Agenda 04/11/2023 Item #16A 4 (Resolution - Final acceptance of the private roadway and drainage improvements for the final plat of Valencia Lakes)04/11/2023
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Valencia Lakes - Phase 6-A, Application Number AR-5383 and
PL20110001980, and authorize the release of the maintenance security in the amount of $76,104.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, and release the maintenance security.
CONSIDERATIONS:
1) On July 2, 2019, the Growth Management Department granted conditional final acceptance of the roadway
and drainage improvements in Valencia Lakes - Phase 6-A.
2) The roadway and drainage improvements will be privately maintained.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on February 13, 2023, 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 privately maintained. The existing security
in the amount of $76,104 will be released upon Board approval. The original security in the amount of $274,436.81
has been reduced to the current amount based on the work performed and completed pursuant to the terms of the
Construction and Maintenance Agreement dated April 13, 2007.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote
for Board approval. - DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Valencia Lakes
- Phase 6-A, Application Number AR-5383/PL20110001980, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Project Manager 1, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
I Packet Pg. 285
04/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doe ID: 24779
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements for the final plat of Valencia Lakes - Phase 6-A, Application Number AR-5383 and
PL20110001980, and authorize the release of the maintenance security in the amount of $76,104.
Meeting Date: 04/11/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
03/13/2023 7:50 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
03/13/2023 7:50 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Jaime Cook
Division Director
Growth Management Operations & Regulatory Management
Michael Stark
Growth Management Department
Diane Lynch
Growth Management Department
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
Ed Finn
CM0 Completed
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
03/13/2023 8:01 AM
Completed 03/13/2023 8:07 AM
Completed 03/13/2023 8:48 AM
Additional Reviewer Completed
03/13/2023 9:24 AM
Completed 03/13/2023 11:27 AM
Completed 03/14/2023 2:49 PM
Completed 03/20/2023 9:08 AM
Completed 03/20/2023 9:13 AM
Completed 03/20/2023 9:42 AM
Completed 03/20/2023 3:03 PM
03/21/2023 1:40 PM
Completed 03/24/2023 3:02 PM
04/11/2023 9:00 AM
I Packet Pg. 286 1
VALENCIA LAKES - PHASE 6-A
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I Packet Pg. 287 1
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION UqPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
"ROVEMENTS entered into this 3 day of 2007, between Beazer
Homes Corporation 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 a certain plat of a subdivision to be known as: Valencia Lakes Phase
M
6-A a.
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
2
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: roadways & stormwater drainage
within 12 months from the date of approval said subdivision plat, said improvements hereinafter S
LL
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 hereoo in the amount of $274,436.81 which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate cost
0
of to complete the required improvements at the date of this Agreement. ca
3. In the event of default by the Developer or failure of the Developer to complete
E
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.
Pagel of3
I Packet Pg. 288
5. The County Manager or his 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 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. :R
C6
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 Collier
County 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
A
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
0
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
E
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or his designee may call upon
the subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of
bids, the improvements required herein. The Developer, as principal under the subdivision
Page 2 of 3
I Packet Pg. 289 1
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,%krith 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 3-rh— day of Art, 2007.
SIGNED IN THE PRESENCE OF:
Print Name:
(511K Ma"
Print Name: 3anirrile Pi
ATTEST:.
DWIGIJ,r��F,,- 00k'Clerk
Appro as to form and legal sufficiency
Jeff E. IV igM, Assistant County Attorney
Approved Form — JAK — February 2006
Beazer Homes Corporation
By:
Keith Berg, Vice Pr�'e�ht of Land
BUld'MR-10 OF C01VITTCOITITISSM-MERT-S
OF COLLIER COUNTY, FLOR.11DA
By:
Chairman
Page 3 of 3
I Packet Pg. 290 1
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
BEAZER HOMES CORPORATION
13100 WESTLr'4XS TERRACE, UNIT I
FT. MYERS, FL 33913
(hereinafter referred to as "Owner") and
SAFECO INSURANCE COMPANY OF AMERICA
2800 W. HIGGINS ROAD — SUITE 1000
HOFFMAN ESTATES, EL 60196
(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 Two Hundred Seventy Four Thousand Four Hundred Thirty Six Dollars
and Eighty One Cents ($274,436.81) 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 VALENCIA LAYMS PHASE 6-A 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.
I Packet Pg. 291
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this I I th day of
January, 2007.
Witness Signatur
'o
_W-itaess Print name or Type
Witness Signature
-Pep- vall-t
WAVess Print namVf Type
Witness S�griature
Irene Laaz
Witness Print name or Type
STATE OF tFz L-C�' 0- k 'L" a, -
COUNTY OF—L-.i:--- (-=
BEA�ER MES CORP.
4Gitl�'Rerg,ice President of Land
SAFECO INSURANCE COMPANY OF
, As-�
la ore, Attomey-In-Fact
F cerise: A183300
The foregoing instrument was acknowledged before me this day of
2007, by Keith Burg,
Vice President of Land, Beazer Homes Corporation, who is am to me. a ha's produced
as identification.
-�-(Signatur-,�,76fl�otary
GE-IORGE D. SEIFERTH
y P State of
.A. A�r— C-4.1-0 06-A" 2S
. rioM r
A"Cammm&Dp�wS"26,Nio
CwmftWW # DD 590=
NOWW-NOW1 AWL
(SURETY'S NOTARY BLOCK)
STATE OF Illinois
COUNTY OF, DuPage
(Print, Type, or Stamp Commissioned
Name of Notary Public)
The foregoing instrument was acknowledged before me this 1.1tida jamuwzy 2007,by-.TFL7nes T.-
-Moor-e—,_Attorney-in-Fact 'whols ersonally known tome or has
produced _hijuself as identification.
"OFFICfAl- SEAL" (Signature of 14o�arxy Public
PEGGYFAUST State of Illinois
NOtM Public,S of 1511nols
Peggy Fa-ust
JWY COMM1821on Ex I
G. 1,29
(Print, Type, or Stamp Commissioned
Name of Notary Public)
I Packet Pg. 292 1
S A F E C POWER
F OF A7rORNEY
r 21
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMERlCA
GENERAL I NSU RANCE COMPANY OF AM ERI CA
HOMEOFFICE SAFECOPLAZA
SEATTLE, WASHINGTON 98165
No. 13137
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
STEPHEN T XAZMER� JAI,,ES I. MOORE� CHRISTINE WOODS� IRENE DIAZ; BONNIE KRUSE; DAWN L. MORGAN, PEGGY FAUST, KELLY A JACOBS,
ELA1NE G MARCUS; IENNIFER J. MCCOIN01 MELISSA SCHMIDT; MARY BETH PETERSON; HEATHER BECK; Countryside,
its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issu ed in the course of its business, and to bind the respective company thereby,
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 19th day of January . 2005
0* .14
CHRISTINE MEAD, SECRETARY ICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Atlicle V, Secti on 13. - FI DELITY AND SUR ETY BONDS . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by th e off icer in charge of surety operations, shall each have authority to appoint individuals as attorn eys-in -fact or under other appropriate titles with
authority to execute or behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business.. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced. provided.
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Boardof Directors of SAFECO INSURANCE COMPANY OFAMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of- attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify 2A
that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directorsof these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
'D
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation a
0
ca
S-09741SAEF 2101
this 12th day of jP
200
E
ECON
PO
S SEAL �i
X
�95 IalI
Of A CHRISTINE MEAD, SECRETARY
A registerLd Iraderrark of SAFECO Corporation
01/19/2DC5 PDF
I Packet Pg. 293 1
Safeco Insurance Company of America
To be attached to and form a part of Bond No. 6442081
Effective: 1/11/07
Bond Amount: $274,436.81
Executed by: Beazer Homes Corp.
13 100 Westlinks Terrace — Unit I
Ft. Myers, FL 33913 as Principal
and by: Safeco Insurance Company of America
2800 W. Higgins Road — Suite 1000
Hoffinan Estates, IL 60169 as Surety
in favor of. Collier County
as Obligee
In consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to:
The Penal Sum of This Bond Shall be Reduced to: Sixty Nine Thousand Ninety Three and
971100 ($69,093.97)
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
This rider is effective April 20, 2010
Signed and Scaled April 29, 2010
Principal: Beazer Homes Corp.
0
Principal
Sure6�—Saafe�
c'jnsu�r�ance Company of America
By:
Peggy Faust Attomey-in-Fact
I Packet Pg. 294
Safeco Insurance Company of America
General Insurance Company of America
Liberty POWER 1001 4th Avenue
OF ATTORNEY Suite 1700
10�Mutual Seattle, WA 98154
No. 13137
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
"'HEATHER A. BECK; PEGGY FAUST; KELLY A. JACOBS; STEPHEN T. KAZMER; BONNIE KRUSE;
ELAINE G. MARCUS; JENNIFER J. MCCOMB; JAMES 1. MOORE; DAWN L. MORGAN; MARY BETH PETERSON;
TARIESE M. PISCIOTTO; MELISSA SCHMIDT; JOEL E. SPECKMAN; Westmont, Illinois
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21 st
PAX* R, k, I
day of
March
Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
2009
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
00 A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 29th day of _April 2010
C
W
SEAL .9 1 �ix* R, kjj
19513
Of oaf Dexter R. Legg, Secretary
S-0974/DS 3/09
WEB PDIF
I Packet Pg. 295
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1163648
KNOW ALL PERSONS BY THESE PRESENTS: that Beazer Homes, LLC
9422 Camden Field Parkway
Riverview, FL 33578
(hereinafter referred to as "Owner") and Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
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 Seventy Six Thousand One Hundred Four and 00/100 Dollars ($76,104.00) 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 Valencia Lakes, Phase 6A 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 dernands 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 perfon-nance 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.
I Packet Pg. 296
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 22nd day
of January, 2019.
r/A
Witness Signature
4f rl'K cL AA
W' ss Print Name or Type
TA DA I -,A faA /tA
/il� ess Signature/
Sinem Nava
Witness Print Name or Type
Beazer Homes, LLC
Principal
By:
Richard Thornpson
Lexon Insurance Compggny
Surety
By: Cd.LGkI
Dawn L. Morgan, Attomey-i ct
Florida license no. POI 1322
STATE OF wid a---
COUNTYOF jjLShW0UjL
The foregoing instrument was acknowledged before me this?oI4tof'j'jtfjV4!j 2401jbyjUVC"�ISOPI�
who is personally known to me or has produced as identificati,6n.
--------- m��
,,,KRY4, Erika Lee Mitchell
NOTARY PUBLIC
X
�sq-'R 0a
STATE OF FLORIDA
Comni# FF929882
'PRMEISI%� Expires 10/21/2019
STATE OF ILLINOIS
COUNTY OF DUPAGE
(Signature of Notary Pub c
(Print, Type, or Stamp Commissioned
Name of Notary Public)
The foregoing instrument was acknowledged before me this 22nd day of January, 2019, by Dawn L. Morgan, Attorney-
C, —
In -Fact, who is personally known to me.
A 6k.,
SINEY NAVA
,,FF�CIAL SEAL ignature of Notary P blic
Public, Sta�e ()f J111nols
, X-i
L�'P`es State of Illinois)
�j"!�090 qP71
Sinern Nava
(Print, Type, or Stamp Commissioned
Name of Notary Public)
I Packet Pg. 297
POWER OF ATTORNEY
LX - 1079
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: James 1. Moore, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus,
Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Amy Wickett its true and lawful Atto mey(s)-1 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-ln-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 $8,000,000.00, Eight Million 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-ln-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
S E
ACKNOWLEDGEMENT
BY 72F��
Brian Beggs
President
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 comoration bv authoritv of his office under the Bv-laws of said corporation.
AMY TAYLOR
I. Notary Public- State of Tennessee
Davidson County
My Commission Expires 07-08-19
CERTIFICATE
BY an4�q4�
Amy �eylor
Notal Public
1, 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 22nd Day of January 12019
SE
0
-Zle
BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to delraud 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 guch person to criminal and civil penalties."
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I Packet Pg. 298 1
Valencia Lakes
Phase 6-A
IVA I IVA
Paving
$50,736.00
Subtotal
$50,736.00
50% O&M
$25,368.00
Tota 1
$76,104
Notes:
1) This Opinion of Probable Cost (OPC) shall be used for bonding 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 adjustments 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.
4) This OPC is intended to cover only the portions of sidewalk that are not currently insta in the
Valencia Lakes Phase 6-A project, as of 1/15/19. The bond number 6442081 ass(
County Permit number AR5383 will be released and replaced with the bond i 0.rg"Mw
N'9 0
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No. 66421
Jeremy H. Arnold,� STATE OF
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Date UNAL
Florida License #66421 ///1, 1 111 M0
I Packet Pg. 299 1
P-1 4" Concrete Sidewalk w/ 4" Limerock Base 2,114 SY $24.00 $50,736.00
SUBTOTAL = $50,736.00
I Packet Pg. 300 1
ATTORNEYS AT LAW
215 S, Monroe Street I Suite 600
Tallahassee, Florida 32301-1866
P.O. Drawer 190 1 Tallahassee, Florida 32302-0190
850,224.1585 1 fax 850.222.0398
www.carltonfields.corn
Darrin Taylor
(850) 425-3398
dtay lor@carlton fields. coin
June 3, 2019
Mr. John Houldsworth
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Request for Conditional Final Approval flor Valencia Lakcs 11hase 6A
PL 20110001980
Dear John:
Atlanta
Hartford
LosAngeles
Miami
New York
Orlando
Short Hills, NJ
Tallahassee
Tampa
Washington, DC
West Palm Beach
On behalf of Beazer Homes, we are requesting conditional final approval for Valencia
Lakes Phase 6A. We also request immediate release of the current construction bond once you
have received confirmation from your inspector that the hole has been filled. We make this
request because the developer has secured a second bond to the County for the amount equal to
the complete construction of the sidewalk. Attached for your review is a copy of this second
bond. This request is consistent with Section 10.02.05 (D) of the Collier County Land
Development Code.
Finally, we understand that this approval is good from twelve months and, pursuant to the
County's Code, if the sidewalk construction is not completed by that deadline then two
extensions of one-year may be granted by staff upon request.
If you have any questions feel free to call me direct at (850) 425-3398 or einail
dtaylor@carltonfields.com.
Sincerely,
Darrin F Tayl r
117746219.1 Carlton Fields, P.A.
Carlton Fields, P.A. practices law in California through Carlton Fields, LLP. Packet Pg. 301
RESOLUTION NO. 23-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS IN VALENCIA
LAKES - PHASE 6-A, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 48, PAGES 67 THROUGH 70, AND
RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 13, 2005, approved the plat of Valencia Lakes - Phase 6-A 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. 04-4 1, 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 Valencia Lakes - Phase 6-A, pursuant
to the plat thereof recorded in Plat Book 48, pages 67 through 70, and the Clerk is hereby
authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Valencia Lakes - Phase 6-A will be maintained privately in the future and
will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
day of 2023.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
Y\
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
Rick LoCastro, Chairman
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