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Backup Documents 03/28/2017 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 10 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 arc 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. **NEW** ROUTING SLIP 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 OfficeG/) 4. BCC Office Board of County Ql'b\ Commissioners VW/6 3! 7,`ttt) 5. Minutes and Records Clerk of Court's Office 1,-)1D 3/30K 2...340/() ' 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was March 28,2017 Agenda Item Number 16A10 Approved by the BCC Type of Document Plat Number of Original Attached c inio �- 9 .1 Lv� S 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? ' ' .5=k5 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 March 28,2017 and all changes '� made during the meeting have been incorporated in the attached document. The t t.,0 i tot County Attorney's Office has reviewed the changes, if applicable. — iIAiL 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'.• 404000.4; 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 16A1D CONSENT TO PLATTING,JOINDER AND SUBORDINATION OF BMO HARRIS BANK,N.A. BMO Harris Bank, N.A., a Delaware banking corporation, the owner and holder of all of the following executed by Von Doom Enterprises, LLC, a Florida limited liability company: a) Construction Mortgage recorded February 16, 2017 in Official Records Book 5363, Page 3159; and b) Assignment of Rents recorded February 16, 2017 in Official Records Book 5363 Page 3170; all of the Public Records of Collier County, Florida (all of the foregoing are collectively referred to herein as the "BMO Harris Mortgage"), which BMO Harris Mortgage encumbers a portion of the property described in this Plat, hereby consents to the execution and recordation of the Plat,joins in the dedications contained on this Plat and subordinates the BMO Harris Mortgage to the dedications contained in this Plat. Signed, Sealed and Delivered BMO Harris Bank, ► . . ioelaware ban, in the Presence of: corporation By: ,4XO — rint s A-C.)C ,`4 L!r ` a ..c►~�- Witness#1 -s7F "i Print Name: SE r F--27%4- Witness#2 ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF C;;lIr�� The foregoing instrument was acknowledged before me this I day of 1--ebr'at:`{,vt.i , 201 , by -A C as v l . . s +1t, of BMO Harris Bank, N.A., a Delaware banking corporation, on behalf of said corporation, V who is personally known to me or has produced a Florida driver's license as identification. C Printed Name: 1-�Y ICICC � �� NOTARY PUBLI , State of Florida at Largdt e Is PATRICIA A.RYAN Commission No. % °1`x°1555 _16 Notary Public.State of Florida Commission Expires: a•v• oa.0, Commleelon#FF 949555 My comm.emires Feb.11,2020 1 16A1O CONSENT TO PLATTING,JOINDER AND SUBORDINATION OF CENTENNIAL BANK Centennial Bank, an Arkansas banking corporation, the owner and holder of all of the following executed by Naples One, LLC, a Florida limited liability company: a) Mortgage and Security Agreement recorded July 1, 2016 in Official Records Book 5290, Page 115; b) Assignment of Rents and Leases recorded July 1, 2016 in Official Records Book 5290, Page 129; c) Uniform Commercial Code Financing Statement recorded July 1, 2016 in Official Records Book 5290, Page 133; d) Mortgage Modification, Consolidation Ratification and Additional Advance Agreement recorded October 27, 2016 in Official Records Book 5327, Page 2560; e) Amended Assignment of Rents and Leases recorded October 27, 2016 in Official Records Book 5327, Page 2565;f)Uniform Commercial Code Financing Statement Amendment recorded October 27, 2016 in Official Records Book 5327, Page 2571; and g) Subordination, Consent and Attornment Agreement from Tenant recorded October 27,2016 in Official Records Book 5327, Page 2590; all of the Public Records of Collier County, Florida(all of the foregoing are collectively referred to herein as the"Centennial Mortgage"), which Centennial Mortgage encumbers a portion of the property described in this Plat, hereby consents to the execution and recordation of the Plat,joins in the dedications contained on this Plat and subordinates the Centennial Mortgage to the dedications contained in this Plat. Signed, Sealed and Delivered CENTENNIAL BANK, an Arkansas banking in the Presence of: corporation By: . Print Name: ,/(r 1 ; �1c James Rosman Witness#1 Title: Market President Print Name: Witness#2 ACKNOWLEDGMENT: STATE OF FLORIDA COUNTY OF ESCAMBIA The foregoing instrument was acknowledged before me this day of 2018, by James Hosman as Market President of Centennial Bank, an Arkansas banking corporation, on behalf of said corporation, who is personally known to me or has produced a Florida driver's license as identification. Printed Name: 4,01 k6e SA11' FOX NOTARY PUBLIC, State of Florida at Large Notary Public,State of Flotilla * ur * My Comm.Expires Sant.74.11.'4 Commission No. o:oe NCommission Expires: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16A10 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE I3OARD 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. **NEW** ROUTING SLIP Complete routing lines 41 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 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 3 /6/) 4. BCC Office Board of County YkS Commissioners s/ S\15 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was March 28,2017 Agenda Item Number 16A10[/ Approved by the BCC Type of Document Bond, Maintenance Agreement Number of Original 2 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? eN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 March 28,2017 and all changes made during the meeting have been incorporated in the attached document. The County / r a 1l Attorney's Office has reviewed the changes, if applicable. _ a Ct 9. Initials of attorney verifying that the attached document is the version approved by the `� t 110.7 BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. iMAti 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 16 A 10 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE�GRE MENT FOR SUBDIVISION IMPROVEMENTS entered into this kt day of , 20 17 between Naples One,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 certain plat of a subdivision to be known as: Thrive at Naples 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:the required 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$218,266.86 -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. 16 A 10 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 Developer have caus d thi Agreement to be executed by their duly authorized representatives this aO ' day of VIAPIN , 20 17 . SIGNED IN THE PRESENCE OF: " / ,; ,409 • By: �A f ted Nam koa 1\�� � Michael S. Faulkner, Manager, Naples One, LLC Printed Name/Title iA. (President, VP, or CEO) ` ,...,_____:\ (Provide Proper Evidence of Authority) Printed Name A „U� ATTEST: � DWIGHT E. BROCK, CLERK BOARD • COQ 'T COM Ile1:1:-/-S ai i i r OF CO IER ' aNTY, FL• ' 0 By: 0,-Ar tri� � � By: 4_ i viiDepu y Clerk . tat as to Chairma'� _- A,,„ sc,//5 , G ;c-,-. -, Appro d as o form and legahity: signature only. l: s1-.7h- 11. s P•- Assistant County Attorney 16 A 10 PERFORMANCE BOND BOND NO. 3393415 KNOW ALL PERSONS BY THESE PRESENTS:that Naples One,LLC (Name of Owner) 23190 Fashion Drive North (Address of Owner) Naples, FL 33928 (Address of Owner) (Hereinafter referred to as"Owner")and SureTec Insurance Company (Name of Surety) 3855 Shallowford Rd., Suite 610 (Address of Surety) Marietta,GA 30062 (Address of Surety) 800 226-4520 (Telephone Number) (hereinafter referred to as "Surety") are held and firmly bound unto ollier County, Florida, (hereinafter Two HundredEighteen Thousand Two referred to as "County") in the total aggregate sum of Hundred Sixty Six and 86/100 Dollars ($ 218,266.86 ) 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 Thrive at Naples 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 16 A 10 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 November / 2017 / WITNESSES: (Owner N9nr and Ti e,if rporation) Naples One,LLC // % /1(� By• c Prin ed Name i"\k. Printed Name/Title , , \ t (Provide Proper Evidence of Authority) Printed Names W. it 41v< �4-AE j' (' ACKNOWLEDGEMENT STATE OF 1' 1011,46.- COUNTY OF Coliler THENett INA ( PERF/ORMAN BOND JD 'WAS by ACKNOWLEDGEDC\BQE/FjORE ME THIS DAY NAME OF ACKNOWLEDGER) AS —T(TITLE)OF ‘ 4040\U) O' ti-C_. (NAME OF COMPANY) WHO IS PERSONALLY OW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of — _ (SEAL) ...51 o0•,,, JESSICA HARRELSON �� �t2�5� 4141 NotaryPublic-8tateof Florida `Commie:ion M FF954332'�.invAa - My Comm.Expires May 18,2020 I Printed Name ''',°� ,,`' Bonded through National Notary Assn. _---- 1 _ 4 SURETY: SureTec Insurance Company BY: 1 t. CiL-1 -.L_t I Jc f.(j. Li Michelle Deligne,Attorney-in-Fact 4 . 11 I‘ Witness: I J, r rik McMichael :r-, 16A10 POA#: 1010007 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint J. Erik McMichael,Jennifer S. Freeman,Suzanne Yeatman,Michelle Deligne its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Hundred Thousand and 00/100 Dollars($500,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2018 and is made under andby authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April, 1999) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March ,A.D. 2017 . #A,ORMUoy,4,441k SURETEC I . ' • E v 'ANY Li / r1By: �I 1w;w 44 ;D John Knox .'., 'resi8 •nt State of Texas ss: 7� " . co%Z€ County of Harris On this 21st day of March ,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. �`"'�"�++ XENIA CHAVEZ •�ll�YP?L • e/tAl _a; �-Notary Public,State of Texas 'A% 'N-� Comm.Expires 09-10-2020 VliZ a,,,,,�a Notary ID 129117659 Lie la avez,Notary Publiell y commission expires September 10,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 28thda of N.ve i',;r 1_j 2017 ,A.D. M.B nt Be /,Assistant Se etary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST.