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Agenda 02/09/2021 Item #16A 2 (Resolution - Final Acceptance Coral Harbor Phase II)02/09/2021 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Coral Harbor, Phase II, Application Number PL20160001577, 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 authorize the release the maintenance security. CONSIDERATIONS: 1) On May 23, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Coral Harbor, Phase II. 2) The roadway and drainage improvements will be maintained by the Naples Reserve Homeowners Association, and the Naples Reserve Community Development District. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on December 29, 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 resolution is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Naples Reserve Homeowners Association, and the Naples Reserve Community Development District. The existing security in the amount of $185,216.96 will be released upon Boar d approval. The original security in the amount of $971,225.26 has been reduced to the current amount based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated September 26, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Coral Harbor, Phase II, Application Number PL20160001577, 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. Bond Basis (PDF) 3. Plat Map (PDF) 4. Resolution (PDF) 16.A.2 Packet Pg. 331 02/09/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 14638 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Coral Harbor, Phase II, Application Number PL20160001577, and authorize the release of the maintenance security. Meeting Date: 02/09/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 01/04/2021 10:46 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 01/04/2021 10:46 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/06/2021 7:52 AM Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/07/2021 11:40 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/07/2021 6:29 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/11/2021 10:52 AM Growth Management Department Matthew McLean Additional Reviewer Completed 01/12/2021 4:54 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/13/2021 8:57 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2021 9:26 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2021 9:28 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/15/2021 9:52 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/25/2021 3:35 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/27/2021 6:14 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM 16.A.2 Packet Pg. 332 CORAL HARBOR, PHASE II LOCATION MAP 16.A.2.a Packet Pg. 333 Attachment: Location Map (14638 : Final Acceptance - Coral Harbor, Phase II) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION _AND MAINT�m CE AGREEMENT FOR SUBDIVISION IMPROVEMENTSentered into this def;<ft....,. day of� / ____ / _____ , 20 16 between ""'"' .. "··�" uc 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 theBoard of certain plat of a subdivision to be known as: Coral Harbor. Phase II B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to postappropriate guarantees for the construction of the improvements required by said subdivisionregulations, said guarantees to be incorporated in a bonded agreement for the construction of therequired 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: required subdivision improvements per attach ed OPCwithin _J_&_ __ months from the date of approval said subdivision plat, said improvements hereinafter reterr"ed to as the required improvements. 2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" andby reference made a part hereof) in the amount of $971.22s2s -which amount represents 10% ofthe total contract cost to complete the construction plus 100% of the estimated cost of to completethe 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 improvementswithin the time required by the Land Development Code, Collier may call upon the subdivisionperformance security to insure satisfactory completion of the required improvements. 4.The required improvements shall not be considered complete until a statement of substantialcompletion by Developer's engineer along with the final project records have been furnished to bereviewed and approved by the County Manager or his designee for compliance with the CollierCounty Land Development Code. 5.The County Manager or his designee shall, within sixty (60) days of receipt of the statement ofsubstantial completion, either: a) notify the Developer in writing of his preliminary approval of theimprovements; 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 CountyManager's approval of the improvements. However, in no event shall the County Manager or hisdesignee refuse preliminary approval of the improvements if they are in fact constructed andsubmitted 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 afterpreliminary approval by the County Manager or his designee. After the one year maintenance periodby the Developer has terminated, the Developer shall petition the County Manager or his designee toinspect the required improvements. The County Manager or his designee shall inspect theimprovements and, if found to be still in compliance with the Land Development Code as reflected byfinal approval by the Board, the Board shall release the remaining 10% of the subdivisionperformance security. The Developer's responsibility for maintenance of the required improvementsshall continue unless or until the Board accepts maintenance responsibility for and by the County. 16.A.2.b Packet Pg. 334 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) 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. IN WITNESS WHEREOF, the Board and the Developer have caused this Agree ¥ e executed by their duly authorized representatives this 'Zf( day of C / ____ / _ · . , 20_1s __ . SIGNED IN THE PRESENCE OF: Printed Name ATTEST:· · ',, ' ,�,, . .... :, . . . ·' , DWIGl-!T E. BRO.PK1 .9LER� . '' 0� Donald E. Mears Printed Name/Title v· p 'd L d (President, VP, or CEO) ICe reSI ent -an i/l,�/{/{ptff/( (Provide Proper Evidence of Authority) By: DONNA FIAL A CHAIRMAN Scott A. Stone, Assistant County Attorney 16.A.2.b Packet Pg. 335 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that SFI Naples Reserve, LLC 3232 W. Lake Mary Blvd., Suite 1410 Lake Mary, Fl. 327 46 (Hereinafter referred to as "Owner") and RLI Surety 9025 N. Lindbergh Dr. Peoria IL61615 (800)6452402 BOND NO. CMS0292565 (Name of Owner) (Address of Owner) (Address of Owner) (Name of Surety) (Address of Surety) (Address of Surety) (Telephone Number) (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 N;nehun<lre<lsovonlyooelt>Ousan<l, IWOhun<lre<llwenly fivean<l,6/lOO Dollars ($ 971,225 .26 ) 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 of a certain subdivision plat named CORAL HARBOR. PHASE II 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 16.A.2.b Packet Pg. 336 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) 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 26th day of September / 2016 / _____ _ WITNESSES: Printed Name Print Donald E. Mears/ Vice President -Land (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF _r�l�o�r:�,d�o...___· �---­ COUNTY OF __ c-'--.0----.\-\ �-il=------- THE F<?l.EGOING PERFORMANCE BOND I w;,,s ACKNOWLEDGED BEFORE ME THIS DAY OF'Sc�"/ 2 fr/_':.-::.==::� 20 _lb_, by Donald E. Mears (NAME OF ACKNOWLEDGER) AS Vice President -Land (TITLE) OF SFI Naples Reserve, LLC (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED l ,i C,e,.n� AS IDENTIFICATION. 1, Notary Public-State of Co-,; clo...- (SEAL) Printed Name LYNDSAY SMITH Commission# GG 11930 My Commission Expires July 14, 2020 16.A.2.b Packet Pg. 337 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) PERFORMANCE BOND BOND NO. CMS0292565 KNOW ALL PERSONS BY THESE PRESENTS: that SFI Naples Reserve, LLC 3232 W. Lake Mary Blvd., Suite 1410 Lake Mary, Fl. 32746 (hereinafter referred to as "Owner") and RLI Surety 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone #: (800) 6452402 (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 Nine hundred seventy one thousand, two hundred twenty five and 26/100 ($971.255.26) 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 CORAL HARBOR PHASE II 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 dele tion to the proposed specific improvements. 16.A.2.b Packet Pg. 338 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) 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 7th day of November 2016. WI TNESSES: Witness I: By: Printed Name: fvl,n OefrrtMUt-r, (Provide Proper Evidence of Authority) Printed Name: 6,,,,, ,uo .r f!..oM· ACKNOWLEDGEMENT STATE OF FL COUNTY OF Co\ \i er THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF / / / fr' I --Z �qp , 2016, BY Donald E. Mears Jr. AS Vice President -Land OF SFI Naples Reserve, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED _____ AS IDENTIFICATION. Notary Public -State of furid � (SEAL) 16.A.2.b Packet Pg. 339 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) WITNESSES: RLI Insurance Company Witness I:{; ·1'1; 1,/etAdu �• By: ?-,. � Printed Name: Emily Henderson Printed name/Title: Carl Thomas McFarland, Jr .. Attom;y-in-t'act Witness 2:�f�(Provide Proper Evidence of Authority) Printed Name: Meredith Forrester ACKNOWLEDGEMENT STATE OF Georgia------ COUNTY OF Cobb------ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 11 / 7 / 2016 DAY OF II / 7 / 2016 '2016, BY Carl Thomas McFarland, Jr. AS Attorney-in-Fact OF RU Insurance Company WHO lS PERSONALLY KNOWN TO ME. OR HAS PRODUCED NIA AS IDENTIFI CATION. Notary Public -sf.J�dl-f�§S N'O't'AAv-PU·-eu�c-- State of Georgia (SEAL) Cobb County My Commission Expires 11/12/17 u�A.f\�ssPri:1ted Name Lisa A. Pless ·- 16.A.2.b Packet Pg. 340 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) RLI Surety 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, docs hereby make, constitute and appoint: Lisa Pless. Carl Thomas McFarland. Jr .• jointly or severally in the City of Atlanta State of Georgia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ V.,_1,..·c""e_,P...,r""e_...si.,.d..,..e..,.nt.___ with its corporate seal affixed this I st day of Au�ust , 20 I 6 State of Illinois County of Peoria } ss On this _ill_ day of /\u�ust , ?016 , before me. a Notary Public, personally appeared Barton W Oavjs , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacque £.:.ti� ·OFFICIAL SEAL"·, MJ,,..., E' PLPI < JACOUELINt M. 80CKLER sr.-rE 01 .11 !80'5J COMMISSION EXPIRES 01/14/18 "4Y' ttntttttf t tttf fjf ''' /0.'496 HIJO! 11 Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois. do hereby cenify that the attached Power of Attorney is in full force and effect and is irrevocable; and funhcnnore, that the Resolution of the Company as set fonh in the Power of Attorney, is now in force. In testimony whereof. I have hereY.I� set my h¥19 and tJ1e sea! of 2J; RLI Insurance Company this� day of Ntr"'CbW . U RLI lnsuranci Con:j>a,1y &I ?I= By: olr Id. Sanon W. Davis Vice Pre idcnt i\0058514 16.A.2.b Packet Pg. 341 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) RU Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 Admitted Assets Investments: Fixed maturities .......... . Equity securities .............. . Short-term Investments ..............•.........• Real estate .......................•..•.......... Properties held to produce Income . Cash on hand and on dopos� .........•.... 0!11er Invested assols ......... _ .. Receivables for securities. Agents' balances ......... . Investment Income due and accrued. ....•.. , ..•. Funds held . . . . .............•.. Reinsurance recoverable on paid losses ....•......... Federal income taxes receivable... . .......•..•. Net deferred tax osset. ............ . Guarantee funds receivable or on deposit Electronic data pro cessing equipment, net of depreciatior\ . Receivable fro m affmare� .......•..•. Other admitted assets .........•..•..••..•.. Total Admitled Assets State of Illinois }County of Peoria s 649,350,928 886,479,641 3,616,870 25,589,667 0 14,281,348 19,263,658 925,099 75,730,616 6,471,239 4,000 22,790,869 243,641 0 55,809 733,924 12,292.822 7,263.351 s 1.725.093,482 RLI Insurance Company December 31, 2015 Liabilities and Surplus Liabilities: Reserve for unpaid losses and loss adjustment expenses ..............•.. Unearned premiums ...................... . Accrued expenses ......•...•......... Funds held Advance premiums .... . Amounts withheld ....................... . Dividends declared and unpaid .........••..•.. Ceded reinsurance premium payable ....•...•.... Payable for securities ..................•...•.. Statutory pcnallies ................•....•. Current federal & foreign income taxes .....•..•... Federal income tax payable . , .................. . Borrowed money and accrued interest .......•..•• Drafts outstanding. . . . . . . . . . . . . . . . . . . _ ..•... , •. Payable to affiliate ....•......•..•...•............ Other llabillUes ... _ ........•....... , .•..•• , .. , . , . Total Liabilities .. Surplus: s s 467,302,987 232,132,017 61 ,363,378 675,513 5,797,135 60,525,980 23,945 24,41g,a54 1,992,972 212.600 0 4,647,648 0 0 24,369 706,686 859,825,084 Common stock . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . $ 10,000,375 Additional paicl-in capital . . . . . • . . . . . . . 242,451.084 Unassigned surplus ..... , , •..•..•...•..•....•. Total Surplus Total Liabilities and Surplus 612,816.939 S 865,268,396 S 1,725,093,482 The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of ______ _ _____________ and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2015. Attest: { Corporate} Seal Affixed Sworn to before me this 9th da-v or March, 2016. { Notarial } Seal Affixed President sistant Secretary Notary Public, State of Illinois M0058316 16.A.2.b Packet Pg. 342 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) assets . of State of l/linois County of Peoria RLI Insurance Company December 31, 2015 The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a corporation duly organized, in the Slate of Illinois, and licensed and engaged in business in the Stale of and has duly complied with all the requirements of the Jaws of said Stale applicable of said Company and duly qualified to act as Surely under such Jaws; that said Company has also complied with and is duly qualified lo act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2015. Attest: Sworn to before me this 9th day of March, 2016.· � "OFFICIAL SEAL" President sistant Secretary Notary Public, Slate of Illinois 16.A.2.b Packet Pg. 343 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) RLI Surety 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2-402 I Fax: (309)689-2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving of1iccr if desired. That RLI Insurance Company, an Illinois corporation, docs hereby make , constitute and appoint: Lisa Pless. Carl Thomas McFarland. Jr.. jointly or severally in the City of Atlanta State of Geoq,tia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." £N WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ V:...i..,.c ... e_.P..,r..,.c.,..si.,.d.,.e,..nt.___ with its corporate seal affixed this 1st day of Aueust , 20 I 6 State of Illinois County of Peoria } ss On this _La_ day of Aui:ust , 2016 , before me, a Notary Public, personally appeared Barton W. Davjs , who being by me duly sworn. acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RU Insurance Company and acknowledged said instrnment to be the voluntary act and deed of said corporation. �i::i-� ·OFFICIAL SEAL"v��rtr JACQUELIN: M BOCKLER 'ey� COMMISSION EXPIRES 01/14118 Ulcll'l�[!:ll:n.J'll.U.ll.f lLUrml' ION06!fl!0111 RU Insurance Company By: �� M.sf!r-Barton W. Davis Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do h.:rcby certify that the anached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Comp11.Hy :is set fort.h in the Power of Attorney, is now in force. In tcstunooy wnercof, I have h�q{o set my� ar-.J_�a�o(J� RLI lr.sur-.·,1ce Companyth�dayoO"'f:t� �•<o. RU Insurance Company By: E>� M.sf!r-Barton W. Davis Vice President J\0058514 16.A.2.b Packet Pg. 344 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) .. ROBAU &AsSOClATES-� NAPLES RESERVE -CORAL HARBOR PHASE 2-REV0l PRELIMINARY OPINION OF PROBABLE COST SUMMARY GENERAL $ EARTHWORK $ SANITARY SEWER $ POT ABLE WATER & FrRE $ STORM DRAINAGE $ PAVING $ LIGHTING $ TOTAL $ Contingency (110%) of TOTAL $ UTILITY DOCUMENT REVlEW FEE 0. 75% OF SEWER AND WATER ESTIMATE $ UTILITY INSPECTION FEE 2.25% OF SEWER AND WATER ESTIMATE $ UTILITY REVIEW FEES PAID UTILITY REVIEW FEES DUE ,. ...... CONSTRUCTION REVIEW FEE 0.75% OF ESTIMATE CONSTRUCTION INSPECTION FEE 2.25% OF ESTIMATE 17,500.00 3,500.00 210,862.00 212,071.50 181,146.00 221,852.55 36,000.00 882,932.05 971,225.26 3, l 72.00 9,516.00 , 91.62 80.38 3,449.99 10,341.97 CONSTRUCTION REVIEW FEES PAID � \' 3,449.99 I� (O.� CONSTRUCTION REVIEW FEES DUE 8/26/2016 3: 12 PM X:\Shared\P\016-00-007 NR Parcel 5\007 CCFDEP Penn it Sup\Phase !MAI_ I\OPC_PhaJC 2 �\�� 16.A.2.b Packet Pg. 345 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) Issued in Duplicate Decrease PENAL TY RIDER BO D AMOUNT $971,225.26 BOND NO. CMS0292565 To be attached and form a part of Bond No. CMS0292565 dated the 26th day of September, 2016, executed by RLI Insurance Company as surety, on behalf of SFI Napes Reserve, LLC as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the amount of Nine Hundred Seventy One Thousand Two Hundred Twenty Five Dollars and 26/100 ($971,225.26). In consideration of the agreed premium charged for this bond, it is understood and agreed that RLI Insurance Company hereby consents that effective from the 14th day of June, 2017, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Nine Hundred Seventy One Thousand Two Hundred Twenty Five Dollars and 26/100 ($971,225.26) TO: One Hundred Eighty Five Thousand Two Hundred Sixteen Dollars and 96/100 ($185,216.96) The Decrease of said bond penalty shall be effective as of the 14th day of June, 2017, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 30th day of June, 2017. SFI Napes Reserve, LLC PRINCIPAL RLI Insurance Company TY ,, BY: _____________________ �---"' BY: Carl Thomas McFarland, Jr., ATTORNEY �'N-f' C - THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: Collier County, Florida OBLIGEE ----------------------TITLE 16.A.2.b Packet Pg. 346 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) RLI* RLI Surety 9025 N. Lindbergh Dr. I Peoria, IL 61615 Phone: (800)645-2402 I Fax: (309)689-2036 www.rlicorp.com POWER OF ATTORNEY RLI Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Lisa Pless. Carl Thomas McFarland. Jr.. jointly or severally in the City of Atlanta State of Georgia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars ($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ V,_,i=c.._e _..P..._re,.,s"'id,..,e�n,.,.t_ with its corporate seal affixed this 1st day of Au�st , 2016 State of Illinois County of Peoria } ss ''"'""""'' RLI I C ,,,,,'�CE 0111,,, nsurance ompany ......... �u ....... oi:,, , $'�.-·· ·-.. �'-'� ,{ f::;/ c,ol'PO�,-�••.�� � � Etr: -•- : �� IV ..--,--; � s E AL : E By: \ \.. • •• / / Barton W. Davis ,,, ..... .. ,, ,,,,,fl. t. IN Q\�,,,,,, 111111111111\I\\\ CERTlFlCATE Vice President On this ___ilL_ day of AuiJJst , 2016 , before me, a Notary Public,personally appeared _Barton W Davis , who being by me duly sworn,acknowledged that he signed the above Power of Attorney as the aforesaidofficer of the RLI lnsurance Company and acknowledged said instrument tobe the voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, a stockcorporation of the State of Illinois, do hereby certify that the attachedPower of Attorney is in full force and effect and is irrevocable· andfurthermore, that the Resolution of the Company as set forth i� thePower of Attorney, is now in force. In testimony whereof, I havehereunto set my hand and the seal of the RLI [nsurance Company "OFFICIAL SEAL" JACQUELINE M. BOCKLER /0249650202!2 this �day of ____,:["'-y..U1r RLI Insurance Comµany---- -·/ By:�fr v.?fl Barton W. Davis , Vice President A00585l4 16.A.2.b Packet Pg. 347 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 Admitted Assets Investments: Fixed maturities .... Equity securities . Short-term investments ........................ . Real estate ............................... . Properties held to produce income . Cash on hand and on deposit . Other invested assets . Receivables for securities ......•.. Agents' balances_ . _ . Investment income due and accrued . Funds held . Reinsurance recoverable on paid losses .............• Federal income taxes receivable. Net deferred tax asset ..... Guarantee funds receivable or on deposit .........••.• Electronic data processing equipment, net of depreciation ... Receivable from affiliates . Other admitted assets ......................... . Total Admitted Assets State of Illinois County of Peoria } $ 691,592,014 890,779,919 3,606,726 30,057,188 0 14,824,739 23,767,904 65,707 72,408,650 6,410,724 4,000 9,891,389 :1,880,750 0 46,136 3,036,720 824,582 4,154,773 $ 1,753,351,921 RLI Insurance Company December 31, 2016 Liabilities and Surplus Liabilities: Reserve for unpaid losses and loss adjustment expenses . Unearned premiums ......................... . Accrued expenses ...... . Funds held Advance premiums ........................... . Amounts withheld . . . . . . . •........ Dividends declared and unpaid . Ceded reinsurance premium payable ..... Payable for securities Statutory penalties . Current federal & foreign income taxes Federal income tax payable ... Borrowed money and accrued interest Drafts outstanding .. _ Payable to affiliate .. Other liabilities ................................. . Total Liabilities Surplus: Common stock . Additional paid-in capital Unassigned surplus Total Surplus Total Liabilities and Surplus $ $ $ 489,669,057 238,082,518 54,157,871 559,190 5,514,072 75,489,279 29,298 5,073,678 1,182,782 470,200 0 11,018,129 0 0 3,615,055 8,514,592 893,375,721 10,000,375 242,451,084 607,524,741 $ 859,976,200 $ 1,753,351,921 The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of ______ _ _______ • ______ and has duly complied with all the requirements of the laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has a/so complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2016. Attest: { Corporate } Seal Affixed Swo--rrr-tc rb'tifore '!!e this 13th day of March, 2017. GRETCHEN L JOHNIGK "OFFICIAL SEAL" My Commission Expires May 26, 2020 { Notarial } Seal Affixed Cherie L. Montgomery Gretchen l,Jotmigk President sistant Secretary No �e of Illinois M0058317 16.A.2.b Packet Pg. 348 Attachment: Bond Basis (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.c Packet Pg. 349 Attachment: Plat Map (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.c Packet Pg. 350 Attachment: Plat Map (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.c Packet Pg. 351 Attachment: Plat Map (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.c Packet Pg. 352 Attachment: Plat Map (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.d Packet Pg. 353 Attachment: Resolution (14638 : Final Acceptance - Coral Harbor, Phase II) 16.A.2.d Packet Pg. 354 Attachment: Resolution (14638 : Final Acceptance - Coral Harbor, Phase II)