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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. Packet Page -577- 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 Packet Page -579- 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 Packet Page -580- i-M Ip No (n M M 4/24/2012 Item 16.A.6. Dnr-L-pf Dngp -rQl .5, JW. 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. Packet Page -582- 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 a� Packet Page -585- 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. ` GREENWICH INSURANCE COMPANY ` ' POWER OF ATTORNEY 11 �' mfa ill b�'lit9etenente: w GREEMYCH eLSU1UtNCE coYFalftf, catkrrda v ti nr hap carmwa rd and y dm nsabs• caa9eAa and Wif n"' 'C«vaweon'►• .ar oieon 9f ono ono«dcn Nwn mop�Yrfi; 'i o SCOtt Adams, Charles P. 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Ntdoi'rot 1 11WIMF,, I Jim Nruma« myandS owsewbwoarpo rws Wft .:.7th ........ ISO a... :$6ptemb @= `K«gsdU Wl H b t F' (� 'Kara��V�h!Tvtbd'tte �t�r•� • ..ti-, ' � ;,:�'.�. 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 Packet Page -589- 4/24/2012 Item 16.A.6. 16A4