Agenda 04/24/2012 Item #16A 64/24/2012 Item 16.A.6.
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of subdivision improvements
associated with the Isla Del Sol at Fiddler's Creek subdivision pursuant to Section
10.02.05 13.11 of the Collier County Land Development Code.
OBJECTIVE:
To approve an extension for the completion of subdivision improvements associated with the
Isla Del Sol at Fiddler's Creek subdivision.
CONSIDERATIONS:
On September 28, 1999, the Board of County Commissioners approved the final plat of Isla
Del Sol at Fiddler's Creek for recording. The Land Development Code requires that upon
approval by the Board of County Commissioners a plat must be recorded within 18 months
and the associated subdivision improvements must be completed within 36 months unless an
extension is formally requested and granted by the Land Development Services Department.
On March 15, 2000, the final plat for Isla Del Sol at Fiddler's Creek was recorded at Plat Book
34, Pages 5 through 7 of the Public Records of Collier County, Florida.
On February 1, 2001, the Land Development Services Department granted preliminary
acceptance of the required subdivision improvements.
On August 25, 2003, the developer requested and was granted a one year extension for
completion of the improvements.
Since the housing industry has been in a down turn, the developer has failed to request
extension approvals since 2004. Had the extension requests been submitted, then the
approval of the requests would have been perfunctory. Collier County has now received a
request for two additional one year extensions from August 25, 2012 through August 25,
2014. The developer would pay the required back fees totaling $1,500.00 for ten years.
There is currently a Performance Bond in place to guaranty the completion of the required
subdivision improvements. Seventeen of the thirty -four Lots in the subdivision are complete
and occupied.
There are currently over 200 subdivision and Site Development Plan approvals where the
developer has requested and received extension approvals.
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: $1,500.00 Extension Fees / if
approved to proceed.
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4/24/2012 Item 16.A.6.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved this Executive Summary for legal
sufficiency. This item requires a majority vote. This item is ready for Board consideration and
approval. STW
RECOMMENDATIONS:
1. Authorize Land Development Services to approve the extensions for this subdivision so
that the developer may be in compliance with the requirements of the Land Development
Code.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Land Development
Services /Engineering Review, Growth Management Division, Planning and Regulation
Attachments: 1) Location Map 2) Construction and Maintenance Agreement
3) Performance Bond
Packet Page -578-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6.
4/24/2012 Item 16.A.6.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve an extension for completion of subdivision improvements
associated with the Isla Del Sol at Fiddler's Creek subdivision pursuant to Section 10.02.05 B.11
of the Collier County Land Development Code.
Meeting Date: 4/24/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Semor,Engineering & Environm
3/27/2012 6:58:39 AM
Approved By
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 3/27/2012 11:20:23 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/27/2012 11:46:35 AM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 3/30/2012 9:00:37 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 4/11/2012 9:10:29 AM
Name: MarcellaJeanne
Title: Executive SecretaryTransportation Planning
Date: 4/11/2012 12:46:13 PM
Name: WilliamsSteven
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4/24/2012 Item 16.A.6.
Title: Assistant County Attorney,County Attorney
Date: 4/12/2012 4:13:11 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/13/2012 12:03:10 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/17/2012 9:45:18 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/17/2012 10:10:38 AM
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4/24/2012 Item 16.A.6.
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4/24/2012 Item 16.A.6.
16 A4
Document Prepared By:
Mark Woodward, Esquire
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, FL 34108
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEME PRIOR TO RECORDING OF PLAT AGREEMENT entered into this _
day of 1999 between 951 Land Holdings Joint Venture hereinafter
referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "The Board ".
f��sllMt��
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
0i MT-11114-11111140-15-1
2. Division 3.2 of the Collier County Land Development Code allows the Developerto 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 convenient and agree as follows:
Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and
irrigation improvements within 36 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 of in the amount of 5512,110.50 which amount
represents I05/o of the total contract cost to complete construction plus 100% of the
estimate cost of to complete the required improvements at the date of this Agreement.
In the event of default by the Developer or failure of the Developer to complete such
improvement within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
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4/24/2012 Item 16.A.6.
16A4 J- �-) LJ
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 Development Services Director for
compliance with the Collier County Land Development Code.
The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in wiring of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the Developer Services Director 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 Development Services Director. After the oneyear
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director inspect the improvements. The Development Services
Director or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval
by the Board, the Board shall release the 10% subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed.
Each request for the reduction in the dollar amount of the subdivision performance
securityshall be accompanied by a statement ofsubstantial completion by the Developer's
engineer together with the project records necessary for review by the Development
Services Director. The Development Services Director may grant the request for a
reduction in the amount of the subdivision perfortrumce security for the improvements
completed as of the date of the request.
S. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator 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, orcause to be constructed and 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
indemnifythe Board, upon completion of construction, the final cost to the Board thereof,
including but not Iimited to, engineering, legal and contingent costs, together with any
Packet Page -583-
Q
4/24/2012 Item 16.A.6.
16A4 4""69#*
damages, either direct or consequential, which the Board may sustain on account of the
failure of the Developer to carry out all of the provisions of the Agreement.
All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this aL day of —'Sp A�Orjnky,,—J 1999,
Signed. Sealed and Delivered
in the presence of:
Zzi
r-- �A+-
(Printed or Typed Name)
A . (d r1 cK i
(Printed or Typed Name)
Atteit:
':.Dwight E.. Brock, Clerk
: to Cha 1 man' i
on1 j.
Droved as to form and legal sufficiency.
David C. Weigel
Collier County Attorney
n"""
951 Land Holdings Joint Venture
BY: Gulf B y 100, LTD
By I eneral Partner
Gu 10
BY: V
Aubrey Ferrao President
BY: Parcel Inc.
BY: C.
I. lCarthy, Presi nt
Board of County Commissioners
of Collier Co ty, Florida ,
BY:
Pamela S. Mac'Kie,
Chairperson
Packet Page -584-
4/24/2012 Item 16.A.6.
16A4 �
(Iola d*l Sol)
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that Bond 0350000se
951 LAND HOLDINGS JOINT VENTURE,
a Florida general partnership
4WI Tamiami Trail North. Suite 350
Naples, FL 34103
(hereinafterreferred to as "Owner') and
GREENWICH MSURANCE COMPANY
160 Water St. 16th F1.
Now York, Y 0
(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 Five Hundred Twelve Thousand One Hundred Ten and 501100 Dollars
(S512,1 10.50) in lawful money of the United States, for the payment of which sum well and truly
to be made, we hind ourselves, cur 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 Isla del Sol Village and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land DevelopmentRegulations'7. This obligation ofthe 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 Owncr 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 maysuffer by reason
of Owner's failure to do so, and shalt 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 agras 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 hind the
Ownerand theSuretyto the full and faithful performance in accordance with the Land Development
Regulations. The tent "Amendment," whenever used in this Bond, and whether referring to this
Bond, or other documents shall include any alleralion, addition or modification of any character
whatsoever.
gtMr.t- A
I Page 1 of t
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4/24/2012 Item 16.A.6.
IN WITNESS WHEREOF, the panics hffeto bqvc caused this PERFORMANCE BOND to be
executed this day of .,19')9.
PRINCIPAL: 6 A4
WITNESSES:
It) n1t L
W-N._ D. Saltazes
A,y K. Mitsui
1 / ; 40
9SI LANDHOLDINGS JOINT
VENTURE, a Florida general partnership
By: GULF BAY 100, LTD, a Florida
Limited Panncrship, a Panncr
By: GULF BAY 100, Inc., a Florida
Corporation, its Gcncral Partner, on
behalrortlte partnership and itself
By: 4.1� 4 �
Aubrcy . Ferrao. President and
not in rvidually
By: PARCEL Z. INC., a Florida
corporation. a panner
By: —0. t@a�-
J. M rthy, as Preside t and not
indlvh4bafly
SURETY:
GREENWICH INSURANCE
COMPANY
Name: Scott Adams
Title: Attorney -in -Fact
Dated: /
f/ 7 / 'q-Y ____
A
Page 2 orlF
Packet Page -586-
tl':9
STATE OF FLORIDA
COUNTY OF COLLIER 16 A4
4/24/2012 Item 16.A.6.
The foregoing instrument was acknowledged before this day of ��--
1999, by Aubrey J.Feriao, President or GULF BAY too, Inc. , a Florida'eorporation, general
partner of Gulf gay 100, Ltd., a partner of 951 Land Holdings Joint Ventura.
partnership. he is personalty known to me and did not take an oath.
I
ame:
MOfAry 01AMC^,a� rtoaa Notary Public
00� •eeat.ar. Commission No.
9CevCA'"" *" r" My Commission Expires:
(SEAL)
STATE OF NEW YORK
COUNTY OF NEW YORK .�
The foregoing instrument was acknowledge before this Z day of St 1999, by
1. McCarthy, President of PARCEL INC., on behalf of the corporation., a
partner of 951 Land Holdings Joint Venture,
identification and did not lake an oath.
STATE OF NEW YORK
COUNTY OF NEW YORK
On this -_ day of S3ftL ,1999, before me personally came SCOTT
ADAMS, who is known to me, or who has produced a driver's license (N '11 Moyir'107 60 t
as identification, who being duly sworn by me did depose and say that he resides in /tr6�Owrlrt
X)7\— , that he is Attomey -in -Fact of Greenwich Insurance Company, the corporation
described in and which executed this instrument; that he knows theses[ of said corporation; that the
sea) affixed to said instrument is such corporate seal; that it was so affixed by order of the Board cr
Directors of said corporation; and that the liabilities of said Company do not exceed its asset! and
ascertained in Inc manner provided in Section 183 of the insurance
of the Consolidated Laws of the State of New York.
F:IUSERS%WANDA%F1 DDLE RSUSLAV ERFORI.t.a ND
Notary Public:
9xh,t.,r A
Page 3 of
Packet Page -587-
ti410'
�1Tln''1 r►'lG� .._
dOW1 A. UARAIA
Pri : Name:
b io o .State of ft v Y'd
r
Notary Public
Oujim.d In w.sicromer Go,.er
comoissien Eapina Jun. 20. 2000
Commission No.
My Commission Expires:
(SEAL)
STATE OF NEW YORK
COUNTY OF NEW YORK
On this -_ day of S3ftL ,1999, before me personally came SCOTT
ADAMS, who is known to me, or who has produced a driver's license (N '11 Moyir'107 60 t
as identification, who being duly sworn by me did depose and say that he resides in /tr6�Owrlrt
X)7\— , that he is Attomey -in -Fact of Greenwich Insurance Company, the corporation
described in and which executed this instrument; that he knows theses[ of said corporation; that the
sea) affixed to said instrument is such corporate seal; that it was so affixed by order of the Board cr
Directors of said corporation; and that the liabilities of said Company do not exceed its asset! and
ascertained in Inc manner provided in Section 183 of the insurance
of the Consolidated Laws of the State of New York.
F:IUSERS%WANDA%F1 DDLE RSUSLAV ERFORI.t.a ND
Notary Public:
9xh,t.,r A
Page 3 of
Packet Page -587-
ti410'
4/24/2012 Item 16.A.6.
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Packet Page -588-
L Jam B. Wong. Vin President and Compiler of Gre•nwkh Insurance Company. (IM 'Corporsnon7 do
ttareby cetfNy Met so the best of my tnowtadye end belief. the forepohp Is a AA and trine Statulory Slalement
dAdmitted Assets, Liabilities. Capital and Surplus of the Coryorallon, as of Dscernbr 3 t, IM, prepared in
emillor Ay weh seeourdnp predWa prescribed or permMed by the Insurance DepMmsnl of the Slate of
Callerrtia. The forapoirtp euternt•rtt sttouio not be taken as a compete slatemerN of fM1aflUal CarWitlen of sets
Corporation. Such a slslemant Is avellable %von written lowest at the Corporation's prindpal of s located
at Oro Gnenwkh Rua. Greenwich, Connecticut 06636.
IN WITNESS WHEREOF, 1 he" hereunto a* my hand and affued the seal of the Corporation at Greenwich.
con"IsGlcui.
J
Vice aki" a C r
Packet Page -589-
4/24/2012 Item 16.A.6.
16A4
GREENWICH WSUMRCE COMPANY
STATUTORY STATEMENT OF ADMITTED ASSETS,
LIAWLRIES, CAPITAL AND SURPLUS
December 31, 1990
Assets:
L1ablillbr.
YNeatmerlta
loss and loss
adluslmeolexpenses
$11,043,765
Bonds
$32,520,045
Sltflrt4WM WfeeabllerNS
100,000
Unearned premiums
7,602,025
Funds held under
reinsurance reallss
1.903.321
OtherbabiNrs
4,461.522
Total Nested Assets
32.620,945
Total Liabilities
25.010,639
Cash
10,243,734
Capital and Surplus:
AM* balances or
Capital stork
3.556,100
W=g3cW pre•tare
1,033,936
Furls held by or depaskr_'
Paid-in surplus
21, 915.653
va teftunit" Whordas
3,616,36/
Rwrtrwm recover" on lest
Unsailowd surplus
722.066
and toss sq. expense payments
1.5a2,134
Accrued Wrest and dbldends
716,029
Total Capital and Surplus
25,196.019
Odw adminad suers
1,366,463
Toles UWlitles,
Total Admitted Assets
$S1i,652
Capital and Surplus
$5662
L Jam B. Wong. Vin President and Compiler of Gre•nwkh Insurance Company. (IM 'Corporsnon7 do
ttareby cetfNy Met so the best of my tnowtadye end belief. the forepohp Is a AA and trine Statulory Slalement
dAdmitted Assets, Liabilities. Capital and Surplus of the Coryorallon, as of Dscernbr 3 t, IM, prepared in
emillor Ay weh seeourdnp predWa prescribed or permMed by the Insurance DepMmsnl of the Slate of
Callerrtia. The forapoirtp euternt•rtt sttouio not be taken as a compete slatemerN of fM1aflUal CarWitlen of sets
Corporation. Such a slslemant Is avellable %von written lowest at the Corporation's prindpal of s located
at Oro Gnenwkh Rua. Greenwich, Connecticut 06636.
IN WITNESS WHEREOF, 1 he" hereunto a* my hand and affued the seal of the Corporation at Greenwich.
con"IsGlcui.
J
Vice aki" a C r
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4/24/2012 Item 16.A.6.
16A4