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Agenda 5/23/2023 Item #16A2 (Resolution - Final plat of Winding Cypress Phase 3 PL20170003951)16.A.2 05/23/2023 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Winding Cypress Phase 3, Application Number PL20170003951, and authorize the release of the maintenance security in the amount of $596,197.27. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure improvements associated with the subdivision, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On February 19, 2020, the Growth Management Community Development Department granted preliminary site acceptance of the roadway and drainage improvements in Winding Cypress Phase 3. 2) The roadway and drainage improvements are private and 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 Community Development Department inspected the improvements on March 23, 2023, 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 10.02.05.0 of the Land Development Code. A copy of the resolution is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowner's association. The existing security in the amount of $596,197.27 will be released upon Board approval. The original security in the amount of $3,701,985 has been reduced to the current amount of $596,197.27 based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated November 8, 2018. 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. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Winding Cypress Phase 3, Application Number PL20170003951, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. Prepared by: Lucia S. Martin, Project Manager I, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) Packet Pg. 277 16.A.2 05/23/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 25210 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Winding Cypress Phase 3, Application Number PL20170003951, and authorize the release of the maintenance security in the amount of $596,197.27. Meeting Date: 05/23/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 04/10/2023 12:52 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 04/ 10/2023 12:52 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management and Community Development Department Diane Lynch Transportation Management Operations Support Evelyn Trimino Operations & Regulatory Management Michael Stark Additional Reviewer Growth Management and Community Development Department Jaime Cook Development Review Brett Rosenblum Additional Reviewer County Attorney's Office Derek D. Perry Level 2 Attorney Review Growth Management and Community Development Department James C French Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 04/11/2023 10:13 AM Growth Management DepartmentCompleted 04/11/2023 11:04 PM Additional Reviewer Completed 04/12/2023 9:32 AM Completed 04/17/2023 9:08 AM Division Director Completed 04/21/2023 4:46 PM Completed 04/24/2023 9:21 AM Completed 04/24/2023 4:03 PM Growth Management Completed 04/25/2023 9:35 AM Completed 04/25/2023 9:48 AM Completed 04/27/2023 10:39 AM Completed 04/28/2023 9:49 AM Completed 05/10/2023 4:02 PM 05/23/2023 9:00 AM Packet Pg. 278 16.A.2.a WINDING CYPRESS PHASE 3 Lely Maples Manor Lely Resort 4� PROJECT LOCATION Old Marco Junct ion -. LOCATION MAP 0. c 0 ca u 0 J r C N E L V c� a Packet Pg. 279 16.A.2. b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into thisE�day of 20 N4,between DiVosta Homes, L.P. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A. 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: Winding Cypress Phase 3 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: Roadways, Drainage , Utilities, and other infrastructure 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 $3,701,985 - 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 y 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 m County Land Development Code. c m 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 E 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 r Manager's approval of the improvements. However, in no event shall the County Manager or his a 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. Packet Pg. 280 16.A.2. b 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 9�AVN day of 1 •re--s-.l-w-ki 20 SIGNED IN THE PRESENCE OF: (Name of Entity) I_�1�1pS'r4 tiOMEt By: Printed Name L ,. N'CgAil, 91/9NieE-IJ, VP or ! AtD Printed Name/Title (President, VP, or CEO) /CZ (Provide Proper Evidence of Authority) Printed Name ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller BOARD F C NT I ERS OF C LIE TY, FARO` By: -- Deputymestas t N Wn's By: rM Aga 5 0l ,'S Appr4*g {efO*artd4egality: Assistant County Attorney Scott A. Stone Packet Pg. 281 16.A.2. b PERFORMANCE BOND BOND NO.SNN4002061 KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta Homes, L.P. 24311 Walden Center Drive, Suite 300 Bonita Springs, FL 34134 (Hereinafter referred to as "Owner") and Nationwide Mutual Insurance Company 77 (Name of Surety) Z5U°6ieenwic�itiee 37th Fl. (Address of Surety) New York NY 10007 (Address of Surety) 888-800-0147 (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 Three Million Seven Hundred One Thousand Nine Hundred Eighty Five Dollars ($3,701,985) 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 rn the Board of a certain subdivision plat named Winding Cypress Phase 3 and that certain subdivision cu shall include specific improvements which are required by Collier County Ordinances and Resolutions m (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date c this Bond is executed and shall continue until the date of final acceptance by the Board of County m Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). °' E 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 Q 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 Packet Pg. 282 16.A.2. b 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 8th day of August 20 18 (Owner Name and Title if Corporation) DiVosta Homes, L.P. Jean Marusak By. -- Printed Name Printed Name/Title D. Bryce Langen, VP & Treasurer Witness: (Provide Proper Evidence of Authority) BY: Witt edame J. Nicholas Sarris, Treasury Analys ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF FnTON THE FOREGOING PERFORNIANQE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF August 8 20 2018 by UnREX"(NAME OF ACKNOWLEDGER) AS VP & Treasurer (TITLE) OF DiVosta Homes, L.P.' (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED KNOWN AS IDENTIFICATION. Notary Public — State of GEORGIA (SEAL) ` _ HUTCHINS ;r :late of Georgia tk My Cnmm,SS1cn cx ;^.. 1 a. 2022 Pri ed Name S irley E. Hutchins SURETY ACKNOWLEDGEMENT hiITNER Surety Name and Title if Corporation) Nationwide Mutual Insurance Company i Jean Marusak Printed Name Printed Name/Title Gregory S. Rives, Attorney —in —Fact 7 i (Provide Proper Evidence of Authority) Printed Name Witness Ross Ripple, Treasury Analyst l By: Packet Pg. 283 16.A.2.b NOTARY ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF August 8 ZD 18 , by Gregory S. Rives. (NAME OF ACKNOWLEDGER) AS Attorney —in —Fact (TITLE) OEtNat onwi F Mutual (NAME OF ncuran�P rnn= ans� COMPANY) WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED KNOWN AS IDENTIFICATION. Notary Public —State of GEORGIA (SEAL) I., P inted Name ihirley E. Hutchins Packet Pg. 284 10135c_ 16.A.2.b Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to as the "Company" and does hereby make, constitute and appoint: James Ossowski, James Zeumer, Brien O'Meara, Daniel Bryce Langen, Kelly Marie Conlon, Ellen Padesky Maturen, Jean Marusak, Kelly Yoakam, Kim Hill, Ross Irwin, Gregory S. Rives each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalfany and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of $7,500,000 and to bind the Company thereby, as fully and to the same extent as if 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 confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: M d in "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fad of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, rl memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding N positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, y with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority Q of other duty authorized agents to sign and countersign any of said documents on behalf of the Company." U "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all 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 Company thereto; provided, however, that 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 directors of the Company Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign y or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in v addition to the chairman of the board, the chief executive officer, president, treasurer or secretary, provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. Q O IN WITNESS WHEREOF, the Company has caused this instr a to seal and duly attested by the signature of L) its officer the 111 day of May, 2017. Q C Antonio C Albanese, Vice President of Nationwide Mutual Insurance Company LL 0 t 61 IrLv ACKNOWLEDGMENT CIAw in cP STATE OF NEW YORK, COUNTY OF NEW YORK: ss ofnnr 10 On this 1 st day of May, 2017, before me came the above -named officer for the Company inaforesaid, to me personallyknown to be the officer described in and who executed the rn preceding instrument, and he acknowledged the execution of the same, and being by me M SFAS b duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the • Ohio * seal affixed hereto is the corporate seal of said Company, and the said corporate seal and Un . his signature were duly affixed and subscribed to said instrument by the authority and O direction of said Company. m BARRY T. BASSIS-a�-i.7 Notary Public, State of New York E No. 02BA4656400 Notary Public v Qualified in New York County My Commission Expires w Commission Expires April 30, 2019 April 30, 2019 Q CERTIFICATE I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors, and the foregoing power of attorney is still in full force and effect. N WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed he corporate seal of said Company this day of �,5-1— , 201 Assistant Secretary Packet Pg. 285 CERTIFICATE OF INCUMBENCY PULTEGROUP, INC. 16.A.2. b The undersigned hereby certified that he is a duly elected and qualified officer of PulteGroup, Inc., a Michigan corporation ("Company'). The undersigned further certifies that below is a list of names, titles, and true signatures of authorized employees, all of whom have sole authority to sign applications for letters of credit on behalf of the Company and its subsidiaries in connection with letters of credit facilities and to sign surety bonds on behalf of the Company in connection with surety arrangements: Name Title Ellen Padesky Maturen Vice President, Deputy General Counsel, and Secretary D. Bryce Langen Vice President and Treasurer James L. Ossowski Senior Vice President - Finance James Zeumer Vice President - Investor Relations Brien O'Meara Vice President and Controller Jean Marusak Senior Risk Manager Gregory S. Rives Assistant Treasurer Kimberly M. Hill Vice President —Tax KellyMarie M. Conlon Assistant Secretary Ross Irwin Assistant Secretary Chandler Voiles Assistant Secretary Eric Fratter Assistant Secretary Dated as of l/ ed1)�j U� Signature i 1 c1 � i L-t--�- r f Todd N. Sheldon Executive Vice President, General Counsel, and Corporate Secretary Packet Pg. 286 16.A.2.b ENGINEERING State of Florida Business Certificate No. EB-0007663 Winding Cypress Phase 3 Preliminary Engineer's Opinion of Probable Costs SUMMARY (S) SANITARY SEWER SUB -TOTAL (W) POTABLE WATER SUB -TOTAL (D) STORM DRAINAGE SUB -TOTAL (P) PAVING AND GRADING SUB -TOTAL (L) LIGHTING SUB-TOTAL13) (L) LANDSCAPING & IRRIGATION SUB-TOTAL(2) PPL Fee Calculations for Utility Construction 0.75% for Construction Document Review 2.25%for Construction Inspection ESTIMATED UTILITY CONSTRUCTION COST ESTIMATED SITE CONSTRUCTION COST TOTAL W/ AN ADDITIONAL 10% Due at Due at Permit Submittal Approval $8,913.08 $26,739.24 $749,168.76 $439,242.00 $1,188,410.76 $991,209.84 $983,780.71 $123,500.00 $78,539.20 $2,177,029.75 $3,701,985 PPL Fee Calculations for Site Construction li 0.75% for Construction Document Review $16,327.72 2.25% for Construction Inspection $48,983.17 0 N LO TOTAL PPL FEE BASED ON OPC $25,240.80 $75,722.41 N N Note: fn R 1. This Engineer's Opinion of Probable Cost represents the estimated cost for constructing the above listed m infrastructure for Winding Cypress (RWA, Inc. File No. 020054.00.02 ). Digitally signed by Keisha M. Westbrook P.E- O 2. Landscaping & Irrigation Cost Estimate provided by Outside Productions Inc 65023 State of Florida DN: cn=Keisha M. Westbrook RE 65023 State of m _ Florida, o=Printed copies of the document are 3. Lighting Cost Estimate provided by Land Consult, LLC not considered signed and sealed and all SHA-1authentication code must be verified on any - - electronic copies., ou=The item has been E electronically signed and sealed using a SHA-1 authentication codes and, email=kwestbrook@consult-rwa.com,c lJS Date: 2018.11.01 13:74:07 -04'00' r RWA, Inc. 6610 Willow Park Drive, Ste 200 Naples, Florida 34109 4983 Royal Gulf Circle Fort Myers, Florida 33966 Phone: (239) 597-0575 Fax: (239) 597-0578 Keisha M. Westbrook, P.E. #65023 Q 11/1/2018 Packet Pg. 287 16.A.2.b ENGINEERING State of Florida Business Certificate No. EB-0007663 Preliminary Engineer's Opinion of Probable Costs Project: Winding Cypress Phase 3 Date: April13,2018 Estimated By: RU Checked By: KMW SANITARY SEWER IDESCRIPTION I UNIT I QUANTITY I I UNIT TOTAL COST S-1 8" PVC Sanitary Sewer Main (0'-6' Cut) LF 1,435 $35.00 $50,227.80 S-2 8" PVC Sanitary Sewer Main (6'-8' Cut) LF 1,472 $45.00 $66,243.15 S-3 8" PVC Sanitary Sewer Main (8'-10' Cut) LF 1,553 $55.00 $85,404.00 S-4 8" PVC Sanitary Sewer Main (10'-12' Cut) LF 1,380 $65.00 $89,709.10 S-5 8" PVC Sanitary Sewer Main (12'-14' Cut) LF 414 $75.00 $31,027.50 S-6 8" PVC Sanitary Sewer Main (Over 14' depth) LF 949 $76.00 $72,130.08 S-6 4' Diameter Manhole (0'-6' Depth) EA 5 $5,000.00 $25,000.00 S-7 4' Diameter Manhole (6'-8' Depth) EA 6 $5,500.00 $33,000.00 S-8 4' Diameter Manhole (8'-10' Depth) EA 4 $6,500.00 $26,000.00 S-9 4' Diameter Manhole (10'-12' Depth) EA 5 $8,000.00 $40,000.00 S-10 4' Diameter Manhole (12'-14' Depth) EA 2 $9,000.00 $18,000.00 S-11 4' Diameter Manhole (Over 14' Depth) EA 4 $9,001.00 $36,004.00 S-11 Drop Manhole Connection EA 1 $4,000.00 $4,000.00 S-12 Sewer Lateral (Double) EA 92 $900.00 $82,800.00 S-13 Sewer Lateral (Single) EA 17 $600.00 $10,200.00 S-14 Television Inspection LF 6,254 $2.50 $15,634.48 S-15 Rock Excavation LF 1,876 $34.00 $63,788.66 Sanitary Sewer Sub -Total $749,168.76 T Q KA2002\020054.00.02 Winding Cypress PH 3 PPL, ERP\001 Engineering Design, Plan & Permit Approvals\Calculations\Quantities\2018.04-13 OPC 4/13/2018 Sanitary Sewer Packet Pg. 288 16.A.2.b ENGINEERING State of Florida Business Certificate No. EB-0007663 Preliminary Engineer's Opinion of Probable Costs Project: Winding Cypress Phase 3 Date: April 13,2018 Estimated By: RU Checked By: KMW POTABLE WATER IDESCRIPTION I UNIT I QUANTITY UNIT I COST TOTAL I W-1 8" PVC Water Main (C-900, DR 18, PC150) LF 3,876 $22.00 $85,272.00 W-2 8" PVC Water Main (C-900, DR 14, PC150) LF 445 $25.00 $11,125.00 W-3 10" PVC Water Main (C-900, DR 18, PC150) LF 3,235 $25.06 $81,069.10 W-4 10" PVC Water Main (C-900, DR 14, PC150) LF 35 $30.00 $1,050.00 W-5 8" Gate Valve w/Box EA 5 $1,300.00 $6,500.00 W-6 10" Gate Valve w/Box EA 5 $1,700.00 $8,500.00 W-8 Fire Hydrant Assembly w/Valve EA 16 $4,200.00 $67,200.00 W-9 Permanent Sample Point EA 4 $2,000.00 $8,000.00 W-10 Connect to Existing 10" Valve EA 2 $3,487.95 $6,975.90 W-11 Water Services (Double) EA 76 $1,300.00 $98,800.00 W-12 Water Services (Single) EA 49 $750.00 $36,750.00 W-13 Air Release Valves EA 2 $4,000.00 $8,000.00 W-13 Automatic Flushing Device EA 3 $4,000.00 $12,000.00 W-14 Temporary Gap Configuration EA 2 $4,000.00 $8,000.00 Potable Water Sub -Total $439,242.00 Q K:\2002\020054.00.02 Winding Cypress PH 3 PPL, ERP\001 Engineering Design, Plan & Permit Approvals\Calculations\Quantities\2018-04-13 OPC 4/13/2018 Potable Water Packet Pg. 289 16.A.2. b ,.RM�.., ENGINEERING State of Florida Business Certificate No. EB-0007663 Preliminary Engineer's Opinion of Probable Costs Project: Winding Cypress Phase 3 Date: April13,2018 Estimated By: RU Checked By: KMW STORM DRAINAGE DESCRIPTION I UNIT I QUANTITY I UNIT I TOTAL COST D-1 10" HDPE Yard Drain Pipe LF 3,728 $28.68 $106,919.04 D-2 15" RCP Pipe LF 1,661 $35.00 $58,135.00 D-3 18" RCP Pipe LF 1,439 $45.00 $64,755.00 D-4 24" RCP Pipe LF 637 $67.00 $42,679.00 D-5 36" RCP Pipe LF 1,611 $100.00 $161,100.00 D-6 24" RCP Pipe LF 99 $57.00 $5,643.00 D-7 FDOT'C' Inlet EA 8 $3,700.00 $29,600.00 D-8 3' x 4' Valley Gutter Inlet EA 25 $4,000.00 $100,000.00 D-9 FDOT Type 9 Inlet EA 5 $3,700.00 $18,500.00 D-10 Yard Drain EA 33 $1,100.00 $36,300.00 D-11 Control Structure (CS-1) EA 1 $4,200.00 $4,200.00 D-12 Control Structure/Tideflex and pipes at preserve (TF-2) EA 1 $20,000.00 $20,000.00 D-13 15" FES EA 2 $1,000.00 $2,000.00 D-14 18" FES EA 7 $1,200.00 $8,400.00 D-15 24" FES EA 4 $1,250.00 $5,000.00 D-16 36" FES EA 8 $1,750.00 $14,000.00 D-17 Box Culvert (8'W x 4'H) EA 14 $13,500.00 $189,000.00 D-18 Box Culvert (10'W x 5'H) EA 1 $15,000.00 $15,000.00 D-19 Wildlife Crossing (7'W x 5'H) EA 1 $9,000.00 $9,000.00 D-20 Spreader Swale LF 85 $30.00 $2,550.00 D-21 Rock Excavation LF 2,723 $38.00 $103,466.40 Storm Drainage Sub -Total $996,247.44 T Q KA2002\020054.00.02 Winding Cypress PH 3 PPL, ERP\001 Engineering Design, Plan & Permit Approvals\Calculations\Quantities\2018-04-130PC 4/13/2018 Storm Drainage Packet Pg. 290 16.A.2. b ,.RM�,., ENGINEERING State of Florida Business Certificate No. EB-0007663 Preliminary Engineer's Opinion of Probable Costs Project: Winding Cypress Phase 3 Date: April 13,2018 Estimated By: RU Checked By: KMW PAVING AND GRADING DESCRIPTION UNIT I I QUANTITY I UNIT I TOTAL COST P-1 12" Stabilized Subgrade (LBR 40) SY 30,539 $2.50 $76,347.50 P-2 8" Limerock Base (LBR 100) SY 23,519 $9.70 $228,134.30 P-3 3/4" Type S-III ACSC (1st Lift) SY 23,519 $5.20 $122,298.80 P-4 3/4" Type S-III ACSC (Final Lift) SY 23,519 $7.85 $184,624.15 P-5 Concrete Valley Gutter LF 12,166 $9.50 $115,577.00 P-6 Type'D'Curb LF 1,013 $10.70 $10,839.10 P-7 Type'F' Curb LF 2,002 $15.00 $30,030.00 P-9 5' Sidewalk (common areas) LF 12,773 $14.50 $185,208.50 P-10 ADA Curb Ramps EA 10 $286.00 $2,860.00 P-11 Sod (Inside ROW) SY 10,499 $1.99 $20,893.01 P-12 Signing and Striping LS 1 $15,071.35 $15,071.35 P-14 Transition Curb (Valley Gutter to 'F' Curb) LF 10 $20.00 $200.00 P-15 Rip -Rap CY 120 $300.00 $36,000.00 Paving and Grading Sub -Total $1,028,083.71 ?e, r Q K:\2002\020054.00.02 Winding Cypress PHI PPL, ERP\001 Engineering Design, Plan & Permit Approvals\Calculations\quantities\201".13 OPC 4/ 13/2013 Paving & Grading Packet Pg. 291 16.A.2. b Co ler County Growth Management Division Planning & Regulation Land Development Services September 25, 2019 Nationwide Mutual Insurance Company 7 World Trade Center, 371h Floor 250 Greenwich Street New York, NY. 10007 RE: Bond No. SNN4002061/ DiVosta Homes, LP Winding Cypress Phase 3 PL20170003951 Dear Sir or Madam: Please be advised that based on the work completed to date, the referenced Performance Security may be reduced by $2,065,912.00, leaving an available security of $1,636,073.00 The remaining security represents $1,729,368.00 in uncompleted improvements, plus $336,544.00 as the required 10% maintenance security. An original Bond Rider reducing the value of the Performance Bond should be directed to this office, "all other terms and conditions of original Performance Bond to remain in full force and effect". The reduction will become effective upon our receipt of the Bond Rider. If I can be of any further assistance to you in this regard, please let me know. Sincerely, John H Houldsworth Senior Site Plans Reviewer `with authority in these matters' Cc: RWA, Inc. E 3 Land Development Services • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.colliergov.net Packet Pg. 292 16.A.2.b SURETY RIDER Nationwide Mutual Insurance Company To be attached to and form a part of Bond No. SNN4002061 Effective Date: August 8, 2019 Bond Amount: $3,701,985.00 Executed by: DiVosta Homes, LP , as Principal and by: Liberty Mutual Insurance Company , as Surety in favor of: Collier County, Florida (Obligee) Project: Winding Cypress in consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to changing: Decrease Amount: FROM: $3,701,985.00 TO: $1,636,073.00 All other terms and conditions remain the same. This rider is effective: September 24, 2019 Signed and Sealed: October 15, 2019 Principal: _— DiVosta Homes, LP By: (GC c Principal: D. Bryce Langen, VP & Treasurer Surety: Nationwide Mutual Insurance Company By: r ory . Rives, Attorney -in -Fact a Packet Pg. 293 16.A.2. b 1051� Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company. an Ohio corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: James Ossowski. James Zeumer, Brien O'Meara, Daniel Bryce Langen, Kelly Marie Conlon, Ellen Padesky Maturen, Jean Marusak, Kell Yoakam, Kim Hill, Ross Irwin, Gregory S. Rives each in their individual capacity. its true and lawful attorney -in -fact with full power and authority to sign, seal, and execute on its behalf any and all bands and undertakings and other obligatory instruments of similar nature, in penalties rot exceeding the sum of UNLIMITED and to bind the Company thereby, as fu ly and to the same extent as if such Instruments were signed by the duty authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and conh,med. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company "RESOLVED, that the president or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and a'I bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, oolicies, contracts guaranlee:ng the fidelity of persons holding positions of public or private trust, ano other writings obligatory in nature that the business of the Company may require; and to modify o• revoke, with or without cause, any such appolntmert or authority, provided, however, that the authohty granted hereby shad in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company,' "RESOLVED FUl that such attorneys -in -fact shall have full power and autho,ity to execute and deliver any and all such documents and to bind the Company subject to the terns and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall no; be necessary for the validity of any such documents " This power of attorney Is signed and sealed under and by the following bylaws duty adopted by the board of directors of the Company Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts. or other papers in conreclion with the operation of the business of the company in addition to the chairman of the board the chief executive officer, president, treasurer or secretary, provided, however, the signature of any of [hem may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 271" day of February. 2019 4�� 6 e�c_ An:onio C. Albanese. Vice President of Natiorwide Mutual insurance Company ACKNOWLEDGMENT to I,at`uu,f, A STATE OF NEW YORK, COUNTY OF NEW YORK: ss to Cn this 27`h day of February, 2019, before me came the above -named officer for the Company m ,SEAL i, aforesaid, to me personally known to be the officer described in and who executed the preceding ` " "'"" • irslrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes 0 O rp�klii; Ctli and says, that he is the officer of the Company aforesaid, that the seal affixed hereto is the m corporate seal of said Company, and the said corporate seal and his signature were duly affixed �- and subscribed to said instrument by the authority and direction of said Company. N E t s�rlrinec �.ie V 4.1.r PINK, Sul. Pi N-,u Y6r1 1 (Q dul6Uea in welrchrller Caunry :�L' �`-'l f � � �(' ' L" � .Y Q Comr111inn F10-1 is PLIm M,, 16, 2022 voury rualic Aix Cimm xlun U.— kplemCr 16, 1021 CERTIFICATE 1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the orlginal power of attorney Issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner, that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors, and the loregaing power of attorney is still in full force and effect- 5 IN�MS WHEREOF, I have hereunto subscribed my name as Assistant Secretary. and affixed the corporate seal of said Company this �day of Assistant Secretary BDJ 1(02.19)00 This document is void if VOID appears in the BLUE line on the right, the Nationwide watermark is missing from the center of the page and'or the red consecutive number is missin right-hand corner. Contact us at 212-329-6900 if this document is void or if you have any questions, Packet Pg. 294 16.A.2. b ACKNOWLEDGEMENT BY SURETY STATE OF GEORGIA) COUNTY OF FUL TON) This record was acknowledged before me on October 15, 2019, Gregory S. Rives, as Attorney -in -Fact of Nationwide Mutual Insurance Company, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me. WITNESS my hand and official seal SHIRLEY E HUTCHINS Notary Public - State of Georgia Fulton County ffy Dmimission Expires Mar 18, 2022 ignatu a of Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 a Packet Pg. 295 16.A.2. b ACKNOWLEDGEMENT BY PRINCIPAL S TA TE OF GEORGIA) COUNTY OF FULTON) This record was acknowledged before me on October Bryce Langen, VP & Treasurer of DiVosta Homes, LP, to me on the basis of satisfactory evidence to be th appeared before me and is personally known to me. WITNESS my hand official seal. Signatur6 of Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: March 18, 2022 e 15, 2019, D. who provided person who SHIRLEY E HUTCHINS Notary Puilic - State of Geuga Fulton County fry Dmirriss+on Expires f "ar 18 2022 T a Packet Pg. 296 16.A.2.b Coffer County Growth Management Division Planning & Regulation Land Development Services March 25, 2020 Nationwide Mutual Insurance Company 7 World Trade Center, 371h Floor 250 Greenwich Street New York, NY. 10007 RE: Bond No. SNN4002061/ DiVosta Homes, LP Winding Cypress Phase 3 PL20170003951 Bond reduction #2 Dear Sir or Madam: Please be advised that based on the work completed to date, the referenced Performance Security may be reduced by $1,039,875,73, leaving an available security of $596,197.27 The remaining security represents $130,826.65 in uncompleted paving improvements, plus $336,544.00 as the required 10% maintenance security. An original Bond Rider reducing the value of the Performance Bond should be directed to this office, "all other terms and conditions of original Performance Bond to remain in full force and effect". The reduction will become effective upon our receipt of the Bond Rider. If I can be of any further assistance to you in this regard, please let me know. N A y M m Sincerely. C O ,JOAM "O"edswortA m c d John R Houldsworth Senior Site Plans Reviewer .with authority in these matters' a Cc: RWA, Inc. Land Development Services • 2800 North Horseshoe Drive • Naples. Flonda 34104. 239-252-2400 • www.coiliergov.r. Packet Pg. 297 16.A.2.b SURETY RIDER Nationwide Mutual Insurance Company_ To be attached to and form a part of Bond No. SNN4002061 Effective Date: August 8, 2019 Current Bond Amount: $1,636,073.00 Executed by: DiVosta Homes, LP , as Principal and by: Nationwide Mutual Insurance Company , as Surety in favor of: Collier County, Florida (Obligee) Project: Winding Cypress in consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to changing: Decrease Amount: From: $1,636,073.00 To: $ 596,197.27 All other terms and conditions remain the same. This rider is effective: March 25, 2020 Signed and Sealed: March 26, 2020 Surety: Nationwide Mutual Insurance Company By: — a#111 A= - Surety: Jrep"CiqUo, Attorney -in -Fact Packet Pg. 298 16.A.2. b Power- of Attorney KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, an Ohio corporation hereinafter referred to as the "Company" and does hereby make, constitute and appoint: Mary E Corley. Peter S. Forker. Tammy L Whicker Jeffrey S Ciecko. Stephanie C Anderson each in their individual capacity. its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as if 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 confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: c" m rn "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact of t the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, Il memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies. contracts guaranteeing the fidelity of persons holding rn positions of public or private trust, and other wridngs obligatory in nature that the business of the Company may require; and to modify or revoke, (n with orwithout cause, anysuch appointment or authority; provided, however, thatthe authority granted hereby shall in no way limit the authority Q. of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." U "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all 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 Company thereto; c provided. however, that said seal shall not be necessary for the validity of any such documents." C This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company 2� Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts. or other papers in connection with the operation of the business of the company in 0 addition to the chairman of the board, the chief executive officer, president, treasurer or secretary, provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. Q. at IN WITNESS WHEREOF, the Company has caused this instr a to seal and duly attested by the signature of its officer the 1" day of May.201T Q 71 C a7ntnnin C alhanese Vice President of Nationwide Mutual Insurance Comoanv LL Dual IrLy� t ACKNOWLERGMENT O LO r5� STATE OF NEW YORK, COUNTY OF NEW YORK: ss ry On this 1st day of May, 2017, before me came the above -named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the being by rn w preceding instrument, and he acknowledged the execution of the same, and me m SF1Lt b duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the * Ohio * seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. m BARRY T_ BASSIS Notary Public, State of New York No. 02BA4656400 Notary Public Qualified in New York County My Commission Expires r�C Commission Expires April 30, 2019 April 30. 2019 Q CERTIFICATE I, Laura S. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company, that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officerwere duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary. and affixed he corporate seat of said Company this a�day of M(n lam, 2020. Assistant Secretary Packet Pg. 299 16.A.2. b Nationwide is on your side SURETY BOND SEAL ADDENDUM Nationwide Mutual Insurance Company Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Nationwide Mutual Insurance Company has authorized its Attorneys -in -Fact to affix Nationwide Mutual Insurance Company's corporate seal to any bond executed on behalf of Nationwide Mutual Insurance Company by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of Nationwide Mutual Insurance Company by its Attorney -in -Fact, Nationwide Mutual Insurance Company hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal was physically affixed to the face of the bond. -IJ i Dated this Z'day of 7r l 2020. Nationwide Mutual Insurance Company • SF.AI. � / •1 .% .. AV ara� r By AntoniO/C . Albanese, Vice President — Surety Nationwide Mutual Insurance Company Packet Pg. 300 16.A.2. c RESOLUTION NO.23- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN WINDING CYPRESS PHASE 3, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 65, PAGES 23 THROUGH 31, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 26, 2018, approved the plat of Winding Cypress Phase 3 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 and plat dedications in Winding Cypress Phase 3, pursuant to the plat thereof recorded in Plat Book 65, pages 23 through 31, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Winding Cypress Phase 3 will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2023. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK M. Deputy Clerk Approved as to form and legality: r\ Derek D. 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