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Backup Documents 07/14/2020 Item #16A12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 2 ---------T-OACCOMPANY-ALL-ORIGINA1 DOCUMENTS SENTTO--.—. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney()Mee no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. i 3. County Attorney Office County Attorney Office✓ by /� Zy 3� '2-I me 4. BCC Office Board of County r ( Commissioners 3 5. Minutes and Records Clerk of Court's Office r a1 is 14 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa Nute—Development Review Phone Number X 2361 Contact/ Department Agenda Date Item was 7/14/2020 Agenda Item Number 16Al2 Approved by the BCC Type of Document Plat Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. MN 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MN document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/14/2020 and all changes made ( WA is ntii during the meeting have been incorporated in the attached document. The County Dv hn option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the . /A is not BCC,all changes directed by the BCC have been made,and the document is ready for the (0 option_for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i 6 A 1-2 iTO ACCI3IVII'ATTI'AZL ORIGINAI:DnCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to he forwarded to the Comity Attorney Office at the time the item Is placed on the agenda. All completed routing slips and original documents must he received In the County Attorney Office no later than Monday preceding the hoard meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (44 v' 4. BCC Office Board of County � 5d6)4 Commissioners , / 5. Minutes and Records Clerk of Court's Office p6 I O„ 1.4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Melissa Nute Phone Number x-2361 Contact/ Department Agenda Date Item was 7/14/2020 Agenda Item Number 16Al2 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? MN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. MN 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the MN document or the foal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MN signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7/14/2020 and all changes made during p the meeting have been incorporated in the attached document. The County Of Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the 0 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16Al2 MEMORANDUM Date: March 30, 2021 To: Melissa Nute, Site Plans Reviewer Development Review From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Construction & Maintenance Agreement and Performance Bond K15492144 related to Fiddler's Creek Plaza Attached are the original Plat and copies of the Construction and Maintenance Agreement and Bond document referenced above, approved by the Board of County Commissioners (Item #1612) on July 14, 2020. The original Bond and Construction and Maintenance Agreement documents will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1 6 A 1 2 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 1st day of March , 20 21 between FCC PreseveLLC and FCOyster ,LLC hereinafter referred to as "Developer", and 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 certain plat of a subdivision to be known as: Fiddler's Creek Plaza B. Chapter 4 and 10 of the Collier County Land Development Code required 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: Excavation of the drainage lake,construction of Sandpiper Lane,extension of utilities(sewer,water,fire),construction of a 1. Developer will cause to be constructed: berm and installation of landscaping,and other associated 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$ 754,103.90 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated 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. 5. The County Manager or 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 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 designee to inspect the required improvements. The County Manager or designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10°/0 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. l6Al2, 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 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 designee. The County Manager or 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 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 Agreement to be executed by their duly authorized representatives this / day of , 20 SIGNED IN THE PRESENCE OF: (Name of Entity) "AS TO ALL OWNERS" FCC Preserve, LLC Witness: i f 1, If' By: / /,„ . Printed Name: Aubrey J.Ferrao / President and CEO of FCC Preserve and not in his individual capacity Witness: (Name of Entity) /} � / ei j�_ FC Oyster Harbor, LC Printed Name: Aubrey J.Ferrao President and CEO of FC Oyster Harbor, LLC and not in his individual / HI:c/..ef a` pie: I( capacity ATTEST: CRYSTAL K,'K1NZEL, CLERK BOARD OF COUNTY COMMISSIONERS 1 j OF IER COUNTY, L RI By (L13 Cv_.y. B 21'4 ' ` .. Deputy Clerk, y: ,�p�1u't P.,rr r Tay 1 r, Cha I rsa 11 Approtf &6att c�i(iai 64ality: signature only, (J 4.- 2). P.,(�c-c Item# 162/1'`a► _ Derek D, Perry �' Agenda ii•t`f izu Assistant County Attorney pate Date 3-90-Z1 Rec'd Deputy Clerk Exhibit "A" 16 Ii A 1 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. K15492144 KNOW ALL PERSONS BY THESE PRESENTS: that FC OYSER HARBOR, LLC FCC PRESERVE, LLC 8156 FIDDLER'S CREEK PKWY NAPLES, FL 34114 (hereinafter referred to as "Owner")and WESTCHESTER FIRE INSURANCE COMPANY 202B HALL'S MILL ROAD, WHITEHOUSE STATION,NJ 08889 (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 Seven Hundred Fifty Four Thousand One Hundred Three & 90/100 Dollars ($754,103.90) 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 Fiddler's Creek Plaza 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 Performance Bond—Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 1 of 3 � 6A1 ? 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 day of ' / / . [-WITNESSES: Aubrey J. Ferrao President and CEO of FC Oyster Harbor, LLC and not in his individual capacity f L By:Pnnted Name - _-- . _ Aubrey J. Ferrao, as President and CEO (Provide Proper Evidence of Authority) Printed Name — — — — — ACKNOWLEllGEMEN'I' STATE OF FLORIDA COUNTY OF COLLIER "TEE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF c PHYSICAL PRESENCE OR n ONLINE NOTARATITI'ION THIS DAY OF / / , 20 • _ _ , BY AUBREY J. FERRAO, AS PRESIDENT AND CEO ANI) NOT INDIVIDUALLY OF EC OYSTER HARBOR, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. NOTARY PUBLIC - STATE OF FLORIDA My� (SEAL) ��,I�y, Notfry Public State of Fbride , Joseph Livia Parisi / � • IAy Commission GG 251'7t Epiras OS/22/2022 PRINTED NAME: [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] [SIGNATURE OF FCC PRESERVE, LLC ON NEXT PAGE] Performance Bond — Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 2 of 3 � 6Al2 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of_ / r���t.t�� / 3 1-� _ WITNESSES: Aubrey J. Ferrao President and CEO of FCC Preserve, LLC and not in his individual capacity ---- - By: - — - - Pi inter Name t� � ( • T ___ Aubrey J. Ferrao, as President and CEO (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OFCOLLIER TIIE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF._: PI IYSICAL PRESENCE OR Li ONLINE NOI'ARATIZTION THIS DAY OF / / 20 , BY AUBREY J._FERRAO AS PRESIDENT ANDCEO AND NOT INDIVIDUALLY OF FCC PRESERVE; I,LC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. --- - NOTARY PUBLIC - STATE OF FLORIDA (SEAL) "yam Notary Public State of Fkxida `F Joseph ivTO Parisi jr, • MY m 255771 _ ? w ExpiresCo 08/22/2022missionGG PRINTED NAME: -'.� IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24th day of February, 2021 SURETY ACKNOWLEDGEMENT WITNFS ES: I --- --- - - Cr Westchester F' tAnsurance Company 1/ -0 ( By: ell O'M , Witne.,;s Annette Audtnot, Attorney-In-Fact FL Non-Resident License# W31 1780 ristin S. Bender, Witness Performance Bond--Fiddler's Creek Plaza FC Oyster Harbor, LLC and FCC Preserve, LLC Page 3 of 3 l6Ai2 State of New Jersey County of Morris J SS: On February 24,2021 ,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared April D.Perez known to me to be Attorney-in-Fact of Westchester Fire Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires April is,2o24 ; April Perez , Notary Public / RIL PEREZ NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES APR. 16,2024 16Al2 CHUBS` Power of Attorney Federal Insurance Company!Vigilant Insurance Company!Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Annette Audinot each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY� have each executed and attested these presents and affixed their corporate seals on this 10'h day of March,2020. eiKi,SOA C� fktv.n \l.(.hhN'is,;\wxistjntSlCl'etary Stephen\I hunt}.Vice President (5) H.:7Z1 i#11 • • STATE OF NEW JERSEY County of Hunterdon ss. On this 10th day of March,2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to he Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn NI.Chloros and Stephen NI.Haney, being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies:and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal N �o N"ARY! KATNERINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY Pout No.2318885 ca Commission Expires July 16,2024 'JER9� Nrwan'Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December II,2006;and ACE AMERICAN INSURANCE COMPANY on March 20.2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings.recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a-Written Commitment.): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company.under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company, under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution.and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this February 24,2021 (� r r ram/ (W) 1:10 14-t 1. )) • [tivm\LChlrxta.:\sciazlorsccivrj' IN THE EVENT YOU WISE,TO VERIFY TI IE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER.PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) 1 6 A 1 2 DocuSign Envelope ID:CCF7D358-9825-47C6-8B4C-6EAB7BF6431 E WESTCHESTER FIRE INSURANCE COMPANY STATEMENT OF ASSETS,UABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31,2019 (in thousands) ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (17,346) Outstanding Losses and Loss Expenses $ _ United States Government,State Reinsurance Payable on Losses and Expenses and Municipal Bonds 106,879 Other Bonds Unearned Premiums _ Stocks 56,172 Ceded Reinsurance Premiums Payable Other Invested Assets 28 Other Liabilities 100.006 6,008 TOTAL INVESTMENTS 151,741 TOTAL LIABILITIES 100,006 Investments in Affiliates - Capital Stock Premiums Receivable 5,000 Other Assets Paid-In Surplus 59,856 92,830 Unassigned Funds 79,709 SURPLUS TO POLICYHOLDERS 144,565 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 244,571 SURPLUS $ 244,571 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2019, investments with a carrying value of$12,787,328 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2019. Ooeb&&xe me this \ -(� � `� _ 5ehw. TwitO �—ozeo -ao5eernor ot eo ice President II Notary Public My commission expires Commonwealth of Pennsylvania-Notary Seal Diane Wright,Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 Member.Pennsylvania Association of Notaries 16412 FIDDLER'S CREEK PLAZA PPL Submittal Engineer's Opinion of Probable Cost - Site Infrastructure Prepared by: • ( ; iaCUIV\ /1 i r-1 O Ii Q. Grady Minor & Associates, P.A 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 June 24, 2019 Revised: October, 2019 Digitally signed by Mark W. Minor, P.E. Date: 2020.02.28 16:02:28 -05'00' Mark Woodrow Minor, P,E. Florida Registration No. 45324 \\ggm local\tiles\Engineering`PROD-ENGTTCPPPL\060P1u3PPL OP\Cost Estimate\FCPPL_OPC_County Rev 3 FIDDLER'S CREEK PLAZA i 6 A 1 2 PPL Submittal Engineer's Opinion of Probable Cost General Conditions Unit Quantity Price Total _ Mobilization LS 1 $ 3,300.00 $ 3,300.00 Silt Fence(Perimeter) LF 4,210 $ 1.25 $ 5,262.50 Silt Fence(Lake) LF 783 $ 1.25 $ 978.75 Construction Entrance/Tracking Control MO 6 $ 500.00 $ 3,000.00 Demolition LS 1 $ 5,335.50 $ 5,335.50 Sub-Total $ 17 876.75 Earthwork/Demolition Unit Quantity Price Total Top Strip AC 36 $ 1,000.00 $ 36,000.00 Proof Rolling AC 35 $ 200.00 $ 7,000.00_ Grade Future Tracts SY 18450 $ 0.75 $ 13,837.50 Grade Perimeter Berm SY 1015, $ 1.25 $ 1,268.75 Subtotal $ 58,106.25 Roadway Unit Quantity Price Total 12"Compacted Subgrade(including material) SY 6,155 $ 10.00 $ 61,550.00 8" Limerock Base(Compacted and Primed) SY 5,352 $ 8.00 $ 42,816.00 1.5"Asphaltic Concrete Type SP-12.5 SY 5,352 $ 9.00 $ 48,168.00 1" Asphaltic Concrete Type SP-9.5 SY Y 10,540 $ 7.00 $ 73,780.00_ Valley Gutter LF 320 $ 14.00 $ 4,480.00 Type "A"Curb LF 401 $ 13.00 $ 5,213.00 Type"F" Curb LF 1,512 $ 16.00 $ 24,192.00 Type"D"Curb LF 40 $ 12.00 $ 480.00 Modified Type"E" Curb LF 789 $ 30.00 $ 23,670.00 Concrete Sidewalk SF 12,511 $ 3.00_ $ 37,533.00 Handicap Curb Ramps EA 4 $ 500.00 $ 2,000.00 Signing(Traffic Control, Striping) LS 1 $ 7,082.00 $ 7,082.00 Bahia Sod (3'Wide from Back of Curb) SY 1,653 $ 5.00 $ 8,265.00 Wheel Stops LS 1 $ 150.00 $ 150.00 Sub-Total $ 339,379.00 Storm Drainage Unit Quantity Price Total 30" RCP LF 96 $ 44.00 $ 4,224.00 18" RCP LF 544 $ 33.00 $ 17,952.00 24" RCP LF 44 $ 40.00 $ 1,760.00 36" RCP LF 190 $ 54.00 $ 10,260.00 Junction Box EA 4 $ 2,913.00 $ 11,652.00 18" FES EA 2 $ 2,200.00 $ 4,400.00 24" FES EA 1 $ 2,800.00 $ 2,800.00 36" FES EA 2 $ 3,200.00 $ 6,400.00 Throat Inlet EA 2 $ 2,950.00 $ 5,900.00 WQ Structure EA 1 $ 3,350.00 $ 3,350.00 Throat Inlet(Type 9) EA 2 $ 3,250.00 $ 6,500.00 Control Structure(Existing to be modified) EA 1 $ 2,500.00 $ 2,500.00 Sub-Total $ 77,698.00 Sanitary Sewer System Unit Quantity Price Total 6" Single Service EA 6 $ 300.00 $ 1,800.00 6" C900 DR14 PVC Lateral LF 248 $ 12.00 $ 2,976.00 4" DR18 PVC(County) LF 572 $ 15.00 $ 8,580.00 \\ggm.locai\files\Engineering\PRO1-ENG\F\FCPPPL\06DP\03PPL DP\Cost Estimate\FCPPL_OPC_County Rev 3 Page 2 FIDDLER'S CREEK PLAZA 1 6 A 1 2 PPL Submittal Engineer's Opinion of Probable Cost 4" DR14 PVC(County) LF 67 $ 18.00 $ 1,206.00_ 6" DR18 PVC(County) LF 572 $ 20.00 $ 11,440.00 6" DR14 PVC(County) LF 84 $ 23.00 $ 1,932.00 2" DR14 PVC(Pivate) LF 227 $ 12.00 $ 2,724.00 Connect to existing system LS 1 $ 2,300.00 $ 2,300.00 Remove existing Cleanout and lateral LS 1 $ 1,786.00 $ 1,786.00 6" Plug Valve with Box EA 2 $ 2,100.00 $ 4,200.00_ 4" Plug Valve with Box EA 3 $ 1,800.00 $ 5,400.00 2" Plug Valve with Box EA 1 $ 1,200.00 $ 1,200.00 Sub-Total $ 45,544.00 Potable Water Distribution System Unit Quantity Price Total 6" PVC Main (C-900, DR 14)-Water LF 101 $ 20.00 $ 2,020.00 8" PVC Main(C-900, DR 14)-Fire LF 308 $ 23.00 $ 7,084.00_ 12" PVC Main (C-900, DR 18) LF 769 $ 25.00 $ 19,225.00 12"Gate Valve with Box EA 3 $ 2,000.00 $ 6,000.00 8" Gate Valve EA 4 $ 3,150.00 $ 12,600.00 4" Gate Valve EA 2 $ 1,000.00 $ 2,000.00 12"X4"Tee EA 1 $ 2,550.00 $ 2,550.00 12"X6"Tee EA 3 $ 3,000.00 $ 9,000.00 12"X8"Tee EA 2 $ 3,500.00 $ 7,000.00 12"X2"Saddle(w/2"GV) EA 1 $ 2,400.00 $ 2,400.00 Fire Hydrant Assembly(W/6"GV) EA 2 $ 4,250.00 $ 8,500.00 Single Water Service EA 1 $ 551.00 $ 551.00 Permanent Bacterial Sample Point EA 1 $ 3,000.00 $ 3,000.00 Sub-Total $ 72,826.00 Electric/Street Lights/Conduit Unit Quantity Price Total Conduit crossings LS 1 $ 5,000.00 $ 5,000.00 FPL-Pre wire LS 1 $ 5,458.00 $ 5,458.00 Street Lights(Relocate) LS 1 $ 7,500.00 $ 7,500.00 Street Lights(New) EA 2 $ 4,500.00 $ 9,000.00 Sub-Total $ 26,958.00 Irrigation/Lake Littoral Plantings Unit Quantity Price Total Relocate and Repair Irrigation LS 1 $ 30,000.00 $ 30,000.00 Landscape(Code Min) LS 1 $ 15,000.00 $ 15,000.00 Littoral Planting Signs EA 2 $ 75.00 $ 150.00 Lake Littoral Plantings SF 2,011 $ 1.00 $ 2,011.00 Sub-Total $ 47,161.00 I Total $ 685,549.00I \\ggm.local\files\Engineering\PROJ-ENG\F\FCPPPL\06DP\03PPL DP\Cost Estimate\FCPPL_OPC_County Rev 3 Page 3