Backup Documents 09/28/2010 Item #16A 216A 7
COLLIER COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this 315` day of August, 2010 between Divosta Homes, L.P., hereinafter
referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the 'Board ".
RECITALS:
A. The Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by
the Board of a certain plat of a subdivision to be known as VeronaWalk Phase 4C.
B. Chapter 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 the mutual covenants
hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary
sewer system, irrigation and street lighting improvements within eighteen (18) 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 $3,826,246.98 which represents
10% of the total contract cost to complete construction plus 100% of the probable cost to
complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by the Developers 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 Development Services Director 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
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improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Director'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.
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 Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining 10% of the subdivision performance security. The Developers'
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
Six months after the execution of this Agreement and once within every six 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 their obligations under this Agreement,
upon certification of such failure, the County Administrator 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.
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IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this '31 day of Ayti lst , 2010.
SIGNED
IN THE PRESENCE OF:
Witness
Prin ed or typed name
Witness
w4/"z
Printed or typed name
ATTEST:
DWIGHTT 1 lC, C_I ERK
By
Approved as to form and Legal Sufficiency:
WkApt % 7. Li,JIJ�-
jelfrey A- K+j&kew SIc ve A - j't,.�: l I : o ►�•s
s v s4-. County Attorney
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DIVOSTA HOMES, L.P.
A DELAWARE LIMITED PARTNERSHIP
By:
Richard McCormick. Attorney -In -Fact
BOARD OF COUNTY COMMISSIONERS
OF COLLIER C
jOUNTY, FLORIDA
By: ��& W.
Fred W. Coyle, Chairman
16W
Bond No. 1034906
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that Pulte Home Corporation
of 9240 Estero Park Commons Blvd, Estero FL 33928
as Principal, and Lexon Insurance C
organized and existing under the laws of the State of Texas
a corporation
and authorized to transact
business in the state of Florida , as Surety, are held and firmly bound unto
Collier County Board of County Commissioners
of 2800 North Horseshoe Drive, Naples FL 34104
as Obligee, in
the penal sum of three million eight hundred twenty —six thousand two hundred forty —six
($ 3,826, 246.98 ) for the payment of which sum, well and truly to be made, we bind and 98/100
ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has agreed to construct or have constructed, in the Verona Walk
subdivision Phas 4C infrastructure: sanitary, potable, drainage, paving,
lighting, landscaping & irrigation (code minimum).
NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly
perform said work in accordance with said standards, then this obligation shall be void, otherwise to
remain in full force and effect.
Signed, sealed and dated this 1st day of September , 2010
Pulte Home Corporation
Principal
�
Robert Porter, Assistant Secretary
Lexon Insurance Company
Surety
t , .»
Dawn L. Morgan, Attorney -4n -Fact
FL Lic. No. P011322
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF MICHIGAN )
)ss.
COUNTY OF OAKLAND)
16A 2
On this 1st day of September, 2010, before me, the undersigned authorized employee,
personally appeared Robert Porter who acknowledges himself to be Assistant Secretary
of 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.
Shirley utchin , Notary Public
Wayn County, Michigan
Acting in Oakland County, Michigan
My Commission Expires: March 30, 2017
SHIRLEY E HUTCHINS
NOTARY RAW. STATE OF W
COUNTY OF wAYNE
MY COMMISSION EVIFIES Mllr 30, 2017
ACTING IN COUNTY OF
POWER OF ATTORNEY '
Lexon Insurance Company Lx- 009730
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, * * * **
Peggy Faust, Kelly A. Jacobs Elaine Marcus Jennifer J McComb Melissa Schmidt Joel E Speckman * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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 LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 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 $ 4,800,000.00 Four million eight hundred thousand dollars "••••••••• •••••••••••••••••••••••••••••••
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 of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
A
TEXAS =�'D
INSURANCE
COMPANY
BY
David E. Campbell '
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON 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.
FICIAL SEAL'
LYDIA J. DEJONG
NOTARY PUBLIC STATE OF QIINOIS
} r MY COMMISSIOU EXPIRES 1/12/2
Lydia J. DeJong
CERTIFICATE Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas 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 1st Day of September, 20 10
NCF
\fig f.�..••••.. ~~ s O
t A
0.* TEXAS
XX! INSURANCE D /XV/
�j COMPANY �' Z l
Donald D. Buchanan
�•�•'•••..... Secretary
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
COUNTY OF DUPAGE
}
} S.S.
}
16A 2
On September 1, 2010, before me, 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 Lexon 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 on behalf of the said 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.
=PUBLIC EAL
My Commission Expires on November 29, 2012 RUSE
TE OF ILLI:29,]2012 NOVEMBER
Notary Public — nnie J. se
VERONAWALK
PHASE 4C
OPINION OF PROBABLE COST
Sanitary Collection System
Potable Water
Drainage
Paving
Lighting
Landscaping (Code Minimum)
Irrigation (Code Minimum)
Total Probable Cost
110% Bond Amount
2,'9!2006 - 165144 V., 1- DHUBER
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920,829.20
580, 736.98
517,811.44
954,383.95
96,600.00
117,300.00
290, 744.78
$ 3,478,406.35
$
ENS
F
* No. 60727
?:. STATE OF
David—J.—Hurst, P.E.
FL Registration #60727
WilsonMiller, Inc. -FL Lic. #LC- C000170
WilsonMiller, Inc. - Certificate of Authorization #43
�j
16A 2
SANITARY COLLECTION SYSTEM
PHASE 4C
DESCRIPTION
QUANTITY
UNIT TYPE
UNIT PRICE
TOTAL PRICE
TV sewer w /mandrel (preliminary)
1TV
LF
$ 2.00
$ 17,046.00
sewer final
LF
$ 2.98
$ 25,398.54
8" PVC Gravity Main 0 -6' cut,
LF
$ 24.06
$ 22,472.04
8" PVC Gravity Main 6 -8' cut)
LF
$ 32.56
$ 115,294.96
8" PVC Gravity Main 8 -10' cut
LF
$ 39.56
$ 76,983.76
8" PVC Gravity Main 10 -12' cut
LF
$ 46.56
$ 74,123.52
8" PVC Gravity Main 12 -14' cut
LF
$ 53.56
$ 24,905.40
8" PVC Gravity Main 14 -16' cut
LF
$ 60.56
$ 2,725.20
Manhole 4' Diameter 0 -6' cut)
EA
$ 4,466.26
$ 13,398.78
Manhole 4' Diameter 6 -8' cut
EA
$ 5,709.32
$ 68,511.84
Manhole 4' Diameter 8 -10' cut
EA
$ 6,628.54
$ 46,399.78
Manhole 4' Diameter 10 -12' cut)
EA
$ 7,547.76
$ 60,382.08
Manhole 4' Diameter 12 -14' cut
EA
$ 8,466.98
$ 25,400.94
Manhole 4' Diameter 14 -16' cut
EA
$ 9,319.92
$ -
6" Forcemain C900, CLA 50
LF
$ 18.32
$ 46,716.00
6" Forcemain C900, CL -200
LF
$ 19.69
$ 2,953.50
Air Release Valve
EA
$ 2,600.00
$ 7,800.00
Pump Station
LS
$ 145,000.00
$ 145,000.00
Single sanitary sewer service
25
EA
$ 681.78
$ 17,044.50
Double sanitary sewer service
I I
EA
$ 742.20
$ 8,164.20
SUB -TOTAL
SANITARY = $ 800,721.04
15% CONTINGENCY= $ 120,108.16
TOTAL SANITARY= $ 920,829.20
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POTABLE WATER
PHASE 4C
16A 2
15% CONTINGENCY= $ 75,748.30
TOTAL POTABLE WATER = $ 580, 736.98
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STORM SEWER
PHASE 4C
DESCRIPTION
QUANTITY1
UNIT TYPE
UNIT PRICE
TOTAL PRICE
15" RCP
118"
LF
$ 28.25
$ 56,726.00
RCP
LF
$ 36.74
$ 79,946.24
24" RCP
LF
$ 51.42
$ 44,581.14
30" RCP
LF
$ 75.48
$ 63,776.38
36" RCP
LF
$ 99.53
$ -
48" RCP
LF
$ 147.64
$ 42,372.68
Grate Inlet
EA
$ 2,000.00
$ 30,000.00
Valley Gutter Inlet (Top and Bottom
EA
Double Valley Gutter Inlet Top and Bo
EA
$ 2,120.78
$ 67,864.96
Junction Box
EA
EA
$ 3,030.46
$ 9,091.38
$ _
15" Flared End
18" Flared End
EA
$ 1,723.80
$ 18,961.80
24" Flared End
EA
$ 1,916.02
$ 15,328.16
30" Flared End
EA
$ 2,353.68
$ 14,122.08
36" Flared End
EA
$ 2,791.34
$ -
48" Flared End
EA
$ 3,666.66
$ -
Control Structure
EA
$ 6,000.00
$ 6,000.00
Connect to existing outfall structure
EA
$ 1,500.00
$ 1,500.00
TOTAL DRAINAGE _ $ 450,270.82
15% CONTINGENCY= $ 67,540.62
TOTAL = $ 517,811.44
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PAVING
PHASE 4C
16A 2
DESCRIPTION
1QUAWT—ITTI UNIT TYPE
UNIT PRICE
TOTAL PRICE
3/4" Asphaltic Concrete (Type S -III 1st lift
13/4" Asphaltic Concrete (Type S-111 )(2nd lift
12" Stabilized Sub grade
6" Limerock Base
SY
SY
SY
SY
$
4.85
$
108,683.65
$ 5.00
$
112,045.00
$ 1.70
$
42,374.20
$ 4.00
$
81,704.00
8" Limerock Base
SY
$
4.25
$
25,912.25
l' Strip Sodding Bahia
LF
$
1.85
$
34,576.50
24" Valley Gutter
Type "E" Curb
Curb & gutter Modified Type "F"
4" Concrete Sidewalk
LF
LF
LF
SY
$
8.53
$
159,425.70
$ 11.00
$
6,160.00
$ 13.48
$
3,828.32
$ 24.75
$
248,589.00
12" Solid stripe thermoplastic
LF
$
2.00
$
1,012.00
24" Solid stripe thermoplastic
Blue Reflective pavement marker
Stop Sin
Street Sin
LF
EA
EA
EA
$
4.02
$
281.40
$ 5.99
$
179.70
$ 140.50
$
983.50
$ 92.01
$
644.07
Curve Sin
EA
$
174.99
$
699.96
Speed Limit Sign
EA
$
174.99
$
2,799.84
SUB -TOTAL PAVING = $ 829,899.09
15% CONTINGENCY= $ 124,484.86
TOTAL PAVING = $ 954,383.95
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STREET LIGHTING
PHASE 4C
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DESCRIPTION
I QUANTITY1
UNIT TYPEJ
UNIT PRICE
TOTAL PRICE
25' concrete pole and fixture
1
LS
$ 84,000.00
$ 84,000.00
SU6 -FUTAL LIGHTING= $ 84,000.00
15% CONTINGENCY= $ 12,600.00
TOTAL LIGHTING = $ 96,600.00
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LANDSCAPING
PHASE 4C
16A Z
DESCRIPTION
I QUANTITY
UNIT TYPE
UNIT PRICE
I TOTAL PRICE
Code minimum landscaping
I
LS
$ 102,000.00
1 $ 102,000.00
Juts- I V / AL LANDSCAPING = $ 102,000.00
15% CONTINGENCY= $ 15,300.00
TOTAL LANDSCAPING = $ 117,300.00
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IRRIGATION
PHASE 4C
16A 2
DESCRIPTION
QUANTITY
UNIT TYPE
UNIT PRICE
TOTAL PRICE
Connect to existing irrigation
3
EA
$ 1,500.00
$ 4,500.00
4" Irrigation Main C -900, CL 150
14,485
LF
$ 11.50
$ 166,577.50
4" Irrigation Main C -900, CL 200
305
LF
$ 13.00
$ 3,965.00
8" Irrigation Main C -900, CL 150
2,230
LF
$ 19.79
$ 44,135.05
8"x 4" TEE
9
EA
$ 46.00
$ 414.00
4" Gate Valve w/ Box
10
EA
$ 805.00
$ 8,050.00
Air Release Valve
17
EA
$ 1,200.00
$ 20,400.00
Temporary Blow -off
1
EA
$ 1,100.00
$ 1,100.00
Controller w/ Rain Sensor
1
EA
$ 3,450.00
$ 3,450.00
Electric Solonoid Valve
1
EA
$ 230.001
$ 230.00
J Url -1 U I AL IKKIGA "UN = 5 252, 821.55
15% CONTINGENCY= $ 37,923.23
TOTAL IRRIGATION= $ 290,744.78
2/9/2006 - 165144 Vert- OHUBER
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