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Backup Documents 11/15/2016 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County A ttorney 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 1. John Houldsworth Development Review 1/19/1 7 2. 3. County Attorney Office County Attorney Office 1/I?//7 4. BCC Office Board of County / Commissioners \ �41/ \Z3 D\ "( 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 John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was November 15,2016 ` Agenda Item Number 16-A 1l Approved by the BCC Type of Document Plat — Del Webb Naples Parcel 113 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) Applicable) 1. Does the document require the chairman's original signature? n/a 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 November 15,2016 and all changes made during the meeting have been incorporated in the attached document. The a ' tt, 07, 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 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 16ATO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to 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 throujh 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 >�yi r 4. BCC Office Board of Countyi‘ Commissioners \[ f 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 John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was November 15,2016 Agenda Item Number 16-A11 Approved by the BCC Type of Document Construction and Maintenance Agreement Number of Original Two Attached and Performance Bond — Del Webb Documents Attached Naples Parcel 113 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/a 2. Does the document need to be sent to another agency for additional signatures? If yes, JH 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 November 15,2016 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. - AIN • 9. Initials of attorney verifying that the attached document is the version approved by the r� BCC,all changes directed by the BCC have been made,and the document is ready for Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.0 , evised 2.24.05;Rev' d 11/30/12 16A11 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this a`6 day of,OR,., 2016 between Pulte Home Corporation, 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: Del Webb Naples Parcel 213 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: Roadway, Drainage, Water& Sewer Improvements Within 12 months from the date of approval of 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 $200,129.89 - which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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 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 such 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 1 of 3 16A 11 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. 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 of 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. 2 of 3 16A 11 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreepent to be executed by their duly authorized representatives this •&1} day of 0 Z...d , 2016. (Name of Entity) Pulte Home Corporation !SIGNED IN THE PRESENCE OF By. Ak-----•____VOIy Ndo-e. C._, Printed Name/Title: Michael Hueniken, Director of Printed Name: 1.,e&A/1Q 4.?74 t Land Development '�ffler` (Provide Proper Evidence of Authority) t Printed Name: /}1'�(,tc,cl )l. t r'Yarin ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA BY: I Deputy Clerk Attest as/to halm;. v PENNY TAY OR, CHA "MAN — - signatut y. Approved .s to for and legality: Sr Scott A. Stone,Assistant County Attorney 3 of 3 16A11 Del Webb - Parcel 213 County PPL- Rev 01 ENGINEERS OPINION OF PROBABLE COST Paving $72,193.50 Drainage $61,325.10 Earthwork $9,752.67 Lighting $16,800.00 Landscaping $21,865.00 Sub- Total $181,936.27 10%Contingency $18,193.63 Total $200,129.89 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for budgeting purposes Only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document.Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to changedue to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. 5)Does not include enhanced landscape or hardscape features Brendan D.Sloan, P.E. FL Registration#69978 COA#8636 Date B:\Projects\13360(Ave Maria)Del Webb Naples Parcel 213\Project Management\Cost Lstimate\Ol 0\PPL-CC\Rev01\Del Webb 213 OPC PPL REVO1 PAVIPI 16A11 $72,193.50 Estimated Item Description Unit Unit Price Amount Quantity $4.75 $8,937.39 P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 1,882 SY $4.75 $8,937.39 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 1,882 SY $7.75 $14,582.06 P-3 6"Limerock Base 1,882 SY $2.25 $5,427.00 P-4 12"Stabilized Subgrade(1'behind BOC) 2,412 SY $8.00 $11,256.00 P-5 Valley Gutter 1,407 LF $10.00 $2,250.00 P-6 Type'A'Curb 225 LF P-7 4"Concrete Sidewalk 809 SY $23.50 $19,003.67 P-8 Signing and Marking 1 LS $1,000.00 $1,000.00 P-9 Concrete Handicap Ramps w/Detectable Surface 2 EA $400.00 $800.00 SUBTOTAL= 16A11 1 1 1 1 $61,325.10 DRAINA5 Estimated Item Description Unit Unit Price Amount Quantity $40.10 $842.10 18"RCP 21 LF $56.00 $10,808.00 D-1 24"RCP 193 LF $70.00 $14,000.00 D-2 36"RCP 200 LF $90.00 $9,900.00 D-3 42"RCP 110 LF $2,375.00 $2,375.00 D-4 D- 24"Headwall 1 EA $3,000.00 $6,000.00 5 D-6 36"Headwall 2 EA $3,900.00 $3,900.00 D-7 42"Headwall 1 EA D-8 Valley Gutter Inlet 2 EA $2,000.00 $4,000.00 D-9 Type'E'Inlet 2 EA $3,000.00 $6,000.00 D-10 Type'G'Inlet 1 EA $3,500.00 $3,500.00 SUBTOTAL= 16A11 $9,752.67 EARTH . K Estimated Item Description Unit Unit Price Amount Quantity E-1 2'Silt Fence(Single Row) 5,225 LF $1.00 $5,225.00 E-2 Sod(1'off BOC) 181 SY $2.00 $362.67 E-4 Floating Turbidity Barrier 490 LF $8.50 $4,165.00 SUBTOTAL= 16A 11 LIG Sri Estimated Item Description Unit Unit Price Amount Quantity L-1 Lighting 6 EA $2,800.00 $16,800.00 SUBTOTAL= $16,800.00 16A11 LAND cot Estimated Item Description Unit Unit Price Amount Quantity LA-1 Code Minimum Landscaping 1 LS $21,865.00 $21,865.00 SUBTOTAL= $21,865.00 16A11 PERFORMANCE BOND BOND NO. SUR0040195 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation (Name of Owner) 24311 Walden Center Dr., Ste 300 (Address of Owner) Bonita Springs, FL 34134 (Address of Owner) (Hereinafter referred to as "Owner") and Argonaut Insurance Company (Name of Surety) 4600 S. Syracuse Street, Suite 400 (Address of Surety) Denver, CO 80237 (Address of Surety) 303-773-7261 (Telephone Number) (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 hundred thousand one hundred twenty nine and 89/100 ($200,129.89) 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 of a certain subdivision plat named Del Webb — Parcel 213 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 1 6 A 11 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 28th day of December, 2016. Principal: Pulte Home Corporation By: Bryce Langen, Assistant Treasurer Witness: );z;.- /11 �__ , Jean Marusak Witness: 1')44)6a): J. Nicholas Sarris ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF December, 2016 by Bryce Langen WHO IS PERSONALLY KNOW TO ME. Notary Public-State of GEORGIA (SEAL) Age/ ei%6 otary Public SHIRLEY E HUTCHINS Notary Public Niko Cooly Argonaut Insurance Company Can_____ _y _ll Surety 4111111 BY: Jere y Polk, ' ey-in-Fact 1 Witness: ,!I144 / AS& Karen W. 0''' len Witness: /I rooman SE ATTACHED NOTARY 1 6 A 11 ACKNOWLEDGEMENT State of Arizona County of Maricopa On IV ZS//6 before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) L. &aQO OA 8....--� Notary Signature 4:11i'. Jessica HI aer,der NOTARY PUBLIC CO-ARIZONA } MARICOPA UNTY Jessica Hollaender My Commission Expires �''h ' January 13,2017My commission Expires January 13`h, 2017 j 16A11 • Argonaut Insurance Company AS-0103367 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Jessica Hollaender,Jeremy Polk Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $7$,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 18th day of July,2013. ,.'......'.,, Argonaut Insurance Company SEAL i r:, 1948 r r: by: ______ '.ILMOt.•' s. ���•�,.,.��...a��� STATE OF TEXAS , • Joshua C.Betz, Senior Vice President COUNTY OF HARRIS SS: On this 18th day of July,2013 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF TILE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. ��*�I KATHLEEN M MEEKS (�k NOTARY TEXAS T' STATE OP TEXAS MY COMM.EXP,07.15-2017 (Norah Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 28th day of December , 2016. �;'..N w ac`s - o, SEAL :y<` �a �_ u� 1949 2 Sarah Heineman VP-Underwriting Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE,AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER.IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400.