Loading...
Agenda 01/22/2013 Item #16A 3 1/22/2013 Item 16.A.3. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facilities for The Quarry— Club House-Tract U(PL-20120000596), Golf Course and Amenities (PL-2011000013) and to release the Utilities Performance Security (UPS) in the total amount of$14,695.31 and the Final Obligation Bond in the total amount of $8,000 to the Project Engineer or the Developers Designated Agent. OBJECTIVE: To have the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water utility facilities and to release the Utilities Performance Security (UPS) in the total amount of $14,695.31 and the Final Obligation Bond in the total amount of $8,000.00 to the Project Engineer or the Developers Designated Agent. CONSIDERATIONS: 1) The Developer of The Quarry — Club House-Tract U, Golf Course and Amenities has constructed the water utility facilities within dedicated easements to serve this development. See attached location maps. 2) Preliminary acceptance of these utility has been approved by the Engineering Services staff. At that time,this was the value of these utility facilities: n Project Preliminary Acceptance Assets-Water Date Club House-Tract U March 20, 2007 $11,082.90 Golf Course and Amenities March 17, 2011 $7,522.05 The total value of the assets are $18,604.95. This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. See attachment asset sheets. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during,not less than,the required one(1)year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services staff in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 6) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. 7) Utilities Performance Security (UPS) in the total amount of $14,695.31 and the Final Obligation Bond in the total amount of$8,000.00 to be released. See attached Exhibit A. Packet Page-646- 1/22/2013 Item 16.A.3. 8) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the above utility facilities, which at the time of preliminary acceptance,had a total gross value of$18,604.95 (no depreciation applied). GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient,and requires a majority vote for approval.—ERP RECOMMENDATION: To have the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water utility facilities for The Quarry— Club House-Tract U (PL-20120000596), Golf Course and Amenities (PL-2011000013) and to release the Utilities Performance Security (UPS) in the total amount of $14,695.31 and the Final Obligation Bond in the total amount of $8,000.00 to the Project Engineer or the Developers Designated Agent. PREPARED BY: Jodi Hughes, Technician,Engineering Services, Growth Management Division,Planning and Regulation Attached Documents: 1. Location Maps 2.. Asset Sheets 3. Exhibit A Packet Page-647- 1/22/2013 Item 16.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3. Item Summary: Recommendation to approve final acceptance of the water utility facilities for The Quarry—Club House-Tract U (PL-20120000596), Golf Course and Amenities (PL-2011000013) and to release the Utilities Performance Security(UPS) in the total amount of $18,695.31 and the Final Obligation Bond in the total amount of$8,000 to the Project Engineer or the Developers Designated Agent. Meeting Date: 1/22/2013 Prepared By Name: HughesJodi Title: Technician,Engineering&Environmental Services 12/18/2012 7:29:32 AM �-. Approved By Name: BeardLaurie Title: Planner,Transportation Planning Date: 12/18/2012 7:45:38 AM Name: BradfordAlison Title: Project Manager,Transportation Planning Date: 12/21/2012 8:50:05 AM Name: Paul Mattausch Title: Director-Water,Water Date: 12/21/2012 9:49:57 AM Name: Pam Libby Title:Manager-Operations-Water/WW,Water Date: 12/21/2012 9:53:54 AM Name: KovenskyKenneth Title: Management/Budget Analyst, Senior,Operations &Regulatory Management Date: 12/21/2012 3:23:05 PM .-. Name: SunyakMark Packet Page-648- 1/22/2013 Item 16.A.3. Title:Project Manager,Principal,Public Utilities Engine Date: 12/27/2012 9:33:57 AM Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 12/27/2012 10:29:54 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/9/2013 7:29:42 AM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 1/9/2013 10:09:07 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 1/10/2013 4:04:54 PM Name: KlatzkowJeff Title: County Attorney Date: 1/11/2013 11:35:58 AM Name: OchsLeo Title: County Manager Date: 1/11/2013 3:01:20 PM Packet Page-649- 1/22/2013 Item 16.A.3. .11 .off o � ° a I 11 °e1 at) .a. /—, I 6 qa ^p« - < Id w �, i N 9 R11; I- I I 1. O ®°°`Q m i1 I m C) 4 o — 44 19 8 D 1 / © _ it a /I ppa� _ 11EE e ... GR.%1 I � f Y __ O COILER BOI..EVIIRD I �� d ,1 z 1 4 H I, td J it m d I r ' r— IA 1i E 2 i i a LEE COUNTY °o E D - cn b O m n €i £ Z s P3 d 0 r c ,--\ al R1. m■aa. v 1 cn - .74p f' O�° kVA%COCG�Ge 100.' d�0 0 o ...R� o4at i01 ��cc000°° oQaoo�aaocp�oodaOD,. 77, 00 �,�io iv c • 900 , s � w , . 4 i . 1 s I k' , • —, 4 171 ,��.. AA o . 1- QoC-110 d vaQ a _ 8 oom wR C U i C \ ! (- --- i Packet Page-650- I I 1/22/2013 Item 16.A.3. NSA Np. =a o o I iv �—— LOOAN BOULEVARD 1 i re 1 011 iii R to rn y F�j �yjl i, /I —1-; -< --� M E ^i 1 d=1 I R1EE.ARR l Cxn, 'Y GGG !�1 COLLIER BOULEVARD 4 I ! 2 - - NI € I 11 Z iF t 4 _ I5N " ` a sp 8 , m a D \i.,k ! 11 i I— eN O 0 LEE COUNTY m o� z —i • c - I '� x e to "^y' I a O r ROT TO SCAtF O /\ Pg C M 3 t A r L p / a iy cn V/ T D O m Ft D -TiE Plitrll!- z lop SD Y 30�*4,dNL. -1 voc i;1 N.411 %PP* tlfI4 r gI ARRY DRIVE Packet Page-651- • • 1/22/2013 Item 16.A.3. .--, CERTIFICATION OF CONTRIBUTORY ASSETS PROJECT NAME: THE QUARRY CLUB HOUSE - TRACT U -yc. LOCATION: SECTION 23,TOWNSHIP 48 SOUTH, RANGE 26 EAST - ?,/, . COLLIER COUNTY FLA - v4,. A:y NAME&ADDRESS OF OWNER: CENTEX HOMES 5801 PELICAN BAY BLVD, SUITE 600 NAPLES, FL 34108 TYPE OF UTILITY SYSTEM: POTABLE WATER(MATERIALS ONLY) I ITEM QUAN. UNIT COST TOTAL I 8"C-900 DRI8 30 LF $7.63 $228.90 PERM.BAC"T"SAMPLE PT. 1 EA $559.00 $559.00 8"GATE VALVE 1 EA $666.00 $666.00 3"DOMESTIC MTR/BFP ASSEMBLY 1 EA $9,629.00 $9,629.00 • TOTAL COST $11,082.90 I do hereby certify that the quantities of materials described above are a true and accurate representation of the system. CE- .YING: Brenda K. Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before mei this 15th day of November 2006 by Brenda K. Merchant who is personally known to me and who did not take an oath. .(1K7 I, kay i SEAL: Linda Mahon DD 177119 Linda Mahon ' °3` P�e ;Commission#DD117114 ,' a Expires:Feb 21,2007 `v ...• BondedThru'';%∎to° Atlantic Bonding Co.,Ina- \ti Packet Page-652- I 1/22/2013 Item 16.A.3. Certification Of Contributory Assets (Water)-County PROJECT NAME: THE QUARRY GOLF COURSE AND AMENITIES LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material Costs Only) `" ':r r` S ;�, r �y��� a3 � �'�r-=-� DR 14 PVC 8" 353 LF $14.85 $5,242.05 Single Water Service (irrigation only) 2 EA $1,140.00 $2,280.00 TOTAL COST $7,522.05 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: if NAME&TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr.Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: Brenda K. Nerchant/Secretary NAME&TITLE OF CONTRACTOR CERTIFYING OF: Haleakala Construction, Inc. 5758 Taylor Road Naples,FL 34108-1856 STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 10th day of January, 2011 by Brenda K. Merchant,who is personally known to me and who did not take an oath. "•1 Q/�i__ / _ NOTARY PUBLIC.STATE OF FLORIL SEAL: Linda Mahon Notary Public s u�: €Commission#DD628677 EB. 21,2011 BON=D TM AT T ICBOONDING MAC. Packet Page-653- 1/22/2013 Item 16.A.3. Exhibit A Utilities Performance Security Bonds (UPS) and Final Obligation Bond The Quarry Club House—Tract U Amount Receipt Number 10% UPS Bond $13,092.61 6470735 Final Obligation Bond $ 4,000.00 738470 Total Amount $17,092.61 The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004-31 Attachments: 1. Performance Bond 2. Receipt of Payment 3. Verification of Final Cost Packet Page-654- Form 2—Rev.2004(Lies Performance Bond) • 1/22/2013 Item 16.A.3. UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that CENTEX HOMES,A NEVADA GENERAL PARTNERSHIP 5801 PELICAN BAY BLVD.,SUITE 600 NAPLES,FLORIDA 34108 (hereinafter referred to as"Owner",and SAFECO INSURANCE COMPANY OF AMERICA P.O.BOX 34526 SEATTLE,WASHINGTON 98124-1526 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of THIRTEEN THOUSAND NINTY TWO & 61/100 Dollars ($13,092.61) 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 entered into a certain Utilities System Construction Contract,dated the 2 I _day of "-7 ,20 07 , a copy of which is hereto attached and made a part hereof;and WHEREAS the County has a material interest in the performance of said Contract;and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non-potable irrigation water and/or wastewater system(s)or portion(s)thereof constructed within the unincorporated area of Collier County, NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save hannless the County from all costs and damages which it may suffer by reason of 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. 41 Packet Page-655- PROVIDED,FURTHthat the said S 1/22/2013 Item 16.A.3. Surety, for value receiv y, sti}._......,.. ,.,..,. ,.b,,,,,,, that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent(20%),so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF,the parties hereto have caused this Instrument to be executed this I day of DECEMBER,2006. CENTEX HOMES,A NEVADA GENERAL PARTNERSHIP Witness: • BY: tk - BY: C --' sx vJ-S d5k-kf7Q Name: Name: Title: Title: NOTE:Collier County shall not accept any Letters of Credit that cannot be presented in Florida SAFECO INSU• CE COMPANY OF AMERICA Witness: BY: _ .z/ B Gt�t��iy //h444("--- ,s°'e: Laurel D. H ss N e: Barbara S . MacArthur itle: Attorney-in-Fact Title: Senior Bond Specialist Prepared by: Address: Marsh USA,Inc. 3475 Piedmont Road NE Suite 1200 Atlanta, GA 30305 01/2005 42 Packet Page-656- • S 1/22/2013 Item 16A.3, SAFECO INSURANCE COMPANY OF AMERICA S A F E C O POWE R GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 .— ■ No. 6724 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ****SANDRA S.CARTER;GARY D.EKLUND;JUDY S.FLEMING;VIRGINIA B.MCMANUS;BARBARA S.MACARTHUR;EDWARD L.MITCHELL;NANCY NIX. BARBARA A.THOMPSON;CYNTHIA I.RODOLPH;LAUREL D.HUSS;CHAUN M.WILSON;Atlanta,Georgia its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day Of August , 2004 /14:1 LR— C-i7e04\ CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto. are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation //n this day of LI ---771 1 en:474s CORPORAT E I 5 SEAL at -FOf wet'?WI 44 CHRISTINE MEAD,SECRETARY S-0974/SAEF 2101 ®A registered trademark of SAFECO Corporation 08/23/2004 PDF Packet Page-657- 1/22/2013 Item 16.A.3. , •Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date Post Date Payment Slip Nbr .738470 _ 1 2/8/2007 4:12:44 PM 2/9/2007 I AR 9942 Appl Name: CENTEX HOMES Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 5801 PELICAN BAY BLVD STE 600 NAPLES FL 341082734 Proj Name: THE QUARRY GOLF COURSE AND AMENITIES SDP Type: GC TAZ: 42 Subdiv Nbr: 3810 Project Nbr: 2004110035 Payor : CENTEX Fee Information [Fee Code I Description GL Account Amount Waived 1.12BOND I DEPOSITS-COMM DEV(CASH BOND' 67000000022011300000 $4000.00 Total $4000.00 Payments Payment Code Account/Check Number ! Amount CHECK 138063 $4000.00 Total Cash $0.00 Total Non-Cash $4000.00 , Total Paid $4000.00 Memo: Cashier/location: MCCAULEYKATY / 1 User: EATON_S Collier County Board of County Commissioners Printed:2/8/2007 4:13:06 PM CD-Plus for Windows 95/NT Packet Page-658- • • 1/22/2013 Item 16.A.3. VERIFICATION OF FINAL COST PROJECT NAME: THE QUARRY CLUB HOUSE- TRACT U } ° 4 y LOCATION: SECTION 23,TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY FLA NAME&ADDRESS OF OWNER: CENTEX HOMES 5801 PELICAN BAY BLVD, SUITE 600 NAPLES, FL 34108 TYPE OF UTILITY SYSTEM: POTABLE WATER ITEM QUAN. UNIT COST TOTAL 8"C-900 DR I8 530 LF $30.74 $16,292.20 FIRE HYDRANT 3 EA $3,392.00 $10,176.00 PERM.BAC"T"SAMPLE PT. 1 EA $1,260.00 $1,260.00 8"GATE VALVE 1 EA $1,272.00 $1,272.00 6"C-900 DRI4 180 LF $25.64 $4,615.20 6"NV 1 EA $2,356.45 $2,356.45 6"CHECK VALVE 1 EA $1,254.31 $1,254.31 TEMP BAC"T"SAMPLE PT. 4 EA $985.37 $3,941.48 6"BLDG.RISER I EA $798.68 $798.68 3"SDR-21 CL200 340 LF $18.65 $6,341.00 3"DOMESTIC MTR/BFP ASSSEMBLY 1 EA $17,592.25 $17,592.25 8"RPDA FIRE BACKFLOW 1 EA $13,462.00 $13,462.00 (TOTAL COST $79,361.57 I do hereby certify that the quantities of material and services described above are true and accurate representation of the as-installed cost of the system. CERTIFYING: Brenda K. Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me! this 20th day of December 2006 by Brenda K. Merchant who is personally known to me and who did not take an oath. X11.4‘140titt, '1 9n' SEAL: Mahon �� LU d M lOD DD 177119 ':Commission#DD177119 *'n; Expires:Feb 21,2007 aIcz Bonded Thru ^. Atlantic Bonding Co.,Inc. Packet Page-659- • 1/22/2013 Item 16.A.3. VERIFICATION OF FINAL COST PROJECT NAME: THE QUARRY CLUB HOUSE -TRACT U LOCATION: SECTION 23,TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY FLA ;J is NAME &ADDRESS OF OWNER: CENTEX HOMES 5801 PELICAN BAY BLVD, SUITE 600 NAPLES, FL 34108 TYPE OF UTILITY SYSTEM: SANITARY SEWER ITEM QUAN. UNIT COST TOTAL 8"PVC SEWER 539 LF $62.70 $33,795.30 MANHOLE 2 EA $7,321.30 $14,642.60 6"PVC LATERAL 61 LF $28.65 $1,747.65 6"CLEAN OUT 3 EA $459.65 $1,378.95 TOTAL COST $51,564.50 I do hereby certify that the quantities of material and services described above are true and accurate representation of the as-installed cost of the system. CERTIFYING: Brenda K. Merchant Authorized Agent OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, Florida 34109-1829 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 15th day of November 2006 by Brenda K. Merchant who is personally known to me and who did not take an oath. SEAL: Linda Mahon DD 177119 J4"PCB'. Linda Mahon ' •Oc= Commission#DD177119 =Expires:Feb 21,2007 111L 6 Bonded Thru t n t```' Atlantic Bonding Co.,Inc. Packet Page-660- 1/22/2013 Item 16.A.3. Exhibit A Utilities Performance Security Bonds (UPS) and Final Obligation Bond The Quarry Golf Course and Amenities Amount Receipt Number 10% UPS Bond $1,602.70 5039318 Final Obligation Bond $4,000.00 2011030135 Total Amount $5,602.70 The 10%UPS Bond, if applicable, is based on the total amount of the water and/or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004-31 Attachments: 1. Utility Performance Bond (UPS) 2. Receipt of Payment 3. Verification of Final Cost Packet Page-661- -- 1/22/2013 Item 16.A.3. BOND NO. 5039318 COLLIER COUNTY LAND DEVELOPMENT PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation,9240 Estero Park Commons Blvd., Estero,FL 33928(hereinafter referred to as"Owner")and Bond Safeguard Insurance Company.900 S.Frontage Road, #250,Woodridge.IL 60517 hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida,2800 N.Horseshoe Drive,Naples,FL 33942(hereinafter referred to as"County")in the total aggregate sum of one thousand six hundred two and 70/100($1.602.70)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 Quarry Beach Club - Water. 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed thisl8th day of February,2011. Pul Home Corporation el.... Bruce E.Robinson,Assistant Secretary Bond Safeguard Insurance Com a Surety Dawn L.Morgan,AttorneyFact FL License#P011322 LDCA:6 Packet Page-662- • • • 1/22/2013 Item 16.A.3. . POWER OF ATTORNEY AO Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I.Moore,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust, Kelly A.Gardner,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman,Heather A.Beck,Tariese M.Pisciotto its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$1,000,000.00,One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so.executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November,2001. ea/*ti°"'at" BOND SAFEGUARD INSURANCE COMPANY c/ ILLINOIS \; \\`■CCIMPANY:fri BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K.AYE c ClAf Notary Public,State of Illinois aureen K.Aye My Commission Expires 09/21/13 tary Public CERTIFICATE I,the undersigned,Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 18th Day of February , 20 11 l I I, COMPANY Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information.or conceals for the purpose of misleading,information concerning any fact material thereto,commits a fraudulent insurance act,whit Packet Page-663-Is such person to criminal and civil penalties." Bs7 • • 1/22/2013 Item 16.A.3. State of Illinois} } ss.i County of Dupage } On 2/18/2011, before me, Tariese M. Pisciotto, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn,personally appeared Dawn L. Morgan known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My l ommission Expires J : 26 2014 OFFICIAL. ""BE BCIOTTO NOTARY PUBLIC,STATE OF iLLINOtS LtiO PLI1 MY COMMISSION EXPIRES 612612014 T-, ese M. Pisciotto,Notary Public Commission No. 560807 Packet Page-664- • • 1/22/2013 Item 16.A.3. • ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 18th day of February, 2011, before me, the undersigned authorized employee, personally appeared Bruce E. Robinson who acknowledges himself to be Assistant Secretary for Pulte Home Corporation, and as such employee, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such officer. WITNESS my hand and official seal. H1 CF N� Shirley . Hutchin , Notary Public Pus b lic Wayne County, Michigan ';ssJuUNTY ONT!S BLoE ICOXf F P.WG EAA S Ma Mi �YNO i7 Acting in Oakland County, Michigan My Commission Expires: March 30, 2017 Packet Page-665- 1/22/2013 Item 16.A.3. Community Development & Environmental Services 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2011030135 Transaction Number: 2011-000295 Date Paid: 01/12/2011 Amount Due: $4,000.00 Payment Details: Payment Method Amount Paid Check Number Check $4,000.00 0090144504 Amount Paid: $4,000.00 Change / Overage: $0.00 Contact: Pulte Group, Address:100 Bloomfield Hills Pkwy Suite 300 FEE DETAILS: Fee.Descriotion Reference Number Oriainal Fee Amount Paid GL.Account Refundable Bonds PL20110000013 $4,000.00 $4,000.00 670-000000-220113 Cashier Name: EvelynTrimino Batch Number: 1857 Packet Page-666- • • 1/22/2013 Item 16.A.3. Verification of Final Cost(Water) PROJECT NAME: THE QUARRY GOLF COURSE AND AMENITIES LOCATION: Section 14&23 Township 48S Range 26E Collier County, Florida NAME&ADDRESS OF OWNER: Pulte Homes 9240 Estero Park Commons Blvd. Estero, FL 33928 TYPE OF UTILITY SYSTEM: Water (Material and Labor Costs) °' "' �;`; .�. a _ t,. DR 14 PVC 8" 353 LF $33.74 $11,910.22 Single Water Service (irrigation only) 2 EA $2,058.40 $4,116.80 TOTAL COST $16,027.02 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed system. CERTIFYING: � //10( NAME &TITLE OF ENGINEER CERTIFYING OF: WALDROP ENGINEERING 28100 Bonita Grande Dr. Suite#305 Bonita Springs FL 34135 I do hereby certify that the quantities of material described above are true and an accurate representation of the as-installed cost of the system. CERTIFYING: Brenda K. Merchant/Secretary NAME &TITLE OF CONTRACTOR CERTIFYING OF: Haleakala Construction, Inc. 5758 Taylor Road Naples, FL 34108-1856 STATE OF FLORIDA ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 11th day of January,2011 Packet Page-667- 1/22/2013 Item 16.A.3. Brenda K.Merchant,who is personally known to me and who did not take an oath. .i/Y1 1 SEAL: Notary Public NOTARY PUBLIC•STATE OF FLORIDA Linda Mahon Commission#DD628677 •....,.,..�'Expires: FEB. 21,2011 BONDEDTHRU ATLANTIC BONDING CO.,INC. • Packet Page-668-