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Agenda 01/10/2023 Item #16A 4 (Resolution - Final acceptance of Final acceptance of the private roadway and drainage imporvements for Del Webb Naples Parcels 203-204)16.A.4 01 / 10/2023 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Del Webb Naples Parcels 203-204, Application Number PL20150001882, and Del Webb Naples Parcel 204, Application Number PL20160001451, and authorize the release of the maintenance securities in the amount of $75,589.96 and $12,368.07, respectively. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision and authorize the release the maintenance security. CONSIDERATIONS: 1) On June 29, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Del Webb Naples Parcels 203-204 and Parcel 204. 2) The roadway and drainage improvements will be maintained by Del Webb Naples Community Association, Inc., and Ave Maria Stewardship Community District. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on October 7, 2022, 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 Del Webb Community Association, Inc., and Ave Maria Stewardship Community District. The existing securities in the amount of $75,589.96 for Del Webb Parcels 203-204 and $12,368.07 for Del Webb Parcel 204 will be released upon Board approval. The original securities have been reduced to the current amounts based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreements dated February 16, 2016, and December 15, 2016, respectively. GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as development guarantees and are released after work is performed. 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 Del Webb Naples Parcels 203-204, Application Number PL20150001882, and Del Webb Parcel 204, Application Number PL20160001451, 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 securities. Prepared by: Lucia S. Martin, Project Manager I, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis - Parcels 203-204 (PDF) 3. Bond Basis - Parcel 204 (PDF) 4. Resolution (PDF) 5. Plat Map - Parcels 203-204 (PDF) 6. Plat Map - Parcel 204 (PDF) Packet Pg. 492 16.A.4 01/10/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doc ID: 24017 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Del Webb Naples Parcels 203-204, Application Number PL20150001882, and Del Webb Naples Parcel 204, Application Number PL20160001451, and authorize the release of the maintenance securities in the amount of $75,589.96 and $12,368.07, respectively. Meeting Date: 01/10/2023 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 11/29/2022 2:03 PM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 11/29/2022 2:03 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Growth Management Development Review Brett Rosenblum Growth Management Department Engineering & Natural Resources Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Diane Lynch Growth Management Department Jack McKenna Additional Reviewer Jaime Cook Division Director James C French Growth Management Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Additional Reviewer Completed 11/29/2022 3:05 PM Additional Reviewer Completed 12/05/2022 4:50 PM Completed 12/08/2022 3:13 PM Completed 12/08/2022 4:04 PM Completed 12/09/2022 8:22 AM Completed 12/09/2022 7:17 PM Completed 12/27/2022 10:30 AM Completed 12/27/2022 10:47 AM Completed 12/28/2022 9:01 AM Completed 12/28/2022 9:43 AM Completed 12/28/2022 10:23 AM 01/10/2023 9:00 AM Packet Pg. 493 16.A.4.a DEL WEBB NAPLES PARCELS 203 — 204 and PARCEL 204 /NORTH f 'V A PIES - IMMOKALEE ROAD (C.R. 846) , '"PROJECT ,LOCATION Tt LU s r i i t OIL WELL ROAD LOCATION MAP Packet Pg. 494 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 16th day of February, 2016betvveen Pulte Home Corporation hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred toasthe "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ofcertain plat ofasubdivision tobeknown as:� Del Webb wapiespan*ls�»»-2o4 B. Chapters 4 and 10 of the Collier County Land Development [ode requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction ofthe 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 tobeconstructed: Roadway, drainage, water & sewer imp/ovements Within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred toasthe required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made part hereof) inthe amount of $500,029.86 -vvhich amount represents 1096 of the total contract cost to complete the construction plus 100Y6 of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier 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 such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to he reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. I Packet Pg. 495 16.A.4. b 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. 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. & 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 of 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. Z of 3 Packet Pg. 496 16.A.4.b IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this L- $ may of 14JZ ALy r12016. SIGNED IN THE PRESENCE OF (Name of Entity) Pulte Home Corporation 09 By: By: o q n Printed Name: Ica n a �� Printed Name/Title: Michael Hueniken, Land Development Manager C By: (Provide Proper Evidence of Authority) Printed Name: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:- C)VC By: D rlil 'S DONNA FIALA, CHAIRMAN signaturev4 Approved as to.focxnn and legality: Scott A. Stone, Assistant County Attorney 3 of 3 Packet Pg. 497 16.A.4. b C:ERTIEII Q11ESOLUTIONS OFTHE BOARD OF DIRECTORS OF PULTE HOME CORPORATION I, Jan M. Klym, hereby certify that 1 am a duly elected and acting Assistant Secretary of PUL E HOME CORPORATION, a corporation authorized and existing under the laws of the State of Michigan; 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 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. RE'SOLVI3ll, 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, amenity contractor agreements and all other documents that are 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. IN WI"INESS WHERE -OF, I have hereunto set my hand this 2nd day of June, 2010. r .ate,,, Jan M. IClym, As 64Secreiae} 0- r� x v r> STA'rE OF MICIIIGAN )/ > COUNTY Ol' OAKLAND ) On June 2, 2010,.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 within 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. WITNI-SS my hand and official seal. Donna Marie Matyanowsk , Notary Public ; Yr '# I- � Oakland County, Michigan .,a< My Commission Expires; 05/25/201� Packet Pg. 498 16.A.4. b PUL:TE HOME COItPOItAT ION CI+,RTIFICATE OF INCUMBENCY I, the undersigned officer of PULTE HOME CORPORATION, a corporation duly organized and 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 Board of Directors of the Corporation, 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. Name Title Michael Woolely Land Development Manager Michael I-lueniken land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2, 2Q t 0, Puum HOME CORPORATION, a Michigan corporation By: n M. Klym, Assistant Se e ary r 8 Fi. M�a s itli3eeY�'rts: Packet Pg. 499 16.A.4. b CI RTIFIEQ RESOLUTIONS OF TIIE BOARD OF DIRECTORS OF CENTEX 1ZEAL ESTATE CORPORATION 1, Jan M. Klyrn, hereby certify that I am a duly elected acid acting Assistant Secretary of CEN'1'I' X REAL ESTATE CORPORATION, a corporation authorized and existing under 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 June 2, 2010, in accordance with, the provisions of the Nevada Revised Statutes; 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 Development; Applications, tentative and final subdivision plats and naps, 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. IN WITNESS WHEREOF, I have here unto set my hand this 2nd day of June, 2010. � ��' 'Pe pt E Jan M. Klym, Ass' tar Secretary s"SEA � m A STATE OF MICHIGAN ) = "`..,2007 ..-1, Qr ', COUNTY OFOAICi.AND ) ' ;;,A , :011%,�`,, On June 2, 2010,. 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 within 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. WaVE Donna Marie Matyanowski, Notary Public Oakland County, Michigan My Commission Expires- 05/250-013 m,.� 1 -� `r L Iy#{fiskttt il, Packet Pg. 500 16.A.4.b CENTEX REAL ESTATE CORPORATION CER`fIFICATE OF INCUMBENCY I, the undersigned officer of Cl?NTEX REAL, ESTATE CORPORATION, a corporation duly organized and existing snider the laws of the State of Nevada ("the Corporation"), hereby certity that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, that the Corporation 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. Name "Title Michael Wooleiy Land Development Manager Michael l-iueniken Land Development Manager 2, 2010. 1N WI"I"NESS WHEREOF, I have hereunto signed nay name on behalf of the Corporation on June \t���us�nrrrr \`PLSTAT�C'�,a O _? SEAS `�s �'= LU -a - ADP 'r+rrrirriti+t''� CENTEX REAL ESTATE CORPORATION, a Nevada corporation B Z, M. Klym, Assistan Sec tary Packet Pg. 501 16.A.4.b 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 RLI Insurance Company 8950 S. S2" a St., Suite 209 Temps, AZ 85284 480-940-8429 BOND NO. CMS289627 (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 five hundred thousand twenty nine and 86/100 ($500,029.86) 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 Naples Parcels 203-204 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Packet Pg. 502 16.A.4.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 25th day of January, 2016. Principal: Pul ome Corporation By: Bryce Langen, Assistant Treasurer Witness: Gregory S. Rives Witness: Bernard J. Saunders C� ACKNOWLEDGEMENT 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 Horne Corporation WHO 15 PER50NALLY KNOW TO ME. Notary Public - State of GEORGIA (SEAL) Shirley E. HutcVins, Notary Public RLI Insurance Company Surety Jessica Ila —Fact Witne), : —�— ,Reggle Romo Witness: Ka n O'Brien SEE ATTACHED NOTARY 1WA1y EA11C111N 111111ty PMOk FV t e state of Gea MYCcemffssian Expires Apr t7. 2018 Packet Pg. 503 16.A.4. b 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. S)gnature of K16tary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: April 17, 2018 SMW E WTCIiA Mary POW NOW CDWW Do d GeV" Gy CwrrrM Wn EVu" Apr 17,201 Packet Pg. 504 16.A.4. b ACKNOWLEDGEMENT State of Arizona County of Moricopa On 1 /25/2016 before me personally appeared Jessica Hollaender 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) Y Notary Signature JEREMY POLK NOTARY PUBLIC - A NlARiCOPA COUNTY My Commission Expires June 28. 2019 Jeremy Polk My commission Expires June 28th12015 Packet Pg. 505 16.A.4. b KU Surety RLI' 9025 N. Lindbergh Dr. Peoria, It 61615 Phone:(800)645-2402Fax:(309)699-2036 www.rlicorp.com Know AII. fen by These Presents: POWER OF ATTORNEY 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 Hollaender. 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 all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (S25,000,000.00). 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 Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI 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 Vice President with its corporate seal affixed this 9th day off_, 2015 x Zt o01100ft4rF .: L SEAL �t State of Illinois SS County of Peoria On this 91b day of October__, 2QJ , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly swom, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jacque a M Bockler Notary Public A, "OFFICIAL SEAT" K JAC�UE'.IN= M. BOCKLEA ��� COMMtS&4N EXMRE5011tWi8 0250773020212 RLI Insurance Company By: e6 Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attornev is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as se? forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunItset my hand and the seal of the RLI insurance Company this day of January• , 2016 RLI Insurance Company By: fy '— Barton W. Davis Vice President A0058514 Packet Pg. 506 16.A.4. b 1221 Auguest 13, 2015 Notes: 1) This Opinion of Probable Cost (OPC) shall be used for budgeting purposes only. 2) This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC, and may require adjustments to delete, decrease, or increase portions of this OPC. 3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable Increases in the cost of concrete, petroleum, or the availabitity of materials and labor. 0 4) Does not include permit fees or soft costs. 5) Does not include enhanced landscape or hardscape features. Y I I V C j, Brendan D. Sloan, P.E. ae Florida License # 69978 Packet Pg. 507 16.A.4.b C;0111er COUnty Gmwth Management Department Development Review Division June 4, 2019 RLI Insurance Company 8950 S. 52"d St., Ste. 209 Temps, AZ. 85284 RE: Bond No. CMS289627 / Pulte Home Corporation Del Webb at Naples Parcels 203-204. PI.20150001882 Dear Sir or Madam. Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $424.439.90, leaving an available obligation of $75,589.96. The remaining surety represents 100% of the uncompleted improvements, plus, $45,427.26 as the required 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of anv further assistance to you in this regard, please let me know. Sincerely. 090" CNOUMAwctth John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Nik Kasten. E.L. Waldrop Engineering Deve Wat Review Division • M Norte Horseshoe Dwe • W*s. Florida 34104.239.252--2400 • www.cokrpVnet Packet Pg. 508 16.A.4.b Decrease PENALTY RIDER BOND NO. CMS289627 To be attached and form a part of Bond No. CMS289627 dated the 25th day of January, 2016, executed by RLI Insurance Company as surety, on behalf of Pulte Home Company, LLC fka Pulte Home Corporation as current principal of record, and in favor of Collier County, as Obligee, and in the amount of Five Hundred Thousand Twenty Nine Dollars and 86/100 ($500,029.86). In consideration of the agreed premium charged for this bond, it is understood and agreed that RLI Insurance Company hereby consents that effective from the 4th day of June, 2019, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Five Hundred Thousand Twenty Nine Dollars and 86/100 ($500,029.86) TO: Seventy Five Thousand Five Hundred Eighty Nine Dollars and 96/100 ($75,589.96) The Decrease of said bond penalty shall be effective as of the 4th day of June, 2019, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this loth day of June, 2019. RLI Insurance Company SURETY Jer tnA RNEY-IN-FACT Packet Pg. 509 POWER OF ATTORNEY 16.A.4.b RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: 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 approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately together, the "Company") do hereby make, constitute and appoint: Jeremv Polk. Matthew Erra. iointly or severallv in the City of Phoenix , State of Arizona its true and lawful Agent(s) and Attomey(s) in Fact, w full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and bonds and undertakings in an amount not to exceed Twenty Five Million Doll ( $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had N executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is 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 and/or Contractors Bonding and Insurance Company, as applicable, h� caused these presents to be executed by its respective Vice President with its corporate seal affixed this 4th day Aril 2019 „„,,,,,,,,,, RLI Insurance Company ,00 /4'.% ",, "�.%PV NCECO.Contractors Bonding and Insurance Company o C a q 0 m-= �� GOpFORA TR•� � I _•_ . <Z �. =Y . SEAL = . SEAL . By: CV� z a ' Barton W. Davis Vice President State of Illinois l ;� INO%S "' �''anL,;,N o%,`" } SS County of Peoria ) CERTIFICATE On this 4th day of April 2019 , 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 of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: 14Uk1LJ41, , (.1'ta'r� Gretchen L. Johnigk I Notary Public JOHNIGK FLUNOIS y commission Expire I, the undersigned officer of RLI Insurance Company and/o Contractors Bonding and Insurance Company, do hereby certif that the attached Power of Attorney is in full force and effect and i irrevocable; and furthermore, that the Resolution of the Company a set forth in the Power of Attorney, is now in force. In testimom whereof, I have hereunto set my hand and the seal of the RL Insurance ContutnK and/or Contractors Bonding and Insurance Company this day o. June , 2019 . RLI Insurance Company — Contractors Bonding and Insurance Cempaay By: _.�_ Jean tephenson Corporate Secretary 0250773020211 Packet Pg. 510 16.A.4.c CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this .4 ' day of 2016 between Pulte Home Corporatiion, 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: Del Webb Naples Parcel 204 B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and 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 Improvements Within 12 months from the date of approval of 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 $101,452.75 - which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier 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 such 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 1 of 3 Packet Pg. 511 16.A.4.c statement of substantial completion, eithev 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. 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. S. 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 of 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. 2 of 3 Packet Pg. 512 16.A.4.c IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this /' day of Lzj% h , 2016. SIGNED IN THE PRESENCE OF (Name of Entity) Pulte Home Corporation By: y By: C� Printed Name: 1� M Printed Name/Title: Michael Hueniken, Director of Land Development By: (Provide Proper Evidence of Authority) Printed Name: brvl lY ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: LG p J- By: _ Li3�9_ i4eii:i94, DONNA FIALA. CHAIRMAN Depu haIrman j Sighature. only. Approved as to form and legality: Scott A. Stone, Assistant County Attorney 3 of 3 Packet Pg. 513 16.A.4.c PERFORMANCE BOND BOND NO. SUR00401494 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation (Name of Owner) 24311 Walden Center Dr., Ste 300 (Address of Owner) Bonita Springs, FL 34134 (Address of Owner) (Hereinafter referred to as "Owner") and Argonaut Insurance Company (Name of Surety) 4600 S. Syracuse Street, Suite 400 (Address of Surety) Denver, CO 80237 (Address of Surety) 303-773-7261 (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 one hundred one thousand four hundred fifty two and 75/100 ($101,452.75) 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 Del Webb— Parcel 204 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the EXHIBIT A Packet Pg. 514 16.A.4.c 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 12th day of December, 2016. Principal: By: Witness: Gregory S. Rives Witness. Bernard J. Saunders STATE OF GEORGIA COUNTY OF FULTON Pulte Home Corporation Bryce Langen, Assistant Treasurer DGEMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 12th DAY OF December, 2016 by Bryce Langen, Assistant Treasurer of Pulte Home Corporation WHO IS PERSONALLY KNOW TO ME. Notary Public - State of GEORGIA (SEAL) L-A"- �hirley E. Hut ins, Notary Public Argonaut Insurance Company Surety si �Holla�erjder,�Attorne�y-in-Fa�ct� Witness: Ann Bra Witness: tol Jo rooman SEE ACHED NOTARY if R'" E 111RCM1M5 II5WY ft" fAm CorrNMy Sfab of �� MY Commi�tion ExplrN Apr 1 i, 2018 Packet Pg. 515 16.A.4.c ACKNOWLEDGEMENT State of Arizona County of Maricopa On 12/12/2016 _before me personally appeared Jessica Hollaender 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) Notary Signature JEREMY POLK NOTARY PUBLIC — ARIZONA MARlCOPA COUNTY Jeremy Polk My Commission Expires June 28, 2010 My commission Expires June 28rh, 2019 Packet Pg. 516 16.A.4.c Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duIN organized and existing under the laws ofthe State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint Jessica Hollaender. Jeremy Polk Their true and lawful agent(s) and attorneylsl-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum ofany one such instrument executed hereunder shall not exceed the sum of S75.000.000-W This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each ofthem hereby is authorized to execute powers of attorney. and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalfof, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto " IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1 Sth day of July, 2013. .............,,, Argonaut Insurance Company u..RA�,�eFc+�e L• ! u • , *.. Joshua C Betz, Senior Vice President STATE: OF TEXAS COUNTY OF HARRIS SS_ On this 18th day of July, 2013 A_D-, before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified. came THE ABOVE OFFICER OF THE COMPANY, tome personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid. and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, rekrred to in the preceding instrument is now in force 1N TESTIMONY WHEREOF, I have hereunto set my hand. and affixed my Official Seal at the County of Harris, the day and year first above written KOW" EEN M 1MEEKS NOTARY PURl1C STATE OF TEXAS w MY COMbt. EKP. 07-15-2D17 rtiU+fldun rn. t Notary Public i 1, the uridersigned Otricer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the ortginal POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12 __ day of _ _ Dr-cenbnr Y 2016 + 4, f Sarah Heineman VP-LindentiTiting Surat} THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNES' AND THE SERIAL NUMBER IN I HE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCtiMENT IS ISSIiED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITI' OF THIS DOCUMENT CALL (210) 321 - 8400. Packet Pg. 517 16.A.4.c Del Webb Parcel 203-204 ICP OPC Revision # REV02 Plan & Revision # 133-51-01 REV03 ICP Review Fees Insubstantial Change to Construction Plans Review $1,400.00 Fire Review $100.00 d Engineering Site Plan Review $2,766.89 y Construction Document Review 0,75% $691.72 Construction Inspection 2.25% $2,075.17 C w CL Total ICP Fee Required= $4,266.89 d v Total ICP Fee Paid= $4,109.09 Q Total ICP Fee Remaining= $157.80 Notes: 1} This Opinion of Probable Cost (OPC) shall be used for budgeting purposes only. LL. . 2} This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this 01 and may require adjustments to delete, CD decrease, or Increase portions of this DPC, N 3} All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and "IT C labor N 4} Does not include permit fees or soft costs. 5] Does not include enhanced landscape or hardscape features. Brendan D. Digitally signed by Brendan n Cl-,- Sloan, P.E. Florida i cn=Brendan D. Sloan, 1 69978 State of Florida, loan, P _ P.A., ou=Brendan D. Sloan, State of P.E., email=Brendan.Sloangwald �nPen9iaeeringr�m,r�US �^^e ..rrrr ��,,JJ p�W # 69978 Date: 2016.09.12 11:00:57 -04'00' Brendan D Sloan Slate of Florida Protesvonal Engineer. License No. 69978 This item has been electronically signed and sealed by Brendan D, Sloan, PE cn 9112t16 using a Digital 9ipnature. Printed copies of this document are not considered signed and seaied and the signature must be verified on any electronic copies. Packet Pg. 518 16.A.4.c EARTHWORK Item # Description EstimatedUnit Unit Price Amount Quantit EW-1 Single Row Silt Fence 1,293 LF $1.50 $1,939.50 EW-2 Floating Turbidity Barrier 105 LF $12.00 $1,260-00 EW-2 Disking 3.82 AC $1,200.00 $4,584.00 SUBTOTAL = $7,783.50 Packet Pg. 519 16.A.4.c Item # Description EstimatedUnit Quantity Unit Price Amount P-1 3/4" Asphaltic Concrete (Type S-III) First Litt 269 SY $4.50 $1,210.50 P-2 3/4" Asphaltic Concrete (Type S-III) Second Lift 269 SY $4.50 $1,210.50 P-3 6" Limerock Base (Compacted and Primed) 269 SY $7.00 $1,883.00 P-4 12" Stabilized Subgrade' (Onsite Material) 323 SY $1.85 $597.55 P-5 Type "F" Curb 242 LF $9.50 $2,299.00 P-6 Signing and Marking 1 LS $1,500.00 $1,500.00 P-7 5' Concrete Sidewalk 68 SY $28.45 $1,934.60 p-8 8' Multi -Use Path 108 SY $31.95 $3,450.60 SUBTOTAL = $14,085.75 Packet Pg. 520 16.A.4.c DRAINAGE Item # Description Estimated Unit Unit price Amount Quantit D-1 15" RCP 56 LF $33.00 $1,848.00 D-2 18" RCP 376 LF $38.42 $14,445.92 D-3 30" RCP 130 LF $60.00 $7,800.00 D-4 36" RCP 165 LF $67.91 $11,205.15 D-5 Valley Gutter Inlet 4 EA $2,250.00 $9,000.00 D-6 Junction Box 1 EA $3,000.00 $3,000.00 D-7 Control Structure (Complete) 1 EA $5,000.00 $5,000.00 D-8 MOT Endwall 18" 2 EA $2,500.00 $5,000.00 D-9 FDOT Endwall 36" 1 EA $3,500.00 $3,500.00 D-10 Type 9 Curb Inlet 2 EA $2,500.00 $5,000.00 D-11 Connect to Existing Junction Box 1 EA $1,500.00 $1,500.00 SUBTOTAL = $67,299.07 Packet Pg. 521 16.A.4.c I IRRIGATION EstimatedUnit Item # Description Unit Price Amount Quantity 1-1 6" PVC Irr. Main (DR-18) 1-2 Temporary Blow Off 12S LF $14.16 $1,770.00 1 EA $1,291.46 $1,291.46 SUBTOTAL = $3,061.46 Packet Pg. 522 16.A.4.c Bond No. CMS281962 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Pulte Home Corporation of 24311 Walden Center Drive, Suite 300, Bonita Sorinas FL 34134 as Principal, and RLl Insurance Company a corporation organized and existing under the laws of the State of Illinois and authorized to transact business in the state of Florida, as Surety, are held and firmly bound unto Ave Maria Utility Company of 5076 Annunciation Circle Suite 102 Ave Maria FL 34142 as Obligee, in the penal sum of two hundred twenty six thousand forty five and 82/100 (226,045.82) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has agreed to construct or have constructed, water and wastewater improvements to the Del Webb Ave Maria subdivision (Parcels 204 Infrastructure), NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform said work in accordance with said standards, then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 14th day of October, 2015. Pulte Home Corporation Prin Bryce Langen, Assistant Treasurer RLI Insurance Company Surety' Jet6my Polk, A�yrey-in-Fact Packet Pg. 523 1 Ii.A.4.c POWER OF ATTORNEY on1444Com any RLI Insurance Company 9025 N, Lindbergh Dr I Psoria. IL 61615 Contractors Bonding and Insurance Company Phone: (800)645-24021Fax ,13091689-2036 Know All Men by These Presents: 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 this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Virginia Erickson, Jessica Holloender, Jeremy Polk, jointly or severally in the City of _ Phoenix , State of Arizona , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 �) for any single obligation 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. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, 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 Corporation 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 i undertakings in the name of the Corporation. 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 or other electronic image," IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this _ad day of LM, ZQU, �o •o_ Sh J _ SEAL . L. State of Illinois ° •/ SS �c�. + ...... ��41N0. County of Peoria " On this 3rd day of June 2015 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as thr aforesaid officer of the RLl Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die , Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company, andior Contractors Bonding and insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Auomey. is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this _141-h day of {]rtnher . 2C11-5 - RLI Insurance Company M. RockwIT Notary Public Contractors Bonding and insurance Company „�s'H•�e 0FF10AL SEAL - Roy C. Die Vice President JACQtJ=-LINE M 80CKtEa COMMISStON EXPIRES 01M*16 0250326020212 A0059115 Packet Pg. 524 16.A.4.c ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA ) )ss. COUNTY OF FULTON ) This record was acknowledge before me on October 14 2015, by Bryce Langen, Assistant Treasurer of Pulte Home Corporation, 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 Wary Public Fulton County Sta14 al Georgia r Ez t My Commission Expires Apr 17, 2016 Signature of Notary Public Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: April 17, 2018 Packet Pg. 525 16.A.4.c Co ler COUVIty Growth Management Division Planning & Regulation Land Development Services January 3, 2018 Argonaut Insurance Company 4600 S. Syracuse St., Ste. 400 Denver, Colorado 80237 RE: Performance Bond No. SUR00401494 / Pulte Home Corporation Del Webb at Naples Parcel 204 - PL20150001882 Dear Sir or Madam, Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $89,084.68, leaving an available obligation of $12,368.07. The remaining surety represents $3,145.10 as 100% of the uncompleted improvements, plus $9,222.97 as the required 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, C?OAn &OU16wotth John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Waldrop Engineering Land Development Services • 2800 North Horseshoe Drive • Naples. Florida 34104.239-252-2400 • www.colliergov.ne` Packet Pg. 526 16.A.4.c Decrease PENALTY RIDER BOND NO. SUR0040194 To be attached and form a part of Bond No. SUR0040194 dated the 12th day of December, 2016, executed by Argonaut Insurance Company as surety, on behalf of Pulte Home Company, LLC as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the amount of One Hundred One Thousand Four Hundred Fifty Two Dollars and 75/100 ($101,452.75). In consideration of the agreed premium charged for this bond, it is understood and agreed that Argonaut Insurance Company hereby consents that effective from the 3rd day of January, 2018, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: One Hundred One Thousand Four Hundred Fifty Two Dollars and 75/100 ($101,452.75) TO: Twelve Thousand Three Hundred Sixty Eight Dollars and 07/100 ($12,368.07) The Decrease of said bond penalty shall be effective as of the 3rd day of January, 2018, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 12th day of January, 2018. Argonaut Insurance Company SURETY BY: 6711polk, ATTORNEY -IN -FACT Packet Pg. 527 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Jeremy Polk Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. '„ �����..Argonaut Insurance Company SEAL 194e i 2: by: :7lINOf.•'� STATE OF TEXAS COUNTY OF HARRIS SS 16.A.4.c A5-0126377 Joshua C. Betz, Senior Vice President On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. lk"(n--rn.4y I"ia ==,,,K HL EFk M MEE KS Stats o1 r1t1: E: No PublicP-07-tE-7071tery IU fi61902 fl I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12 th day of January 2018 James Bluzard , Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400, Packet Pg. 528 16.A.4.c GENERAL SURETY RIDER To be attached and form a part of Type of Bond: Performance Bond No.: SUR0040194 Dated effective: 12/12/2016 (MONTH, DAY, YEAR) executed by: Pulte Home Corporation, as Principal, (PRINCIPAL) and by: Argonaut Insurance Company, as Surety, (SURETY) and in favor of: Collier County. Florida. (OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 1/1/2017 (MONTH, DAY, YEAR) Signed and Sealed 1/12/2018 (MONTH, DAY, YEAR) BY SURETY ATTORNEY -IN -FACT Packet Pg. 529 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duty organized and existing under The laws ofthe State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint Jeremy Polk �N Their true and lawful agents) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertaltiirtgs in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the stun of: S75.000AQ,00 This Power of Attomey is granted and is signed and sealed under and by the authority ofthe following Resolution adopted by the Board of Directors of Argonaut Insurance Company - "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers ofattorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, ofthe Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalfof, and acknowledge as the act and deed ofthe Argonaut Insurance Company, all bond undertakings and contracts of suretyship. and to affix the corporate seal thereto-" IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duty authorized officer on the Sth day of May, 2017. Argonaut Insurance Company by: STATE OF TEXAS COUNTY OF HARRIS SS, . s 16.A.4.c As I Zb3 i t Joshua C. Betz, Senior Vice President On this Bth day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF -THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he ack itowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid. and that the eat affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly W1 ixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF I have hereunto set my hand, and affixed my Official Seal at the County of Hams, the day and year first above written. 1-4J aan `M.4y-4A o (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 12th day of January 2018. James Bluzard , Vice President -Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY AND THE SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER ARE IN BLUE, AND THE DOCUMENT IS ISSUED ON WATERMARKED PAPER. IF YOU HAVE Qt 1 STIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321 - 8400. Packet Pg. 530 16.A.4.d RESOLUTION NO.23- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN DEL WEBB NAPLES PARCELS 203-204, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 60, PAGES 67 THROUGH 69, AND DEL WEBB PARCEL 204, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 62, PAGES 27 THROUGH 28, AND RELEASE OF THE MAINTENANCE SECURITIES. WHEREAS, the Board of County Commissioners of Collier County, Florida, January 12, 2016, approved the plat of Del Webb Naples Parcels 203-204 for recording; and WHEREAS, the Board of County Commissioners of Collier County, Florida, October 25, 2016, approved the plat of Del Webb Naples Parcel204 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 securities; 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 Del Webb Naples Parcels 203-204, pursuant to the plat thereof recorded in Plat Book 60, pages 67 through 69, and Del Webb Parcel 204, pursuant to the plat thereof recorded in Plat Book 62, pages 27 through 28, and the Clerk is hereby authorized to release the maintenance securities. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Del Webb Naples Parcels 203-204, and Del Webb Parcel 204 will be maintained privately in the future and will not be the responsibility of Collier County. [Space Intentionally Left Blank] [22-EIS-04762/1750532/11 Page I of 2 Packet Pg. 531 16.A.4.d This Resolution adopted after motion, second and majority vote favoring same, this 1 Oth day of January 2023. DATE: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. 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