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Backup Documents 03/13/2018 Item #16A4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 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 be forwarded to the('minty 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 11I through#2 as appropriate for additional signatures,dates,and/or information needed. lithe document is already complete with the exception of the Chairman's signature,draw a line through routing lines III 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 Wrn Commissioners 41 .• 5. Minutes and Records Clerk of Court's OfficeZ� i 4 p3r,21 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 13,2018 Agenda Item Number 16-A4 Approved by the BCC Type of Document Plat—Maple Ridge Phase 6A Number of Original One Attached Documents Attached PO number or account Plat 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, 144, 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 March 13,2019 and all changes made .a� during the meeting have been incorporated in the attached document. The County 1,9 Attorney's Office has reviewed the changes, if applicable. inc:. t , 9. Initials of attorney verifying that the attached document is the version approved by the s. . BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature.g Fktt. A!r,�° 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 4 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl 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 he 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 112,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 W/Pr- 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office %I' l / tAV� 111-r LctI `/I ' 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 13,2018 Agenda Item Number 16-A4 Approved by the BCC Type of Document Construction & Maintenance Agreement& Number of Original Two Attached Bond —Maple Ridge Phase 6A 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, --1197 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 jff 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 13,2019 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. 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. 0.7 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 4 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, October 1, 2019 10:17 AM To: JohnHouldsworthVEN; MartinLucia Subject: PLAT - Maple Ridge Phase 6A is ready for pick-up at the counter. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk ,;<( 4. Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County `'x,�A �<`r 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com 1 16A4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 22nd day of / /August , 20 19 between CC AVE MARIA 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: Maple Ridge at Ave Maria Phase 6A 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 36 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$597,454.58 - 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. 16A4 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 caused this Agreement to be executed by their duly authorized representatives this Zami day of / / 2019 . SIGNED IN THE PRESENCE OF: (Name of Entity) CC Ave Mafia, LLC By: "641 > Printed Name IAd�Ieir ZBr Goguen ti /^ Printed Name/Title (President,VP,or CEO) Vice President C. 5b0\ (Provide Proper Evidence of Authority) Printed Name ATTEST: BOARD OF C• �' COM ' - TONERS , I CRYSTAL K. NZEL;;CLER1( OF •L I-- • , FLORID By: 1��, ` �Vt. k �� - , By: _ Deputy Clerk .' I At?OS Ct3211i11a11 S .,WILLIAM L. MCDANIEL R• C AIRMAN Approved as.to form and IegS( 9u1U CIfly � Sally A.Ashkar,Assistant County Attorney 16A4 PERFORMANCE BOND No. 107107246 KNOW ALL PERSONS BY THESE PRESENTS: that CC Ave Maria, LLC 2020 Salzedo Street, Suite 200 Coral Gables, Florida 33134 (hereinafter referred to as"Owner") and Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT 06813 (800) 873-1477 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Five Hundred Ninety Seven Thousand Four Hundred Fifty Four Dollars and Fifty Eight cents ($597,454.58) in lawful money of the United States, 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 a certain subdivision plat named Maple Ridge at Ave Maria Phase 6A 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 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. 16A4 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this_15th_day of August 2019. WITNESSES: CC Ave Mara, LLC By: _41(—, Printed Name SermiNA C . t►R.b1 Brian Goguen, Vice Presid• Print Name/Title ! yaaW. uQLt Printed Name . i j Ly llct 1'U-C 11 Val ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF _August_,2019, BY Brian Goguen Vice President OF CC Ave Maria LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. iwww— ♦ iV1-1 J. Notary Public- State of Florida � _., DIANE L VIGNERI 4 ,. MY COMMISSION#GG 002374 thi A r� EXPIRES:July Public 2020 (SEAL) Bonded TtYu Notary Public r—r Printed Name 0/44EZ. V/ / i WITNESSES: Travelers Casualty a ,,, "urety Comp. of America By: C s.,L Printed Nhme Huntley A. Hornbeck, II Attorney in Fact (Provide Proper Evidence of Authority) 5j Corr- Printed or Printed Name ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th_ DAY OF _August_, 2019_, BY Huntley A. Hornbeck, II AS ATTORNEY IN FACT OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA WHO PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. [15-LDS-01664/1153600/1] 16 * ', 1 Notary Public-State of Florida o•r;':.'y . KRISTIN M.NEIERT f : : MY COMMISSION#GG 079764 "' ' SEAL) ... `" .rEXPIRES May 5,2021 i ! i,' - nkriv(fA ....<41):0:0''Bonded Thru Notary Public Underwriters Printed Name: Kristin M. Neiert [15-LDS-01664/1153600/1] 16A4 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) NO DISCLOSURE FOR THIS ITEM ❑ SEE FILE ❑Meetings ❑Correspondence ®e-mails riCalls Met with Rich Yavonavich, Francesca Passidomo and David Genson 3/8/18 CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE nMeetings I 'Correspondence ❑e-mails P]Calls 16A4 Ex parte Items - Commissioner Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) NO DISCLOSURE FOR THIS ITEM SEE FILE XMeetings XCorrespondence Xe-mails XCalls Meeting with Rich Yovanovich & David Genson (Barron Collier) on Monday, March 12, 2018 and on Monday, October 16, 2017 Meeting with Bill and Pat Barton on Monday, July 24, 2017, Wednesday, November 15, 2017 & Thursday, January 18, 2018 and various phone conversations CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence De-mails ['Calls 16A4 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) X NO DISCLOSURE FOR THIS ITEM SEE FILE I 1Meetings Correspondence ®e-mails I 'Calls CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number P120170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I (Meetings I 'Correspondence Xe-mails I )Calls 16A4 Ex Parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 ADVERTISED PUBLIC HEARINGS 11.E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm a zoning verification letter regarding a proposed Medical Marijuana Treatment Center and direct staff to issue a letter of no objection to the proposed location. (Mike Bosi, Planning and Zoning Division Director) X NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings (Correspondence ❑e-mails ❑Calls CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM n SEE FILE ❑Meetings ❑Correspondence ❑e-mails ❑Calls Ex parte Items - Commissioner Andy Solis 1 6 A 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13, 2018 CONSENT AGENDA 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge Phase 6A PPL, (Application Number PL20170002650) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. ❑ NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence e-mails ❑Calls