Wetland Mitigation Agreement For: Palma Vista Subdv Project Name

1. Developer's Obligations. The Developer hereby agrees to construct, maintain, and operate a Wetland Mitigation System such that the constructed mitigation (i) provides an equal or greater habitat function than the wetland being replaced, (ii) complies with the approved Wetland Mitigation Plan, and (iii) otherwise fully complies with Section 719 of the Code and all other applicable regulations, requirements, and agreements. Further, the Developer hereby agrees that it will correct any deleterious effects on wetlands or adjacent areas that may result from non-compliance with the Wetland Mitigation Plan.

2. Surety Requirement. Within sixty (60) days following execution of this Agreement, Developer shall tender to the County's Planning Director a performance and defect bond, letter of credit, or other surety in form and substance reasonably acceptable to the County (the "Security") in the amount of SEVEN THOUSAND FIVE HUNDRED NINETY & 00/100 Dollars (words),$ 7,590.00 , such amount being one hundred fifteen percent (115%) of the certified cost estimate, attached hereto as Exhibit "B" and incorporated herein. Said Security shall be issued by a bank or other financial institution authorized to transact business in the State of Florida (the "Surety Company"). Said Security shall remain valid throughout the effective period of this Agreement, as described in Paragraph 6 herein. Further, the Security shall not be canceled with less than ninety (90) days written notice to the County, provided by hand delivery or certified mail. Any such cancellation must be accompanied by the tender of an adequate replacement security, failing which a stop work order, requiring immediate cessation of any land alteration activities, shall be posted against all development activities occurring or permitted on the Property.

3. Countv's Obligation. Upon tendering of the Security by the Developer as required by Paragraph 2 hereof, the County may approve the applied-for site plan or final plat provided that all other requirements for such approval have been met.

4. County's Remedies. If the Developer should (i) fail or refuse to construct, maintain, or operate, to the reasonable satisfaction of the County, the required Wetland Mitigation System, (ii) fail to correct any deleterious effects on wetlands or adjacent areas during the effective period of this Agreement, or (iii) fail to maintain the security for its obligations hereunder in accordance with Section 2, hereof, and Section 719 ofthe Code, the County, at its sole option and upon ten (10) days written notice to the Developer, shall have the right to draw upon the security and enter upon the Property, to construct, maintain, and operate the aforesaid Wetland Mitigation System, and/or to correct any deleterious effects on wetlands or adjacent areas. Nothing herein shall be construed as affecting the County's right to resort to any and all legal and equitable remedies against the Developer or to collect against the Security posted for the Wetland Mitigation System.

5. Indemnity. The Developer shall indemnify and hold harmless the County against and from all claims, costs, fees, expenses, damages, injuries, or loss, whether direct or consequential, including without limitation all engineering, legal, and contingent costs and fees, which the County may sustain due to the failure of the Developer to fulfill its obligation as described herein during the time period specified, without regard to the amount of the Security. In the event the County exercises this right, the Developer shall reimburse the County for all costs and expenses.

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Wetland Mitigation Agreement For: Palma Vista Subdv Project Name

6. Effective Date and Expiration. This Agreement shall be effective upon execution and shall continue in effect through a date five (5) years following the date on which construction of the required Wetland Mitigation System is deemed complete pursuant to Section 719 ofthe Code (i.e., the system has been certified by the Engineer of Record to have been constructed in compliance with the approved Wetland Mitigation Plan, and the County has completed an on-site review and approved the construction). Upon or prior to the expiration of said five (5) year period, Developer shall record in the public records of the County documents providing that the Developer and his successors shall be responsible for ongoing maintenance, data collection, and reporting for the Wetland Mitigation System.

7. No Development Rights Conferred. The parties understand, acknowledge, and agree that, unless otherwise specifically provided for herein, no approval is given hereby for the Project. Nothing contained in this Agreement shall (i) create any development rights in favor of the Developer or the Property; (ii) create, or otherwise acknowledge the existence of, any vested development rights by reason of estoppel, detrimental reliance, or otherwise; or (iii) authorize, permit, or otherwise allow any construction and/or development of or on any other property unless separately approved by the Board of County Commissioners pursuant to County Ordinances. All land use authorizations and all development and construction rights and authorizations shall be obtained upon proper application and in compliance with all standards and requirements of the Manatee County Comprehensive Plan, the Manatee County Land Development Code, any approved general development plan, preliminary or final site plan, and all conditions or stipulations thereto.

8. Integration. This Agreement incorporates and includes all prior negotiatiOns, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith.

9. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any dispute shall be located in a civil court of competent jurisdiction of Manatee County, Florida.

10. Partial Invalidity. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect, provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement.

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Wetland Mitigation Agreement For: Palma Vista Subdv Project Name

11. Assignment. County specifically understands that the obligations of Developer herein may be assigned to a subsequent developer of the Project and that the rights and obligations of Developer herein shall run with the Project. The term "Assignment" shall not include acts by the Developer's primary contractor in subcontracting or ordering materials for portions of the Realignment Improvements.

12. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and no right or cause for action shall accrue to, or for the benefit of, any third party not a party hereto.

13. Notices. Every notice, request, or other communication provided for in this Agreement shall be in writing and shall be deemed to have been given or served at the time that the same is received, if hand delivered, or at the time the same shall be deposited in the United States mail, postage prepaid, addressed to the parties and signed by the designated representatives and addressed as provided below, until either party provides written notice of a different agent or address:

If to the County:

Manatee County Attn: Director, Public Works Department 1 022 261

h A venue East Bradenton, Florida 34208

If to the Developer: Christina Lee, Land Administration Mgr. Ashton Tampa Residential, LLC 2450 Maitland Center Pkwy, Ste 301 Maitland, FL 32751

With copies to:

Manatee County Attn: County Administrator Post Office Box 1 000 Bradenton, Florida 34206

Manatee County Attn: County Attorney Post Office Box 1000 Bradenton, Florida 34206

With a copy to:

[SIGNATURE PAGE FOLLOWS]

4

Wetland Mitigation Agreement For: Palma Vista Subdv Project Name

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below.

rmtName

5

MANATEE COUNTY, a political subdivision ofthe State ofFiorida

{DEVELOPER} a Florida {TYPE OF ENTI

Print Name: Pete Small ---/J.A>tllutllhiomrT.!izeced:HRRte!mplft!reiSiseMnltltaltlti'wwet---

Title:

Date: ~~~~~~~~~~~7~f,::~r~~:'3~~~~~=

EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

6

DESCRIPTION

FROM THE SOUTHEAST CORNER OF U.S. LOT 2, SECTION 6, TOWNSHIP 35 SOUTH, RANGE RANGE 17 EAST, RUN N 00° 06' 16" E. ALONG THE EAST LINE OF SAID U.S. LOT 2, A DISTANCE OF 1319.90 FEET; THENCE S 89°35'16" W, A DISTANCE OF 660.36 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUE S 89° 35' 16" W, A DISTANCE OF 928.76 FEET TO THE EASTERLY RIGHT OF WAY LINE OF PALMA SOLA ROAD (A 50 FOOT RIGHT OF WAY); THENCE, ALONG THE SAID EASTERLY RIGHT OF WAY LINE THREE COURSES, VIZ: N 41°09'03" E, A DISTANCE OF 320.53 FEET; AND N 34° 25' 22" E A DISTANCE OF 1160.69 FEET; AND N 44° 36' 52" E, A DISTANCE OF 92.41 FEET; THENCE S 00° 08' 49" W, A DISTANCE OF 1257.90 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 6, TOWNSHIP 35 SOUTH, RANGE 17 EAST, MANATEE COUNTY, FLORIDA.

SUBJECT TO PERTINENT EASEMENTS, RIGHTS OF WAY AND RESTRICTIONS OF RECORD.

CONTAINING 13.15 ACRES, MORE OR LESS.

EXHIBIT "B"

CERTIFIED COST ESTIMATE FOR THE WETLAND MITIGATION SYSTEM

f ~ Carclno ~ / ENTRIX

July 10, 2013

Doug Means Planning Division Manager Environmental Planning Division. Manatee County Environmental Mgt Department PO Box 1000 Bradenton, FL 34206

RE: Palma Vista Subdivision MC File No.: PDR-02-22/04-S-17(F) ZNS No.: 00-43348

Dear Doug:

I hereby certify that the amount outlined herein represents our estimate of the cost of completion of the wetland mitigation system to serve the above referenced development, based on the approved construction plans. This cost estimate has been prepared in order for the appropriate surety to be posted with Manatee County, guaranteeing completion of this wetland mitigation system.

TOTAL = $6,600.00

SECURITY @ 115°/o = $7,590.00

Required Bond Amount = $7,590.00

Thank you in advance for your cooperation. Please advise if you should have any questions or require additional information.

Respectfully submitted,

Cc: Karen Wilson, ZNS Ed Kassik, Ashton Woods

Australia • Belgium • Canada • Ecuador • Indonesia • Kenya • New Zealand • Papua New Guinea Peru • United Arab Emirates • United Kingdom • United States • Operations in 70 countries

Shaping the Future

Cardno ENTRIX

3905 Crescent Park Drive Riverview, FL 33578 USA

Phone 813 664 4500 Toll-free BOO 368 7511 Fax 813 664 0440 www.cardno.com

www.cardnoentrlx.com

.. .

SURETY BOND FOR GUARANTEEING PERFORMANCE OF A

WETLAND MITIGATION SYSTEM sURo o 19s42

BOND NO.----

KNOW ALL MEN BY THESE PRESENTS:

That the Developer, Ashton Tampa Residential, I:.LC as Principal, and

Argonaut Insurance Company a Surety Company, duly authorized to transact business in the

State ofFlorida, are held and firmly bound unto the County ofM.anatee, State ofFlorida, as Obligee, in the sum of Seven Thousand Five Hundred Ninety (Words)$ 7 , 590 . 00

and 00/10 0 (Numbers), for the payment of which sum we jointly and severally bind ourselves, our heirs,

executors, administrators, successors and assigns, for the specific benefit of the County in

accordance with the conditions set forth herein and in the Agreement In Conjunction with Surety

Bond for Guaranteeing Performance of a Wetland Mitigation System ("Agreement'').

THE CONDmON of the above obligation is such that the Principal has entered into the

Agreerp.ent, dated J u.l~ .3 0 20~ with the obligation

.}. to construct, maintain and operate said Wetland Mitigation System ("System") such that it

provides an equal or greater habitat than the habitat it replaced; and

2. to warrant that such System is fully functioning and free from defects or failures; and

3. to correct any deleterious effects on wetlands or adjacent areas that result from

noncompliance with the Wetland Mitigation Plan.

NOW, THEREFORE, if the Obligee's inspection of the System finds the Principal has

constructed, maintained and operated the System in compliance with the approved Wetland

Mitigation Plan for the period up to and including sixty (60) months from the date of the

Certification by the Principal that the mitigation is constructed in accordance with the approved

Wetland Mitigation Plan, then this obligation shall be null and void; otherwise, this obligation shaii

remain in full force and effect. If defects or failures are found in Principal's construction,

maintenance or operation of the System, and the defects or failures are not remedied in accordance

with the terms of the attached "Agreement'', which is hereby incorporated herein by reference, the

Surety, upon written request by the County Public Works Director, shall forthwith pay to the Obligee

the costs of correcting the defects or failures in an amount not exceeding the said sum specified

above.

Page 1 of4

.-> ...

Wetland Mitigation System Agreement Palma Vista

Project Name

BOND NO. SUR0019542

It is agreed and understood that the liability of the Principal is in no way limited by this Bond. The

amount of money to be paid by the Surety shall be determined by the County's estimated or actual

costs to be incWTed to repair the defects or failures. Means of notification of intent to collect shall be

by certified mail to the Surety at the address listed below. Payment sha11 be made to the County

within thirty (30) days by certified check drawn on behalf of the Board of County Commissioners of

Manatee County, Florida at Post Office Box 1000, Bradenton, Florida 34206, c/o Chainnan.

This Surety Bond shall be construed in accordance to the Laws of Florida, and any action of

whatever nature, in connection with this Bond and the Wetland System Mitigation Agreement shall

be filed in the Twelfth Judicial Circuit in and for Manatee County; Florida

Page 2 of4

·'

INSURANCE COMPANY SIGNATURE FORM

SIGNED AND SEALED this 1st

FOR: Palma Vista

(Name ofProject) BOND NO. SUR0019542

day of __ J_u_l_Y _____ , 20 ~

Insurance Company

Print Name & Title PO Box 469011

Address San Antonio TX

City State

78246

Zip

G ~ WITNESSES OR CORPORATE SEAL •

~\-Q\,k-) ~~ SiJ?;nature Signatllfe'---

Peggy Faust Melissa Schmidt

Print Name Print Name

NOTARY ACKNOWLEDGMENT STATE OF: Illinois --------

COUNTY OF DuPage --------The foregoing instrument was acknowledged before me this lst day of

July 20~ by James Moore as Attorney- In-Fact (Title), on behalf of the Surety identified herein, and who is

personally known to me or who has produced -=h=im=s~e;,;l:;:.;f;;:::. =::::.....---'---1--~---(T.,.ype of Identification) as identification. L- \

NOT~~~~~~~~~~~~ OFFICIAL SEAL Notary Public

PEGGY FAUST NOTARY PUBLIC, STATE OF IWNOIS MY ~ EXPIRES f«7t99IER 29,2016

Peggy Faust

Print Name ofNotary

Commission No. _ _,6...._1'--5 .... 3.u7~3L__ ___ _ My Commission Expires: __ 11_1_2_9_1_1_6 ___ _

Page 3 of4

' .

FOR: Palma Vista

(Name of Project) (Pvt Imp./Surety- Developer is Corp.) For: _______ _

SIGNED AND SEALED this _ 1_s_t_day of __ Ju_l....::y'-------' 20_::__

~18~~ Witness

H ISTINA M. LEE

Type or Print Name

Type or Print Name Title (If attorney-in-fact Attach Power of Attorney)

NOTARYACKNOWLEDGMffiNT STATE OF: , }Jm.<d"'-< COUNTYOF: 0D~

NOTARY SEAL: Notary Public

Print Name ofNotary

~-~',t\~:~.. CHRI~TI~ M. LEE ff*f"·/;i,~ :*E CommiSSion# EE 033696 ~~~~ Expires October 11, 2014

~P,r,~,,.. Bonded 1lvu Troy Flin lrannt.e SCJ0..385..7019.

Postal Address

City State

..30~ Approved and accepted for and on behalf of Manatee County, Florida, this ---=-- .......,'--- day of

:Su.l~ '20.\3.

Zip

BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA

Argonaut Insurance Company Deliveries Only: 225 W. Washington, 6th Floor

Chicago, IL 60606

United States Postal Service: P.O. Box 469011, San Antonio, TX 78246

POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and extstmg under the laws of the State

of Illinois and having tts principal office m the County of Cook, Illinois does hereby nominate. constitute and appoint:

Stephen Kazmer Elaine Marcus James Moore Dawn Morgan Mary Beth Peterson

Thetr true and lawful agent(s) and attorney(s)-m-fact, each m their separate capacity tfmore than one ts named above. to make, execute, seal and del iverfo

and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakmgs in suretysl'itp provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

$20 000 000.00

This Power of Attorney is granted and is stgned and sealed under and by the authority of the followmg Resolution adopted by the Board ofDirectors of Argonaut Insurance Company:

"RESOLVED, That the President, Senior Vtce President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is

authorized to execute powers of attorney, and such authority can be executed by use of facs imile signature, whtch-may be attested or acknowledged by any

officer or attorney, of the Company, qualifying the attorney or attorneys named m the gtven power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto •

IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affi~ed and these presents to be signed by its duly

authorized officer on the 15th day of September, 20 II . Argonaut Insurance Company

STATE OF TEXAS

COUNTY OF HARRIS SS:

by:

-/wll~ Michael E. Arledg~ President

On this 15th day of September, 2011 A.D., before me a) lotary Pubhc of the State of Texas, in and for the County of Harris, duly commisstoned and

qual ified, came THE ABOVE OFFICER OF COMPANY, to me personally known to be the individual and officer described in, and who executed the

preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company

aforesaid, and that the seal affixed t preceding Instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as

officer were duly affixed and subscribed to the said instrument by the authonty and direction of the satd corporation, and that Resolution adopted by the

IN TESTIMONY

(Notary Public)

I, the undersigned Officer of the Argonaut Insurance Company, lllinots Corporation, do hereby certify that the original POWER OF ATTORNEY of which

the foregoing is a full . true and correct copy is still in full force and effect and has not been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal ofsatd Company, on the~ day of_ J-'--"u'-'l:;.y,__ ____ __,, 2013

AS-0042272

Joshua C Belt Asststant Vice President

THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON SHADED BACKGROUND WITH BLUE SERIAL NUMBER IN THE UPPER RIGHT

HAND CORNER. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (210) 321-8400.

MEMORANDUM

Public Works Department Fiscal Services Division 1022 261

h Ave. E. Bradenton, FL 34285 MANATEE COUNTY

FLORIDA

Phone: 941-708-7450 Fax: 941-708-7502

www.mymanatee.org

To:

Thru:

From:

Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court

Carmen Mosley, Fiscal Operations Division Manager C· A1.._ ~ Jane Oliver, Bond Coordinato~~ ~

~ APPROVED IN OPEN SESSION _ ...

Date: July 17, 2013

'JUL 3 0 2013 Subject: PALMA VISTA SUBDIVISION

80 ARD OF COUNTY COMMISSIONERS PDR-02-22/FSP-03-51 MANATEE COUNTY, FLORIDA

ACCEPT WETLAND MITIGATION SYSTEM AGREEMENT ACCEPTSURETYBOND

Please schedule on your consent calendar for the next available Board of County Commissioner's Agenda, the following "Form ofMotion".

• Acceptance of, and authorization for Chairman to execute the Palma Vista Subdivision Wetland Mitigation System Agreement in the amount of$7,590.00;

• Acceptance of, and authorization for Chairman to execute the Surety Bond in conjunction with the above Agreement;

• Surety Bond No. SUR0019542 issued through Argonaut Insurance Company;

• Amount of Security $7,590.00.

CM/jo cc: Records Management

Doug Means, Planning Division Mgr., Building & Development Svc. Joel Christian, Environmental Program Mgr, Building & Development Svc. Dorothy Rainey, Environmental Planner, Building & Development Svc. John Parks, Building and Development Services Dept. Karen Wilson, Agent for the Developer

Attachments

LARRY BUSTLE* MICHAEL GALLEN *JOHN R. CHAPPlE* ROBIN DiSABATINO* VANESSA BAUGH * CAROL WHITMORE* BETSY BENAC District I District 2 District 3 District -1 District 5 District 6 District 7

PALMA VISTA SUBDIVISION WETLAND MITIGATION SYSTEM

AGREEMENT

This SURETY AGREEMENT ("Agreement") is made and entered into by and between MANATEE COUNTY, a political subdivision of the State of Florida ("Manatee County" or "County"); and ASHTON TAMP A RESIDENTIAL, LLC a Florida LIMITED LIABILITY COMPANY with an address of 2450 MAITLAND CENTER PARKWAY, SUITE 301, MAITLAND, FL 32751 , ("Developer").

RECITALS

WHEREAS, Developer has made application to the County for approval of a site plan or final plat identified as PALMA VISTA SUBDIVISION (the "Project") to be developed on the property described in Exhibit "A", attached hereto and incorporated herein, (the "Property"); and

WHEREAS, in connection with the Project, Developer has submitted a Wetland Mitigation Plan, which is on file with the County's Planning Department and has been approved by the County, that provides for and requires the construction, maintenance, and operation of a Wetland Mitigation System; and

WHEREAS, Developer desires to obtain approval of the site plan or final plat for the Project; and

WHEREAS, the Developer is the responsible entity for construction, maintenance, and operation of the Wetland Mitigation System; and

WHEREAS, Section 719 of the Manatee County Land Development Code (the "Code") requires that Developer tender to the County a security, bond, escrow, or other form of surety acceptable to the County in the amount of one hundred fifteen percent (115%) of a cost estimate, certified by the Engineer of Record, of the estimated or actual costs and expenses of wetland mitigation construction, planting, maintenance, and monitoring the County may incur should the Developer fail to comply with or perform any requirement of the Wetland Mitigation Plan; and

WHEREAS, Developer has submitted such estimate certifying the construction, maintenance, and operation costs as SIX THOUSAND SIX HUNDRED & N0/1 00 dollars ($6,600.00), as shown on Exhibit "B", attached hereto and incorporated herein.

WHEREAS, the Developer herewith tenders to the County SURETY BOND (Type of Security), Number SUR0019542 , dated JULY 1, 2013 , with ARGONAUT INSURANCE COMPANY (Financial Institution), in the amount of SEVEN THOUSAND FIVE HUNDRED NINETY & 00/100 Dollars (words),$ 7,590.00 (numbers), expiring on the 30™ day of JULY, 2018 .

NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ACOO'Tf!D llrO~ ~SSf01f-,Jl;Jb.'-3---0.~1~i;il T <or{~D OF COUNTY COMMISSIDr1!:JifS. MANATE'E COUNTY