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Backup Documents 03/24/2015 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA11I Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to tl o t r 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 Count Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office / /j 4. BCC Office Board of County b Commissioners VS --t\.1AkCa 5. Minutes and Records Clerk of Court's Office q\frA r}( k ! « 212Z.pr 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 March 24,2015 Agenda Item Number 16-A6 Approved by the BCC Type of Document Plat -Tuscany Pointe 2 Number of Original One 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) A plicable) 1. Does the document require the chairman's original signature? � '^ S 2. Does the document need to be sent to another agency for additional signatures. yes, JH ►vl 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 March 24,2015 and all changes made 1 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 k rt-f; BCC,all changes directed by the BCC have been made,and the document is ready for the 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 TO6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURI1 A 6 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 7 /S i( 4. BCC Office Board of County --Z5k Commissioners ��� `� w, 5. Minutes and Records Clerk of Court's Officelin 11 (t'4 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 March 24,2015 Agenda Item Number 16-A6 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Bond -Tuscany Pointe 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) 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, provide the 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 March 24,2015 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. A: 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 fe the 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 1 6 A 6 MEMORANDUM Date: July 11, 2016 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Tuscany Pointe 2 Final Plat (PL20140001338) Construction and Maintenance Agreement and Performance Bond No. SNN4004203 Attached for your records is a copy of the Agreement and Bond referenced above, (Item #16A6) approved by the Board of County Commissioners March 24, 2015. The original Agreement and Bond 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 CONSTRUCTION AND MAINTENANCE AGREEMENT 1 V C A 6 FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION ANDY MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this J' "day of t_i t i / , 2c}(p ,between D.R.HORTON,INC. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: TUSCANY POINTE 2, B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Site improvements including but not limited to clearing, filling, excavation, installation of roadway improvements and utilities associated withTuscany Pointe Nithin 12 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$891,403.81 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion,either: a)notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the Page 1 of 3 improvements. However, in no event shall the County Manager or his designee refuse preliryn6 Ar6al 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 Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion,repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids,the improvements required herein. The Developer,as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this g fA day of J 041 : , 20 16 Page 2 of 3 • SIGNED IN THE PRESENCE OF: D.R. . : : , Inc. 1 6 A 6 By: Print Name• _ 1,14y„ EVev 4+ s athon Pe'tecost Vice Preside Print Name/ itle 'resident, VP, or CEO) Print Name: gran (,,3& e/ Provide Prr,p- • vidence of Authority ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC , Clerk OF COLLIER COUNTY, FLORIDA By: By. 2.1. Q Dw ht, •r L er onna Fiala , Chairman OW as Approv2lS'tbx 4y'` a'�t�H 1 .rig an legal '!•. ,SG O1+ A. S+On- Assistant County Attorney Approved Form—JAK—February 2006 Page 3 of 3 1 6 A 6 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. She is a duly elected, qualified and acting Assistant Secretary of DRHI, Inc., a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated October 1, 2014 (the "Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and Division President RESOLVED, that Jonathon M. Pentecost is hereby elected to the office of Vice President of the Company and Division President (the "Division President") of the Company's Southwest Florida Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of(A) the Company, (B)any partnership of which the Company is a general partner,manager or agent,and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property,right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts,agreements,deeds,conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property,or any interest or right therein,owned,leased or otherwise controlled by the Entities and(iii)to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities'business,the Division President is hereby authorized and empowered,in the name and on behalf of the Entities in the Division, to execute and deliver (i) 1 6 A 6 (B)any partnership of which the Company is a general partner,manager or agent,and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property,right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts,agreements,deeds,conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property,or any interest or right therein,owned,leased or otherwise controlled by the Entities and(iii)to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities'business,the Division President is hereby authorized and empowered,in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii)contracts,agreements,deeds, closing statements and other documents and instruments for the sale,transfer and/or conveyance of mineral rights, groundwater and other water rights owned, leased or controlled by any of the Entities to DRH Energy,Inc.,an affiliate of the Entities,(iii) home sales contracts,sales person employment agreements and similar or equivalent agreements,documents or instruments and (iv)personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments, necessary to sell and convey title to single-family homes. RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve as registered broker for D.R. Horton Realty of Southwest Florida, LLC, a Delaware limited liability company, in the State of Florida. RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve as registered broker for Emerald Realty of Southwest Florida, LLC, a Delaware limited liability company, in the State of Florida. 2 16A6 RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve as registered broker for Express Realty of Southwest Florida, LLC, a Delaware limited liability company, in the State of Florida. RESOLVED FURTHER, that effective as of the date hereof, the authority hereby granted to the Division President supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to the Division President. IN WITNESS WHEREOF, the undersigned has signed on the 7th day of January, 2016. kAl Pr 1' (-1 Ashley Dagley Assistant Secretary U:UTEW AL7\Mi n\DHI\16Jan07-COAS.wpd 3 1 6 A 6 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. She is a duly elected, qualified and acting Assistant Secretary of D.R. Horton, Inc., a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company dated October 1, 2014. (the "Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and Division President WHEREAS, effective January 3, 2007, Jonathon M. Pentecost was duly elected to the office of Assistant Secretary of the Company in the Company's South Florida Division; WHEREAS, effective November 10, 2011, Jonathon M. Pentecost was promoted to the position of Vice President and City Manager of the Company in the Company's Southwest Florida Division; WHEREAS,effective June 12, 2013, the Company appointed Jonathon M. Pentecost to serve as registered broker of each D.R. Horton Realty of Southwest Florida, LLC and Emerald Realty of Southwest Florida, LLC in the State of Florida; WHEREAS,effective November 18,2013,the Company appointed Jonathon M.Pentecost to serve as registered broker of Express Realty of Southwest Florida, LLC in the State of Florida; and WHEREAS, it is now desirable to promote Jonathon M. Pentecost to the position of Division President of the Company's Southwest Division. NOW,THEREFORE,BE IT RESOLVED,that Jonathon M.Pentecost is hereby elected or re-elected to the office of Vice President of the Company and Division President(the "Division President")of the Company's Southwest Florida Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death,resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered,in the Division and in the name and on behalf of(A)the Company, 16A6 contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property,(ii)contracts,agreements,deeds, closing statements and other documents and instruments for the sale,transfer and/or conveyance of mineral rights, groundwater and other water rights owned, leased or controlled by any of the Entities to DRH Energy,Inc.,an affiliate of the Entities,(iii) home sales contracts,sales person employment agreements and similar or equivalent agreements, documents or instruments and (iv)personal property leases for,among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered,in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments, necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned has signed on the 7`h day of January, 2016. Ashy Da ley y g y Assistant Secretary U:UTE W Al:r\Min\DRHI\I6Jan07-COAS.wpd 2 i. 16A6 Engineer's Opinion of Probable Cost TUSCANY POINTE TWO HM# 2014.001 Date: 1/29/2015 Description Quantity Units Unit Cost Total GRAVITY SEWAGE COLLECTION SYSTEM 8"PVC Gravity Sewer 0'-6'Cut '.)942 IF $35.00 $32,970.00 8"PVC Gravity Sewer 6'-8'Cut _ 85 IF $38.00 $3,230.00 8"PVC Gravity Sewer 8'-l0'Cut 283 IF $75.00 $21,225.00 Manhole 0'-6'Cut,IET Lined 5 EA $4,200.00 $21,000.00 Manhole 8'-10'Cut,IET Lined 2 EA $6,800.00 $13,600.00 6"PVC Lateral 520 LF $13.00 $6,760.00 6"Single Clean-out _ 6 EA $350.00 $2,100.00 6"Double Clean-outs 16 EA $400.00 $6,400.00 Video Gravity Sewer 1,310 IF $3.30 $4,323.00 Video Gravity Sewer(1 yr.after accept) 1,310 IF $3.30 $4,323.00 Subtotal Gravity Sewage System $115,931.00 WATER DISTRIBUTION SYSTEM 1 1/2"PVC Water Service 324 LF $25.00 $8,100.00 2"PVC Water Service .-,132 IF $29.00 $3,828.00 4"PVC Casing for Water Service 275 IF $8.00 $2,200.00 8"PVC Water Main DR18 1,031 LF $22.00 $22,682.00 8"PVC Water Main DR14 90 LF $21.00 $1,890.00 8"Gate Valve 3 EA $1,300.00 $3,900.00 Fire Hydrant Assembly 3 EA $3,500.00 $10,500.00 Air Release Valve 2 EA $1,500.00 $3,000.00 BSP(permanent) 1 EA $1,600.00 $1,600.00 BSP(temporary) 1 EA $725.00 $725.00 Temp.Gap Configuration 1 EA $2,500.00 $2,500.00 Automatic Flushing Device Relocation 1 EA $5,550.00 $5,550.00 Subtotal Water Main System $66,475.00 DRAINAGE&STORMWATER MANAGEMENT 15"RCP 148 IF $30.00 $4,440.00 18"RCP 24 LF $45.00 $1,080.00 24"RCP 81 LF $55.00 $4,455.00 30"RCP 639 LF $60.00 $38,340.00 42"RCP 207 LF $72.00 $14,904.00 24"FES 1 EA $1,500.00 $1,500.00 42"FES 1 EA $1,900.00 $1,900.00 Valley Gutter Inlet 6 EA $4,300.00 $25,800.00 Water Control Structure 1 EA $3,000.00 $3,000.00 Junction Box 2 EA $4,000.00 $8,000.00 Inlet Protection 1 L5 $1,000.00 $1,000.00 Subtotal Drainage $104,419.00 v, ttt111//// `,NNio_paYANDF'? i,/ ` / 9 ' :fit N. • 436 =70; 1 FW- t '. . OF '1 N i////:ti........ !I•.11 l 111 H:\2014\2014001\EN\WG\Tuscany Pointe Two-rev Cost Est 1-29-15.xlsx 1 of 3 1 6 A 6 Engineer's Opinion of Probable Cost TUSCANY POINTE TWO HM# 2014.001 Date: 1/29/2015 Desscrlptlon Quantity Units Unit Cost Total PAVING 1 1/2"&2"Asphalt Paving-Type S-III 3,110 SY $9.00 $27,990.00 6"Limerock Base 3,259 SY $6.70 $21,835.30 A. 12"Stabilized Subgrade(LBR 40) 3,409 SY $3.00 $10,227.00 Valley Gutter curb(2'wide)Std. 2,302 LF $9.00 $20,718.00 5'Concrete Sidewalk 1,113 SY $26.00 $28,938.00 Mod.E curb 260 LF $9.00 $2,340.00 3'Valley Gutter curb 74 SY $9.20 $680.80 Subtotal Roadway Pavement $112,729.10 GRADING Silt Fencing(single) 3,809 LF $1.50 $5,713.50 Turbidity Barrier 73 LF $15.00 $1,095.00 Rough Grading(+/-0.2'tolerance) 8.25 AC $2,700.00 $22,275.00 Sod 266 SY $2.50 $665.00 Perimeter Berm Grading 3,080 LF $5.00 $15,400.00 Construction Entrance 1 EA $2,500.00 $2,500.00 Subtotal Site Grading T-- $47,648.50 EARTHWORK Clearing&Grubbing 9.30 AC $4,000.00 $37,200.00 Lake excavation 18,760 CY $2.50 $0.00 Import fill 19,579 CY $10.50 $205,579.50 Subtotal Earthwork $242,779.50 LANDSCAPING Landscaping(with littorals) 1 IS $50,385.00 $50,385.00 Irrigation System 1 IS $42,000.00 $42,000.00 Subtotal Landscaping $92,385.00 LIGHTING _ Street lighting pole 14 EA $2,000.00 $28,000.00 Subtotal Lighting $28,000.00 Construction Cost Estimate Total $810,367.10 I I I I H:\2014\2014001\EN\WG\Tuscany Pointe Two-rev Cost Est 1-29-15.xlsx 2 of 3 16A6 _ Engineer's Opinion of Probable Cost TUSCANY POINTE TWO HM# 2014.001 Date: 1/29/2015 Description Quantity Units Unit Cost Total PPL Review Fees PPL Review $1,000.00 Plus$5 per acre(residential) $55.00 Fire Code Review Fee _ $100.00 COA($200+$25'38 homes) $1,150.00 Utilities Modeling and Analysis Fee $1,000.00 Environmental Impact Statement $2,500.00 Listed or Protected Species $1,000.00 Clearing($250+$50'10) $750.00 Utility Plan Review 0.75%of probable water and sewer construction cost $1,368.05 Pavina,GradinA ._and Drainage Review 0.75%of probable roadway,grading,drainage,landscaping and lighting $4,709.71 Total PPL review fees $13,632.75 Pre-ap lication meeting fee credit: $500.00 Review fees due at submittal: $13,132.75 Note: PPL inspection fees to be paid at preconstruction meeting: 2.25%of probable water and sewer construction cost A $4,104.14 2.25%of probable roadway,grading,drainage,landscaping and lighting _ $14,129.12 $18,233.28 H:\2014\2014001\EN\WG\Tuscany Pointe Two-rev Cost Est 1-29-15.xlsx 3 of 3 1 6 A 6 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. SNN4004203 KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton,Inc. 10541 Ben C.Pratt/Six Mile Cypress Pkwy,#100 Fort Myers,FL 33966 (hereinafter referred to as "Owner")and Nationwide Mutual Insurance Company 7 World Trade Center,250 Greenwich Street 37th Floor New York,NY 10007 (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 Eight Hundred Ninety One Thousand Four Hundred Three and 81/100 Dollars($891,403.81) 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 Tuscany Point II (earthwork, utilities, streets, curb &gutter) and that certain subdivision shall include specific improvements, which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations(hereinafter the"Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default,then this obligation shall be void,otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change,extension of time,alteration,addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond,and it does hereby waive notice of any such change,extension of time, alteration,addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the 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. 16A6 A, IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 16th day of June.2016. . CAthlAFGACT-PD.' orton Inc Witness Signature .- ncipal ----- C0 -- t _ ; By: Wit ess Print Name • ,Agil J , �� II Nationwide Mutual Insurance Company i ss Signature Surety _ Tariese M.Pisciotto By:t ,. i g.u.,ti LI // Witness Print Name or Type Attorney-in-Fact:Dawn L.Mo an Florida license no.: P011322 STATE OF C L COUNTY OF V , The foregoing instrument was acknowledged before me this til y ofJWe... ,ZO110,by J U(\ Ei who is personally known to me or has produced as identification. 41Ja.t-cis,,,_.t1--ez-a-dt BARBARA KALASH (Signature of Notary Public) Notary Public,State of Florida My Comm.Expires March 17,2019 Atka Ta 14.(a-S hCommission No.FF 200595 (Print,Type,or Stamp Commissioned Name of Notary Public) STATE OF ILLINOIS COUNTY OF DUPAGE The foregoing instrument was acknowledged before me this 16th day of June.2016,by : wn L. ••organ,Attorney-In- Fact,who is personally known to me. I. a • / "OFFICIAL SEAL" • ig, : re of Notary PU.lic TARIESE M PISCIOTTO : State of Illinois) Notary Public,State of Illinois My Commission Expires 06/26/2018: Tariese M.Pisciotto (Print,Type,or Stamp Commissioned Name of Notary Public) 1 L Ai & 7040 C77 World Trade Center 250 Greenwich Street 37th Floor New York,NY 10007 Nationwide' Power of Attorney is on your side KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to as the"Company"and does hereby make,constitute and appoint: James Moore,Stephen T.Kazmer,Dawn L. Morgan, Melissa Schmidt each in their individual capacity,its true and lawful attorney-in-fad,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: 'RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums,undertakings,recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke, with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." 'RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto; provided,however,that said seal shall not be necessary for the validity of any such documents.' This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this ins e o be-- led d duly attested by the signature of its officer the Yday of Scpf..A'S / t� Antonio C Albanese,Vice President of Nationwide utual Insurance Company J�.05, est, am drA �� ACKNOWLEDGMENT a • 8 1925 I 1 STATE OF NEW YORK,COUNTY OF NEW YORK: ss • ��Sig On this 3O1" day of Sept- .20 js" ,before me came the above-named officer � for the Company aforesaid,to me personally known to be the officer described in and who * Ohio* executed the preceding instrument,and he acknowledged the execution of the same,and um o•" being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said CompanL. FAYE V. STORCH Notary Public-State of New York No.01ST6288622 Notary Public Qualified in Nassau my My Commission Expires My Commission Expires July 29,2017 CERTIFICATE I,Parag H.Shah,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and a�. ,or.to seal of said Company this 16th day of June .20 16 >I� . As istant Secretary This document is void if VOID appears in the BLUE line on the right,the Nationwide watermark is missing from the center of the page and/or the red consecutive number is missing from the upper right-hand corner.Contact us at 212-329-6900 if this document is void or if you have any questions.