Backup Documents 09/24/2013 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16A10
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.
* *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
eycPntinn 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 Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
9/24/13
Agenda Item Number
16.A.10
3. County Attorney Office
County Attorney Office
(r, pn
[oil (3
4. BCC Office
Board of County
Commissioners
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5. Minutes and Records
Clerk of Court's Office
Documents Attached
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
,.a a_,,,,,,ee...,ti,...o .,, ood to cant— staff for additional nr missino infnrmntinn
Name of Primary Staff
Reed Jarvi
Phone Number
252 -5849
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
9/24/13
Agenda Item Number
16.A.10
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
Type of Document
Agreement & Performance Bond
Number of Original
2
Attached
Original document has been signed/initialed for legal sufficiency. (All documents to be
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
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
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
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?
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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
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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
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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
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signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
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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 09 /24 /13(enter date) and all changes
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N/A is not
made during the meeting have been incorporated in the attached document. The
an option ft
County Attorney's Office has reviewed the changes, if applicable.
kiis line.
9.
Initials of attorney verifying that the attached document is the version approved by the
/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the
option for
''s
Chairman's signature.
line.
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
16p10
MEMORANDUM
Date: October 11, 2013
To: Reed Jarvi, Planning Manager
Transportation Planning Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Construction and Maintenance Agreement & Performance
for road and utility improvements for the Habitat
Woodcrest RPUD
Attached for your records is a copy of the document referenced above, (Item #16A10)
approved by the Board of County Commissioners on Tuesday, September 24, 2013.
The original will be held in our office until further notification.
If you have any questions, please call me at 252 -8411.
Thank you.
16A10
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER COUNTY
RIGHT -OF -WAY
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR IMPROVEMENTS WITHIN THE COLLIER
COUNTY RIGHT -OF -WAY entered into this �)-'A 4�-, day of013 between Standard Pacific of
Florida GP, Inc., as successor in interest to Bent Creek Preserve LLC, fka Centerline Homes Enterprises
Three LLC, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as the "Board ".
RECITALS:
1) Developer is required to construct Woodcrest Drive from Immokalee Road to a point which
is south of the Habitat Woodcrest RPUD entrance in accordance with the Bent Creek
Preserve Developer Contribution Agreement ( "DCA ") recorded at Official Records Book 4813,
Page 3036 in the Public Records of Collier County.
2) The required improvements shall be constructed in accordance with the plans and specifications
as approved by Collier County Permit # CNST- PL20130000344.
3) Stipulation 5 of Collier County Permit # CNST- PL20130000344 (as shown below) requires the
Developer to post a surety bond for 110% of the cost of the project for the construction of the
improvements, 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 said improvements hereinafter referred to as the
required improvements in accordance with the schedule in the approved DCA.
2. Developer herewith tenders its performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $990,175.12 - which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated cost 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 DCA, the Board may call upon the performance
security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until such 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 CNST- PL20130000344 Permit.
S. 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, 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
16A10
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 approved plans and
specific terms of the permit as reflected by final approval by the Board, the Board shall release
the remaining 10% of the 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 performance security on the basis of work complete. Each request for a
reduction in the dollar amount of the 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 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
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 of acceptance of bids,
the improvements required herein. The Developer, as principal under the 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 !j�ay of Is 9Q4
2013.
Standard Pacific of Florida, GP, Inc.
By:
Printed Name i1 Oh3(7,-k
Printed Name /Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
STATE OF
COUNTY OF
Witness 1
1
Witness 2
Acknowledgement
�I
The forego'n instrument was acknowled ed be ore me this day of �e 2013, by
�� G ��J (Name) as �1 P �G,1c� (Title) of .l Cc:
(Name of Company) who is personally know to me, or has produced
16A10
as identification.
Notary Publi
State of t- 00 Q--
(Seal)
SIVAN SHACHAR
k(4071398-0153 MY COMMISSIOPprF WdM EXPIRES April 10, 2017
FloridallotaryService.com
ATTES,T: , '` r
DWI6� 1T E: BROCk;. CLERK
DeB ULZpr y Clerk
Approved as tatt%�fi��Yman's
sidnatllre only.
Assistant Co At orne
,,j 'S hQC
1IER COUNTY,
16A10
PERFORMANCE BOND
BOND NO. 929575176
KNOW ALL PERSONS BY THESE PRESENTS: that
Standard Pacific of Florida GP, Inc., a Delaware corporation,
as successor in interest to Bent Creek Preserve LLC,
fka Centerline Homes Enterprises Three LLC
(Name of Owner)
825 Coral Ridge Drive
(Address of Owner)
Coral Springs, FL 33071
(Address of Owner)
(Hereinafter referred to as "Owner") and
The Continental Insurance Company
(Name of Surety)
4150 Drinkwater Blvd., Suite 410
(Address of Surety)
Phoenix, AZ 85251
(Address of Surety)
480 - 941 -3292
(Telephone Number)
(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 Nine Hundred Ninety Thousand One Hundred
Seventy Five and 12/100 Dollars ($990,175.12) 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 construction of Woodcrest Drive from Immokalee Road to a point which is south of the Habitat
Woodcrest RPUD entrance in accordance with the Bent Creek Preserve Developer Contribution Agreement
recorded at Official Records Book 4813, Page 3036 in the Public Records of Collier County. And that
certain improvements shall include specific improvements which are required by Collier County Permit #
CNST- PI20130000344. 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 construction maintenance agreement dated between Owner and
County. (hereinafter the "Guaranty Period ")
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the construction maintenance agreement datedbetween Owner and County during
the guaranty period established by the County, and t he 0 wn r §hall satisfy al I c laims a nd d emands
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.
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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` day of��>,n�� 2013.
WITNESSE
(Owner Name and Title if Corporation) _
LZGABy.
W
Printed Nam
rinted Name /Title K 0,9 AA4
FXPiRES April 70, 2017
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF k1l
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2013, by ���14 {� V Lcy, (NAME OF ACKNOWLEDGER) AS
TITLE) OF `j-�y ^SIG "'c1LI t IiC F� (NAME OF COMPANY) WHO IS
PERSONAL=KNOW MEy'R HAS PRODUCED AS IDENTIFICATION.
Notary Public —State of F (O
(SEAL)
S N A rJ S I\ct chc✓'
Printed Name
SIVAN SHACHAR
'-
PAY COMMISSION #FF007026
FXPiRES April 70, 2017
407) 398 -0153
FlcridallotaryService.com
16A10
SURETY
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 9th � _day of August 2013.
WI ESSES:
The Continental Insurance Company
1
By
Ly
B. Aleman
Tracy Aston, Attorney -in -Fact
2)
(Provide Proper Evidence of Authority)
Daravy Ma
ACKNOWLEDGEMENT
(See Attached Notary Acknowledgement)
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2013, by (NAME OF ACKNOWLEDGER) AS
(TITLE) OF (NAME OF COMPANY) WHO IS
PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public — State of
(SEAL)
Printed Name
16A10
State of California
County of Los Angeles
On AUG - 9 2013 before me, Edward C. Spector, Notary Public,
personally appeared Tracy Aston who proved to me
on the basis of satisfactory evidence to be the person(s) whose
name(s) is /ate subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
#Fs /her /#w* authorised capacity(les), and that by #is /her /their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Edward C. Spector
ij EC'MH0G SPECiOR
Commission # 1901 -287 Z
Notary PAIIC . Cal fornia Z
Z Los Angeles County
My Comm F Rp,!as ;ep 24 20'�
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT 16AIn
Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
Tracy Aston, Marina Tapia, Tom Branigan, Edward C Spector, Kristine Mendez, Daravy Mady, Lisa K Crail, Simone
Gerhard, B Aleman, Individually
of Los Angeles, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 29th day of January, 2013.
The Continental Insurance Company
-20 � 7- 1 & 4
Paul . Bru at Vice President
State of South Dakota, County of Minnehaha, ss:
On this 29th day of January, 2013, before me personally came Paul T. Brutlat to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
ISJ. MOHR
NOTARY PUBLIC
SOUTHDAWTA
My Commission Expires June 23, 2015
J. Mohr Notary Public
CERTIFICATE
I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this day of
.��j;Uttpj•.• The Continental Insurance Company
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:
s•
Sam
Form F6850- 4/2012 D. Bult Assistant Secretary