N ` .. 1, Attest�S t� , PENNY TAYYR, CHAIRIII Approved'pstr, for d legality: siin.r ure.only. //,�,�� -----, Item# t&Jt CL Scott A. Stone,Assistant County Attorney Agenda Date Date .��1 Recd 1 6 A 1 2 MiFirst Citizens forever first Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. SB94669 ISSUER: First-Citizens Bank& Trust Company (hereinafter"Issuer") International Banking Services-DAC44 100 East Tryon Rd Raleigh,NC 27603 Place of Expiry: At our counters Date of Expiry: This Credit shall be valid until December 15, 2017, and shall automatically extend for successive one year periods on the anniversary of its issue (December 15, 2016) 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 extend the Credit. APPLICANT: Radio Rd LLC (hereinafter"Applicant") 3200 Bailey Lane, #199 Naples, Florida 34105 BENEFICIARY: The Board of County Commissioners, Collier County, Florida(hereinafter`Beneficiary) C/O Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 AMOUNT: $67,075.75 (sixty seven thousand seventy five & 75/100 U.S. dollars) up to aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on Issuer may be faxed to (919)772-1037 for advance notice of drawing; forward original documents by overnight courier to the letterhead address for payment. 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: ("Radio Rd LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Lane Park 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 excepted by the Beneficiary." Page one of two. Page two forms an integral part of Letter of Credit Number SB94669 and must be attached hereto. First-Citizens Bank&Trust Company, International Banking Services-DAC44, 100 East Tryon Road, Raleigh, NC 27603 USA SWIFT: FCBTUS33,Telephone 919.716.2887,Telefacsimile 919.772.1037 16Al2 roFirst Citizens forever first AM Bank Page two of two. Page one forms an integral part of Letter of Credit Number SB94669 and must be attached hereto. DRAFTS DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under First-Citizens Bank & Trust Company Letter of Credit No. SB94669 dated December 15, 2016." The original Letter of Credit and all amendments if any, must be presented for proper endorsement. 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. 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. First-Citizens Bank& T t Company By: Tassie F. Curlin AVP First-Citizens Bank&Trust Company, International Banking Services-DAC44, 100 East Tryon Road, Raleigh, NC 27603 USA SWIFT: FCBTUS33,Telephone 919.716.2887,Telefacsimile 919.772.1037 16Al2 LANE PARK (PPL PERMITTING) SUMMARY OF CONSTRUCTION COSTS Davidson Engineering, Inc. Prepared By: / AER Date Prepared: / 10/7/2016 Description Earthwork = $ 137,341.31 Remaining Earthwork $ 16,825.50 Pavement/Concrete = $ 66,581.02 Remaining Pavement/Concrete i _ $ 27,372.45 Landscaping, Irrigation, and Lighting = $ 17,500.00 Remaining Landscape, Irrigation and Lighting $ 16,700.00 Sanitary Utilities = $ 39 889.00 Remaining Sanitary Utilities i $ 80.00 Drainage Utilities = $ 91,098.00 Remaining Drainage Utilities $ Total of Construction Costs = $ 352,409.33 Total Remaining Construction Costs I $ 60,977.95 10%of Remaining Construction Costs $ 6,097.80 Total Performance Bond I = $ 67,075.75 *This EOPCC is intended to provide estimates for permit fee generation only. LANE PARK (PPL PERMITTING) SUMMARY OF CONSTRUCTION COSTS- EARTHWORK 16Al2 Prepared By: Davidson Engineering, Inc. / AER Earthwork Description Quantity Unit Cost Mobilization 1 LS $2,000.00 = $ X000.00 Mbiliation - 80% Complete $ 400.00 Traffic Maintenance 1 LS $1,500.00 = $ 1,500.00 Traffic Maintenance- 60% Complete $ 600.00 Silt Fence 2,395 LF $0.98 = $ 2,=-47.10 Silt Fence - 90%Complete $ 234.71 Temporary Construction Ent. / Exit 132 SY $8.80 = $ 1,161.60 Temp. Contruction Ent/Exit - 90% Complete $ 145.44 Removal of Existing Pavement 106 SY $1.31 = $ 138.86 Removal of Existing Pavement-100% Complete - Imported Fill 6,892 Cy $12.50 = $ 86,150.00 Imported Fill -100%Complete - Sod 7,775 SY $1.69 = $ 13,139.75 Site Grading 2,882 SY $4.00 = $ 11,528.00 Site Grading- 80%Complete $ 2,305.60 Rough Site Grading 9,688 SY 1 $2.00 0 $ 19,376.00 Rough Site Grading- 100%Complete = - Total of Construction Costs - Earthwork = $ 137,341.31 TOTAL REMAINING- EARTHWORK $ 16,825.50 'This EOPCC is intended to provide estimates for permit fee generation only. LANE PARK (PPL PERMITTING) 16 A 12 SUMMARY OF CONSTRUCTION COSTS- PAVEMENT Prepared By: Davidson Engineering, Inc. / AER Pavement Description Quantity Unit Cost Asphalt- 1 1/2"Type S-I 2,089 SY $4.50 = $ 9,400.50 Asphalt - 1 1/2" Type S-III 2,089 SY $5.66 = $ 11,823.74 8" Limerock Base 2,193 SY $9.00 = $--19,741.05 8" Limerock Base - 80%Complete $ 3,948.21 12" Stabilized Subgrade 2,298 SY $2.27 = $ 5,216.23 12" Stabilized Subgrade 100% Complete $ - Type D Curb - Forming and Concrete 400 LF $7.11 = $ -2,844400 Type D Curb - Forming and Concrete -100%Complete $ - Type F Curb - Forming and Concrete 775 LF $10.66 = $ 8,2�-,50 Type F Curb - Forming and Concrete - 100%Complete $ - 2' Valley Gutter Curb 175 LF $6.27 = $ 1,097.25 2' Valley Gutter Curb - 100% Complete $ 6"Thick Concrete Sidewalk 1,445 SF $4.15 = --5,996.75 6"Thick Concrete Sidewalk- 100% Complete $ Signage &Striping 1 LS $2,200.00 = $ 2,200.00 Total of Construction Costs - Pavement = $ 66,581.02 Remaining Pavement $ 27,372.45 *This EOPCC is intended to provide estimates for permit fee generation only. 16A12 LANE PARK (PPL PERMITTING) SUMMARY OF CONSTRUCTION COSTS- LANDSCAPING/LIGHTING Landscaping Estimate Prepared By: Davidson Engineering, Inc. / JC Site Lighting Estimate Prepared By: 0 / 0 Landscaping Description Quantity Unit Cost Site Lighting 1 LS $4,000.00 = $ 4700040 Site Lighting_ 20% Compiete $ 3,200.00 Landscaping 1 LS $10,000.00 = $ 10,000.00 Irrigation System 1 LS $3,500.00 = $ 3,500.00 Total of Construction Costs- Landscaping & Lighting = $ 17,500.00 Total Remaining Landscape & Lighting $ 16,700.00 *This EOPCC is intended to provide estimates for permit fee generation only. 1 6 A 1 2 LANE PARK (PPL PERMITTING) SUMMARY OF CONSTRUCTION COSTS-SANITARY UTILITIES Prepared By: Davidson Engineering, Inc. / AER Description Gravity Pipe (8" PVC SDR26) - depth: 0'-6' 732 LF $ 22.00 = $ 4-137104.00 Gravity Pipe 0'-6' - 100% Complete Manholes: 0 to 6' Deep 4 EA $ 3,500.00 = $ 14,000.00 Manholes 0'-6' - 100% Complete $ - Miscellaneous Fees: 6" Laterals (PVC SDR26) 80 LF $ 10.00 = $ 800700 6" Laterals (PVC SDR26)- 90%Complete $ 80.00 6" Cleanout Pipe 3 EA $ 425.00 = $ 1,275.00 6" Cleanout Pipe - 100%Complete $ - Open Trench Cut on Local Road 64 LF $ 65.00 = $ 40700 Open Trench Cut on Local Road - 100% Connection to Existing/Restored Manhole 1 LS $ 1,600.00 = $ 44440,0g Connection to Existing/Restored Manhole $ - Removal of Existing Manhole/Pipe 1 LS $ 1,950.00 = $ 1,950.00 Remove al Existing Manhold/Pipe $ - Total of Construction Costs- Sanitary Utilities = $ 39,889.00 TOTAL REMAINING FOR SANITARY UTILITIES $ 80.00 *This EOPCC is intended to provide estimates for permit fee generation only. 1 61 2 LANE PARK (PPL PERMITTING) SUMMARY OF CONSTRUCTION COSTS-DRAINAGE UTILITIES Prepared By: Davidson Engineering, Inc. / AER Description ADS High Performance Polypropylene Quantity Unit Cost 18" Reinforced Concrete Pipe 21 LF $27.00 = $ -56740 18" Reinforced Concrete Pipe - 100%Complete $ - Elliptical-RCP: 14"X23" Reinforced Concrete Pipe 72 LF $25.00 = $ 478884A 14"X23" Reinforced Concrete Pipe- 100%Complete $ ADS High Performance Polypropylene 24" HPP 802 LF $38.00 = $ 30,476.00 24" HPP - 100%Complete $ 30" HPP 104 LF $40.00 = $ 71,160.00 30" HPP- 100%Complete $ _ Mitered End Sections: 24" Concrete MES 1 EA $850.00 = $ $50.00 24" Concrete MES- 100%Complete $ 14"X23" Concrete MES 2 EA $760.00 = $ 1,_-520,Go 14"X23" Concrete MES- 100% Complete $ Drainage Structures: FDOT Type C 3 EA $1,200.00 = $ 37600.00 FDOT Type D 1 EA $1,500.00 = $ 1- ;0 Drainage Structures- 100%Complete $ Junction Boxes: 5' Diameter 2 EA $2,200.00 = $ 71,400.00 Frame and Grate: Type D or F Curb Inlet 10 EA $4,200.00 = $ 42,000.00 Junction Boxes - 100%Complete $ Materials: RIP RAP w/Filter Fabric 5 TON $45.00 = $ 22-5.00 Rip RAP w/Filter Fabric- 100%Complete $ Total of Construction Costs- Drainage Utilities = $ 91,098.00 TOTAL REMAINING-DRAINAGE UTILITIES $ - 'This EOPCC is intended to provide estimates for permit fee generation only. 2 2016 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT FILED 1 6 A 1 DOCUMENT#L15000174402 Feb 18, 2016 Secretary of State Entity Name: RADIO RD, LLC CC4959660215 Current Principal Place of Business: 2950 IMMOKALEE ROAD SUITE 2 NAPLES, FL 34110 Current Mailing Address: 2950 IMMOKALEE ROAD SUITE 2 NAPLES, FL 34110 FEI Number:47-5356350 Certificate of Status Desired: No Name and Address of Current Registered Agent: SALUAN,ANDREW J 2950 IMMOKALEE ROAD SUITE 2 NAPLES,FL 34110 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : Title MGR Name SALUAN,ANDREW J Address 2950 IMMOKALEE ROAD,SUITE 2 City-State-Zip: NAPLES FL 34110 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605,Florida Statutes:and that my name appears above,or on an attachment with all other like empowered. SIGNATURE:ANDREW J SALUAN MGR 02/18/2016 Electronic Signature of Signing Authorized Person(s)Detail Date