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Agenda 02/26/2019 Item #16A 302/26/2019 EXECUTIVE SUMMARY Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Verona Pointe Estates, Application Number PL20150001537 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the improvements associated with the Verona Pointe Estates plat, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On November 15, 2016, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Verona Pointe Estates. 2) The roadway and drainage improvements will be maintained by the project’s homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code. A copy of the document is attached. 5) This project is within the Royal Palm International Academy PUD, Ord. 03 -54, as amended, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the proj ect's homeowners association. The existing security in the amount of $146,644.53 will be released upon Board approval. The original security in the amount of $1,251,024.83 has been reduced based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated February 25, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Verona Pointe Estates, Application Number PL20150001537, and authorize 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and acceptance of the plat dedications. 2. The Clerk of Courts to release of the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review Division 16.A.3 Packet Pg. 446 02/26/2019 ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.3 Packet Pg. 447 02/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 7778 Item Summary: Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Verona Pointe Estates, Application Number PL20150001537 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications, and authorizing the release of the maintenance security. Meeting Date: 02/26/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 01/15/2019 10:46 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 01/15/2019 10:46 AM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 01/15/2019 11:29 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 01/15/2019 12:26 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/15/2019 3:37 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/22/2019 1:15 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 01/28/2019 1:15 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/29/2019 9:34 AM Growth Management Department Matthew McLean Additional Reviewer Completed 01/29/2019 9:53 AM Growth Management Department James C French Deputy Department Head Review Completed 01/29/2019 8:35 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2019 5:04 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/04/2019 9:07 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/04/2019 10:45 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/04/2019 1:49 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 02/08/2019 9:21 AM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 02/19/2019 5:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM 16.A.3 Packet Pg. 448 VERONA POINTE ESTATES LOCATION MAP 16.A.3.a Packet Pg. 449 Attachment: Location Map (7778 : Final Acceptance - Verona Pointe Estates) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ;}. 'S n, day offe,)'XvO.f� / ___ ---'/ ____ , 20 16 between Pult•Ho<reCo,poraUon hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Verona Pointe Estates 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:Roadway, drainage, water & sewer improvements within 1 2 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 $ 1.2s1 .024 .B3 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3.In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4.The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5.The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6.The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 16.A.3.b Packet Pg. 450 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) 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 <9:'P r h day of ?e.,Oy-uo.ry / ___ , 20 I (p . SIGNED IN THE PRESENCE OF: Printed Name JaC,\ (\ (Y) i-rcK\L-1 \ Printed Name Scott A. Stone, Assistant County Attorney (Name of Entity) Printed Name/Title . (President, VP' or CEO) Michael Hueniken, Director of Land Development (Provide Proper Evidence of Authority) BOA OF 16.A.3.b Packet Pg. 451 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) CERTIFIEI.}RESOLUTIONS OF THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION I, Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of PULTE HOME CORPORATION, a corporation authorized and existing under the laws of the State of Michigan; that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said corporation. RESOLVED, that the Land Development Manager(s) of the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that arc relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing (other than periodic reports), guarantees and environment indemni ties. IN WITNESS WHEREOF, I have here unto set my hand this 2nd day of , .. l 1 "1•·, ,, June,2010. .-' ... :: ..... STATE OF MICHIGAN ) ) COUNTY OF 0/\KL/\ND ) , .. • r, .. r, ': .. • r_j .' . , ' . ,_·,,· ..·. ' ..... .. .. ...... • ... . . : !,,,, • . ,, Jt'l\' \ ,, On June 2, 20 I 0, before me, Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ��11.,IIA,W,Jl-.:.., _::_::-;·_ .. ::_· Donna Marie Matyanowsk, Notary Public ---., ;' 1',�fi'AA �,, ·:., ·. Oakland County, Michigan : · ,., .. , • · ;· ·· My Commission Expires: 05/25/2013 ·· "�: ·l'JUB!Jl . � .... ) � .. · ........... .. � . . .... \ .. .., ...... � ,,. i, , ••• -. , ' 16.A.3.b Packet Pg. 452 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) .• . PULTE HOME CORPORATION CERTIFICATE OF INCUM13ENCY I, the undersigned officer of PULTE HOME CORPORATION, a corporation duly organized and existing under the laws of the State of Michigan ("the Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, and that each of the following individuals arc duly acting South Florida division employees of the Corporation, each such individual holding the title set forth following such individual's name. 2, 2010. Michael Woolery Michael Huenikcn Land Development Manager Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June PULTE HOME CORPORATION, a Michigan corporation 16.A.3.b Packet Pg. 453 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) CERTIFIEQ RESOLUTIONS OF THE BOARl) OF DIRECTORS OF CENTEX REAL ESTA TE CORPORATION I, Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of CENTEX REAL ESTATE CORPORATION, a corporation authorized and existing under the laws of the State of Nevada; that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Nevada Revised Statutes; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said corporation. RESOLVED, that the Land Development Manager(s) of the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that are relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing (other than periodic reports), guarantees and environment indemnities. IN WITNESS WHEREOF, I have here unto set my hand this 2nd day of June, 2010. STA TE OF MICHIGAN ) )COUNTY OF OAKLAND ) On June 2, 2010, before me, Donna Marie Matyanowski, a Notmy Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. • • • , • ·: -t � , • WITNESS my hand and official seal. ··• ·:-::; :-: : · :/ .. · •. � � //'.:::-· ·· .. '· .. � ... r ·• , ,. Jiu\� )'y\ IUl ; . ·/ ;_\OT�,r:2--\--�-. Donna Marie Matya_no�� Notaiy Public '.·-\ Pn;t '\f.:'; ::::� _·Oakland County, M1ch1gan ·., .;;. ·.. 1..1 .·:,:} .::My Commission Expires: 05/25/2013 · · • :· �·• •..•. �-·:::<<..:<~ l"'.-.•�tr•� .. ,.• ..... ,, •. "' \.. ,,, ,.,. q•\· "!, I IJfj � j( 0 •• 16.A.3.b Packet Pg. 454 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) .•. CENTEX REAL EST A TE CORPORATION CERTIFICATE OF INCUMBENCY I, the undersigned officer of CENTEX REAL EST A TE CORPORATION, a corporation duly organized and existing under the laws of the State of Nevada ("the Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, that the Corporation is the sole Managing Paitner of CENTEX HOMES, a Nevada general partnership, and that each of the following individuals are duly acting South Florida division employees of the Corporation, each such individual holding the title set forth following such individual's name. Michael Woolery Michael Hueniken Land Development Manager Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2, 2010. ,,,,, \II II I I 11111 ,,,, � £.STATf ,,,, .. :,"��� ••••••.••• Co_;,, �': �- ... •·· � p O ,:, ....... ,;o-� .: I.<) •• 0 -1.,,,.-. 0,:,= � I CJ SEAL 111·i .,:> � :w: : �=;_c.., ; : c: -,, \ 2007 ./ :.::1� ·•. � � 4',, 11,, ......... , ... ... ,,,,, S VA O fl--,,,,,''''"'""'''' CENTEX REAL ESTA TE CORPORATION, a Nevada corporation 16.A.3.b Packet Pg. 455 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation 24311 Walden Center Dr., Ste 300 Bonita Springs, FL 34134 (Hereinafter referred to as "Owner") and Atlantic Specialty Insurance Company 605 Highway 169 North, Suite SOOP Plymouth, MN 55441 800-662-0156 Bond No.: 800021745 (Name of Owner) (Address of Owner) (Address of Owner) (Name of Surety) (Address of Surety) (Address of Surety) (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 one million two hundred fifty one thousand twenty four and 83/100 ($1,251,024.83) 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 Verona Pointe Estates 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 16.A.3.b Packet Pg. 456 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) 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 8th day of March, 2016. Principal:Pulte Home Corporation---- By:Bryce Langen, Assistant Treasurer Witness:Gregory S. Rives Witness:Bernard J. Saunders ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8th DAY OF March, 2016, by Bryce Langen as Assistant Treasurer OF Pulte Home Corporation WHO IS PERSONALLY KNOW TO ME. Notary Public -State of GEORGIA (SEAL) Atlantic Specialty Insurance Company Surety BY:<: -- SEE ATTACHED NOTARY SHIRLEY E HUTCHINS Notary Public Fulton County State of Georgia My Commission Expires Apr 17, 2018 16.A.3.b Packet Pg. 457 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) ACKNOWLEDGMENT OF SURETY ST ATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On March 8. 2016, 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 Atlantic Specialty 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. My Commission Expires on November 29, 2016 Notary Public - Notary Commission No.: 615386 OFFICIAL SEAL BONNIE J. KRUSE NOTARY PUBLIC, STATE OF IWNOIS tl'f � EXPIRES NOYEMIIER 29, 2016 16.A.3.b Packet Pg. 458 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) j l; •.• '"' C)neBeacon Power Jf .Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Minnetonka, Minnesota, does hereby constitute and appoint: James Moore, Stephen Kazmer, Dawn L. Morgan, Tariese M. Pisciotto, Melissa A. Schm idt, Bonnie J. Kruse, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in­ Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instmment executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December, 2014. STATE OF MINNESOTA HENNIPEN COUNTY By Paul J. Brehm, Senior Vice President On this eighth day of December, 2014, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIAL TY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instmment, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instmment is the seal of said Company and that the said seal and the signature as such officer was duly affixed and SA LESHA V. S. BEEKS Notary PubllC State of Minnesota My Comm1111on Expires January 31, 2020 Notary Public vs.� I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated. __ 8_t_h __ day of March 2016 .,.---•·��--·;·;;·�t••,,, /''c,,'I'-" -9./··•. ft,, �\l\',POR-41<" 1- \ I This Power of Attorney expires October I, 2017 I [� SEAL �\ :o oi \;. 1986 of \ 1,,1,, -i,�w o�,;. ,t; ',,, ) '{ -4 � .. , •·,,,ft,, * >-':--•'',,,,,,,,,,, 11,,,,,,,1 James G Jo•da".l, Assistant Secretary 16.A.3.b Packet Pg. 459 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Notes: VERONA POINTE ESTATES PPL OPINION OF PROBABLE COST -REV0l Waldrop Engineering File No. : 331-01-02 REV0l SUMMARY Earthwork $72,756.25 Paving $236,405.30 Drainage $145,732.00 Landscaping $125,000.00 Electrical $40,000.00 Sub-Total $619,893.55 Wastewater $388,113.75 Potable Water $129,288.00 Sub-Total $517,401.75 10" Contingency $113,729.53 Total $1,251,024.83 1)This Opinion of Probable Cost (OPC) shall be used for budgeting 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 cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor.,,,11111,,,, ,\, D S 111 ,, ,,_\ . l o ,, ,... ?-\" • • • • • • • ·_A ,, ,, 0 .. ··€. N s t:'•<l ,,, /.,� ••,CJ •• -:-'<./. • .... """ f'>--.''V .� .. .... ""' . . .­. - ae ',0 •, L.o?-.·• ..... _ ... ,�. .. (, . Florida License'# • • • • • •. , ,' ,, IQ�\ r-. , ,,,,,,,, .. PPL-PLPL20150001537 REV:2 16.A.3.b Packet Pg. 460 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Description Quantlt Unit Unit Price Amount E-1 Sod (1' Behind Curb) 604 SY $2.50 $1,510.00 E-2 Sod (20' LME) 4,458 SY $2.50 $11,144.00 E-3 2' Silt Fence (Single Row) 2,757 LF $1.75 $4,824.75 E-4 2' Silt Fence (Double Row) 1,058 LF $3.50 $3,703.00 E-5 Floating Turbidity Barrier 79 LF $8.00 $632.00 E-6 *Lake Excavation 20,377 CV $2.50 $50,942.50 TOTAL= $72,756.25 16.A.3.b Packet Pg. 461 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) P-1 3/4" Asphaltic Concrete (Type S-I11) First Lift 6,583 SY $5.00 $32,915.00 P-2 3/4" Asphaltic Concrete (Type S-I11) Second Lift 6,583 SY $5.00 $32,915.00 P-3 6" Limerock Base (Compacted and Primed)6,583 SY $7.10 $46,739.30 P-4 12" Stabilized Subgrade (Onsite Material) 8,401 SY $2.00 $16,802.00 P-5 Type "A" Curb & Gutter 201 LF $15.00 $3,015.00 P-6 Type "F" Curb & Gutter 1,243 LF $11.00 $13,673.00 P-7 Valley Gutter 4,054 LF $9.00 $36,486.00 P-8 4" Concrete Sidewalk 1,530 SY $24.00 $36,720.00 P-9 Signing and Marking 1 LS $10,000.00 $10,000.00 P-10 Retaining Wall 84 LF $85.00 $7,140.00 TOTAL= $236,405.30 16.A.3.b Packet Pg. 462 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) D-1 12" HOPE 807 LF $18.00 $14,526.00 D-2 15" RCP 573 LF $30.00 $17,190.00 0-3 18" RCP 478 LF $32.00 $15,296.00 D-4 24" RCP 293 LF $40.00 $11,720.00 D-5 15" Flared End 4 EA $1,800.00 $7,200.00 D-6 18" Flared End 2 EA $2,600.00 $5,200.00 D-7 24" Flared End 2 EA $3,000.00 $6,000.00 D-8 Type 9 Inlet 2 EA $3,800.00 $7,600.00 D-9 Valley Gutter Inlet 10 EA $3,600.00 $36,000.00 D-10 Type "E" Inlet 1 EA $2,500.00 $2,500.00 D-11 Junction Box 2 EA $4,900.00 $9,800.00 D-12 Yard Drain 6 EA $950.00 $5,700.00 D-13 Control Structure 1 EA $7,000.00 $7,000.00 TOTAL= $145,732.00 16.A.3.b Packet Pg. 463 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Description Amount LA-1 Code Minimum Landscaping 1 LS $125,000.00 $125,000.00 TOTAL= $125,000.00 16.A.3.b Packet Pg. 464 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Unit Price Amount E-1 Street Lighting 1 LS $40,000.00 $40,000.00 SUBTOTAL= $40,000.00 16.A.3.b Packet Pg. 465 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Description Unit Price Amount WW-1 Hot Tap Exisiting 16" Force Main 1 EA $15,000.00 $15,000.00 WW-2 Directional Drill 6" FM w/ casing 277 LF $200.00 $55,400.00 WW-3 8" PVC Sanitary Sewer SDR-26 (0-6') 791 LF $25.00 $19,775.00 WW-4 8" PVC Sanitary Sewer SDR-26 (6-8') 514 LF $32.00 $16,448.00 WW-5 8" PVC Sanitary Sewer SDR-26 (8-10') 476 LF $44.00 $20,944.00 WW-6 8" PVC Sanitary Sewer SDR-26 (10-12') 54 LF $60.00 $3,240.00 WW-7 Manhole 4' Diameter with IET Coating (0-6') 2 EA $4,200.00 $8,400.00 WW-8 Manhole 4' Diameter with IET Coating (6-8') 1 EA $5,350.00 $5,350.00 WW-9 Manhole 4' Diameter with IET Coating (8-10') 2 EA $6,700.00 $13,400.00 WW-10 Manhole 6' Diameter with IET Coating (10-12') 2 EA $7,900.00 $15,800 .00 WW-11 Manhole 6' Diameter with IET Coating (12-14') 1 EA $9,000.00 $9,000.00 WW-12 6" Single PVC Sewer Service w/ Cleanout 3 EA $750.00 $2,250.00 WW -13 6" Double PVC Sewer Service w/ Cleanout 15 EA $800.00 $12,000.00 WW-14 Pump Station {Complete) 1 EA $150,000.00 $150,000.00 WW-15 4" PVC Force Main {C900, DR-18) 1,709 LF $12.00 $20,508.00 WW-16 4" PVC Force Main (C900, DR-14) 218 LF $15.00 $3,270.00 WW-17 4" Plug Valve 4 EA $1,000.00 $4,000.00 WW-18 Air Release Valve 2 EA $4,600.00 $9,200.00 WW-19 Television Inspection 1,835 LF $2.25 $4,128.75 SUBTOTAL= $388,113.75 16.A.3.b Packet Pg. 466 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) Description uantlt Unit Price Amount PW -1 Connect to Existing 8" Water Main-Hot Tap 1 EA $5,000.00 $5,000.00 PW-2 1" Single Water Service, Complete 11 EA $550.00 $6,050.00 PW-3 1.5" Double Water Service, Complete 12 EA $600.00 $7,200.00 PW-4 6" PVC Water Main (C900, DR 18) 1162 LF $16.00 $18,592 .00 PW-5 6" PVC Water Main (C900, DR 14) 109 LF $18.00 $1,962.00 PW-6 8" PVC Water Main (C900, DR 18) 1463 LF $18.00 $26,334.00 PW-7 6" Gate Valve 3 EA $1,200.00 $3,600.00 PW-8 8" Gate Valve 3 EA $1,300.00 $3,900.00 PW-9 Temporary Blow-off/ Automatic Flushing Device 1 EA $3,500.00 $3,500.00 PW-10 Air Release Valve 4 EA $4,600.00 $18,400.00 PW-11 Permanent Bacterial Sample Point 2 EA $1,500.00 $3,000.00 PW-12 Temporary Bacterial Sample Point 2 EA $1,000.00 $2,000.00 PW-13 Fire Hydrant, Complete 7 EA $4,250.00 $29,750.00 SUBTOTAL= $129,288.00 16.A.3.b Packet Pg. 467 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) c.fi[",Courtty December 15, 2016 Atlantic Specialty Insurance Company 605 Highway 169 North, Ste. 800P Plymouth, MN. 55441 Dear Sir or Madam: Please be advised that based on the work completed to date, the referenced Performance Security may be reduced by $1,067,380.30, leaving an available security of$146,644.53. The remaining security represents the required 1070 maintenance security of $1 13,729, plus $32,915.53 in uncompleted improvements. An original Bond fuder reducing the value of the Bond should be directed to this office, "all other terms and conditions of original Performance Bond to remain in full force and effect". If I can be ofany further assistance to you in this regard, please let me know. Sincerely, loAa Hou0dswotlA John H Houldsworth Senior Site Plans Reviewer 'with authority in these matters' Cc: Waldrop Engineering .ad Derffi sqvirs ' 2800 North Horseshoe orive . Napres, Frorida 34 104 , 239-252-2400 , ywtttcoriergov.net Groudfr Management DMsion Planning & Regulation Land Development Services RE: Your Performance Bond No.800021745 Pulte Home Corp. Verona Pointe Estates pL20150001537 16.A.3.b Packet Pg. 468 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) RIDER To be attached to and form a part of Bond No. 800021745 Effective: March 8, 2016 Bond Amount: $ 1,25 1,024.83 Executed by: Pulte Home Corporation as Principal and by: Atlantic Specialty Insurance Company as Surety in favor of: Collier County, FL as Obligee In consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to reducing the bond amount to: "One Hundred Forty Six Thousand Six Hundred Forty Four and 53/100 Dollars ($146,644.53)" Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective: December 15,2016 Signed and Sealed: December 22,2016 Principal: Pulte Home Corporation By By c/ Bryce Langeu,tant Treasurer Principal ty Insurance Company Fact 16.A.3.b Packet Pg. 469 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) v7 9.?sHg,efgl Power of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal oflice in Plymouth, Minnesota, does hereby constitute and appoint: James Moore, Stephen Kazmer, Dawn L. Morgan, Tariese M. Pisciotto, Melissa A. Schmidt, Bonnie J. Kruse, each individually ifthere be more than one named, its true and lawful Attomey-in-Fact, to n1ake, execute, seal and deliver, for and on its behalfas surety, any and all bonds, amount the sum of: sixty million dollars ($60,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance ofthese presents, shall be as binding upon said Company as ifthey had been fully signed by an authorized officer ofthe Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,20l2'. Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the naflue thereof, and affix the seal ofthe Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalfof the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts ofindemnity, and all other writings obligatory in the natue thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey-in-Fact is hereby authorized to veriff any affidavit required to be attached to bonds, recognizances, contracts ofindemnity, and all other writings obligatory in the natue thereof. This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPAI.IY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signanue of the Secretary or the Assistant Secretary, and the Cornpany seal may be affixed by facsirnile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only ofexecuting and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal ofthe Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day ofDecember,2014. By e"fu STATE OF MINNESOTA HENNEPIN COUNTY Paul J. Brehm, Senior Vice President On this eighth day of December, 2014, before me personally carne Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrunent, and he acknowledged the execution of the same, and being by me duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction ofthe Company. Notary Public I, the undersigned, Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certiS, that the foregoing power of attomey is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and seale d. oatea 22nd aay or Decembef _20L6 This Power of Attorney expires October 1,2017 Jarnes G. Jordan, Assistant Secretary Y lA, ;?cry roo+ "98P0841o"SEAL. 1 986 TARAJANELLE STAFFORD I NoTARY PUBUC - MINNESoTA MyCamm,rssion Expires January 3 i. 2020 * $Hr 1 986 16.A.3.b Packet Pg. 470 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) i I State of Illinois ) ) ss. County of DuPage ) OnDecember_4-20f5, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared James Moore known to me to be Attorney-in-Fact of Atlantic Specialtv Insurance Companythe corporation described in and that executed the within and f-"gp*g lrrtrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN MTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Expires 5113120 Notary Public 16.A.3.b Packet Pg. 471 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA) )ss. COUNTY OF FULTON ) This record was acknowledged before me on December 22, 2016 by Bryce Langen, Assistant Treasurer, of who appeared before me and is personally known to me. WITNESS my hand and official seal. 16.A.3.b Packet Pg. 472 Attachment: Bond Basis (7778 : Final Acceptance - Verona Pointe Estates) 16.A.3.c Packet Pg. 473 Attachment: Resolution (7778 : Final Acceptance - Verona Pointe Estates) 16.A.3.c Packet Pg. 474 Attachment: Resolution (7778 : Final Acceptance - Verona Pointe Estates) 16.A.3.d Packet Pg. 475 Attachment: Plat Map (7778 : Final Acceptance - Verona Pointe Estates) 16.A.3.d Packet Pg. 476 Attachment: Plat Map (7778 : Final Acceptance - Verona Pointe Estates)