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Backup Documents 01/08/2019 Item #16A11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO , t THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to 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. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office 7)cr Board of County Commissioners , `` `V 5. Minutes and Records Clerk of Court's Office *al J.? IPeqpikh PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 1/8/19//V' /8/19/ Agenda Item Number 16A 11 Approved by the BCC Type of Document Plat Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes .[ N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? -171 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. JH 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/8/19 and all changes made during the meeting have been incorporated in the attached document. The County i g� Attorney's Office has reviewed the changes, if applicable. � � 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for Chairman's signature. 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 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP b 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 arc to he forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. lithe document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1, 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners Ar4A/ 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jodi Hughes Phone Number x-5744 Contact/ Department Agenda Date Item was 1/8/19 Agenda Item Number 16A1 I Approved by by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? --3 n 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. JR 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 1/8/19 and all changes made during theme . 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 BCC,all changes directed by the BCC have been made, and the document is ready for the Chairman's si:nature. to 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 1 6 A 11 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 141" day of OrMA..ClAq 20 l°I between Pulte Home Company, LLC hereinafter referred to as "Developer," and ite 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: Ellington Park B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed:all required improvements and other infrastructure improvements within thirtysix(36) 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$ 130,865.32 -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 thisAgreement. 6. The Developer shall maintain all required improvements fora 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. 16 /Ui 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of , 20 SIGNED IN THE PRESENCE OF: (Name of Entity) Pul e Ho Company, LLC Witness• f � BY� d� � Printed N• -1" G nn '/ >i *. k • Unn Michael Hueniken,Vice President- Land Development Printed Name/Title (President,VP, or CEO) Witness: (Provide Proper Evidence of Authority) Printed ame: r•J t Lo c_kus ]Ga ri ATTEST: Crystal K. Kinzel,.M►Clerk of the Circuit Court BOARD O • '' Y COMM ION & - - troller OF0 - • , FLORID ,N a By: - r _ By: a _ .4A Deputy ClerkAttest as ' � a .L . G Q n ,ces L.tna.' PM An signature ly a-- Approved as to fol and Igality: Scott A. Stone---r1---1\r, Assistant County Attorney 1 6 A 11 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO. 30060870 Pulte Home Company,LLC 24311 Walden Center Dr.#300 Bonita Springs,FL 34134 239-495-4085 (hereinafter referred to as"Owner")and The Continental Insurance Company, a Pennsylvania company 801 Warrenville Rd., Suite 700 Lisle IL 69532, 630-719-6342 (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 and thirty thousand, eight hundred sixty-five dollars, and thirty-two cents ($ 130,865.32 ) 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 Ellington Park 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. 1 6 A 11 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 19th day of December 20 18 WITNESSES: Pulte Home C•mpany, LLC (Principal) By cri / ; By: J. Nicholas Sarris‘ G Qry Rives, Assistant Treasurer Printed Name N/A , Ross Ripple Printed Name ACKNOWLEDGEMENT STATE OF_GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY OF December , 20 18 , Gregory S. Rives, Assistant Treasurer of:PULTE HOME COMPANY, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of GEORGIA A ,,+E .r .sr:.. .€r (SEAL) 401- A /II ficeir...td P nted Name S rley E. Hutchins SURETY WITNESSES: 1- The Continental Insurance Company, a Pennsylvania company By. • By: J. Nicholas Sarris Jean Marusak, Attorney—in—Fact Printed Name Printed Name/Title By f-. N/A Ross Ripple Printed Name 1 6 A 11 NOTARY ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY OF December 20 18 , BY Jean Marusak (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) OF The Continental (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED nbutctuLe Ci,nil' Ai IDENTIFICATION. Notary Public -State of GEORGIA (SEAL) hirley E. Hutchins Printed Name (Ord. No, 15-44,§3.N) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT 16All Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint D.Bryce Langen, James Zeumer, James Ossowski, Brien O'Meara, Kelly Yoakam, Kim Hill, Ross Irwin,Jean Marusak, Ellen Padesky Maturen,Gregory S. Rives, KellyMarie Conlon, Individually of Bloomfield Hills,MI„its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In an amount not to exceed Two Million and no/100 Dollars ( $2,000,000.00) and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 28th day of December,2016. ���; "�R• The Continental Insurance Company WS 9 • • •••'•�•r•�•• Paul .Bru at Vice President State of South Dakota,County of Minnehaha,ss: On this 28th day of December,2016,before me personally came Paul T. Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.MOHR cRt SrmTARrauaLIc L7Y7 ,4 / ) My Commission Expires June 23,2021 J. Mohr Notary Public CERTIFICATE I, D. Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the revsse hereof is still in fo e. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this M-t'& day of ,ap 18 • sr' The Continental Insurance Company .4* t'► ig .i:.1 I n: Z%•• •14••••.Q.*"-- • '•' D.Bult Assistant Secretary Form F6850-4/2012 16A1 1. ELLINGTON PARK PPL OPINION OF PROBABLE COST Prepared For Pulte Home Company,LLC Revision 01 Waldrop Project Number 133-12 Unit Count(total) 20 SUMMARY Item# Description Quantity Unit Unit Price Amount 1 Silt Fence 2,582 LF $1.75 $4,518.45 2 Signing and Marking 1 LS $1,750.00 $1,750.00 3 5'Concrete Sidewalk 1,423 SY $29.75 $42,326.22 4 Type"D"Curb 26 LF $12.00 $312.00 5 Handicap Ramps(Complete w/detectable warnings) 8 EA $400.00 $3,200.00 6 Inlet Protection 7 EA $200.00 $1,400.00 7 3/4"Asphaltic Concrete(Type S-III)First Lift 5.46 SY $6.00 $32.76 8 3/4"Asphaltic Concrete(Type S-Ill)Second lift 3,057 SY $6.00 $18,342.00 9 6"Limerock Base(Compacted and Primed) 5.46 SY $8.25 $45.05 10 12"Stabilized Subrade 12 SY $3.50 $42.00 11 Street Lighting 1 LS $32,000.00 $32,000.00 12 Code Minimum Landscaping 1 LS $15,000.00 $15,000.00 SubTotal= $118,968.47 10%Contingency= $11,896.85 Total= $130,865.32 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document.Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.These costs are sugject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor, P Jeremy H.Arnold,t.F,/ /' VV h Date 'r Or ' -L9 N Florida License#66421 ,'2, c.4:-,,.'7‘r, % 0, COA #8636 ,/1 '- _1 ',' �'