Backup Documents 09/11-12/2012 Item #16A18ORIGINAL DOCUMENTS CHECKLLST 16� q 1 g
TO ACCOMPANY ALL ORIGINAL DO � ROUTING LIP
THE BOARD OF COUNTY CO DOCUMENTS SENT TO
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16A18
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS �CON TRUC ION AND AINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
i 1ayof 1
hereinafter i �� between PUIT15 QATf
Wafter 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: QUARRY PHASE 4 REPLAT, LOTS 42 THROUGH 75
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:
within eighteen (18) months from the date of approval
hereinafter referred to as the required improvement of said subdivision plat, said 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 210.986.14
total contract cost to complete the construction Plus 100% of the estimated oust to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until such a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier County
Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the 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.
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16A10
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or his designee to reduce the dollar amount of the
subdivision performance security on the basis of work complete. Each request for a reduction in the
dollar amount of the subdivision performance security shall be accompanied by a statement of substantial
completion by the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the request for a
reduction in the amount of the subdivision performance security for the improvements completed as of
the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or his designee may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements
required herein. The Developer, as principal under the subdivision performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board
thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages,
either direct or consequential, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer
and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the -Board and the Developer have caused this Agreement to be executed by their duly
authorized representatives this �� day of 9 o ( 3
I
16A18
PERFORMANCE BOND
BOND NO. CKS268539
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation
(Name of Owner)
24311 Walden Center Drive, Suite 300 (Address of Owner)
Bonita Springs FL 34134
(Address of Owner)
(Hereinafter referred to as "Owner ") and
RLI Insurance Company (Name of Surety)
PO Box 3967 (Address of Surety)
Peoria IL 61612 (Address of Surety)
800 - 645 -2402 (Telephone Number)
(hereinafter referred to as "Surety ") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County ") in the total aggregate sum of two hundred ten thousand nine hundred eighty six &14/100
($ 210,986.14 — Dollars
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 QUARRY PHASE 4 REPLAT, LOTS 42 THROUGH 75 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 de'etion 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
16A1"
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 5th day of December / 2012
WITNESSES: (Owner Name and Title if Corporation)
Pulte Home Corporation
By:
Printed Name Printed Name /Title
Bruce E. Robinson, VP & TreasureY
(Provide Proper Evidence of Authority)
Printed Name -----
�._.- Robert Porter, Asst. Secreta
ACKNOWLEDGEMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY
5th / DecemHer OF
OF ACKNOWLEDGER) ASVP & Treasurer l2 T ) �� "ce F Rnhin (NAME
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED H�kn ('
kn °wn nrnnr�ta (NAME OF
AS IDENTIFICATION. na y
Notary Public - State of MICHIGAN
(SEAL) SHIFUYE HUTCHINS
NOTARY PUBM, STATE OF m,
COUNTY OF WAYNE
MY COMMISSION EXPIRES Mar 30, 2017
Pri ed Name Sh rley E. Hutchins ACTWOIN COUNTY OF
RLI INSURANCE COMPANy
Surety
BY: �K
Jessica Hollaender
TITLE: Attorney -in -Fact
Approved as to form & legal sufftclency
T �F7 ,
16A18
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
COUNTY OF OAKLAND) )SS.
On this 5th day of December, 2012, before me, the undersigned authorized
employee, personally appeared Robert Porter who acknowledges himself to be
Assistant Secretary of Plllte 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.
Sh rley E. Hut ins, Notary Public
Wayne County, Michigan
Acting in Oakland County, Michigan
My Commission Expires: March 30, 2017
SHIRLEY E. HUTCHINS
'VOTARY PUBLIC, STATE OF MI
COUNTY OF WAYNE
MY COMMISSION EXPIRES Mar 3o, 2017
ACTING IN COUNTY OF ?l
RLI RU S�ety
P.O. Box 3%7 1 Peoria, IL 61612 -3%7
Phone: (800)645 -2402 1 Fax: (309)689-2036
www.rlicorp.com
Know AM Men by These Presents:
16A18
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached
approving officer if desired.
by the
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint:
Vireinia t=r;c co rin Bro ra
in the City 'ant
Power and authority hereby conferred, to sign, execute, of Ari7nn�
--�,_ its true and lawful Agent and Attorney in Fact, with full
bond. !, execute, acknowledge and deliver for and on its behalf as Surety, the following described
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (S25,0W,00o.00)•
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bon d had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of
of RLI Insurance Company, and now in force to -wit:
Dtrectors
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate n
the Company by the President, Secretary,
of Directors may authorize. The prient, Assistant Vnce President, t Secretary, Treasurer, or any Vice President, or by such other office�rsoas the Board
Attorneys in Fact or Agents who shall have authority to issue bonds, policie r undertakings in game of the Comp, an Th
Lary, or the Treasurer may appoint
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. signature of any such officer and the co p Y e corporate
corporate sea! may be printed by facsimile." rp n. The
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its
corporate seal affixed this �_ day of _ Oc t�_,
Vice President with its
;0�iii•!!�f�o., RLI Insurance Company
00rt°O14s��Z
S E A L. By: x
_ S Roy C. Di
State of Illinois i'' Vice President
County c Peoria } SS
On this _Qjj� �y of October
personally appeared - -emu—.• before me, a Notary Public,
acknowledged that he signed the above Powehroobeing rney as thel aforesaid'
officer of the RLI Insurance Company and acknowledged said instrument to
be the voluntary act and deed of said corporation.
By:
Jacque . e M. Bockler
Notary Public
"OFFICIAL SEAL"
"'K10 JACQUELINE M. SOCKLER
swrwr
uws M EXARES oytYnl
025077102o212
CERTIFICATE
I, the undersigned officer of RLI Insurrnce Company,, a stock
corporation of the State of Illinois, do hereby certify that the attached
Power of Attorney is in full force and of %ct and is irrcv,3cable; and
furthermore, that the Resolution of the Company as ;ct forth in the
Power of Attorney, is now in force. In !esrmony whereof, I have
here on(� m h d an
this 7t y seal °f1!► RLI Iusuraaee Company
yof- �1
RLI Insurance Company
By:
Roy C. Di
Vice President
A0058707
5.0 ENGINEER'S OPINION OF PROBABLE COST
5.1
16A18
50
4102 j 074.94
/0219.2$
130,600,00
16A1$
Earthwork —# 99:6 - 11107 )071.9(o
.andscape
itreetLighung 36,21928 f L�21q•2$
a $30,800.00 43() 1900,00
Mainage 1.
Olaf Paving, Earthvork, Landscape, Lighting i =
4 (3qTI .24
Plan 0 eview- 41S70 ofPavinq, GradJng: Landsca e L �
P , igNdnq d Drainage
Costs)
Construcfbn Observation fee ( ?. ?S'Y. Wavinn nrsm.., 1._ ,____ _ $9,240.7J $4,62a3s
i
.6 2—
Bz9W ounlain. E.
FL Lie X10.6fiT#TE OF
ZO
Iltl
TOTAL
s $3,Cd0. ?/ iJ,Od0.21
97 t7,700.tif
�>�����ZH ANN Fo iii
51
5.2 Potable Water, Wastewater and Irrigation System Calculations
1 Potable Water Distribution
2 WastewaterCotlecdon _ _A
3 Irrigation System =620 00
Costa s & 'jn• 'j•fn nn
Util(ty Construction
Plan Revlew Fee (75% of Utility Costs)
Construction Observation fee (2.23% Of Ut lity Costs) (ONLY
50% DUEAT SUBMITTAL)
TOTAL FEES
16A18
[ED
Due
s 1 $2,311.63 1 $2,311.65
$6,93$.95 $3,467.48
60 5�719.i3
N0 .ASH ANN,
N��'•'�,i
. %,A
A.
No. 6M77 w
j t1' OR10P.•'
s ONAL ENG ���N
1111111
52