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Agenda 12/10/2019 Item #16A22 (Extension - Ave Maria Unit 11 Parcels 106 & 112)12/10/2019 EXECUTIVE SUMMARY Recommendation to approve an extension for completion of required subdivision improvements associated with Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112 (PL20110000452) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). _____________________________________________________________________________________ OBJECTIVE: To approve an extension for the completion of subdivision improvements associated with the Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112 subdivision. CONSIDERATIONS: On September 27, 2011, the Board of County Commissioners (Board) approved the final plat of Ave Maria Unit 11, Del Webb at Ave Maria, Parcels 106 & 112 for recording. The LDC requires that upon approval by the Board of County Commissioners a plat must be recorded within 18 months and the associated subdivision improvements must receive final acceptance within 36 months unless an extension is formally requested and granted by the Growth Management Depart ment. The plat has been recorded and the required subdivision improvements are substantially complete. On August 26, 2013, the Development Review Division granted preliminary acceptance of the subdivision improvements. There is a Construction and Maintenance Agreement for Subdivision Improvements and a Performance Bond in place as a development guaranty for the remaining uncompleted improvements and required maintenance security. The property owner has requested that the Board approve an extension of the plat improvements final acceptance deadline from September 27, 2018 to September 27, 2021. Therefore, the improvements must receive final acceptance prior to September 27, 2021 if the Board approves this extension. The LDC allows for two, 2-year extensions after the original 36-month period. As such, the required improvements final acceptance deadline expired on September 27, 2018. Since this proposed extension is beyond what is allowed by the LDC, approval by the Board is required. The property owner has paid all of the past fees which would have been paid for normal extensions. All fees associated with the original approval have been paid. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 -- Land Development Services Revenue generated by this project: Total: $300.00 Extension Fee GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATION: To approve an extension for completion of the required subdivision improvements associated with the Ave Maria Unit 11, Del Webb at Ave Ma ria, Parcels 106 & 112 plat (PL20110000452) until September 27, 2021, subject to the recommendations of the September 27, 2011 approval. Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Construction and Maintenance Agreement (PDF) 16.A.22 Packet Pg. 1828 12/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Doc ID: 10752 Item Summary: Recommendation to approve an extension for completion of required subdivision improvements associated with Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112 (PL20110000452) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). Meeting Date: 12/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 11/04/2019 3:49 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 11/04/2019 3:49 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/05/2019 1:29 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 11/05/2019 3:39 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/06/2019 3:26 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/06/2019 3:49 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 11/08/2019 9:13 AM Growth Management Department Matthew McLean Additional Reviewer Completed 11/08/2019 9:54 AM Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:23 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/15/2019 10:17 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/19/2019 5:11 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 8:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 9:07 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 1:50 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/25/2019 2:07 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM 16.A.22 Packet Pg. 1829 AVE MARIA UNIT 11, DEL WEBB NAPLES PARCELS 106 & 112 LOCATION MAP 16.A.22.a Packet Pg. 1830 Attachment: Location Map (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this J� day of_ ,__/¾pvi I ______ -""____ _, 20_\3 __ between Pulte Home Corporation 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: _D_e1_w_e_bb_a_t_Av_e_M_a _ria_P_h_as_e_11 _________ _ 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 1 2 months from the date of approval of 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 ,914,541 .ss -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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 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. 16.A.22.b Packet Pg. 1831 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) 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 10 ' day of AP' .it, 20 13 . SIGNED IN THE PRESENCE OF:Name of entity) By: )4tie—e-C;i` et, L Printed ame Kimberly L. Howes Printed Name/Title / Q/4We'''4"."` President,VP,or CEO)Zd 1-ede--4 fa .1ao,y— R- S. Provide Proper Evidence of Authority) Printed Name eI&S, ATTEST: e, 0. DW H T,CK,AK BOA is U MMISSIONERS OF COLLIER q g'.r -- COU TY LI RI Dj0f tr, By: nr ' i ;. o airma leor 1a. A. Hiles, •,Cna.J rW°M nDeputyi `c 1 atir0,n1i)V. 9 Approved as to form and legal sufficiency: 611,j4...10 - PVSSiStur t Cow I ni y 16.A.22.b Packet Pg. 1832 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) CERTIFIED.RISOLUTIONS 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 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. 74 ifh M. Klym, As ieSecretaii STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On June 2, 2010, 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. Donna Marie Matyanowski,Notary Public Oakland County,Michigan My Commission Expires: 05/25/2013 16.A.22.b Packet Pg. 1833 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) GtE;a .as lue;sissd ` itl i. LI uotiEaod.ioo uaplo JA E INNOI.Ld2IOd2IO0 E1W01-1 1L'1f1d OIOZ `Z aunt Uo not;Eaodao0 atll jo jlltiaq uo auteu.Cut pauS!s olunaaag arm!I `:1Or21z1HM SS31\1 .1M NJ I0gEUE1N luotudolaAoQ putri uo?11u3n1-1 131314311AI Iageue N 1uatudolanaQ purr lalooM IOEtialA 01141 atuuN auuEU s,jlnp!A!pui gons Ru!MoiloJ LiJ.toj has app 041 Suiploti lgnp!Atpu! Lions goua `uoipuJodao0 atl;jo saaXoiduta uoistnip Epl.to1 I Limos &uiloe Xinp ate sjenpinIpui ;lupAoiloj R}) JO IMO iutp puE topuaodao0 quo stomata jo mpg otj }o s2uipaaoo.td quo salnuiul put:spaooa.t aril of ssaozE anat.! I ;Etl1 4jil.tao Cgaaatl t:uoi;E.todtoj ayl„) ur,9igo!W:lo a is 041 Jo smui a41 upon 2uilsiXa put; paztttato Xlnp uoi1E.tocLtoo E NOI.LV2IOd2I00.IJAIO1-I :l.L lfld Jo iao>,.l;lo pau;lisaapun atll `I ADICIfWI11OIt[I 3O 31,VOIdI.L2I3O MOI.Lt'2IOd2IOO LJ4IOII aJ1f1d 16.A.22.bPacket Pg. 1834Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) CERTIFIED RESOLUTIONS OF THE BOARD)OF DIRECTORS OF CENTEX REAL ESTATE CORPORATION 1, 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. ulAre fk7 folk P4 R, ,c R Jan M. Klym,Ass' to Secretary ° SEAL `1, STATE OF MICHIGAN 200 .•.. ,,. ti' o A D ,r+`,COUNTY OF OAKLAND ) rf,,,,ttt,, On June 2, 2010, 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. 6t-titt,MAA:ti., kb-tDonnaMarieMatyanowski,Notary Public Oakland County, Michigan My Commission Expires: 05/25/2013 l..ii! 16.A.22.b Packet Pg. 1835 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) CENTEX REAL ESTATE CORPORATION CERTIFICATE OF INCUMBENCY 1, the undersigned officer of CENTEX REAL ESTATE 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 Partner of CENTEX 1-IOMES, 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. Name Title Michael Woolery Land Development Manager Michael Hueniken Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2,2010. ttttttttu""" A_ESTArF",;.,„ Q'•»RP orO A; CENTEX REAL ESTATE CORPORATION, c.) T. o'y a Nevada corporation w I SEAL = 5: U N 2007 By lym,Assistant- ec• laryrrFVAD rrttlt Htttttti 16.A.22.b Packet Pg. 1836 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO. 40094494 PULTE HOME CORPORATION 23411 Walden Center Drive, Suite 300 Bonita Springs FL 34134 DEL WEBB AT AVE MARIA PHASE II hereinafter referred to as"Owner")and The Guarantee Company of North America USA One Towne Square,Suite 1470 Southfield MI 48076 630-799-8177 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 nine hundred fourteen thousand five hundred forty one and 89/100($1,914,541.89)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 Ave Maria Unit II, Del Webb at Ave Maria Parcels 106& 112, 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. IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 25th day of March, 2013. 16.A.22.b Packet Pg. 1837 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) WITNESSES: Pulte Home Corporation 4 By: (\ ----- Mary Birch' Robert Porter, Assistant Secretary Printed Name Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th DAY OF MARCH,2013, ROBERT PORTER,ASSISTANT SECRETARY PULTE HOME CORPORATION WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED KNOWN PARTY AS IDENTIFICATION. Notary Public-State of MICHIGAN SEAL) SHIRLEY E. HUTCHINS of NOTARY PUBLIC,STATE OF MI COUNTY OF WAYNE S I R Y E. A TCH I N MY COMMISSION E RES Mar 30,2017 ACTING IN COUNTY WIT S ES: The G Aar ompany of • th America USA MIIIII727 B : AMMIW Amy allahan Peter S. Forker, Attorney-n- act Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGMENT STATE OF Illinois COUNTY OF Cook THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th DAY OF March / 20 13 BY NAM e C N C ER AR J e4— Ay F CO i,AN WHO IS uaranteee Company ofKNOWNTOMERHASCEDSIDENTIFICATITONNorthAmericaUSA Notary Public-State of Illinoi Gam--- SEAL) Pr' d Name mothy Callahan OFFICIAL SEAL TIMOTHY CALLAHAN NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION E)PIRES:01107/15 16.A.22.b Packet Pg. 1838 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) l ,! THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield,Michigan s POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Peter S. Forker,Amy E. Callahan,Becky Heaston,Bradley S. Babcock The Forker Company its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule, regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315'day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. eTc IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and p its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. I THE GUARANTEE COMPANY OF NORTH AMERICA USA e9.taeszesx.c...„...2...a.46.40....4. STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. County of Oakland rm My Commission Expires February 27,2018 a TG ry7. , „ Acting in Oakland County el I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. aeottecoss IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this y of //pfccii---- ,,/3 e Randall Musselman,Secretary 16.A.22.b Packet Pg. 1839 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) Del Webb Parcels 106 & 112 At Ave Maria PRELIMINARY OPINION OF PROBABLE COST SUMMARY Current Previous Difference Wastewater 372,523.95 609,157.00 236,633.05 Water 180,721.00 344,726.00 164,005.00 Drainage 342,042.00 459,283.50 117,241.50 Paving 650,950.80 902,510.95 251,560.15 Landscape 123,840.64 661,314.70 537,474.06 Irrigation 187,463.50 271,194.00 83,730.50 Street Lighting 57,000.00 108,000.00 51,000.00 TOTAL 1,914,541.89 3,356,186.15 -$1,441,644.26 to\%% iNC ifiefP- _ 1.p a 1 o. — 1 01 AZQ, Of '1 L,a.'•ns- 4,,,- 1iA 10,1v, \\ 66421 Certificate A zaatiioon#8636 J:\133-10(Ave Maria)Del Webb at Ave Maria-Parcels 106,110,112,113,115\Excel\133-10.02 County OPC-Rev 3 16.A.22.b Packet Pg. 1840 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) WASTEWATER Estimated Description Quantity Unit Unit Price Amount Single Sanitary Sewer Service 5 EA 355.00 1,775.00 Double Sanitary Sewer Service 38 EA 405.00 15,390.00 Manhole 4'Diameter 22 EA 3,500.00 77,000.00 8"PVC Sanitary Sewer 5,131 LF 17.45 89,535.95 Television Inspection 5,131 LF 1.50 7,696.50 Connect to Existing Force Main 1 EA 1,400.00 1,400.00 6"PVC Force Main(C-900,CL-150) 2,462 LF 13.25 32,621.50 6"PVC Force Main(C-900,CL-200) 220 LF 15.50 3,410.00 10"PVC Force Main(C-900,CL-200) 474 LF 17.50 8,295.00 6"Plug Valve 3 EA 1,100.00 3,300.00 10"Plug Valve 2 EA 1,800.00 3,600.00 FM Air Releave Valve 2 EA 3,500.00 7,000.00 Pump Station 1 EA 120,000.00 120,000.00 Connect to and Modify Existing Manhole 1 EA 1,500.00 1,500.00 TOTAL= $372,523.95 16.A.22.b Packet Pg. 1841 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) WATER Estimated Description Quantity Unit Unit Price Amount 1" Single Water Service,Complete 8 EA 400.00 3,200.00 1"Double Water Service,Complete 37 EA 500.00 18,500.00 6"PVC Water Main(C900 Class 150) 1,405 LF 13.00 18,265.00 6"PVC Water Main(C900 Class 200)130 LF 14.75 1,917.50 8"PVC Water Main(C900 Class 150) 3,650 LF 15.65 57,122.50 8"PVC Water Main(C900 Class 200)120 LF 16.55 1,986.00 8"Gate Valve 12 EA 1,000.00 12,000.00 6"Gate Valve 5 EA 850.00 4,250.00 Fire Hydrant 11 EA 3,500.00 38,500.00 Automatic Flushing Device 2 EA 3,890.00 7,780.00 Temporary Flushing Device 4 EA 800.00 3,200.00 Connect to Existing Water Main 2 EA 3,375.00 6,750.00 Temporary Sample Point 5 EA 180.00 900.00 Permanent Sample Point 1 EA 1,100.00 1,100.00 Air Release Valves 3 EA 1,750.00 5,250.00 TOTAL= $180,721.00 16.A.22.b Packet Pg. 1842 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) DRAINAGE Estimated Description Quantity Unit Unit Price Amount 15"HDPE 290 LF 14.50 4,205.00 15"RCP 1,262 LF 17.00 21,454.00 18"RCP 923 LF 23.00 21,229.00 30"RCP 821 LF 39.00 32,019.00 36"RCP 373 LF 95.00 35,435.00 42"RCP 287 LF 130.00 37,310.00 48"RCP 108 LF 150.00 16,200.00 54"RCP 210 LF 175.00 36,750.00 15"Headwall 4 EA 1,500.00 6,000.00 30"Headwall 7 EA 2,500.00 17,500.00 36"Headwall 2 EA 3,500.00 7,000.00 42"Headwall 2 EA 4,000.00 8,000.00 54"Headwall 2 EA 4,700.00 9,400.00 Valley Gutter Inlet 24 EA 1,885.00 45,240.00 Curb Inlet Type"9" 2 EA 3,650.00 7,300.00 Gutter Inlet Type"6"10 EA 2,500.00 25,000.00 Junction Box 3 EA 2,000.00 6,000.00 Grate Inlet 4 EA 1,500.00 6,000.00 TOTAL=342,042.00 16.A.22.b Packet Pg. 1843 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) PAVING Estimated Description Quantity Unit Unit Price Amount Signing and Marking 1 LS 20,000.00 20,000.00 Valley Gutter 10,730 LF 4.75 50,967.50 Type"F"Curb&Gutter 8,234 LF 7.00 57,638.00 4"Concrete Sidewalk(Reinforced)5'Wide 12,104 SY 20.00 242,080.00 3/4"Asphaltic Concrete(Type S-III)First Lift 23,971 SY 2.15 51,537.65 3/4"Asphaltic Concrete(Type S-III)Second Lift 23,971 SY 2.15 51,537.65 6"Limerock Base(compacted and primed) 23,971 SY 5.50 131,840.50 12" Stabilized Subgrade 30,233 SY 1.50 45,349.50 TOTAL= $650,950.80 16.A.22.b Packet Pg. 1844 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) LANDSCAPE Estimated Description Quantity Unit Unit Price Amount Street Trees 389 EA 250.00 97,250.00 Residential Shrubs 1,470 EA 9.50 13,965.00 Residential Groundcover 784 EA 9.50 7,448.00 Mulch 19,914 SF 0.26 5,177.64 TOTAL=123,840.64 16.A.22.b Packet Pg. 1845 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) IRRIGATION Estimated Description Quantity Unit Unit Price Amount 4"PVC Irr.Main(C900,Class 150)4,017 LF 9.50 38,161.50 4"PVC Irr.Main(C900,Class 200) 120 LF 10.00 1,200.00 6"PVC Irr.Main(C900,Class 150) 1,981 LF 13.00 25,753.00 6"PVC Irr.Main(C900,Class 200) 100 LF 13.50 1,350.00 8"PVC Irr.Main(C900,Class 150) 322 LF 16.00 5,152.00 8"PVC Irr.Main(C900,Class 200) 50 LF 17.00 850.00 10"PVC In.Main(C900,Class 150)370 LF 23.00 8,510.00 10"PVC In.Main(C900,Class 200) 90 LF 24.00 2,160.00 12"PVC Irr.Main(C900,Class 150) 1,446 LF 27.00 39,042.00 12"PVC Irr.Main(C900,Class 200) 80 LF 30.00 2,400.00 Connect to Existing Irrigation Main 1 EA 3,375.00 3,375.00 4"Temp.Blow-Off 6 EA 1,250.00 7,500.00 8"Temp.Blow-Off 1 EA 1,250.00 1,250.00 4"Gate Valve 7 EA 730.00 5,110.00 6"Gate Valve 5 EA 890.00 4,450.00 8"Gate Valve 2 EA 1,000.00 2,000.00 12"Gate Valve 1 EA 2,000.00 2,000.00 6"x 4"Reducer 1 EA 500.00 500.00 8"x 6"Reducer 1 EA 600.00 600.00 10"x 8"Reducer 1 EA 700.00 700.00 12"x 10"Reducer 1 EA 800.00 800.00 1" Single Irrigation Service,Complete 9 EA 400.00 3,600.00 1"Double Irrigation Service,Complete 45 EA 500.00 22,500.00 8"Master Meter Assembly 1 EA 3,500.00 3,500.00 4"Master Meter Assembly 2 EA 2,500.00 5,000.00 TOTAL= $187,463.50 16.A.22.b Packet Pg. 1846 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112) STREET LIGHTING Estimated Description Quantity Unit Unit Price Amount Street Lighting 57 EA 1,000.00 57,000.00 TOTAL= $57,000.00 16.A.22.b Packet Pg. 1847 Attachment: Construction and Maintenance Agreement (10752 : Subdivision Extension - Ave Maria Unit 11, Del Webb Naples Parcels 106 & 112)