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Backup Documents 03/12/2019 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP /► TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 7 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#I throh#2,complete the checklist,and forward to the County Attorney Office. Route to Addressce(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (L l/S�I7 4. BCC Office Board of County V)\,.-lk\o .,\ Commissioners k 5 t�,s-/ 6�(a\\` 5. Minutes and Records Clerk of Court's Office fo- Ce I-) )0 to )ioarn 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 3/12/19tom-' Agenda Item Number 16A7 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? 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. r„ 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 3/12/19 and all changes made during the meeting have been incorporated in the attached document. The County A A Attorney's Office has reviewed the changes, if applicable. e atet! 9. Initials of attorney verifying that the attached document is the version approved byrifyAk BCC,all changes directed by the BCC have been made, and the document is ready f',r the Withal.ilk "1'i.0. 6). 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A7 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 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 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 4. BCC Office Board of County �\ Commissioners V‘V ; db`‘`‘ , ()tn 5. Minutes and Records Clerk of Court's OfficeKS. �tJ� I� `�?� PRIMARY CONTACT INFORMATION l 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 3/12/19 Agenda Item Number 16A7 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? 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 3/12/19 and all changes made during e the meeting have been incorporated in the attached document. The County tTiVar.tilitA Attorney's Office has reviewed the chanes,if a. .licable. l® ' 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 th 040.00., Chairman's signature. ®f.44111:17'7, 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 1 6 A7 MEMORANDUM Date: June 7, 2019 To: Jodi Hughes, Project Manager Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Performance Bond — K09644350 and Construction and Maintenance Agreement related to Ranch at Orange Blossom Phase 3A Attached for your records are copies of the documents referenced above, (Item #16A7) approved by the Board of County Commissioners on Tuesday, March 12, 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 16A7 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into� this day of it L- ,2019 between RP Orange Blossom Owner, 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 a certain plat of a subdivision to be known as:"The Ranch at Orange Blossom Ph 3A" 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: the . uired subdivision improvements — see attached OPC from Barraco and Associates. Inc.within 24 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 $3,118,433.90 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. 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. 16A7 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 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. IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this (.9- day of pit ii- . 2019. SIGNED jN THE PRESENCE OF: (Name of Entity) RP ge Blossom Owner, LLC ,�,j 't ,J.-/-11!-J-4-' i- By: Printed nen* ,afKBeavans Printed Name/Title: Ron Hovl,Vice President .0.• �r f� ; 4: (President/VP, or CEO) rind na `' Maritza Guerrero (Provide Proper Evidence of Authority) ATTEST: • Crystai.K. Kirge(i„cwe if Com &Comptroller BOARD RF Cr. 0COMM +NERS • C• + FLORIDA -gthfOlititi--.) 1:1C---- By: . ' lir_ ... „A Deputy CI A • t iCh.rman, William L. McDaniel,'. II ¢ Approved�-y ;F. r. . r -gal sufficiency: It�r�t# 6 , l-1 Asgista �•1� hgenda..:� ntv tornev „ } —1 Z—` y Sally Ashkar ""e CCAP\ ! Cate ::'� reed �-�� k. L..�. _., — 16A7 PERFORMANCE BOND BOND NO. K09644350 KNOW ALL PERSONS BY THESE PRESENTS:that RP Orange Blossom Owner, LLC (Name of Owner) 3066 Tamiami Trail North, Suite 201 (Address of Owner) Naples, FL 34103 (Address of Owner) (Hereinafter referred to as"Owner")and Westchester Fire Insurance Company (Name of Surety) 11575 Great Oaks Way, Suite 200 (Address of Surety) Alpharetta, GA 30022 (Address of Surety) 678-795-4385 (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 Three Mill'ron,pure Hundred Eighteen Thousand Four Haodred Thirty Tree and 90,100 Dollars ($3,118,433.90 ) 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 Ranch at Orange Blossom Phase 3A 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 16A71 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 �2 9 day of I! / , IL- / L / `l / WITNESSES: (Owner Name and Ti le if Corporation)�p C rahlair)550m t JJ By: � � ,,,��; af",;1 s%:;N Ron J. Hoyl r Printed Na k Printed Name/Title Y Vice President ti -.i (Provide Proper Evidence of Authority) J /� , fL�5G✓taal, kyicun--- Printed Name ACKNOWLEDGEMENT STATE OF 1-6 /4-5 COUNTY OF —DA—L-015 THE FOREGOING PERFORMANCE BOND WAS ACKNO LEDGED BEFORE ME THIS DAY OF / / �"( , 20 1 / , byt to - "-0` p lM(NAME OF ACKNOWLEDGER) AS Ii l k 1 e5 tot' J (TITLE) OF fR V r 3(.0 56-)y, � Y�L,(4,s AE OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCE AS IDENTIFICATION. Notary Public—State of _� (SEAL) M K BEAVANS ►� NOTARY PUBLIC STATE OF TEXAS d;•,, MY COMM.EXP.03127'2023 NOTARY ID 1008085.9. .. Printed Name 1 6 A7 CHUBB' Power of Attorney Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Susan S. Gardner,Ann Hamby, C. Scott Hull, Debbie Mantooth,Josh McDaniel and Ben Thompson of Birmingham,Alabama each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 1•day of November,2018. 7 Dawn NI.Chlorcas,Assistant Secretary Stephen M.Haney.Vice President tU{esr�' AiVav STATE OF NEW JERSEY County of Hunterdon SS. On this 1"day of November,2018,before me,a Notary Public of New Jersey,personalty came Dawn M.Chloros,to me known to be Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M.Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal n? �`-\ KATHERINE J.ADELMR .rAq oc 1 NOTARY PUBLIC OF NEW JERSEY // No.2316985 f :1 / PUMA Commission Expires July 16,2019 / \,\ 105/ Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;ACE AMERICAN INSURANCE COMPANY on March 20, 2009: `RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular\Vritten Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this April 4, 2019 6\10.103( Hawn\t.Chlorc>F,As.ist;lntSecretor? IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com WFIC-AAIC(rev.08-18) 1 6 A7 WITNESSES: Westchester Fire Insurance Company i ( 11:/ , '1'\) � 'I a 1� Ann Hamby By:n> a rt � Debbie Mantooth Attorney-In-Fact Gloria Gossom ACKNOWLEDGMENT STATE OF Alabama COUNTY OF Jefferson THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4th DAY OF April, 2019, BY Debbie Mantooth AS Attorney-In-Fact OF Westchester Fire Insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of Alabama (SEAL) �c. '7'i /t-. Peggy D. Funderburk