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Agenda 06/25/2019 Item #16A 9 (Tuscany Pointe-Release of Maintenance Secuirty)06/25/2019 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Tuscany Pointe Two, Application Number PL20140001338, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision and release of the maintenance security. CONSIDERATIONS: 1) On April 11, 2016, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Tuscany Pointe Two. 2) The roadway and drainage improvements will be maintained by the Tuscany Pointe community association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Tuscany Pointe community association. The existing security in the amount of $99,354.71 will be released upon Board approval. The original security in the amount of $891,403.81 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated July 5, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAA RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Tuscany Pointe Two, Application Number PL20140001338, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.9 Packet Pg. 1190 06/25/2019 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.9 Packet Pg. 1191 06/25/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 9061 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Tuscany Pointe Two, Application Number PL20140001338, and authorize the release of the maintenance security. Meeting Date: 06/25/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/21/2019 4:15 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/21/2019 4:15 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 05/21/2019 5:26 PM Growth Management Development Review John Houldsworth Additional Reviewer Completed 05/22/2019 6:03 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2019 2:06 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/24/2019 9:30 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 05/24/2019 9:45 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/28/2019 3:00 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/28/2019 3:07 PM Growth Management Department James C French Deputy Department Head Review Completed 05/28/2019 6:00 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/30/2019 10:05 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 05/31/2019 9:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2019 10:25 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/06/2019 5:05 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/06/2019 5:41 PM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 06/17/2019 11:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM 16.A.9 Packet Pg. 1192 TUSCANY POINTE TWO LOCATION MAP 16.A.9.a Packet Pg. 1193 Attachment: Location Map (9061 : Final Acceptance - Tuscany Pointe Two) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS TFIIS CONSTRUCTION IMPROVEMENTS entered into this MAINTENANCE or Jtt t-! AGREEMENT FOR SUBDIVISION 24t 11,q ,berween D.R. HORTON, INC. ANDa'/ttJ OaV -7 hereinafter referred to as "Developer." and the Board of Counly Commissioners of Collier County, Florida. hereinafler rel'erred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery ofthis Agreement, applied fbr the approval by the Board of a certain plat of a subdivision to be known as: TUSCANY POINTE Z B. Chapters 4 and l0 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 fbr the construction ofthe required improvements. NOW, THEREFORE. in consideration of the foregoing premises and mutual covenanls hereinafter set forth. Developer and the Board do hereby covenant and agree as lbllows: l. Developer will cause to be constructed: Site improvements including but nol limited to clearing. lilling. excavation. installation ofroadway improvements and utilities associated with Tuscany Pointe 2 .^rithin l2 months from the date ofapproval said subdivision plat, said improvements hereinafter referred lo as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereol) in the amount of $891,403.81 which amount represents l0% ofthc total contract cost to complete construction plus 100% ofthe estimate cost to complete the required improvements at the date of this Agreement. 3. In the event ofdefault by the Developer or t'ailure ofthe Developer to complete such improvements within the time required by the Land Developmenl Code, Collier Counly may call upon the subdivision perlormance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a slatement of substantial completion by Developer's engineer along with the final project records have been fumished 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 substantia[ completion, either: a) notify the Developer in writing ofhis preliminary approval ofthe improvemenlsl 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 Page I of3 16.A.9.b Packet Pg. 1194 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements ifthey are in fact constructed and submitted tbr approval in accordance with the requiremenls of this Agreement. 6. The Developer shall maintain all required improvements fbr a minimum period of one year al'ter preliminary approval by the Counly Manager or his designee. After the one vear 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 Ibund 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 l0% ofthe subdivision perfbrmance security. The Developer's responsibiliry for maintenance of the required improvemenls shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once wirhin every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amounr ollhe subdivision performance security on the basis of work complete. Each request tbr a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by rhc 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 ofthe request. 8. In the event the Developer shall thil or neglect to fulfill its obligations under this Agreement, upon certilication of such failure, the County Manager or his designee may call upon the suMivision performance security to secure satisfactory completion, repair and maintenance olthe 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 ofbids. the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnily the Board. upon completion ofsuch construction. the final total cost to rhe 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 ofthe failure ofthe Developer to fulfilr a ofthe provisions of this Agreement. 9' All of the terms, covenants and conditions herein contained are and shall be binding upon thc Developer and the respective successors and assigns of the Developer. Page 2 of 3 IN wITNEss WHEREoF, the Board and the Developer have caused this Agreement to be executed bvtheir duly authorized representarives this { t 66y ,f -t)* I f_ . 20 lL . 16.A.9.b Packet Pg. 1195 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) SIGNED IN THE PRESENCE OF: Print N Print N ame: ATTEST: DWIGHT E. BROCK. Clerk D.R Vi Print N dent. VP. or CEO) Provide P vidence of Authority BOARD OF COLNT OF COLLIER COI,N Y COMMISSIONERS TY, FLORIDAj,a,By: tE: as By: a Fiala Chairman legallt Soolh A. s*onr- Assistant County Anomey Page 3 of3 ul- ^JA. FJ.4 Approved Form -.tAK _ I-chru.r).2006 16.A.9.b Packet Pg. 1196 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby cenifies as fbllows: l. She is a duly elected, qualified and acting Assistant Secretary of DRHI, Inc., aDelaware corporarion (the "Conuon!;'), is famiriar witi'the facts herein certified and is duryauthorized to certify rhe same. 2' The fo owing is a true, corecr and conrplete copy of resolurions rerated to the subjectmatter as adopted by the Consent of Sore Director of th. co.nprny dated october r, zor4 (the" Resolutittrts" ). The Resolutions have not been anrended, rescinded or rnodified and rernain in fullforce and effect as of the date hereof. ecti ofV I)den l)nP id RESOLVED, rhar Jonarhon M. penEcost is hcreby elected ro rhe office ofVice Presidenl of the Conrpany and Division president (tta ,,Diviskn presitlett,,) of the Company's Southwest Flo.da Division (the ,,Dit,ision,,), to serve until thenext annual rneeting of the dircclors of lhe Clotnpuny o*i r.rruil his successor is du[elected and qualilicd or until his carlicr dearh, resigiration or removal. RESOLVED F'URTHER, thar rhe Division presidenl is hereby authorizcdand empowercd, in rhc Division and in the name and on behalf oi.(Al rhc Company(B) any p;rtnership of which the Company is a genenrl panner, manager or agent, a0d(C) any limited liability company of which f tr-e Corrpany is a menrber, manager oragc.nt ( tollcctivelt, the ,,Entitic.r,' ), ( i) sub,ect to writien ,pproual by any one If thefollowing ofllcers of thc Company: (a; Chairnran of rhe ioard, (b) piesident, (c)Senior Executive Vice president, (d) Lxecurive Vice presilent or (e) the RegionPresident of the Division (thc ,,Approt,inc Offi&rs,,), ro execure and delivercontrac(s, agrccments and other documents and instruntents (other than promissorynotes) for the purchase of real propery. ancl any improvements or appurtenancesconsrrucred rhereon or affixed (herero, or any inlerest Iherein, including *iif,orilimitation .any right-of-way, easemenr, leasehold or other tangible or inrangihlepropeny, right or interest, and any pcrsonal property relating or incident tnereto, (ii) :,I:tect ro wrirren approval hy any one of t'tre ipproving 5ffi""rr, ro execute andoe,ver contracts, agrcements. deeds. conveyances or other obligations ofthe Entities,closing statements and other documents ancl instrurnents for tlie sale of irnproved orunimproved real property, or any interest or right therein, owned, .leased or otherwisecontrolled by the Entities and (iii) to.*..rt. urd d.liuer model home leases and suchother agreements, instruments or documents as rhe Approving olficers shall direct. RESOLVED FURTHER, rhat in connecrion wirh the management of rheEntities'business, the Division president is hereby authorized ana empowered, in thename and on beharf of the Entities in the Division, to execute and deriver (i) 16.A.9.b Packet Pg. 1197 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) (B) any partnership of which the Company is a general Partn€r' manageror agent' and iCi uny tirnir"a liibility company of which the Company is a member' managcr or agent icoltecti,elt, rhe'" Enilies'i )' (i) subjcct to written approval by any one of the 6lo*ing officers of the Company: (a) Chainran of the Board' (b) President' (c) Senior dxecutive vice President, (d) Executive Vice President or (e) the Region President of the Division (rhe "Apotovinp Olrtcers".)' to execute ;u:d deliver aonrru",r, agreements and other documents and insh'uments (other than Promissory notes) for the purchase o[ real properly, and any improvements or appunenances cons;ucted thlrcon or affixe<J theieto, or.arry interesr therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible pr.p".,V, ,ight orlnter"rt, und any personal property relating or incident thereto' (ii) luti..t'to iritten approval ty any one of the Approving O.fficers' to cxecute and deliver contracts, agieements, deecls, conveyances ol othel obliSations ofthe Enl ities' closing statementsind other documents and instruments for the sale of improved or unimpioved real propeny, or any interest or right thercin, owned' leased orothcrwise .un,.Lll"d by t1.,"'Entitiei and (ii i) tocxccurc and dcliver model home leases and such other agreements, instruments or documents as the APproving Officers shall direct RESOLVED I"URTHER, that in conncction with thc management of the Entities' busincss, rhe Division Presitlent is hercby aulhorized and empowered' in lhe name anrl on behalf of thc Entities in thc Division, to execute and deliver (i) contracts, agreements and other doculnents and instruments for the subdivision' developmenl antl/or improvemcnt of real propcrty, (ii ) contracts, agrecments' deeds' closinj statenrcnts and othcr documents and instluments tbr the sale, transfer and/or "onr"!o,l"" oI mineral rights, grotrndwater nnd other watel rights owned' leased or "on,r,ill"d by ,ny of rhe F.ntitics ro DRH Ene'gy, tnc., an al-tlliate of the Entities, ( iii) home salcs Conriacts. sales person crnploytnent agreentents and sintilar o[ equivalent agreenrents, doctlnlents or instrunlents and (iv) personal ploperty leases for' among other things, office equipnrent and construction trailers' RESOLVED I'IJRTHER, that in connection with the management of the Entities'business in the Division, the Division President shall be authorized and empowered, in the name and on behalfofthe Enlities in the Division, to execute and deliver any and all documents and instrunlents, necessary to sell and convey title to single-lamily honres. RF^SOLVED FURTHER' thar Jonathon M. Pentecost shall continue to serve as registered broker for D.R' Horton Realty of Southwesl Florida' LLC' a Delaware limited liability company' in the State of Florida RESOLVED FURTHER, that Jonathon M. Pentecost shall continue to sen'e ari registered broker for Emerald Realty of Southwest Florida, LLC, a Delaware Iimited liability company, in the State of Florida. 2 16.A.9.b Packet Pg. 1198 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) RESOLVED FURTHER, that Jonathon M' Pentecost shall continue to serve as registered broker for Express Realty of Southwest Florida' LLC' a Delaware limit;d liability company, in the State of Florida' RESOLVED FURTHER, that effective as of the date hereof' the authority hereby granted to the Division President supersedes authority previously granted by writtericonsent of Executive committee of the Board of Directors to the Division President. INwlTNEsswHEREor,theundersignedhassignedontheT'hdayofJanuary,20l6. Ashley Dagley Assistant SecretarY 3U:UTE $/A LTV{ in\DH n I 6J an07-COAS.wpd 16.A.9.b Packet Pg. 1199 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) The untlcrsignccl hereby cerrifies as f<rllows: l. She is a duly etected' qualified and acting Assistant Secretary of D'RHorton' lnc" a Delaware corporation t,n" "C""i"i::l' is familiar -with the facts herein certified and is duly authorized to certifY the same' 2. The following is a true, correct and complete coPy of resolutions related to the subject nratter as adopted t,y tt e con,eniuiExecutive Commiitee of the Board ofDirectors oflhe Company dated October I,2Ol4(rhe "n"t"t'i'"t;;l' The Resolutions have not been anrended' rescinded or .Jif.o and remain in full force anrl effect as of the date hereof' ti v nd vls P WHEREAS,eI'fectiveJanuary3'2007'JonathonM'Pentecostwasduly elected to the office of Assistant Secreiary ofthe Company in thc Cornpany's South Florida f)ivision; WHEREAS, effectivc Noventber l0' 201 l' Jonathon M' Pentecost was oromoted to the position of vice President and City Manager of the company in thc bu,t puny'* Southwest Florida Division: WHEREAS'effectivcJunel2,20l3'theCompanyappointedJonathonM. Pentecost to serre as regislcrcd broker ofeach D'R' Horton Realty of Southwest nioriaa, LLC and Emeratd Rcalty of Southwest Florida' LLC in the State of Florida: WIIEREAS, effective Novenrber 18, 2013' the Cornpany appointed Jonathon M. Pentccost to scrve as registered broker of Express Realty of Southwest Florida' LLC in the State ol Floridal and WIIEREAS, it is nou'desirable to prolnote Jonalhon M' Pentecost to the position of Division Presir1ent of the Comparry's Southwest Division' NOW, THEREFORE, BE IT RESOLVED' that Jonathon M' Pentecost is hereby elected or re-elected to the office of Vice President of the Company and Division President (rhe "Division President",)of the Cornpany's Southwest Florida Division (the " Division" ), to serve untlt the next annual meeting of the directors.of ,n" Co.puny und r.rntit hi, successor is duly elected and qualified or until his earlier death, resignation or removal. REsoLvEDFURTHER,thattheDivisionPresidentisherebyauthorized and empowered, in the Division and in the name and on behalfof(A) the company, CERTIFICATE OF ASSISTANT SECRETARY 16.A.9.b Packet Pg. 1200 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) contracts, agreements and other documents and instrumenLs for the subdivision' developmeni and/or improvement ofreal propeny, (ii) contracts, agreements. deeds' closinj starements and other documents and instruments for the sale. transfer and/or "onu"!un"a of mineral rights, groundwater and other water rights owned' leased or controlled by any ofrhc Entities ro DRH Energy, Inc., an affiliate ofthe Entities, (iii) home sales contracts, sales person enlployment agrecments and similar or equivalenl agreements, documents or instruments and (iv) personal property leases for, antong other things, office equipment and construction trailel s. RESOLVED FURTIIER, that in conncction wilh the managernent of lhe Entities' business in the Division, the Division President shall he authorized and empowered, in the nalnc ancl on behalf ol'the Entities in the Division, Io execute and dcliver any ancl all docurnents ancl instruments, necessary to sell and convey title to single-family hornes. IN WITNESS WHEREOF, the undelsigned has signed on the 7(h day of January' 2016 shle 1, Dagley 2tlUT!:WAl;l]J!l,r\DiHl\l6Ja )7-CO S!t1)d Assistant Scct'ctarY 16.A.9.b Packet Pg. 1201 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) Engineer's Dn1n1an of Probable Cost TUSCANY POINTE lWO HM# 2014.001 -------- IJP<TT1IJl'/00 GRAVITY SEWAGE COI.LECTION SYSTEM 8" PVC Gravity Sewer 0'-6' Cut �c Gravit}' Sewer 6'-8' Cut 8" PVC Gravity Sewer 8'-10' Cut Manhole 0'-6' Cut, IET lined Manhole 8' -10' Cut, IET lined 6" PVC lateral �n_J� Clean-out 6" Double aean-outs Video Gravity Sewer Video Gravity Sewer (1 yr. after accept) Subtotal Gravity Sewage System ·- WATER DISTRIBUTION SYSTEM 1 1/2" PVC Water Service _ 2" PVC Water Service £'!YC Casing for Water Service 8" PVC Water Main DR18 8" PVC Water Main DR14 8" Gate Valve -· - Fire Hy_dran! A_!�IT_lbly Air Release Valve ----·�----BSP (permanent) -- BSP (temporaryl._ ___ Temp. Gap Configuration Automatic Flushlns Device Relocation ----- Subtotal Water Main System DRAINAGE & STORMWATER MANAGEMENT 15" RCP 18" RCP 24" RCP 30" RCP 42" RCP 24" FES ---42" FES --- :AJM111nt .-.::a942 85 283 s 2 520 6 16 1,310 1,310 324 I_:.. 132 275 1,03_1 90 3 3 2 1 1 1 1 148 24 81 639 '1J)7 1 1 ... Y!!� Gutter Inlet 6 Water Control Structure 1 Junction Box 2 Inlet Protection 1 --Subtotal Dralnne llnlts LF LF LF EA EA lF EA EA LF LF lF lF LF lF lF EA EA EA EA EA EA EA - lF LF lF lF lF EA EA EA EA EA LS -- Date: Unit Cost $35.00 $38.00 $7S.OO ---$4,200.00 $6,800.00 $13.00 $3S0.00 $400.00 $3.30 $3.30 $2S.OO -·$29.00 $8.00 $22.00 ·---fo:00 -· - $1,300.00 $3,500.00 $1,500.00 $1,600.00 $72S.OO $2,500.00 $5,550.00 $30 .00 $45.00 $55.00 $60.00 $72.00 $1,500.00 $1,900.00 $4,300.00 $3 000.00 $4,000.� $1,000.00 H:\2014\2014001\EN\WG\Tuscany Pointe Two -rev Cost Est 1-29-1S.xlsx --1/29/2015 Tot.JI $32,970.00 $3,230.00 $21,225.00 $21,000.00 $13,600.00 $6,760.00 -$2,100.00 $6,400.00 $4,323.00 $4,323.00 $115,931.00 $8,100.00 $3,828.00 $2,200.00 ____ _g2�.oo $1,890.00 $3,900.00 $10,500.00 $3,000.00 $1,600.00 $725.00 $2,500.00 $5,550.00 $66,475.00 $4440.00 $1,080.00 $4,455.00 $38,340.00 $14,904.00 $1,500.00 -$1,900.00 $25,800.00 $3,000.00 $8,000.00 $1,000.00 $104,419.00 1 of 3 16.A.9.b Packet Pg. 1202 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) t:naneer's Opinion of Probable cost TUSCANY POINTE TWO -______ H_M_#-20�1-4�.oo-1------�------'-.,-'---'-�-----o=-a...,.te-:-,---1"'"'1=-29:::-:/:::-20::-:1-=s---·f-----+---+---------+---'--''-----t ---------------------+-----+---+--------------------- I/nits UnitCost Toul �-----------------PAVING 1 1/2" & 2" Asphalt Paving - Tvpe S-111 3 ,110 SY _ $9.00 $27,990.00 6" llmeroc-"-k -=-Ba:.:se-=---------------�....c.:3 ,-=-25:..:9_-+--.....:..SY'---+-------$'--'6'--'.70-"+----'$'""2""'1,-=-83:..:S..cc,3'-'-IO I 12" Stabilized Subgrade (LBR 40) 3 ,4 � __ J.! $3.00 $10,227.00 VaHev Gutter curb (2' wide) St:.:d::... ----------+-......::2.3c:.0::.;2:...-+.......::clF'---+-----------:--"'$!9'-'-.00=t-----'$7"20c:c,:.c.7-=-1 8'-'-.00'-'-f 1,11 3 SY $26.00 $28,938.00 260 LF __ $9.00 $2,340.00 •S' Concrete Sidewalk �- E curb 3' Valley Gutter curb 74 SY $9.20 $680.80 $1U,729,10 -_ _ _Subtotal Roa d wav Pavement GRADING Silt Fenclr« (single) _ _ 3,809 LF $1.50 $5,713.50 Turbidity Barrier 7 3 LF $15.00 _i!.!�5.00 Ro�h Grading(+/-0.2' toleranc_e_) __ ___ 8.25 AC ___ $2,700.00 $2 2,275.00 � _ _ _ ___ 266 SY $2.50 $665.00 Perimeter Berm Grading __________ -f----30-',080.:..:..c_+--"-LF _______ .,_$5'-.oo-+ ____ $'-C.-15,�.00 Construction Entrance 1 EA $2,500.00 $2,500.00 ... --- . ------------------;-----·t---------1f------��-----��-----t EARTHWORK Clearing & Grubbing lake excavation �rt_f _ll_l ____ _ LANDSCAPING Subtotal Site Gradlntt $47,6'8.SO 9.30 AC ____ $4,000.00 $37,200.00 18,760 CY $2,50 $0.00 19,579 CY $10.50 $205,579.50 -----�----··+-------�--+----�---1 Subtotal Earthwork _ __ _ $242,779.50 --+----,___ �sc_a_e_lns (wtth Utt�---___ ---�F--11 __ �--t----·--...,_$_so___,_,_3 85_.oo-+----'$_s'"'o,�38_5_.oo-t Irrigation s�tem LS--+-----'-$4_2"'",ooo __ .00--1-------'-$_4 2__,_,ooo __ .oo--1 --____________ Subtotal Landscaplng!-----+---t----------+-----'-$"-92-'-,3'--'8-'-5___,_,00-----t UGHTING �e_et Hghting pole 14 EA $2,000.00 $28,000.00 Subtotal Llghtln& $28,000,041 Construction Cost Estimate Total 5810,367.10 H:\2014\2014001\EN\WG\Tuscanv Pointe Two• rev Cost Est 1-29-1 5.xlsx 2 of 3 16.A.9.b Packet Pg. 1203 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) ------- �-HM# 2014.001 ---- - . PPL Review Fn! PPL Review -- Plus $5 per acre (residential) Fire Code Review Fee COA ($200+$25*38 homes} Utilities Modeling and Analysis Fee Environmental Impact Statement-Listed or Protected Species �aring ($250+$50*10) Utllltv Plan Review Engineer's Opinion of Probable Cost TUSCANY POINTE TWO - 'A=tftv Units -- -·-� � probable waler and sewer construction cost -·· -. - Pavina C::namnn ,.nti Drainaaa Ravi<aw 0, 7_5% of probable roadway, grading, drainage, landscaDlna and liahtlna i-------. Total PPL review fen Date: - l.klltCC6t --- -- Pre-apolicalion meeting fee credit: - ..Review fees due at submittal: --·- ---Note: PPL /nSD11CUon fees to be oald at praconstructlon meeting: 2.25% of erobable water and sewer constru�ion ��t _I 2.25% of probable roadway, �c;!_rainage, landscaoing and lighting -------------· -------· ----------__ ,_ -------------- H:\2014\2014001\EN\WG\Tusc,ny Pointe Two• rev Cost Est 1-29-1S.xlsx 1/29/2015 Tot,1/ - ----· ---$1,000.00 $55.00-$100.00 $1,150.00 $1,000.00 $2,500.00 $1 000.00 $750.00 $1,368.06 -·--- .. -$4,7�2!_ $13 832.75 $500.00 $13,132.75 $4,104.14 $14 129.12 $18,233.28 3 of3 16.A.9.b Packet Pg. 1204 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. SNN4004203 KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton, Inc. 10541 aen C. Pratt/Six Mile Cypress Pkwy, #100 Fort Myers, FL 33966 (hereinafter referred to as "Owner") and Nationwide Mutual Insurance Company 7 World Trade Center, 250 Greenwich Street 37th Floor New York, NY 10007 (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 Eight Hundred Ninety One Thousand Four Hundred Three and 81/100 Dollars ($891,403.81} 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 Tuscany Point II (earthwork, utilities, streets, curb & gutter) 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. 16.A.9.b Packet Pg. 1205 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 16th day of June, 2016. (J\tttic�fJ[ihlc � Witness Signature Tariese M. Pisciotto Witness Print Name or Type STATE OF \'.=L. COUNTY OF i_,f,( l Nationwide Mutual Insurance Company Suret}'. a,,C; &o--s-of 7,;"� . Attorney-in-Fact: Dawn L. Mo.an Florida license no.: PO 11322 The foregoing instrument was acknowledged before me this _il �Y of Ju t'.'e.-: . 20\lo, by Jcroll'.\Qf\ W\�1 who is personally k�o �e or has produced _______ as identification. BARBARA KALASH Notary Publlc, State of Florfda My Comm. Expires March 17, 2019 Commission No. FF 200595 ST ATE OF ILLINOIS COUNTY OF DUPAGE �!{� (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) The foregoing instrument was acknowledged before me this l.filh day of June, 2016, by F"'l'= .......... -"""""-""-' Fact, who is personally known to me. ,••••••••••••••••••••••••• •OFFICIAL SEAL" : TARI ESE M PISCIOTTO !Notary Public, State of Illinois : My Commission Expires 06/26/2018: . ·��······················· Tarjese M. Piscio tt o(Print, Type, or Stamp Commissioned Name ofNotary Public) 16.A.9.b Packet Pg. 1206 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) Nationwide· is on your side KNOW ALL MEN BY THESE PRESENTS THAT: Power of Attorney 1017040 7 Wot1d Trade Center 250 Greenwich Street 37th Floor New Yortc, NY 10007 Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to as the "Company" and does hereby make, constMute and eppoint James Moore, Stephen T. Kazmer, Dawn L. Morgan, Melissa Schmidt each In their individual capacity, its true and lawful ettomey-Jn.fact, with full �r and authority to sign, seal, and execute on Ms behalf any and all bonds and undertakings, and other obllgetory instruments of similar nature, In penalties not exceeding tile sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as � such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confilmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of direct01S of the Company: "RESOLVED, that the president, or any vice prNldent be, and each hereby is, authorized and empowered to appoint attomeys-ln-fact of the Company, and to authorize them to execute and dellvw on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, tranafers, contn1cts of Indemnity, policies, c:ontrac:ls guan1rdllelng the fidelity of persons holding positions of public or private trust, and other writings oblgatory In nature that the bulinea of the Company may rwquire; and to modify or 19Yolte, with or without cause, any such appointment or au1honty; plOYtded, howllver, that the authority granted hel8by shah in no way limit the authority of other duly authorized agents to sign and c:ountllflign any of 1■id documents on behalf of the Company.• "RESOLVED FURTHER, that such attom�fact shal have full power and authority to eKecule and deltver ■ny and au such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Colll>any thefeto; provided, however, thet said seal shall not be necessary for the validity of any such documents: This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of cflnlctors of the Company. Execution of lnstrvments. Any vice president, any assistant secretary or any assistant treasurer shan have the power and authority to sign or attest all approved documents, instruments, c:ontrllds, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive of!lcer, president, treasurer or secntary; provided, however, the signature or any of them may be printed, engraved, or stal'1"4)ed on any approved document. contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused thia ins its officer the :,:day or X,f . .,qt� duty attested by the signature of ual Insurance Company ACKNOWLEDGMENT STA TE OF NEW YORK, COUNTY OF NEW YORK: 11 On this �If> day of �Pl-,20 / S-- , before me came the above-named officer fol' the pany afof9saio.tome perioiiillyli'"ll(MII to be the officer described In and who executed the preceding lnatrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company afof8'8id, that Iha seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signeture were duly affixed and subscribed to said instrument by the a�h;:;d�lr;�;�: C ompany .� \j C::::: � NobryPtblic-Staleo1NWtYork P" No. 01ST62811622 Notary Public OUlllld In NuAu County My Commission Expires My Conmssion Expirtl Jut y 211, 2017 . . CERTIFICATE I, Parag H. Shan, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original �r of attorney iss_ued by the Company; that the resolution included therein Is a true and correct transcript from the mlnutH of the iMetings of the boards of d11·ectors and the same has not been revoked or amended In any manner; that said Antonio C. Albanese was on the date of lhe execution of the foregoing power of attorney the duly elected..officer or the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the aulhori1)',.of said1>oard of directors; and tile foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed ffJY nam.as �sis)ant $ecretary, and affixxca-uieSCQ!J ..12th. day of June , 20 ...12._ . " - r r,,. This document ,s void 11 VOID appears n me BLUE line on the nglll. the Nat,onwide waterman< Is ;russ,ng from the center of the page and'or the red consecut,ve number Is missing from the upper nght-hand corner. Contact us at 212-329�90011 th,s document 1s void°' II you have any questions 16.A.9.b Packet Pg. 1207 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) ENGINEERING Professional En�ineers, Planners & Land Surveyors ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR REQUIRED SUBDIVISION IMPROVEMENTS TUSCANY POINTE TWO Morch 2018 Item Quantity Price of Quantity Quantity Price of Quantity No. Oescrietion Quonfi!:r: Unit Unit Price Total Price Comeleted Comeleted Remaining Remaining A. GRAVITY SEWAGE COLLECTION SYSTEM 8" PVC Gravity Sewer (0-6' Cut) 942 LF 135.00 132,970.00 942 132,970.00 0 $0.00 8" PVC Gravity Sewer (6-8' Cut) 85 LF 138.00 S3,230.00 85 $3,230.00 0 I0.00 8" PVC Gravity Sewer (8-1 O' Cut} 283 LF 175.00 $21,225.00 283 $21,225.00 0 S0.00 Manhole (0-6' Cut) 5 EA S4,200.00 121,000.00 5 121,000.00 0 I0.00 Manhole (8-1 O' Cut) 2 EA 56,800.00 $13,600.00 2 I 13,600.00 0 I0.00 6 6" PVC Loterol 520 LF $13.00 S6,760.00 520 $6,760.00 0 10.00 7 6* Single Cleon-Out 6 EA 1350.00 S2,100.00 6 12,100.00 0 $0.00 8 6* Double Cleon-Out 16 EA $400.00 $6,400.00 16 16,400.00 0 $0.00 9 Video Grovity Sewer 1,310 LF S3.30 $4,323.00 1,310 $4,323.00 0 $0.00 10 Video Grovity Sewer (1 year ofter acceptance) 1,310 LF $3.30 $4,323.00 0 10.00 1,310 14,323.00 Sub Total $115,931.00 $111,608.00 $4,323.00 8. WATER DISTRIBUTION SYSTEM 1 1 1 /2" PVC Water Service 324 LF $25.00 S8, 100.00 324 $8,100.00 0 I0.00 2 2" PVC Water Service 132 LF 129.00 S3,828.00 132 13,828.00 0 10.00 3 4* PVC Cosing for Water Service 275 LF 18.00 $2,200.00 275 $2,200.00 0 10.00 8" PVC Water Main DR 18 1,031 LF 122.00 122,682.00 1,031 $22,682.00 0 $0.00 8" PVC Water Mom DRl 4 90 LF 121.00 S 1,890.00 90 11,890.00 0 10.00 8* Gate Valve 3 EA S 1,300.00 S3,900.00 3 13,900.00 0 I0.00 fire Hydronl Assembly 3 EA $3,500.00 $10,500.00 3 $10,500.00 0 I0.00 Air Release Valve 2 EA Sl,500.00 $3,000.00 2 $3,000.00 0 I0.00 9 BSP (Permanent) 1 EA S 1,600.00 Sl,600.00 1 11,600.00 0 S0.00 10 BSP (T emporo"Vi 1 EA $725.00 1725.00 1 $725.00 0 $0.00 11 Temp Gap Configuration EA S2,500.00 52,500.00 $2,500.00 0 $0.00 12 Automatic Flushing Device Relocolion EA S5,550.00 $5,550.00 $5,550.00 0 $0.00 Sub Total 166,475.00 $66,475.00 $0.00 C. DRAINAGE & STORMWATER MANAGEMENT 1 15' RCP 148 LF $30.00 S4,440.00 148 $4,440.00 0 $0.00 2 18' RCP 24 LF 145.00 Sl,080.00 24 $1,080.00 0 $0.00 3 24' RCP 81 LF $55.00 54,455.00 81 $4,455.00 0 $0.00 4 30' RCP 639 LF $60.00 $38,340.00 639 $38,340.00 0 $0.00 5 42" RCP 207 LF 172.00 $14,904.00 207 $14,904.00 0 $0.00 6 24' FES 1 EA S 1,500.00 Sl,500.00 I $1,500.00 0 $0.00 7 42"FES 1 EA Sl,900.00 S 1,900.00 1 $1,900.00 0 I0.00 8 Volley Gutter Inlet 6 EA S4,300.00 $25,800.00 6 $25,800.00 0 I0.00 9 Waler Conlrol Slruclure 1 EA S3,000.00 S3,000.00 1 $3,000.00 0 $0.00 10 Junction Box 2 EA S4,000.00 58,000.00 2 $8,000.00 0 I0.00 11 Inlet Proledion l LS S 1,000.00 Sl 000.00 $1 000.00 0 10.00 Sub Total $ l 04,419,00 $104,419.00 $0.00 S.\Jobr\8 1 .u\8 l 48\Documents\8148 _ Cost Est,mote-Bond Reduchon ids 16.A.9.b Packet Pg. 1208 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) Item No. Description Quantity D. PAVING 1 1 1/2" & 2" Asphoh Paving -Type S-111 3,110 2 6" limerock Bose 3,259 3 12' Stobilized Subgrode (L8R 40) 3,409 4 Volley Gutter Curb {2' wide) 2,302 5 S' Concrete Sidewalk 1,113 Mod. E Curo 260 3' Volley Cutter Curb 74 E. GRADING I Silt Fencing (Single) 3,809 2 Turbidity Barrier 73 3 Rough Grading(+/. 0.2' loleronce) 8.25 4 Sod 266 5 Perimeter Berm Grading 3,080 6 Construction Entrance I F. EARTHWORK 1 Clearing & Grubbing 9.30 2 Lake EKcovotion 18,760 3 Import fill 19,579 G. LANDSCAPING 1 Landscaping (with Littorals) 2 Irrigation System H. LIGHTING Street Lighting Pole 14 o.,i,..,..,...i..,o-iR. --••.t.••N,,._al :.=."':!:=·;_.., , ...... a1 ................. .,._ =-==..=::«!. _..,....,,.,.. __ :::-:.:-10:J]'.JI -<MW Banks Engineering Professional En�ineers, Planners & Land Surveyors Unit Unit Price SY S9.00 SY 56.70 SY S3 00 Lf S9.00 SY $26.00 Lf S9.00 SY S9.20 Sub Total Lf $1.50 LF S 15.00 AC S2,700.00 SY S2.50 Lf S5.00 EA 52,500.00 Sub Total AC 54,000.00 CY $2.50 CY $10.50 Sub Total LS $50,385.00 LS $42,000.00 Sub Total EA 12,000.00 Sub Total Total l 0% Maintenance Bond Grand Total Total Price $27,990.00 $21,835.30 $10,227.00 $20,718.00 $28,938.00 52,340.00 5680.80 $112,729.10 S5,713.50 S 1,095.00 $22,275.00 S665.00 $15,400.00 S2 500.00 $47,648.50 $37,200.00 $0.00 $205,579.50 $242,779.50 $50,385.00 $42 000.00 $92,385.00 $28 000.00 $28,000.00 $810,367.10 $81,036.71 $891,403.81 Quantity Completed 1,555 • 3,259 3,409 2,302 I, 113 260 74 3,809 73 8.25 266 3,080 1 9.30 18,760 19,579 14 Price of Quantity Completed $13,995.00 $21,835.30 $10,227.00 $20,718.00 $28,938.00 $2,340.00 $680.80 $98,734.10 $5,713.50 $1,095.00 122,275.00 $665.00 $15,400.00 $2 500.00 $47,648.50 $37,200.00 $46,900.00 S205,579.50 $289,679.50 $50,385.00 $42,000.00 $92,385.00 $28,000.00 $28,000.00 $521,269.60 $521,269.60 •fii,I litt of ospholt complele so 50% considered complete Note: The above "Engineer's Opinion of Proboble Costs" includes oll lobor ond material. S:\Jobt\Blu\81 ◄8\Docvmenls\81 ◄S_Cost Estimote-Bond Redvctioo . .Js Quantity Remaining 1,555 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Price of Quantity Remaining 113,995.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13,995.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18,318.00 $81,036.71 $99,354.71 16.A.9.b Packet Pg. 1209 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) W Gro,vth Management Department Development Review Division March 19, 2018 Nationwide Mutual Insurance Company 7 World Trade Center 250 Greenwich St., 37th Floor New York, NY. 10007 RE: Performance Bond No. SNN4004203 / D.R. Horton, Inc Tuscany Pointe Phase Two Subdivision security PL20140001338 Dear Sir or Madam Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $792,049.10, leaving an available balance of $99,354.71. The remaining security represents $18,318.00 in uncompleted improvements, plus $81,036.71 as the required 10% maintenance security. An original Bond Rider should be directed to this office reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect" If I can be of any further assistance to you in this regard, please let me know Sincerely, 3"b gftouldtwozth John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Banks Engineering Derebpnal Review DMsbn . 2Bm Norh Horse$oe Dfve . thfts, Buila 34104.2*2f,2-24n . wvw.colirgovnd 16.A.9.b Packet Pg. 1210 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) RIDER To be attached to and form a part of Bond No. SNN4004203 Effective: June 16, 2016 Bond Amount: $891,403.81 Executed by: D.R. Horton, Inc and by: Nationwide Mutual Insurance Company in favor of: Collier County, FL as Principal as Surety as Obligee In consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to reducing the amount of the bond to: Ninety Nine Thousand Three Hundred Fifty Four and 71/100 Dollars ($99,354.71) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: March 19, 2018 : March 21, 2018 rton Inc. 16.A.9.b Packet Pg. 1211 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) 1018790 7 World Trade Center 25O Greenwich Street 37th Flmr New York, NY 10007 Nationwide' is on your side KNO\A/ ALL MEN BY THESE PRESENTS THAT: Power of Attorney Nationwide Mutual lnsurance Company, an Ohio corporation hereinaffer referred to as the "Companf and does hereby make, constilute and appoint: James Moore, Stephen T. Kazmer, Dawn L. Morgan, Melissa Schmidt each in their individualcapacity, ib true and lawfulaflomey-in-fad, with fullpower and authority to sign, seal, and execute on its behalf any and allbonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceoding the sum of UNLIMITED and to bind the Company thereby, as fully and to lhe same extent as il such instruments werc signed by the duly authorized officers of the Company: and all acts of said Attomey pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant lo and by authority of the following resolution duly adopted by the board of dircctors of the Company: 'RESOLVEO, that the president, or any vice pr$ident be, and each hereby is, authorized and emporered to appoint attomeys-in-fact of th€ Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, .emoran'dums, undertakings, recognhancas, transfers, contrac,ts of indennrity, policies, contracts guaranteeing the fidelity of persons hoHing positions of public or privatelrus! and otherwriUngs obl[retory In nature that the business of the Company may IBquiE; and to modify or revoke, ivittr orwithout cause, any such appoinrnent orauthority provHed, however, thatthe authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of sairi documents on behaf of the Company.' 'RESOLVED FURTHER, that such sttorneys.in-fac1 shall have full poirer and authority lo execute and deliver any and all such documents and to bind the Company subjeci to the terms ind limitatlons of lhe power of attomey issued to them, and to afFx the seal of the Company thereto; provided, hourever, lhat said sesl shall not be necessary for the validity of any such documents.' This porr.er of attomey 's signed and sealed under and by the following byhws duly adopted by the board of dir€clors of the Company. any assistant secretary or any assistant treasurer shall havg contrads, or other papers in connedion wilh the operation of the power and authority to sign 'the business of the cornpany in addition to the cfiairnran of the board, the chief execulive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, ergraved, or stamped on any approved document, contrac{, instrument,or other papers ofthe Company lN WITNESS WHEREOF. the Company has caused this its officer the yday ol 94 - &t{be led duly attested by the signature of Antonio Vlce President of Nationwide lnsurance Company ACKNOWLEDGMENT '1, Parag H. Shah, Assistant Secretary of the CERTIFICATE attorney issued by the Company; that the foregoing is a full, true and correct copy of the original power of and correct Execution of lnstruments. Any vice president, or atlesl all approved documents, instruments, effecl. boards of directors and the iam'e has not been revoked or execution of lhe foregoing power of attorney the duly and afllxed and subscribed to the said instrument by Company, do hereby certify that the resolution included therein is a true h #;and the corporate seal and his signature as officer were any manner; that transcript trom the m said Antonio C. Albat the meetings of the , on the date of the inutes of nese was and the foregoing power of aftorney is still in full force IN WTNESSZlst_oay WHEREOF.-l have o, March and seal of said Company this OF NEl/l/ YORK: ss , before me came the above-named officer to be the officer described in and who 20 n,Tr 16.A.9.b Packet Pg. 1212 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) State of Illinois County of DuPage On March 21. 201 8, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Melissa Schmidt known to me to be Attorney-in-Fact of Nationwide Mutual 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 affrxed my official seal, the day and year stated in this certificate above. Expires Christina L. Garry, SS. ) ) ) CHRISTINA L GARRY NOTARY PUBLIC rcSTA OF ILLINOI MY coMMlSSloil JANEXF]RES 20215, OFFICIAL SEAL 16.A.9.b Packet Pg. 1213 Attachment: Bond Basis (9061 : Final Acceptance - Tuscany Pointe Two) 16.A.9.c Packet Pg. 1214 Attachment: Resolution (9061 : Final Acceptance - Tuscany Pointe Two) 16.A.9.c Packet Pg. 1215 Attachment: Resolution (9061 : Final Acceptance - Tuscany Pointe Two) 16.A.9.d Packet Pg. 1216 Attachment: Plat Map (9061 : Final Acceptance - Tuscany Pointe Two) 16.A.9.d Packet Pg. 1217 Attachment: Plat Map (9061 : Final Acceptance - Tuscany Pointe Two)