Backup Documents 03/12/2013 Item #16A 8ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V
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 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 #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's signature, draw a line through routing lines # I throw #2, complete the checklist, and forward to the Coun Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
avoromiate.
(Initial)
Applicable)
2.
March 12, 2013
Agenda Item Number
16 -A8
3. County Attorney Office
County Attorney Office
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4. BCC Office
Board of County
Commissioners
Number of Original
' r
5. Minutes and Records
Clerk of Court's Office
Documents Attached
(5 /f3
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
avoromiate.
(Initial)
Applicable)
Agenda Date Item was
March 12, 2013
Agenda Item Number
16 -A8
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JH
Type of Document
Construction & Maintenance Agreement
Number of Original
2 — Agreement and
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
Bond
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
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number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
avoromiate.
(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
signed by the Chairman, with the exception of most letters, must be reviewed and signed
JH
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
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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.
f /�
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 12, 2013 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.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. Homes of Naples Associates 11, Ltd.
1600 Sawgrass Corporate Parkway, 4`h Floor
Sunrise, FL 33323
(hereinafter referred to as "Owner ") and
THE CONTINENTAL INSURANCE COMPANY
9850 NW 41" Street, Suite 100
Miami, FL 33178
16A�8
Bond No. 929563695
(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 Four Hundred Ninety Three Thousand Two Hundred Seventy Six and
no /100 Dollars ($493,276.00) 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 a
certain subdivision plat named Riverstone Plat Four 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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15th day of
February, 2013.
Attest:
Kul Corban, Corporate Secretary
State of Florida
County of Broward
16A 8-A
Owner
G.L. Homes of Naples Associates 11, Ltd., by:
G.L. ales II Corporation, it General Partner
C;
(Corpora eal)
By: e?
N. Mar enendez, esident
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared N. Maria Menendez, Vice President of G.L. Homes of Naples II Corporation, to me known to be
described in and who executed the foregoing instrument and acknowledged to and before me that they executed the
same.
Witness my hand and official seal in the county and state last aforesaid this 15th day of February, 2013.
KATHLEEN M COFFMAN
Notary Public • State of Florida Notary Public, State of rids
My Comm. Expires Mar 18, 2013
Commission # DD 855384
Bonded Through National Notary Assn.
y commission expires
Attest:
As Per Attached Power of Attorney
State of Florida
County of Miami -Dade
Surety
The Continental Insurance Comnan
Corporate Seal)
D.A. Belis, Attorney -In -Fact and Florida Resident Agent
Before me this day personally appeared D.A. Belis, Attorney -In -Fact for The Continental Insurance Company,
who, being duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 15th day of February, 2013.
Notary Public, State of Florida
p' %, N. Elif Aslan
V"_C06tYaS*N1EE126431
My commission expires /hu), r 'sg •`gEXPIrtES:AUG.30,2015
16A 8�
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of
the company.
"Article VI- Execution of Documents
Section 3. Appointment of Attorney -in -Fact. The Chairman of the Board of Directors, the President or any Executive or Senior Vice
President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the execution of
policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive or
Senior Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey -in -fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13" day of January, 1989:
RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of
suretyship to which it is attached."
Riverstone Plat Four
2 -15 -13
Category
Item
Units
Amount
Unit Price
16
A
Riverstone Plat Four
2 -15 -13
Category
Item
Units
Amount
Unit Price
Total
Water
8" PVC Water Main w /Fittin s
2,475
LF
$ 14.49
$ 35,862.75
8" C900 Water Main w /Fittin s
50
LF
$ 16.07
$ 803.50
8" Gate Valve
4
EA
$ 1,100.00
$ 4,400.00
Sin le Water Service Short
5
EA
$ 1,000.00
$ 5,000.00
Sin le Water Service Lon
9
EA
$ 1,500.00
$ 13,500.00
Double Water Service Short
25
EA
$ 570.00
$ 14,250.00
Double Water Service Lon
11
EA
$ 620.00
$ 6,820.00
Fire Hydrant w/ 6" Gate Valve
4
EA
$ 2,290.00
$ 9,160.00
Permanent Sampling Station
2
EA
$ 870.00
$ 1,740.00
Automatic Flushing Device
2
EA
$ 4,205.60
$ 8,411.20
Connection to Exist. Main
3
EA
$ 2,430.00
$ 7,290.00
Sub -total
$ 107,237.45
Sewer
8" PVC 0' -6' Cut
724
LF
$ 12.45
$ 9,013.80
8" PVC 6' -8' Cut
988
LF
$ 16.70
$ 16,499.60
8" PVC 8' -10' Cut
303
LF
$ 18.95
$ 5,741.85
Manhole 0' -6' Dee
3
EA
$ 3,910.00
$ 11,730.00
Manhole 6' -8' Dee
4
EA
$ 4,470.00
$ 17,880.00
6" Single Sewer Service Lateral
11
LF
$ 540.00
$ 5,940.00
6" Double Sewer Service Lateral
12
LF
$ 650.00
$ 7,800.00
Connect to Exist. Main
3
EA
$ 1,820.00
$ 5,460.00
Sub -total
$ 80,065.25
Drainage
15" RCP
105
LF
$ 18.98
$ 1,992.90
18" RCP
217
LF
$ 23.79
$ 5,162.43
24" RCP
1,028
LF
$ 30.02
$ 30,860.56
36" RCP
443
LF
$ 54.04
$ 23,939.72
18" Flared -end Section
1
EA
$ 723.00
$ 723.00
24" Flared -end Section
3
EA
$ 819.00
$ 2,457.00
36" Flared -end Section
1
EA
$ 1,284.00
$ 1,284.00
Junction Box 18"
1
EA
$ 1,423.00
$ 1,423.00
Valley Gutter Inlet
12
EA
$ 2,668.00
$ 32,016.00
Sub -total
$ 99,858.61
'6A 6
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this _I2 day of 6AZGN, 2013
between G.L. Homes of Naples of Naples Associates II, Ltd., a Florida limited liability
company, 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 a certain plat of a subdivision to be known as:
Riverstone Plat Four plat.
B. Chapters 4 and 10 of the Collier County Land Development code requires
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: 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 $493,276.00 which
amount represents 10% of the total contract cost to complete construction plus 100% of
the estimate 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 County
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.
16A 8
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 required improvements and, if found to be still
in compliance with the Collier County 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.
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.
16A
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representatives this j Z j N day of
Cf'd , 2013.
SIGNED IN THE PRESENCE OF:
i ji
rinted name /
Printed n e: SL1j 1467
XTTES.T.~)
bMIGH' T'E. BkO9K. CLERK
Depvty' Clerk; 5t .s t0
Approved a�;g urn
sufficiency
Assist County Attorney
G.L. HOMES OF NAPLES ASSOCIATES II,
LTD.
By:
Name: k 14 A M 1- ')
Title: 1)c, ul' UNA ���t'-i 1 r'( -►.i'
BOA O C UNTY COMMISSIONERS
OF CO I , UNTY, FLORIDA
By:
airman's GEOR IAA. HILLER, ESQ.
and legal CHAIRWOMAN
•
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