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Backup Documents 01/22/2019 Item #16A5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATIIRI6 A 5 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 Hoard 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 Office (� I �ZI t 4. BCC Office Board of County = �� I Commissioners \f'1\‘ t/ A\ \\\moi 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 1/22/19 V Agenda Item Number 16A5 Approved by the BCC Type of Document Plat Number of Original 1 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? +44 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 1/22/19 and all changes made during the meeting have been incorporated in the attached document. The County t.) f Attorney's Office has reviewed the changes,if applicable. I I �. 9. Initials of attorney verifying that the attached document is the version approved by the ,r tAvo.>> _(,< BCC, all changes directed by the BCC have been made,and the document is ready for the 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 1 6 A 5 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 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 Office C�� 01111(1 4. BCC Office Board of County �;;1�,j\��_, Commissioners v-\ . - -\. A��-1:\\c 5. Minutes and Records Clerk of Court's Office &I H-Ii, k a-.sept 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 1/22/19 1, Agenda Item Number 16A5 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 Attached ,-µ\r‹—D—r-, - 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? ..t:. . 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. ,c6f\._ 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 1/22/19 and all changes mademe or tk_ ,',, .p. the meeting have been incorporated in the attached document. The County , ,i .)t 5 Attorney's Office has reviewed the changes, if applicable. ', ' t° 9. Initials of attorney verifying that the attached document is the version approved by the (�� -, ,- t BCC,all changes directed by the BCC have been made,and the document is ready for the s 1-) Chairman's signature. iii _ 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 16A5 MEMORANDUM Date: April 17, 2019 To: Jodi Hughes, Project Manager Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Performance Bond — CSM0286399 and Construction and Maintenance Agreement related to Crane Point & Bimini Isle Attached for your records are copies of the documents referenced above, (Item #16A5) approved by the Board of County Commissioners on Tuesday, January 22, 2019. The original documents will be 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 6 A 5 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 511 day of February , 20 19 between SFI Naples Reserve,LLC hereinafter referred to as "Developer", and 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: CRANE POINT&BIMINI ISLE 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: required subdivision improvements per attached opinion of probable cost 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$1,965,417.47 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 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. 5. The County Manager or 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 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 designee to inspect the required improvements. The County Manager or 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. 16A5 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 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 designee. The County Manager or 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 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 27 day of February , 20 19 SIGNED IN THE PRESENCE • : (Name of Entity) SFI ail: Reserve, LLC Witness: , , / Printed Name: Donald E. Mears L i Ail tilt n Vice President - Land & Development Witness: iiiiii•orPrinted Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed Name: U0/111 6/c ACl /1 ATT EST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS •F C• +rR COU FLORIDA Cej , ,,. = 0111° ....----2 B L1.1.-L L_. -P .C---- y - B . , By: `put 4.s to Ch A anis ; - \r4;1 . .err, t...,1:...1 c' ,4 : eo...� Approved asgItA,,f 8fl�Iegality: �'+ Item# 15 ItS Scott A. Stone Date da�-L-L__CI_ Date t Assistant County Attorney Date 4,-r) —19 Recd CUL D` Y Cie . d t. " 16A5 PERFORMANCE BOND BOND NO. CMS0286399 KNOW ALL PERSONS BY THESE PRESENTS: that SFI Naples Reserve, LLC 3232 W. Lake Mary Blvd., Suite 1410 Lake Mary, FL 32746 (hereinafter referred to as "Owner") and RLI Surety 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone #: (309) 692-1000 (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 one million, nine hundred sixty five thousand, four hundred seventeen, and 47/100 Dollars ($1,965,417.47) 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 CRANE POINT & BIMINI ISLE 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. 16A5 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 a7 >1h day of February 2019. WITNESSES: FI pies Reserve, LLC Witness 1: ad, By: Printed Name:MPey, 0214.mcoco Donald k/Vlearskice President - Land & Development Witness 2: (Provide Proper Evidence of Authority) Printed Name: 0-0,44 131,1.0w-iv/ ACKNOWLEDGEMENT STATE OF ,0`6 COUNTY OF CAMJ THE FOREGOING P RFCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1/1�`JAY OF Kb ORMAN , 2019, BY Donald E. Mears Jr. AS Vice President - Land & Development OF SFI Naples Reserve, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ,� ^' AS IDENTIFICATION. Notary Public - State of CA0`nt�tlV, (SEAL) :rs; rp'% HEATHER ANN THOMPSON ��r�v� ?'� *t�!Ptak-State of Florida �,, �� .- 69907 s.Printed Name �-F e, •'�My Comm.Expires Dec 20.2021 ',,,,,,, Bonded through National Notary Assn. 1 6A 54 SURETY ACKNOWLEDGEMENT WITNESSES: RLI Insurance Company Witness I: By: Printed Name: Marvin Blair Joshua Sanford, Attorney-In-Fact Witness 2: (Provide Proper Evidence of Authority) Printed Name: Bryan Caneschi NOTARY ACKNOWLEDGMENT STATE OF CONNECTICUT COUNTY OF HARTFORD THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th DAY OF FEBRUARY , 2019, BY JOSHUA SANFORD AS ATTORNEY-IN-FACT OF RLI INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. Notary Public - State of CT (SEAL) Printed Name Aimee Perondine 4s`ftc PERONDiNE - ( T f73!d POWER OF ATTORNEY 1 6 A 5 RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: Donna M Planeta,Joshua Sanford,Aimee R Perondine,Aiza Lopez,Brian Peters,Danielle D Johnson,Stephani A Trudeau,Michelle Anne McMahon,iointly or severally in the City of Hartford , State of Connecticut its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of !, the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of February , 2018 . RLI Insurance Company ,0..,,,LAND!, ,, s�p4pd4CECo,, Contractors Bonding and Insurance Company X 00..00PP ORy••.•2 '6/ , • • 0. 1.y'. SEAL.,a I SEAL . i By. T2 Barton W.Davis Vice President Ov" • • State of Illinois ) �t,`'"ot5 /C L i N O\s`•ss, } SS County of Peoria ) CERTIFICATE On this 6th day of February 2018 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis , who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of i, ,.. By: t/ {i g41 B�/••• 6/04*. �0o RLI Insurance Company Gretchen L.Johnigk I Notary Public Contractors Bonding and Insurance Company i...;"7-1--...- GRETCHCI LJEAL' ti' ' 444144413 rnavIF "OFFICIAL SEAL" PUBLIC By: STATE OF MyCommission Expires u�wois a' . Jean Mi tephenson Corporate Secretary ��� May 26,2020 vvvvv,t tttmymnVIVVV 06SVCCTR020212 A0058817