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Agenda 06/13/2023 Item #16A2 (Resolution - Esplanade Golf and Country Club of Naples - PL20140002187)16.A.2 06/13/2023 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 Esplanade Golf and Country Club of Naples Blocks "E" and "G2", Application Number PL20140002187; and authorize the release of the maintenance security in the amount of $73,410.13. 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 April 16, 2015, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Esplanade Golf and Country Club of Naples Blocks "B" and "G2". 2) The roadway and drainage improvements will be maintained by Esplanade Golf and Country Club of Naples, Inc. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on June 8, 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 Esplanade Golf and Country Club of Naples, Inc. The existing security in the amount of $73,410.13 will be released upon Board approval. The original security in the amount of $807,511.46 has been reduced to the current amount of $73,410.13 based on the work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated November 21, 2014. 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 Blocks "E" and "G2", Application Number PL20140002187, 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, Project Manager I, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 3. Resolution (PDF) 4. Plat Map (PDF) Packet Pg. 304 16.A.2 06/13/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 25344 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 Blocks "E" and "G2", Application Number PL20140002187; and authorize the release of the maintenance security in the amount of $73,410.13. Meeting Date: 06/13/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 04/20/2023 4:04 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 04/20/2023 4:04 PM Approved By: Review: Growth Management and Community Development Department Diane Lynch Development Review Brett Rosenblum Additional Reviewer Operations & Regulatory Management Michael Stark Additional Reviewer Engineering & Natural Resources Jack McKenna Additional Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department Jaime Cook County Attorney's Office Derek D. Perry Level 2 Attorney Review Growth Management and Community Development Department James C French Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Growth Management DepartmentCompleted 04/21/2023 4:54 PM Completed 04/24/2023 10:16 AM Completed 04/25/2023 8:16 AM Completed 05/01/2023 8:28 AM Additional Reviewer Completed 05/05/2023 4:37 PM Division Director Completed 05/17/2023 2:50 PM Completed 05/24/2023 8:19 AM Growth Management Completed 05/24/2023 6:19 PM Completed 05/25/2023 8:28 AM Completed 05/26/2023 4:24 PM Completed 05/30/2023 4:39 PM Completed 06/05/2023 10:28 AM 06/13/2023 9:00 AM Packet Pg. 305 16.A.2.a ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES — BLOCKS E AND G2 LOCATION MAP r Q Packet Pg. 306 16.A.2. b COINI!aRLICTION AND IMAIINTIENAINICE ASREI-Rai lr FOR SUBDIVISIC1INI I rvrP Ft1C)'v'F:IM E:INI1rS THIS O'DW;TRUCTIONl AND IMAIINTEN,ANCIE AGREEPAE-NT FOR SUBDIVISION IN/IF'ROVEMENTS entered into thiis 21st: day of November , 2014 between 'raylor Morrison Esplanade Naples, LLC, hereinafter referred to as ''Developer and the Board of County Conlnnissioners of Collier County, F'IOlrida, her(''Inafter referred to al!; the 'Board". RECITALS: A. Developer hats, simultaineously with the delivery of this Agreement, applied for the approval by the Board of certaiin plat of a subdivision to be Iknown as: Esplanade. Golf and Country Club of Naples 'Parcels IE and 1Gi;t. B. Chalpters 4 and 10 olf the Collier County Land Development: Code requires the Developer to post appropriate gualralnteeS for the construction of t:he irnprovennents required by said subdivision ref;Iulations, said I;uarantees to be incorporated in a bionded agreement for the construction of the required irnprovementS. NOW, THEIRE.FOIRE, in consideration of the foregoing prerTrises and rnutual covenants hereinafter Set: forth, Developer and the Board do helreb)t covenant and agree as follows: 1. Developer will) cause to ble consi:ructe(f: FRoad)nlay, clrainage'. Witter & sevner improvements within 12 months fronn the date of approval of said subdivision plat, said improvements hereinaftelr referred to as the required irnprovementS. 2. Developer herEM'ith tenders its subdivision per'forrnance security (attached hereto as Exhibit "A" and by reference made a part heireof) in the arTIQUnt of 807,511.46 - which arrrount represents 10'rS of the total contract cost 1:0 corinplete the construction plus 100% oIf the eStiMatE!d cost: to complete the required irnplrovementS at 1:11e date of this Agreement, 3. In the event Of default b)i the Developer or failure of the Developer to complete such irnprovernlen'ts within the time required by the Land Development Code, Collier may call upon the subdivision performance security to insuire satisfactory completion of the required improvements. 4. The required improvements shall not: be considered complete until such a statement of substantial carT11pletion by Developer's engineer along with the final project records have been furnished to, be revii(�Wed and approvied by the County P✓lanal;er or his designee for cornp'IiancE! With 'thE! C IDIHE r C,OLInty Land DeVe101prrient Code 1 of 3 Packet Pg. 307 16.A.2. b 5. 'rhe Country Manager or his designee shall, within sixty (60) days of receipt of the statenlerit of substantial cornpleti011, either: a) notil}f the Developer in writing of his prelirninar}f approval of the improvements; or b) notil�r the Developer in %,citing of his refusal to .approve irrproverrients, therevvith specifi(ling those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvernen'ts. However, in no event shall tlhe Cownib'( (Manager or his designee refuse prelirninar}, approval of the improverents if they are in fact constructed and subrnritted for approval in accordance with the requirements of this Agreement. 6. The Developer shall) rrrriintalin all requiired irnprovernents for a minirnurll period of one year of er preliminary approval by the County Manager or his designee, pkfter the one year maintenance period by 'tile Developer has terrriinat:ed, the Developer shall petition the County Manager or his designee to inspeca: the required improvements. The County Manager or his designee shall inspect the improvements ,and, if found to be still iri compliance with the land Ctevielopirnent Code as reflected by final approval by 'the Board, the Eloard shall release the remaining; 1Ci01/0 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) rinon'ths after the execution Of this Agreement and once %vithin every six (6) months thereafter the Developer imay request: the County Manager or his designee to reduce the dollar amount of the subdivision 1perriforrnance security on ithe basis of 'o/,ork complete. Each request for a reduction in the dollar amount of the Subdivision performance security shall be acconnpanied by a Statement of substantial completion by the D�eve!lopier's engineer together with the project: records iner_essary for r1evieV%1 by 'thE! County Manager or his desii€;nee. The County Mainager or This deli€;nee rTlay' grant 1:I1E! rE!CIU (E St for a reduction in the arnount of the subdivisioin perfoirrmance security for the irnprovenlE!MS comlpleted as of the date of the request. 8. In the event: the CNeveloper shall fain or neglect to fulfill its obligations under this Agreement, upoon certification of such failure, the Count) (Manager or his designee may call upon the subdivision perforrrrance SIeCurlit:y to secure satisfactory completion, repair aindmaintenance of the required improverrients. "rhe Board shall have the right to construct and maintain, or cause to be constructed) or maintained, pursuant to public advertisernent and receipt of acceptance of bicls,, the iimprOVE!nlentts required herein The Developer, as principal under the subdivision perfOirimance security, shall be liable to pay andl to inclernnify the Board, upon completion of such constructioin, the final, total cost to the Eloard thereof, including, but riot limited to, engineering, legal and contingent costtS, t:og,el;her 'nrith any damages, either direct or Consequential, which the E3oard may sustain on account of the failure of the Develloper to fulfill all'i of the provisions of this Agreerent. 9. All of the tennis, covenants and conditions herein contained are and shall be binding upon the DE!V2I0per ,and the reSpE-C1:iVE? SUCCE?SSOrS acid a1!;Si€;r1S Of the Developer, 1 of ;I Packet Pg. 308 16.A.2. b IN WITNESS WHEREOF, the Board and the Developer have caused this A,rE-ernent'to be executed by their duly au1thc►rized representatives this _[ �`'ct_ day of,/1��niuz,i2�? `c_� 2014 (Name of Entity) SIGNE:D IIhJ THE= PRE:,SFNC;1= OF Taylor Morrison (Esplanade (Maples, L.ILC IN 13 /' r / i!Q�^`�Z�'Q��G2 1. �GJ ------13 -------- i �► ^ / j / �� Printed NAQ4/1-itle: John Asher, Authorized Agent Printed Name: j,�cr't l4?-1',, a------ ---------------------- --'`--- F�u (Provide Proper E=vildE:ncE.' of thorih/) _ ��� Printed Na►7ie: i ATTEST: ---------------------------------------- BOARD OF COIU11411r (;OMMISSI�C►NERS DWIGIHT E. BROCK,.CLIER,K CIF COLLIER COUNT)', IFLOIgIDA By-� - L- \- - N'--L-------- J �'�-- DE� ►►k rif?rl< a , tl v� (ilio}i �S -- ------------------- v 1�t1,E.Isa� /I 1��1118t'U f�,�Or y. T C f vI 1-I E. IV 1\1 I Ni Approved ais to fi �m acid legailil:y: Scott A. Storie.. Assist:-:int C;oLal^ty Attcmey ? of Packet Pg. 309 16.A.2. b IP'EERIFOR MAINC.EE IEICIND INIO.:SlJ1 130130Ei KNOW ALL. PERSONS BY THEEESE IF'REE,ENTS: that Taylor IVLqnris.cm IE:; planade_N,aple!s, L.L_I__ 551 North Cattlemen Road, SUitle_200__ Sarasota,E=lojda 34232_________________. (hereinafter referred 'to as " Crwner") and Arch Insurance Company___________. 1125 Sanctuaiar Pkv_v_y_�51tEe_2001 Alphareti:a._G P� ;3000'd_____- 404 U 2_3f9G,------------------------- (NAIME: OF. OWNER) (ADDRESS OF OWNER) (ADDRESS OF' OW'NEIR) (hIAI\AE CJE= SLJRIE7Y') (ADDRESS OF- SL1RE:71-Y) (ADDRESS OF SURETY) (TEEL.EF'I-ICfJE: r4tJK+IEIIEFZ C11= S1LJRE:TY) (hereinafter referred to as "Surety") are held and firmly bound unto ColIier County, Florida, (hereinafter referred to as "Counnty") in the total aggiregate surn of I=iglit Hundlred Seven Thousand Five Hundired I leyneri and 451100_dh�lllair!s_LSE30715111_45] in 1,1040 money of the Ignited States, for the payment of which surn Well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fiilr►ly by Ihese presents. Owner and Surety are iJSed 'for singular or pllUral, a8 tlrw! context requlreS THE CONDITION Of- THIS OBLIGATION is such that whereas, the Owner has submitted for approvalby the Board a certain subdivision plat named IEs�planacle_Ciolf_andl �_ountry Club of NapIE�:;L andl "1G2", alnd that certaiin subdivision shall include specific improvements which are required by Collier County IDrdir anres and ERE!S0IUtl0nS (hereinafter "Land Development Regulations"). This obligation of the Surety shall connjm,enae on the date this Bond is executed and shall continue uintA the date of completion of the work and approval by the "oun'ty of the specific improveimsnts described in the Land Developr7uent Regulations (11ereim0er the "GAlaranty Period") or until replaced by a new bond in the event of a change of Ownership. NCAV, TIrIEREI=ORE, if the Owner shall weld, truly and faithfully perform i{a obligations and duties in accordance with the I -and Development: Regulations during the guaranty period established by the County, and the O'Arner shall satisfy all clairns and demands incurred and shall fully indemnify and save harmless the County from and against all costs and darrages which it may suffer by reason of Owner's failure to clo so, and shall reimburse and repa)1 the County all outlay and expense which the County may incur in rnak ng good) any default, there this oLligation shall bE. void, otherwise to remain in full 'force and effect. Packet Pg. 310 16.A.2. b PIRCIVIDED, FURTHE:'R, ghat the said Surety, for Valle received hEH-60y, stipulates and agrees that: no changee, extension off time, aJterat'ion, addition or deletion to the proposed specific Improvements shall in any way allect its obligation on this Bond, and it does hereby Waive notice of any such change, E! tenSion of time, alteration, addition Or deletiori 'to the proposed specific mproVemE?ntS. PRO`JIDF-D FURTHER, that it is expressly agreed that the Bond Shall be deerned amended automatically and im1l1eclialtely, Without formal and separate arnendrnents Inerel:o, so as to bind the Owner and 'the Sunety to t:he'fulll and faithful perfeirrnanoe in accordance with the Land Development Regulations. The term "Amendment," wher(aVer Used in this Bond, and WhOher referring to this Bond, or other documents shall include any alteration, addition or rnodificalion of any character whatsoever. IN VVITNE:SS WHEREOF, the parties hereto have caused this PE:RFOR:IJIANCIE BOND to be executed this 11st days of December, 2014 (Clwner Name and ,Fitle if Corporation) WITNI_SSES: Ta��lor Morrison E splanade Naples, L_I_C By: V&A/l,0&, Printed (Name: 01 By.'��lc�kC�_��10r.`r"A�d��2/s.�S�=__----- i. CAS !� Printe(9 arrlerfitle: John Asher, Authorized Agent (P'rovide Proper Evidence of Aluthorihl) Printed Name:. (a r0jtrf�3`o ld�.1t!',�___-- j M ti w AC KN GVVL_IE 1)G E:IVI IE'.NT CN 0 0 STATE. OF FLORIDA c COUNT`( C)F- S,ARASOTA c N J (L THE FC)IREGOING F'ERFCfRl\AAI\ICE BOND 1r1/,AS ACK''NO\A11'LEC)GFD BEFORE SAE: THIS r DAY CF Decerber, 2014, BY John Asher AS AUTHORIZED 131(]INATORY OF 1Faylor Morrison M Esplanade, L_IL.C, \A/HCi IE_PI_RSC)NALI_Y KNOWN 1ry0 MIE, CR HAS PRDDUCEC ___ AS IDEINTII=IC;A1-IC1N. L Notary Public: - State of FlorJd,a I rl 0a ru dIlClf'_�_4,161� 11Yl 7 Y7` Printed Narne N i 0 m "Ry .• •:'� CA�M[U10E: hCKx)tHCRTN Vy CCVk11SSI )V I FF 17%34 E EXRRES Ncvwn1xw 13, 2018 a Packet Pg. 311 16.A.2. b (Suret,.j Name and Ti1:le if Corporation) 'VVITNES"SE=S: Airlch Insurance C:onnpany OOL \, r rw r y ----- ------------------------- ---------- P'rinted Nalrriorritle.. Man WE_t_A�._Ginern - In Printed Narne: Anett_Cardinalle, Attlprne��_in--Fact_8t F=L_LiI_enfed RE!sidentAcrent I - _ - a '7 (Provide Proper IEvidencce of Authority) Z /. By:42tt BOY �i)F FLOI ' r _ , CEO WILLIS TAMPA. FL 3360 V INQUIRIES (03)281• �,5 Printed Name: Nela Belrnola 7­73 _ o U �4.<: NCN1011,�JL.E=C)GiIN11EaVl" STATE: OF FLORI131A COUNTY C►F I_IILLSBOROUGH c m 4- 0 as m c 0. N W THE FOREGOING PIERFORMA'NCE= SOND \ALAS A('KNC_)V/LE=DGiIED 13EF(3FZE= ME:- -THIS 15' DAY � OF Decernbe,r, 20114, BY Marc4aret A,_ 1'7)inem_ AS Atorney_in_Fact OF Arch Insurai"ICE! Company, WHO IS PEII:;SONALL)l KNOWN TO ME, CrR'. HAS 'PRODUCE=D PE= -------------- RSONALLY KNOWN TO ME � AS IDENTIFICA,TICIN. Notary F'ubliic -Slate of Florida. I`- __________ - Brandy L. Baich Brand), L. Baich +.QJInRICi;il]t11FF' I �,55- �.5()J ='-r c �► c`€.=Expires: AM G Z7, ,t018 •',�►a 'n�P Bon a ED 1;til LI i , 1111' IFI,�]HIRA M❑"I,AY, LLO Packet Pg. 312 16.A.2. b AIC 0000133287 THIS POWER cU= �i rT'ORNEY IS NOT VALID UNLESS IT IS PFUNTE'D O,N' BLUEBACKG3ROUND. This Power of Aftorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and I'el the extent herein stated. Not valid for Mom -grade, Note, Loan, Letter of Credit, Bar* Deposit, Currency Rate, Interest Rate or Residential Value Gluaira ntees. 13OW E: Ft 0F AI TC) R NI IE:'Y' Know All Persons By These Presents: That the Arch Insurance Cornpany, ai corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter re'`e:reed to as the "Cornpany" ) does hereby appoint: Anett Cardinale, Brandy Baich, David H. Carr Eileen C. Heard and (Margaret A. Giinern of Tampa, FL. (EACH) its true and lawful Attorney(s)in-pact 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 cleed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Niree� Million Dal"ars ($90 000 000g0). This authority does riot permit the same obligiation to be split into two or more bonds In order to bring each such bond within the dollar lim t of authority as set forth herein. The e;cecution of such bonds, undertakings, reecognizances and other surety obligations in pursuance of these presents shall be as binding upon they said Company as fully and amply to all intents and purooses, as if the sarne had been duly executed and acknowledged loy its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopl:ed by unainimous consent of the Board of Directors of the Company on Seotember 15, 2011, true and accurate copies of which are hereinafter set forth .and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Boarcl, the President, or the Executive V ce President, or any Senor Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the ;5ecretaiy, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize thorn subjecl to the limitations set forth in their respective powers of attorney, to execute en behalf of the Company, and attach the seal of the Company thereto, bonds. urderta<ings, recognizances and other surety obligations obligatory in the nature thereof, and any such offices of the Company may appoint agents for acceptance of proces,s." Th s Power of Attorney is signed, seeded and certified by facsimile under and by authority of the following resolution adopted oy the unanirnous consent of the Board of Directors of the Company on Septemoer'11i, 20111: VOTED, That the signature of the Chairman of the Board, the President, or the Executive V ce President, or any Senior Vice President, of the Surety Business Division, or Their appointees designated in writing acid filed with the Secretary, and the signature of the Secreiary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney o- bond executed pursuant to the resolution adopted by the Board of Directors or Septernber 15, 2011, and any such power so executed, sealed and certified with respect to any pond or undertaking to which it is attached, shall continue to be vai d and binding upon the Company. OCML0013 00 03 03 Paji? 1 of 2 Printed in U.S.A ti _w N 0 0 0 0 N J a M LO N T) N m m c O m r C d E t t� m ++ a Packet Pg. 313 16.A.2. b IE.SPILANgatIDE (IDLE AEMIID COUNTRY CLUB OF PSIAPLES PIPIL2 - PARCELS IE. Plan Set: 276-12-01.. I3ev 7 Parcel F Pia rCe) C�2: i�i31�C.E'l P.31 �1:a1 _01--------------- 1P l l -1 1ti'astewater i32,825.00 $77,C,37.11) :i31,Ci1. 73 $19C,137,2 70 liNater 554,168.00 $715,149.00 'i27,619.5D $15E,93650 Irrigation 'i273,891.75 $34,323,.25 $13,781.25 'i715,99E.25 Drainage 540,21175 $37,10E.75 $LL,022.50 i133,345.00 SW2--Total $513,150.45 i t-,77rcttk $173270 $916.33 $408.00 $2,3!37, Pairing >33,928.79 ;i7(5,474..7D $43,191..)5 $212,59414 Sub Total $220,950.137 Total $ir:14,101.11 1096 0 81 Nil $73 410.13 Bovicl Amouint M107,511.415 Notes: 1) "his Opinion of Probable Cost (0F'C) shall be used for budgeting purposes Only 2) "his OPC is based on fhe engineer's inclerdanding; of the current rules, regulatons, crdinances, and constuctiDin cost,. in effe t on the da e of this document. Interpretations of these construction or.t; may affect this DPC, and may requi a actostrn eats to delete, decrease, or increase porttors of this'J PC, 3) Wl costs provided n this OPC are based on recent contract pIces or the engineer s latest known unit cost;. These costs cinriet be guaran,.eed at this time due to unpredictable anc unconi rDiIAle increases in ttie cost of concrete, pet roleurn, or the avaiIabi1ily of materials and labor. 4) Does not include perm It fees or soft cost;. '_—) iI1111111i11II 5) Does not include enhanced lanascape or ha'escape featurespp c� ,BLS-r •' 'i` E. r'r"� , ' 1�) ,. heremy H. AO11117f, F r Hot da t re ll.i5i 6f4Z1'00; i����,,• /C� OK.11�'�►•, �'0 �'ri/s���(1iAL ��//,If I I (11111'11,1 ti CO N O O O 0 N J a M tO N to to m C O m r C d t t� co a Packet Pg. 314 16.A.2. b Col jer County Growth Management Department Development Review Division June 10, 2015 Arch Insurance Company 1125 Sanctuary Parkway, Ste. 200 Alpharetta, GA. 30009 RE: Performance Bond No. SU1130608 / Taylor Morrison Esplanade Golf & Country Club Phase 2 (Parcels E and G2) 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 $734,101.32, leaving an available surety of $73,410.13. The remaining surety represents the 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, JO&I HvaedswortA John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Jeremy Arnold, PE, Waldrop Engineering John Asher, Taylor Morrison Packet Pg. 315 Decrease PENALTY RIDER BOND AMOUNT $807,511.45 BOND NO. SUI130608 To be attached and forma part of Bond No. SU1130608 dated the 1st day of December, 2014, executed by Arch Insurance Company as surety, on behalf of Taylor Morrison Esplanade Naples, LLC as current principal of record, and in favor of Collier County, Florida, as Obligee, and in the amount of Eight Hundred Seven Thousand Five Hundred Eleven Dollars and 45/100 ($807,511.45). 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 loth day of June, 2015, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Eight Hundred Seven Thousand Five Hundred Eleven Dollars and 45/100 ($807,511.45) TO: Seventy Three Thousand Four Hundred Ten Dollars and 131100 ($73,410.13) The Decrease of said bond penalty shall be effective as of the 10th day of June, 2015, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this loth day of June, 2015. Taylor Morrison Esplanade Naples, LLC PRINCIPAL. BY: (/fit/ /�_ RcrrNoe/�n �GF.vT Arch Insurance Company SURETY Margaret A. Ginem, ATTORNEY -IN -FACT C/O WILLIS OF FLORIDA 4211 IN BOY SCOUT BLVD, #1000 TAMPA, FL 33607 INQUIRIES:(813)281-2095 Packe 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: Anett Cardinale, Brandy Baich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, 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, undertak r gs, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars ($90M0.000.00). 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 uponthe said Company as fully and amply to all intents and manses. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal adminisirbttvriy City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the-atMhel�f"sident, or the Executive Vice President, or any Senior Vice Press tl16 urety Business Division, or their appointeeikdiNigrlifted in writing and filed with the Secretary, or the Secretary shall �IUMtheJpMer and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This 'Power 'of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted -by the= unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company A d-,certifivaiions by the Secretary, may be affixed by facsimile on any power of attotppey,arbond executed pursuant to the resolution _ the Board of Directors on September 15, 2011, and any such t ecuted .:sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid dotftft upon the Company. OOML0013 00 03 03 Printed in U.S.A. Packe AIC 0000142821 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11'" day of February, 2015. Attested and Certified Arch Insurance Company tJOReratnrt 34 f ( j% v SM rvn Patrick K. Nails, Secretary David M. O a stein, Executive Vice President STATE OF PENNSYLVANIA SS M�Si COUNTY OF PHILADELPHIA SS I, Helen Szafran, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. M + 9W r,SN,hsyfwyWw NOT/IIMSFAL HE" STI4FR K NMYPLdic Cr m �` Qt�aher3,9Ai7 elen Szafran, tary ubli My commission expires 10/03/2017 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated February 11, 2015 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 TEST[ ONY WHE EOF, I have hereu to subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of 20 MS 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 g 111111100 Qa Philadelphia, PA 19102 wKrUSAre SIX iqn Mii{Otll� OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. Packe 16.A.2.c 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 ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES BLOCKS "E" AND "G2", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 57, PAGES 60 THROUGH 65, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 9, 2014, approved the plat of Esplanade Golf and Country Club of Naples Blocks "E" and "G2" 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 Esplanade Golf and Country Club of Naples Blocks "E" and "G2", pursuant to the plat thereof recorded in Plat Book 57, pages 60 through 65, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Esplanade Golf and Country Club of Naples Blocks "B" and "G2" 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: N� Derek D. Perry ti` Assistant County Attorney �� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman ti co N O 0 0 Co N J a. 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