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Backup Documents 07/10/2018 Item #16A 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney()Bice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office , ..4. • i,, ,//, 4. BCC Office Board of County 7\: Commissioners G`V3`\'. 5. Minutes and Records Clerk of Court's Office /j3 j• ! SI- Pel 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 Jodi Hughes Phone Number x-5744 Contact/ Department L„../ / Agenda Date Item was 7/10/18 ✓ Agenda Item Number 16A5 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 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? • S4Pe7 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 JH 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 7/10/18 and all changes made duringt ° the meeting have been incorporated in the attached document. The County iAiifr, , Attorney's Office has reviewed the changes,if applicable. 1m" �t 9. Initials of attorney verifying that the attached document is the version approved by the y •° BCC, all changes directed by the BCC have been made, and the document is ready for th- ®• 71047* Chairman's signature. 1® ..a' 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 16A5 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this .. '3 day of . jt4Sl , 20 1. .. between Taylor Morrison of Florida, Inc.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: Esplanade at Hacienda Lakes Phase 4.:,, B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed all required improvements as permitted with Collier County within twelve j121 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$ 1„834,274.38 - 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. 16A5 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 day of , 20 SIGNED IN THE PRESENCE OF: (Name of Entity)Taylor Morrison of Florida, Inc. By: Pri • .'' ame J-eSc!\ea //\. Andrew"Drew"Miller.Authorized Agent-Land Development Manager Printed Na le (Pesident,VP, or CEO) Printed Name Medi_ eXS (Provide Proper Evidence of Authority) • ATTEST: ...► Crystal R. Kinzel, Clerk orthe +ircuit Court&Comptroller BOARD • CO T • O -' -S OF CO 1E- 'S NTY, FL* D' By: Deputy C''11 .St ,, p ..1111. rs A fte4y 501�9 ) r'Snq e+vvg Ap . oveerempd legality: - V Item# ‘62P1 Scott A. Stone �) Date Assistant County Attorney Agenda 1t 0-. Date 9_t l Tl Rec'd -- -- De� putt'Cl 16A5 HACIENDA LAKES (PHASE 4) COLLIER COUNTY OPINION OF PROBABLE COST - REVO1 Waldrop Engineering File No. :266-19 08/15/2018 SUMMARY Earthwork $29,641.36 Paving $514,839.00 Drainage $278,248.00 Landscaping $75,000.00 Electrical $96,000.00 Sub-Total $993,728.36 Wastewater $417,438.00 Potable Water $256,355.80 Sub-Total $673,793.80 Sub-Total $1,667,522.16 10%0&M $166,752.22 Total! $1,834,274.38 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. Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and . \\\ttiiiIiI/// / \\:\ ARNO eGeNS �.'• E_ � 1 l OGL JeremyH.Arno • , x, , I a ti r t t4v rr w Date , ` t�'• , L0 Florida License#66421 fir//i 'SS ON14 \\\\N, t 16A5 EARTHWORK Description Estimated Unit Unit Price Amount Quantity E-1 Sod(1' Behind Curb) 1,093 SY $2.75 $3,006.36 E-2 2'Silt Fence(Single Row) 10,870 LF $1.75 $19,022.50 E-3 2'Silt Fence(Double Row) 915 LF $3.50 $3,202.50 E-4 Floating Turbidity Barrier 980 LF $4.50 $4,410.00 TOTAL= $29,641.36 16*5 PAVING Estimated Description Unit Unit Price Amount Quantity On-Site P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 11,615 SY $5.50 $63,882.50 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 11,615 SY $5.50 $63,882.50 P-3 6" Limerock Base(Compacted and Primed) 11,615 SY $7.15 $83,047.25 P-4 12"Stabilized Subgrade(Onsite Material) 14,855 SY $2.25 $33,423.75 P-5 Type"A"Curb&Gutter 495 LF $11.75 $5,816.25 P-6 Type"F"Curb&Gutter 245 LF $12.75 $3,123.75 P-7 1' Ribbon Curb 24 LF $12.00 $288.00 P-8 Valley Gutter 9,075 LF $11.00 $99,825.00 P-9 4"Concrete Sidewalk 5,200 SY $29.00 $150,800.00 P-10 Signing and Marking 1 LS $10,000.00 $10,000.00 P-11 ADA Detectable Warnings 2 EA $375.00 $750.00 TOTAL= $514,839.00 l6A5 DRAINAGE Description Estimated Unit Unit Price Amount Quantity D-1 12" HDPE 1,405 LF $18.00 $25,290.00 D-2 15" RCP 1,025 LF $30.00 $30,750.00 _ D-3 18" RCP 952 LF $34.00 $32,368.00 D-4 24" RCP 731 LF $40.00 $29,240.00 D-5 30" RCP 50 LF $46.00 $2,300.00 D-6 36" RCP 426 LF $50.00 $21,300.00 D-4 15" Flared End 2 EA $2,150.00 $4,300.00 D-5 18" Flared End 3 EA $2,300.00 $6,900.00 D-6 24" Flared End 4 EA $2,500.00 $10,000.00 D-7 30" Flared End 1 EA $3,000.00 $3,000.00 D-8 36" Flared End 2 EA $3,250.00 $6,500.00 D-9 Valley Gutter Inlet 22 EA $3,400.00 $74,800.00 D-10 Type"C" Inlet 5 EA $2,500.00 $12,500.00 D-11 Yard Drain 11 EA $1,000.00 $11,000.00 D-12 Junction Box 2 EA $2,750.00 $5,500.00 D-13 Connect to Existing Drainage 1 EA $2,500.00 $2,500.00 TOTAL= $278,248.00 16A5 LANDSCAPING Estimated Description Unit Unit Price Amount Quantity LA-1 Code Minimum Landscaping 1 LS $75,000.00 $75,000.00 TOTAL= $75,000.00 I6A5 ELECTRICAL tion Estimated Description Unit Unit Price Amount Quantity E-1 Street Lighting 30 EA $3,200.00 $96,000.00 SUBTOTAL= $96,000.00 18A5 tion Estimated Description Unit Unit Price Amount Quantity WW-1 Connect to Existing Sanitary Sewer 3 EA $2,500.00 $7,500.00 WW-2 8" PVC Sanitary Sewer SDR-26(0-6') 868 LF $28.75 $24,955.00 WW-3 8" PVC Sanitary Sewer SDR-26(6-8') 715 LF $35.00 $25,025.00 WW-4 8" PVC Sanitary Sewer SDR-26(8-10') 1,275 LF $44.00 $56,100.00 WW-5 8" PVC Sanitary Sewer SDR-26(10-12') 348 LF $60.00 $20,880.00 WW-6 8" PVC Sanitary Sewer SDR-26(12-14') 538 LF $74.00 $39,812.00 WW-7 8" PVC Sanitary Sewer SDR-26(14-16') 415 LF $82.00 $34,030.00 WW-8 8" PVC Sanitary Sewer SDR-26(16-18') 113 LF $94.00 $10,622.00 WW-9 Manhole 4'Diameter with Coating(0-6') 3 EA $4,500.00 $13,500.00 WW-10 Manhole 4'Diameter with Coating(6-8') 4 EA $5,500.00 $22,000.00 WW-11 Manhole 4' Diameter with Coating(8-10') 6 EA $6,750.00 $40,500.00 WW-12 Manhole 6' Diameter with Coating(10-12') 1 EA $7,500.00 $7,500.00 WW-13 Manhole 6' Diameter with Coating(12-14') 3 EA $8,500.00 $25,500.00 WW-14 Manhole 6' Diameter with Coating(14-16') 2 EA $9,250.00 $18,500.00 WW-14 6"Single PVC Sewer Service w/Cleanout 12 EA $650.00 $7,800.00 WW-15 6" Double PVC Sewer Service w/Cleanout 65 EA $800.00 $52,000.00 WW-15 Sanitary Sewer Cleanout 2 EA $801.00 $1,602.00 WW-16 Television Inspection 4,272 LF $2.25 $9,612.00 SUBTOTAL= $417,438.00 I 16A 5 POTABLE WATER Estimated Description Unit Unit Price Amount Quantity PW-1 Connect to Existing Water Main 3 EA $1,750.00 $5,250.00 PW-2 1"Single Water Service,Complete 26 EA $625.00 $16,250.00 PW-3 1.5" Double Water Service,Complete 58 EA $825.00 $47,850.00 PW-4 8" PVC Water Main(C900, DR 18) 2858 LF $23.00 $65,734.00 PW-5 8" PVC Water Main(C900, DR 14) 38 LF $26.60 $1,010.80 PW-6 10" PVC Water Main(C900, DR 18) 1659 LF $29.00 $48,111.00 PW-7 8"Gate Valve 4 EA $1,350.00 $5,400.00 PW-8 10"Gate Valve 1 EA $1,500.00 $1,500.00 PW-9 Temporary Blow-off/Automatic Flushing Device 3 EA $4,000.00 $12,000.00 PW-10 Temporary Bacterial Sample Point 3 EA $1,750.00 $5,250.00 PW-11 Permanent Bacterial Sample Point 3 EA $2,000.00 $6,000.00 PW-12 Fire Hydrant,Complete 10 EA $4,200.00 $42,000.00 SUBTOTAL= $256,355.80 It6A IRRIGATION Estimated Item Description Unit Unit Price Amount Quantity I-1 4" PVC Irrigation Main(DR-18) LF $11.00 $0.00 1-2 4" PVC Irrigation Main(DR-14) LF $12.00 $0.00 1-3 4"Gate Valve LF $900.00 $0.00 1-4 Single Irrigation Service(Complete) EA $500.00 $0.00 I-5 Double Irrigation Service(Complete) EA $715.00 $0.00 1-6 Temporary Blow-off EA $1,400.00 $0.00 1-7 Irrigation Pump Station/Well EA $30,000.00 $0.00 SUBTOTAL= $0.00 16A5 PPL FEE CALCULATION Plat Review Fees: Residential only:$1,000.00 Plus$5.00 per acre(round up to the next acreage) Number of Acres= 47.00 $ 1,235.00 Non-Residential only:$1,000.00 Plus$10.00 per acre(round up to the next acreage) Number of Acres= 0.0 N/A $100 Fire review $ 100.00 COA application fee$200+$25 per D.U.or per 1,000 sq.ft.commercial($5,000 max.) Dwelling Units= 142 $ 3,750.00 Environmental Health Review Fee(if applicable) N/A $2,500 Environmental Impact Statement review N/A $1,000 Listed Species Survey(when EIS is not required) N/A $250 Site Clearing fee(first acre or fraction of an acre,round acres up to next whole acre) $250 for the first Acre N/A plus$50 for each additional acre or fraction of an acre:($3,000 maximum)#of acres N/A Total Acres to be Cleared= 0.0 N/A Utility Modeling and Analysis fee$1,000(only applies if zoned PUD or DRI) $ 1,000.00 Utility Plan Review&Inspection Fees Water+Wastewater Cost Estimate= $ 673,793.80 Utilities document review—0.75%of probable water/sewer construction costs 0.75%x Cost Estimate= $ 5,053.45 $ 5,053.45 Utilities Inspection Fee—2.25%of probable water/sewer construction costs •100%of Construction Inspections fees to be paid prior to Pre-Construction meeting 2.25%x Cost Estimate= $ 15,160.36 $ - Paving,Grading,Landscape,Lighting,&Drainage Review&Inspection Fees: Cost Estimate= $ 993,728.36 Construction document review—0.75%of probable roadway,paving&drainage construction costs 0.75%x Cost Estimate= $ 7,452.96 $ 7,452.96 Construction inspection —2.25%of probable roadway,paving&drainage construction costs •100%of Construction Inspections fees to be paid prior to Pre-Construction meeting 2.25%x Cost Estimate= $ 22,358.89 $ - Excavation Permit Fees x Application Development Fee: $ 400.00 $ 400.00 x Cubic Yardage: 49,705 $200 first 5000 CY;$10 per add.1000 CY($20,000.00 max) $ 647.05 x Pre-paid Inspections: 12 $200 per month payable yearly at the time of the annual report $ 2,400.00 Credit for fee paid at pre-application meeting,if submitted within 9 months of pre-app. N/A SUB-TOTAL: $ 22,038.47 PRE-APP CREDIT: TOTAL: $ 22,038.47 16A5 Bond No. SU1151361 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that Taylor Morrison of Florida,Inc. 551 N.Cattlemen Rd.#200 Sarasota,FL 34232 (hereinafter referred to as"Owner")and Arch Insurance Company Harborside 3,210 Hudson Street,Suite 300 Jersey City,NJ 07311-1107 (201)743-4000 (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 Million, Eight Hundred and Thirty Four Thousand, Two Hundred and Seventy-Four Dollars and Thirty-Eight Cents ($ 1,834,274.38 ) 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 plat named Esplanade at Hacienda Lakes Phase 4 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 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. 16A5 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 13th day of August , 20 18 k...)SES: (Owner Name and Title if Corporation) Taylor Morrison of Florida, Inc. By: ( � L� kk Andrew"Drew" Miller, Authorized Agent-Land Development Manager 'A, \Name Printed Name/Title (Provide Proper Evidence of Authority) k4:(2- a GJ\ b)11,,A.0( Printe Name ACKNOWLEDGEMENT STATE OF r—L-OvLi G�G� COUNTY OF,k, rq�d THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31 sf DAY OF /4 ti S t- , 20 [ V w__ , BY Andrew"Drew" Miller AS Authorized Agent- Land Develdpment Manager OF Taylor Morrison of Florida, Inc.WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of FIc+'t-10d (SEAL) Apr°�e NI tory�;e c State of POrida De ,O� V. �_ertt r° oQ Deborah K Beckett 1 e ,.7•�Commission FF 246040 4 F,.ares 0811412Q19 Printed Name �°F"° SURETY ACKNOWLEDGEMENT WITNESSES: [(Surety Name and Title if Corporation) Arch Insurance Company i By: ., Printed Name Printed Name/Title Danielle D.Johnson,Attorney-in-Fact, Samuel E Begun,Witness FL Licensed Non-Resident Agent, License No. W349974 (Provide Proper Evidence of Authority) IPrinted Name 'Eric Strba,Witness do Willis of Florida, Inc. 4211 W.Boy Scout Blvd.,Ste. 1000 Tampa, FL 33607 Inquiries: (813)281-2095 16A5 NOTARY ACKNOWLEDGMENT STATE OF CT COUNTY OF Hartford THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 13th DAY OF August , 20 18 , BY Danielle D.Johnson (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) OF Arch Insurance Company (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. Notary Public-State of CT (SEAL) Printed Name Aimee Perondine, Notary Public (Ord. No. 15 44,5 3.N) AIMEE PERONDINE NOTARY PUBLIC- CT 174145 M1"COMMISSK)N EXPIRES MAY 31,2022 16*5 AIC 0000250499 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 215`day of June,2018. Attested and Certified Arch Insurance Company sof IC.° C LUISUSAIE "UM QSEAL 1971n .t rivit Patrick K. Nails, Secretary David M. I nice stein, Executive Vice President STATE OF PENNSYLVANIA SSZSi4iEd COUNTY OF PHILADELPHIA SS I, Michele Tripodi, 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. GOMMONW ALTH OF PENNSYLVANIA miOtNOTARIAL SEAL elf TRIPODII,Notary Putitic Elly est PhNasrSetpn a,Ph C, lay Cat9mh�n sEasprxes July ty X120, l)212� Michel Trip di, Notary Public( My com ission expires 07/3112021 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 21 2018 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 Exe._,.five Viu<;°resident of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this J c_day of vti t 20 {'F- . or 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 ''xa (± Philadelphia,PA 19102 .4%r5 197101. sEAL a. Sf9Yari 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. AIC 0000250499 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS 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 Note, Loan, Letter of Credit, 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: Aimee R. Perondine, Aiza Anderson, Bethany Stevenson, Brian Peters, Danielle D. Johnson, Donna M. Planeta, Eric Strba, Jenny Rose Belen Phothirath, Joshua Sanford, Jynell Marie Whitehead, Lorina Monique Garcia, Mercedes Phothirath, Michelle Anne McMahon, Samuel E. Begun and Tanya Nguyen of Hartford, CT(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 .urety 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 Moves of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizancas and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceparce 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. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County A ltorney 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date . 2. 3. County Attorney Office County Attorney Office A • 1//t l 4. BCC Office Board of County Wv Commissioners V14 ckVA\8 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 Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 7/10/18 Agenda Item Number 16A5 Approved by the BCC Type of Document Plat and Supplemental Declaration to the Number of Original 2 Attached Declaration of Covenants,Conditions, Documents Attached Restrictions and Easements 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) A licable) 1. Does the document require the chairman's original signature? .ice SS► 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency; Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JH 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 JH 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 7/10/18 and all changes made during , the meeting have been incorporated in the attached document. The County w�+ k Attorney's Office has reviewed the changes, if applicable. t ; r 9. Initials of attorney verifying that the attached document is the version approved by the �4 1 BCC, all changes directed by the BCC have been made,and the document is ready for the ,110 ldQ Chairman's signature. - .; 10, 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 16A5 Return to:(enclose self-addressed stamped envelope) Angela Tompkins, Paralegal Greenspoon Marder LLP 5150 North Tamiami Trail Suite 502,Newgate Tower Naples,FL 34103 This Instrument Prepared by: Mark F.Grant,Esq. Greenspoon Marder LLP 5150 North Tamiami Trail Suite 502,Newgate Tower Naples,FL 34103 (239)659-1103 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ESPLANADE AT HACIENDA LAKES This SUPPLEMENTAL DECLARATION TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR ESPLANADE AT HACIENDA LAKES ("Supplemental Declaration") is made this 13 day of Au L1J /- ,2018,by TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation("Dechant"). WHEREAS, Declarant recorded that certain Declaration of Covenants, Conditions and Restrictions for Esplanade at Hacienda Lakes on March 31, 2014, in Official Records Book 5021, Page 2722, of the Public Records of Collier County, Florida, as the same may be further amended and supplemented(the "Declaration"); and WHEREAS, the Declaration subjects the property described in Exhibit "A"thereto to the easements, restrictions, covenants and conditions of the Declaration; and WHEREAS,Article III,Section 1,of the Declaration provides that Declarant may,from time to time, add any Additional Property or any other real property to the Property by recording a Supplemental Declaration describing the property being subjected; and WHEREAS, Declarant desires to subject the property described on Exhibit "A" attached hereto and made a part hereof("Additional Property")to the provisions of the Declaration; and WHEREAS,Declarant now desires to add the Additional Property to Esplanade at Hacienda Lakes as herein specifically provided; and WHEREAS,the Association is joining in this Supplemental Declaration to acknowledge its maintenance responsibilities described herein. 1 34046941v2 16A5 NOW, THEREFORE, Declarant hereby makes this Supplemental Declaration (which is intended to be and is a "Supplemental Declaration" as defined in the Declaration) and hereby declares that the Additional Property shall be deemed a portion of the "Property" under the Declaration and that the Additional Property shall be owned,held,used,transferred,sold,conveyed, demised and occupied subject to the covenants,restrictions,reservations,regulations,burdens and liens set forth in the Declaration as modified by this Supplemental Declaration, as follows: 1. The recitations herein set forth are true and correct and are incorporated herein by reference. 2. The definitions provided in the Declaration are incorporated herein by reference. 3. The Additional Property described on Exhibit"A"to this Supplemental Declaration is hereby designated a part of Esplanade at Hacienda Lakes and shall be sold, transferred, used, conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental Declaration and the Declaration. 4. Declarant hereby declares that all of the Additional Property designated on Exhibit "A" to this Supplemental Declaration is part of the "Property" and is therefore subject to the applicable land use covenants and the benefits and burdens established under the Declaration as fully as though it were originally designated as such in the Declaration. 5. Maintenance of the Lots and Homes. Each Owner of a Lot situated upon the Additional Property shall maintain his or her Lot and Homes in accordance with Article IX,Section 3 of the Declaration. If the Owner fails to perform his or her maintenance responsibilities in a manner consistent with the Declaration,then the Board shall have the power to assess costs against the Owner of a Lot as a Special Assessment pursuant to the provisions of Article VII, Section 3, of the Declaration. In addition, Lot Owners shall not: (i) make any alterations in any improvement or landscaping within the Lots, Common Areas or any property which is to be maintained by the Association; or(ii)remove any portion thereof or make any additions thereto; or(iii) do anything which would or might jeopardize or impair the safety or soundness of such property or Common Areas or which, in the sole opinion of the Architectural Control Committee (as defined in the Declaration) would detrimentally affect the architectural design of a building within Esplanade at Hacienda Lakes without first obtaining the written consent of the Architectural Control Committee. 6. Designation and Maintenance of Association Property. Tracts"R,""R1"and"R2" (R.O.W.), Tracts "010," "011," "012," "013," "014," "015," "016," "017" and "018" (Open Space/D.E.), all Access Easements (A.E.), an Irrigation Easement (I.E. #1), all Landscape Buffer Easements(L.B.E.),and Tract"AP"(Archeological Preserve)as shown on the Plat of Esplanade at Hacienda Lakes Phase 4 as described in Exhibit "A" attached hereto, is hereby declared to be Association Property. Maintenance of the Association Property shall be by the Association, as provided in Section 1 of Article IX of the Declaration. All costs of maintenance pursuant to this 2 34046941v2 16A5 Paragraph shall be assessed against all Lots in Esplanade at Hacienda Lakes as an Operating Expense pursuant to the provisions of Articles VI and VII of the Declaration and shall be subject to the lien of the Association pursuant to Section 2 of Article VI of the Declaration. 7. Conflict. In the event of any conflict between the provisions hereof and the provisions of the Articles and/or Bylaws and/or rules and regulations promulgated by the Association, the provisions of this Supplemental Declaration shall control. Except as otherwise specifically set forth in this Supplemental Declaration, in the event of any conflict between the provisions of this Supplemental Declaration and the provisions of the Declaration,the provisions of the Declaration shall control. IN WITNESS WHEREOF,Declarant has executed this Supplemental Declaration on the day, month and year first above written. TAYLOR MORRISON OF FLORIDA, INC. a Florida corporation _ S ign�t.u�re Printed Name: Andrew "D ew" Miller -) i�. Its: v4 Lc J b k! �( P inted Name � Signature (CORPORATE SEAL) �f tuna. R Printed Name STATE OF FLORIDA ) ) ss: COUNTY OF SARASOTA ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged// before me by Andrew "Drew" Wier as 4t,tY-j'o/1fE6 /-yen-. of TAYLOR MORRISON OF FLORIDA, INC., a Florida corporation, who is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this/ 3 day of j41,4(5u„S/ , 2018. / My Commission Expires: " /� _ �� Notary Public IN 000 04( Notary Pubtic State of Florida Deborah K Beckett Typed, printed or stamped name of Notary Public ,7 My Commission FF 246040 One read Expires 08/14/2019 3 34046941v2 a ' 16A5 EXHIBIT "A" Legal Description of Additional Property ALL PROPERTY SHOWN ON THAT CERTAIN PLAT OF ESPLANADE AT HACIENDA LAKES PHASE 4, RECORDED IN PLAT BOOK , PAGES THROUGH ,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,LESS AND EXCEPT ANY PROPERTY DEDICATED TO THE PUBLIC THEREON. 5 34046941v2 16A5 Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 16.A.2. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 11, (Application Number PL20180001590) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE !—!Meetings flCorrespondence !e-mails !Calls 16.A.3. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 3, (Application Number PL20180001192) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence I !e-mails I (Calls 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number P120180000116)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE !Meetings (Correspondence I le-mails I !Calls 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number PL20180000648) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE IlMeetings I !Correspondence I le-mails LJCalls 1 6 A 5 Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 16.A.4. be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number PL20180000116)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings Correspondence I le-mails —Calls 16.A.5. be provided by Commission members.Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number PL20180000648) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. jQ NO DISCLOSURE FOR THIS ITEM SEE FILE ( 1Meetings ( (Correspondence I le—mails( (Calls 16,A.6. be provided by Commission members.Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Enclave of Distinction, (Application Number PL20160001475)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE _Meetings I (Correspondence ne-mails (—Calls 16A 5 Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 16.A.4. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sutton Cay, (Application Number PL20180000116)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings nCorrespondence ne-mails (Calls 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item,all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number PL20180000648)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings nCorrespondence ne-mails [f Calls 16,A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Enclave of Distinction, (Application Number PL20160001475) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings _Correspondence Fie-mails ['Calls 1 6 A 5 Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA JULY 10, 2018 CONSENT AGENDA (continued) 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number PL20180000648) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE UMeetings LiCorrespondence De-mails [Calls 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Enclave of Distinction, (Application Number PL20160001475) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE LMeetings ['Correspondence [le-mails ❑Calls 16.A.7. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 12, (Application Number PL20180001783) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ❑Correspondence De-mails ❑Calls 16A5 Ex parte Items - Commissioner Penny Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 10, 2018 16.A.5. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase 4, (Application Number PL20180000648) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I (Meetings Correspondence He-mails 'Calls 16.A.6. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Enclave of Distinction, (Application Number PL20160001475) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE I 'Meetings I (Correspondence I je-mails I (Calls 16.A.7. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Isles of Collier Preserve Phase 12, (Application Number PL20180001783) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. X NO DISCLOSURE FOR THIS ITEM SEE FILE (Meetings [Correspondence ne-mails [Calls