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Backup Documents 09/28/2010 Item #16A 216A 7 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 315` day of August, 2010 between Divosta Homes, L.P., hereinafter referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the 'Board ". RECITALS: A. The 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 VeronaWalk Phase 4C. B. Chapter 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 the mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water system, sanitary sewer system, irrigation and street lighting improvements within eighteen (18) 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 $3,826,246.98 which represents 10% of the total contract cost to complete construction plus 100% of the probable cost 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 the Developers 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 Development Services Director 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 6/30/2010 - 219951 - Ver. 1 - UdART1N N05WPIC -002 - ESBM - 33254 EGA 2 improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director'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. 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 Developers' responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six months after the execution of this Agreement and once within every six 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 their obligations under this Agreement, upon certification of such failure, the County Administrator 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. 8,13W2010 - 219954 - Ver. 1 - LMARTIN N0506 -P4C -002 - ESBM - 33254 16p 2 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this '31 day of Ayti lst , 2010. SIGNED IN THE PRESENCE OF: Witness Prin ed or typed name Witness w4/"z Printed or typed name ATTEST: DWIGHTT 1 lC, C_I ERK By Approved as to form and Legal Sufficiency: WkApt % 7. Li,JIJ�- jelfrey A- K+j&kew SIc ve A - j't,.�: l I : o ►�•s s v s4-. County Attorney 8,30/2010 - 219954 - Ver 1 - LMARTIN N0506 -P4C -002 - ESSM - 33254 DIVOSTA HOMES, L.P. A DELAWARE LIMITED PARTNERSHIP By: Richard McCormick. Attorney -In -Fact BOARD OF COUNTY COMMISSIONERS OF COLLIER C jOUNTY, FLORIDA By: ��& W. Fred W. Coyle, Chairman 16W Bond No. 1034906 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that Pulte Home Corporation of 9240 Estero Park Commons Blvd, Estero FL 33928 as Principal, and Lexon Insurance C organized and existing under the laws of the State of Texas a corporation and authorized to transact business in the state of Florida , as Surety, are held and firmly bound unto Collier County Board of County Commissioners of 2800 North Horseshoe Drive, Naples FL 34104 as Obligee, in the penal sum of three million eight hundred twenty —six thousand two hundred forty —six ($ 3,826, 246.98 ) for the payment of which sum, well and truly to be made, we bind and 98/100 ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has agreed to construct or have constructed, in the Verona Walk subdivision Phas 4C infrastructure: sanitary, potable, drainage, paving, lighting, landscaping & irrigation (code minimum). NOW, THEREFORE, the condition of this obligation is such that if said Principal shall well and truly perform said work in accordance with said standards, then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 1st day of September , 2010 Pulte Home Corporation Principal � Robert Porter, Assistant Secretary Lexon Insurance Company Surety t , .» Dawn L. Morgan, Attorney -4n -Fact FL Lic. No. P011322 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) 16A 2 On this 1st day of September, 2010, before me, the undersigned authorized employee, personally appeared Robert Porter who acknowledges himself to be Assistant Secretary of Pulte 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. Shirley utchin , Notary Public Wayn County, Michigan Acting in Oakland County, Michigan My Commission Expires: March 30, 2017 SHIRLEY E HUTCHINS NOTARY RAW. STATE OF W COUNTY OF wAYNE MY COMMISSION EVIFIES Mllr 30, 2017 ACTING IN COUNTY OF POWER OF ATTORNEY ' Lexon Insurance Company Lx- 009730 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, * * * ** Peggy Faust, Kelly A. Jacobs Elaine Marcus Jennifer J McComb Melissa Schmidt Joel E Speckman * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1 st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $ 4,800,000.00 Four million eight hundred thousand dollars "••••••••• ••••••••••••••••••••••••••••••• dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July, 2003. LEXON INSURANCE COMPANY A TEXAS =�'D INSURANCE COMPANY BY David E. Campbell ' President ACKNOWLEDGEMENT On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. FICIAL SEAL' LYDIA J. DEJONG NOTARY PUBLIC STATE OF QIINOIS } r MY COMMISSIOU EXPIRES 1/12/2 Lydia J. DeJong CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 1st Day of September, 20 10 NCF \fig f.�..••••.. ~~ s O t A 0.* TEXAS XX! INSURANCE D /XV/ �j COMPANY �' Z l Donald D. Buchanan �•�•'•••..... Secretary ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS COUNTY OF DUPAGE } } S.S. } 16A 2 On September 1, 2010, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Dawn L. Morgan, known to me to be Attorney -in -Fact of Lexon Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. =PUBLIC EAL My Commission Expires on November 29, 2012 RUSE TE OF ILLI:29,]2012 NOVEMBER Notary Public — nnie J. se VERONAWALK PHASE 4C OPINION OF PROBABLE COST Sanitary Collection System Potable Water Drainage Paving Lighting Landscaping (Code Minimum) Irrigation (Code Minimum) Total Probable Cost 110% Bond Amount 2,'9!2006 - 165144 V., 1- DHUBER CA#47 N0506 -P4C -000 - ESBM - 30250 16A 920,829.20 580, 736.98 517,811.44 954,383.95 96,600.00 117,300.00 290, 744.78 $ 3,478,406.35 $ ENS F * No. 60727 ?:. STATE OF David—J.—Hurst, P.E. FL Registration #60727 WilsonMiller, Inc. -FL Lic. #LC- C000170 WilsonMiller, Inc. - Certificate of Authorization #43 �j 16A 2 SANITARY COLLECTION SYSTEM PHASE 4C DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE TV sewer w /mandrel (preliminary) 1TV LF $ 2.00 $ 17,046.00 sewer final LF $ 2.98 $ 25,398.54 8" PVC Gravity Main 0 -6' cut, LF $ 24.06 $ 22,472.04 8" PVC Gravity Main 6 -8' cut) LF $ 32.56 $ 115,294.96 8" PVC Gravity Main 8 -10' cut LF $ 39.56 $ 76,983.76 8" PVC Gravity Main 10 -12' cut LF $ 46.56 $ 74,123.52 8" PVC Gravity Main 12 -14' cut LF $ 53.56 $ 24,905.40 8" PVC Gravity Main 14 -16' cut LF $ 60.56 $ 2,725.20 Manhole 4' Diameter 0 -6' cut) EA $ 4,466.26 $ 13,398.78 Manhole 4' Diameter 6 -8' cut EA $ 5,709.32 $ 68,511.84 Manhole 4' Diameter 8 -10' cut EA $ 6,628.54 $ 46,399.78 Manhole 4' Diameter 10 -12' cut) EA $ 7,547.76 $ 60,382.08 Manhole 4' Diameter 12 -14' cut EA $ 8,466.98 $ 25,400.94 Manhole 4' Diameter 14 -16' cut EA $ 9,319.92 $ - 6" Forcemain C900, CLA 50 LF $ 18.32 $ 46,716.00 6" Forcemain C900, CL -200 LF $ 19.69 $ 2,953.50 Air Release Valve EA $ 2,600.00 $ 7,800.00 Pump Station LS $ 145,000.00 $ 145,000.00 Single sanitary sewer service 25 EA $ 681.78 $ 17,044.50 Double sanitary sewer service I I EA $ 742.20 $ 8,164.20 SUB -TOTAL SANITARY = $ 800,721.04 15% CONTINGENCY= $ 120,108.16 TOTAL SANITARY= $ 920,829.20 2/92006 - 165144 Ve 1- DHUBER CA#43 NM06 -P4C -000 - ESBM - 30250 POTABLE WATER PHASE 4C 16A 2 15% CONTINGENCY= $ 75,748.30 TOTAL POTABLE WATER = $ 580, 736.98 2;912006 .165144 Ve 1- DHUBER CA#43 40506-P4C -000 - ESBM - 30250 16A STORM SEWER PHASE 4C DESCRIPTION QUANTITY1 UNIT TYPE UNIT PRICE TOTAL PRICE 15" RCP 118" LF $ 28.25 $ 56,726.00 RCP LF $ 36.74 $ 79,946.24 24" RCP LF $ 51.42 $ 44,581.14 30" RCP LF $ 75.48 $ 63,776.38 36" RCP LF $ 99.53 $ - 48" RCP LF $ 147.64 $ 42,372.68 Grate Inlet EA $ 2,000.00 $ 30,000.00 Valley Gutter Inlet (Top and Bottom EA Double Valley Gutter Inlet Top and Bo EA $ 2,120.78 $ 67,864.96 Junction Box EA EA $ 3,030.46 $ 9,091.38 $ _ 15" Flared End 18" Flared End EA $ 1,723.80 $ 18,961.80 24" Flared End EA $ 1,916.02 $ 15,328.16 30" Flared End EA $ 2,353.68 $ 14,122.08 36" Flared End EA $ 2,791.34 $ - 48" Flared End EA $ 3,666.66 $ - Control Structure EA $ 6,000.00 $ 6,000.00 Connect to existing outfall structure EA $ 1,500.00 $ 1,500.00 TOTAL DRAINAGE _ $ 450,270.82 15% CONTINGENCY= $ 67,540.62 TOTAL = $ 517,811.44 2,912006 - 165144 V- 1- DMUBER CAR43 N0506-P4C -OW - ESBM - 30250 z PAVING PHASE 4C 16A 2 DESCRIPTION 1QUAWT—ITTI UNIT TYPE UNIT PRICE TOTAL PRICE 3/4" Asphaltic Concrete (Type S -III 1st lift 13/4" Asphaltic Concrete (Type S-111 )(2nd lift 12" Stabilized Sub grade 6" Limerock Base SY SY SY SY $ 4.85 $ 108,683.65 $ 5.00 $ 112,045.00 $ 1.70 $ 42,374.20 $ 4.00 $ 81,704.00 8" Limerock Base SY $ 4.25 $ 25,912.25 l' Strip Sodding Bahia LF $ 1.85 $ 34,576.50 24" Valley Gutter Type "E" Curb Curb & gutter Modified Type "F" 4" Concrete Sidewalk LF LF LF SY $ 8.53 $ 159,425.70 $ 11.00 $ 6,160.00 $ 13.48 $ 3,828.32 $ 24.75 $ 248,589.00 12" Solid stripe thermoplastic LF $ 2.00 $ 1,012.00 24" Solid stripe thermoplastic Blue Reflective pavement marker Stop Sin Street Sin LF EA EA EA $ 4.02 $ 281.40 $ 5.99 $ 179.70 $ 140.50 $ 983.50 $ 92.01 $ 644.07 Curve Sin EA $ 174.99 $ 699.96 Speed Limit Sign EA $ 174.99 $ 2,799.84 SUB -TOTAL PAVING = $ 829,899.09 15% CONTINGENCY= $ 124,484.86 TOTAL PAVING = $ 954,383.95 2/9/2006 - 165144 Va 1- DHUBER CA443 N0506-P4C -000 - ESBM - 30250 STREET LIGHTING PHASE 4C 16A 2 DESCRIPTION I QUANTITY1 UNIT TYPEJ UNIT PRICE TOTAL PRICE 25' concrete pole and fixture 1 LS $ 84,000.00 $ 84,000.00 SU6 -FUTAL LIGHTING= $ 84,000.00 15% CONTINGENCY= $ 12,600.00 TOTAL LIGHTING = $ 96,600.00 2!912008 - 165144 Ve i- DHUBER CA#43 N0506 -P4C -000 - ESBM - 30250 LANDSCAPING PHASE 4C 16A Z DESCRIPTION I QUANTITY UNIT TYPE UNIT PRICE I TOTAL PRICE Code minimum landscaping I LS $ 102,000.00 1 $ 102,000.00 Juts- I V / AL LANDSCAPING = $ 102,000.00 15% CONTINGENCY= $ 15,300.00 TOTAL LANDSCAPING = $ 117,300.00 2/9/2006 - 165144 Ver:1- DHUBER CAU43 N0506 -NC-000 - ESBM - 30250 IRRIGATION PHASE 4C 16A 2 DESCRIPTION QUANTITY UNIT TYPE UNIT PRICE TOTAL PRICE Connect to existing irrigation 3 EA $ 1,500.00 $ 4,500.00 4" Irrigation Main C -900, CL 150 14,485 LF $ 11.50 $ 166,577.50 4" Irrigation Main C -900, CL 200 305 LF $ 13.00 $ 3,965.00 8" Irrigation Main C -900, CL 150 2,230 LF $ 19.79 $ 44,135.05 8"x 4" TEE 9 EA $ 46.00 $ 414.00 4" Gate Valve w/ Box 10 EA $ 805.00 $ 8,050.00 Air Release Valve 17 EA $ 1,200.00 $ 20,400.00 Temporary Blow -off 1 EA $ 1,100.00 $ 1,100.00 Controller w/ Rain Sensor 1 EA $ 3,450.00 $ 3,450.00 Electric Solonoid Valve 1 EA $ 230.001 $ 230.00 J Url -1 U I AL IKKIGA "UN = 5 252, 821.55 15% CONTINGENCY= $ 37,923.23 TOTAL IRRIGATION= $ 290,744.78 2/9/2006 - 165144 Vert- OHUBER CA#43 N0506-P4C-000 - ESBM - 30250