Backup Documents 06/14/2016 Item #16A14 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Sall A 4 `t
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T(.1j, J-�
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.
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 Y(65E(ko
4. BCC Office Board of County `D b-
Commissioners Vt\r-/J —t I '
5. Minutes and Records Clerk of Court's Office
(1/IIi� I=IZp(
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was June 14,2016 V Agenda Item Number 16-A14 ‘/
Approved by the BCC
Type of Document Plat—Oyster Harbor at Fiddler's Creek Number of Original One
Attached Phase 2 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)
I. Does the document require the chairman's original signature? (2);.e.„..- .44 5
2. Does the document need to be sent to another agency for additional signature ? If yes, r,1 /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 JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
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
_ 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 June 14,2016 and all changes made
during the meeting have been incorporated in the attached document. The County
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 forth QA1 {
Chairman's signature. _ lle -„
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 L
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T 10 A 1 14
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG TURE
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.
Complete routing lines#I 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
(401),6
4,A
4. BCC Office Board of County -1)F
Commissioners (X/ lit 1t4z.
5. Minutes and Records Clerk of Court's Office
S ei I►l to 1.1-2-p/h:
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 John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was June 14,2016 Agenda Item Number 16-A14
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Bond-Oyster Harbor at Fiddler's Documents Attached
Creek Phase 2
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? n ta5
2. Does the document need to be sent to another agency for additional signatur ? If yes, J1-I
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. J
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
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
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 June 14,2016 and all changes made b .....;IN
`
during the meeting have been incorporated in the attached document. The County ® t ��
Attorney's Office has reviewed the changes, if applicable. A, - ; , t¢I-
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•' .r! i ., , , rt
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
1 6 A 14
MEMORANDUM
Date: July 5, 2016
To: John Houldsworth, Senior Site Plan Reviewer
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re The final Plat of Oyster Harbor at Fiddler's Creek Phase 2,
(Application Number PL20160000543) standard form Construction
and Maintenance Agreement and performance Bond SU1139454
Attached for your records is a copy of the document referenced above, (Item #16A14)
approved by the Board of County Commissioners on Tuesday June 14, 2016.
The original document is being 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
1 6 A 14
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this , � rAday of � , 20 16 between
FC Oyster Harbor 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 certain plat of a subdivision to be known as: Oyster Harbor at Fiddles Creek Phase 2
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: Roadway, drainage, water& sewer improvements
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$2,041,546.41 -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 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.
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 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.
1 6 A 1 4
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 'Tday of ,I t4 /4 a_ , 2016 .
SIGNED IN THE PRESENCE O/F�: (Name of En/ti V -4, s� r Harbor, LLC
Printed Name TfhN ASNEA
Printed Name/Title John Steven Kempton, Executive
(President,VP, or CEO)
..--- ":2(117L\
(Provide Proper Evidence of Authority)
Printed Name6v,d Tri-14"--\
ATTEST:
DWIGHT E.BROCK, CLERK BOA OF COUNTY COMMISSIONERS
OF D LIER COUN ,FLORIDA
By: ,i4 ' ,/i �� By
Deputy Ci.- �e6 ~• i�,S Ch'`,DONNA FIALA, CHAIRMAN
Approved= h ARV legality:
474) 'V Item# li1 _LI
Scott A. Stone,Assistant County Attorney Agenda 0, 14.-....16
nAtP v'
Date /I,,L_(„
Rec'd .
�Y
': , • •
' epui le'• .
1 6 A 14
PERFORMANCE BOND NO.SU1139454
KNOW ALL PERSONS BY THESE PRESENTS: that
FC Oyster Harbor, LLC (NAME OF OWNER)
551 North Cattlemen Road,Suite 200 (ADDRESS OF OWNER)
Sarasota, Florida 34232 (ADDRESS OF OWNER)
(hereinafter referred to as"Owner')and
Arch Insurance Company (NAME OF SURETY)
1125 Sanctuary Pkwy.,Ste. 200 (ADDRESS OF SURETY)
Alpharetta,GA 30009 (ADDRESS OF SURETY)
(404)682-3899 (TELEPHONE NUMBER OF SURETY)
(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 Two Million, Forty One
Thousand, Five Hundred Forty Six and 41/100 Dollars ($2,041,546.41) 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 Oyster Harbor at Fiddler's Creek Phase 2
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") or until replaced by a new bond
in the event of a change of Ownership.
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.
16 .414
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 31st day of May,2016.
(Owner Name an, it - if Corporation)
WITNESSES:
FC Oyster H. •or
By:
Printed Nam- it -: John S. Kempton,
Printed Name: as Presiden of TM Oyster Harbor, LLC, a Florida
limited liability company, the authorized signatory of
FC Oyster Harbor, LLC, on behalf of FC Oyster
Harbor, LLC, Its:Authorized Signatory
I By:7 (Provide Proper Evidence of Authority)
Printe�t�Vame:
//-'
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF //\0.S 6fel
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2 7
DAY OF JUNE, 2016, BY John S. Kempton as President of TM Oyster Harbor, LLC, a Florida
limited liability company, the authorized signatory of FC Oyster Harbor, LLC, on behalf of FC Oyster
Harbor, LLC, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public-State of Florid-
(SEA
Int►`
Printed Name • Notary Public State of Florida
a44,04 Deborah K rctssion FF t Becke
MyCom246040
0,04 Expires 08/1412019
16A14
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 31st day of May, 2016.
(Owner Namend T. if Corporation)
WITNESSES: FC Oyster r r, L`
By: ' By;
Prints• N. "e/Title: John . • pton,
Printed Na-e: H k as President of TM Oyster Harbor, LLC, a Florida
limited liability company, Its: Authorized Signatory
By: , ' / (Provide Proper Evidence of Authority)
aar
� Member's Written Consent of FC Oyster Harbor,
Printed Name: l ifcr 1 LLC, dated , 2016 attached
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF SARASOTA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS `v
DAY OF JL,t rl-2_ , 2016, BY John S. Kempton AS AUTHORIZED SIGNATORY OF
FC
Oyster Harbor, LLC PURSUANT TO MEMBER'S WRITTEN CONSENT DATED
20 , WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public-State of Florida (SEAL)
CMD WORTF{
Printed Name ACEVVOOp
*, •,` * MY COANNISSION a7 FF 175834
EXPIRES;November 13 2018
C_ •�rC yrK(L Bo��dY 9jFofnste Bonded ThruBudpdNavy swim
1_6 A 1 4
(Surety Name and Title if Corporation)
WITNESSES: Arch Insurance Company
By: - _ �,,__ By: ia- Ji1+►.1
Margaret A. Ginem, Attorney-in-Fact &
'Printed Name: Eileen C. Hear Printed Name/Title: FL Licensed Resident Agent #i
(Provide Proper Evidence of Authority)
By:
Printed Name:Anett Cardinale
do Willis Towers Watson
ACKNOWLEDGMENT 4211 W.Boy Scout Blvd.,Ste.1000
Tampa, FL 33607
STATE OF Florida Inquiries: (>!13)281-2095
COUNTY OF Hillsborough
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31" DAY
OF May, 2016, BY Margaret A. Ginem AS Attorney-in-Fact OF Arch Insurance Company
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Personally known AS
IDENTIFICATION.
Notary Public-State of Florida (SEAL)
'iiy t MA,RIANELLA BARNOLA
�' <'v. /4,
4 :�= Commission#FF
� 947761
Printed Name—Marianella Barnola � ;'S Expires M�5,2020 70
111
16A14
. _
AIC 0000185113
THIS POWER OF ATTORNEY 1.S-JIOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
Interest Rate or Residential Value Guarantees.
POWER OF ATTOEY-
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City,New Jersey(hereinafter referred to as the"Company")does hereby appoint:
Anett Cardinale, Brandy Baich, David H. Carr,Eileen a Heard and Margaret A.Ginem of Tampa,FL(EACH)
its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as
surety,and as its act and deed:
Any and al1_bondsundertakings, recognizances and other surety obligations,irMIsspefiti Sum not exceeding
Ninelirs($90,000,000.00).
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recoizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fullt ant 1y to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
taryasin full force and effect:
"VOTED, That the Chairman of the Board,the President, or the Executives *Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15,2011:
VOTED,That the signature of the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,
-Sur-et iusiness Division, or their appointees designated in wry end filed with the Secretary, and the signature of the
Secretary, theSeal of the Company, and certifications by the Secretary, nine affixed bY—facsi a on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors ori ftpternber 15, 2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A.
16A14 .
AIC 0000185113
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers,this 14th day of April,2016.
Attested and Certified Arch Insurance Company
cg0,ganca
'11141k It e------------(ei 1-
tI1RANArE 4
/;.1) i /ar' ,ii 1, 1 1971 _• -----
Patrick K. Nails,Secretary _ David M. i'n e stein, Executive Vice President
( 11„)
STATE OF PENNSYLVANIA SS Mid
COUNTY OF PHILADELPHIA SS
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me
this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth.
,COMMON1Wipt4ir 1,INNSYLVANiA
NOTARIAL SEAL
HELEN&APR"Nor f fic
City a tt'sdelp>'ra,Phis.
My CernrriOsionE, hi 010ber-0017
4/J /Jf
n Szafran, yPubli —
My commission expires 10/03/2017
CERTIFICATION
I,Patrick K. Nails,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated April 14,2016
on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch Insurance Company.
IN TESTIM9NY- WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this L day of—"t- / —,20j 4, .
, i .14A..44,0 op, is
7
Patrick K. Nails,Secretary 'y
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance-Surety Division
3 Parkway,Suite 1500 � "0,0
Philadelphia,PA 19102 t�
1E 4
U 5 E
1$1 7971
00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A.
16A14
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal - 152 Single Family Lots
Engineer's Cost Estimate - Site Infrastructure
Prepared by:
GradyMinor
Q. Grady Minor&Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
(239)947-1144
February 22, 2016
Revised: March 31, 2016
, /
`,\\`' 1%III �p0DRO
ENs
- - No.45 r4
`. STATE • �:.
. s FF1x, I
'LO(6
Mark SRI D\
Florida Regi ate NdI110 4
k
1 6 A 14
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure
General Conditions Unit Quantity Price Total
Mobilization LS 1 $ 6,000.00 $ 6,000.00
Silt Fence LF 8,200 $ 1.58 $ 12,956.00
Construction Entrance/Tracking Control LS 1 $ 2,625.92 $ 2,625.92
General Maintenance LS 1 $ 4,500.00 $ 4,500.00
Sub-Total $ 26,081.92
Earthwork Unit Quantity Price Total
Top Strip AC 60.9 $ 859.24 $ 52,327.72
Lake Excavate,haul within phase or<1,000',place&compac CY 158,000 $ 2.78 $ 439,240.00
Blasting AC 5.2 $ 37,500.00 $ 195,000.00
Sod Lake Slope from water line to top of bank(incld. 5Y 2,480
watering and maintenance until phase completion)
$ 1.94 $ 4,811.20
Lake Excavate,haul and stockpile,per haul length:
•1000'<haul,1 mile CY 62,250 $ 2.90 $ 180,525.00
Load from stockpile,haul and stockpile,per haul length:
•1000'<haul<1 mile CY 138,000 $ 2.20 $ 303,600.00
•1 mile<haul<2 miles CY 108,000 $ 2.65 $ 286,200.00
Rock Bury Hole CY 170,000 $ 2,00 $ 340,000.00
Proof Rolling AC 41.1 $ 100.00 $ 4,110,00
Fine Grading Pads&Lots SY 150,300 $ 0.35 $ 52,605.00
Fine Grade Berm SY 9,000 $ 1.31 $ 11,790.00
Fine Grade Swale Slopes SY 31,200 $ 1.58 $ 49,296,00
Fine Grade General SY 9,600 $ 2.31 $ 22,176.00
Final Seed Lots and Future Phase Area w/in clearing limits AC 23.5
(200#seed+300#fertilizer per AC Seasonal Mix)
$ 1,050.31 $ 24,682.29
Subtotal $ 1,966,363.20
Roadway Unit Quantity Price Total
12"Compacted Subgrade(stabilized if required) SY 17,190 $ 1.79 $ 30,770.10
8"Limerock Base(Compacted and Primed) SY 14,580 $ 6.83 $ 99,581.40
3/4"Asphaltic Concrete Type S-III(1st Lift) SY 14,580 $ 3.80 $ 55,404.00
Valley Gutter LF 11,035 $ 7.57 $ 83,534.95
Type"A"Curb LF 607 $ 10.14 $ 6,154.98
Intersection Curb LF 190 $ 11.83 $ 2,247.70
6'and 8'Concrete Sidewalk SF 7,500 $ 3.05 $ 22,875.00 1
Handicap Curb Ramps EA 4 $ 347.52 $ 1,390.08
Signing(Traffic Control,Decorative Pole&Frame) LS 1 $ 3,585.68 $ 3,585.68
Pavement Markings for First and Second Lift Asphalt LS 1 $ 3,519.60 $ 3,519.60
Bahia Sod(10'Wide from Back of Curb) SY 4,450 $ 2.36 $ 10,502.00
3/4"Asphalt 2nd Lift SY 14,580 $ 4.07 $ 59,340.60
Flat Curb LF 335 $ 20.00 $ 6,700.00
Brick pavers SF 2,180 $ 3.00 $ 6,540.00
Sub-Total $ 392,146.09
G:\Engineering\PROJ-ENG\F\FCOHPPL2\06DP\PPLA\Cost Estimate\FCOHPPL2-Construction Cost Estimate-Submittal 2 Page 1
16A14
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure
Storm Drainage Unit Quantity Price Total
15"RCP LF 272 $ 51.43 $ 13,988.96
18"RCP LF 1,764 $ 63.16 $ 111,414.24
24"RCP IF 861 $ 73.56 $ 63,335.16
Valley Gutter Inlet EA 22 $ 3,666.94 $ 80,672.68
Type C Inlet EA 1 $ 2,210.00 $ 2,210.00
18"MES EA 7 $ 2,525.36 $ 17,677.52
24" MES EA 5 $ 2,850.08 $ 14,250.40
Yard Drain Inlet EA 8 $ 1,080.88 $ 8,647.04
12"Yard Drain Pipe LF 1,210 $ 21.45 $ 25,954.50
Filter sacks(RH Moore or approved equal) EA 10 $ 103.50 $ 1,035.00
Sub-Total $ 339,185.50
Sanitary Sewer System Unit Quantity Price Total
Rock Excavation/Bedding LF 1,000 $ 25.00 $ 25,000.00
8"Gravity PVC-SDR 26(0'-6'Cut) LF 1,430 $ 22.81 $ 32,618.30
8"Gravity PVC-SDR 26(6'-8'Cut) LF 1,330 $ 44.66 $ 59,397.80
8"Gravity PVC-SDR 26(8'-10'Cut) IF 875 $ 59.08 $ 51,695.00
8"Gravity PVC-SDR 26(10'-12'Cut) LF 875 $ 69.18 $ 60,532.50
8"Gravity PVC-SDR 26_12'-14'Cut) LF 620 $ 111.05 $ 68,851.00
8"Gravity PVC-SDR 26(14'-16'Cut) LF 620 $ 117.36 $ 72,763.20
Manhole 4'Diameter(0'-6') EA 5 $ 4,330.26 $ 21,651.30
Manhole 4'Diameter(6'-8') EA 4 $ 5,548.56 $ 22,194.24
Manhole 4'Diameter(8'-10') EA 4 $ 7,156.36 $ 28,625.44
Manhole 4'Diameter(10'-12') EA 4 $ 7,846.28 $ 31,385.12
Manhole 4'Diameter(12'-141)_ EA 3 $ 8,232.59
$ 24,697.77
Manhole 4'Diameter(14'-16' EA 1 $ 8,875.50 $ 8,875.50
Manhole Drop Connection(16-20'Cut,2-5'Drop) EA 3 $ 9,952.24 $ 29,856.72
Short Term Dewater LS 1 $ 12,757.91 $ 12,757.91
6" Single and Double Service EA 81 $ 694.42 $ 56,248.02
Television Inspection LF 5,750 $ 3.63
$ 20,872.50
6"PVC Force Main(C900,DR 18) LF 735 $ 14.20 $ 10,437.00
6"Plug Valve with Box EA 1 $ 8,819.18 $ 8,819.18
Air Release Combination Assembly EA 2 $ 7,190.35 $ 14,380.70
Sub-Total $ 661,659.20
Quantities shown in grey have been revised since PPL submittal and approval
1
G:\Engineering\PROD-ENG\F\FCOHPPL2\ObDP\PPLA\Cost Estimate\FCOHPPL2-Construction Cost Estimate-Submittal 2 Page 2
Oyster Harbor at Fiddler's Creek Phase 2 16Alit
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure
Potable Water Distribution System Unit Quantity Price Total
8"PVC Main(C-900,DR 18) LF 5,000 $ 20.44 $ 102,200.00
8"PVC(C-900,DR 14) LF 50 $ 25.10 $ 1,255.00
10"PVC Main(C-900,DR 18) LF 655 $ 34.11 $ 22,342.05
10"PVC Main(C-900,DR 14) LF 95 $ 29.05 $ 2,759.75
8"Gate Valve with Box EA 7 $ 1,422.11 $ 9,954.77
10"Gate Valve with Box EA 2 $ 2,265.70 $ 4,531.40
Fire Hydrant Assembly EA 17 $ 4,537.80 $ 77,142,60
Single Water Service EA 28 $ 806.84 $ 22,591.52
Double Water Service EA 62 $ 944.46 $ 58,556.52
Temporary Blow Off EA 6 $ 1,860.00 $ 11,160.00
Automatic Flushing Device EA 3 $ 7,000.00 $ 21,000.00
Testin:,Chlorination&Sam.le Points LS 1 $ 11 118.72 $ 11,118.72
Permanent Bacterial Sample Point EA 3 $ 1,500.00 $ 4,500.00
Sub-Total $ 349,112.33
IQuantities shown in grey have been revised since PPL submittal and approval
Electric/Street Lights/Conduit Unit Quantity Price Total
Street Lights EA 29 $ 3,250.00 $ 94,250.00
Sub-Total $ 94,250.00
Landscape/Irrigation/Lake Littoral Plantings Unit Quantity Price Total
Lake Littoral Plantings SF 63,390 $ 0.10 $ 6,339.00
Sub-Total $ 6,339.00
I Total $ 3,835,137.24
Utility Review&Inspection Fee Calculation
Sanitary Sewer System $ 661,659.20
Potable Water Distribution System $ 349,112.33
Total $ 1,010,771.53
Construction Review&Inspection Fee Calculation
General Conditions $ 26,081.92
Earthwork
$ 140,400.91
Roadway $ 392,146.09
Storm Drainage $ 339,185.50
Electric/Street Lights/Conduit $ 94,250.00
Landscape/Irrigation/Lake Littoral Plantings $ 6,339.00
Total $ 998,403.42
I Base Bond $ 2,009,174.95 I
G:\Engineering\PROJ-ENG\F\FCOHPPL2\06DP\PPLA\Cost Estimate\FCOHPPL2-Construction Cost Estimate-Submittal 2 Page 3
Oyster Harbor at Fiddler's Creek Phase 2 1 6 A 14
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure
New Fees Previously
Paid Fees Fees Due
Construction Review Fee $ 7,488.03 $ 7,492.20 $ (4.17)
Construction Inspection Fee $ 22,464.08 $ 22,476.60 $ (12.52)
Utility Review Fee $ 7,580.79 $ 7,528.31 $ 52.48
Utility Inspection Fee $ 22,742.36 $ 22,584.91 $ 157.45
Fees due at time of PPLA submittal-2
Construction Review and Inspection Fees PAID
Utility Review and Inspection Fees $ 209.93
Amendment to Construction Plans($1000+$5.00/acre) PAID
Phasing Fee PAID
Pre-Application Meeting(waived) $ -
Excavation Permit(Revision) $ 400.00
I Total $ 609.93I
G:\Engineering\PROJ-ENG\F\FCOHPPL2\06DP\PPLA\Cost Estimate\FCOHPPL2-Construction Cost Estimate-Submittal 2 Page 4
16A14
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal - 152 Single Family Lots
Engineer's Cost Estimate
Cost to Complete Site Infrastructure as of April 13, 2016
Prepared by:
/ 14 GradyMinor
Q. Grady Minor&Associates, P.A.
3800 Via Del Rey
Bonita Springs, Florida 34134
(239)947-1144
February 22, 2016
Revised: March 31, 2016
1 ii//01
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No. '5324 -'
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Florida ' •gistration No. 45324
1 6 A-1 4--
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure(Work Completed thru 3/30/16)
General Conditions Unit Quantity Price Total
Mobilization LS 1 $ - $ -
Silt Fence LF 656 $ 1.58 $ 1,036.48
Construction Entrance/Tracking Control LS 1 $ 2,625.92 $ 2,625.92
General Maintenance LS 1 $ 4,500.00 $ 4,500.00
Sub-Total $ 8,162.40
Earthwork Unit Quantity Price Total
Top Strip AC 60.9 $ 859.24 $ 52,327.72
Lake Excavate,haul within phase or<1,000',place&compac CY 126,400 $ 2.78 $ 351,392.00
Blasting AC 5.2 $ 37,500.00 $ 195,000.00
Sod Lake Slope from water line to top of bank(incld.
watering and maintenance until phase completion) SY 2,480 $ 1.94 $ 4,811.20
Lake Excavate,haul and stockpile,per haul length:
•1000'<haul,1 mile CY - $ 2.90 $ -
Load from stockpile,haul and stockpile,per haul length:
•1000'<haul<1 mile CY - $ 2.20 $ -
•1 mile<haul<2 miles CY 97,200 $ 2.65 $ 257,580.00
Rock Bury Hole CY 102,000 $ 2.00 $ 204,000.00
Proof Rolling AC 41.1 $ 100.00 $ 4,110.00
Fine Grading Pads&Lots SY 150,300 $ 0.35 $ 52,605.00
Fine Grade Berm SY 9,000 $ 1.31 $ 11,790.00
Fine Grade Swale Slopes SY 31,200 $ 1.58 $ 49,296.00
Fine Grade General SY 9,600 $ 2.31 _ $ 22,176.00
Final Seed Lots and Future Phase Area w/in clearing limits AC 23.5 $ 1,050.31 $ 24,682.29
(200#seed+300#fertilizer per AC Seasonal Mix)
Subtotal $ 1,229,770.20
Roadway Unit Quantity Price Total
12"Compacted Subgrade(stabilized if required) SY 17,190 $ 1.79 $ 30,770.10
8"Limerock Base(Compacted and Primed) SY 14,580 $ 6.83 $ 99,581.40
3/4"Asphaltic Concrete Type S-III(1st Lift) SY 14,580 $ 3.80 $ 55,404.00
Valley Gutter LF 11,035 $ 7.57 $ 83,534.95
Type"A"Curb LF 607 $ 10.14 $ 6,154.98
Intersection Curb LF 190 $ 11.83 $ 2,247.70
6'and 8'Concrete Sidewalk SF 7,500 $ 3.05 $ 22,875.00
Handicap Curb Ramps EA 4 $ 347.52 $ 1,390.08
Signing(Traffic Control,Decorative Pole&Frame) LS 1 $ 3,585.68 $ 3,585.68
Pavement Markings for First and Second Lift Asphalt LS 1 $ 3,519.60 $ 3,519.60
Bahia Sod(10'Wide from Back of Curb) SY 4,450 $ 2.36 $ 10,502.00
3/4"Asphalt 2nd Lift SY 14,580 $ 4.07 $ 59,340.60
Flat Curb LF 335 $ 20.00 $ 6,700.00
Brick pavers SF 2,180 $ 3.00- $ 6,540.00
Sub-Total $ 392,146.09
G:\Engineering\PROI-ENG\F\FCOHPPL2\10Cons Certs-Util Ded\FCOHPPL2-Construction Cost Estimate-Bond Page 1
Oyster Harbor at Fiddler's Creek Phase 2 16 A 14
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure(Work Completed thru 3/30/16)
Storm Drainage Unit Quantity Price Total
15"RCP LF 218 $ 51.43 $ 11,191.17
18"RCP LF 1,411 $ 63.16 $ 89,131.39
24"RCP LF 344 $ 73.56 $ 25,334.06
Valley Gutter Inlet EA 15 $ 3,666.94 $ 55,004.10
Type C Inlet EA 1 $ 2,210.00 $ 2,210.00
18"MES EA 6 $ 2,525.36 $ 15,152.16
24"MES EA 3 $ 2,850.08 $ 8,550.24
Yard Drain Inlet EA 8 $ 1,080.88 $ 8,647.04
12"Yard Drain Pipe LF 1,030 $ 21.45 $ 22,093.50
Filter sacks(RH Moore or approved equal) EA 10 $ 103.50
$ 1,035.00
Sub-Total $ 238,348.66
Sanitary Sewer System Unit Quantity Price Total
Rock Excavation/Bedding LF 1,000 $ 25.00
$ 25,000.00
8"Gravity PVC-SDR 26(0'-6'Cut) LF 1,430 $ 22.81
$ 32,618.30
8"Gravity PVC-SDR 26(6'-8'Cut) LF 1,064 $ 44.66 $ 47,518.24
8"Gravity PVC-SDR 26(8'-10'Cut) LF 438 $ 59.08
$ 25,847.50
8"Gravity PVC-SDR 26(10'-12'Cut) LF 700 $ 69.18
$ 48,426.00
8"Gravity PVC-SDR 26(12'-14'Cut) LF 62 $ 111.05 $ 6,885.10
8"Gravity PVC-SDR 26(14'-16'Cut) LF 620 $ 117.36 $ 72,763.20
Manhole 4'Diameter(0'-6') EA 5 $ 4,330.26
$ 21,651.30
Manhole 4' Diameter(6'-8') EA 3 $ 5,548.56
$ 16,645.68
Manhole 4'Diameter(8'-10') EA 3 $ 7,156.36 $ 21,469.08
Manhole 4'Diameter(10'-12') EA 4 $ 7,846.28 $ 31,385.12
Manhole 4' Diameter(12'-14') EA 2 $ 8,232.59 $ 16,465.18
Manhole 4'Diameter(14'-16') EA 1 $ 8,875.50 $ 8,875.50
Manhole Drop Connection(16-20'Cut,2-5'Drop) EA 3 $ 9,952.24 $ 29,856.72
Short Term Dewater LS 1 $ 12 757.91
$ 12,757.91
6" Single and Double Service EA 81 $ 694.42 $ 56,248.02
Television Inspection LF 5,750 $ 3.63 $ 20,872.50
6" PVC Force Main(C900,DR 18) LF 735 $ 14.20
$ 10,437.00
6" Plug Valve with Box EA 1 $ 8,819.18
$ 8,819.18
Air Release Combination Assembly EA 2 $ 7,190.35 $ 14,380.70
Sub-Total $ 528,922.23
Potable Water Distribution System Unit Quantity Price Total
8"PVC Main(C-900,DR 18) LF 5,000 $ 20.44 $ 102,200.00
8"PVC(C-900, DR 14) LF 50 $ 25.10 $ 1,255.00
10"PVC Main(C-900,DR 18) LF 655 $ 34.11 $ 22,342.05
10"PVC Main(C-900,DR 14) LF 95 $ 29.05 $ 2,759.75
8"Gate Valve with Box EA 7 $ 1,422.11
$ 9,954.77
10"Gate Valve with Box EA 2 $ 2,265.70 $ 4,531.40
Fire Hydrant Assembly EA 17 $ 4,537.80 $ 77,142.60
Single Water Service EA 28 $ 806.84 $ 22,591.52
Double Water Service EA 62 $ 944.46 $ 58,556.52
Temporary Blow Off EA 6 $ 1,860.00 $ 11,160.00
Automatic Flushing Device EA 3 $ 7,000.00 $ 21,000.00
Testing,Chlorination&Sample Points LS 1 $ 11,118.72 $ 11,118.72
Permanent Bacterial Sample Point EA 4 $ 1,500.00 $ 6,000.00
Sub-Total $ 350,612.33
G:\Engineering\PRO1-ENG\F\FCOHPPL2\10Cons Certs-Util Ded\FCOHPPL2-Construction Cost Estimate-Bond Page 2
16A14
Oyster Harbor at Fiddler's Creek Phase 2
PPLA Submittal-152 Single Family Lots
Engineer's Cost Estimate-Site Infrastructure(Work Completed thru 3/30/16)
Electric/Street Lights/Conduit Unit Quantity Price Total
Street Lights EA 29 $ 3,250.00 $ 94,250.00
Sub-Total $ 94,250.00
Landscape/Irrigation/Lake Littoral Plantings Unit Quantity Price Total
Lake Littoral Plantings SF 63,390 $ 0.10 _$ 6,339.00
Sub-Total $ 6,339.00
Total $ 2,848,550.921
Utility Review&Inspection Fee Calculation
Sanitary Sewer System
$ 528,922.23
Potable Water Distribution System
$ 350,612.33
Total $ 879,534.56
Construction Review&Inspection Fee Calculation
General Conditions
$ 8,162.40
Earthwork
$ 119,340.77
Roadway $ 392,146.09
Storm Drainage
$ 238,348.66
Electric/Street Lights/Conduit $ 94,250.00
Landscape/Irrigation/Lake Littoral Plantings $ 6,339.00
Total $ 858,586.93
Base,Bond $„,,,:00;i21.49 1
Less Excavation Bond
$ (815,760.00)
Performance Bond
$ 922,361.49
Maintenance Bond(10%of Performance)
$ 92,236.15
Bond Total,$ 4597.64
G:\Engineering\PROJ-ENG\F\FCOHPPl.2\10Cons Certs-Util Ded\FCOHPPL2-Construction Cost Estimate-Bond Page 3
16A14
Oyster Harbor at Fiddler's Creek Phase 2
Subdivision Performance Bond Calculations
April 13, 2016
This calculation is based upon 10%of the original cost to construct plus 100%of the cost
to complete. The attached Engineer's Cost Estimate includes the original cost estimate
and the cost estimate to complete construction as of April 13, 2016.
Bond Amount Calculated
• Original Cost Estimate = $3,835,137.24
• Less Excavation ( bonded =(-)
by excavation permit) $1,825,962.30
• Net Original Cost = $2,009,174.94
10%_$200,917.49
• Cost to Complete = $2,848,550.92
• Less Remaining Excavation =(-) $1,007,922.00
• Net Cost to Complete = $1,840,628.92
TOTAL BOND AMOUNT = $2,041,546.41
,)gm.localdileangineerinePRO1-ENGWCOHPPL21OCons Certs-Util DedPrelin,n&y Subdivision Acceptance\L-Subdivision Bond Calculations 416.doe