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Agenda 04/13/2021 Item #16A12 (Golf Club of the Everglades Amenity Center)04/13/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Golf Club of the Everglades Amenity Center, Application Number PL20150002440 and PL20150001038, 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 the maintenance security. CONSIDERATIONS: 1) On August 20, 2019, the Growth Management Department granted final acceptance of the improvements within Golf Club of the Everglades Amenity Center SDP (PL20150001038), associated with this Plat. 2) The roadway and drainage improvements will be maintained by the Project’s Homeowners Association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on November 18, 2020 and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff 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 Project’s Homeowners Association. The existing security in the amount of $28,219.34 will be released upon Board approval. The original security in the amount of $202,252.75 has been reduced to the current amount of $28,219.34 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated February 3, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Golf Club of the Everglades Amenity Center, Application Number PL20150002440 and PL20150001038, 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, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.12 Packet Pg. 653 04/13/2021 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.12 Packet Pg. 654 04/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 15210 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Golf Club of the Everglades Amenity Center, Application Number PL20150002440 and PL20150001038, and authorize the release of the maintenance security. Meeting Date: 04/13/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 03/05/2021 12:06 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 03/05/2021 12:06 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/05/2021 12:34 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/05/2021 2:36 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/09/2021 4:16 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 8:56 AM Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 9:41 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 8:39 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 10:03 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:25 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 1:35 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 11:52 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM 16.A.12 Packet Pg. 655 GOLF CLUB OF THE EVERGLADES AMENITY CENTER LOCATION MAP 16.A.12.a Packet Pg. 656 Attachment: Location Map (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this � f"d day of fCJ-?; RU,� , 20 l(n between eu ....... Co,po,a""" hereinafter referred to as "Developer," and the Bo ci 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: GoffCluboftheEvergladesAmenityCenter 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 & sewer impr ovements within 1a 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 $ 202 .2s2.1s -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. 16.A.12.b Packet Pg. 657 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) 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 :},-d day of ff £-g,7Y!.AR;t , 20..Jh_. SIGNED IN THE PRESENCE OF: �-•.,:::::,- Printed Name Printed Name z._,� ATTEST:----,--------- DWIGHT E:. BROCK, CLERK Scott A. Stone",'Assistant County Attorney (Name of Entity) Printed Name/Title --µ�,..-P LJI-� °Zl-..-¥ (President, VP, or CEO) (Provide Proper Evidence of Authority) DONNA FIALA, CHAIRMAN ..,f 16.A.12.b Packet Pg. 658 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation 24311 Walden Center Dr., Ste 300 Bonita Springs, FL 34134 (Hereinafter referred to as "Owner") and RU Insurance Company 8950 S. 52nd Street Suite 209 Tempe, AZ 85284 480-940-8420 BOND NO. CMS289630 (Name of Owner) (Address of Owner) (Address of Owner) (Name of Surety) {Address of Surety) (Address of Surety) (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 two thousand two hundred fifty two and 75/100 ($202,252.75) 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 Golf Club of the Everglades Amenity Center 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 agre1:�Jhat 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.A.12.b Packet Pg. 659 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) 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 25th day of January, 2016. Principal: Pulte Home Corporation -- By: Bryce Langen, Assistant Treasurer Witness: Gregory S. Rives Witness: Bernard J. Saunders STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th DAY OF January, 2016, by Bryce Langen AS Assistant Treasurer OF Pulte Home Corporation WHO IS PERSONALLY KNOW TO ME. Notary Public -State of GEORGIA (SEAL) Rll Insurance Company Surety .�in-Fact Witness: -::::::_--�---------- � ne 10 } A.AA.,� Witness: ,PJ(/ �A ,.,) Karen'Bri� � SEE ATTACHED NOTARY 16.A.12.b Packet Pg. 660 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) ACKNOWLEDGEMENT State of Arizona County of Maricopa On ___ 11_2_5_12_0_16 ___ before me personally appeared Jessica Hol/aender whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) JEREMY POLK NOTARY PUBLIC -ARIZONA MARICOPA COUNTY My Commission Expires June 28. 2019 Notary Signature Jeremy Polk My commission Expires June 28th, 2019 16.A.12.b Packet Pg. 661 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) GOLF CLUB OF THE EVERGLADES PHASE 1 (PL20150002440) PERFORMANCE BOND CALCULCATION FOR PLAT RECORDING SUMMARY PAVING = EROSION CONTROL = DRAINAGE = POTABLE WATER SYSTEM = WASTEWATER SYSTEM = IRRIGATION SYSTEM = TOTAL CONSTRUCTION COST EST/MA TE = 10% ADDITIONAL = TOTAL 110% BOND AMOUNT = PAVING DESCRIPTION UNIT QTY UNIT PRICE 3/4'"Asphalt Concrete (type S-111) 2nd lift SY 1,440 $4.35 3/4 Asphalt Concrete (type S-111) 1st lift SY 1,440 $4.70 12• Stablized Subgrade SY 1,728 $1.95 6" Limerock Base (compact & prime) SY 1.728 $7.15 4" Concrete Sidewalk. SY 601 $27.00 2' Sod (back-of-curb) SY 259 $1.50 Type •o· Curb LF 163 $9.50 2' Valley Gutter LF 1,164 $8.10 Signage and Striping LS 1 $2,000,00 SUBTOTAL EROSION CON fKOL DESCRIPTION I UNIT I QTY UNIT PRICE Lump Sum I LS I 1 $2,000.00 SUBTOTAL January 2016 PAGE 1 OF 2 $58,349.20 $2,000.00 $31,622.04 $39,115.77 $43,670.65 $9,108.48 $183,866.14 $18,386.61 $202,252.75 TOTAL PRICE $6,264.00 $6,768.00 $3,369.60 $12,355.20 $16,227.00 $388.50 $1,548.50 $9,428.40 $2,000.00 $58,349.20 TOTAL PRICE $2,000.00 $2,000.00 16.A.12.b Packet Pg. 662 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) GOLF CLUB OF THE EVERGLADES PHASE 1 (PL20150002440) PERFORMANCE BOND CALCULCATION FOR PLAT RECORDING DRAINAGE DESCRIPTION UNIT QTY UNIT PRICE 30" Flared End EA 1 $1,500.00 18" RCP LF 22 $41.00 24" RCP LF 148 $50.50 30' RCP LF 201 $57.29 Valley Gutter Inlet EA 2 $3,090.00 Grate Inlet EA 1 $1,850.75 Junction Box EA 1 $2,200.00 SUBTOTAL POTABLE WATER SYSTEM DESCRIPTION UNIT QTY UNIT PRICE 10" CL 150 PVC (OR18) LF 579 $32.00 10" Gate Valve & Valve Box EA 1 $1,880.00 Fire Hvdrant Assembly Complete EA 1 $4,000.00 Single Water Service w/ Meter EA 1 $467.77 Double Water Service w/ Meter EA 4 $1,010.00 Tie into Existing EA 1 $1,700.00 Permanent Automatic Flushinq Device EA 1 $7,500.00 10' TemporarY Blow-off w/ BSP EA 1 $1,000.00 SUBTOTAL WASTEWATER SYSTEM DESCRIPTION UNIT QTY UNIT PRICE Manhole 8'-10' cut EA 2 $5,100.00 Manhole 10'-12' cut EA 1 $6,205.00 8' PVC (SOR 26) 8'-10' cut LF 394 $32.00 8' PVC {SOR 26) 10'-12' cut LF 260 $36.34 6" Double Services w/ Cleanouts EA 5 $723.35 Connect to Existing EA 1 $775.00 Television Inspection LF 654 $1.25 SUBTOTAL IRRIGATION SYSTEM DESCRIPTION I UNIT I QTY UNIT PRICE 6" CL 150 PVC (DR18) I LF I 593 $15.36 SUBTOTAL January 2016 PAGE 2 OF 2 TOTAL PRICE $1,500.00 $902.00 $7,474.00 $11,515.29 $6,180.00 $1,850.75 $2,200.00 $31,622.04 TOTAL PRICE $18,528.00 $1,880.00 $4,000.00 $467.77 $4,040.00 $1,700.00 $7,500.00 $1,000.00 $39,115.77 TOTAL PRICE $10,200.00 $6,205.00 $12,608.00 $9,448.40 $3,616.75 $775.00 $817.50 $43,670.65 TOTAL PRICE $9,108.48 $9,108.48 16.A.12.b Packet Pg. 663 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) RU Sureiy 9025 N. Lindbergh Dr. i Peoria. ll. 61615 Phone: (800)645-2402 I fax: (309)689-2036 www .rlicorp.com K11ow All Men by These Prese11ts: POWER OF ATTORN EY 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 by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Jessica Hollacnder. Jeremy Polk, jointly or severally in the City of Phoenix State of Arizona its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and alJ bonds provided the bond penalty does not exceed Twenty Five Million Dol.lars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI lnsurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ V'-'j""c"'-e_.P_.r"'-es,..i,.,.de"'nwt� with its corporate seal affixed this 9th day of October , 2015 State of Illinois County of Peoria } ss On this _}lili_ day or October , 20 l 5 . before me. a Notary Public, personally appeared Barton W Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer ofihe RLl Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporntion. tF�2c "OffiCIAL SEA � t· ' " i'\JELIC .-IACQUEUNE M. 80CKI.ER ;_�, doMM1ss10N EXP!::'"'�-_ .. '{j)j(J;ij/)2011� RLI Insurance Company By: �; /(/.7:J= Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, <lo hereby certify that ihe at1ached Power of i\ttomey is in foll force and effect and is irrevocable: and furthermore, that the Resolution of the Company as set forth in thePower of Attomev. is now in force. In tcstimonv whereof. I havehercu�'$ set my hand and the seal of the RLI Insurance Companythis __ dayof .January, 2016 . RLl Insurance Company By �; /(/.7:J= Barton W. Davis Vice President A00585l4 16.A.12.b Packet Pg. 664 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) )ss. COUNTY OF FULTON ) This record was acknowledged before me on January 25, 2016, by Bryce Langen, as Assistant Treasurer of Pulte Home Corporation, a Michigan Corporation, who appeared before me and is personally known to me. WITNESS my hand and official seal. �gnature of 16.A.12.b Packet Pg. 665 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) CERTIFlEJ} RESOLUTIONS Olt THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION 1, Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of PULTE HOME CORPORA Tl ON, a corporation authorized and existing under the laws of the State of Michigan; that following is a true copy of the resolutions adopte9 by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said corporation. RESOLVED, that the Land Development Manager(s) of the South Florida Division shall have the following signing authority: General Devel0pment: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that arc relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing (other than periodic reports), guarantees and environment indemnities. STATE OF MICHlG/\N COUNTY 01" O/\KLAND ) ) ) On June 2, 2010, before me, Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known lo me to be the person whose name is sub:;cribed to the; within instrnment and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. � rYWu.�wu,�i-•)/ cc.'_'; __ . · .. Donna Marie Matyanowsk, Notary Public.: fr/ 'l_,\{jTAf: y ·-�·-;, :� Oakland County, Michigan : : ,_,,..,,, �' 0 /25/20 3 -. (.�� /:l>•rq \i� '• My Commission Expires: 5 I \-'_-;;,'· •. _ UD,..,i'-' ;�. �-��::!:· ( ( ��\:·:.. 16.A.12.b Packet Pg. 666 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) ·' . PULTE HOME CORPORATION CERTIFICATE OF INCUMBENCY I, the undersigned ollicer of PULTE HOME CORPORATION, a corporation duly organized tmd existing under the laws of the State of Michigan ("the Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Bo ard of Directors of the Corporation, and that each of the following individuals arc duly acting South Florida division employees of the Corporation, each such individual holding the title set fo11h following such individual's name. 2, 2010. Michael Woolery Michael Hucnikcn Land Development Manager Land Develo pment Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June PULTE HOME CORPORATION, a Michigan corporation 16.A.12.b Packet Pg. 667 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) CERTIFIEQ RESOLUTIONS OF THE BOAR)) OF DIRECTORS OF CENTEX REAL ESTATE CORPORATION I, Jan M. Klym, hereby certity that I am a duly elected and acting Assistant Secretary of CENTEX REAL ESTATE CORPORATION, a corporation authorized and existing tmder the laws of the State of Nevada; that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on JW1e 2, 20 I 0, in accordance with the provisions of the Nevada Revised Statutes; and thal such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said corporation. RESOLVED, that the Land Development Manager(s) of the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenily contractor agreements and all other documents that arc relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT Lo include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing ( other than periodic reports), guarantees and environment indemnities. IN WITNESS WHEREOF, I have here unto set my hand this 2nd day of June, 2010. STATE OF MICH1GAN ) ) COUNTY OF OAKLAND ) ( On June 2, 20 l 0 before me, Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the \•vithin instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. .. ->:,�t-:.�;,_':f/_,--,., :. �-MM.<k \y)�� l/'�inrA;.-;·<:\ · .. Donna Marie Matyanowsk.'i, Nota1y Public:_ , ... \ p {:::•;-. � � :_.-. :-• . , . • .,-,t.vf \ � • " . Oakland County, M1ch1gan \ . .;:, ·-.. ,... .:?} ::: My Commissi.on Expires: 05-/25/2013 ·._ · .. :, ;·•, ..•. �--:�.-5�•··/ . , .. ( .... :-�rr{ \:-.• ...... ,. ·:,.,I/;-,\. LJ,.tti• .� 1•..:••:•'· .,,,._,o1• 16.A.12.b Packet Pg. 668 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) ·' CENTEX REAL ESTATE CORPORATION CERTIFICATE OF INCUMBENCY I, the undersigned officer or CENTEX REAL EST ATE CORPORATION, a corporation duly organized and existing under the laws or the State of Nevada ("the Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, ti.lilt the Corporl:)tion is the sole Managing Partner of CENTEX HOMES, a Nevada general partnership, and that each of the following individuals are duly acting South Florida division employees of the Corporation, each such individual holding the title set forth following such individual's name. Michac! Woolery Michael Hucnikcn Land Development Manager Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2, 2010. ,,,,,, ... 111,,,,,,, .. �... � \:.STA 7'f ,,, ,,, .... �tf. -·········· co_.,;',:. �--� ••• �PO�._._.T,Q� ��lo -9_,.•. o� :�I C, SEAL \ -;P: =a5: 111,�:;u \ : OS -\ \ .• 2007 •. i �i ...... ····••-.•-···· ,� "', '1,' ' , ... ,,,,, �V AO fl-,,,, ... lt1,/J.t.f1t,,l,\ CENTEX REAL ESTATE CORPORATTON, a Nevadt1 corporation 16.A.12.b Packet Pg. 669 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) cilff",County Grou/fr Management Division Planning & Regulation Land Development Services April 6. 2020 RLI Insurance Company 8g5o s. 52'd Dr. ste. 209 Tempe. AZ. 85284 Re: Bond No. CMS289630/ Pulte l-lome Corp. Goll-Club of the Everglades Amenity Center PL20150002440 Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Perlormance Bond may now be reduced by $174.033.41,Ieaving an available security of $28.219.34. The remaining security represents $18.659.34 as the required maintenance security, plus $9,550.00 in uncompleted improvements. An original Bond Rider reducing the value of the Bond should be directed to this office, "all other terms and conditions of original Perlomrance Bond to remain in full force and effect". If I can be olany firrther assistance to 1ou in this regard. please let me know Sincerely. loAx Hot<0dswotlA John R. Houldsri orth Senior Site Plans Revieu'er \d'ith authoritv in these matters xc:Clerk to the Board Engineer of Record Land Da,e6pnEnl s€rvbes. 2800 North Horseshoe Drive . Naples, Floridau104, 239-252-2400 . ww\,!.colliergov.net 16.A.12.b Packet Pg. 670 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) 16.A.12.b Packet Pg. 671 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) POWER OF ATTORNEY RLI Insurance Company Contrrctors Bonding and Insurance Company e025 N. L'ildbTq#a::oria, IL 61615 Know All Men by These Pteaents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving offi cer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Compsny, each an lllinois corPoration, (separately and together, the "Company") do hereby make, conslitute and appoint: Jeremv Polk.atthew Erra. iointlv or lv in the City of IX full power and authority hereby conferred, to sign, bonds and undertakings in an amount not to exceed ( 125,0!l!Xl0!L00-) for any single obligation. , State of ---------&iz9!a- its true and lawful Agent(s) and Attomey(s) in Fact, with caused these presents to be executed by its respectiYe M . 2020 execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all Twentv Fi ve Million Dollars Vice President with its corporate seal aflixed this -!!$- day of The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon the Company as ifsuch bond had been executed and acknowledged by the regularly elected officers ofthe Company. RLI Insurance Company and/or Contractors Bonding and lnsurance Company, as applicable, have each fudher certified that the following is a true andixact copy ofa Resolution adopted by the Board of Directors ofeach such corporation, and is now in force, to-wit: ',All bonds, policies, undertakings, Powers of Attomey or other obligations ofthe corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other offtcers as the Board of Direciors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Facior Ag€nts who shall have authority to issue bonds, policies or undertakings in the name ofthe Company. The corporate seal is not necessary foi the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature ofany such officer and the corporate seal may be printed by facsimile " IN WTTNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and lnsurance Company, as applicable, have .s;\i#ll'i'i..3?., .s;:Joc*ourt''..12i rSn,tli i ''.- 1.. -.j -S """..,.1,*;i1",,:J RLI Insurance Comprny Contrsctors Bonding rnd Insurtnce Company SEAL . By:6 / uC- State of Illinois SS County of Peoria Notary Public Banon w. Davis vice President Corporate Secrctary On this l8th day of March , 2020 , before me, a Notary Public, oersonallvlpoeared Banon W. Davis , who berng by me duly swom. icrno*ledgdd $at he signed the above Power of Atlomey as lhe aforesaid oflicer of ile RLI Insuiance Comprny and/or Contractors Bonding and lnsurence Company and acknowledged said instrument lo be the voluntary act and deed ofsaid oorporatiot. - CERTIFICATE l, the undersigned officer of RLI Insura[ce Company and/or Contrrctors Bonding and Insurrnce Company, do hereby certify that the aftached Powir of Attomey is in full force and effect and is inevocablei and furlhermore, that the Resolution of the Company as set forth in the Power of Attomey, is now in force ln testimony whereof, I have hereunto set my hand and the seal of the RLI tns mnce Comnrnv and/or CotrtractT Bondi2;A$$^nce Company this -!- dat or 4Ca RLI Insursnce ComprDy Contrrctors Bonding and Iosurance Company uts*H qRETCHESL JOfINIGK - :oFfSrAL sEAr' r,'cimillbn EeaE By Gretchen L.lobnigk - - .-.- By Jefhey A0058D19 't I 16.A.12.b Packet Pg. 672 Attachment: Bond Basis (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) RESOLUTION NO. 21- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN GOLF CLUB OF THE EVERGLADES AMENITY CENTER ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 60, PAGES 47 THROUGH 48, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 12, 2016, approved the plat of Golf Club of the Everglades Amenity Center for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Golf Club of the Everglades Amenity Center, pursuant to the plat thereof recorded in Plat Book 60, pages 47 through 48, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Golf Club of the Everglades Amenity Center will be maintained privately in the future and will not be the responsibility of Collier County. [Space Intentionally Left Blank] [21-EIS-04432/ l 607077 /2] Page 1 of 2 16.A.12.c Packet Pg. 673 Attachment: Resolution (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) This Resolution adopted after motion, second and majority vote favoring same, this __ day of ______ , 2021. DATE: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney (21-EIS-04432/ I 607077 /2] BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _____________ _ Penny Taylor, Chairman Page 2 of2 16.A.12.c Packet Pg. 674 Attachment: Resolution (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) 16.A.12.dPacket Pg. 675Attachment: Plat Map (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center) 16.A.12.dPacket Pg. 676Attachment: Plat Map (15210 : Final Acceptance - Golf Club of the Everglades Amenity Center)