Agenda 04/12/2022 Item #16A 7 (Resolution - Final Plat Dedications Esplanade Golf & Country Club of Naples Phase 5)04/12/2022
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 Phase 5 Parcels “I”, “J”, “K1”, “K2”, “K3” and “K4”, Application
Number PL20180003694; and authorize the release of the maintenance security in the amount of
$440,856.15.
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 December 10, 2019, the Growth Management Department granted preliminary acceptance of
the roadway and drainage improvements in Esplanade Golf and Country Club of Naples Phase 5
Parcels “I”, “J”, “K1”, “K2”, “K3” and “K4.”
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 March 7, 2022,
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 $440,856.15 will be released upon Board
approval. The original security in the amount of $1,968,427.41 has been decreased to the current amount
of $440,856.15 based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated May 21, 2019.
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 Phase 5 Parcels “I”, “J”, “K1”, “K2”, “K3” and “K4”,
Application Number PL20180003694, and authorize:
1. 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
16.A.7
Packet Pg. 664
04/12/2022
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.7
Packet Pg. 665
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 21548
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 Phase 5 Parcels “I”, “J”, “K1”, “K2”, “K3” and “K4”,
Application Number PL20180003694; and authorize the release of the maintenance security in the
amount of $440,856.15.
Meeting Date: 04/12/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/07/2022 11:47 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
03/07/2022 11:47 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/07/2022 12:40 PM
Growth Management Department Diane Lynch Growth Management Department Completed 03/07/2022 2:46 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/09/2022 10:27 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/18/2022 8:50 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:27 PM
Growth Management Department Trinity Scott Transportation Skipped 03/07/2022 2:55 PM
Growth Management Department James C French Growth Management Completed 03/18/2022 2:00 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/22/2022 5:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/23/2022 8:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/23/2022 11:12 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 1:34 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/28/2022 8:58 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.A.7
Packet Pg. 666
ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES PHASE 5 – PARCELS I, J,K1, K2, K3, & K4
LOCATION MAP
16.A.7.a
Packet Pg. 667 Attachment: Location Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
>f 20 1^1 between T.yi0rM0,r„onE»0ianag«Napla, llc hereinafter
THIS CONSTRUCTION
entered into this 2-r day of
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: Esplanaae 6011 and CountrvClub°f Nap|es Phase 5 parcels t "j*. "kv. -K21'. ”K3" and "m-
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 herein after set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: all required improvements____________________________________
within twelve(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 $1 966,427 41 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% 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.
16.A.7.b
Packet Pg. 668 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
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 2_\ vV day of vA^, 20_a3_V\
•IGNED IN THE PRESENCE OF:
/Inife* jvQJSf-
TUe-
(Name of Entity)
Taylor Morrison Esplanade Naples, LLC
By:
•timothy Martintow*
Witness.-H m/l/
Printed Name:
Vice President
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)Aef'
ATTEST:
BOARD OF COUNTY COMMISSIONERSCRYSTAL K. KINZEL, CLERK
OF
IER COUNTY, FLP8IDA
ZfeXJLxo. C.By:By:gjjagDepi LIAM L. MCDANIEL, JR.'CHAIRMAN
Approvegjgiyfotomly.nd legality:
-
SALLY A. ASHKAR
Assistant County Attorney
16.A.7.b
Packet Pg. 669 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
Bond No. SU1153542
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison Esplanade Naples, LLC
551 N. Cattlemen Rd. #200
Sarasota, FL 34232
(hereinafter referred to as "Owner") and
Arch Insurance Company
Harborside 3, 210 Hudson Street, Suite 300
Jersey City, NJ 07311-1107
(201) 743-4000
(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 one million, nine hundred and sixty-eight
thousand, four hundred and twenty seven dollars, and forty-one cents ($ 1,968,427.41 ) 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 Phase 5
Parcels "I", "J", "Kl", "K2", "K3" and "K4" and that certain subdivision shall include specific
improvements which are required by Collier County Ordinances and Resolutions
(hereinafter "Land Development Regulations"). This obligation of the Surety shall commence
on the date this Bond is executed and shall continue until the date of final acceptance by
the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during the guaranty period established by
the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and
save harmless the County from and against all costs and damages which it may suffer by reason of
Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the
County may incur in making good any default, then this obligation shall be void, otherwise to remain in
full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements
shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration, addition Or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and
the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
16.A.7.b
Packet Pg. 670 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
day of December / 2o _18_______.11ththis
Taylor Morrison Esplanade Naples, LLCWITNESSES:
By;By:
f Andrew "Drew" Miller, Authorized Agent - Land Developmentf. St* I
Printed Name
(Provide Proper Evidence of Authority)By:
Printed Name
ACKNOWLEDGEMENT
i
<Sa rn so
STATE OF
COUNTY OF
l3>-THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
\)pr*=>lSY^ b20 l P
DAY OF
, BY ANDREW "DREW" MILLER AS AUTHORIZED AGENT - LAND
DEVELOPMENT OF TAYLOR MORRISON ESPLANADE NAPLES, LLC WHO IS PERSONALLY KNOWN TO ME.
OR HAS PRODUCED AS IDENTIFICATION.
Rp/C \dc\
(SEAL)
Notary Public - State of
Printed Name
SURETY ACKNOWLEDGEMENT
(Surety Name and Title if Corporation)WITNESSES:Arch Insurance Company
)—-
Samuel E Begun
Danielle D. Johnson, Attorney-In-Fact,
FL Licensed Non-Resident Agent, License No. W349974
Printed Name Printed Name/Title
By:(Provide Proper Evidence of Authority)
c/o Willis ot Flondf Inc.
4211 W. Boy Scout Blvd
Tampa, fl 33607
Inquiries. (813) 281-2095
Eric Strba Ste. 1000
Printed Name
16.A.7.b
Packet Pg. 671 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
NOTARY ACKNOWLEDGMENT
STATE OF CT
county of Hartford
11thTHE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
day of December . 2018 , by
ACKNOWLEDGER) AS
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION.
Danielle D. Johnson (NAME OF
(TITLE) OF Arch Insurance CompanyAttorney-In-Fact
N/A AS
CTNotary Public - State of
(SEAL)BETHANY STEVENSON
NOTARY PUBLIC-CT 177501
MY COMMISSION EXPIRES SEPT. 30,2023Beth&ay Stevenson, Notary Public
Prmted Name/
(Ord. No. 15-44, §3.N)
16.A.7.b
Packet Pg. 672 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
=1m--==±r. ^
jfp M
AIC 0000259342
7H/S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND.
'^ISgFF T/ms 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 Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential
Value Guarantees.
■ip=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:
— • • *■’
• -
Aimee R. Perondine, Aiza Anderson, Bethany Stevenson, Brian Peters, Danielle D. Johnson, Donna M. Planeta, Eric Strba, Jenny
Rose Belen Phothirath, Joshua Sanford, Jynell Marie Whitehead, Lorina Monique Garcia, Mercedes Phothirath, Michelle Anne
McMahon, Samuel E. Begun and Tanya Nguyen 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 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 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 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:BESS
“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 attomeys-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:
.rV- - ...
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 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.
a
-
0OML0O13 00 03 03 Page 1 of 2 Printed in U.S.A.
m mi ~rSF;
=§~
16.A.7.b
Packet Pg. 673 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
AIC 0000259342
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 4^ day of October, 2018.
Arch Insurance CompanyAttested and Certified
**
UJUtMAYt \ "O
IoSLAi1«*n
David M. FTfTReTstein, Executive Vice PresidentPatrick K. Nails, Secretary
Ntssuri
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Michele Tripodi, 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.COMMONWEALTH Of W—TUVAM1A
NOTAXIAL SEAL
MCMEU TKKW. Noury MWIc
City a# PMUd#tpM*. MU. County
Wy Cowwtgton Up»w July ». 1021 jJl *4^»—4#
MichelATrip^di, Notary Public/ 1
My commission expires 07/3172021
CERTIFICATION
I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated October 4.
2018 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
th*s _j_£_day of^M-ceJM^c**- 20 (v
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
Philadelphia, PA 19102
UJUlMATt \
IoStAI
1»71
UtMOtfrf
00ML0013 00 03 03 Ffcge 2 of 2 Printed in U.S.A.
16.A.7.b
Packet Pg. 674 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
c,lfln Covmty
March 21- 2020
Grou/fr Management Division
Planning & Regulation
Land Development Services
Arch Insurance Company
Harborside 3,210 Hudson St., #300
Jersey City, NJ.073I I-l107
RE: Perfbrmance Bond No. SU I 153542 / Taylor Morrison
Esplanade Goll& Country Club PPL #5 PPL20180003694
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject
Perlbrmance Bond may now be reduced by $1,527,571.26 leaving an available surety of
$440,856.15. The remaining surety represents $261.908.20 in uncompleted improvements, plus
the l0% maintenance security of $ I 78,947.95.
An original Bond Rider should be submitted to this oltlce reducing the value of the security, all
other terms and conditions olthe original Performance Bond to remain in full lorce and effect".
If I can be ofany lurther assistance to you in this regard, please let me know.
Sincerely.
loHN HOUTDSWORT H
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jeremy Arnold, PE, Waldrop Engineering
John Asher. Taylor Morrison
Lad oercloprTEnt Ssvices . 2800 North Horseshoe Drive ' Naples, Florida 34104 ' 239-252-2400 ' $/ww.colliergov.net
16.A.7.b
Packet Pg. 675 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
Esplanade Golf & Country Club of Naples - Phase 5
PPLA (Parcels l1B, 12, K3, & K4)
inion of.Probable Cost - For Bonding PurposesOp
R€v01
March 11,2020
1) ThirOpi.ion oI PEb.bl.Co!r(OPC)thtLLh. ut.d to. c*6itlr^3 purpor.! onlv
2JThirOPCitb.t.d.nth..6t,n..lrvn..rtl.i.nao,rh.tu.6r'ul't,"tsltrori"dii'6r'
rh.d.r.otrhirdo.ui.^r.rnt.'pr.l.liorrolrh.t.ofti.u.lo^ro'ti.Y.l'..lrhsoP',rrdhtv4q!n"dlcnn!nlllod'|.r''
d.cr..,., o.l..r.r. ,.rtiont ol$n oPC
3)All.onrprcvid.dinrn&oPcn.b.r.do^8..ir.6^k.dpn..t,crth...an"/5n.ntno*^u^n'ot3r^'
au.E.r..d.r thlr iii.d@ro !.prdi.r.bi..^d u.@^lrorlrll. r^Gr..t.t ii li..ono,.o"Er' o'tror'uo, o
Flor da Llcen5e 18524
ccA !8635
RemalnlngCompleted at
ol $lr7l2o2O
Prr.els 118 & t2
Loop)
lCa.rctto Oriv. &
Tullpano
& r(4
s0.00
50-00
50.00
s400,948.65
5289,220.30
s690,158.95
s284,251.55
s193,390.00
s116,697.00
s9s,830.30
SUBIOTAL.
s40o,948.6S
5289,220.30
s69 168.95
s0.00
|
t261,908.20
s0,00
30.00
s0.00
526r,908.20
511,r89.00
5269,689.90
s321,459.41
s139,254.00
975,200.00
9837,{02.3r
DreinaSe
lriEetion
l Ehr'n8
s20,575.00
5315,919.40
s18S,892.00
585,602.C0
s48,128.C0
5rl,2r4.00
s21a,614.10
s135,567.41
ss2,562.00
s27,072-CO
SUBTOiAI "
s!1,789.00
5531,998-10
932r,459.41
s1r9,254.00
575,200.00
1 ll0,5l
$261,908.20s1,,527 ,57 t.26TOTAL = sr,789,479.46
s178,947.9910x O&M . 5178,947.95
s44O,856.15s1,527,s71.26GRANO lOTAt. 51,968,427-4!
SUMMARY
s1AlE 0f
,l Itll
16.A.7.b
Packet Pg. 676 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
Decrease PBNALTY RIDER
BOND AMOUNT $1.968.427.4t BOND NO. SUr r53s42
To be attached and form a part of Bond No. SUl153542 dated the llth day of December,M,
executed by Arch Insurance Company as surety, on behalf of Tavlor Morrison Esplanade Naples.
LLC as current principal of record, and in favor of Collier Countv. Florida, as Obligee, and in the
amount of One Million Nine Hundred Sixtv Eight Thousand Four Hundred Twenty Seven Dollars
and 411100 ($1.968.427.41).
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 24th day of March, 2020, said
bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: One Million Nine Hundred Sixtv-Eisht Thousand Four Hundred Twenty-Seven Dollars
and 4l1100 ($1.968.427.41)
The Decrease of said bond penalty shall be effective as of the 24th day of !!4[, 2020, and does
hereby agree that the continuity ofprotection 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 24th day of March, 2020.
PRINCIPAL
Arch Insurance Company
SURETY
lbrd, ATTORNEY-lN-FACT
TO: Four Hundred Forty Thousand Eieht Hundred Fifty-Six Dollars and 15/100 ($440.856.15)
Tavlor Morrison Esplanade Naples. LLC
16.A.7.b
Packet Pg. 677 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
Atc 000030308'l
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLUE BACKGROUND,
This Power of Attorney limits the acfs 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 Note, Loan, Letter of Credit, Currency Rate, lnterest Rate or Residential
Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch lnsurance 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:
its true and laMul 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
Ninetv Million Dollars ($90,009p00-0O.
This authority does not permit the same obligation to be split into two or more bonds ln 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 Attomey is executed by authority of resolutions adopted by unanimous consent of the Boerd of Directors of the Company
on September 15,201 1, true and accurate copies of which are hereinaftersetforth and are herebycertified to bythe undersigned
Secretary as being in full fore,e 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'' other sr,rrotyobligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
This Powerof Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanirnous 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 affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15,2Q11, 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.
00M1001 3 00 03 03 Page 1 ot 2 Printed in U.S.A.
Aimee R. Perondine, Aiza Anderson, Bethany Stevenson, Danielle D. Johnson, Donna M. Planeta, Eric Strba, Joshua Sanford,
Mercedes Phothirath, Michelle Anne McMahon, Samuel E. Begun and Tanya Nguyen of Hartford, CT (EACH)
16.A.7.b
Packet Pg. 678 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
Atc 0000303081
ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this Zl day ol February,2O4.
Attested and Certified Arch lnsurance Company
h!.+-^
David [,
W
n, Executive Vice President
COUNry OF PHILADELPHIA SS
I, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personatty known to me to be the
same p€rsons r,vhose names are respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a
CorpoElion organized and existing und€r the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged lhat they being thereunto duly authorized signed, sCalea wilh 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 ior the uses and
purposes therein set forlh.
Patrick K. Nails, Secretary
Arch lnsurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19'102
oF PAts[YLYlr0A
I, Patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Februarv 7.
202Q on behalf of the person(s) as listed above is a true and conect copy and that the same has been in full force inO efect since ttre
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 lnsurance Company.
vl
Michel T , Notary Publ
My com ission expires 07/31 021
CERTIFICATION
lhis Zt day ot
IN TESTI[,4ONY WHERE , I have hereunto subscrib€d my name and affixed the corporate seal of the Arch lnsurance Company on,202o.
Patrick K. Nails, Secretary
.l;
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named thereio and ihey hav--
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 FOLLOwlNG ADDRESS:
lutttn
lbr*d
x)Tltlrl $afrG.I!lem, ltolI hlttE
CBd 't{.a.9ht . rrL. Car\ly
ry C-Et Lreatr rr, !. lfnl
ttttrt
C€
ILroud
00M10013 00 03 03 hge2ol2 Printed in U.S.A.
STATE OF PENNSYLVANIA SS
16.A.7.b
Packet Pg. 679 Attachment: Bond Basis (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
16.A.7.c
Packet Pg. 680 Attachment: Resolution (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
16.A.7.c
Packet Pg. 681 Attachment: Resolution (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5 Parcels I, J, K1, K2, K3 and K4)
16.A.7.dPacket Pg. 682Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 683Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 684Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 685Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 686Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 687Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 688Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 689Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 690Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 691Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 692Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 693Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5
16.A.7.dPacket Pg. 694Attachment: Plat Map (21548 : Final Acceptance - Esplanade Golf and Country Club of Naples Phase 5