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Backup Documents 06/26/2012 Item #16A 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 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 exception of the Chairman's signature, draw a line through routing linen #1 thmugh #2 C. mntete the A.A-1;.* —A e..,, A.,, I.a r-�......... Afl...�..- ...,a:__ Route to Addressees (List in routing order) _ -___ .. _ �____ _ .. _, ��... Office Initials Date L appropriate. (Initial ) Applicable) 2. June 25, 2012 Agenda Item Number 16 -A3 3. County Attorney Office County Attorney Office JH 1 4. BCC Office Board of County Commissioners Number of Original 2- Agreement and Bond 5. Minutes and Records Clerk of Court's Office Documents Attached 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 June 25, 2012 Agenda Item Number 16 -A3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, JH Type of Document Construction & Maintenance Agreement Number of Original 2- Agreement and Bond Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed JH number if document is b 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 & CHECKIaST 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 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 signed by the Chairman, with the exception of most letters, must be reviewed and signed JH b 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 si tore and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip j 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 June 25, 2012 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 It BCC, all changes directed by the BCC have been made, and the document is ready for the (fi p Chairman's signature. LJI 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 P 16A 3 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this -'day of �c.th�� `ZD11,,, between SLV Reflection Lakes, LLC 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 a certain plat of a subdivision to be known as: Reflection Lakes at Naples Phase 3A. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: All Subdivision Improvements including potable water, sanitary sewer facilities, storm drainage, paving, grading, landscape and irrigation within six (6) 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 $110,393.32 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate 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 County 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 Page 1 of 3 16A 3 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 Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 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 Page 2 of 3 16A 3 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 Zih day of Ji.U1.C,90j;t SI THE PRESENCE OF: SLV Reflection Lakes, LLC By. Pri ame: �Z...�,:,.,. M e Moe uthorized Signator Print N ' e: T. :1 ter• ATTEST,,-v ","4')7 DW BROrCI�',,Clerk By; :...C_ Attede0i Approved and legal mdy 1 Pepin Assistant County Attorney Approved Form — JAK — February 2006 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ' >I By: 7k4 -� FUD V4. MO L ) Chairm Page 3 of 3 16A 3 4 PERFORMANCE BOND Bond No. LPM9110758 KNOW ALL PERSONS BY THESE PRESENTS: that SLV Reflection Lakes, LLC 6310 Capital Drive, Ste 130 Bradenton, FL 34202 Fidelity and Deposit Company of Maryland (hereinafter referred to as "Owner") and 1400 American Lane, Schaumburg, IL 60196 (847) 605 -6 ME OF SURETY) (ADDRESS/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 One hundred ten thousand three hundred ninety three Dollars and thirty two cents Dollars ($110.393.32) 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 Reflection Lakes at Naples — Phase 3A 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. 16A 3 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 22ncday of February 2013. ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS S DAY OF ,20 i3, . BY m �>.��i Mva" AS _ OF WHO I PERSONA QVOWN TO MD, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of (SEAL) =C0 I E, JOYCE �* :r S16N k EE 131883 eptember 19, 2015 tary Public Underwriters Printed Name LO I ]OyC2 Fidelity and Deposit Company of Maryland ITNESSES: ITNESSES: Title o oraion By: A.--- By: Printed ame/Title lyl k-0 ly tvwr. rinted Name (Provide Proper Evidence of Authority) (Provide Proper Evidence of Authority) rinted Name ACKNOWLEDGEMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS S DAY OF ,20 i3, . BY m �>.��i Mva" AS _ OF WHO I PERSONA QVOWN TO MD, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of (SEAL) =C0 I E, JOYCE �* :r S16N k EE 131883 eptember 19, 2015 tary Public Underwriters Printed Name LO I ]OyC2 Fidelity and Deposit Company of Maryland ITNESSES: (Surety me Wd T[ttle-%if, Corporation) By: i ed Name n C6 CzIap`inW Printed me/Title Victoria P. Parkerson, Attorney-in-F. -_ G'�— ,( �L [Printed Name Christoph6r Kelly (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF CONNECTICUT COUNTY OF HARTFORD THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 22nd DAY OF February X20 13 BY Victoria P. Parkerson AS Attorney -in -Fact OF Fidelity and Deposit Company of MarylV"jo IS PERSONALLY KNOWN TO ME, QflckiCdbBcit3ROSki xxxxxxxxxxAcS idicTcl40A) lON Notary Public - State of Connecticut (SEAL) Print Name Cynthia L. Chasse My Commission expires 8/31/2014 ct ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY 16A 31 KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John B. O'KEEFE, Victoria P. PARKERSON, Cindy CHASSE, Christopher R. KELLY and Joanne CZLAPINSKI, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of July, A.D. 2012. ATTEST: N 9X'_' X_)" 151_'� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SiAL AM VN low 5 00 Assistant Secretary Vice President Eric D. Barnes James M. Carroll State of Maryland City of Baltimore On this 12th day of July, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 063 -93038 ,. A 6 EXTRACT FROM BY -LAWS OF THE COMPANIES 16 A 3'4 "Article V, Section 8, Attomevs -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN T�STIMO WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this'_ ►"lday of ( 20 _a. ONO ` it w Geoffrey Delisio, Vice President `.� ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY 16A 34 KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John B. OIKEEFE, Victoria P. PARKERSON, Cindy CHASSE, Christopher R. KELLY and Joanne CZLAPINSKI, all of Hartford, Connecticut, EACH its true and lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 12th day of July, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND stop �.. C l M• a 41y l io In isAL = 01� -e Assistant Secretary Vice President Eric D. Barnes James M. Carroll State of Maryland City of Baltimore On this 12th day of July, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M. CARROLL, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that helshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Q�.�✓�^ .^ � �'. ��., ill °1\., ' }� �i /lTny7:lA• %S � IIIIII IIIII�```` Constance A. Dunn, Notary Public My Commission Expires: July 14, 2015 POA -F 063 -93038 F aai EXTRACT FROM BY -LAWS OF THE COMPANIES 16A 3,4- "Article V, Section 8, Attorneys -in- Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHE 'OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 4 -day of ( 201a. aaAL own I •z_t,? ,w )&IA vze4a- Geoffrey Delisio, Vice President 16A 3 D Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227 9"91 Bond No. LPM9110758 RIDER To be attached to and form a part of Performance Bond, No. LPM09110758 dated the 22 "d day of February, 2013 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as Surety, on behalf of SLV Reflection Lakes, LLC, as Principal, in the penal sum of One Hundred Ten Thousand Three Hundred Ninety Three and 32/100 Dollars ($110,393.32), and in favor of Collier County, Florida In consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: Inreasing the bond amount to One Hundred Thirty Three Thousand Four Hundred Twenty Six and 02/100 ($133,426.02) Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the 22 "d day of February, 2013. Signed, sealed and dated this 5`h day of March, 2013. ATTEST: ACCEPTED: J1123 SLV ecti , LJLC :ell By. Michael Moser Authorized Signatory FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Victor P. Parkerson, Attorney -in -Fact INC. VIA/A CONSULTING Z t V VA. Z Planning Visualization Civil Engineering Surveying & Mapping Certificate of Business Certificate No. EB- 0007663 Reflection Lakes at Naples - Phase 3A Engineer's Opinion of Remaining Construction Costs SUMMARY SANITARY SEWER SUB -TOTAL POTABLE WATER SUB -TOTAL STORM DRAINAGE SUB -TOTAL PAVING AND GRADING SUB -TOTAL LANDSCAPING AND IRRIGATION (2) TOTAL 110% BONDING AMOUNT Note• 1. This Engineer's Opinion of Probable Cost represents and estimated cost for constructing only the infrastructure shown within the Construction Plans for this phase (RWA, Inc. File No. 090298.00.01 dated December 2011). 2. Landscaping and Irrigation probable cost from William Patrick Trefz, R.L.A. signed and RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Phone: 239 -597 -0575 Fax: 239 -597 -0578 '• No o 16A 3�4 $0.00 $0.00 $0.00 $67,520.00 $32,837.56 $100,357.56 $110,39332 ?NS�c • 9' 60010 � ;gcr�' Nkpas, ��,10F cZ 2/12/2013 INC. �A� IA V%ni nation C C3 N S U L T I N CG Civil Engineering JL t trA 1 Surveying ar Mapping Certificate of Business Certificate No. EB- 0007663 Engineer's Opinion of Remaining Construction Costs Project: Reflection Lakes at Naples - Phase 3A Date: February 12, 2013 Estimated By: Michael Pappas Checked By: Michael Pappas PAVING AND GRAnING 16A 3 i UNIT I QUANTITY I UNIT TOTAL P -1 3/4" Type S -III ACSC (2nd Lift) SY 3,350 $6.00 $20,100.00 P -2 5' Sidewalk LF 2,955 $9.00 $26,595.00 P -3 Blue Reflector in Pavement @ Fire Hydrant EA 3 $25.00 $75.00 P4 Signing and Striping LS 1 $1,500.00 $1,500.00 P -5 Street Lights EA 11 $1,750.00 $19,250.00 Paving and Grading Sub -Total $67,520.00 2013 -02 -12 OPC Remaingin Phase 3A.xls 2112/2013 U Co fH Ia`I Lo m �� >- r} z L)0000 l0 L L L L h tq d1 (A m m m m S'UTUT0 ') �4 Npp 04 U U U U O CV 04 04 fV ++ a CL CL CL :O !A Vl N to X X X X �y L L L L O O O O � r r F- m .O C O m g m � F m Z ° 3 o m C ~ O!omY c Ea °'0 0 m > m CiwIm ILI m Qm m C O Co y m C m m am` W o o W m m m .0 o Z c m m E v`ro'�m co cm'o�� X m m 7 3 D 2 2 0 -O 0900 Igo 16A 34 14 O V ^O C O CL O I M � J � i N c Z J ° C m d. u a Q V p' L M F ui N Q u 4) a o mN ai = 2 u a R Irmo C U Co fH Ia`I Lo m �� >- r} z L)0000 l0 L L L L h tq d1 (A m m m m S'UTUT0 ') �4 Npp 04 U U U U O CV 04 04 fV ++ a CL CL CL :O !A Vl N to X X X X �y L L L L O O O O � r r F- m .O C O m g m � F m Z ° 3 o m C ~ O!omY c Ea °'0 0 m > m CiwIm ILI m Qm m C O Co y m C m m am` W o o W m m m .0 o Z c m m E v`ro'�m co cm'o�� X m m 7 3 D 2 2 0 -O 0900 Igo 16A 34 14 INC. W XA/A Planning Visualization CONSULTING Civil Engineering -Z t T T l 1 Sill Veying &Mapping Certificate of Business Certificate No. EB- 0007663 Reflection Lakes at Naples - Phase 3A Engineer's Opinion of Completed Construction Costs SUMMARY SANITARY SEWER SUB -TOTAL POTABLE WATER SUB -TOTAL STORM DRAINAGE SUB -TOTAL PAVING AND GRADING SUB -TOTAL LANDSCAPING AND IRRIGATION (2) TOTAL 10% BONDING AMOUNT 16A 3 $93,030.00 $74,600.00 $93,095.00 $137,232.00 $0.00 $230,327.00 $23,032.70 Note: 1. This Engineer's Opinion of Probable Cost represents and estimated cost for constructing only the infrastructure shown within the Construction Plans for this phase (RWA, Inc. File No. 090298.00.01 dated December 2011). 2. Landscaping and Irrigation probable cost from William Patrick Trefz, R.L.A. signed and • _"'T' Michaeit. a4as, tk. 1 l'�'l�llAtll tliidllil�� ", RWA, Inc. 6610 Willow Park Drive Naples, Florida 34109 Phone: 239 - 597 -0575 Fax: 239 -597 -0578 2/12/2013 16A 34 INC. Planni VIA TA Visualizgation C ON S U L'I I N 0 Civil Engineering Z %. T Tl 1 Surveying & Mapping Certificate of Business Certificate No. EB- 0007663 Engineer's Opinion of Completed Construction Costs Project: Reflection Lakes at Naples - Phase 3A Date: February 12, 2013 Estimated By: Michael Pappas Checked By: Michael Pappas DESCRIPTION UNIT QUANTITY UNIT TOTAL COST S -1 8" PVC Sanitary Sewer Main LF 1,340 $25.00 $33,500.00 S -2 4' Diameter Manhole ( <6') EA 4 $3,300.00 $13,200.00 S -3 4' Diameter Manhole ( >61) EA 4 $4,500.00 $18,000.00 S-4 Single Sewer Lateral EA 3 $650.00 $1,950.00 S -5 Double Sewer Lateral EA 22 $850.00 $18,700.00 S-6 Connect to Existing Gravity EA 2 $1,000.00 $2,000.00 S -7 Sewer Testing LS 1 $3,000.00 $3,000.00 S -8 Television Inspection LF 1,340 $2.00 $2,680.00 Sanitary Sewer Sub -Total $93,030.00 2013 -02 -12 OPC Completed Phase 3A.xls 2/12/2013 16A 3 4 INC. DIVA Visualization g C O N S U L T I N Ci Civil Engineering Z t 1IL JL Surveying & l",IZping Certificate of Business Certificate No. EB- 0007663 Engineer's Opinion of Completed Construction Costs Project: Reflection Lakes at Naples - Phase 3A Date: February 12, 2013 Estimated By: Michael Pappas Checked By: Michael PaDDas POTABLE WATER I ua�� iur t ivlr I UNIT I QUANTITY I UNIT I TOTAL COST W -1 8" PVC Water Main (C -900, DR 18, PC 150) LF 1,525 $20.00 $30,500.00 W -4 8" Gate Valve w/ Box EA 1 $1,300.00 $1,300.00 W -5 Fire Hydrant Assembly w/ Valve EA 3 $3,700.00 $11,100.00 W -6 Automatic Flushing Device EA 1 $3,300.00 $3,300.00 W -7 Single Water Service EA 10 $500.00 $5,000.00 W -8 Double Water Service EA 18 5700.00 $12,600.00 W -9 Permanent Sample Point EA 1 $2,500.00 $2,500.00 W -10 Temporary Gap Configuration EA 1 $2,000.00 $2,000.00 W -11 Connect to Exisiting 8" Water Main EA 2 $1,800.00 $3,600.00 W -12 Water Main Testing LS I 52,700.00 $2,700.00 Potable Water Sub -Total 2013-02 -12 OPC Completed Phase 3A.xis $74,600.00 2/12/2013 16A DIX TA iNC.Planning Visualization CONSULTINC. Ci-ilEngineering Z TL 1 Surveying & Mapping Certificate of Business Certificate No. EB- 0007663 Engineer's Opinion of Completed Construction Costs Project: Reflection Lakes at Naples - Phase 3A Date: February 12, 2013 Estimated By: Michael Pappas Checked By: Michael Pappas I v�� xiruuly I UNIT I QUANTITY I UNIT I TOTAL COST D -I 15" RCP LF 28 $30.00 $840.00 D -2 24" RCP LF 623 545.00 $28,035.00 D -3 30" RCP LF 344 $55.00 $18,920.00 D4 Junction Box Y x 3' EA I 52,800.00 52,800.00 D -5 Type'C' Inlet EA 4 $2,700.00 $10,800.00 D-6 Throat Inlet EA 6 54,000.00 $24,000.00 D -7 Headwall 24" EA 1 $2,300.00 $2,300.00 D -8 Headwall 30" EA 2 $2,700.00 $5,400.00 Storm Drainage Sub -Total $93,095.00 2013 -02 -12 OPC Completed Phase 3A.x1s 2/12/2013 3 16A 3 , DAA Tn INC. Planning Visualization CONSULTING Civil Engineering -� _ T TL .i Surveying & Mapping Certificate of Business Certificate No. EB- 0007663 Engineer's Opinion of Completed Construction Costs Project: Reflection Lakes at Naples - Phase 3A Date: February 12, 2013 Estimated By: Michael Pappas Checked By: Michael Pappas PAVING AND GRADING_ I vc��x►ritur I UNIT I QUANTITY I UNIT I TOTAL COST P -1 Remove Existing Curb/Pavement and Dispose LS 1 $1,500.00 $1,500.00 P -3 12" Stabilized Subgrade (LBR 40) SY 4,350 $2.00 $8,700.00 P4 8" Limerock Base (LBR 100) SY 3,350 $7.00 $23,450.00 P -5 3/4" Type S -III ACSC (1st Lift) SY 3,350 $5.00 $16,750.00 P-6 3/4" Type S -III ACSC (2nd Lift) SY 0 $6.00 $0.00 P -7 Concrete Valley Gutter LF 3,018 $7.00 $21,126.00 P -8 5' Sidewalk LF 0 $9.00 $0.00 P -9 Sod (2' strip adjacent to curb within R/W) SY 670 $1.50 $1,005.00 P -10 Density Testing - Paving and Grading LS 1 $3,000.00 $3,000.00 P -11 Blue Reflector in Pavement @ Fire Hydrant EA 3 $25.00 $75.00 P -12 Sediment Control Fence LF 3,726 $1.00 $3,726.00 P -13 Rear Yard Swale Grading LF 1,980 $5.00 $9,900.00 P -14 Earthwork within Right -of -way LS 1 $48,000.00 $48,000.00 P -15 Street Lights EA 0 $1,750.00 $0.00 Paving and Grading Sub -Total $137,232.00 2013 -02 -12 OPC Completed Phase 3A.xls 2/12/2013