Backup Documents 03/23/2021 Item #16A7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Board meeting.
*.*1YEW** KOMING..SLW
Complete routing lines#1 through#2 as appropriate for additional signatures,dates.and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
D Li•Z.7-2r
4. BCC Office Board of County �1
Commissioners ` r
5. Minutes and Records Clerk of Court's Office 114,0
5/ga a( a.'sSet
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 3/23/21 Agenda Item Number 16A7
Approved by the BCC
Type of Document Plat Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MN
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. MN
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE. p
Some documents are time sensitive and require forwarding to Tallahassee within a certain 9�
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/23/21 and all changes made during p
the meeting have been incorporated in the attached document. The County V V1
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the Q
BCC,all changes directed by the BCC have been made,and the document is ready for the o e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**MEW**,.ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County 5-3
Commissioners }
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Melissa Nute Phone Number x-2361
Contact/ Department
Agenda Date Item was 3/23/21 Agenda Item Number 16A7
Approved by the BCC
Type of Document CMA&Performance Bond Number of Original
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? MN
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. MN
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the MN
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 3/23/21 and all changes made during
the meeting have been incorporated in the attached document. The County Vto
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the .6')e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A 7
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this day of (\?M f_.. , 20.2 1 between Pulte Home Company, LLC
hereinafter r ferred to as "Developer", and Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Del Webb Naples Parcels 205-208
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: all required improvements
within 36 months from the date of approval said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $1,085,195.53 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 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 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 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 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 designee to inspect the required
improvements. The County Manager or 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.
16A 7
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 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
designee. The County Manager or 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 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 /7 day of f?1.t L , 20,2 ( .
SIGNED IN THE PRESENCE OF: (Name of Entity)
Pulte Home Company, LLC
Witness:
a/(0\avi../L
Printed Name:
3ircig_ Michael Hueniken, Vice President - Land Development
Witness: Printed Name/Title
2 (President, VP, or CEO)
(Provide Proper Evidence of Authority)
Pri ed N e:
/ ✓�J 7/6'Cj eA yc
ATTEST:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
/�1 OF
"
c OI eiER COUNTY RI
l -
By: C 33 tO Cha;i ?ati% By:
Deputy Clerk Penn' Tay ay , Chair an
Approved as to form and legality:
_Derek D. Perry
Assistant County Attorney
16A 7
EXHIBIT "A"
PERFORMANCE BOND
80ND NO. 59BSBIP3143
KNOW ALL PERSONS BY THESE PRESENTS:that
Pulte Home Company, LLC (Name of Owner)
24311 Walden Center Dr,Suite 300 (Address of Owner)
Bonita Springs,FL 34134 (Address of Owner)
(Hereinafter referred to a "Owner")and
Hartford Fire Insurance Company (Name of Surety)
One Hartford Plaza (Address of Surety)
Hartford,CT 06155 (Address of Surety)
888-266-3488 (Telephone Number)
(hereinafter referred to as "Surety")are held and firmly bound.unto Collier County, Florida, (hereinafter
One Million Eighty Five Thousand
referred to as "County") in the total aggregate sum of One Hundred Ninety Five and 53/100 Dollars
($ 1,085,195.53 ) 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 Del Webb-Parcels 205-208 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 sha'l
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
16A 7
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
29th day of March, / 2021 /
WITNESSES: (Owner Name and Title if Corporation)
Pulte Home Company,LLC
`' By.
Pr�i #ed Nam Printed Name/Title D. Bryce Langen,VP&Treasurer
1'urrYrILL • k ± ,7.22
', (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF 0 PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 29th day of March/
20 21 , by D. Bryce Langen (NAME OF ACKNOWLEDGER) AS VP&Treasurer
(TITLE) OF Pulte Home Company,LLC (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME,OR HAS PRODUCED/,ppersonally known AS IDENTIFICATION.
Notary Public—State of SHIRLEYbee /
atet—,
(SEAL) E HUTCHINS
Notary Public-State of Georgia
Shirley E. Hutchins Fulton County
My Commission Expires Mar 18.2022
Printed Name
WITNESSES: (Surety Name and Title if Corporation)
Hartford Fire Insurance Company
4
Printed Name Pried Name(Tit)e-:
Matthew Erra • Jeremy Polk,Attorney-in-Fact
(Provide Proper Evidence of Authority)
ted Name —i
L Jenna Buchanan
16A 7
executed this .2 1i1- day of aA , 2021.
Pulte Home Company, LLC
PRINCIPAL
iat
BY: D. ryce Lang�n, VP & Treasurer
Notary Attached
16A 7
ACKNOWLEDGEMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF ❑ PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 29th day of March/
20 21 , by Jeremy Polk (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF Hartford Fire Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME,OR HAS PRODUCED personally known AS IDENTIFICATION.
Notary Public—State of 14-6�1 1044•�
(SEAL) __
:IC-0 TMICHAEL BUCHANAN0NOTARY PUBLIC-ARIZONA
Scott Michael Buchanan ✓/ --1 MARICOPgCOUNTY
/// - g� COMMISSION#558379
Printed Name Ate MY COMMISSION EXPIRES
FEBRUARY 14,2023
16A
Direct Inquiries/Claims to:
THPOWER OF ATTORNEY HARTFORD
BOND,T-12
One Hartford Plaza
Hartford,Connecticut 06155
Bond.Claims at7thehartford.corn
call:888-266-3488 or fax 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SVCS NATIONAL INC
Agency Code: 59-300168
nH• artford Fire Insurance Company,a corporation dub organized under the Ialls ofthe State ofConnecticut
r -1 Hartford Casualty Insurance Company,a corporation duly organized under the lases of the State of Indiana
F---i H• artford Accident and Indemnity Company,a corporation duly organized under the laecs of the State of-Connecticut
nHartford Underwriters Insurance Company,a corporation dui) organized under the lays of the State of Connecticut
1-1 T• win City Fire Insurance Company,a corporation dul) organized under the falls of the State of Indiana
nHartford Insurance Company of Illinois,a corporation duly organized under the falls of the State of Illinois
r-1 Hartford Insurance Company of the Midwest,a corporation dub organized under the lays of the State of-Indiana
Hartford Insurance Company of the Southeast,a corporation dole organized under the Ialts of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of Unlimited
Matthew Erra, Jeremy Polk of PHOENIX, Arizona
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6,2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.0.3.4.1,::,,, ,,,,--„...
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John Gray,Assistant Secretary M. Ross Fisher.Senior Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD )))
On this 5th day of January,2018, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
tom..
•:)Jurj,
4.
Kathleen I.A la)nard
\ouu, Public
CERTIFICATE \h Commission I.\pires 1ul' 3 I._u_'I
I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of March 29th, 2021
Signet and sealed at the City of Hartford.
c` "'"•' & VJ
�1 i 1l aVr M1°#9rit, �'`♦nroo••: • ♦••ea► c'c fyg0 . •^s ra7y
4 V "ti'I. I9T9 A
•
Kevin Heckman,Assistant Vice President
;4 1,1_'I,IN