Agenda 12/14/2021 Item #16A23 (Extension for completion of subdivision improvements w/Esplanade Golf and Country Club of Naples PL20120001261)12/14/2021
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of required subdivision improvements
associated with Esplanade Golf and Country Club of Naples (PL20120001261) subdivision pursuant
to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
OBJECTIVE: To approve an extension for the completion of subdivision improvements associated
with the Esplanade Golf and Country Club of Naples subdivision.
CONSIDERATIONS: On May 14, 2013, the Board of County Commissioners ('Board") approved the
final plat of Esplanade Golf and Country Club of Naples for recording. The LDC requires that upon
approval by the Board of County Commissioners a plat must be recorded within 18 months and the
associated subdivision improvements must receive final acceptance within 36 months unless an extension
is formally requested and granted by the Growth Management Department. The LDC allows for two, 2-
year extensions after the original 36-month period. As such, the required improvements final acceptance
deadline expired on October 21, 2021. Since this proposed extension is beyond what is allowed by the
LDC, approval by the Board is required. The plat has been recorded and the required subdivision
improvements are substantially complete. On March 24, 2016, the Development Review Division granted
preliminary acceptance of the subdivision improvements. There is a Construction and Maintenance
Agreement for Subdivision Improvements and a Performance Bond in place as a development guaranty.
The property owner has requested that the Board approve an extension of the plat improvements final
acceptance deadline from October 21, 2021 to October 21, 2023; staff supports the two year extension
because construction was delayed due to COVID-19 and the shortage of labor and construction materials.
The applicant requested the additional two years to complete the last phases of construction, including
final lift of asphalt for Phase 1 and Torre Vista East, which is the m main construction access for the
phases at the north end of Esplanade Golf and Country Club. Once the home building and final lift of
asphalt have been completed, the applicant will submit the final acceptance documents required per the
permit. Therefore, the improvements must receive final acceptance prior to October 21, 2023 if the Board
approves this extension.
The property owner has paid all the past fees which would have been paid for normal extensions. All
fees associated with the original approval have been paid.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $150.00 Extension Fee
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -DDP
RECOMMENDATION: To approve an extension for completion of the required subdivision
improvements associated with the Esplanade Golf and Country Club of Naples (PL20120001261) until
October 21, 2023, subject to the recommendations of the May 14, 2013 approval.
Packet Pg. 1149
12/14/2021
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.23
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.23
Doe ID: 20482
Item Summary: Recommendation to approve an extension for completion of required subdivision
improvements associated with Esplanade Golf and Country Club of Naples (PL20120001261) subdivision
pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
Meeting Date: 12/14/2021
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
10/28/2021 10:41 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
10/28/2021 10:41 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management
Kenneth Kovensky
Growth Management Development Review
Brett Rosenblum
Growth Management Department
Lissett DeLaRosa
Growth Management Department
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
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Additional Reviewer Completed
Completed 11/01/2021 1:00 PM
Completed 11/04/2021 8:55 AM
Completed 11/09/2021 2:51 PM
Skipped 11/01/2021 12:55 PM
Completed 11/10/2021 12:49 AM
Completed 11/17/2021 5:18 PM
Completed 11/18/2021 8:10 AM
Completed 11/18/2021 9:51 AM
Completed 11/19/2021 4:13 PM
Completed 12/06/2021 2:39 PM
12/14/2021 9:00 AM
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16.A.23.a
ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES
LOCATION MAP
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THI CATRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
_.{q� day of _May _^,. /: 2013 between rayim Ma n 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 coif and country club of Naples
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: Vk'"131ft&b -..,U Si1J Una U
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 $ 4.s63.3a6.sa - 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 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 N
reviewed and approved by the County Manager or his designee for compliance with the Collier County 2
Land Development Code.
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5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of substantial
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completion, either: a) notify the Developer in writing of his preliminary approval of the improvements, m
therewith specifying those conditions which the Developer must fulfill in order to obtain the County c
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Manager's approval of the improvements. However, in no event shall the County Manager or his E
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. r
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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.
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16.A.23.b
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 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, 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 _1,3f:h day of _ _ % 20-2_.
SIGNED IN THE PRESENCE OF:
(Name e ' )
By:
Prin&�Iame
IQ--� -,-�,5atvld��� Y � Azrwarvr
✓dl�,�/ S{fER
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
ATTE$T� y '',
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DWIGHT E. BROCK,kCLEAK
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BOARD OF COUN COMMISSIONERS OF COLLIER
CO TY, L RID
BY:
eputy Cl6A :"' A64 as to Chairman's
ure
' tZY; Approved as to form and 1,±A��'
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PERFORMANCE BOND Bond No. 1093813
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison Esplanade Naples. ILL C (NAME OF OWNER)
551 North Cattlemen Road. Suite 20
Sarasota, Florida 34232
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
Lexon Insurance Company
12890 Lebanon Road._,
Mt. Juliet, TN 37122
(TELEPHONE NUMBER OF SURETY) (615) 553-9500__
(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 Four Million Five Hundred Sixty
Three Thousand Three Hundred Eighty Eight and 581100 Dollars ($4,563,388.58) 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 Esplanade Golf and Country Club of
Naples 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
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16.A.23. b
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 13t' day of May, 2013.
WI NESSES
(Owner Name and Title if Corporation)Taylor Morrison Esplanade Naples, LLC
By: V%&A PAZSt04.qP%'-
'nted Name
Printed Name/Title
I3f
Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
120 , BY (NAME OF
ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO
ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
IW ITNESSES: I (Surety Name and Title if Corporation) Lexon Insurance Company
By:
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Printed Name
I Linda Horn
By:
Jinin DeFrancesco
Printed Name/Title
Carol H. Hermes, Attorney -in -Fact Et FL Licensed Resident Agent
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Hillsborough
UO WILIS, OF FLORIDA
COW BAYPORT DRIVE, #300
TAMPA, FL 33607
INQUIRIES: (813) 281-2095
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 131' DAY
OF May, 2013, BY Carol H. Hermes AS Attorney -in -Fact OF Lexon Insurance Company, WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
Printed Name: Margaret A. Gin/em
MARGARETA. GINEM
;.: Commission # EE 046816
ro Expires January 8, 2015
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16.A.23.b
POWER OF ATTORNEY
Lexon Insurance Company Lx 067202
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office
Louisville, Kentucky, does hereby constitute and appoint: Carol H. Hermes, David H. Carr, Anett Cardinale * * * * *
its true and lawful Attorney(s)- I n- Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXO
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemni
or other writings obligatory in nature of a bond not to exceed $ 5,000,000.00 Five million dollars'•••"•'sasssssass.as•ssssaassssassaaassssaasasn
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution
such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by &
regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so grantE
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attornE
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any suc
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any suc
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attache(
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and ii
Corporate Seal to be affixed this 21st day of September, 2009.
0RANCF LEXON INSURANCE COMPANY
A
Z• TEXAS •• D
O:
Xj INSURANCE
COMPANY �' z BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 21 st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, dil
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the abova
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MALTtEEN X AYE
Notary Public, State of Illinois,t✓
My Commission Expires 09/21/13 Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFN
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked anc
the resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this Day of 20 13
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TEXAS
INSURANCE �z
COMPANY
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Philip G. Lauer
Assistant Secretary
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"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerni
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Packet Pg. 1158
16.A.23. b
CERTIFICATE OF INCUMBENCY AND AUTHORITY
TAYLOR MORRISON OF FLORIDA, INC.
I, the undersigned, hereby certify as follows:
1. I am the Assistant Secretary of TAYLOR MORRISON OF FLORIDA, INC., f/k/a Taylor
Woodrow Homes Florida Inc., a Florida corporation (the "Corporation").
2. The Corporation is duly organized and existing under the laws of the State of Florida.
3. In conformity with the provisions of the Corporation's Articles Of Incorporation, as amended, and
Bylaws, the following individuals have been elected officers of the Corporation:
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Andruss, Derek L.
Vice President
Boyd, Calvin
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Treasurer, Vice President o
Campbell, Michelle M.
Vice President L)
Earl, Steven R.
Vice President
Estrada, Caroline G.
Assistant Secretary 0
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Iqbal, Anas
Vice President
Johnson, Maurice B.
Vice President
Kempton, John Steven
Vice President y
Lee, Sang P.
Vice President w
Longenecker, Cammie Larhae
Vice President g
Mansfield, Michael E.
Vice President
Menzel, Jeff
Vice President w
Merrill, S. Todd
Assistant Secretary o
Miller, Douglas D.
Vice President '>
Rushnell, Devon S.
Vice President
Sherman, Darrell C.
Secretary, Vice President co
Squitieri, Anthony
Vice President co
Steffens, Louis E.
President
Wethor, Stephen J.
Vice President y .y
White, Jonathan
Vice President m
Wilmeth, Richard M.
Vice President c
Wright, John Asa
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Vice President m
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4. It is within the scope of authority of the President or any Vice President listed above to execute E
documentation on behalf of the Corporation, including
without limitation, contracts, applications for 0
utilities and permits, and documents to convey real and personal property.
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16.A.23.b
IN WITNESS WHEREOF, 1 hereunto subscribe my name on July f , 2012.
S. Todd Merrill
Assistant Secretary
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
This instrument was acknowledged before me on July "b� , 2012, by S. Todd Merrill, Assistant
Secretary of Taylor Morrison of Florida, Inc., on behalf of said corporation. He is personally known to
me.
Notary lic — State of Florida
Notary Public 3ts'a of Florida
T Elalne A 3t llc
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June 9, 2014.
PAS. Carol Hle rne.s, Attorney -in -Fact
Lexon Insurance Co]nrp'au,y
12890 Lebanon Road
A✓It. Juliet, TN. 371.22
RE: Perforrnancee Bond.Nu. 1093813 / Taylor .MOMISMI
Esplanade Golf & Country C hib o; f Naples Phase -Me
Dear Ms. Hermes,
Please be advised that based on the: W014, completed arnd inspected to (fate, the subject
Performance Bond rna;y now be reduced by $ ,888, 90.33, leaving .an available balance of
$674,798,25. An original flond Ricte:r should be submitted to this office reducing the value of the
security., all other tens and conditions of t:he Original Perfbr-rna.-nce Bond to rean.ai:n in full force
and effect".
If I can be of axay :furth.esr assistance to you in this regard, please let: rae kdimv.
Sincerely,
John R. Ho uldlsworth
Senior Site Plans Reviewer
With authority iri. these matters
Cc: Jeremy Arnold, P`B, V124drop Engineering
l��rrd lA�,rx �{xne-ot :ir:r+roes - 28CCC Norlh 0-loret ,,hoe- Drive • Neale^ce, Floridt� 24104 • 2:3:3-252.-2�aJ • e�nnve..ex�lEergov.cSCt
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Decrease PENALTY RIDER
BOND AMOUNT $4,563,388.58 BOND NO. 1093813
To be attached and form a part of Bond No. 1093813 dated the 13th day of May, 2013,
executed by Lexon 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 Four Million Five Hundred Sixty Three
Thousand Three Hundred Eighty Eight Dollars and 58/100 ($4,563,388.58).
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Lexon Insurance Company hereby consents that effective from the 9th day of
June, 2014, said bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Four Million Five Hundred Sixty Three Thousand Three Hundred Eighty
Eight Dollars and 58/100 {$4,563,388.58)
TO: Six Hundred Seventy Four Thousand Seven Hundred Ninety Eight Dollars
and 25/100 ($674,798.25)
The Decrease of said bond penalty shall be effective as of the 9th day of June, 2014, 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 9th day of June, 2014.
Taylor Morrison of Florida, Inc.
PRINCIPAL
Lexon Insurance Comnan
S RI7
BY: ' V
nett Cardinale, Attorney-in,F:96.1..
& Florida Licensed Resident Agent
C/O WILLIS OF FLORIDA
4211 W. BOY SCOUT BLVD, #1000
TAMPA, FL 33607
INQUIRIES.- (813)281-2095
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POWER OF ATTORNEY 16.A.23.b
Lx- 206404
Lexon Insurance Company
KNOW ALL MEN BY THERE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint:
David H. Carr, Anett Cardinale, Margaret A. Ginem*************
**************************************************************************************************************************
its true and lawful Atto rney(s)-I n- Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $ 2,500,000.00, Two -million five hundred thousand dollars, which the Company might execute
through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be
as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any
Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of
Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,
and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed
and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and
binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 21st day of September, 2009.
y%WANCgC
JOB` GC�P0rf,
SEAL
RCH is. . r
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
On this 21't day of September, 2009, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he
executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
„an.up
AMY L. TAYLOR JVAA�
OF Notary Public- State of Tennessee BY IIIJJJ
_ = Davidson County Amy Q Taylor
' My Commission Expires 01-09-16 Notary Public
CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that
the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this � L Day of J(V7f? , 29-1.
RyVANCFe
p�`� pRPoFtq O�0
SEALS
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BY �5zz
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of clairr
containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
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Co ter C014Hty
Growth Management Department
Development Review Division
May 31, 2017
Ms. Carol Hermes, Attorney -in -Fact
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN. 37122
RE: Performance Bond No. 1093813 / Taylor Morrison
Esplanade Golf & Country Club of Naples Phase One
Dear Ms. Hermes,
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $16,331.49, leaving an available balance of
$658,466.76. The remaining balance represents $414,853.51 as the required 10% maintenance
guaranty, plus $243,613.25 in uncompleted paving and sidewalk improvements. 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,
0q0/uc Omoulc6wott/i
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jeremy Arnold, PE, Waldrop Engineering
T
Development Review Dmslon • 2800 North Horseshoe Drive • Naples, Rorida 34104.234252-2400 • wwwooliergovnet
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ESPLANADE GOLF AND COUNTRY
CLUB OF NAPLES
PHASE 1 OPINION OF PROBABLE COST
SUMMARY
% Bond
Revised Bond
Bond Amount
Reduction
Bond Reduction
Amount
Earthwork
$129,358.94
100.0%
$129,358.94
$0.00
Paving
$1,067,856.84
77.2%
$824,243.59
$243,613.25
Wastewater
$1,297,494.86
100.0%
$1,297,494.86
$0.00
Water
$703,386.81
100.0%
$703,386.81
$0.00
Drainage
$432,661.50
100.0%
$432,661.50
$0.00
Irrigation
$461,346.12
100.0%
$461,346.12
$0.00
Lighting
$56,430.00
100.0%
$56,430.00
$0.00
10% Maintenance
$414,853.51
0.0%
$0.00
$414,853.51
Total $4,563,388.58 $3,904,921.82 $658,466.76
Notes:
1) This Opinion of Probable Cost (OPC) shall be used for Permitting Purposes Only.
2) This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and
construction costs in effect on the date of this document. Interpretations of these construction costs may
affect this OPC, and may require adiustments to delete, decrease, or increase portions of this OPC.
3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit
costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in
the cost of concrete, petroleum, or the availability of materials and labor.
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Packet Pg. 1165
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Decrease PENALTY RIDER
BOND AMOUNT $674,798.25 BOND NO. 1093813
To be attached and form a part of Bond No. 1093813 dated the 13'b day of May, 2013,
executed by Lexon Insurance Company_ as surety, on behalf of Taylor Morrison
Esplanade Nap_ le_s� LLC as current principal of record, and in favor of _Collier County,
Florida, as Obligee, and in the amount of Six Hundred Seventy Four Thousand Seven
Hundred Ninety Eiaht Dollars and 25/100 ($674,798.25}.
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Lexon Insurance Company hereby consents that effective from the 315t day of
May, 2017, said bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Six Hundred Seventy Four Thousand Seven Hundred Ninety Eight Dollars
and 25/100 ($674,798.25)
TO: Six Hundred Fifty Eight Thousand Four Hundred Sixty Six Dollars
and 76/100 ($658,466.76)
The Decrease of said bond penalty shall be effective as of the 31" day of May, 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 2nd day of June, 2017.
Taylor Morrison Esplanade Naples, LLC ad
PRINCIPAL N
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BY: -L
Andrew "Drew" l++l+uef j Autl,nr=-ed bec
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Lexon Insurance Comnanv 00
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/ TY a
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BY:
Anett Cardinale, Attorney -in -Fact & a
Florida Licensed Resident Agent
c/o Willis of Florida, Inc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
Inquiries: (813) 281-2095
Packet Pg. 11 76
16.A.23. b
AIC 0000215394
THIS POWER OFATTORNEY 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
Knons 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:
Anett Cardinale, Brandy Baich, David H. Carrleen C. Heard and Margaret A. Ginem of Tampa, FL (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 and all 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 tit rincipal 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 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, Tha lWChairman 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
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
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:
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 seal of the Company, and certifications by the Secretary, may be Fixed 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.
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AIC 0000215394
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 27" day of April. 2017.
Attested and Certified Arch Insurance Company
fU1.� S M
Patrick K. Nails, Secretary
STATE OF PENNSYLVANIA SS �[stcyt{
COUNTY OF PHILADELPHIA SS
David M. inTce stein, Executive Vice President
I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Pinkelstein 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.
ajsMor,rweat_rt+ 011t r<urfNmri,vnNia
NOTAR,AL SEAL
HELEN SZAFRAN, Notary Public
Cl Phl!a alphie, i Cain'y
M Corrxnimion E Ires 0=l:et 3. N 17
eien Szafran, N tary ubli
My commission expires 10/03/2017
CERTIFICATION
I. Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated April 27, 2017
on behalf of the persons) 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 TE T,�I ONY WHE, OF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on
this u day of v 1 20 /
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 rg��3rnC�i C8
Philadelphia, PA 19102
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OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.
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Co 787 4Co1414ty
Growth Management Department
Development Review Division
February 25, 2020
Ms. Carol Hermes, Attorney -in -Fact
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet. TN. 37122
RE: Performance Bond No. 1093813 / Taylor Morrison
Esplanade Golf & Country Club of Naples Phase One - PL20120001261
Dear Ms. Hermes,
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $221,740.37. According to our records, this will
leave an available balance of $436,726.39. This amount represents the required 10%
maintenance security of $414,853.51, plus $21,872.88 in uncompleted paving improvements.
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".
This reduction will not be in effect until such time as we receive the original Bond Rider.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
77
.9oAn ()Youlat3wortfi
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jessica Linn, Waldrop Engineering
DeveloMnent Renee+ Moon - 2800 North Horseshoe Drw - Naples, Flaida 34104.239-252-2400 - wwv collieroountyR gw
Packet Pg. 1169
16.A.23. b
Decrease PENALTY RIDER
BOND AMOUNT $658,466.76 BOND NO. 1093813
To be attached and form a part of Bond No. 1093813 dated the 13th day of May, 2013, executed by
Lexon 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 Six Hundred Fifty Eight Thousand Four Hundred Sixty Six Dollars and 761100 ($658,466.76).
In consideration of the agreed premium charged for this bond, it is understood and agreed that
Lexon Insurance Company hereby consents that effective from the 25th day of February, 2020,
said bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Six Hundred Fiftt-Eight Thousand Four Hundred Sixty -Six Dollars and 761100
($658,466.76}
TO: Four Hundred Thirty -Six Thousand Seven hundred Twentv-Six Dollars and 39/100
($436,726.39}
The Decrease of said bond penalty shall he effective as of the 25th day of February, 2020, 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 6th day of March, 2020.
Tavlor Naples, LLC 04
PRINCIPAL 00
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BY:
1�GwbUrIc �n�nrrDr+.,J(� y
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Lexon Insurance Company m
SURETY =
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BY: m
us anford, ATTORNEY -IN -FACT =
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POWER OF ATTORNEY
9349
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in
Austin, Texas, does hereby constitute and appoint: Donna M. Planeta, Joshua Sanford, Aimee R. Perandine, Aiza Anderson, Danielle D.
Johnson, Michelle Anne McMahon its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety,
any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1 st day of July, 2003 as follows;
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $10,000,000.00, Ten Million dollafs, which the Company might execute through its duly
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 22nd day of June, 2018.
LEXON INSURANCE COMPANY
BY
Brian Beggs
President
ACKNOWLEDGEMENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed
said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
y TA AMY TAYLOR
f� hOR�•
Notary Public- State of Tennessee BYJ0AAq4a4kaV_
_
_Z_ c Davidson County Amy ylor
My Commission Expires 5-9-2023 Nota Public
CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this 61 fh Day of <<rG 4 , 20Z ef', .
BY _
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of
claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto,
commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties"
T
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