Loading...
Backup Documents 04/24/2018 Item #16A 9 ORIGINAL I)OCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 9 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 he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 141 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#I 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 s7,,/,40 JJ/���,L000 4. BCC Office Board of County WSb Commissioners yAVS/ 5kbVN 5. Minutes and Records Clerk of Court's Office , t/it 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 4/24/18 �_ Agenda Item Number 16A9 Approved by the BCC Type of Document Plat, Supplemental Declaration to the Number of Original 2 Attached Declaration of Covenants,Conditions, Documents Attached Restrictions and Easements 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? 5;;s 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. 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 4/24/18 and all changes made during the meeting have been incorporated in the attached document. The County '3 Attorne 's Office has reviewed the chan_es, if a, ,licable. k kif . 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 th . „ = 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;'evised 11/30/12 MEMORANDUM 16 A9 Date: May 17, 2018 To: Jodi Hughes, Project Manager Development Review From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Plat/Supplemental Declaration to the Declaration of Covenants, Conditions, Restrictions and Easements Esplanade @Hacienda Lakes Phase 3 Attached is a copy of the aforementioned document as referenced above, (Item #16A9) approved by Board of County Commissioners on Tuesday, April 24, 2018. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 16 A9 Return to:(enclose self-addressed stamped envelope) Angela Tompkins,Paralegal Greenspoon Marder LLP 5150 North Tamiami Trail Suite 502,Newgate Tower Naples,FL 34103 This Instrument Prepared by: Mark F.Grant,Esq. Greenspoon Marder LLP 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 02 7 day of ,2018,by TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation(" eclarant"). 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 WHEREAS,the Association is joining in this Supplemental Declaration to acknowledge its maintenance responsibilities described herein. 1 33945556v1 16 A9 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. Maintenance of the Lots and Homes. Each Owner of a Lot situated upon the Additional Property shall maintain his or her Lot and Homes in accordance with Article IX,Section 3 of the Declaration. If the Owner fails to perform his or her maintenance responsibilities in a manner consistent with the Declaration,then the Board shall have the power to assess costs against the Owner of a Lot as a Special Assessment pursuant to the provisions of Article VII, Section 3,of the Declaration. In addition, Lot Owners shall not: (i) make any alterations in any improvement or landscaping within the Lots, Common Areas or any property which is to be maintained by the Association; or (ii) remove any portion thereof or make any additions thereto; or(iii) do anything which would or might jeopardize or impair the safety or soundness of such property or Common Areas or which, in the sole opinion of the Architectural Control Committee (as defined in the Declaration) would detrimentally affect the architectural design of a building within Esplanade at Hacienda Lakes without first obtaining the written consent of the Architectural Control Committee. 6. Designation and Maintenance of Association Property. Tract"R",Tracts"05,""06," "07,""08,""09,""PUEI,""PUE2,"and"PUE3"(Open Space), all Access Easements(A.E.), an Irrigation Easement(I.E.#1),and all Landscape Buffer Easements(L.B.E.)as shown on the Plat of Esplanade at Hacienda Lakes Phase 3 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 2 33945556v1 16 A9 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. 7. 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. 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 corporation - - By: �--L •ture Printed Name: Andrew "Drew" Miller _L I_ .4.,.. „0,1 Its: A„thnrizPd Agent ature i (CORPORATE SEAL) r7t C-4, t4k. :As> Printed Nae 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 Andrew "Drew" Miller as Authorized Agent of 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 a> > day of AA„,-, , 2018. / / My Commission Expires: / _ cit-lek,(5: CountPubliye / K , &_8-- are PL,, Notary public State of Florida Deborah K Beckett Typed, printed or stamped name of Notary Public cr . ir My Commission FF 24604G m•a Expires 08!1412019 3 33945556v1 16 A9 EXHIBIT "A" Legal Description of Additional Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ESPLANADE AT HACIENDA LAKES PHASE 3, RECORDED IN PLAT BOOK , PAGES THROUGH ,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC THEREON. 5 33945556v1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to he 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 S I 4. BCC Office Board of County Commissioners W/g/ Sak16`11 5. Minutes and Records Clerk of Court's Office 57-t g 3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the even 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 4/24/18 Agenda Item Number 16A9 Approved by the BCC 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? 4"-JH' AS 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. 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 4/24/18 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 the Chairman's signature. D® I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 1,1//30/12 16 A9 MEMORANDUM Date: May 17, 2018 To: Jodi Hughes, Project Manager Development Review From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Performance Bond and Mainteanance Agreement - Esplanade @Hacienda Lakes Phase 3 Attached is a copy of the aforementioned document as referenced above, (Item #16A9) approved by Board of County Commissioners on Tuesday, April 24, 2018. If you need anything further, please feel free to contact me at 252-8411. Thank you. Attachment 1649 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this /lv 44' day of t. 1 / / , 20 if between TWo Mgnpn0lFlonnala hereinafter referred to as i-' 'per," 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 3 B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed:roadway,drainage,water and sewer improvements within twelve(12) months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$1.293,715.44 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 16A9 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of / / , 20 SIGNED IN THE PRESENCE OF: (Name of Entity)Taylor Morrison of Florida, Inc. DOL42- -i-014 By: Printed Name Andrew Miller, Authorized Agent- Land Development Printed Name/Title bb l e E (President,VP, or CEO) (Provide Proper Evidence of Authority) Pri ed Nam 5tc_atci ATTEST: • DWIGHT E. BROCK,CLERK ` BOARD •' CO COMM • lam'S OF CO ER •% 16 /19 PERFORMANCE BOND BOND NO. SU1149719 KNOW ALL PERSONS BY THESE PRESENTS:that Taylor Morrison of Florida, Inc. (Name of Owner) 551 N. Cattlemen Rd. Suite 200 (Address of Owner) Sarasota, FL 34232 (Address of Owner) (Hereinafter referred to as"Owner")and Arch Insurance Company (Name of Surety) Harborside 3,210 Hudson Street Suite 300 (Address of Surety) Jersey City. NJ 07311 - 1107 (Address of Surety) (201) 743-4000 (Telephone Number) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter One million twc hundred ninety-three thousand, referred to as "County") in the total aggregate sum of seven hundred fitteendollars and forty-four cents Dollars ($1,293.715.44 ) 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 Esplanade at Hacienda Lakes Phase 3 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 16 A9 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 ( day of AI c ;.i / ..')c i S / . WITNESSES: (Owner Name and Title if Corporation) By: _-r . __ _ P nted Name Printed Name/Title Andrew Miller,Authorized Agent-Land Development L ti .v� IU.N . :i) (Provide Proper Evidence of Authority) P~V.V L i Apt,J; ACKNOWLEDGEMENT STATE OF COUNTY OF ,Set rQ ,J -1--- TI-1 TH FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF /4., 14 I (.0 / , 20 1 r , by Andrew Miller (NAME OF CKNO LEDGER) AS "°'ho^eed4ge^' LandDeve1opTen' (TITLE) OF Taylor Morrison of Florida, Inc. (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of (SEAL) � �-�( ' ;/� ��' rovaY PLir'n Notary Public State o'Florida Ql *� . Deborah K Beckett Printed Name �3 �+� My Commisslon FF24804 %oP w___r� Expires 0811412019 16 A9 Bond No. SU1149219 (Surety Name and Title if Corporation) WITNESSES: Arch Insurance Company 4 E , By: shua Sanford,Attorney-In-Fact inted Name/Title: L Licensed Non-Resident Aaent.License No.W329008 Printed Name: Samuel E Begun (Provide Proper Evidence of Authority) By: Printed Name: Noah Pierce c/o Willis of Florida; Inc. ACKNOWLEDGMENT 4211 W.Boy Scout Blvd.,Ste. 1000 Tampa. FL 33607 Inquiries:(813)281-2095 STATE OF Cnnnerticut COUNTY OF Hattfnrd THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY OF April , 2018, BY Joshua Sanford , AS Attorney-in-Fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED Personally Known AS IDENTIFICATION. Notary Public-State of Florida (SEAL) Printed Name— Saykham asone SAYKHAM CHANTHASONE NOTARY PUBLIC-CT 165366 MY COMMISSION EXPIRES OCT.31,2018 i 6 A 9 AIC 0000198199 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: Adam Martin,Aimee R. Perondine, Aiza Lopez, Ashley Sinclair, Brian Peters, Danielle D. Johnson, Donna M. Planeta, Jennifer M. Garten, Joshua Sanford, Keri Ann Smith, Michelle Anne McMahon, Nicole Ann Clark, Stacy Rivera and Stephani A. Trudeau of Hartford, CT(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. 1 6 A 9 • AIC 0000198199 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 7`h day of October,2016. Attested and Certified Arch Insurance Company 0,111043 p s -k / wRwtT rvE 4 ip, lir/ i* ettit/e1 1a SEAL1. 'MI TA `AA ova i Patrick K. Nails,Secretary David M. in e stein, Executive Vice President les STATE OF PENNSYLVANIA SS >fG#al COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. commpNwEugll 9ri PIENN51'L V AVIA NOTARIAL SEAL HELEN SZAFRAN,Notay Pdolic Coy a(Philadelphia,Pica My Commission Expires October 3,2017 ie elen Szafran, tary Publi My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 7, 2016 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this ; r day of _ ,20 (r{ . /' (:(# ./ Cr..,Xel Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 ra Philadelphia, PA 19102 44):7------\41\11'-.0 wrcrc g.o 4 SEAL 1971 Nissogri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 1649 ESPLANADE AT HACIENDA LAKES (PHASE 3) COLLIER COUNTY OPINION OF PROBABLE COST - REV00 Waldrop Engineering File No. : 266-18 SUMMARY Earthwork $14,596.94 Paving $360,841.50 Drainage $230,583.00 Landscaping $44,325.00 Electrical $62,500.00 Sub-Total $712,846.44 Wastewater $269,896.50 Potable Water $193,362.00 Sub-Total $463,258.50 Sub-Total $1,176,104.94 10%O&M $117,610.49 Total! $1,293,715.44 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 change due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. ////,/ / 6642 ' 3elny H no ,P.E. ,`..c dT OP f' O op r'l;i r ;1 .+-, Florida/144 m i(**2`1 16 A9 EARTHWORK tion Estimated Description Unit Unit Price Amount Quantity E-1 Sod (1' Behind Curb) 739 SY $2.75 $2,031.94 E-2 2'Silt Fence(Single Row) 6,390 LF $1.75 $11,182.50 E-3 2'Silt Fence(Double Row) 395 LF $3.50 $1,382.50 TOTAL= $14,596.94 16 A9 PAVING Description Estimated Unit Unit Price Amount Quantity On-Site P-1 3/4"Asphaltic Concrete(Type S-III) First Lift 7,885 SY $5.50 $43,367.50 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 7,885 SY $5.50 $43,367.50 P-3 6" Limerock Base(Compacted and Primed) 7,885 SY $7.15 $56,377.75 P-4 12" Stabilized Subgrade(Onsite Material) 10,120 SY $2.25 $22,770.00 P-5 Type"F" Curb&Gutter 1,205 LF $11.75 $14,158.75 P-6 Valley Gutter 5,445 LF $11.00 $59,895.00 P-7 4" Concrete Sidewalk 3,695 SY $29.00 $107,155.00 P-8 Signing and Marking 1 LS $10,000.00 $10,000.00 P-9 ADA Detectable Warnings 10 EA $375.00 $3,750.00 TOTAL= $360,841.50 16 A9 DRAINAGE Description Estimated Unit Unit Price Amount Quantity D-1 12" HDPE 1,429 LF $18.00 $25,722.00 D-2 15" RCP 290 LF $30.00 $8,700.00 D-3 18" RCP 332 LF $34.00 $11,288.00 D-4 24" RCP 888 LF $40.00 $35,520.00 D-5 30" RCP 893 LF $46.00 $41,078.00 D-6 24" Flared End 1 EA $2,500.00 $2,500.00 D-7 30" Flared End 5 EA $3,000.00 $15,000.00 D-8 Type 9 Inlet 3 EA $2,725.00 $8,175.00 D-9 Valley Gutter Inlet 11 EA $3,400.00 $37,400.00 D-10 Type"C" Grate Inlet 7 EA $2,500.00 $17,500.00 D-11 Yard Drain 12 EA $1,000.00 $12,000.00 D-12 Junction Box 4 EA $2,800.00 $11,200.00 D-13 Connect to Existing Structure 2 EA $1,250.00 $2,500.00 D-14 Remove Existing Yard Drain 2 EA $650.00 $1,300.00 D-15 Cap and Abandon Exisiting Drainage 2 EA $350.00 $700.00 TOTAL= $230,583.00 16 A9 LANDSCAPING Description Estimated P Unit Unit Price Amount Quantity LA-1 Code Minimum Landscaping 1 LS $44,325.00 $44,325.00 TOTAL= $44,325.00 16 A9 ELECTRICAL tion Estimated Description Unit Unit Price Amount Quantity E-1 Street Lighting 20 EA $3,125.00 $62,500.00 SUBTOTAL= $62,500.00 16 A9 WASTEWATER tion Estimated Description Unit Unit Price Amount Quantity WW-1 Connect to Existing Sanitary Sewer 1 EA $2,400.00 $2,400.00 WW-2 8" PVC Sanitary Sewer SDR-26(0-6') 340 LF $28.75 $9,775.00 WW-3 8" PVC Sanitary Sewer SDR-26(6-8') 653 LF $35.00 $22,855.00 WW-4 8" PVC Sanitary Sewer SDR-26(8-10') 395 LF $44.00 $17,380.00 WW-5 8" PVC Sanitary Sewer SDR-26(10-12') 376 LF $60.00 $22,560.00 WW-6 8" PVC Sanitary Sewer SDR-26(12-14') 617 LF $74.00 $45,658.00 WW-7 8" PVC Sanitary Sewer SDR-26(14-16') 340 LF $82.00 $27,880.00 WW-8 8" PVC Sanitary Sewer SDR-26(16-18') 89 LF $94.00 $8,366.00 WW-9 Manhole 4' Diameter with Coating(0-6') 2 EA $4,500.00 $9,000.00 WW-10 Manhole 4' Diameter with Coating(6-8') 2 EA $5,500.00 $11,000.00 WW-11 Manhole 4' Diameter with Coating(8-10') 1 EA $6,750.00 $6,750.00 WW-12 Manhole 6' Diameter with Coating(10-12') 1 EA $7,500.00 $7,500.00 WW-13 Manhole 6' Diameter with Coating(12-14') 3 EA $8,500.00 $25,500.00 WW-14 Manhole 6' Diameter with Coating(14-16') 2 EA $9,250.00 $18,500.00 WW-15 6" Double PVC Sewer Service w/Cleanout 36 EA $775.00 $27,900.00 WW-16 6"Single PVC Sewer Service w/Clearnout 1 EA $550.00 $550.00 WW-17 Television Inspection 2,810 LF $2.25 $6,322.50 SUBTOTAL= $269,896.50 16 A9 POTABLE WATER Estimated Description Unit Unit Price Quantity PW-1 Connect to Existing Water Main(Including Temp Sample Points) 3 EA $1,750.00 PW-2 1"Single Water Service,Complete 22 EA $625.00 PW-3 1.5" Double Water Service,Complete 29 EA $825.00 PW-4 6" PVC Water Main (C900, DR 18) 1725 LF $17.00 PW-5 6" PVC Water Main (C900, DR 14) 120 LF $19.45 PW-6 8" PVC Water Main (C900, DR 18) 360 LF $23.00 PW-7 8" PVC Water Main(C900, DR 14) 40 LF $26.60 PW-8 10" PVC Water Main (C900, DR 18) 1231 LF $29.00 PW-9 10" PVC Water Main (C900, DR 14) 40 LF $32.75 PW-10 6" Gate Valve 7 EA $1,150.00 PW-11 8"Gate Valve 7 EA $1,350.00 PW-12 10"Gate Valve 1 EA $1,500.00 PW-13 Temporary Blow-off/Automatic Flushing Device 4 EA $4,000.00 PW-14 Temporary Bacterial Sample Point 2 EA $1,125.00 PW-15 Permanent Bacterial Sample Point 1 EA $1,575.00 PW-16 Fire Hydrant, Complete 8 EA $4,200.00 SUBTOTAL= 16 A9 Amount $5,250.00 $13,750.00 $23,925.00 $29,325.00 $2,334.00 $8,280.00 $1,064.00 $35,699.00 $1,310.00 $8,050.00 $9,450.00 $1,500.00 $16,000.00 $2,250.00 $1,575.00 $33,600.00 $193,362.00 16A9 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= 19.00 $ 1,095.00 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= 79 $ 2,175.00 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= $ 463,258.50 Utilities document review—0.75%of probable water/sewer construction costs 0.75%x Cost Estimate= $ 3,474.44 $ 3,474.44 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= $ 10,423.32 $ - Paving,Grading,Landscape,Lighting,&Drainage Review&Inspection Fees: Cost Estimate= $ 712,846.44 Construction document review—0.75%of probable roadway, paving&drainage construction costs 0.75%x Cost Estimate= $ 5,346.35 $ 5,346.35 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= $ 16,039.05 $ - Credit for fee paid at pre-application meeting, if submitted within 9 months of pre-app. N/A SUB-TOTAL: $ 13,190.79 PRE-APP CREDIT: $ TOTAL: $ 13,190.79 1649 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 10, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat,Application Number PL20170004281. J NO DISCLOSURE FOR THIS ITEM ❑ SEE FILE [ Meetings ❑Correspondence Ee-mails ❑Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3,(Application Number PL20170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. ® NO DISCLOSURE FOR THIS ITEM n SEE FILE ['Meetings ❑Correspondence De-mails ECalls 1 6A 9 Ex parte Items - Commissioner Andy Solis 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 10, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of"alis Park Golf Course Plat,Application Number PL20170004281. NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (Correspondence a-mails 1 ICalls 1 6.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3,(Application Number PL20170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence He-mails I Calls 1 6A9 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat,Application Number P120170004281. 171 NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings Correspondence De-mails [Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3,(Application Number PL20170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. ® NO DISCLOSURE FOR THIS ITEM n SEE FILE Meetings ['Correspondence De-mails ❑Calls SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural(A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property located on the west side of Collier Boulevard,approximately two thirds of a mile south of Immokalee Road, in Section 27,Township 48 South, Range 26 East, consisting of 38.1±acres. [PL 20150000306] NO DISCLOSURE FOR THIS ITEM SEE FILE flMeetings ❑Correspondence se-mails [Calls Email from Michael Fernandez Ex parte Items - Commissioner Penny Taylor 1 6 * 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat, Application Number PL20170004281. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings [Correspondence I )e-mails [Calls 16.A.9. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3, (Application Number PL20170004477) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. [ NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (Correspondence e-mails [Calls SUMMARY AGENDA 17.A. This item requires ex parte disclosure be provided by the Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD)zoning district for the project to be known as the Rushton Pointe RPUD, to allow construction of a maximum of 229 residential dwelling units on property located on the west side of Collier Boulevard, approximately two thirds of a mile south of Immokalee Road, in Section 27, Township 48 South, Range 26 East, consisting of 38.1± acres. [PL 20150000306 NO DISCLOSURE FOR THIS ITEM n SEE FILE [Meetings ®Correspondence ( �e-mails nCalls 16A9 , Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 24, 2018 CONSENT AGENDA 16.A.6. This item requires that ex parte discios, be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Talis Park Golf Course Plat,Application Number P120170004281. X NO DISCLOSURE FOR THIS ITEM SEE FILE I jMeetings PiCorrespondence I le-mails (Calls 16.A.9. This item requires that ex parte disciost. be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 3, (Application Number P120170004477)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. >Q NO DISCLOSURE FOR THIS ITEM �11 SEE FILE 1—Meetings [Correspondence I je-mails Calls SUMMARY AGENDA 17.A. tern rec x parte di, be provided by the Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41,as amended,the Collier County Land Development Code,which established the comprehensive zoning regulations for the unincorporated area of Collier County,Florida,by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural(A)zoning district to a Residential Planned Unit Development(RPUD)zoning district for the project to be known as the Rushton Pointe RPUD,to allow construction of a maximum of 229 residential dwelling units on property located on the west side of Collier Boulevard,approximately two thirds of a mile south of Immokalee Road, in Section 27,Township 48 South,Range 26 East, consisting of 38.1±acres. [PL 20150000306] N NO DISCLOSURE FOR THIS ITEM SEE FILE UMeetings Correspondence He-mails LiCalls