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Agenda 12/14/2021 Item #16A 4 (Resolution - Final Acceptance for Esplanade FGlf and Country Club of Naples PL20160000536)12/14/2021 16.A.4 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esplanade Golf and Country Club of Naples Dilillo Parcel, Application Number PL20160000536; and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure improvements associated with the subdivision, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On November 17, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Esplanade Golf and Country Club of Naples Dilillo Parcel. 2) The roadway and drainage improvements will be maintained by the project's homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on September 30, 2021, 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 project's homeowners association. The existing security in the amount of $177,093.30 will be released upon Board approval. The original security in the amount of $994,539.34 has been decreased to the current amount of $177,093.30 based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated November 9, 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 Esplanade Golf and Country Club of Naples Dilillo Parcel, Application Number PL20160000536, and authorize: The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division Packet Pg. 664 16.A.4 12/14/2021 ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) Packet Pg. 665 16.A.4 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doe ID: 20391 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Esplanade Golf and Country Club of Naples Dilillo Parcel, Application Number PL20160000536; and authorize the release of the maintenance security. Meeting Date: 12/14/2021 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 10/13/2021 5:31 PM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 10/13/2021 5:31 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Growth Management Department Growth Management Development Review Brett Rosenblum Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Jaime Cook Additional Reviewer Growth Management Department Trinity Scott Transportation Growth Management Department James C French Growth Management County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor 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 Geoffrey Willig Meeting Pending Completed 10/15/2021 9:39 AM Additional Reviewer Completed Completed 11/04/2021 8:59 AM Completed 11/09/2021 2:20 PM Skipped 10/20/2021 2:43 PM Completed 11/09/2021 4:09 PM Completed 11/29/2021 10:27 AM Completed 11/29/2021 10:53 AM Completed 11/29/2021 2:14 PM Completed 11/30/2021 9:22 AM Completed 12/02/2021 9:37 AM 12/14/2021 9:00 AM Packet Pg. 666 16.A.4.a ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL LOCATION MAP Q Packet Pg. 667 16.A.4.b RESOLUTION NO.21- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 61, PAGES 73 THROUGH 76, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 13, 2016, approved the plat of Esplanade Golf and Country Club of Naples Dilillo Parcel 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Esplanade Golf and Country Club of Naples Dilillo Parcel, pursuant to the plat thereof recorded in Plat Book 61, pages 73 through 76, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Esplanade Golf and Country Club of Naples Dilillo Parcel will be maintained privately in the future and will not be the responsibility of Collier County. [Space Intentionally Left Blank] [16-EIS-03263/1672450/1] Page 1 of 2 Packet Pg. 668 16.A.4. b This Resolution adopted after motion, second and majority vote favoring same, this day of 12021. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK am Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney Penny Taylor, Chairman [16-EIS-03263/1672450/I Page 2 of 2 Packet Pg. 669 16.A.4.c CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this - day of K1nyFMA6V 2016 between Taylor Morrison Esplanade Naples, LLC 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 certain plat of a subdivision to be known as: Esplanade Golf and Country Club of Naples — Dil-illo Parcel. 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: roadway, drainage, water and sewer improvements within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 994,539.34 - which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost 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 such 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 his designee shall, within sixty (60) days of receipt of the statement 1 of 3 Packet Pg. 670 16.A.4.c 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 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 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, c 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 N cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, 0° upon completion of such construction, the final total cost to the Board thereof, including, o but not limited to, engineering, legal and contingent costs, together with any damages, 00 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. E s 9. All of the terms, covenants and conditions herein contained are and shall be binding upon Q the Developer and the respective successors and assigns of the Developer. 2 of 3 Packet Pg. 671 16.A.4.c IN WITNESS WHEREOF, the Board and the Developer have caused t is A reement to be executed by their duly authorized representatives this 9 day of 2016. SIGNEDJN\THE PRESENCE OF Pd#d Name: ? By: 4AM Printed Name: G,i4 ATTEST: DWIGHT E. BROCK, CLERK BY: ajwk' O'C- Deputws o,C 'rni3n's signature only, Approved as to form and legality: Scott A. Stone, Assistant County Attorney (Name of Entity) Taylor Morrison Esplanade Naples, LLC By: Printed NamefFitle: Andrew Miller, Authorized Agent (Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: - DONNA FIALA CHAIRMAN 3 of 3 Packet Pg. 672 Detail by Entity Name Page 1 of ��BSL4i�tisitg Q22anment et State t "r. ; n of tiw a:•• / ,- i ; a Records I Detail By 6ocurr:ent Nun=Seer I Detail by Entity Name Florida Limited Liability Company TAYLOR MORRISON ESPLANADE NAPLES, LLC Fllina Information Document Number L11000143130 FEIIEIN Number 45-4100117 Date Filed 1212212011 Effective Date 12/22/2011 State FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 01/23/2013 Event Effective Date NONE Principal Address 4900 N SCOTTSDALE ROAD SUITE 2000 SCOTTSDALE, AZ 85251 Changed 0111812012 Mailing Address 4900 N SCOTTSDALE ROAD SUITE 2000 SCOTTSDALE. AZ 85251 Changed 01/18/2012 Registered Agent Name & Address NRAI SERVICES, INC 1200 South Pine Island Road Plantation, FL 33324 Name Changed: 01/18/2012 Address Changed 01/18/2012 Authorized Person(g) Detail Name S Address Tale Managing Member TAYLOR MORRISON OF FLORIDA. INC. a http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResu]tDetail'?inquirytype=Entit... 1 1 /21 /201 fi Packet Pg. 673 Detail by Entity Name 16.A.4.c Page 4 of 4 Title AUTHORIZED AGENT - FINANCE FULMER, RYAN 551 NORTH CATTLEMEN RD., SUITE 200 SARASOTA, FL 34232 Title AUTHORIZED AGENT - LAND MILLER, ANDREW ("DREW') 551 NORTH CATTLEMEN RD., SUITE 200 SARASOTA, FL 34232 Annual Reports Report Year Filed Date 2016 03/25/2016 2016 06/16/2016 2016 08111/2016 0"ument Images r r11(�Qfs_ EIJUEU ANNUAL REPORT . ca•e nnage in PDf format Ub116/201$ -- AMENDED ANNUAL REPORT Jae n image in PDF formal 0 N12t31S -- ANNUAL REPORT ',-age to PDF format (19.12 15 --- Ah7ENDED ANNUAL REPOR71 View image En PDF fomial U212612015 -- ANNUAL fj CST Vi-w Image in POF format 74n{i"-Ora - AMs,NDE€:) A JNSiAL REPORT Vim Imay. in PDF forat 01075i2U14 -• ANNUAL REPORT Clew image in Pi?F TMn`at 191 ! , 13--AMII: II)fiD fWNliAl. li POFiT Vew lmogo m P€�F formal [AW144013 -AML:NUED ANNUAL REPORT1 View imam m P F ioma1 022712613 • LM iJR ANhuAL RE�iTl View. margc jn PDF imin.al f1,1l 13 -- ANNIaL RE--PI}R'r Vrew rnage Va PLi" fwinal OIQ 1'2011- L Nam9 Chancre View ,maye in PDF formal atLII M12, -ANNUAL REPCIRT View image in PDF format 12122:2411 - FlaLda bn%*id LLabiLtV view wnage m POF format http://search.sunbiz-org/lnquiry/CorporationSearchISearchResultDetail?inquirytype=Entit... 11 /21 /2016 Packet Pg. 674 16.A.4.c Bond No.: SU 1141183 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Taylor Morrison Esplanade Naples, LLC (NAME OF OWNER) 551 North Cattlemen Road Suite 200 Sarasota, Florida 34232 (hereinafter referred to as "Owner") and Arch Insurance Company 1125 Sanctums Parkway, Suite 200 Alpharetta, GA 30009 404 682-3899 (ADDRESS OF OWNER) (ADDRESS OF OWNER) (NAME OF SURETY) (ADDRESS OF SURETY) (ADDRESS OF SURETY) (TELEPHONE NUMBER OF SURETY) (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 Ninety_ Four Thousand Five Hundred Thirty Nine and 341100 Dollars ($994,539.341 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 Dlat named Esplanade Golf and Country Club of Naples — DiLillo Parcel (PL20160000536) 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. Packet Pg. 675 16.A.4.c Bond No.: SU1141183 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 3151 day of October, 2016. I WITNESSES: Bv:---z_—�---- -- ` Printed Name: i i E Printed Name: f—�r'--A b+ . S A. R 0. STATE OF FLORIDA COUNTY OF (Jt - i(Owner Name and Title if Corporation) Taylor Morrison Esplanade Naples, LLC By: -- Printed Name/Title- (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF�� M 12016, BY as F Taylor Morrison Esplanade Naples, LLC, WHO IS PERSONALLY KNOWN TO ME, HAS PRODUCED AS IDENTIFIC ION. i Notary Public - State of Florida (SEAL) + * MYCOMMISSION tFF229127 1�C YA 4 A)r JDn� EXPIRES: May 10. 2419 rta n�' 3onCld fire BWgel N7fjry SM'IOtS Printed Name Packet Pg. 676 16.A.4.c WITNESSES: Bond No,: 5U1141183 (Surety Name and Title if Corporation) Arch Insurance Company ......... BY: I By: 'Printed Name/Title: Margaret A. Ginem, Attorney -in - Printed Name: Anett Cardinale fact and Florida Licensed Resident Agent (Provide Proper Evidence of Authority) I By. —� Printed Name: Gloria Robb I ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF HILLSBOROUGH THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 315' DAY OF OCTOBER, 2016, BY Margaret A. Ginem, AS Attorney -in -fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED X known AS IDENTIFICATION. Notary P - tote of Florida pFAQ --. Printed Name Eileen C. Heard EILEEN C. HEARD Commission # FF 1ISM �i Expires October 22. 2018 Boadod nW Troy Filo Iuyr�SOD,44 .7010 rn M 0 N N co c 0 m r c m E z U c� r Q Packet Pg. 677 16.A.4.c Al 0000185021 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1 e day of April, 201�. Attested and Certified Arch Insurance Company �gV[2113" C`0 r wa++rE 4 74T1 1`r Patrick K. Nails, Secretary - David M. m e stein, Executive Vice President �(fSlitl'� STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFF LJ1L 1<PiNNbYLVANIA NDTA.R AL SEAL. HELEN SZAFRAN. NMY Public Cyr of R9&UpNIK Ph" Count M Carmimm E Oco W 120 17 CERTIFICATION elen Szafran, tary Publi My commission expires 10/0312017 I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 14, 2016 on behalf of the Person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY W€�R O , I ave he nto subscribed my name and affixed the corporate seal of the Arch insurance Company on this '>\ day of V C�__�, 2 ?._. r On t6, M O N Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance - Surety Division 3 Parkway, Suite 1500��� C� Philadelphia, PA 19102 ' 1,G11tt1/K�7E U stu MTSS003� OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. Packet Pg. 678 16.A.4.c Al 0000185021 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company. a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, Now Jersey (hereinafter referred to as the "Company") does hereby appoint: Anett Cardinale, Brandy Saich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and ali bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Millis Dollars ($90,000,000.00) This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal administrative office m Jersey City, New Jersey This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: `VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Q Business Division, or their appointees designated in whiling and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and Il other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process " M M O N This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: T IA VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seas of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 {printed in U.S.A. Packet Pg. 679 16.A.4.c Esplanade Naples - DiLillo Rev02 05/17/2016 Wastewater 5265,204.25 Potable Water 583,264.00 Sub -Total $349,469.25 Earthwork S35,787,80 Paving $249,341.14 Drainage $161,394.00 Landscape $74,12S,00 Ligh[ing $34,O1a.48 Sub -Total $SS4,658.42 Total $904,126.67 i lOQ/atcP (4, S'5q kotes: 1) This Opinion of Probable Cost JOPCI shall be used for permitting purposes only. 2) This OPC is based on the eng:neer's understanding of the current ruies, regulations, ordinances, and constriction costs -n eftett on the date of this document Interpretations of these constrcvon casts may affect this OPC, and may recluire adfustrtxnts to delete, decrease, or Increase portions of this OPC. 31 All costs provided in this OPC are based on recent contract pnces, or the engineer's la rt i °w1n unit costs. These casu carrot be guaranteed at this ume 7ue to unpredictable and uncontro'Ia6 its st sl rt 4pst of concretes petroleum, or the availability of materials and Iabor. 1 � Jerern care Florida license p 66421` CQA #8636 Packet Pg. 680 16.A.4.c POTABLE WATER Esplanade Naples - DiLillo Estimated i Item N Description Unit Unit Price Amount Quantity PW-1 6" PVC Water Main (C900, DR18) 940 LF $16.00 $15,040.00 PW-2 8" PVC Water Main (C900, DR18) 943 LF $18.00 $16,974.00 PW-3 8" Gate Valve 2 EA $1,200.00 $2,400.00 PW-5 1.5" Single Water Service, Complete 9 EA $550.00 $4 950,00 PW-6 1.5" Double Water Service, Complete 19 EA $600.00 $11,400.00 PW-1 Temporary Bacterial Sample Point 3 EA $1,000.00 $3,000.00 PW-8 Temporary Blow-off/Automatic Flushing Device 2 EA $3,000.00 $6,000.00 PW-9 Fire Hydrant, Complete 5 EA $3,900.00 $19,500.00 PW-10 Connect to exisiting 8" stub -out 2 EA $2,000.00 $4,000.00 SUBTOTAL = $83,264.00 Packet Pg. 681 16.A.4.c WASTEWATER Esplanade Naples - DiLillo Estimated Item # Description Quantity Unit WW-1 Television Inspection 2,059 LF WW-2 6" Single PVC Sewer Service 5 EA WW-3 6" Double PVC Sewer Service 21 EA WW-4 8" PVC Sanitary Sewer SDR-26 (0-6') 905 LF WW-S 8" PVC Sanitary Sewer SDR-26 (6-8') 1,052 LF WW-6 8" PVC Sanitary Sewer SDR-26 (8-10') 57 LF WW-7 8" PVC Sanitary Sewer SDR-26 (10-12') 45 LF WW-9 Manhole 4' Diameter with IET Coating (0-6') 4 EA WW-10 Manhole 4' Diameter with IET Coating (6-8') 5 EA WW-11 Manhole 4' Diameter with IET Coating (8-10') 2 EA WW-12 Manhole 4' Diameter with IET Coating (10-12') 1 EA WW-13 4" PVC Force Main DR-14 86 LF WW-14 10" PVC Forte Main DR-14 101 LF WW-15 Tie into existing Force Main 8 EA WW-16 Core Bore into Existing Manhole 1 EA Unit Price Amount $2.75 $5,662.25 $825.00 $4,125.00 $900.00 $18,900.00 $34.00 $30,770.00 $42.00 $44,184.00 $54.00 $3,078.00 $62.00 $2,790.00 $4,600.00 $18,400,00 $5,400.00 $27,000.00 $6,500.00 $13,000.00 57,100.00 $7,100.00 $250.D0 $21,500.00 $195.D0 $19,695.00 $5,000.00 $40,000.00 $10,000.00 $10,000.00 SUBTOTAL= $266,204.25 Packet Pg. 682 16.A.4.c Esplanade Naples - DiLillo Item # IDescription Estimated Unit Unit Price Amount Quantity EW-1 Single Row Silt Fence 4,087 LF $1.75 $7,152.25 EW-2 Double Row Silt Fence 675 LF $3.50 $2,362.50 EW-3 Sod (I'Behind Curb) 422 SY $3.50 $1,475.72 EW-4 Sod (20' LME) 5,614 SY $3.50 $19,647.83 EW-5 Lake Littoral Plantings 10,299 SF $0.50 $5,149.50 SUBTOTAL = $35,787.80 r Q Packet Pg. 683 16.A.4. c Esolanade Naoles - DiLillo Item # Description Estimated Quantity I Unit L Unit Price I Amount P-1 3/4" A5phaitic Concrete (Type S-Ill) First Lift 5,157 SY $4.50 523,208.41 P-2 3/4' Asphaltic Concrete (Type S-III) Second Lift 5,157 SY 56.00 $30,944,55 P-3 6" Limercck Base (Compacted and Primed) 6,091 SY $10.00 $60,910,00 P-4 12" Stabilized Subgrade 7,385 SY 53.00 $22,155.00 P-5 Type "A" Curb 366 LF $12.60 $4,611.60 P-6 Type "F" Curb 485 LF $13.50 $6 547.50 P-7 2' Valley Gutter 3,319 LF $12.00 $39,328.00 P-8 Handicapped Curb Ramp w/Detectable Warning 4 EA $100.00 $400.00 P-9 5' Wide Concrete Sidewalk 2,433 SY $22.91 $55,736A8 P-10 Signing and Marking 1 L5 $5,000.00 $5,000.00 SUBTOTAL = $249,341.14 Packet Pg. 684 16.A.4.c Esplanade Naples - Ditillc item 0 Description Estimated Unit Unit Price Amount Quanta D-1 12" HDPE 541 LF $13.00 $9,738.00 ❑-2 15" RCP 151 LF $36.00 $5,436.00 D-3 18" RCP 730 LF $40.00 $29,200.00 D-4 24" RCP 64 LF $55.00 $3,520.00 0-5 30" RCP 641 LF 565,00 $41,665.00 D-6 15" Flared End 1 LF $1,800.00 $1,800.00 D-7 18" Flared End i EA $2 000.00 $2,000.00 D-8 24" Flared End 1 EA $2,265.00 $2,265.00 D-9 30" Flared End 3 EA $2,770.00 $8,310.00 D-10 Valley Gutter Inlet 6 EA $3,960.00 $23,760.00 0-11 Type 9 Inlet 4 EA $3,500.00 $14,000.00 0-12 Yard Drain 5 EA $900.00 $4,500.00 D-13 Type C Inlet 1 EA $2,700.00 $2,700,00 D-14 Junction Box 3 EA $1,500.00 $4,500.00 D-15 Control Structure 1 EA $8 000.00 $8,000.00 SUBTOTAL= $161,394.00 Packet Pg. 685 16.A.4.c Esplanade Naples - DiLille Estimated Item K Description lQuantity I Unit Unit Price Amount Required Buffers: LA-1 Type 8 2465 LF S25.20 574,125.00 SUBTOTAL = $74,125.00 Packet Pg. 686 16.A.4.c Esplanade Naples - DiLillc Estimated Item tl Desalptlon w I Unit I Unit Price I Amount L-1 Street Lighting is LF 52,267,37 $3 ,010.48 SUBTOTAL = 534,010.48 M O N Packet Pg. 687 16.A.4.c Co Ter Co-14 ty Growth Management Department November 1, 2017 Development Review Division Arch Insurance Company 1125 Sanctuary Parkway, Ste. 200 Alpharetta, GA. 30009 RE: Performance Bond No. SU1124552 / Taylor Morrison Esplanade Naples, LLC Esplanade Golf & Country Club Dilillo Parcel - PL20160000536 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 $817,446.04, leaving an available surety of $177,093.30. The remaining surety represents $86,680.63 in uncompleted improvements, plus the 10% maintenance security of $90,412.67. 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 MO WDSWOR7H John R. Houldsworth Senior Site Plans Reviewer With authority in these matters M O N Y Cc: Jeremy Arnold, PE, Waldrop Engineering John Asher, Taylor Morrison m Development Review Division • 2800 North Horseshoe Drive • Naples, Rorida 34104. 239-252-2400 • www.colieWvnet Packet Pg. 688 C' 16.A.4. c Decrease PENALTY RIDER BOND AMOUNT $994.53934 BOND NO. SU1141183 To be attached and form a part of Bond No. SU1141183 dated the 31st day of October, 2016, executed by Arch Insurance Company as surety, on behalf of Taylor Morrison Esplanade Naples, LLC as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the amount of Nine Hundred Ninetv Four Thousand Five Hundred Thirtv Nine Dollars and 34/100 ($994,539.34). In consideration of the agreed premium charged for this bond, it is understood and agreed that Arch Insurance Company hereby consents that effective from the 1st day of November, 2017, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Nine Hundred Ninety Four Thousand Five Hundred Thirty Nine Dollars and 34/100 ($994,539.34) TO: One Hundred Seventy Seven Thousand Ninety Three Dollars and 301100 ($177,093.30) The Decrease of said bond penalty shall be effective as of the 1st day of November, 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 17th day of November, 2017. Taylor Morr' on s lanade Naples, LLC =_ PRINCIPAL u_ BY: T an M J Arch Insurance C:e aaay T .y m BY: — Zs C , ATTtiRl� Y-IN-FACT Joshu�1W. m0 Willis of Florida, Inc. 42 Boy Scout Blvd. Ste.1000 Tampa, FL 33607 E Inquiries: (813) 281=2095- THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: Collier County, Florida OBLIGEE TITLE Packet Pg. 689 16.A.4.c AIC 0000198090 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Zurrency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Adam Martin, Aimee R. Perondine, Aiza Lopez, Ashley Sinclair, Brian Peters, Danielle D. Johnson, Donna M. Planeta, Jennifer M. Garten, Joshua Sanford, Keri Ann Smith, Michelle Anne McMahon, Nicole Ann Clark, Stacy Rivera and Stephani A. Trudeau of Hartford, CT (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any andO bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September T5, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and c other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." rn .N This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the R m unanimous consent of the Board of Directors of the Company on September 15, 2011: c VOTED, That`ignature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, o m of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the c'ecretai�;, may be affixed by facsimile on any power of attorney or bond E executed pursuant to the resolution adopted by the BoarU of Directors on September 15, 2011, and any such power so executed, 0 sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Q Company. OOMLOO13 00 03 03 Page I of 2 Printed in U.S.A Packet Pg. 690 AIC 0000198090 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 7th day of October, 2016. Attested and Certified Arch Insurance Company gr �p W 1c1't71V17 E 5rh[ IPTS Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS Mtsi4O COUNTY OF PHILADELPHIA SS FVS David M. m e stein, Executive Vice President I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. rYAl�l NwEAt f!2R NN5Y4.VIwiA NOTMX 5FAL KELEN WFRAN. Notary l�ublfc Cty of Phlladaiphits, Ptia. Court Cartrn�ston 8 OGfrsber 3.2QI 7 elen Szafran, N tary PlubliCV My commission expires 10/03/2017 CERTIFICATION 1, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 7, 2016 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this __ Lr day of Aj,akiw , 20 r7 W - Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500 f Philadelphia, PA 19102 W1ucMnTE - 4� iSIM SY7f M�Sf4➢t# OOMLOO13 00 03 03 Page 2 a12 Printed in U.S.A. Packet Pg. 691 16.A.4.c Esplanade Naples - DiLillo Parcel Opinion of Probable Cost Bond Reduction - September 2017 Original Amount Reduced 09 2017 Wastewater $266,204.25 50.00 Potable Water $83,264.00 $0.00 Sub -Total $349,468.25 $0,00 Earthwork S35,787.80 $0.00 Paving $249,341.14 $86,680.63 Drainage $161,394.00 $0.00 Landscape $74,125,00 $0.00 Lighting $34,010.48 $0.00 Site Subtotal $554,658.42 $86,680.63 Subtotal $904,126.67 $86,680.63 10% O&M $90,412.67 90,412.67 Total $994,539.34 $177,093.30 a e. 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