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Backup Documents 09/13/2016 Item #16A33 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 A 3 3 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 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office /1.4 a/c;. 4,*/) ) 4. BCC Office Board of County b Commissioners 5. Minutes and Records Clerk of Court's Office 4► in i 2;52 ron 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was h _ - ( Agenda Item Number Approved by the BCC 1 - ` 3 �J Type of Document Bond, Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 JH 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. JH 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 September 13,2016(enterdate)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 for ,,4140.0, 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 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 1 6 A 3 3 IMPROVEMENTS THIS Sp.NSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 2.1 day of IFW8Rvlt►ZN9 , 2017 between Taylor Morrison of FL, 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 certain plat of a subdivision to be known as: Esplanade at Hacienda Lakes Phase 2B(PL20160001208) 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 and 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 $325,088.14 - 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 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 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 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 1 of 3 responsibility for and by the County. 1 6 e 3 Z 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the J 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ?I5 day of Frrl3tuft'1 -/ , 2017. (Name of Entity) SIGNED I THE PRESENCE OF Taylor Morrison of FL, Inc. By: By: In Printed Name YJ���4 Printed Narita: 21A N Title A ivc Loy'q-et) �1 By: )6-6- '') / (Provide Proper Evidence of Authority) Printed Name: ) ago v1J� ATTEST: �/{ ,, �C.�(� c Eov ~ BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA 2 of 3 A33 kie X2' BY: L�� By: Deputy.Clerk •! BSt. S 0 • PENNY TAYLOR, CHAAMAN sitfilature Approvpd as to form and legality: ki4,Scott A.Stone Assistant County Attorney 3 of 3 1 6 A 3 3 PERFORMANCE BOND BOND NO. SU1143655 KNOW ALL PERSONS BY THESE PRESENTS:that Taylor Morrison of Florida, Inc. (Name of Owner) 28100 Bonita Grande Drive, #203 (Address of Owner) Bonta Springs, FL 34135 (Address of Owner) (Hereinafter referred to as"Owner") and Arch Insurance Company (Name of Surety) 1125 Sanctuary Parkway, #200 (Address of Surety) Alpharetta, GA 30009 (Address of Surety) 404/682-3899 (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 Three Hundred Twenty Fwe Thousand Eighty Eight and 14{100 Dollars ($325,088.14 ) 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 The Esplanade at Hacienda Lakes,Phase 2B 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 A33 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 20th day of January / 2017 / WITNESSES: (Owner Name and Title if Corporation) Taylor Morrison of Florida, Inc. itY-4 C By - - -- —� — Pfinted Name Printed Name/Title j /�� -.- /� ttithe i1 h1«fiy 'W' /��FIICJ //fr r (Provide Proper Evidence of Authority) dacayn rn jklir i.thii) Printed Name ACKNOWLEDGEMENT ,9`)V.:!74, REBEKAH NORTON MY COMMISSION t FF 229127 * Ta' * EXPIRES:May 10,2019 STATE OF FL(c_1a rNQ 0_00oF Bonded ThN Budget Notary Sena' COUNTY OF UQ._ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 0 \ / O / 2---O ` +, 20 , by oat---w (NAME OF ACKNOWLEDGER) AS • - if F ,Tj.9 E) OF Taylor Morrison of Florida, Inc. (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO , OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of rLceioR (SEAL) -)QC.. , I /.1 )41 Printed Name 16A33 Bond No.: SU1143655 (Surety Name and Title if Corporation) WITNESSES: _ Arch Insurance Company --- ----- - -- -------- I Printed Name/Title: Margaret A. Ginem, Attorney-in- Printed Name: Anett Cardinale ;fact and Florida Licensed Resident Agent (Provide Proper Evidence of Authority) By: NtiLeL lei Printed Name: Gloria Robb ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 20th DAY OF January, 2016, BY Margaret A. Ginem, AS Attorney-in-fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED X known AS IDENTIFICATION. Notary Public - State of Florida Printed Name Eileen C. Heard 41,..t; EILEEN C.HEARD . !�� :. Commission #FF 163460 ; �r Expires 22,October 2018 o j BMCW Thru Troy Fain in 22, 01!,5.70,9 do Willis of Florida, Inc. 4211 W.Boy Scout Blvd.,Ste. 1000 Tampa,FL 33607 Inquiries:(813)281-2095 1 b A33 AIC 0000185029 THIS POWER OF ATTORNEY IS NOT 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 ATTORNEY 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 C. 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 all bonds,undertakings, recognizances and other surety obligations,in the penal sum not exceeding Ninety Million Dollars($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, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply 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 Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President,or the Executive Vice President, or any 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, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 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. 16A33 Hacienda Lakes 2B Opinion of Probable Cost Rev 01 June 30,2016 SUMMARY Wastewater $60,391.08 Water $40,938.00 Sub-Total $101,329.08 Earthwork $4,611.25 Paving $91,715.33 Drainage $63,879.00 Landscape $20,000.00 Lighting $14,000.00 Sub-Total $194,205.58 Total $295,534.67 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting 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. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. Digitally signed Jeremy H. by Jeremy H. Arnold, P.E. Arnold,P.E. 66421 State of 66421 State Florida Hata•/MA n7 nA Jermey H.Ar ola, v a 09:28:35-04'00' Date Florida License#66421 COA#8636 Jeremy H.Arnold State of Florida Professional Engineer, License No. 66421 This item has been electronically signed and sealed by Jeremy H. Arnold, PE on 7/6/16 using a Digital Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 1 6 A 3 3 WASTEWATER Estimated Item# Description Unit Unit Price Amount Quantity WW-1 Connect to Existing Gravity Sewer 1 EA $5,000.00 $5,000.00 WW-2 8"PVC Sanitary Sewer SDR-26(0-6') 399 LF $28.00 $11,172.00 WW-3 8"PVC Sanitary Sewer SDR-26(6-8') 165 LF $35.00 $5,775.00 WW-4 Manhole 4'Diameter with IET Coating(0-6') 2 EA $5,200.00 $10,400.00 WW-5 Manhole 4'Diameter with IET Coating(6-8') 1 EA $6,800.00 $6,800.00 WW-6 Television Inspection 564 LF $2.21 $1,244.08 WW-7 6"Single PVC Sewer Service 2 EA $1,500.00 $3,000.00 WW-8 6"Double PVC Sewer Service 10 EA $1,700.00 $17,000.00 SUBTOTAL= $60,391.08 1 6 A 3 3 POTABLE WATER Estimated Item# Description Unit Unit Price Amount Quantity PW-1 Connect to Existing Water Main 1 LS $5,000.00 $5,000.00 PW-2 8" PVC Water Main (C900, DR18) 603 LF $20.00 $12,060.00 PW-3 8" PVC Water Main(C900, DR14) 44 LF $22.00 $968.00 PW-4 1"Single Water Service,Complete 8 EA $720.00 $5,760.00 PW-5 1.5" Double Water Service,Complete 7 EA $950.00 $6,650.00 PW-6 Permanent Bacterial Sample Point 1 EA $2,500.00 $2,500.00 PW-7 Temporary Blow-off/Automatic Flushing Device 1 EA $3,500.00 $3,500.00 PW-8 Fire Hydrant,Complete 1 EA $4,500.00 $4,500.00 SUBTOTAL= $40,938.00 1 6 A33 EARTHWORK Estimated Item# Description Unit Unit Price Amount Quantity EW-1 Single Row Silt Fence 2,315 LF $1.75 $4,051.25 EW-2 Sod(1' Behind Curb) 160 SY $3.50 $560.00 SUBTOTAL= $4,611.25 16 A33 PAVING Estimated Item# Description Unit Unit Price Amount Quantity P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 1,739 SY $5.00 $8,697.22 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 1,739 SY $6.00 $10,436.67 P-3 6"Limerock Base(Compacted and Primed) 1,739 SY $10.00 $17,394.44 P-4 12"Stabilized Subgrade 2,182 SY $3.00 $6,547.00 P-5 2'Valley Gutter 1,206 LF $12.50 $15,075.00 P-6 2'Ribbon Curb 170 LF $12.50 $2,125.00 P-7 Concrete Sidewalk 670 SY $32.00 $21,440.00 P-8 Signing and Marking 1 LS $10,000.00 $10,000.00 SUBTOTAL= $91,715.33 1 6 A 3 3 DRAINAGE Item# Description Estimated Unit Unit Price Amount Quantity D-1 15" RCP 24 LF $36.00 $864.00 D-2 18" RCP 186 LF $40.00 $7,440.00 D-3 36" RCP 401 LF $75.00 $30,075.00 D-4 18" Flared End 1 EA $2,500.00 $2,500.00 D-5 36" Flared End 2 EA $4,500.00 $9,000.00 D-6 Valley Gutter Inlet 4 LF $3,500.00 $14,000.00 SUBTOTAL= $63,879.00 1 6A33 LANDSCAPE Item# Description Estimated Unit Unit Price Amount Quantity Required Buffers: LA-1 Code Minimum Landscaping 1 LS $20,000.00 $20,000.00 SUBTOTAL= $20,000.00 1 6 A 3 3 LIGHTING Item# Description Estimated Unit Unit Price Amount Quantity L-1 Street Lighting 4 EA $3,500.00 $14,000.00 SUBTOTAL= $14,000.00 1 6 A 3 3 PPL FEE CALCULATION Plat Review Fees: Residential only:$1,000.00 Plus$5.00 per acre(round up to the next acreage) Number of Acres= 7.32 $ 1,040.00 Non-Residential only:$1,000.00 Plus$10.00 per acre(round up to the next acreage) Number of Acres= 0.0 N/A $100 Fire review $ 100.00 COA application fee$200+$25 per D.U.or per 1,000 sq.ft. commercial($5,000 max.) Dwelling Units= 22 $ 750.00 Environmental Health Review Fee(if applicable) N/A $2,500 Environmental Impact Statement review N/A $1,000 Listed Species Survey(when EIS is not required) N/A $250 Site Clearing fee(first acre or fraction of an acre,round acres up to next whole acre) $250 for the first Acre N/A plus$50 for each additional acre or fraction of an acre :($3,000 maximum)#of acres N/A Total Acres to be Cleared= 0.0 N/A Utility Modeling and Analysis fee$1,000(only applies if zoned PUD or DRI) $ 1,000.00 Utility Plan Review&Inspection Fees Water+Wastewater Cost Estimate= $101,329.08 Utilities document review—0.75%of probable water/sewer construction costs 0.75%x Cost Estimate= $759.97 $ 759.97 Utilities Inspection Fee—2.25%of probable water/sewer construction costs * 100%of Construction Inspections fees to be paid prior to Pre-Construction meeting 2.25%x Cost Estimate= $2,279.90 Paving,Grading,Landscape,Lighting,&Drainage Review&Inspection Fees: Cost Estimate= $194,205.58 Construction document review—0.75%of probable roadway,paving&drainage construction costs 0.75%x Cost Estimate= $1,456.54 $ 1,456.54 Construction inspection —2.25%of probable roadway,paving&drainage construction costs * 100%of Construction Inspections fees to be paid prior to Pre-Construction meeting 2.25%x Cost Estimate= $4,369.63 Excavation Review Fees Application Fee(Private Development)=$400 N/A Prepaid 12 Month Inspection Fee N/A $200 first 5000 c.y.;$10 per additional1000 CY;maximum of$20,000.00 Cubic Yardage SUB-TOTAL: $ 5,106.51 PRE-APP CREDIT: $ - TOTAL: $ 5,106.51 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 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 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office 2-\Z$\\\ 4. BCC Office Board of County Commissioners \ t (, / 3\k\V--1 5. Minutes and Records Clerk of Court's Office /O�i� ( fpm 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was (1 - 1 -� _ 1 6_ Agenda Item Number -� Approved by the BCC Type of Document Plat a fthl 4.1..1,--16„„ Number of Original '1\ Attached Documents Attached PO number or account (08,,410:1 (Q{- r u',,I 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? e" —4W—* 5 2. Does the document need to be sent to another agency for additional signature ? If yes, N/A provide the Contact Information(Name;Agency; Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 JH 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. JH 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 September 13,2016(enter date)and all changes made during the meeting have been incorporated in the attached document. Aar kt; 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 for the rataqon Chairman's signature. I t 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 16433 Return to:(enclose self-addressed stamped envelope) Angela Tompkins, Paralegal Greenspoon Marder,P.A. 5150 North Tamiami frail Suite 502,Newgate Tower Naples.FL 34103 This Instrument Prepared by: Mark F.Grant,Esq. Greenspoon Marder, P.A. 5150 North Tamiami Trail Suite 502,Newgate Tower Naples, FL 34103 (239)659-1103 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ESPLANADE AT HACIENDA LAKES This SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ESPLANADE AT HACIENDA LAKES ("Supplemental Declaration") is made this 15' day of January, 2017, by TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation ("Declarant"), is joined in by ESPLANADE AT HACIENDA LAKES HOMEOWNERS ASSOCIATION,INC.,a Florida not-for- profit corporation ("Association"), to acknowledge its responsibilities hereunder. WHEREAS, Declarant recorded that certain Declaration of Covenants, Conditions and Restrictions for Esplanade at Hacienda Lakes on March 31, 2014, in Official Records Book 5021, Page 2722, of the Public Records of Collier County, Florida, as the same may be further amended and supplemented(the "Declaration"); and WHEREAS, the Declaration subjects the property described in Exhibit "A" thereto to the easements, restrictions, covenants and conditions of the Declaration; and WHEREAS,Article III,Section 1,of the Declaration provides that Declarant may,from time to time, add any Additional Property or any other real property to the Property by recording a Supplemental Declaration describing the property being subjected; and WHEREAS, Declarant desires to subject the property described on Exhibit "A" attached hereto and made a part hereof("Additional Property") to the provisions of the Declaration; and WHEREAS, Declarant now desires to add the Additional Property to Esplanade at Hacienda Lakes as herein specifically provided; and 1 26362211:2 16A33 WHEREAS,the Association is joining in this Supplemental Declaration to acknowledge its maintenance responsibilities described herein. NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is intended to be and is a "Supplemental Declaration" as defined in the Declaration) and hereby declares that the Additional Property shall be deemed a portion of the "Property" under the Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed, demised and occupied subject to the covenants, restrictions, reservations, regulations,burdens and liens set forth in the Declaration as modified by this Supplemental Declaration, as follows: 1. The recitations herein set forth are true and correct and are incorporated herein by reference. 2. The definitions provided in the Declaration are incorporated herein by reference. 3. The Additional Property described on Exhibit"A"to this Supplemental Declaration is hereby designated a part of Esplanade at Hacienda Lakes and shall be sold, transferred, used, conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental Declaration and the Declaration. 4. Declarant hereby declares that all of the Additional Property designated on Exhibit `'A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the applicable land use covenants and the benefits and burdens established under the Declaration as fully as though it were originally designated as such in the Declaration. 5. Designation and Maintenance of Association Property. Tract "R", Tract "04", all Access Easements (A.E.) and Irrigation Easement (I.E. #1) as shown on the Plat of Esplanade at Hacienda Lakes Phase 2B as described in Exhibit "A" attached hereto, is hereby declared to be Association Property. Maintenance of the Association Property shall be by the Association, as provided in Section 1 of Article IX of the Declaration. All costs of maintenance pursuant to this Paragraph shall be assessed against all Lots in Esplanade at Hacienda Lakes as an Operating Expense pursuant to the provisions of Articles VI and VII of the Declaration and shall be subject to the lien of the Association pursuant to Section 2 of Article VI of the Declaration. 6. Conflict. In the event of any conflict between the provisions hereof and the provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Association, the provisions of this Supplemental Declaration shall control. Except as otherwise specifically set forth in this Supplemental Declaration, in the event of any conflict between the provisions of this Supplemental Declaration and the provisions of the Declaration,the provisions of the Declaration shall control. 26362211:2 1bA33 IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration on the day, month and year first above written. TAYLOR MORRISON OF FLORIDA, INC. a Florida corporif (a 'on 161:1 ,./(ki,u) By: Sig ature Print d Name: 6 to)141r. x k(liL( .�f' `(1��; Its: Au,}Lv,,..:y�� Printed Name Si na (CORPORATE SEAL) ari 0. 111 iieeK- Printe ame STATE OF FLORIDA ) ) ss: COUNTY OF SARASOTA ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by David Truxton ce,y pvAl,r,ft.i z Eo A L £-N t oi,as VieePresident -&-TAYLOR MORRISON OF FLORIDA, INC.,a Florida corporation,who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 1 ? day of Ta u_a , 2017. My Commission Expires: (TS57.j Notary Public Deborah K. Beckett Typed, printed or stamped name of Notary Public µ+Pu Notary Public State of Florida Deborah K Beckett My Commission FF 248040 -a so- expires 08J1412019 3 ")6362211:2 1 6 A33 JOINED IN BY: ESPLANADE AT HACIENDA LAKES HOMEOWNERS ASSOCIATION, INC. a Florida not-for-profit corporation �, �,t ���r �✓ By: Signat,ure , ANTHONY '' RDETT, President ' 11.6\iv Rtdc5imecocc _)t 8ez�n . Si at.0 (CORPORATE SEAL) Printed-Name STATE OF FLORIDA ) ) ss: COUNTY OF SARASOTA ) [ HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by ANTHONY J. BURDETT, as President of ESPLANADE AT HACIENDA LAKES HOMEOWNERS ASSOCIATION,INC.,a Florida not-for-profit corporation, who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this 1 �' day of 3-anuc_ r , 2017. My Commission Expires: I .' 41-0-4 /e-C>& / otary Public Deborah K. Beckett Typed, printed or stamped name of Notary Public kyr n� Notary Pubik State o}Florida r°of Deborah K Beckett c My Commission FF 246040 oF Expires 08/1412019 4 26362211:2 1 6 A33 EXHIBIT "A" Legal Description of Additions al Property ALL PROPERTY SHOWN ON THAT CERTAIN PLA-I— OF ESPLANADE HACIE LAKES PHASE 2B, RECORDED IN PLAT BOOK , PAGES —__THRO ,OF THE PUBLIC RECORDS OF COLLI 1--7f-R COUNTY, FLORIDA, LESS EXCEPT ANY PROPERTY DEDICATED TO THE PUB LIC THEREON. 5 26362211:2