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Backup Documents 12/10-11/2013 Item #16A 2V1C11ar11�IL�L LIJI. U1V V lel 13 1 M itV U 1111411T 31-dlr TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j 6 A 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 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 additi, anal 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. appropriate (Initial) Applicable) 2. 12/10/2013 Esplanade at Hacienda Lakesj Agenda Item Number 16-A2 3. County Attorney Office County Attorney Office JH 3�a5/ry 4. BCC Office Board of County Commissioners `\ NA �Zg14 5. Minutes and Records Clerk of Court's Office IM '3[6114 Mss qfn PRIMAF, V CONTACT INFORMATION Normally the primary contact is the perso:i who created/pr.pared the Executive Summary. Primary contact information is needed in the event one of the addressees above. may need to contact stafffor additional or missing information. 1 Name of Primary Staff John Houldsworth Phone Number x-5757 Contact / Department appropriate (Initial) Applicable) Agenda Date Item was 12/10/2013 Esplanade at Hacienda Lakesj Agenda Item Number 16-A2 Approved by the BCC Phase One JH Type of Document Plat Number of Original One - Plat Attached Original document h:is been signed/initialed 'or legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the cxceptirni !'most letters, must be reviewed and signed number if document is by the Office of the County A Corney. to be recorded All handwritten strik<,-throu,_ih :mei revision, 'rave been initialed by the County Attorney's N/A INS'1' RUCTIONS & CHECKLIST 1: Forms/ County Forms/ 11CC Im/ t)ri , 1 %ncurucnis P n- Slip WWS Original 9.03.04, Revised 1.26.05, Revis�.Rev�sed 1/30/12 Initial the Yes column or marl< ,.\!A" in the \ot Applicable column, whichever is Yes N/A (Not appropriate (Initial) Applicable) 1. Does the document require the chairman's o� iginal signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information (Name; AeCnc ; Address; Phone) on an attached sheet. 3. Original document h:is been signed/initialed 'or legal sufficiency. (All documents to be JH signed by the Chairman, with the cxceptirni !'most letters, must be reviewed and signed by the Office of the County A Corney. 4. All handwritten strik<,-throu,_ih :mei revision, 'rave been initialed by the County Attorney's N/A Office and all other 1) u -ties exrC pt the BCC , Iairman and the Clerk to the Board 5. The Chairman's sign,:turc line data has bcc entered as the date of BCC approval of the JH document or the ftn,t: negotiated contract (i;: whichever is applicable. 6. "Sign here" tabs are i;laced on the appro:): v pages indicating where the Chairman's signature and initials ar-, rcquir„I. 7. In most cases (sonic CO!Il race::! C :111 excepl n), the original document and this routing slip should be provided :o the Cu;n!v \ttoruc,, ']Ice at the time the item is input into SIRE. Some documents ir, ,*cmc sC s:,Iivc and rcq� c forwarding to Tallahassee within a certain time frame or the ['•' "s aCti. l ; :!re nullitl. Be aware of your deadlines! 8. The document w. +s ;it ov�_d h the 13C�" rn December 10, 2013 and all changes made during the mcctin;. . �• b ,,•�, „��Corl) : -•I in the attached document. The County Attorney's Office -c% ici he ch;if applicable. Initials of attorney in ' :;,C ,ttl tc!. (aocumcnt is the version approved by the it 9. BCC, all chances d , .;,I l .: SCC , _ � en made, and the document is ready for t e - Chairman's si�,natm 1: Forms/ County Forms/ 11CC Im/ t)ri , 1 %ncurucnis P n- Slip WWS Original 9.03.04, Revised 1.26.05, Revis�.Rev�sed 1/30/12 Vit1ls11�L1L LVI. U1VM11 13 OL 1(V U l ll'lls ;3Llr TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATuRE16A2 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 #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature_ draw a line through routine lines # 1 through #2. complete the checklist, and forward to the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. 12/10/2013 Esplanade at Hacienda Lakes Agenda Item Number 16-A2 3. County Attorney Office County Attorney Office JH 4. BCC Office Board of County Commissioners 1Y� Two — Agreement and 5. Minutes and Records Clerk of Court's Office Documents Attached 3'x/14 10t,5i&I 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 appropriate. (Initial) Applicable) Agenda Date Item was 12/10/2013 Esplanade at Hacienda Lakes Agenda Item Number 16-A2 Approved by the BCC Phase One JH Type of Document Construction & Maintenance Agreement Number of Original Two — Agreement and Attached and Performance Bond Documents Attached Bond PO number or account signed by the Chairman, with the except ion o I' most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike -through and revisions have been initialed by the County Attorney's N/A INSTRUCTIONS & CHECKLIST L Forms/ County Forms/ BCC Forms/ 01 iginal Documents Rol . it Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 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 except ion o I' 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 cxce t 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 appropriai,, pages indicating where the Chairman'sVV signature and initials are required. 7. In most cases (some contracts are an cx:ception), the original document and this routing slip should be provided to the County Attorney O fl ice 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. 13e aware of your deadlines! 8. The document was approved by the 13CC on December 10, 2013 and all changes made during the meeting have been incorl)orate•! in the attached document. The County Attorney's Office has reviewed the :,an cr;, if applicable. ik 9. Initials of attorney vcril'\ing that the nw!lchcd document is the version approved by the i BCC, all changes directed by the 13CC have t•::,,n made, and the document is ready for the Chairman's signature. L Forms/ County Forms/ BCC Forms/ 01 iginal Documents Rol . it Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 MEMORANDUM 16A2 Date: March 28, 2014 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Esplanade at Hacienda Lakes Phase One — Plat and Construction & Maintenance Agreement/Performance Bond Attached for your records is a copy of the document referenced above (Agenda Item #16A2) adopted by the Board of County Commissioners on Tuesday, December 10, 2013. If you should have any questions, please feel free to contact me at 252-8411. Thank you. 16A2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 6th day of March / / 20 14 between Taylor Maroon of Fb ,,W 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 one 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: A 1. Developer will cause to be constructed: m (LrK. Stt?AVA Et A Dl 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 $ 2,441,837.34 - 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. 16A2 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 LQT"'N day of MW6 / " / , 20_U_. SIGNED IN THE PRESENCE OF: (Name of Entity) By: rin d Name r Printed Name/Title (President, VP, or CEO) Qr' ll�ag k 2 (Provide Proper Evidence of Authority) Printed Name::.; ATTEST: DWlG T E. BRdC# LERK BOARD OF COJJNTY COMMISSIONERS OF COLLIER OUNT , LORIDA 6-ep&y C(erk ""Attest as 10 MaIduall B TOM HENNING, CHAIRMAN App oved an for&VVA LL Assistant County Attorney JCOLL N Jwi 1c PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Taylor Morrison of Florida, Inc. 551 North Cattlemen Road, Suite 200 Sarasota, Florida 34232 (hereinafter referred to as "Owner") and Arch Insurance Company 1125 Sanctuary Parkway, Suite 200 Alpharetta, GA 30009 (404) 682-3899 (NAME OF OWNER) (ADDRESS OF OWNER) (ADDRESS OF OWNER) (NAME OF SURETY) (ADDRESS OF SURETY) (ADDRESS OF SURETY) 16A2 Bond No. SU 1124519 (TELEPHONE NUMBER OF SURETY) (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 Two Million Four Hundred Forty One Thousand Eight Hundred Thirty Seven and 34/100 Dollars ($2,441,837.34) 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 Esplanade at Hacienda Lakes, Phase 1 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 16A2 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15th day of January, 2014. ' (Owner Name and Title if Corporation) WITNESSES: Taylor Morrison of Florida, Inc., � i a Florida corporation i B� f By: Printed Name:/ e G d� r^c� Printed N me/Title: John Asher, Authorized Agent I By: (Provide Proper Evidence of Authority) f IEr inted Name:JOYMY 411/{/yCh� ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF LEE THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS J 3 DAY OF YCV) . 2014, BY John Asher AS Authorized Agent OF Taylor Morrison of Florida, Inc., WHO IS PERSLt= .ONAY-t4NQWf ,Tja E, OR HAS PRODUCED AS IDENTIFICATION. _ — ~~ Notary Public - State of Florida (SEAL) Eyiv,"4, P(�JACUUEIYN LAROCO: Notaty Public Slate of f M4 Comm. Expires oo i, in d Name�A., Commission a i F A? 16A? C/O WILLIS OF FLORIDA 4111 W BOY SCOUT BLVD, #1000 TAMPA, FL 33607 ACKNOWLEDGMENT INQUIRIES: (813)281-2095 STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 151h DAY OF January, 2014, BY Margaret A. Ginem AS Attorney-in-fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME X, OR HAS PRODUCED n/a AS IDENTIFICATION. Notary Public - State of Florida (SEAL) // � Hinted Name, Marianella Barnbla� MARIANELLA it BARNt1IA E Commission # EE r 1; U1u5 . Expires May 5, 2016 �. ncrufed Thr. 1 roy F.rn ,�r co F;NL (Surety Name and Title if Corporation) WITNESSES: Arch Insurance Company - Printed Name: leen Heard Printed Name/Title: Margaret A. Ginem. Attorney -in -Fact & FL Licensed Resident Agent (Provide Proper Evidence of Authority) By: Printed Name: Anett Cardinale j C/O WILLIS OF FLORIDA 4111 W BOY SCOUT BLVD, #1000 TAMPA, FL 33607 ACKNOWLEDGMENT INQUIRIES: (813)281-2095 STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 151h DAY OF January, 2014, BY Margaret A. Ginem AS Attorney-in-fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME X, OR HAS PRODUCED n/a AS IDENTIFICATION. Notary Public - State of Florida (SEAL) // � Hinted Name, Marianella Barnbla� MARIANELLA it BARNt1IA E Commission # EE r 1; U1u5 . Expires May 5, 2016 �. ncrufed Thr. 1 roy F.rn ,�r co F;NL 16A2 AIC 0000019346 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, Carol H. Hermes, David H. Carr, 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. OOMLOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. 16A-^ AIC 0000019346 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 23rd day of November, 2011. Attested and Certified UMPMATE U SEAL e----aNils Secretary M�ii6d1� STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company F1/1 David M.m e stein, Executive Vice President I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen 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. coni Me TM QF PEN V_AMA NOTARIAL SEAL KATHLEEN MAnNKUB,NowryPume t��i-nZi ctf Of Pl holphlr M1. Lbun 4_ot Public My commission expires 3/14/2014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 23. 2011 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 WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _L!SA day of L 20J . r� ------ ------------------------ artin J. Nils n, 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 C6 Philadelphia, PA 19102 +� (uRfi7NAT t �9i lfii� �ti3i271� _/ OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.