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Agenda 04/13/2021 Item #16A15 (Fiddler's Creek Phase 4-Unit 3, PL20110001869)04/13/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fiddler’s Creek Phase Four, Unit Three, Application Number AR-8149 and PL20110001869, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, and release the maintenance security. CONSIDERATIONS: 1) On January 8, 2007, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Fiddler’s Creek Phase Four, Unit Three. 2) The roadway and drainage improvements will be maintained by the Fiddler’s Creek Community Development District 2, and GB Peninsula, Ltd. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on February 26, 2021 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 of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by Fiddler’s Creek Community Development District 2, and GB Peninsula, Ltd. The existing security in the amount of $320,473.79 will be released upon Board approval. The original security in the amount of $2,252,802.59 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated June 20, 2006. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Fiddler’s Creek Phase Four, Unit Three, Application Number AR-8149 and PL20110001869, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.15 Packet Pg. 701 04/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 15222 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Fiddler’s Creek Phase Four, Unit Three, Application Number AR-8149 and PL20110001869, and authorize the release of the maintenance security. Meeting Date: 04/13/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 03/08/2021 9:46 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 03/08/2021 9:46 AM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/08/2021 12:31 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/08/2021 1:31 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 8:57 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/15/2021 10:22 AM Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 4:22 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 8:27 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 10:05 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:25 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 1:44 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 11:55 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM 16.A.15 Packet Pg. 702 FIDDLER’S CREEK PHASE FOUR, UNIT THREE LOCATION MAP 16.A.15.a Packet Pg. 703 Attachment: Location Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) CONSTRUCTION AND MAINTJl!',N1\NCE AGREE,JvlENT FOR Sl(JBDIVISION UVIF'R()VEME1'1TS THIS CONSTRUCTION AND MAINTENAJ\CE AGREEMENT FOR SUBDIVISION IMPROVE�1ENTS entered into this. Z.�_ day of __ ,,h.L.!:�l-a ___ 2006, bet•Neen G.B. :Peninsula, LTD. h1�reinafter refe:n�ed to as "De:veloper,11 and the Boa:rd of Co1..mty Commissionern of Collier County, Florida, he:reina:fter referred tom; th{: "·Bom:d". RECITALS: A.D<:veloper b.as, simulta:ne:ously with 111e delivery of this Ag:reeme:nt, applied for the approval by the Board of a certain. plat of a subdivision to be known as: '' Fiddler's Creek Phast� Fam, Unit Thn:e'' B.Chapters 4 and lO of the Collier Co1mty Land Devdopment Code requires the Developer to post appropriab:: guarm1tc�es for tht: c.onstruction of the improvements required by said mbdivision :regulations, said g�1arante�:s to be in.cor:porated in a bonded agreement for the coristruction of the required improvements. NOVI', THERli!lli'OJU:., in consideration of �1e foregoing premises and mutual ,;ovenants l.ereinafter se:t forth, Developer a:nd the Board do herd,y cove:nant and agret! as follov.:s: 1.Developer will c;ause to be wnstructed: subdivision improvements including water and sewer facilities, drainage, roadways, landscape and the like within 2.4 months from the date of approval said subdivision plat, said improve:11er..ts bereinaftc�r referred to as the required improvexm:nts. 2.Devdoper herewith tenders its subdivision perforrmmce security (attached hereto a5 Exhibit "A" and by refi:rence: made a pm1 her1�of) in the amount of $2,252.,802.59 which a:nount represents 10% of the total contract cost to complete constmction plus 100% of the e:;timate cost of to complete! the required improveme:nts at the date of this Agreement. 3.In the event of default by the Developer or failme of the Developer to complete such improvements with:in the time required. by th1;: Land Dev1�lopment Code,, Collier County may call upon the subdivision p«�rformance security to insrn:<� satisfactory :::ompktion of the rc:quired improvements. 4.The n:quired impirovf:ments shall not bf: c:onsid.t:rnd compkt1! until a statement of substantial completion by Dievcloper's engineer along with th-e fo1al proje1::t rn::ords have been Page 1 of 3 F:IJOB\E-F\FIDDLER'S CREEK\FCU4Pl.TIRecording Platslco:ist r.,aint agree 06-:W-06 �cc 16.A.15.b Packet Pg. 704 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) furnished to be reviewed and approved by the County Manager or his clesigm:e for comp liance with the Colli.er County Lm1d Development Code. 5.The County Manag1�r or his design�:(� shall, within six�f (60) days of receipt of the statement of substantial comp.leti.011, either: a) notify the Developer in v.Titing of his preliminary approval of the im provements; orb) notify the D<�velop,er in writi ng of his rdusal to approve improvements, therewith spec:ifying those conditions which the De:veloper must fulfill in order to obtain the County Manager's approval of the imp:rovements. However, in no event shall the County Manager or his designe:(i rc:fuse pre liminary a.pproval of thi� improvements if they are in fact constr ucted mid submitted for approval in aecordance v.,ith the requirements of this Agreem.e:nt 6.The� Develop1;::r shall maintain all required improvements for a minimum period of one yea:r after prdirninary approval by the Comity :Manager or his desigrn�e. After tr.e one year maintenance period by t:ht� Devc!oper has t1�miinated, thf: Deve lop,�r shall petition the County Manage:r or hi.s desig:nee to ins:pect: the required improvements. The Cotmty Manager or his clesigm:e: .shall insp1!ct the improvements and, if found to b•� still ::n compliance with che Collier County Land. Development Code as reflected by final approva.l by tl1e Board, the Board shall rdease the remaining 10% of the subdivision perforrmu1ce security. The Developer's resp onsibility for maintenan,:e of the required improvements shall contim.1c unle:ss or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agree:ment and once with.in every six (6)months thereafter the Developc!r may reqw�st tlu;: Coun1y Manager or his desigm:c to reduce the do llar mnount of the subdjvfoi on performm1ce security on the: basis of work complete. Each request for a reduction in the dollar amount of the 1mbclivision per:formanc,;: security shall be ac.compm1ied by a stateme:nt of substantial completion by the Developer's ,engineer together with the project records necessary for review by the Comity M.u1ager or his designee. The County Manager or his designee may grant the n:quest for a reduction in the amount of the subdivision perfonmmce security for the improvements completed as of1he date of the :request. 8. In tl1e eve:nt the Developer shall fail or n.eglect to fulfill its obligations under this Agreement, up on certification of sw;h. failure, the County Mmiager or his clesig-nee rrny call upon the subdivision perforrn.ance security to sectm: satisfactory completion, :repair and maintenance of the required improve1mmts. The: Board shall have the right to construct: and mai!1t�in, or cause Page 2 of 3 F:\JOB\E-F\FJDDLER'S CREEK\FCU4PLT\Rt:ccrdi:ng Plats\const mair� agree 0ti-2Q .. (16.doc: 16.A.15.b Packet Pg. 705 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) to be constructed o:r maintained, pursuant to public adv1erti.se1rnmt and receipt and accc:ptance of bids, the improvee:ments required herein. 171e Developer, as principal tmder 1111� subdivision perforn111nce security, shall be liable: to pay m1d to indenmify thee Board, upon comple!tion of such construction, the final total cost to the Board thereof; inc1uding, but not limited to, engineering, legal and conting1�n.t costs, together witl1 any damages,, e:ither direct or conseqmmtial, which the Board may sustain on a.ccom1t of the failure of the Dievdoper to fu:lfill all ofthe provisions of this Agreement. 9.All of thi� tie.rms, c.ovenants a11d c:o:nditions :herein contained are rmd shall be binding upon -tl1e Di�veloper and the respective: succ,essorn a11d assigns o:f the Developer, IN WITNICSS WIIE.JU�OF, the Bom:d and the: Deve�loper have ce.us,ed this Agreement to be executed by their duly authorized. representatives this __ j�_f:_d.ay of :��.J, •,· •"-·-2006. SIGNED lN THE :e-irnsENCE OF: 0'-fame of Entity) Vice� President o:f Planning __ ATTEST: .. , , :,;; ,DWIGHT I�: BROCfK, {�lerk E' •• .Ill . · · .: · J.\·i ,·-. ·, · n C . ,y:w1...t4t-.�-,��tJ.�.Jg�"---:�"�--�· / :\ · · . . · U · ; Di:puty Clc�:r.ilc \,, . . ��-t :,11_ .'to, -(:h,t11�11Wlt. ll · · 11 l�1111tt.n-f ori l v . ·Approved as to form • · · and legal sufficiency: c:�(:,;:f:=� fo E WnE!I t Ass1 ta County Attomey Approved Fonn -· JAK --February ZO.J6 Page 3 of 3 F:VOBIE-F\FIDDLER'S CREEK\FCIJ4P'LT\Rc:c:or,iing Plats\cons'. mJ1int agn:c 06-Z0.-06.doc: 16.A.15.b Packet Pg. 706 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) (Fiddler's Creek Phase Four, Unit Three) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that GB PENINSULA, LTD., a Florida limited partnership, at the address of: 3470 Club Center Blvd. Naples; FL 34114-0816 .Bond# 5021639 (hereinafter collectively refcttcd to as ''Owner'') and BOND SAFEGUARD INSURANCE COMPANY 1919 S. Highland Avenue, Bldg. A, Ste. 300 Lombard, IL 60148 · · (hereinafter referred to as "Surety'') are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two Million Two Hundred Fifty-Two Thousand Eight Hundred Two and · 59/100 Dollars ($2,252,802.59) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind OUISelvcs, 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 CONDIDON OF TIIlS OBUGA TION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Fiddler's Creek Phase Four, Unit Three, and that certain subdivision shall include specific improvements which arc required by Collier County Ordinances and Resolutions (hereinafter "Land Developmc-nt Regulations"). This obligation of the Surety shall commence on the date this B ond is executed and shall continue until the date of fmal 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 tcmain 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, ad�tion or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it docs hereby waive notice of any sucll 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 Suiety to the full and faithful performance in accordance with the Land Development Regulations. The tenn "Amendment," whenever used in this B ond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Page 1 of 3 16.A.15.b Packet Pg. 707 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) POWER OF ATTORNEY Bond Safeguard AO 2233S INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Michael J. Scheer, James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruae, Stephen T. Kazmer, Dawn L. Morsan, Peay Faust, Kelly A Jaoobe, Elaine Marcus. Jennifer J. McComb, Melisaa Schmidt its true and lawful Attomey(s)-ln-Fact to make, execute, seal and deliver for, and on Its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company Is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company_ anv. bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ · 2,S00,000.00 Two Mtlhon Eight Hundred Thousand Dollars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any cerliflcate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it Is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this Instrument to be signed by Its President, and Its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY �� President ACKNOWLEDGEMENT On this 71h day of November, 2001, before me, personally came David E. Campbell to me known, who betng duly sworn, did depose and say that he ls the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" LYDIA J. DEJONG Notary Public, State of Illinois My Commission Expires 1 /12/07 CER TIFICATE Lydia J. DeJong Notary Public I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that 1he original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 218 t Day of _A_p_r_i_l ____ , 20_0_6 Donald D. Buchanan Secretary 16.A.15.b Packet Pg. 708 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) IN WITNESS2WHEREOF, the partjes hereto have caused this PERFORMANCE BOND tobe executed this � 18 t day of April , 2006. STATE OF FLORIDA COUNTY OF COLLIER PRINCIPAL: GB PENINSULA, LTD., a Florida limited partnership � The foregoing instrument was acknowledged before this� day of Q ft: • , )...2006, by Aubrey J. Ferrao, Attorney in Fact of �!I PENINSUl,A,_ 1/1.'Q!, a Flori limitedpartnership, on behalf of the limited partnmi!fe:_ He is personally known to-�:···· · ."-·--·,�---....... . . ·-. ·-------·---·-··--··�-·-,,,..,. Pagc2of 3 16.A.15.b Packet Pg. 709 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) c4k a:th-&L bfu c)t_,· Prinlnamo Heather A. Beck ,n If & . wJLvrrw1JJ Prinlnamo e fssa Schmidt STA TE OF Il.LINOIS COUNTY OF QCUK DuPage SURETY: Bond Safeguard Insurance Company c-, By: ;, _ _,/� � �a,...-.. Print Name: Dawn L. �� Title: Attorney in Fact PO 11322 Florida. License#----�---- On April 21 , 2006, 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 Bond Safeguard Insurance Company, the corporation described herein and that executed the within and foregoing instrument, and known to me to be the penon who executed the said imtrurncnt in behalf of the said coq,oration, and he duly acknowledged to me that such 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 06 / 23 / OS J1:Jj;U!1Jc1.._ �lt/Jrutiv OFFICIAL SEAL MELISSA SCHMIOT NOT ARY PUBLIC -ST A TE OF ILLINOIS MY COMMISSION EXPIRES:06123/08 F:IUSERS\WANDA\l'IODLERS\Pllltf'.BOND Plr4UJ.wpd Signature of Notary Melissa Schmidt Printed Name of Notary Page 3 of 3 16.A.15.b Packet Pg. 710 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) June 16, 2010 Co 1e-r County Comrn�lty ��ment & .. Environmental Services DMsion Zoning & Land Development Review Mr. Stephen Kazmer, Attorney-in-Fact Bond Safeguard Insurance Company. 1919 S. Highland Ave., Building A, Ste. 300 Lombard, IL. 60148 RE: Your Performance Bond No. 5021639 / GB Penninsula, Ltd. Fiddler's Creek Phase Four, Unit Three Dear Mr. Kazmer:· Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $1,932,328.80, leaving an available balance of $320,473.79. An original Bond Rider should be directed to this office, reducing the value of the Bond, "all other terms and conditions of original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. S�cerely, I J�dsworth Senior Engineer Cc: Stan Chrzanowski, P.E., County Engineer Reading File Q, Grady Minor & Associates ----Ci>---- 2800 North Horsehoe Drive • Naples, Florida 34104 • 239-252-2400 • Fax 239-643-6968 • www.colliergov.net 16.A.15.b Packet Pg. 711 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) Fiddler's Creek Phase 4 Unit 3 Cost of Construction from approved engineer's cost estimate (AR-8149) Total Work Completed Total Work Remaining Replacement Bond Amount 10 % of $2,048,002.35 150% of $77,115.70 TOTAL NEW BOND AMOUNT Cost of Construction for Remaining Items: Bid Schedule Summary ITEM DESCRIPTION A Earthwork· B Paving C Wastewater Collection D Potable Water Distribution E Irrigation F Stonn Drainage G Lighting & Landscaping .. TOTAL Paving ITEM DESCRIPTION B-1 3/4" Asphaltic Concrete (Type S-III) B-2 Signing & Pavement Markings B-3 Bahia Sod B-4 Blue Reflector Wastewater Collecitons ITEM DESCRIPTION C-1 Pump Station Start Up Landscape and Lighting ITEM DESCRIPTION G-1 Landscaping G-2 Li total Shelf Plantings Sign Miscellaneous ITEM DESCRIPTION Clean Catch Basins, Clean Curb and Gutter Adjacent to Undeveloped Lots, and Repair Minor Cracks in Curb and H-1 Gutter and Sidewalk. TOTAL PRICE ......... , ---Complete $55,055.70 $1,000.00 Complete Complete Complete $21,060.00 $77,115.70 UNIT SY LS SY EA UNIT LS UNIT LS LS UNIT LS . OTY 21,546 l 200 34 QTY I QTY 1 1 QTY I ---------------···•··· . $2,048,002.35 $1,970,886.65 $77,115.70 $204,800.24 $115,673.55 $320,473.79 UNIT PRICE $2.45 $2,000.00 $0.32 $6.00 TOTAL UNIT PRICE $1,000.00 TOTAL UNIT PRICE $18,860.00 $2,200.00 TOTAL UNIT PRICE $14,250.00 TOTAL TOTALPRICE $52,787.70 $2,000.00 $64.00 $204.00 $55,055.70 TOTAL PRICE $1,000.00 $1,000.00 TOTAL PRICE $18,860.00 $2,200.00 $21,060.00 TOTAL PRICE $14,250.00 $14,250.00 16.A.15.b Packet Pg. 712 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) Fiddler's Creek Phase 4 Unit 3 Cost of Construction from approved engineer's cost estimate (AR-8149) Total Work Completed Total Work Remaining Replacement Bond Amount 10 % of $2,048,002.35 ISO% of $77,115.70 TOTAL NEW BOND AMOUNT Cost of Construction for Remaining Items: Bid Schedules_, ITEM DESCRIPTION A Earthwork B Paving C Wastewater Collection D Potable Water Distribution E Irrigation F Storm Dnunage G Limting & Landscaping TOTAL p avm2 ITEM DESCRIPTION B-1 3/4" Asphaltic Concrete (fype S-III) B-2 SilZllinlz & Pavement Markings B-3 Bahia Sod B-4 Blue Reflector Wastewater Collecitons ITEM DESCRIPTION �I Pump Station Start Up L d dLi h. an scapeao 1g1 ting ITEM DESCRIPTION G-1 Landscaping G-2 Li total Shelf Plantings Sim Miscellaneous ITEM DESCRIPTION Clean Catch Basins, Clean Curb and Gutter Adjacent to Undeveloped Lots, arid Repair Minor Cracks in Curb and H-1 Gutter and Sidewalk. TOTAL PRICE Complete $55,055.70 $1,000.00 Complete Complete Complete $21,060.00 $77,115.70 UNIT SY LS SY EA UNIT LS UNIT LS LS UNIT LS OTY 21,546 1 200 34 OTY 1 QTY 1 I QTY I $2,048,002.35 = $1�970,886.6S $77,115.70 $204,800.24 $115,673.55 $320,473.79 UNITPRICE $2.45 $2,000.00 $0.32 $6.00 TOTAL UNITPRICE $1,000.00 TOTAL UNIT PRICE $18,860.00 $2,200.00 TOTAL UNITPRICE $14,250.00 TOTAL TOTAL PRICE $52,787.70 $2,000.00 $64.00 $204.00 $55,055.70 TOTALPRICE $1,000.00 $1,000.00 TOTAL PRICE $18,860.00 $2,200.00 $21,060.00 TOTALPRICE $14,250.00 $14,250.00 16.A.15.b Packet Pg. 713 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) SURETY RIDER SURETY: Bond Safeguard Insurance Company PRINCiP AL: GB Peninsula, LTD OBLIGEE: Collier County, Florida DESCRJPTION: Fiddler's Creek Phase Four, Unit Three BOND NO.: 5021639 BOND AMOUNT: $2,252,802.59 CURRENT REDUCTION TO: $320,473.79 EFFECTIVE:June 16,2010 This is to certify that this company has not terminated its suretyship under the above described bond and that such bond according to its records is still in full force and effect. STATE OF ILLINOIS COUNTY OF DUPAGE �::r.-r:g-��en�:w,Jefore me this 23rd day of September, By: -� ________ l_ V_ fX!_CA Heather A. Beck, Notary Public SEAL My Commission Expires: February S, 2012 OFFICIAL SEAL HEATHER A BECK NOTARY PUBLIC -STATE OF IWNOIS MY COMMISSION EXPIRES:02/05/12 16.A.15.b Packet Pg. 714 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) .. POWER OF ATTORNEY AO 6 9 41 9 Bond Safeguard 1NsuRANce coMPANv KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Cor.'Pooration with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Bonnie Kruse, Slephen T. Kazmer.Dawn L. organ, Peggy Faust. Kelly A. Ganim,,; Elaine Marcus, Jennifer J. McComb, Melissa Sc:bmidt)oel E. Speckman, Heather A. Beclc, Tariese M. Pisciotto•u•••••••••• .. • .. •••••• .. ••••••••••• its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other-writings obligatory in nature of a bonc;I not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if.they h.ad been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President arid the seal of the Company may be affixed by facsimile on· any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this ]1h day of November, 2001. ACKNOWLE DGEMENT BOND SAFEGUARD INSURANCE COMPANY BY___._.a"'---�.,___��-��-- Davld E. Campbell President On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL,. MAUREEN K. AYE Notary Public, State of Illinois My Commission Expires 09/21/13 CERTIFICATE I, the under.signed, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 23rd Day of September , 20 10 Donald D. Buchanan Secretary "WARNING: Any person who knowingly and with Intent to defraud any Insurance ·company or other person files an 8 pllcatlon for Insurance or sta�etent of claim containing any materially false Information, or conceals for the purpose of misleading lnformatron concerning any factmater a thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to crfmlnai and clvll penaltles " . . 8S1 16.A.15.b Packet Pg. 715 Attachment: Bond Basis (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) RESOLUTION NO. 21- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN FIDDLER'S CREEK PHASE FOUR, UNIT THREE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46, PAGES 57 THROUGH 61, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 10, 2006, approved the plat of Fiddler's Creek Phase Four, Unit Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Fiddler's Creek Phase Four Unit Three, pursuant to the plat thereof recorded in Plat Book 46, pages 57 through 61, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Fiddler's Creek Phase Four, Phase Three will be maintained privately in the future and will not be the responsibility of Collier County. [Space Intentionally Left Blank] [19-EIS-04172/1510621/2] Page 1 of 2 0 16.A.15.c Packet Pg. 716 Attachment: Resolution (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.c Packet Pg. 717 Attachment: Resolution (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.d Packet Pg. 718 Attachment: Plat Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.d Packet Pg. 719 Attachment: Plat Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.d Packet Pg. 720 Attachment: Plat Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.d Packet Pg. 721 Attachment: Plat Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three) 16.A.15.d Packet Pg. 722 Attachment: Plat Map (15222 : Final Acceptance - Fiddler's Creek Phase Four, Unit Three)