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Backup Documents 12/10/2019 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUA.E6 A Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded In the County Attorney Office at the time the item is placed on the agenda. MI completed routing slips and original documents must be received in the County Attorney()Bice 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, lithe document is already complete with the exception of the Chairman's signature,draw a line through routing lines 11I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office .2/fit t2� 4. BCC Office Board of County by Commissioners 5. Minutes and Records Clerk of Court's Office L�\VLD 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 12/10/2019 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? MN 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 12/10/2019 and all changes made during the meeting have been incorporated in the attached document. The County ittiro4qk , 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 Aill►' r)kafrt=;k ; Chairman's signature. i ir ,,in.. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.2..: , 'evised 11/30/12 /� 16A7 MEMORANDUM Date: February 18, 2020 To: Melissa Nute, Site Plans Reviewer Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Plat, Performance Bond 800047265 and Construction and Maintenance Agreement related to Mooring Park Grande Lake Attached for your records are copies of the documents referenced above, approved by the Board of County Commissioners (Item #16A7) on Tuesday, December 10, 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 'V"" day of +n0 �t1 , 20 /c between LB Naples Grande,LLC hereinafter referred to as "Developer", and Board of-1County 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: Mooring Park Grande Lake 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: All erosion control,earthwork,potable water,fire,wastewater,drainage,paving,code 1. Developer will cause to be constructed: landscape,perimeter walls,and street lighting to support each proposed tract. 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$1,011,020 94 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 ! *"1 day of jatiuvrl� , 20 'C . SIGNED IN THE PRESENCE OF: (Name of Entity)/ LB Naples Grande, LLC Witn __ By: . �- — Printed Name: 0 Stephen G. Wilson,Authorized Representative Wit -ss: Printed Name/Title r' (President, VP, or CEO) (Provide Proper Evidence of Authority) Print Name: Pk �y(n 1 L1/ in r ATTEST: CRYSTAL K. KINZEL CLERK BOARD OF COUNTY COMMISSIONERS �c«,-, .. 7,;t^ OF C LLIER COUNTY, FLORIDA Cl By: Q Z...- By: :./l g•Geoir..a•–• De•_ t c i Burt L. Saunders, Chairman Appro -I• Icr r • .'•-Iity: 6ignatare fiiA . y, I Item# if(c k-71 Slily hkr ; Agenda ,a.,`b�,`Q Date C► _1 Assistant County Attorney Date �r`g_� Rcc'd Deputy Clerk Exhibit A 16 A 7 PERFORMANCE BOND NO. 800047265 KNOW ALL PERSONS BY THESE PRESENTS: that LB NAPLES GRANDE,LLC 2210 VANDERBILT BEACH ROAD,SUITE 1300 NAPLES,FL 34109 (hereinafter referred to as "Owner")and ATLANTIC SPECIALTY INSURANCE COMPANY 605 HIGHWAY 169 NORTH,SUITE 800 PLYMOUTH,MN 55441 (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 Eleven Thousand Twenty and 94/100 Dollars ($1,011,020.94) 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 Moorings Park Grande Lake 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 it is released 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. 1 64 7 t IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 19`h day of December,2019. // Owner Attest: LB N lets Gra :•, L .\ By: / rt v... wt LA. v .• P r`i\aek • .W i 1,son, Ma r\O‘9 of /`,,661.-1 Cq„A• State of Flp.,.1 County of C o l.`t I HEREBY CERTIFY than o this day, before me, an officer duly authorized to take acknowledgements, personally appeared \AA/-\,(_.-- .� o .---.% of LB Naples Grande, LLC, to me known to be described in and who executed the forgoing instrument and acknowledged to and before me th4t they_executed the same. G Witness my hand and official seal in the county and to last aforesaid this / day of!/-�.'( ,f,.,�_ <,,.2019. `\ ,'rFa;71'wiPHY — Notary Public, State of Florida ,� -SiON"--GG 015895 t i =S:.i::ly 27 2020 � "2g7tin ft-,,,,tic_:ry Pubic underanmers 1[2.-1 Z-02-e.)— Commission expires Surety Attest: / Atlantic Specialty Insurance Company Susan Ritter Brook T. Smith , Attorney-in-Fact (--IllP,A9)6,!)- ) 0{ Theresa Picken-ell State of Kentucky County of Jefferson Before me this day personally appeared Brook T. Smith, Attorney-in-Fact for Atlantic Specialty 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 19t1'day of December,2019. J4i1Cz of eft cQ.,-ua; Sandra L. Fusinetti, Notary Public My Commission expires February 13,2020. LDCA:6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 O1'lier at the lime the item is placed on the agenda. All completed routing slips and original documents inns! 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) (l.ist in routing order) Office Initials Date 2. • 3. County Attorney Office County Attorney Office 11, 11, 4. BCC Office Board of County s35 t y Commissioners 5. Minutes and Records Clerk of Court's Office ( te`��I � v 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 Nule— Development Review Phone Number X 2361 Contact/ Department Agenda Date Item was 12/10/2019 Agenda Item Number 16A7 Approved by the BCC Type of Document Plat d Number of Original Attached C s rv-"V" 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 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 12/10/2019 and all changes made during the meeting have been incorporated in the attached document. The County ag lkQ a Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the `�4t .` 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 WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16A7 JOINDER AND CONSENT Synovus Bank, successor by merger to Florida Community Bank, N.A., the holder of that certain First Mortgage and Security Agreement from LB Naples Grande, LLC, a Florida limited liability company, dated June 13, 2016, and recorded in O.R. Book 5283, Page 2019, as modified by First Mortgage Modification Agreement dated September 7, 2018, and recorded in O.R. Book 5552, Page 1454; and Second Mortgage and Security Agreement from LB Naples Grande, LLC, a Florida limited liability company, dated June 13, 2016, and recorded in O.R. Book 5283, Page 2073, as modified by Second Mortgage Modification Agreement dated September 7, 2018, and recorded in O.R. Book 5552, Page 1463, all of the Public Records of Collier County Florida, which encumbers the land being platted as Moorings Park Grande Lake, does hereby join in and consent to the dedications of said plat and subordinates its interests to the dedications of the plat. IN WITHNESS WHEREOF that said Mortgage holder has duly executed this instrument this /7 day of 6ece,.�.ksc(- , 2019. Synovus Bank BY Name: 1116.1EVINMEM Its: MU cc 1 . Date:, 6i'/ - STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I day of \�;_ L, 2019, as of Synovus Bank, X who is personally known to me or _ who has produced as identification. (STAMP) �/ Notary Signature $ 2'ee,. EDUARDO ALFARO Notary Public, State of Florida • ,.,,. = Notary Public-State of Florida My Commission Expires �i, • c Commission#FF 997600 •,,;o ,q• My Comm.Expires Sep 23,2020