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Backup Documents 09/11-12/2012 Item #16A18ORIGINAL DOCUMENTS CHECKLLST 16� q 1 g TO ACCOMPANY ALL ORIGINAL DO � ROUTING LIP THE BOARD OF COUNTY CO DOCUMENTS SENT TO Print on vh+k paper Anach to on anal COMMISSIONERS F'FICE eoctu u to ro ► warded to tlae Board OpRCe Cn �tunerrta ihMW be hand dddiivF+e dt FOR SIGNATURE h � the Board hag takat action ort the item.) Board O(lic�, the complCW roun.ng slip and on C=Pkft lion of du Sh Nara "Mpdit for ROUT G SLIP BuaE rou,zete Addl'ase drn• • lea lrtruM,r �,., J « ���7ft�dw� et� lbrtm e. .ad� 00 t'vif; to xac prtegr� eortta4 ig du holds PRI�IARi CONT 'I" ION Eacecrt}}ya g °' ,ha orf l metre paetttn� FACT INIi'Q1�jq a roinafn : �"mY ccn4ot ntforraa lip rm— tl i�� AN ori6l "odeQ in lbe era:t oft of PtA°h conpo u the 0e0d�i din. Btu ChafrtnM�n d � ctdud* Krick PeraOq �1to caatedlpr a der area of Ptiq�a .Stag [ : Ll.t� �.. �.la-6� datrvu,nr to tort � o ody aAa tfie 8QC uda 10 ;s a . S • ' i /: Fantty Cot,ut), Porten/ � P lival utoU Ori ' p L+�. 3Jip Wyyf 0V1W 9.03.0, Kerins/ 1.26.03, Rerinad 2.24.01 16A18 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS �CON TRUC ION AND AINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this i 1ayof 1 hereinafter i �� between PUIT15 QATf Wafter 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: QUARRY PHASE 4 REPLAT, LOTS 42 THROUGH 75 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: within eighteen (18) months from the date of approval hereinafter referred to as the required improvement of said subdivision plat, said 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 210.986.14 total contract cost to complete the construction Plus 100% of the estimated oust to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the 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. raw ,r 16A10 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 of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the -Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this �� day of 9 o ( 3 I 16A18 PERFORMANCE BOND BOND NO. CKS268539 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation (Name of Owner) 24311 Walden Center Drive, Suite 300 (Address of Owner) Bonita Springs FL 34134 (Address of Owner) (Hereinafter referred to as "Owner ") and RLI Insurance Company (Name of Surety) PO Box 3967 (Address of Surety) Peoria IL 61612 (Address of Surety) 800 - 645 -2402 (Telephone Number) (hereinafter referred to as "Surety ") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County ") in the total aggregate sum of two hundred ten thousand nine hundred eighty six &14/100 ($ 210,986.14 — Dollars 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 QUARRY PHASE 4 REPLAT, LOTS 42 THROUGH 75 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 de'etion 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 16A1" 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 5th day of December / 2012 WITNESSES: (Owner Name and Title if Corporation) Pulte Home Corporation By: Printed Name Printed Name /Title Bruce E. Robinson, VP & TreasureY (Provide Proper Evidence of Authority) Printed Name ----- �._.- Robert Porter, Asst. Secreta ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY 5th / DecemHer OF OF ACKNOWLEDGER) ASVP & Treasurer l2 T ) �� "ce F Rnhin (NAME COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED H�kn (' kn °wn nrnnr�ta (NAME OF AS IDENTIFICATION. na y Notary Public - State of MICHIGAN (SEAL) SHIFUYE HUTCHINS NOTARY PUBM, STATE OF m, COUNTY OF WAYNE MY COMMISSION EXPIRES Mar 30, 2017 Pri ed Name Sh rley E. Hutchins ACTWOIN COUNTY OF RLI INSURANCE COMPANy Surety BY: �K Jessica Hollaender TITLE: Attorney -in -Fact Approved as to form & legal sufftclency T �F7 , 16A18 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) COUNTY OF OAKLAND) )SS. On this 5th day of December, 2012, before me, the undersigned authorized employee, personally appeared Robert Porter who acknowledges himself to be Assistant Secretary of Plllte Home Corporation. and as such employee, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such officer. WITNESS my hand and official seal. Sh rley E. Hut ins, Notary Public Wayne County, Michigan Acting in Oakland County, Michigan My Commission Expires: March 30, 2017 SHIRLEY E. HUTCHINS 'VOTARY PUBLIC, STATE OF MI COUNTY OF WAYNE MY COMMISSION EXPIRES Mar 3o, 2017 ACTING IN COUNTY OF ?l RLI RU S�ety P.O. Box 3%7 1 Peoria, IL 61612 -3%7 Phone: (800)645 -2402 1 Fax: (309)689-2036 www.rlicorp.com Know AM Men by These Presents: 16A18 POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached approving officer if desired. by the That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Vireinia t=r;c co rin Bro ra in the City 'ant Power and authority hereby conferred, to sign, execute, of Ari7nn� --�,_ its true and lawful Agent and Attorney in Fact, with full bond. !, execute, acknowledge and deliver for and on its behalf as Surety, the following described Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (S25,0W,00o.00)• The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bon d had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of of RLI Insurance Company, and now in force to -wit: Dtrectors "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate n the Company by the President, Secretary, of Directors may authorize. The prient, Assistant Vnce President, t Secretary, Treasurer, or any Vice President, or by such other office�rsoas the Board Attorneys in Fact or Agents who shall have authority to issue bonds, policie r undertakings in game of the Comp, an Th Lary, or the Treasurer may appoint seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. signature of any such officer and the co p Y e corporate corporate sea! may be printed by facsimile." rp n. The IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its corporate seal affixed this �_ day of _ Oc t�_, Vice President with its ;0�iii•!!�f�o., RLI Insurance Company 00rt°O14s��Z S E A L. By: x _ S Roy C. Di State of Illinois i'' Vice President County c Peoria } SS On this _Qjj� �y of October personally appeared - -emu—.• before me, a Notary Public, acknowledged that he signed the above Powehroobeing rney as thel aforesaid' officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jacque . e M. Bockler Notary Public "OFFICIAL SEAL" "'K10 JACQUELINE M. SOCKLER swrwr uws M EXARES oytYnl 025077102o212 CERTIFICATE I, the undersigned officer of RLI Insurrnce Company,, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and of %ct and is irrcv,3cable; and furthermore, that the Resolution of the Company as ;ct forth in the Power of Attorney, is now in force. In !esrmony whereof, I have here on(� m h d an this 7t y seal °f1!► RLI Iusuraaee Company yof- �1 RLI Insurance Company By: Roy C. Di Vice President A0058707 5.0 ENGINEER'S OPINION OF PROBABLE COST 5.1 16A18 50 4102 j 074.94 /0219.2$ 130,600,00 16A1$ Earthwork —# 99:6 - 11107 )071.9(o .andscape itreetLighung 36,21928 f L�21q•2$ a $30,800.00 43() 1900,00 Mainage 1. Olaf Paving, Earthvork, Landscape, Lighting i = 4 (3qTI .24 Plan 0 eview- 41S70 ofPavinq, GradJng: Landsca e L � P , igNdnq d Drainage Costs) Construcfbn Observation fee ( ?. ?S'Y. Wavinn nrsm.., 1._ ,____ _ $9,240.7J $4,62a3s i .6 2— Bz9W ounlain. E. FL Lie X10.6fiT#TE OF ZO Iltl TOTAL s $3,Cd0. ?/ iJ,Od0.21 97 t7,700.tif �>�����ZH ANN Fo iii 51 5.2 Potable Water, Wastewater and Irrigation System Calculations 1 Potable Water Distribution 2 WastewaterCotlecdon _ _A 3 Irrigation System =620 00 Costa s & 'jn• 'j•fn nn Util(ty Construction Plan Revlew Fee (75% of Utility Costs) Construction Observation fee (2.23% Of Ut lity Costs) (ONLY 50% DUEAT SUBMITTAL) TOTAL FEES 16A18 [ED Due s 1 $2,311.63 1 $2,311.65 $6,93$.95 $3,467.48 60 5�719.i3 N0 .ASH ANN, N��'•'�,i . %,A A. No. 6M77 w j t1' OR10P.•' s ONAL ENG ���N 1111111 52