Agenda 11/10/2020 Item #16A 3 (Resolution - Final acceptance)16.A.3
11/10/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of StoneCreek - Plat Two, Application Number PL20160000810,
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 March 29, 2018, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in StoneCreek - Plat Two.
2) The roadway and drainage improvements will be maintained by StoneCreek Property Owners
Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on October 5,
2020, and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared by staff 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 the StoneCreek
Property Owners Association. The existing security in the amount of $482,901.40 will be released upon
Board approval. The original security in the amount of $3,556,988.60 has been reduced to the current
amount of $482,901.40 based on the previous work performed and completed pursuant to the terms of the
Construction and Maintenance Agreement dated December 13, 2016.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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
StoneCreek - Plat Two, Application Number PL20160000810, 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
ATTACHMENT(S)
1. Location Map (PDF)
2. Resolution (PDF)
3. Bond Basis (PDF)
4. Plat Map (PDF)
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16.A.3
11/10/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doe ID: 13810
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of StoneCreek — Plat Two, Application Number
PL20160000810, and authorize the release of the maintenance security.
Meeting Date: 11/10/2020
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
10/06/2020 9:07 AM
Submitted by:
Title: Director — Growth Management Department
Name: Matthew McLean
10/06/2020 9:07 AM
Approved By:
Review:
Growth Management Development Review
Brett Rosenblum
Growth Management Development Review
Chris Scott
Growth Management Department
Judy Puig
Level 1 Reviewer
Growth Management Operations & Regulatory Management Rose Burke
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Matthew McLean
Additional Reviewer
Growth Management Department
Thaddeus Cohen
Department Head Review
Growth Management Department
James C French
Deputy Department Head Review
County Attorney's Office
Derek Perry
Level 2 Attorney Review
Office of Management and Budget
Laura Wells
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Additional Reviewer Completed
Additional Reviewer Completed
Completed
10/07/2020 8:39 AM
Additional Reviewer Completed
Completed
10/12/2020 10:30 AM
Completed
10/12/2020 10:45 AM
Completed
10/12/2020 1:20 PM
Completed
10/12/2020 4:42 PM
Completed
10/15/2020 2:23 PM
Completed
10/15/2020 4:21 PM
Completed
10/16/2020 11:30 AM
Completed
10/16/2020 2:19 PM
Completed
11/02/2020 9:52 AM
11/10/2020 9:00 AM
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STONECREEK - PLAT TWO
LEE COUN rY
COLLIER COUNTY
4
3
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SUBJECT j
QUAIL WEST
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10
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QUAIL CREEK
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LOCATION MAP
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16.A.3. b
RESOLUTION NO.20-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF CERTAIN ROADWAY AND
DRAINAGE IMPROVEMENTS IN
STONECREEK — PLAT TWO, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT
BOOK 62, PAGES 5 THROUGH 12, AND
RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 13, 2016, approved the plat of StoneCreek — Plat Two 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 M
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in StoneCreek — Plat Two, o
pursuant to the plat thereof recorded in Plat Book 62, pages 5 through 12, and the Clerk is
hereby authorized to release the maintenance security.
as
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage c
improvements within StoneCreek — Plat Two will be maintained privately in the future E
and will not be the responsibility of Collier County.
�a
a
Page 1 of 2
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16.A.3.b
This Resolution adopted after motion, second and majority vote favoring same,
this day of , 2020.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry �p
Assistant County Attorney
O�V
Burt L. Saunders, Chairman
Page 2 of 2
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16.A.3.c
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDIVISION IMPROVEMENTS entered into this il- 'r"'y day of 17�,: C, , 20�0
between Parklands Associates I, LLLP., a Florida limited liability company, hereinafter
referred to as "Developer," and the Board of County Commissioners of Collier County,
Florida, hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement,
applied for the approval by the board of a certain plat of a subdivision to be known as:
StoneCreek Plat Two.
B. Chapters 4 and 10 of the Collier County Land Development code requires
the Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby covenant and
agree as follows:
1. Developer will cause to be constructed water, sewer, paving and drainage
improvements within 12 months from the date of approval said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $3,556,988.60 which
amount represents 10% 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.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Land Development Code.
Packet Pg. 903
16.A.3.c
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the County Manager's approval of the
improvements. However, in no event shall the County Manager or his designee refuse
preliminary approval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the County Manager or his designee. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the County Manager or his designee to inspect the required improvements. The County
Manager or his designee shall inspect the required improvements and, if found to be still
in compliance with the Collier County Land Development Code as reflected by final
approval by the Board, the Board shall release the remaining 10% of the subdivision
performance security. The Developer's responsibility for maintenance of the required
improvements shall continue unless or until the Board accepts maintenance responsibility
for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the County Manager or his designee to
reduce the dollar amount of the subdivision performance security on the basis of work
complete. Each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
County Manager or his designee. The County Manager or his designee may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may
call upon the subdivision performance security to secure satisfactory completion, repair
and maintenance of the required improvements. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay
and to indemnify the Board, upon completion of such construction, the final total cost to
the Board thereof, including, but not limited to, engineering, legal and contingent costs,
together with any damages, either direct or consequential, which the Board may sustain
on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
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16.A.3.c
IN WITNESS WHEREOF, the Board and the Developer have c,ued this
Agreement to be executed by their duly authorized representatives this I day of
C--C.* , 20_L6
SIGNED IN THE PRESENCE OF:
Printed name: 1 "1
Printed nab:
CvlfTy
DWIGI- V-tR
CLE
as to Chairman's
to f tYffiA*al :
F,W 1-5}r>nSt,
stant County Attorney
PARKLANDS ASSOCIATES I, LLLP.
By: W
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Name: W%%&4A -, m.
Title: Ditty of tl7 bfjgA&PMK'JT
BOA OF CO TY COMMISSIONERS
OF LIER CO T FLORIDA
By:
T
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Packet Pg. 905
16.A.3.c
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Parklands Associates I, LLLP
1600 Sawgrass Corporate Parkway, 4`h Floor
Sunrise, FL 33323
(hereinafter referred to as "Owner") and
IRONSHORE INDEMNITY, INC.
9850 NW 41" Street, Suite 100
Miami, FL 33178
Bond No. SUR811000024
(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 Three Million Five Hundred Fifty Six Thousand Nine Hundred Eighty
Eight and 60/100 Dollars ($3,556,988.60) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named StoneCreek Plat Two PL20160000810 and that certain subdivision shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall
continue until the date of final acceptance by the Board of County Commissioners of the specific improvements
described in the Land Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy
all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8th day of
November, 2016.
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16.A.3.c
Owner
Parklands Associates I, LLLP by:
Parklands Genpar Corporation, its General Partner
oe(Corporate Seal)
Bram`-
N. M is eneri`dez,—*i6e Pres`t
State of Florida
County of Broward
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared N. Maria Menendez, Vice President of Parklands Genpar Corporation, to me known to be described
in and who executed the foregoing instrument and acknowledged to and before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid this 8th day of November, 2016.
CAROLYN C TORRISI
Notary lic, State of Florida
MY COMMISSION #FF177184
yA or
'••'.,ad?:' EXPIRES January 3, 2019
(407) 39"153 FloridallotaryServlce.com
My commission expires
Surety
Attest: Ironshore Indemnity, Inc.
ECorporate Seal)
As Per Attached Power of Attorne
Y BY fL �`
ti / K2 � _
Da�0
le A. Belis, Attorney -In -Fact and Florida Resident Agent ^
State of Florida
County of Miami -Dade
Before me this day personally appeared D.A. Belis, Attorney -In -Fact for Ironshore Indemnity Inc., who, being
duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and accuracy of the
statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 8th day of November, 2016.
o ary Pu lic, State of Florida
j"Ov � , N. Elif Asian
COMMISSION OFF901095
My commission expires EXPIRES: August 30, 20t9
'�R ��. WWW. ON OTARY.COM
Packet Pg. 907
POWER OF ATTORNEY
III- SUR81100024
Ironshore Indemnity Inc.
KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does
hereby constitute and appoint: Dale A. Belis its true and lawful Attorneys) -in -Fact to make, execute, seal and deliver for, and on its behalf as surety and
and 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 IRONSHORE INDEMNITY INC. on the
22" d day of April, 2013 as follows:
Resolved, that the Director 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 bond not to exceed $10,000,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the Secretary, 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 of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this
7ch day of August, 2013
IRONSHORE INDEMNITY INC.
SEAS
y1919 "—
By.
Dart a L. Sus n
Director
ACKNOWLEDGEMENT
On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the
Director of Ironshore Indemnity, Inc. , 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.
-1 TAYLOR
Notery DbI-SIMofTmnes
ea A— county
";_�,p My Commis9ion Explrn of-Cbf9
BY 44 EN�
Amy aylor
NotarV Public
CERTIFICATE
I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota 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 this Bth Day of November 20 16
SEAL"
1919
1919
Paul S. Gi clan
Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent
insurance act, which is a crime and subjects such person to criminal and civil penalties."
Packet Pg. 908
16.A.3.c
StoneCreek Plat Two
111412016
Category
Item
Units
Amount
Unit Price
Total
Water
8" PVC DR-14 Water Main w/Fittin s
440
LF
$25.00
S11,000.00
8" PVC DR-18 Water Main wlFittin s
12,076
LF
$22.00
$265,672.00
10" PVC DR-18 Water Main w/Fittin s
168
LF
$32,00
$5,376-00
8" Gate Valve
28
EA
$1,320 00
$36,960.00
Single Water Service
57
EA
$825.00
$47,025.00
Double Water Service
137
EA
$900A0
$123,300 00
Fire Hydrant w16" Gate Valve
28
EA
$4,000.00
$112,000.00
Connection to Exist. Main
3
EA
$2,500.00
$7,500.00
Permanent Sampling Station
1
EA
$1,350.00
$1,350.00
Sub -total
$610,183.00
Sewer
8" PVC 0'-6' Cut
3,122
LF
$18.00
$56,196.00
8" PVC 6'-8' Cut
2,885
LF
$22,00
$63,470.00
8" PVC 8'-10' Cut
2,601
LF
$27.00
$70,227.00
8" PVC 10'-12' Cut
1,399
LF
S33.00
$46.167.00
8" PVC 12'-14' Cut
923
LF
$40.00
$36,920.00
8" PVC 14'-16' Cut
183
LF
$60.00
$10,980-00
Manhote 0'-6' Dee
16
EA
$5,000.00
$80,000.00
Manhoie 6'-8' Dee
13
EA
$6,000.00
$78,000.00
Manhote 8'-10' Dee
11
EA
$7,000.00
$77,000,00
Manhole 10'-12' Dee
5
EA
$8,000.00
$40,000.00
Manhole 12'-14' Dee
5
EA
$9,000.00
$45,000.00
6" Sin le Sewer Service Lateral
55
LF
$765.00
$42,075.00
6" Double Sewer Service Lateral
138
LF
$860.00
$118,680.00
Sub -total
$764,715.00
Drainage
15" RCP
602
LF
$27.00
$16,254.00
18" RCP
1,499
LF
$35.00
$62,465.00
24" RCP
2,684
LF
$45.00
$120,780,00
36" RGP
2,940
LF
$70.00
$205.800.00
15" Flared -end Section
1
EA
$1,190.00
$1.190.00
18" Flared -end Section
7
EA
$1,390.00
$9,730.00
24" Flared -end Section
13
EA
$1,450.00
$18,850.00
36" Flared -end Section
16
EA
$2,000.00
$32,000.00
Vafley Gutter Inlet
59
EA
$3,500.00
$206,500.00
Junction Box
2
EA
$3,190,00
$6,380.00
Spreader Swale Inlet
1
EA
$2,460.00
$2,460.00
Water Control Structure
1
EA
$8,500,00
$8,500.00
Erosion Control
1
EA
$7,500.00
$7,500.00
Sub -total
$688,409.00
Paving
1" S-III AC First Lift
29,910
SY
$5.12
$153,139,20
3/4" S-III AC Second Lift
29,910
SY
$4.68
$139,978.80
6" Limerock Base
29,910
SY
$7.75
$231,802.50
12" Stabilized Subgrade
36,873
SY
$2.00
$73,746.00
2' Valle Gutter
24,210
LF
$9.50
$229.995.00
3'Vailey Gutter
210
LF
$26 50
$5,565.00
Type 'F'Curb and Gutter
540
LF
$12,50
$6,750.00
5' Concrete Sidewalk
17,510
SF
$3 25
$56,907.50
Pavement Markings & Si na e
1
LS
$19,560.00
$19,560.00
Handicap Rams
250
SF
$27.50
$6,875.00
Gravel Construction Entrances
3
EA
$275.00
$825.00
Sub -total
$924,319 00
Landsca in 1
Irrigation
Common & RAN - Landsca ellrri .
235,000
SF
$0.25
$58,750.00
Lake Bank - Sod/Irrigation
235,000
SF
$0.35
$82,250.00
Sub -total
$141,000.00
Street Lights
Cobra Head Street Lights FPL
2
EA
$3,000.00
$6,000. 00
Traditional Street Lights FPL
66
EA
$1,500.90
$99.000.00
Sub -total
$105,000.00
IL
.r
Q
Total $ 3,233,626.00
Bond Amount = Total x 110% $ 3,556,988.60
16.A.3.c
QBE INSURANCE CORPORATION
GENERAL PURPOSE SURETY RIDER
To be attached to and form a part of Bond No. SUR81100024 effective November 8, 2016
issued by Ironshore Indemnity, Inc., as Surety on behalf of Parklands Associates 1, LLLP, as
Principal, in favor of the Collier County, as Obligee for the bond identified as StoneCreek Plat
Two PL 20160000810.
Now Therefore, it is agreed that the subject bond shall be amended as follows:
Effective the 8th day of November, 2017 the Surety Company and the Bond No. shall be
amended as follows:
From: Ironshore Indemnity, Inc., Bond No.: SUR81100024, Assignor
To: QBE Insurance Corporation, Bond No.: BND21577358, Assignee
As of the effective date of this rider, QBE Insurance Corporation assumes the liability of
Ironshore Indemnity, Inc., and Ironshore Indemnity Inc., is hereby released of any further
obligations of this bond.
Except as modified herein, said Bond shall be and remain in full force and effect.
IN WITNESS WHEREOF the Principal and Assignor Surety and Assignee Surety have
executed these presents this 51h day of September, 2017.
Parklands Associates 1, LLLP
By: Parklands Genpar Corporation, Its
General Partner
By:
STATE OF FLORIDA
COUNTY OF BROWARD
FAZWOMFOMEW
Before me personally appeared, N. Maria Menendez, to me well known and known to me to be
the person described in and who executed the foregoing instrument, and acknowledged to and
before me that she executed said instrument for the purpose there expressed.
Witness my hand and official seal, this 5th day of September, 2017.
E
"`, CAROL" C TORRISI
My COMMISS10N #FF1771&4
EXPIRES January 3, 2019
g-0153F10[idEfiotB Se
r4 ce.com
Notary Public
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16.A.3.c
Ironshore Indemnity, Inc.
nor Surety)
By:
Dale A.. elis, Attorney -In -Fact
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
QBE surance Cor Lion r
" qe-Surety)
kj
By
Dale A. Belis, Attorney-Irt-tact 77
I hereby certify that on this day, before me, an officer duly qualified to take acknowledgments,
personally appeared, Dale A. Belis, Attorney -In -Fact of Ironshore Indemnity, Inc., as Assignor
and QBE Insurance Corporation, as Assignee, to me known to be described in and who
executed the foregoing Rider and acknowledged before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid, this 5th day of
September, 2017.
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Notary Public
Packet Pg. 911
16.A.3.c
POWER OF ATTORNEY
III- SUR81100024
Ironshore Indemnity Inc.
KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does
hereby constitute and appoint: Dale A. Belis its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety and
and 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 IRONSHORE INDEMNITY INC. on the
22"d day of April, 2013 as follows:
Resolved, that the Director 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 bond not to exceed $10,000,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the Secretary, 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 of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this
7th day of August, 2013
r o�pogq�.i
' ( SEAL
L,1919
"h? 01
IRONSHORE INDEMNITY INC.
ACKNOWLEDGEMENT
On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the
Director of Ironshore Indemnity, Inc. , 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.
CERTIFICATE
I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota 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 this 5th Day of September 20 17
y opvUq� .
' SElL
7919
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim
containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent
insurance act, which is a crime and subjects such person to criminal and civil penalties."
Packet Pg. 912
16.A.3.c
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BLUE BORDER
QBE. POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS, that QBE Insurance Corporation (the "Company'), a corporation duly organized and
existing under the laws of the State of Pennsylvania, having its principal office at 88 Pine Street, New York, NY 10005. has made.
constituted and appointed, and does by these presents make. constitute and appoint Date A. Belis of Marsh & McLennan Agency,
LLC of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal,
acknowledge and deliver any and all bonds and undertakings, with the exception of financial guaranty Insurance, to the same extent
as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in
their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York,
without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following resolutions, which
were duly and validly adopted at a meeting of the Board of Directors of the Company with effect from June 30. 2014
RESOLVED, that the Chief Executive Officer, any President. any Executive Vice President, any Senior Vice President, any
Vice President, the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys -
in -Fact and agents to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of
suretyship. or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of
their authority; and to revoke any such appointment at any time,
FURTHER RESOLVED. that any bond recognizance, contract of indemnity, or writing obligatory in the nature of a bond,
recognizance, or con6tional undertaking will be valid and binding upon the Company when (a) signed by any of the aforesaid
authorized officers, or (b) duly executed (under seal, it required) by one or more Attorneys -in -Fact and agents pursuant to the
power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written
delegation of authority, and
FURTHER RESOLVED.. that the signature of any authorized officer and the seat of the Company may be drawn on or affixed
by tacsirnile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution
and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and
seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for
the purposes herein stated the facsimile or electronically reproduced signature of any person or persons who shall have been
such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such
instruments shall be issued
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this December 21. 2016
(Seal)
STATE OF FLOWDA
Attest
By: —
Brett Halsey
Senior Vice President
COUNTY OF SEMINOLE
)SS
}
QBE INSURANCE CORPORATION
B y : `' `A3i
Matt uurran
Senior Vice President
On this December 21, 2016. before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice
Presidents of QBE Insurance Corporation. and that each. as such, being authorized to do, execute the foregoing instrument for the
purposes therein contained by signing on behalf of the corporation y each as a duly authorized officer.
LISA M PARENT
NOTARY PUBLIC - STATE pF FLORIOA By; too
cOMMISbION#r FF104252 isa M Parent, Notary Public
EXPIRES 5/16/2018
RONDFD T*UiU 1-M-NOT060'rt
CERTIFICATE
I, Jose Ramon Gonzalez, Jr , the undersigned, Corporate Secretary of QBE Insurance Corporation do hereby certify that the foregoing
is a true, correct and complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or rescinded
and that the authority of the Attorney -in -Fact set forth herein, who executed the bond or undertaking tG which this Power of Attorney is
attached, is in full force and effect as of this date
Given under my hand and seal of the Company, this 1206'- day of v�i t`- � _ 207
(Seal)
By: I.: R . /1
Jose Ramon Gonzalez. Jlr . Corporate .9eacretary
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Packet Pg. 913
16.A.3.c
Co Ter COU ty
Growth Management Department
Development Review Division
February 5, 2018
Ironshore Indemnity, Inc.
9850 NW 41 st St., Ste. 100
Miami, FL 33178
RE: Performance Bond No. SUR811000024 / Parklands Associates I, LLLP
Stonecreek Plat Two, our project reference PL20160000810
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $3,074,087.20, leaving an available surety of
$482,901.40. The remaining surety represents $159,538.80 in uncompleted improvements, plus
the 10% maintenance security of $323362.60.
An original Bond Rider should be submitted to this office reducing the value of the security, "all
other terms and conditions of the 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.
Sincerely,
JOHN HUgLDSWORYN
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Craig Callis, Parklands Associates
Development Review Mion • 2800 North Horseshoe Dmre • Naples, Florida 34104. 239-252-2400 • www.coliergovnet
Packet Pg. 914
16.A.3.c
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number BND21577358 effective November 8, 2016
issued by the QBE Insurance Corporation. in the amount of Three Million Five Hundred Fifty
Six Thousand Nine Hundred Eighty Nine and 00/100 Dollars ($3,556,989.00) Dollars, on
behalf of Parklands Associates I, LLLP as Principal and in favor of Collier County, Florida as
Obligee:
Now Therefore, it is agreed that:
The Penal Sum of the Bond shall be decreased as follows:
Bond Increased from: Three Million Five Hundred Fifty Six Thousand Nine Hundred
Eighty Nine and 00/100 Dollars ($3,556,989.00)
Bond Increased to: Four Hundred Eighty Two Thousand Nine Hundred One and
40/100 Dollars ($482,901.40)
It is further understood and agreed that all other terms and conditions of this bond shall
remain unchanged.
This rider is to be effective the 5th day of February, 2018.
Signed, sealed and dated this 13th day of February, 2018.
Parklands Associates I, LLLP
By: Parklands Genpar Corporation, its
General Partner
(Principal)
BY� dY1C1
N. M a Mene z, Vic Pre dent
Accepted by:
QBE Insurance Corporation
(Surety)
By: Q_
Dale A. Belis Attflrney-In-Fact
Packet Pg. 915
16.A.3.c
WARNING' THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BLUE BORDER
QBE
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS, that QBE insurance Corporation (the "Company'), a corporation duly organized and
existing under the laws of the State of Pennsylvania, having its principal office at 55 Water Street 200' Floor, New York, NY 10041, has
made, constituted and appointed, and does by these presents make, constitute and appoint Dale A. Bells of Marsh & McLennan
Agency, LLC of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute,
seal, acknowledge and deliver any and all bonds and undertakings, with the exception of financial guaranty insurance, to the same
extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal
office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York,
without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following re5olutions, which
were duly and validly adopted at a meeting of the Board of Directors of the Company with effect from June 30, 2014:
RESOLVED, that the Chief Executive Officer, any President, any Executive Vice President, any Senior Vice President, any
Vice President, the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys -
in -Fact and agents to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of
suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of
their authority; and to revoke any such appointment at any time;
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond,
recognizance, or conditional undertaking will be valid and binding upon the Company when (a) signed by any of the aforesaid
authorized officers; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and agents pursuant to the
power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written
delegation of authority; and
FURTHER RESOLVED, that the signature of any authorized officer and the seat of the Company may be drawn on or affixed
by facsimile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution
and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and
seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for
the purposes herein stated the facsimile or electronically reproduced signature of any person or persons who shall have been
such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such
instruments shall be issued.
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this December 15, 2017.
Attest: �Q QBE INSURANCE CORPORATION
(Seal) By: LJ - ^ y By:
Brett Halsey Matt Curran
Senior Vice President Senior Vice President
STATE OF NEW YORK )
)SS:
COUNTY OF NEW YORK )
On this December 15, 2017, before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice
Presidents of QBE Insurance Corporation, and that each, as such, being authorized to do, execute the foregoing instrument for the
purposes therein contained by signing on behalf of the corporation by each as a duly authorized officer.
HarprW Kaur Mann . By
Notitty Public, State of New York - --
Na 02MA6335099 Harpre our Mann, Notary Public
QuatiSed is New York County
Commmion Expirm Dmmber28,2019 CERTIFICATE
I, Jose Ramon Gonzalez, Jr., the undersigned, Corporate Secretary of QBE Insurance Corporation -do hereby certify that the foregoing
is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney tta3 not been revoked or rescinded
and that the authority of the Attorney -in -Fact set forth herein, who executed the bond or undertaking to which this Power of Attorney is
attached, is in full force and effect as of this date. _
Given under my hand and seal of the Company, this i3k day of
(Seal)
•^�
By:
Jose Ramon Gonzalez, Jr., Corporate Secretary
Packet Pg. 916
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