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Backup Documents 05/13/2014 Item #16A 3 Vl(11i11r1XL ii jt uiv1L' it 1 i7 1.111?.1.11L1►7 1 QG itV V 1.1111 ..J �7L1r TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO "" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN lUEA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (-c f Icy (Lf 4. BCC Office Board of County �� �`[ `l Commissioners 5. Minutes and Records Clerk of Court's Office \`o PRIMARY CONTACT INFORMATION \ Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of dpe addressees above,may need to contact staff for addition 1 or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was May 13,2014 Agenda Item Number 16-A3 Approved by the BCC Type of Document Plat-M•I silea Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's , signature and initials are required. 7. In most cases(some contracts are an exception),the original documeht and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 13,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. ) ' 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Vlil\Tll\Li.L 1JVl.VI/AA/al I IJ \.11.L' \.11L1►7I L%. 1\V V 111\<T 01411 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the CountvAttomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CD/fa/rN 4. BCC Office Board of County T\ Commissioners < to\k3\\L\ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION • Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was May 13,2014 � Agenda Item Number 16-A3 Approved by the BCC Type of Document Construction&Maintenance Agreement Number of Original Two Attached and Performance Bond -Marsilea Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on May 13,2014 and all changes made / 1 during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t e Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.14.0); evised 11/30/12 16A3 MEMORANDUM Date: June 13, 2014 To: John Houldsworth, Senior Engineer Engineering Services Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Final Plat Marsilea, Construction and Maintenance Agreement and Performance Bond Attached is the original Plat and copies of the Construction & Maintenance Agreement and the Performance Bond referenced above, (Item #16A3) approved by the Board of County Commissioners on May 13, 2014. If you need anything further, please feel free to contact me at 252-8406. Thank you. Attachment 16A3 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, ■ND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this i i L5 day of j1((cty / / , 20 14 between D R Horton, [ c 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: Marsnea=km 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:tZ+6AtAa1 e klOs mAICzt,„. Wh1 C,p, A Z1E..10 t within 12. 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$748.62920 — which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 16A3 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this (1± day of MA.y / / , 20 4 . SIGNED IN THE PRESENCE OF: (Name of Entity) D.R. Horton, Inc. Printed Name A/%� Jo k VP ^C Printed Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Printed ame / igyn G t Vev Lr ATTEST: Gv DWIGHT E. BROCK, CLERK,. BOARD OF COUNT OMMISSIONERS OF COLLI COU , FLORIDA Deputy ClerAk tplarlit r TOM HENNING. CHAIRMAN App oved a i• •rm art legality: I;114111! oniTt A. 5 •- Item# Assistant County Attorney ,ATrda 3jq. Reo'd �. 4)0'4 Deputy' • lisalaran 16A3 PERFORMANCE BOND FOR SUBDIVISION IMPROVEMENTS WORK Revised Bond No. SU1126005 KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton, Inc. 10541 Ben C. Pratt/Six Mile Cypress Parkway, Suite 100, Fort Myers, FL 33966 (hereinafter referred to as "Owner") and Arch Insurance Company 1125 Sanctuary Parkway, Alpharetta, GA 30009; (404) 682-3899 (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 Seven Hundred Forty Eight Thousand, Six Hundred Twenty Nine and 20/100 Dollars ($748,629.20) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain Subdivision Improvements permit No. PPL-PL20130001985 Marsilea Meg* and that certain Subdivision Improvements permit 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 completion of the work and approval by the County of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of Ownership. 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 a -..ments hereto, so as to bind the Owner and the Surety to the full and faithful performance in ace •ance wit the Land Development Regulations. The term "Amendment," wherever used in this :. d, and whether referring to this Bond, or other documents shall include any alteration, addition o• modification of any character whatsoever. IN WITNESS WHEREOF, the parties ereto have caused his PERFORMANC :OND to be executed this 8th day of April, 2014. WITNESSES: • D.R. Horton, c. (A\Atk\ft\ -' U\CP Printed Name C CC +(\\W ( �- Cj i. Printed Name/Title M,k*f -\t'dy , J (Provide Proper Evidence of Authority) Printed Name 16A3 ACKNOWLEDGEMENT STATE OF c-W,,■( (:\Gl COUNTY OF Le THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ZI DAY OF (\ 20 I'-\ BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWNLIO_ME,tDR HAS PRODUCED AS IDENTIFICATION. Notary Public- State of �( ry �1l �(�C � p.R,ttg-i��,1tAt - (SEAL) 'rinted Nam y � , �, I .,` � `� ALLICIA Y.WAGNER //, cc` ! - I t I tir Notary Public•Slsh of Florida 1 My Comm.Expires Apr 25,2016 y, mod. Commission#►EE 192861 .",•;;io Bonded Through National Notary Assn. WITNESSES: Arch Insurance Company / / �� Gloria Robb Margaret Ginem,Attorney-in-Fact& Pri ame � Florida Licensed Resident Agent Printed Name/Title Eileen Heard (Provide Proper Evidence of Authority) Printed Name C/O WILLIS OF FLORIDA 4211W 90Y SCOUT BLVD,#1000 TAMPA, FL 33607 INQUIRIES (813)281-2095 ACKNOWLEDGMENT STATE OF Florida COUNTY OF Hillsborough THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8th DAY OF April, 2014, BY Margaret A. Ginem AS Attorney-in-Fact OF Arch Insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED personally known AS IDENTIFICATION. Notary Public- State of Florida nn-mot'--�� (SEAL) G Pfnted Name Marianella Barnola ..�,..0........ I4-E:IS-02650/7 16A3` , AIC 0000111550 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 31st day of March, 2014. Attested and Certified Arch Insurance Company WRftMATE u SEAL `T, Patrick K. Nails, Secretary David M. in e stein, Executive Vice President Missouri STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMQNWCALTH O evoion.vANIA IHELEN NOTARIAL SEAL _ City of PAledelF PIS My Commission Expires OctobeT3,101 1 elen Szafran, tary Publi My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated March 31. 2014 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WH EOF, have hereuntp subscribed my name and affixed the corporate seal of the Arch Insurance Company on this `�' day of�� ,20 19 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 Ora^0� W Philadelphia,PA 19102 RrtMATE `"6 sw 1,9r Mtssauri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 16 A 3 AIC 0000111550 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Anett Cardinale, David H.Carr, Diane Sidebotham, Eileen C. Heard, Linda Horn and Margaret A.Ginem of Tampa, FL(EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. • ID 16A3 ' Ilp .1` ', ' , 1i ,1 4WI '1-.. 1h, .. hIRt... - , ENGINEERING Profe:>sional Engineers, PL3rtrnsrs& Land Surveyor D. SANITARY SEWER CONSTRUC11ON3 1 8" PVC Gravity Sewer(0.6'Cut) 336 II $40.00 $13,440.00 2 8' PVC Gravity Sewer 16.8'Cut) 574 LE $50.00 $28,700.00 3 8'PVC Ci-avity Sewer(8-10'Cut) 45 II $55.00 $2,475.00 4 Manhole 0.6'Cut) 3 EA $4,500.00 $13,500.00 5 Manhole 6.8 Cut) 1 EA $5,O00.00 $5,000.00 6 Manhole{8-1(Y Cut) 1 EA $5,500.00 $5,500.00 7 Manhole;14-16'Cut)for Connect to Existing Gravity 1 EA $8,000.00 $8,000.00 8 Single 6"PVC Solitary Sewer Service 8 EA $500.00 $4,000.00 9 Double 6' PVC. Sanitary Sewer Service 5 EA $900.00 $4,500.00 Sub Total $85,115.00 E. IRRIGATION CONSTRUCTION 1 Irrigation Main 2,500 LF $12.80 $32,000.00 2 Valves 12 EA $1,500.00 $18,000.00 3 Recharge Well FA $17,000.CCI $17,000.00 4 Rain Sensor EA $100.00 $100.00 5 Clock EA $2,800.00 $2,800.00 6 Irrigation Pump Station 1 LS $35,000.00 $35,000.00 Sub Total $104,900.00 F. LANDSCAPING 1 Landscape Plantings 1 LS $2.,426.0(1 $21,426.00 2 Aerators(Lakes 1) 1 EA $3,000.00 $3,000.00 3 Littoral Plants(Lakes 1) 2,275 S` $0.75 $1,706.25 4 Grasses(Structural Buffer 69,263 SF $0.35 $24,242.05 5 Mulch 1,487 SF $5.00 $7,435.00 6 Requited Preserve Plantings 1 LS $35,000.00 $35,000.00 `000\ii)iiiilif!' Sub Total $92,809..0 . \ ,1)Py(D 4 *6/,,r Total $680,572.00 • ��', 4 �►d► �� 10%Maintenance Bond $68,057.20 Q • 1r; '• ='1 : lr :-• Grand Total $748,629.20 4,57 „t,,,,,,,,„::::_-( ..:‘,) .4'cio I ..., rnl i ch. AY,-.. Do■UR. Underhill,Jr.,F. -7r•47u2V) ~ Bcnks Engineering 'i. q L....- \� i >>� Note: The above"Eng veers Opinion of Pro 1i�gI,%�X�IL\des`all labor and material 1.Assumes ave-age existirc:site elevot on of 11.2'after drub loss and fill site to 15.5'avercge fir sh(loot elevction based on previously permitted SFWMD E:RP Pentrit NO. 1 1-031 98-P doted Jon.31.2011 2.Assumes 20'cf sod for UvME,2'of tact at back of curb,and 20'of sod along perimeter berm. 3.Assumes tie in to existing I f station at Imperial Circle. David R.Underhill,1'.F.. S:\lobs\29,0A2922\Documents\C-ounty'29:22 Cosy Esiirmm:I.7-14.r.Is 2 Florida Reg.No.47029 PPL-PL201300J96 AR2 , ilk l I. MARSILEA III 4 nn►.._. * 1!r�t+ '� DATE: 17/14 DUE:2/18114 ENGINEERING Professional Engineers, Planers 43: Lanci Surveyors PRE-DESIGN ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR REQUIRED SUBDIVISION IMPROVEMENTS MARSILEA 1/7/2014 ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE A. EARTHWORK 1 Lake Excavation 1(1.141 11,700 CY $13.00 $152,100.00 2 Clear one Grub 9 AC $3,500.00 $29,750.00 3 Preserve Clearing(Remove Exotics) 2 AC $2,500.00 $5,000.00 4 Berm Grading 2,7(X) LF $5.00 $13,500.00 5 Final Road Grading LS $4,000.00 $4,000.00 6 Silt Fence 2,700 LF $1.25 $3,375.00 7 Sod 2 8,500 SY $1.50 $12,750.00 Sub Total $220,475.00 B. PAVING&DRAINAGE 1 Valley Gutter 2,538 LF $7.00 $17,766.00 2 5'Wide Sidewalk 2,167 LF $18.00 $39,006.00 3 3/4"Asphalt-First Lift 3,265 SY $4.50 $14,692.50 4 3/4"Asphalt-Secord Lift 3,265 :SY $4.50 $14,692.50 5 Limerock(6') 3,265 :SY $6.00 $19,590.00 6 Stabilized Subgrcde(12") 4,051 SY $2.00 $8,102.00 7 Street Lighting 1 LS $5,000.0( $5,000.00 8 Signirg&Mark ng 1 LS $2,000.00 $2,000.00 9 15"Reinforced Concrete Pipe 1 6 I LF $2`.00 $3,381.00 10 24"Reinforced Concrete Pipe 532 LF $33.00 $17,556.00 11 30"Reinforced Concrete Pipe 328 LF $42.00 $13,776.00 12 Valley Gutter Inlet 10 EA $2,600.00 $26,000.00 13 Flared End Section 1 EA $1,000.00 $1,000.00 14 Control Structure With Ojtfall 2 EA 56,000.00 $12,000.00 Sub Total $194,562.00 C. POTABLE WATER CONSTRUCTION 1 8" PVC Water Mar 946 L= $20.00 $18,920.00 2 Single Water Service 4 EA $500(10 $2,000.00 3 Double Water Service 7 EA $900 CIO $6,300.00 4 Fire Hydran`Assembly w/6"G.V. 3 EA S3,800 00 $11,400.00 5 8" Hot Tap I EA 54,500.00 $4,500.00 6 Gate Valve 3 EA 51,800(10 $5,400.00 7 Jack arid Bore Entrada Avenue 90 LF $30O 00 $27,000.00 Sub Total $75,520.00 David R.Underhill,I.E. S:\lobs\?9xa\2922\l:kcurnei,t\County\2922 Co_t Esri,naic I.7-14A13 1 Florida Reg.No.47029 16 A3 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected,qualified and acting Assistant Secretary of D.R. Horton, Inc., a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company dated November 10,2011 (the"Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and City Manager WHEREAS, effective January 3, 2007, Jonathon M. Pentecost was duly elected to the office of Assistant Secretary of the Company in the Company's South Florida Division; and WHEREAS,Jonathon M.Pentecost has subsequently been promoted to the position of Vice President and City Manager. NOW,THEREFORE, BE IT RESOLVED,that Jonathon M. Pentecost is hereby elected to the office of Vice President of the Company(the"Vice President") in the Company's South Florida Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Vice President is hereby authorized and empowered, in the Southwest Florida area (the "Area") of the Division and in the name and on behalf of(A)the Company,(B)any partnership of which the Company is a general partner,manager or agent,and(C)any limited liability company of which the Company is a member,manager or agent(collectively the"Entities").(i)subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (h) President, (c) Senior Executive Vice President, (d) Executive Vice President or(e)the Region President of the Division(the"Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments(other than promissory notes)for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto,or any interest therein, including without limitation any right-of-way, easement,leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto. (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property,or any interest or right therein, 16A3 constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property,right or interest,and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts,agreements,deeds,conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property,or any interest or right therein,owned,leased or otherwise controlled by the Entities and(iii)to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities' business, the Vice President is hereby authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements,documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Vice President shall be authorized and empowered,in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve as registered broker for D.R. Horton Realty - Southwest in the State of Florida. RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve as registered broker for Emerald Realty -Southwest in the State of Florida. RESOLVED FURTHER, that the Company, in its capacity as the sole member of Express Realty-Southwest,hereby designates Jonathon M. Pentecost as registered broker for Express Realty - Southwest in the State of Florida. RESOLVED FURTHER,that the authority hereby granted to Jonathon M. Pentecost supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to Jonathon M. Pentecost as of the date hereof. IN WITNESS WHEREOF, the undersigned has set his hand on the IOth day of January, 2014. 4hrI41W- a f (w/ 01vve0 Thomas B. Montano Assistant Secretary II:U TC^:WAt:IVvlin\DI{l\14.IanIO-COAS5.wpd 2 16A3 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected,qualified and acting Assistant Secretary of D.R. Horton, Inc.,a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company dated November 18,2013(the "Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Authority of Vice President and City Manager and Designation of Registered Broker- Southwest Florida WHEREAS, effective January 3, 2007, Jonathon M. Pentecost was duly elected to the office of Assistant Secretary of the Company in the Company's South Florida Division, which division has split into two divisions now known as the Southeast Florida Division and the Southwest Florida Division; WHEREAS, effective November 10, 2011, Jonathon M. Pentecost was promoted to the position of Vice President and City Manager of the Company; WHEREAS,effective June 12,2013,the Company appointed Jonathon M. Pentecost to serve as registered broker of each D.R. Horton Realty of Southwest Florida, LLC, a Delaware limited liability company ("D.R. Horton Realty - Southwest"), and Emerald Realty of Southwest Florida,LLC,a Delaware limited liability company("Emerald Realty - Southwest"), in the State of Florida; and WHEREAS,the Company now desires to appoint Jonathon M.Pentecost to serve as registered broker of Express Realty of Southwest Florida, LLC, a Delaware limited liability company("Express Realty - Southwest"). NOW, THEREFORE, BE IT RESOLVED, that Jonathon M. Pentecost shall continue to hold the office of Vice President of the Company (the "Vice President")in the Company's Southwest Florida Division(the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Vice President is hereby authorized and empowered, in the Division and in the name and on behalf of(A)the Company, (B) any partnership of which the Company is a general partner,manager or agent,and(C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities"), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances 16A3 owned,leased or otherwise controlled by the Entities and(iii)to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities' business, the Vice President is hereby authorized and empowered, in the name and on behalf of the Entities in the Area, to execute and deliver(i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities'business in the Area,the Vice President shall be authorized and empowered, in the name and on behalf of the Entities in the Area, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. RESOLVED FURTHER, that Jonathon M. Pentecost is hereby removed from the office of Assistant Secretary of the Company he held prior to this date. RESOLVED FURTHER,that effective as of the date hereof,the authority hereby granted to the Vice President supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to the Vice President. IN WITNESS WHEREOF,the undersigned has set his hand on the 17`h day of November, 2011. i Thomas B. Montano Assistant Secretary V II MALT A9iu`O111,1INovl7-COAS.wpd 2