Backup Documents 10/09/2018 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b A 7
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 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 Qin
4. BCC Office Board of County �J l��-�-�-
Commissioners .S/ \\x\\R
5. Minutes and Records Clerk of Court's Office
P�� tl Iq a=in,
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 Melissa Nute—Dev opment Review Phone Number X 2361 •
Contact/ Department
Agenda Date Item was 10/09/2018 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? ~ MN ,A�y
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. MN
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 MN
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 MN
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. G�}�
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 10/9/2018 and all changes made
during the meeting have been incorporated in the attached document. The County ,64:94401i1 40,
Attorney's Office has reviewed the changes, if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ,� ,,\ hio
BCC, all changes directed by the BCC have been made, and the document is ready for the"----
ke t
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 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 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.
**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 'p/�/
p�
�} 1J
4. BCC Office Board of County
Commissioners ��/s/ \o\\.\\\9
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 Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 10/9/2018 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. MN
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 MN
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 MN
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 3/26/19 and all changes made during the k e16)
meeting have been incorporated in the attached document. The County Attorney's aa�ifo
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 tl cj sc.;.1 tor,:
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
16A7
MEMORANDUM
Date: October 11, 2019
To: Melissa Nute
Development Review
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Performance Bond — 2253944 and Construction and
Maintenance Agreement related to Abaco Pointe
Attached for your records are copies of the documents referenced above, (Item #16A7)
approved by the Board of County Commissioners on Tuesday, October 9, 2018.
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 23" day of , 20 161 between Toll FL XIII Limited Partnership by Toll Southeast Company LP
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: Abaco Pointe
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: all required 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 $1,804,858.44 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.
16A7
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 2,51qA day of iCt-e" , 20 1 e>1 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
Toll FL XIII Limited Partnership by Toll Southeast Company, LP
Witness
,...,,. Z___....-,......_
By.1.;) Z-7.7e----W- / --
OW
Printed Name:
5) - Kevin R. Brown, Division Senior VP
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Prte----7:::d: _"-Th
- -ama ec A , N.q.e
ATTEST:
CRYSTAL K:KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
•F
t r,n C'� R COU FLO: DA
6.42 ip
itillelt,
By: . $ • •C-. By. C' :� .�.
Deputy Clerk yam'. < WI/ IAM L. MCDANIEL, JR., " • IRMAN
Appro tt.ad tq = ' ...1',--i7.attty: Consented to on this 23°Oay of September 2019 by:
s'•nature only u>� _ " DRP FL 1 LC
• " """' $y:r1
�v‘ .t.e,O.1 PQti*--►ee-i LLCl itS to .v►a'1'Q41--
"or-
„...._' By: '
r er.da Q
SALLY A.ASHKAR Date 44 II O -1-}• UelIN -fibNuevcoz-1 44{'►uea? S1
Assistant County Attorne (Name,Title)
dateq
Fec'd V� 11 L 1
1
eputy Cie”
1 6 A 7
PERFORMANCE BOND
BOND NO: 2253944
KNOW ALL PERSONS BY THESE PRESENTS: that
Toll FL XIII Limited Partnership by Toll Southeast LP Company, Inc.
24201 Walden Center Dr.#204
Bonita Springs, FL 34134
(hereinafter referred to as "Developer") and
North American Specialty Insurance Company
1301 Avenue of the Americas, New York NY 10019
917-368-4021
(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 Eight Hundred and Four Thousand
Eight Hundred and Fifty Eight Dollars and Forty Four Cents ($1,804,858.44) 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. Developer and
Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Developer has submitted for approval
by the Board a certain subdivision plat name Abaco Pointe 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 completion of the work and approval by the County of the
specific improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period").
NOW, THEREFORE, if the Developer 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 Developer 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
Developer'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
Developer 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.
16A7
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 1 ST day of MAY, 2019.
WITNESSES: TOLL FL XIII, LIMITED PARTNERSHIP
BY: TOLL SOUTHEAST LP COMPANY, INC.
Printed Name Ke
ivisionvinBrown Sen dor Vice President
P1 Rad CI I I •
#41141(-6-- '
Printed Name
ACKNOWLEDGEMENT
r
STATE OF .,
COUNTY OF
THE FPREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 2019, BY KEVIN BROWN (NAME OF ACKNOWLEDGER) AS DIVISION SENIOR VP
(TITLE) OF TOLL FL XIII,LIMITED PARTNERSHIP BY TOLL SOUTHEAST LP COMPANY, INC. WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of
(SEAL)
Printed Name — ---
j :t, JOAN BADAU
V VU a rl Q ra 1 *: .1. MY COMMISSION#GO 910254
; :41 EXPIRES:September 4,2023
..„`'', Banded Thru Notary Public U derwdtete
1 6 A 7
WITNESSES: NORTH AMERICA. SPECIALTY INSURANCE COMPANY
By:
Lois E. Eshleman Daniel P. Dunigan
Printed Name Attorney-in-Fact
tz- Printed Name/Title
Theresa Bassett (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGMENT
STATE OF PA
COUNTY OF CHESTER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1 ST DAY OF
MAY, 2019, BY DANIEL P. DUNIAN AS ATTORNEY-IN-FACT OF NORTH AMERICAN SPECIALTY
INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME.
Notary Public- State of PA
(SEAL)
C: `.+:43NWEALTr:OF
NOTARIAL
Printed Name -Arlene Ostroff ARLENE OSTROFF, Njtari rub is
Willistown Township,Chest._r Count/
(Ord. No. 15-44, § 3.N) My Commission Expires Decem:er 3, 202.0
Consented to on this Z, p-dday of September 2019 by:
DRP FL 1, LLC
$y: D +, '44-NJ a-C/3-4 3-4 � - , I ,, , its Anew,
By: /111J/id /_/„y. i[,
U(Ad N "Uruct,2.vcU
(Name, Title) f} Si*