Loading...
Agenda 06/27/2023 Item #16A 6 (Resolution - Private roadway and drainage improvements for the final plat of Edge 75 by Watermark)16.A.6 06/27/2023 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, acceptance of the plat dedications, for the final plat of Edge 75 by Watermark, Application Number PL20190000548 (FP) and Application Number PL20180003695 (SDP), and authorize the release of the maintenance security in the amount of $8,946. 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 October 15, 2021, the Growth Management Department granted preliminary site acceptance of the roadway and drainage improvements in Edge 75 by Watermark under PL20180003695 (SDP). 2) The roadway and drainage improvements will be maintained by the project's property owner's association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on November 19, 2021, 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 project's homeowner's association will maintain the roadway and drainage improvements. The remaining surety represents the 10% maintenance security of $8,946.00 to be released upon Board approval. The original security in the amount of $98,406 has been reduced to the current amount of $8,946 based on the work performed, completed, and pursuant to the terms of the Construction and Maintenance Agreement dated June 8, 2020. GROWTH MANAGEMENT IMPACT: No growth management impact is 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 Edge 75 by Watermark, Application Number PL20190000548 (FP), and PL20180003695 (SDP), and authorize: 1. To execute the attached resolution authorizing the 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. 458 16.A.6 06/27/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 25630 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 Edge 75 by Watermark, Application Number PL20190000548 (FP) and Application Number PL20180003695 (SDP), and authorize the release of the maintenance security in the amount of $8,946. Meeting Date: 06/27/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 05/22/2023 11:44 AM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 05/22/2023 11:44 AM Approved By: Review: Development Review Brett Rosenblum Additional Reviewer Operations & Regulatory Management Michael Stark Additional Reviewer Transportation Management Operations Support Evelyn Trimino Growth Management and Community Development Department Diane Lynch Growth Management and Community Development Department Jaime Cook Engineering & Natural Resources Diane Lynch Additional Reviewer Growth Management and Community Development Department James C French County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review 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 Completed 05/22/2023 12:48 PM Completed 05/22/2023 1:19 PM Additional Reviewer Completed 05/22/2023 1:52 PM Growth Management DepartmentCompleted 05/23/2023 2:55 PM Division Director Completed 06/01 /2023 9:20 AM Skipped 06/02/2023 5:28 PM Growth Management Completed 06/06/2023 11:55 AM Completed 06/11/2023 10:56 PM Completed 06/12/2023 12:55 PM Completed 06/14/2023 10:57 AM Completed 06/16/2023 9:51 AM Completed 06/16/2023 11:00 AM 06/27/2023 9:00 AM Packet Pg. 459 16.A.6.b CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE entered into this Rtlr day of Tnne referred to as "Developer", and Board of County referred to as the "Board". AGREEMENT FOR SUBDIVISION IMPROVEMENTS , 20 20 between N, YINIP1---t �1,2110 4. L_C hereinafter Commissioners of Collier RECITALS: County, Florida, hereinafter 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: F°UF 15 F11 WATERMARK 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: A oSidewalk along Bedzel Circle and Joyrose 15li Construction of a new read cross section for Sedzel Circle from the Joyrose Place intersection !o the end of Mallorca Street. Milling and overlaying a t inch layer of asphalt, and Developer will Cause to be constructed: instailation of supporting storm drainage system improvements along Bedzel Circle. within 24 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 $ 98.406 X1, 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. 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. Packet Pg. 461 16.A.6. b 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or designee. The County Manager or designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 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 81h day of June 20 2020 SIGNED IN THE PRESENCE OF: (Name of Entity) Witness: By: Printed Name: by "I Wh+, � 1 t t 1K i�. 'ku, Witnes r Printed Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority) Printe me: C Wlle 15TA L, C ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chairman n gality: Approved as to form 71 •. e'r Assistant County Attorney Packet Pg. 462 16.A.6. b PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Watermark at Naples FL Development, LLC 901 Wabash Ave., Ste. 300 Terre Haute, IN 47807 (Hereinafter referred to a "Owner") and Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, iL 60196-1056 317-753-3078 BOND NO. 9329287 (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 Ninty Eight Thousand Four Hundred Six and 00/100 Dollars ($ 98,406.00 ) 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 of a certain subdivision plat named Edge 75 by Watermark 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 Packet Pg. 463 16.A.6. b Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2nd day of June / 2020 / WITNESSES: (Owner Name and Title if Corpor�it n) Watermark at Naples F e✓ I p94t, LLC By: Pr' ted a . V, `, ��q Printed Name/TiVVIt& ma na 1/y (Provide Proper Evidence of Authority) Xinted Name ACKNOWLEDGEMENT STATE OF COUNTY OF 61:k •J THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF �un1-- l �l / , 20 -..v ,by �Vl ,`�"hr F� (NAME OF ACKNOWLEDGER) AS min r (TITLE) OF Wa�Zr&wV_ N LUuti AME OF COMPANY) WHO IS PERSONALLY K W TO ME, OR HAS PRODUCED AS IDENTIFICATION. NotaryPublic—Stateof TAW L ROBERTSON (SEAL) f� .`PPY A�B�'.-Notary Pu41,C. State of Intl�B�a o •' %= Parke C°u�ty �r _ -Z-,SEAL:.` Cammiss'on Number 703782 /7/{//7 '/]/�/ q Mn Z. �Rr•�! 6 n i My Comm,ss; " E%PIr.5 '' Np 2025 , `� `+ I'� SNP\, August 29, Printed Name WITNESSES: (Surety Name and Title if Corporation) Fideli Deposit o of Ma land Printed Name Printed Name/Title Debra Hutts, Attorney -in -Fact (Provide Proper Evidence of Authority) Printed Name Packet Pg. 464 16.A.6.b ACKNOWLEDGEMENT STATE OF Indiana COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS DAY OF 2nd June 20 20 by Debra Hutts (NAME OF ACKNOWLEDGER) AS Attorney -in -Fact (TITLE) OF Fidelity and Deposit Company of Maryland (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED Driver's License AS IDENTIFICATION. Notary Public —State of Indiana (SEAL) nj �d Printed Name Anita D. Stewart ANITA D. STEWART, Notary Public EAL " Vigo County, State of Indiana L Commission #680929 My Commission Expires March 12, 2024 Packet Pg. 465 16.A.6. b ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Debra HUTTS, Thomas G. WOODASON and Amy A. FREDERICK, all of Terre Haute, Indiana, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 10th day of January, A.D. 2020. 0 ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 1 Oth day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. i7�cti�t� i T`:z: �., Constance A. Dunn, Notary Public ::'`~ .,At 1e��� My Commission Expires: July 9, 2023 �h1i� it���' Packet Pg. 466 16.A.6. b EXTRACT FROM BY-LAWS OF THE COMPANIES . "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer 6r any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. J)4TIMONY EREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 14�w map SEAL � 1 1 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.roortsfclaimsAzurichna.com 800-6264577 Packet Pg. 467 16.A.6. b Edge 75 by Watermark Plat Engineer's Opinion of Probable Cost - Bond Amount Paving Unit Quantity Price Total 12" Stabilized Subgrade - Roadways and Parking SY 325 $ 2.00 $ 650.00 6" Limerock Base (Compacted and Primed) SY 300 $ 8.00 $ 2,400.00 1.5" Asphaltic Concrete Type S-III SY 250 $ 7.00 $ 1,750.00 Mill and 1" SP 9.5 Asphalt overlay LS 1 $ 10,000.00 $ 10,000.00 Concrete Sidewalk SY 1,400 $ 35.00 $ 49,000.00 Pavement Markings and Signing LS 1 $ 5,000.00 $ 5,000.00 Sub -Total $ 68,800.00 Storm Drainage Unit Quantity Price Total 18" HDPE LF 30 $ 48.00 $ 1,440.00 24" HDPE LF 85 $ 56.00 $ 4,760.00 24" RCP LF 10 $ 60.00 $ 600.00 TYPE 'C' EA 3 $ 1,540.00 $ 4,620.00 JB EA 1 6 1 $ 1,540.00 $ 9,240.00 Sub -Total $ 20,660.00 Total: $ 89,460.00 110% Bond Amount: $ 98,406.00 anr` Digitally signed by Francis J. Feeney, P.E. DN: c=US, st=Florida, 1—Bonita Springs, o=Q. Grady Minor & Associates, cn=Francis J. Feeney, P.E., email=ffeeney@gradyminor.com Date: 2020.05.07 14:58:25-04'00' G:\Engineering\PROJ-ENG\W\WATERSDPLT\06DP\02SDP\OPC\Bond Watermark 20200507 Page 1 Packet Pg. 468 Detail by Entity Name Page 1 o g 16.A.6.b Florida Department of State DIVISION OF CORPORATIONS org Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company WATERMARK AT NAPLES FL DEVELOPMENT, LLC Filing Information Document Number M19000011619 FEI/EIN Number 84-3164889 Date Filed 11/13/2019 State DE Status ACTIVE Principal Address 901 WABASH AVENUE SUITE 300 TERRE HAUTE, IN 47807 Changed: 01/24/2020 Mailing Address 901 WABASH AVENUE SUITE 300 TERRE HAUTE, IN 47807 Changed: 01/24/2020 Registered Agent Name & Address CORPORATION SERVICE COMPANY Packet Pg. 469 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResu]tDetail?inquirytype=Entity... Detail by Entity Name Page 2 o 16.A.6.b 1201 HAYS STREET TALLAHASSEE, FL 32301 Authorized Person(s) Detail Name & Address Title MANAGER THRIFT, PAUL M. 901 WABASH AVENUE SUITE 300 TERRE HAUTE, IN 47807 Annual Reports Report Year Filed Date 2020 01 /24/2020 Document Images 01/24/2020 -- ANNUAL REPORT View image in PDF format 11/13/2019 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... I Packet Pg. 470 16.A.6. b 00i Pler 0014nty Growth Management Department Development Review Division September 27, 2021 Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5" Floor Schaumburg, IL. 60196-1056 RE: Performance Bond No. 9329287 / Watermark at Naples FL Development Edge 75 by Watermark development PL20190000548 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 $89,406.00, leaving an available surety of $8,946.00. The remaining surety represents the 10% maintenance security of $8,946.00, An original Bond Rider should be submitted to this office reducing the value of the security, "all other terms and conditions of the original Performance Bond to remain in full force and effect". This reduction will become effective upon our receipt of the original Bond Rider. If I can be of any further assistance to you in this regard, please let me know. Sincerely, ,7GHN HOULDSWORTN John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Grady Minor Developmeri Review Qmsion • 2f3W Norfh Hase4= Dave • Naples, Rands 34104.239.252-2400 • wrvw cokrwYrd Packet Pg. 471 1 ti.A.6. b GENERAL SURETY RIDER To be attached and form a part of Type of Bond: General Improvement Bond Bond No.: 9329287 Dated effective: 6/2/2020 (MONTH, DAY, YEAR) executed by: Watermark at Naples FL, LLC , as Principal, (PRINCIPAL) and bv: Fidelity and Deposit Companv of Maryland , as Surety, (SURETY) and in favor of: Collier County . (OBLIGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 10/7/2021 (MONTH, DAY, YEAR) Signed and Sealed 10/7/2021 (MONTH, DAY, YEAR) Watermark at Naples FL, LLC PRINCIPAL TITIJ'. Fidelity and Deposit Com anv of Maryland SURETY BY:zi&g 4v— Debra Hutts, ATTORNEY -IN -FACT „ao Co `�0Qo5� a /OPP ORgT i o�=' y` i�yo XQJa$'o pnnu nnPoo, Packet Pg. 472 16.A.6. b ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Catherine KRUEGER, Thomas G. WOODASON, Debra HUTTS of Terre Haute, Indiana, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 09th day of April, A.D. 2021. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 09th day of April, A.D. 2021, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,�,,uurrrp CL :, ;.• ,�tr.��.; ���� Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Packet Pg. 473 16.A.6.b EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of October . 2021 . O's ��8iA6 wr ,111111111111„,' �Qosa con,pa,, .''annn,,,,,,a�`�• JJl By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reDortsfclaimsnu.zuriclina.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Packet Pg. 474 16.A. t3. b Thu 9/30/2021 9-Z3 AM A!vare-Kyle Re: Edge 75 by Watermark Bond Reduction Request to ■ JohnHouldsworthVFN 8 You replied to this message on 9/30/2021 9:50 AM. Bing Maps John this is good to go. Thank you, Kyle Sent from my iPhone On Sep 27, 2021, at 9:44 AM, JohnHouldsworthVEN <John.Houldsworth@colliercountyfl.pov> wrote: Kyle, Can you take a look at this in Joe's absence? Thank you Respectfully, John Houldsworth Senior Site Plans Reviewer Packet Pg. 475 16.A.6.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 EDGE 75 BY WATERMARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 68, PAGES 78 THROUGH 81, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 14, 2020, approved the plat of Edge 75 by Watermark 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 Edge 75 by Watermark, pursuant to the plat thereof recorded in Plat Book 68, pages 78 through 81, and the Clerk is hereby authorized to release the maintenance security. c BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage ° improvements within Edge 75 by Watermark will be maintained privately in the future and will c not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2023. E DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA a CRYSTAL K. KINZEL, CLERK By: Deputy Clerk Approved as to form and legalit O Derek D. Perry Assistant County Attorney Rick LoCastro, Chairman [23-EIS-04865/1793073/1] Page 1 of 1 Packet Pg. 476 a,.,.,,„.mw 9�.roa•=..w.==v a ww r=.w .y a s OMO Ai—Ml 11 ltl bO1VD— s 3 l— 90 6LOZ —uns —Mdd Awns:9 O o r'f $ gW�y"y1, 1' i7'rt'n .xy 88 LU m W� Q e F r �� sl O O O O Oe ! O 1 lid U"\C OC4 ili11 OAl9 tltltl9tlV9 VN5 2 4, Z �` 3k nC �8 o �' ® �a �, Qw aU� m N ox $ KIP1�e will o z o S ON q psi o0oa zaig ���>� �e� Z Z Z CSW m poll �- _�; e a a O�c �O WAY "4 gg 11 pp i li c � h � ' ' h 3 NE11 long H IS a lad Hiss a - g shop,�p11�� i�° e� a V tau InTd a �09 o; W w � pf ill s„ ea �a�� �� � ci� �€ f o =- OMO'A Htl d-9O-6L tll 7d NO1MJIlitl S1N3YVLtltldtl NYtlW8— - 90 6LOZ ANtlf15 L rOBd A3 5 7 � I 1 roh r r W. 0. Ir F(nLL ad 'Lots aa)'.� "mayn -i 3ny .oror "Fs. I ' I d I � :jb~I 0. l G�/��-----loll T � 3.n9ZY 6B5 y.�� 6rg Qc IN, .ill c �• p�fz,�O i ;�� mill ��� �� Ili' �a \� 000�� 11 o mll'm m o , r _ _'_ �� a ww1` O • \ i?i� �_ _ _ _ __ __ ______________ __ _,Sl'60Z- 3,66,L6.6B=_____._�TN •6LBfl \ zz Qb=__========__�=___----_-_-_- _ __ I �, 1 _ O !l g m.o• '' (n¢n oms aro)___-__' `__1 .r,' r rt J q' k. I I O ! 1______________ h -T !r _ r____ _________ ______________ _ ________ ___ ___ _____________ _ _ - I �J � l S" L"L a SS F- ) Ir _______r_________ -L 1 as 1 �8'�-�1KUrd5Yd w,o'ol ,,, W I (r Lnxs a6s - I I i 2� �-? inn _ n _ __+," F N '3 d If 6f W z m z m I m m m r (f us 33s) $ (b ta3ra' za1 l -_ T. \ - JSllI7. jSIIYIJSI° LB.E. I ffi 9 '._.. 411 y _.,.-1�._._.___ 'r-_ __________ i u']'B'd'3n0 LU zi 67 asn m---1---------� ,0'Ol ~3m � (a usz xzzar) I �Y m� r.aEp ti _ % 8 8 I'-✓ w am oa. sz.P IBs6) lbL"a HAi ao e ',�M o,� � � o~ � o� � Zo � a Nh^. J 1 � oa nr�eru) _ - _ ss'esL (GWA3'Ynoa S AVIV RRRO re ovoa alvls b _ %% g 8 $ 8 $ $ ^ $ $ 8 $ $ 8 $ $ $ 30.0"aaE. (U.R. iS52 !4'z141) 90'S6! 3 "Zb,Zb.6B S a I/II%IT1Il1I1ITII ,b66S( M.Zb,Zb.6BN _ l _l OM(I•/3M-l1d-90-61 tlld A3lltl t101tlJllltl 61N3YLLNtlde' NNtlWM31VM - 90 6tOZ A3ALf15 1J3roNd 5 DQ 11 00 Y � e 3 Lu a gs pie " ao WEB o W� ao m R V 3 $x O N O iz P �: �r96613 [ SI'N'0) nq1 41 =W 3ny.oYl r ` � O ~ �_� _ �rF01 9d 'ILOZ 'tl'O) "m •� ,`�,r , rBYll �l '65ZS J � �' Xi1 B — N3HhD] id1-001________ ________ _______� $______________ _______ __ 4 , s--------------- -- Q---------------------_----------------------- q�OW�— _- �1 ---------------- - - M,Bn,Ll.O S ______ �$ i 6S'! O W i --- �' ,zz9s �J� Ie ,r 2ii--5,tn,<lo H -- 1 ---------------- .._________ ,•9_9' M,91,L1.05, n ' '� r , ` y .BZ'&� - 3.91.C(4 N _____________ ' iew o £^ lN3n'35Y3d�'f,.OVIffi .NI yl �1Ji n r955£9dBl6Y 1Po v 'I'I''(���YYI�YYYIII r~Vly� , ] ) i--- ------ :- 17 -------- - .--------------------'"'' i y ��r�azz 9e zssl ao) , I rn �g - ,(9'lLl 3,ZC,LIAN / l'N'J,0D9 Sr i l iiee , �c i� i• ------------------------------------- - "— ,e S5] _ - i i , 615Y1 ILL -- ------ZAN -11 ,atirii -3 sT- - _ - J r ------------- -WI L 3na - r - �+ - W (fYLZ 9! 'LBLS !p .LIITZf AIi1 ,.9Y,LF0 N R m R ln'9 R $ 3n'9 ,BUF ��a„�8�aak=�aa ax a a�skk�a ee_am ����,�ryr NON �ryryaoN� J ti N e�� '•+' � W� h u� e o g o a� a '�o g o R S 3 a,.w,„.mbv 91 •roa � •=.=w.==. L.II . es9:a e.w rele:w.ww=.wv 3 DMO'A3-l1d-90-6t tlld A3lN bO1HJIIN—3W1Wdd NNtlY1M31NM - 6— A3 ons 103o0Nd : 1113, W 4 W y i a a g x <w � _y m j On Uo g 3u uj em 3m e`a V �5v o-II gZ q N M,SY,LYZ x,_ _ _._._ _ _ _ V y.,=z v�i ��� � w JN3IPJSIJ 30MFM15'0 F. �I ,Z6'60l 3 ,4Y,8Lo S 'y 3 ,46,BZA 5 , cn --------------- "�I ---� ,�� (lbza oe 'zssl 'ao) N _ kN iz 1-1- 1x3N35Y9 MI,OOI_______ __ __________ -------------- ___ ________ ___�- ]"0.Or!-�vz o - -- --- 3. .[[.D N --TT _ -L . } ___ __ _______ __ __ C W i 15.0, o.E A-�' _ __T________ ti Q [� --------------------_---- — W ` W ;�TII rVl: U l Y , z , o� ---------------------------------- „ --- — --- R 1 I ; __________________L;I I 99Ls (f lvxs 3S � ,I 1N3x39b3 'Jdd,00l ______ __ ', ____-L1 9_ O___� 6-------------------------- -------------- ^ i M.91, �PR � ---1- 'Y,OB"06 3 .BI.L(O N ti I lr L3xrs 3ds9� \ ti r Ej 10 i______________i 1 •\� ��\\\\\\\\\\\\\\lll1��++ Z , „ I I W n .________-- 1 f MER W�_________ _J----------------- W ......... ---+ -tom. I F - ----------- W 9 l k l a ,f0'Z9Z M,S£ClA 5___________ ___________� T- R m � 3no __________.__._________.__.___.J_________._.__._._._.... ._.______._ ,4!'ILL 3,96,ZZA9 ,ZO Zf M.s>ZLON O N � '0d 'a'OJ p Q W � (09LL LOLS $ $ 1NSN36Yd 'J'df � y ,00( ,zD'nz M,sbzzox 13uu yyy� _ _ I (Jt�n�J3sw xnuul I I .. 1.Aat I I �� a a k a a a$ a g a a$ a a a a a k n R R� R R� 8��$ R���� 4 R