Agenda 04/25/2023 Item #16A 8 (Resolution - Final Plat of Tree Farm- PL20180003592)04/25/2023
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 Tree Farm, Application Number
PL20180003592, and authorize the release of the maintenance security in the amount of $184,220.85.
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 February 13, 2023, the Growth Management Department granted preliminary site acceptance of the
roadway and drainage improvements in Tree Farm.
2) The private roadway and drainage improvements will be maintained by Tree Farm Master Association,
Inc., and Tree Farm Commercial Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on March 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 maintained by Tree Farm Master
Association, Inc., and Tree Farm Commercial Association, Inc. The existing security in the amount of $1 84,220.85
will be released upon Board approval. The original security in the amount of $1,899,929.43 has been reduced to the
current amount of $184,220.85 based on the work performed and completed pursuant to the terms of the
Construction and Maintenance Agreement dated February 5, 2021.
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 Tree Farm,
Application Number PL20180003592, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and pl at
dedications.
2. The Clerk of Courts to release the maintenance security.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.8
Packet Pg. 761
04/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 25037
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 Tree Farm , Application Number
PL20180003592, and authorize the release of the maintenance security in the amount of $184,220.85.
Meeting Date: 04/25/2023
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/21/2023 4:35 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
03/21/2023 4:35 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
03/22/2023 1:11 PM
Growth Management Department Diane Lynch Growth Management Department Completed 03/23/2023 6:12 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/24/2023 2:24 PM
Growth Management Operations Support Evelyn Trimino Additional Reviewer Completed
03/28/2023 8:58 AM
Growth Management Operations & Regulatory Management Michael Stark Additional Reviewer Completed
03/28/2023 10:40 AM
Growth Management Department Jaime Cook Division Director Completed 03/28/2023 11:38 AM
Growth Management Department James C French Growth Management Completed 04/04/2023 11:43 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/07/2023 9:12 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/10/2023 9:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2023 10:39 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/13/2023 4:08 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/14/2023 2:19 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/25/2023 9:00 AM
16.A.8
Packet Pg. 762
TREE FARM
LOCATION MAP
16.A.8.a
Packet Pg. 763 Attachment: Location Map (25037 : Final Acceptance - Tree Farm)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered
into this 5th day of Febuary ' 20_2_1 -between TBC Tree Farm 1, LLC hereinafter referred
to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter referred to as
the "Board". RECITALS:
A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivision to be known as: Tree Farm Plat -PL201aooo359 2
B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations,
said guarantees to be incorporated in a bonded agreement for the construction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1.Developer will cause to be constructed: Roadways, storm drainage and utility infrastructure,
within 1a 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 $ 1,899 ,929 .43 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.8.b
Packet Pg. 764 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
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 comple tion 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 impr ovements. 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 S 111 day of February , 20_2_1 _.
SIGNED IN THE PRESENCE OF:
1./__, Ct-. ,1 I
Witness:
I f I _) _l) .
Printed Name: 1 l)l_,, ..../t
Witness: ' I > J I ' '\ ')
Printed Name:
ATTEST: _____________ _
CRY ST AL K. KINZEL, CLERK
Assistant County Attorney
(Name of Entity)
TBC Tre-e Farm 1, LLC
I (Provide Proper E idence of
Authorit
16.A.8.b
Packet Pg. 765 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
PERFORMANCE BOND
BOND NO. 800115889
KNOW ALL PERSONS BY THESE PRESENTS: that
TBC Tree Farm 1, LLC
P.O. Box 250
Pinellas Park, FL 33781-9998
(Hereinafter referred to a "Owner") and
Atlantic Specialty Insurance Company
One State Street Plaza, Floor 31
New York, NY 10004
( 781)332-7001
(Name of Owner)
(Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(Telephone Number)
(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 0"'�'"" •·•""'"'"'"'"''"""Th'"""' N•o,H,,,,,.dT,,o,,-Nm,OoO, .. ,o .. ,.,oo Dollars
($ 1,899,929.43 ) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Tree Farm Plat PL2018000592 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
16.A.8.b
Packet Pg. 766 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
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 b e executed this
28th day of December / 2020 ! _____ _
ITNESSES: TBC Tree Farm 1, LLC
Printed Name ,. ,,1... H� l O �,. l C 4 t \ C..• / LL.t, William B. Yeomans, Manager 1 , �I-'----------+----------------------------,r,. l))t f\ll <' (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF _I_Vi __________ _
COUNTY OF ____________ _
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF O PHYSICAL PRESENCE OR O ONLINE NOTARIZATION THIS DAY OF ___ _,
20 '-, by -�-�----------(NAME OF ACKNOWLEDGER) AS------,.-----
(TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR HAS PRODUCED / i, AS IDENTIFICATION.
I ' l
Printed Name ,. 'I
• I '
C!-lP )M� M. LO::r�,•,O�!l N�t?')' fuhlic, S*:'3 cf r::/ v�,k Ou Ir On: .!��� Co. li•J •. -:.:.�9 Corirrimr, C:A�.'�! r7,'C5/ __
(Surety Name and Title if Corporation)
; Atlantic S e ialt Insurance Com an
By: , c.�L-,.,, :?<a"-) � I
-------1
Printed Name Roy S. Moore, Ill ---""-------+-----------------------------Printed Name/Title Richard A Lyons, At torney-in-Fact
(Provide Proper Evidence of Authority)
16.A.8.b
Packet Pg. 767 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
ACKNOWLEDGEMENT
STATE OF __ N_e_w_Y_o_r_k _________ _
COUNTY OF _O_no_n _d_a�ga _________ _
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
OF IBJ PHYSICAL PRESENCE OR O ONLINE NOTARIZATION THIS DAY OF 28th / December/----
20 20 , by Richar d A. Lyons (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF Atlantic Speci alty Insurance Co mpany (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO
ME, OR HAS PRODUCED Ne w York St ate Driver's License AS IDENTIFICATION.
���r ublHtate of rJ{.c' V• ti/��¼. J
(-i;{fa;j,e j J-l tvrlz �-/// / O'/ftl;P
if �1(•;.�_ .} ··;:!::�: -,; :·.:��� 7��-• ���-.-�� {
�1c:.1ry P ,!,: ��t .-<: ,,f tien Ye:--�
/CO O:riC:l,tJ.; J5l � _J �)�·iJ,r1�dr: 0 .. 'J"'f;�--'l('":•;1ty• fl ·i ,'>,;Cu .. � <:· ..... : E:·1):r•.-1 :�.-p-�1 ·::02.J �
..,:...,t:;<1--:.•,.J."'...: •. /r :.;,;..u.._�·•� :;...--=,·� , .. ::--�;.�• ... J;..t<;._·�·;:).""'·�-�
16.A.8.b
Packet Pg. 768 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIAL TY lNSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constinne and appoint: Richard A. Lyons, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute,
seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no
bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all
other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of
the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of
A TL ANTIC SPECIAL TY 11\SURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in
Fact.
Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIAL TY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIAL TY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
STATE OF MINNESOTA
HENNEPIN COUNTY
By
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of A TL ANTIC SPECIAL TY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 28th day of December , 2020
This Power of Attorney expires
January 31, 2025
Please direct bond verifications to , ,.).. ,
Kara Barrow, Secretary
16.A.8.b
Packet Pg. 769 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
intact
Atlantic Specialty Insurance Company
Penod Ended 12/31/2019
Dcflars displayed in tlicus and:;
Admitted Ass,,ts
ln-..estrrents
Bends
Preferred Stocks
Common Steck s
Mortgage Loans
Real Estate
Ccotrnct Leans
Oerhet,\.es
Cash. Cash Equivalents & Shon Tenn ln,estments
Other Im.es tmenl s
Total Ca sh & lnvostmonts
Premiurns and Considerations Due
Reinsurar.ce Reco>,eral>le
Recci'Jable from Parcnl. Subs <11vrv or .o.1ti11mc�
All Other Admitted Assets
Tota t Admitted Assets
Stale of Minnesota County ol' 1-lcnncpin
t.219,332
791.167
G2,363
t7,350
2,090,232
261.17G
51,832
21 005
59,800
2.40�. 105
Liabilities and Surplus
Liabilities
Loss ReseMs
Less Adjustmer:: Expense Reser.es
To!at Loss & LAE Reser.es
Unearned Premiun, ReseM
l ctal Reinsurance Uab,!ihes
Commissions OH·er Eipenscs. and Ta:<cs Oue
Deriwti,es
PayOOfe tu Parcnl, Subs or Aff.flates
A1t Other L1abit11ies
Tota t Lia bll itie s
Capital and Surpl11s
Common Capital Stoc:J(,
Prefe11ed Capilat Stoel
SJrplus illoles
Uoas signed Surplus
Olher lnctudt ,g Gross Cornnbuted
Capita I & Surplus
Total Liabilities and C&.S
S 750,516
243,193
--993,702
520,053
17,061
40.497
165,93,
1,737,252
9,(J01
49 392
688,460
746 853
2,484,105
I.Christopher Jerry. Secretary of /\tluntic Specialty Insurance Company do hereby certifythat the fl1regoing statement is a correct exhibit of the assets and liabilitie · of'the saidOncBcacon Insurance Company. on the J l s1 day ot'r )eccmbcr. 2019. according lo th1:best or my infrnmation. kno,vkdge and belier.
Subscribed and s\\'om to. before me. a Notary Public ol'll , State of tvli1111esota on this2 7"' day or F cbrna ry. 2112 II. / f l/.Alhu VD-Q 1 {f;'.'_'f:..;,_ SHANllON MARIE LAUBY,WOLf u N<i/( I) P11 hlit ·,! -� -A..·• Notary PublK , !t_ •�:;Minnesota :,,_ , It'. ; My Comrn1ss1on Expires
<::::-,i·,;. Jan)1,2025
16.A.8.b
Packet Pg. 770 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
Calculation Summary
Earthwor1<
Paving
Sanitary Collect,on System
Potable Water
Miscellaneous
TOTAL
Earthwork. Paving, Drainage.Landscape and Lighting. lrngatton and M,sc
Potable Water and Sanitary Sewer
Prc1e::t
Task.
Prepared By
Checked By
TOTAL O.P.C
TOTAL O.P.C
Estimated 110¾ Bond Amount
TP.EE FAP.M
PERMIT ANO INSPECTION FEES OPC
RJS
OFW
TOTAL
594,741 50
459,157 98
141,573 60
155,610.50
$ 129,710 00
246,415.00
$ 1,727 208.58
$ 1,441,888.08
$ 285,320.50
$ 1,899,929.43
Date· 6/30/2020
Date 7/4/2020
1) The Opinion of Probable Cost 1s based on Peninsula Engineering's vnderslanding of !he current rules, regulations. ordinances and coristruction costs m effect on the date of this document
Interpretations of these construction costs may affect this Opinior. of Probable Cost and may require adjustmenls lo delete, decrease, or increase portions of this Opinion of Probable Cost.
2) This Opinion of Probable Cost shall be used ror applicable Review Fee Calculation Purposes only
3) All costs provided tn ;h,s OPC are based on recent contract prices, or the Engineers' latest known unit costs These costs cannot be guaranteed at this time due to unpredictable and
uncontroHab/e increases in the cost of concrete, petroleum, etc or the ava1labihty of materials a.nd labor
4) This cost estimate does not include the cost of any building construction
5) This cost estimate assumes dry utilit1es (power, cable and telephone} w,O be ins!alled at no• cost to lhe developer.
6} Review Fees for lake excavat,on provided in separate Review Fee, with the lake exvacation permit
1 0, 1
Daniel F Waters, P E
FL Reg,strat,on #60746
Digitally signed by Daniel F
Waters
DN: c=US, o=PENINSULA
IMPROVEMENT CORPORATION
DBA PENINSULA ENGINEERING,
ou=A01410C0000016D16A2642
F00006690, cn=Daniel F Waters
Date: 2020.07.14 11 :12:17 ·04'00'
Peninsula Engineering FL CA No 28275
16.A.8.b
Packet Pg. 771 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
Project: TREE FARM
Task: PERMIT AND INSPEC TION FEES OPC
Prepared By: ...,,R...,,J,---,S _____
Checked By: _D_F_W ___ _
Date: 6/30/2020
Date: 71412020
EARTHWORK
ID
EW-1
EW-2
EW-3
EW-4
EW-5
EW-6
EW-7
EW-8
EW-9
DESCRIPTION QTY
SILT FENCE (SINGLE ROW) 6,348
LAKE EXCAVATION (OVERBURDEN.)1 29,959
LAKE EXCAVATION (ROCK)1 43,889
EMBANKMENT -(ONSITE)2 29,163
EMBANKMENT -(IMPORT FILL)2 28,372
CLEARING (EXOTIC AND VEGETATION REMOVAL) 26.20
BAHIA SOD 3 15,321
FINAL GRADING 1
Assumptions:
UNIT TYPE UNIT PRICE TOTAL PRICE
LF $ 1.50 $ 9,522.00
CY $ -
CY $ -
CY $ 2.50 $ 72,907.50
CY $ 12.50 $ 354,650.00
AC $ 3,500.00 $ 91,700.00
SY $ 3.00 $45,962.00
LS $ 20,000.00 $20,000.00
$-
SUB-TOTAL EARTHWORK= $ 594,741.50
1.LAKE EXCAVATION COST TO BE INCLUDED IN REVIEW FEES AND BOND SUBMITTED WITH EXCAVATION PERMIT
2. EMBANKMENT FOR APARTMENT BERMS AND TEMPORARY SWALES ON THE APARTMENT TRACT ARE ASSUMED
TO BE FROM ON-SITE LAKE EXCAVATION. REMAINDER OF SITE FILL IS ASSUMED TO BE IMPORT FILL
3.SOD QUANTITIES ASSUME THE AREA TO BE SODDED CONSISTS OF THE ENTIRE RIGHT OF WAY, THE PUBLIC
UTILITY EASEMENT AND LAKE MAINTAINANCE EASEMENT
P 'Active_Prcjc,cts'P-BROK-003'001_ Tree_F.llrm_PPL Budge!s'Cos.!_E.slimates REV01'Op11"olon of Probat>le Cost-REV01 2 of 7
16.A.8.b
Packet Pg. 772 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
ID DESCRIPTION QTY
(6"
UNIT TOTAL PRICE
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
SUB-TOTAL PAVING= $ 459,157.98
3 of 7
16.A.8.b
Packet Pg. 773 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
Project:
Task:
Prepared By:
Checked By:
DRAINAGE
ID DESCRIPTION QTY
DRA-1 15" RCP STORM SEWER 67
DRA-2 18" RCP STORM SEWER 95
DRA-3 24" RCP STORM SEWER 670
DRA-4 30" RCP STORM SEWER 139
DRA-5 JUNCTION BOX (ROUND} 3
DRA-6 THROAT INLET 4
DRA-7 GRATE INLET WITH SIDE INLETS 1
DRA-8 TYPE "D" GRATE INLET WITH SIDE INLETS 4
DRA-9 FLARED END FOR 24" RCP 2
DRA-10 REMOVE EXISTING STORM SEWER 1
DRA-11 MODIFY EXISTING STORM STRUCTURE (S-200) 1
DRA-12 ROCK EXCAVATION 243
DRA-13 CONTROL STRUCTURE 1
4 of 7
TREE FARM
PERMIT AND INSPECTION FEES OPC
RJS Date: 6/30/2020
DFW Date: -'7"--/4""'/2:c:0.;::2.c..0 __ _
UNIT TYPE UNIT PRICE TOTAL PRICE
LF $ 40.10 $ 2,686.70
LF $ 49.22 $ 4,675.90
LF $ 7000 $ 46,900.00
LF $ 89.00 $ 12,371.00
EA $ 3,000.00 s 9,000.00
EA $ 2,500.00 $ 10,000.00
EA $ 2,750.00 s 2,750.00
EA $ 4,755.00 s 19,020.00
EA $ 4,500.00 $ 9,000.00
LS $ 1,500.00 $ 1,500.00
LS $ 1,250.00 $ 1,250.00
LF $ 80.00 $ 19,420.00
EA $ 3,000.00 $ 3,000.00
SUB-TOTAL DRAINAGE= $ 141,573.60
16.A.8.b
Packet Pg. 774 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
SANITARY COLLECTION SYSTEM
ID DESCRIPTION
SS-1 8" PVC GRAVITY SEWER MAIN (8'-10' CUT)
SS-2 8" PVC GRAVITY SEWER MAIN (10'-12' cun
SS-3 SINGLE SANITARY SEWER SERVICE
SS-4 SANITARY SEWER CLEANOUT
SS-5 4' SANITARY SEWER MANHOLE (8'-10' cun
SS-6 TELEVISION INSPECTION
SS-7 TESTING
SS-8 8" PVC FORCE MAIN (DR 14)
SS-9 8" PVC FORCE MAIN (DR 18)
SS-10 HOT TAP EXISTING FORCE MAIN
SS-11 ROCK EXCAVATION
Project: TREE FARM
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: ...,,AA--=---,----
Checked By: _D_F_W ___ _
QTY UNIT TYPE
137 LF
276 LF
2 EA
2 EA
2 EA
413 LF
1 LS
147 LF
1,946 LF
1 LS
207 LF $ s
$
$
$ $ $
$
$
$
$
Date: 6/30/2020
Date: 7/4/2020
UNIT PRICE TOTAL PRICE
40.00 s 5,480.00
45.00 $12,420.00
700.00 s 1,400.00
500.00 $1,000.00
5,500.00 $11,000.00
5.00 $ 2,065.00
3,500.00 $ 3,500.00
50.00 $ 7,350.00
48.00 $ 93,408.00
2,500.00 $ 2,500.00
75.00 $15,487.50
SUB-TOTAL SANITARY COLLECTION SYSTEM = $ 155,610.50
p 1Active_Prorxts P·BROK-0:)3'001_T�_F•rm_PPL1,8udgel1'Cost_Estima!eslREVOt10p,roon 0r ProbableCost-REVO1 5 of 7
16.A.8.b
Packet Pg. 775 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
Project: TR EE FARM
Task: PERMIT AND INSPECTION FEES OPC
POTABLE WATER
ID DESCRIPTION
PW-1 6" PVC WATER MAIN (C900, DR-18)
PW-2 8" PVC WATER MAIN (C900, DR-14)
PW-3 8" PVC WATER MAIN (C900, DR-18)
PW-4 10" PVC WATER MAIN (C900, DR-14)
PW-5 10" PVC WATER MAIN (C900, DR-18)
PW-6 8" GATE VALVE
PW-7 10" GATE VALVE
PW-8 FIRE HYDRANT ASS EMBLY (COMPLETE)'
PW-9 8" TEMPORARY BLOW-OFF
PW-10 10" TEMPORARY BLOW-OFF
PW-11 TESTING
PW-12 PERMANENT BACTERIAL SAMPLE POINTS
PW-13 TEMPORARY BACTERIAL SAMPLE POINTS
PW-14 AUTOMATIC FLUSHING DEVICE
PW-15 TEMP BACKFLOW DURING CONSTRUCTION
PW-16 AIR RELEASE VALV E
PW-17 CONNECT TO EXISTING
Prepared By: ...,,R....,J,.....S ___ _
Checked By: _D_F_W ___ _
QTY UNIT TYPE
20 LF
182 LF
1,374 LF
646 LF
726 LF
4 EA
7 EA
6 EA
5 EA
1 EA
1 LS
1 EA
3 EA
1 EA
1 EA
3 EA
1 LS
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Date: 6/30/2020
Date: 7/4/2020
UNIT PRICE TOTAL PRICE
14.00 $280.00
18.00 $3,276.00
16.00 $21,984.00
22.00 $14,212.00
20.00 $14,520.00
1,300.00 $5,200.00
1,550.00 $10,850.00
3,573.00 $21,438.00
2,005.00 $10,025.00
4,000.00 $4,000.00
2,500.00 $2,500.00
1,900.00 $1,900.00
175.00 $525.00
2,500.00 $2,500.00
7,500.00 $7,500.00
2,500.00 $7,500.00
1,500.00 $1,500.00
SUB-TOTAL POTABLE WATER= $ 129,710.00
Assumptions:
• Fire Hydrant Assembly (Complete) includes gate valve at hydrant.
P •Active_Proteets P-8rl:OK-003'001_Tree_F11rm_PPLSudget1Cmt_E1�1N1es1�EV01'Op,nion ol ProbableCo,u-REV0l 6 Of 7
16.A.8.b
Packet Pg. 776 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
MISCELLANEOUS
ID DESCRIPTION
MSC-1 IRRIGATION (ALLOWANCE)*
MSC-2 LANDSCAPING (ALLOWANCE)
MSC-3 LIGHTING (ALLOWANCE)
MSC-4 PRESERVE AND LITTORAL SIGNAGE
MSC-5
MSC-6
Project: TREE FARM
Task: PERMIT AND INSPECTION FEES OPC
Prepared By: _R_J_S ___ _
Checked By: _D_F_W ___ _
QTY UNIT TYPE
1 LS
1 LS
1 LS
1 LS
$
$
$
$
Date: 6/30/2020
Date: 7/4/2020
UNIT PRICE TOTAL PRICE
50,000.00 $ 50,000.00
184,415.00 $184,415.00
7,500.00 $7,500.00
4,500.00 $4,500.00 $-
$ -
SUB-TOTAL MISCELLANEOUS= $ 246,415.00
7 of 7
16.A.8.b
Packet Pg. 777 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
."lfuC,o*tUW
Gro,vth M anagement Department
Development Review Division
February 3, 2023
Atlantic Specialty lnsurance
One State Street Plaza, Floor 31
New York, NY. 10004
RE Performance Bond No. 800L158891/ TBC Tree Farm 1, LLC
Tree Farm Su bdivision, P120180003592
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject Performance
Bond may now be reduced by 51,71.5,708.58 leaving an available surety of 5134,220.85. The remaining
surety represents 511,500.00 in uncompleted improvements, plus the 10% maintenance security of
5772,720.8s.
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 become effective upon our receipt ofthe originalBond Rider.
lf I can be of any further assistance to you in this regard, please let me know.
Sincerely,
$oh^dboH$rrh
John R. Houldsworth
Senior Site Plans Reviewer
'With authority in these matters'
Cc: Kim Davidson
Dq/dopmeri Reyiew oMsion. 2800 N(rh Hqs€$e Drive. I'hdes, Bqna 34104.23C252-2ffi . ry*w.colirgovnd
16.A.8.b
Packet Pg. 778 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
surety
RIDER
To be attached to and form part of:
Bond Number. 8001 15889
Dated: 12t28t20
Surety: Atlantic Specialty lnsurance Company
Bond Amount: $1,899,929.43
Principal: TBC Tree Farm 1, LLC
Obligee: Collier CountY' Florida
Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be
amended as follows:
. BOND AMOUNT REDUCED TO $184,220.85 (xxx AND 00/100 us DoLLARS)
o EFFECTIVE DATE: 2t10t23
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged.
Signed, Sealed & Dated February 10,20I.2.3
By
N
ATLANTIC SPECIALTY
INSURANCE COMPANY
Tile: Attorney-in-Fact
ACKNOWLEDGED & ACCEPTED:
(oBLTGEE)
Collier
(PRTNCTPAL)
TBC F
By
Name:t?
Title (- 4-
By:
Name:
Title:
0trn e
D lrect!r,
c00K
Dtvelogment Rcvlc\ll
16.A.8.b
Packet Pg. 779 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
County oI
ACKNOWL (BONDS)
before me personally came
, to me known,
On this _day ol
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he
executed the same.
My commission expires
Notary Publlc
Firm Acknowledgmena
State of
County of
On this /?t-h' dayor
#t{orrr tu5lic sta ot Ftdid.Jon Olln Kl9gb
M, Co.nn .iqr GG 965307ErDllt. 0:]r03/:lo2a
U;//tan /?o ma.7r< !..
Fcbr aa r"y' 20 2-3 before me personally came
to me known, and known to me
to be a member of the firm of 7/3 e fr-e e- futtt L LLC.
described in and who executed the foregoing instrument, and he thereupon ack owledged to me that the executed the samen
as and for the act and deed of said firm
My commission expires
ryP
Coryoratio n Ac k n owledgmenl
State of
County of
On this
) ss.
l
day of 20 before me personally came
, to me known,
who being by me duly sworn, did depose and say that he/she is the
of
the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal
afflxed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and
that he/she signed his/her name thereto by like order.
iry commission expires
Notary Public
Surety Acknowledgment
State of New York
County of
On this
Onondaga ) ss.
10th day of February , 20 23 before me persona ly came
Richard A. Lyons , to me known, who, being by me duly sworn, did depose and
say that he is an attorney-in-fact of Travelers Casualty and Surety Company of America
the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the
seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as
Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this offlce under the Standing
OF
..0,
My commission expires 2026
Fxpr
IC
Notary Public
I n d i vidual Ac knowl edgment
State of ') ss.
20
f/o-"/4
to//rur i};;'"'l
= f z fa"+v
_,]
Resolutions thereof.
16.A.8.b
Packet Pg. 780 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
[rr*"r]Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporarion wirh its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Richard A. Lyons, each individually if there be more than one named, its uue and lawful Attorney-in-Fact, to make, execute,
bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, conuacts of indemnity, and all
other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of
the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of
ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-
Fact.
Resolved: That the Attorney-in-Fact may be given fuII power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney-in-Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
SEAL
'1986 By rt-fu
STATE OF MINNESOTA
HENNEPIN COUNTY
Paul J. Brehm, Senior Vice President
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly swom, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
4/,*/,/,tk
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attomey is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signedand5g6ls6. pa1g6 10th Oayot Februarv. 2023
This Power of Attomey expires
January 31, 2025
Kara Barrow, Secretary
Please direct bond verifications to su!'et!ta)inla-clil-t-stu:age-e.,c,9-m
ALISON DWAN IIASH.TRffJT
NOTAFY PUELIC . HII{IIESOIA
ComMy res
1 986
16.A.8.b
Packet Pg. 781 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
[i"t""r] ffi;l*
Atlantic Speclalty Insurance Gompany
Psiod Ended 1,,3112021
Dollars dlsdayed in lhousands
Admltbd Alsotg
ln\,BstmentS:
Bond8
Pr€femd Stocks
Common Stocks
Mortgage Loans
Real Estae
Contract Loans
Derirall\Es
cash, cash EquiElonts & shorl Term ln\€stmBnts
Olher ln\,€slmeris
Total CsBh & lnvedmontt
Premlums and Con3iderdions Du6
Roinsurancs Raco\erable
Roceiriable liom Paront, SubEidiary or Amliates
All oth6rAdmltted Assets
Total Admltlod A!s.t3
$ 1,827,267
w7,728
174,?41
20,131--73r5$r
288,9&t
24,',105
58,353
59,690
3,358,479
LlsblU0o3 and SurPlu8
Llsbllltos
Loss Resenps
Loss Ad.iustment Expenso RBceaie8
Uneamed PrEfiium Rcaent
Total Reinsurance Liabilities
Gommissiom, other Expcnses, and Taxes due
DerllalhEs
Payable to Parent, Subs or Aflllideg
All Oh6r Liabilitios
Totsl Ll.blll003
Caplt l and Surplur
Common Capital Stock
PGfrrEd Capital Stock
Surplus Nol6E
Un8ssigned Surplus
Clther hcluding Gross Coridbuted
Cspltel & Surplug
$ 1,012,842
307,403---3zolae
055,993
24,',l80
63,766
442,3/,0-
2,506,525
9,001
165,606
6n.347-*-- s51 B54
Total Llobilites.nd c&s 3,358,479
State of Minnesota
County of l{ennepin
I, Kara Barrow, Secretary of Atlantic Specialty Insurance Company do hereby certify that
the lbregoing statement is a correct exhibit of the assets and liabilities of the said
Company, on the 3lst day of December,2A21, according to the best of my information,
knowledge and belief.
Secretary
Subscribed and sworn to, before me, a Notary Public of the State of'Minnesota on this
14m day of March, 2022.
Notary Public
My Commission Expires January 31,2025
RIECHERS
Notsry Publb
Mlnneso{a
16.A.8.b
Packet Pg. 782 Attachment: Bond Basis (25037 : Final Acceptance - Tree Farm)
[23-EIS-04828/1778824/1] Page 1 of 1
RESOLUTION NO. 23-____
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT
DEDICATIONS IN TREE FARM, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 68, PAGES 90
THROUGH 94, AND RELEASE OF THE MAINTENANCE
SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
December 8, 2020, approved the plat of Tree Farm for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvements in accordance with the approved plans and specifications as required by the Land
Development Code (Collier County Ordinance No. 04-41, as amended); and
WHEREAS, the Developer is requesting final acceptance of the roadway and drainage
improvements and release of the maintenance security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Tree Farm,
pursuant to the plat thereof recorded in Plat Book 68, pages 90 through 94, and the Clerk is
hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Tree Farm 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 25th
day of April 2023.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
__________________________ By: ________________________________
Deputy Clerk Rick LoCastro, Chairman
Approved as to form and legality:
__________________________
Derek D. Perry
Assistant County Attorney
16.A.8.c
Packet Pg. 783 Attachment: Resolution (25037 : Final Acceptance - Tree Farm)
16.A.8.d
Packet Pg. 784 Attachment: Plat Map (25037 : Final Acceptance - Tree Farm)
16.A.8.d
Packet Pg. 785 Attachment: Plat Map (25037 : Final Acceptance - Tree Farm)
16.A.8.d
Packet Pg. 786 Attachment: Plat Map (25037 : Final Acceptance - Tree Farm)
16.A.8.d
Packet Pg. 787 Attachment: Plat Map (25037 : Final Acceptance - Tree Farm)
16.A.8.d
Packet Pg. 788 Attachment: Plat Map (25037 : Final Acceptance - Tree Farm)