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Backup Documents 09/14/2021 Item #16A31 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6A3 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach In original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office al 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 e to 1 LS 4. BCC Office Board of County 'T €j I �� Commissioners /.i( 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 Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 9/14/2021 Agenda Item Number 16.A.31 Approved by the BCC Type of Document Plat Number of Original 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) Does the document require the chairman's original signature? LM 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. LM 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 LM 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 LM 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 9/14/2021 and all changes made during the meeting have been incorporated in the attached document. The County P ,.n for 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 N 0 r 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 1 6 A 31 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. I lie completed routing slip and original documents are to be forwarded to the County :Morn.)Office al the time the item is placed on the agenda. ,III 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#I 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 DIDe i JIS1zr 4. BCC Office Board of County 'T '02 Commissioners �( ( 1 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 Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 9/14/2021 Agenda Item Number 16.A.31 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? LM 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. LM 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 LM 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 LM 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 9/14/2021 and all changes made during �" t.t> the meeting have been incorporated in the attached document. The County II �c 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 \)b e rya Chairman's signature. 1 �hr 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 16 A31 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 7th day of September , 2021 between Lennar Homes, 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: National Golf and Country Club at Ave Maria, Phase 3 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: Roadways, storm drainage and utility infrastructure. 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 $ $6,089,306.44 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. 16A31 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. g. 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 Developter. 1 IN WITNESS WHEREOF, the Board and the Developer have ca)Jseq,1 this Agreement to be executed by their duly authorized representatives this 1- day of ',16j(f ifci( , 2021. SIGNED IN THE PRESENCE OF: Lennar''Homes, LLC a Florida!kilned liability company, Witness: By: Darin McMurry, Vice President Printed Named ( (wf l/oc../ Witness: , _ Evidence of signing authority attached Printed Name: hereto as Exhibit ``e . ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF " '.a 410-Ai'I LIER COUN LO DA ,tt ap: Aa m n s ut. Ap F�v�$t t sQ o�form and legali PP�nv Ts+y l , Cha 1.ray rl OdJ .• I ' Derek D. Perry A3sintsslt Caivetty At.teraPT U $ 6A31 EXHIBIT "A" Subdivision Performance Security � 03,r 1 6 A 31 SIDE ! ITY GUARANTY AND ACCEPTANCE CORP . pi 700 NW 107 AVENUE - SUITE 204 MIAMI , FLORIDA 33172 PHONE ( 305 ) 553 - 8724 IRREVOCABLE STANDBY LETTER OF CREDIT NO.FGAC-21507 ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER") 700 NW 107'AVENUE,SUITE 204 MIAMI,FLORIDA 33172 PHONE(786)257-4353 DATE OF ISSUE: SEPTEMBER 27,2021 PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE,SUITE 204 NIIANII,FLORIDA33172 DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL SEPTEMBER 26,2022,AND SHALL THEREAFTER BE AETOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF THE ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE,THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS CREDIT. APPLICANT: LENNAR HOMES,EEC.(HEREINAFTER"DEVELOPER") 10481 BEN C PRATT SIX MILE CYPRESS PARKWAY' FORT MYERS,FLORIDA33966 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS,COLLIER COUNTY,FLORIDA (HEREINAFTER"BENEFICIARY") C/O GROWTH MANAGEMENT DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES,FL 34104 AMOUNT: UP TO AN AGGREGATE AMOUNT OF S6,089,306.44(SIX MILLION EIGHTY-NINE THOUSAND THREE HUNDRED SIX AND 44.'l00 US DOLLARS) RE: INFRASTRUCTURE CONSTRUCTION PROJECT NAME:THE NATIONAL GOLF AND COUNTRY CLUB AT AVE MARIA,PHASE 3 CREDIT AVAILABLE WITH: ISSUER BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. DOCUMENTS REQUIRED:AVAILABLE BY BENEFICI%KY'S DRYFT(S)AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY MANUALLY SIGNED AND DATED BY THE COUNTY MANAGER,OR HIS DESIGNEE,CERTIFYING THAT: A. "(I)DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAIN"G%IN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS THE NATION.-AL.GOLF AND COUNTRY CLUB AT AVE NIARIA,PHASE 3 AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS");(11)DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DFFAI'I T IN REASONABLE DETAIL BY CERTIFIED MAIL,RETURN RECEIPT REQUESTED;AND(III)THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED FOR THEREIN,IF ANY."; OR B. "A FINAL INSPECTION OF'THE IMPROVEMENTS FOR THE NATIONAL GOLF AND COUNTRY CLUB AT AVE NIARIA, PHASE 3 AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS") SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND ACCEPTED BY THE BENEFICIARY." 16A31 FIDELITY GUARANTY AND ACCEPTANCE CORP . 700 NW 107 AVENUE - SUITE 204 MIAMI FLORIDA 33172 PHONE ( 305553 - 8724 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO.FGAC-21507 PAGE 2 DRAFT(S)DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED:"DRAWN UNDER FIDELITY GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-21507, DATED SEPTEMBER 27, 2021" AND MUST BE ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS,IF ANY,FOR PROPER ENDORSEMENT. THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING, AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT,INSTRUMENT OR AGREEMENT. ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN AT THE PLACE OF EXPIRY PRIOR TO 4:00 P.M. EST.ON OR PRIOR TO THE DATE OF EXPIRY.PRESENTATIONS MAY BE MADE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY FEDERAL EXPRESS OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600. FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQUEL E E St�U7�1PRESIDENT 16A31 EXHIBIT " B" Signing Authority INSTR 5311144 OR 5312 PG 3583 RECORDED 9/12/2016 2:49 PM PAGES 2 1 6 A 3 1 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC S18.50 CERTIFICATE OF ASSISTANT SECRETARY OF LENNAR HOMES, LLC AUGUST 29,2016 I, Grace Santaclla, a duly elected, qualified and acting Assistant Secretary of Lennar Homes, LLC,a Florida limited liability company(the"Company"),hereby certify that: 2. DARIN MCMURRAY is a duly elected Vice President of the Company, serving continuously in such capacity since his election on July 23,2001. 3. The following resolutions were duly adopted by U.S. Ilome Corporation, a Delaware corporation, as the Managing Member of the Company on November 30, 2006, have not been amended or rescinded,and remain in full force and effect: RESOLS(1`l7, that all su> ylisign development agreements, subcontractor agreements, bond agreements, utility agreements, permitting applications: purchase and sale contracts, lease agreements. :dec9s-,-i—nortgaf;es,,-including satisfactions, releases and assignren{s c`f Mortgage ilcedses and satisfactions of judgments:--affida is\a'id'any and al) other instruments and documents in--connection «pith development and homebuilding operations necessary in or which pelain to the business of the Company, shall,'5e executed and acknowledged on behalf of the Company by the. rC ief Executive Officer, President, Chief Operating Officer or` ny%vice Pre�siint of the Company and the execution and delivery of-a4such documents by such officer shall be considered evidence of the Company's approval of the specific transaction and of the authority of such officer to execute, acknowledge and deliver such papers in connection therewith. RESOLVED, that the Chief Executive Officer, President, Chief Operating Officer and Vice Presidents of the Company, and each of them, be, and each hereby is, authorized, empowered and directed to take all such further action and to execute and deliver all such further agreements, instruments and other documents in the name and on behalf of the Company, and to pay any and all such expenses and taxes, as in such officer's or officers' sole and absolute judgment shall be deemed to be necessary, proper or advisable in order to fully carry out the intent and accomplish the purposes of the foregoing resolutions, and each of them, and the transactions contemplated thereby; RESOLVED, that the taking of any action or the execution and delivery of any document authorized by the foregoing 1 6A31 *** OR 5312 PG 3584 *** resolutions, and each of them, in the name and on behalf of the Company by its Chief Executive Officer, its President, its Chief Operating Officer or any Vice President thereof be deemed, and it hereby is authorized and empowered to be deemed, conclusive proof of the approval thereof by the member of the Company; ANI), RESOLVED, that the authorities hereby conferred shall be deemed retroactive, and any and all acts authorized herein that were performed prior to the passage of these resolutions be, and they hereby are,approved, ratified and confirmed. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Assistant Secretary on behalf of the Company as of the date first written above. Z l' —LEN A IcOMES, LLC,a Florida limited liability cc company t�— i Grace,Santa a Assis nt Secretary STATE OF FLORIDA 1 �!� COUNTY OF MIAMI-DADS \ i , ; -' Sworn to and subscribed"befdceme this 29thda 4t'August 2016, by Grace Santaella, as an Assistant Secretary of Lennar Homes,.LL ';Wf lortda limited liability company. She is personally known to me and did not take an oath.-- `- Ya.4.1_,C 4 --ki'20-).;-/-41-Q----(21) LAURAMAXWELL NOTARY PUBLIC ' MY commissol i ff 065022 r EXPIRES:ate 21,2017 State of Florida Z Erma ler,wary Roc uaaar I 16A31 EXHIBIT Opinion of Probable Cost 1101 "" 3 1 Project: The National Golf and Country Club at Ave Maria Phase 3 PENINSULA Task: Engineer's OPC for Bonding ENGINEERING Prepared By: KD Date: 8/31/2021 Checked By: Date: CONTINGENCY Calculation Summary SUB-TOTAL PERCENT DOLLAR TOTAL EARTHWORK $ 243,714.00 $ - $ 243,714.00 PAVING $ 1,341,842.08 $ - $ 1,341,842.08 DRAINAGE $ 426,048.20 $ - $ 426,048.20 LANDSCAPE AND LIGHTING $ 159,950.00 $ - $ 159,950.00 POTABLE WATER $ 872,881.30 $ - $ 872,881.30 SANITARY SEWER $ 2,031,138.65 $ - $ 2,031,138.65 IRRIGATION $ 460,158.90 $ - $ 460,158.90 TOTAL $ 5,535,733.13 $ - $ 5,535,733.13 EARTHWORK,PAVING, DRAINAGE, LANDSCAPE AND LIGHTING: TOTAL O.P.C.= $ 2,171,554.28 POTABLE WATER,SANITARY SEWER, IRRIGATION: TOTAL O.P.C.= $ 3,364,178.85 TOTAL $ $ 5,535,733.13 10%Maintenance = 553,573.31 Bond Total $ 6,089,306.44 NOTES: 1) This Opinion of Probable Cost shall be used for Bonding Only. 2) All costs provided in this OPC are based on recent contract prices,or the Engineers'latest known unit costs.These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 3) Review Fees for lake excavation are provided with the lake excavation permit.Therefore,lake excavation vo`twatH6[ggq is ed costs are excluded from this analysis. N° >, • SIC ENs •• sj.''s N F �: 0. 6n-27 ,'• STATE o f. ,4c /?I/), '''s/,NAL EN����`°'� avid J.Hurst,P.E. ////f"+111,9ot FL Registration#60727 Peninsula Engineering Certificate of Authorization#28275 C.\Users\KDavid son\AppData\Local\Microsoft\Windows\I NetCache\Content.Outlook\MJ8QL6M I\OPC_Detail_Bonding.xlsx