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Agenda 09/12/2023 Item #16A 8 (Resolution - Final acceptance of the plat dedications for the final plat of Vanderbilt Reserve)09/12/2023 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications (including fee simple ownership of Tract R1), for the final plat of Vanderbilt Reserve, Application Number PL20180000356, and authorize the release of the maintenance security in the amount of $344,510.02. OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure improvements associated with the subdivision, accept the plat dedications (including fee simple ownership of a County roadway), and release the maintenance security. CONSIDERATIONS: 1) On March 13, 2020, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Vanderbilt Reserve. 2) The roadway and drainage improvements, except for Tract R1, will be maintained by the project’s homeowner’s association. Tract R1 was dedicated to the County on the plat in fee simple with responsibility for maintenance, and the County will accept maintenance responsibility of this Tract for drainage and stormwater purposes. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Community Development Department inspected the improvements on July 18, 2023, and recommend final acceptance. 4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the resolution is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowner’s association. Maintenance costs for Tract R1 will be from the Transportation Services Operations and Maintenance budget. The existing security of $344,510.02 will be released upon Board approval. The original bond of $2,073,740.02 was reduced to the current amount based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated July 27, 2018. 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 Vanderbilt Reserve, Application Number PL20180000356, and authorize: 1. To have the Chairman execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. Authorize 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. 343 09/12/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 26288 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications (including fee simple ownership of Tract R1), for the final plat of Vanderbilt Reserve, Application Number PL20180000356, and authorize the release of the maintenance security in the amount of $344,510.02. Meeting Date: 09/12/2023 Prepared by: Title: Technician – Development Review Name: Lucia Martin 08/08/2023 10:08 AM Submitted by: Title: Environmental Specialist – Growth Management Community Development Department Name: Jaime Cook 08/08/2023 10:08 AM Approved By: Review: Development Review Brett Rosenblum Additional Reviewer Completed 08/08/2023 10:20 AM Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/08/2023 5:33 PM Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted 08/08/2023 6:24 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/09/2023 3:31 PM Growth Management Community Development Department Jaime Cook Division Director Completed 08/10/2023 9:33 AM Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed 08/14/2023 11:01 AM Road Maintenance Marshal Miller Additional Reviewer Completed 08/14/2023 4:18 PM Growth Management Community Development Department James C French Growth Management Completed 08/22/2023 4:39 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/24/2023 10:35 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2023 10:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2023 8:29 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2023 5:12 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2023 5:05 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM 16.A.8 Packet Pg. 344 VANDERBILT RESERVE LOCATION MAP 16.A.8.a Packet Pg. 345 Attachment: Location Map (26288 : Final Acceptance - Vanderbilt Reserve) CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into thisT-H-VVv day of ^ / / , 20 18 between Sobel Vanderbilt, LLC. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board. RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Vanderbilt Reserve 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 asfollows: 1. Developer will cause to be constructed: Roadway, Utilities, Drainage, etc. within 18 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 $ 2,073,740.02 - 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 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 his designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the 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. 346 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each 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 his designee. The County Manager or his 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 his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision 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 2T7-VV-I day ofJo\-^ / / , 20 . SIGNED IN THE-PRESENCE OF: l sf A (Name of Entity) Sobel Vanderbilt, LLC. By:. Byiz^ Printed Name Printed Name/Title (President, VP, or CEO) Tirso San Jose -Samuel R. Sobel, Managing Member (Provide Proper Evidence of Authority) Printed Name Tiffany Davis * liJi tt-)* 5 S Printed Name Mari?ol dark Gibson ' [ijtXfll Sj ATTEST-ATTEST: CRYSTAL K. KINZEL, INTERIM CLERK X \i A f\ fixx - By: Deputy Clerk , I... App/ovetf as to forrtt and let ttest 38 to Chsirmsn s /: JL CO RS CO ER NTY FL c r. BOARD OF ***^^ tot f ^ \ Assistant County Attorney 16.A.8.b Packet Pg. 347 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) PERFORMANCE BOND BOND NO. 2190854 KNOW ALL PERSONS BY THESE PRESENTS: that Sobel Vanderbilt, LLC (Name of Owner) 2385 NW Executive Center Drive, Ste 37 0 (Address of Owner) Boca Raton, FL 33431 (Address of Owner) (Hereinafter referred to as "Owner") and Great American Insurance Company (Name of Surety) 301 E 4th Street (Address of Surety) Cincinnati, OH 45202 (Address of Surety) 201-661-2381 (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 mih™s«wiy-Tiir«Th«wm smnfoty«y>02/'g°_ Dollars (< 2.073.740.02 ) 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 vanderbilt Reserve ancj 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. 348 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) 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 characterwhatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 4th day of June, 2018 -7 Sobel V ilt. LLC *7 Principal 7 By: Jeffrey E. Sobel, Member Name & Title Witness: JJC Ka JLs_ /f /-L- rr Name & Title Great American Insurance Company c Debra J. Lzra; Atty-in-Fact ^Urto^Aylc Kbrtr> Name & Titl( Witness: ACKNOWLEDGEMENT STATE OF. r/pmh-' COUNTY OF TH£ FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF • '/ i *?&/%' - by ;. 7^'y f. S~£>$ (NAME OF ACKNOWLEDGER) AS Af (TITLE) OF // + , - (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of / I#///£-&--' (SEAL) £> £//U 16.A.8.b Packet Pg. 349 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) SURETY ACKNOWLEDGEMENT WITNESSES: / Printed Name: Y I ^ 1 ^ Great American Insurance Company T), 0 r Printed Name: , /£ jC/£csa j 7~f C^7 By: _ Printed Name/Title:-7 Debra J. Ezra (Attv-In-Fact) (Provide Proper Evidence of Authority) NOTARY ACKNOWLEDGMENT STATE OF New Jersey COUNTY OF Bergen THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4th DAY OF June , 20 18 . BY Debra J. Ezra AS Attorney-in-Fact OF Great American Insurance Company WHO IS.. PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of _ (SEAL) 4Z2L Printed Name KAREN oWiSTAK OTARY PUBLIC OF NEW JERSEY ID H 50011902 Yl 'W'2020 16.A.8.b Packet Pg. 350 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX No. 0 20450 POWER OF ATTORNEY KNOW ALL MEN BYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below Address ALL OF MAHWAH, NJ Limit of Power ALL $100,000,000 Name ROBERT G. LULL BRADLEY W POST DEBRA J. EZRA KEITH B. ADAMS CARL A. GERSON GARRETT POST This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8TH day of Attest Assistant Secretary SEPTEMBER GREAT AMERICAN INSURANCE COMPANY 2015 c. sx. Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID c KITCHIN (877-377-2405) On this 8TH day of SEPTEMBER , 2015 , before me personally appeared DAVID C. K.ITCH1N, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. Susan A. Kotont Notary Pubfc, State of OMa My Conrnksiori Bqptrei 06-1M020 Q/A-Cr. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisona! Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time RESOLVED FURTHER: That the Company sea! and the signature of any of the aforesaid officers and any Secretary or Assistant Secretaiy of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when 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. CERTIFICATION .u d i •' STEPHEN C Assis,ant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of 16.A.8.b Packet Pg. 351 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) > Griiaiamimican. INSURANCE GROUP 301 East Fourth Street Cincinnati, OH 45202 GreatAmericanlnsuranceCroup.COm GREAT AMERICAN INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND CAPITAL & SURPLUS AS OF DECEMBER 31, 2017 ADMITTED ASSETS Bonds S 3,060.398,285 Stocks - 1,120,055,822 Mortgage loans on real estate 308,124,727 Real estate (net of encumbrances) 58,358,036 Cash and short-term investments 520,408,082 Other invested assets 430,810,257 Receivable for securities 7,897,029 Divestment income due and accrued 27,048,212 Agents' and premium balances 594,218,747 Reinsurance recoverable on loss and loss expense payments... 52,851,306 Net deferred lax asset 140,164,743 Receivable from affiliates 8,697,586 Receivable from Federal Crop Insurance Corporation 493,151,000 Company owned life insurance 182,436,210 Funds held as collateral 21,842,395 Funded deductibles 23,360,505 Other admitted assets 26,701,805 Total $ 7,076,524,747 LIABILITIES, CAPITAL AND SURPLUS Unpaid losses and loss expenses S 3,234,968,473 Reserve for underwriting expenses 250,415,601 Federal and foreign income taxes 16,201.046 Reserve for unearned premiums 1,213,165,459 Ceded reinsurance premiums payable 116,264,469 Funds held under reinsurance treaties 528,220,952 Retroactive reinsurance ceded (152,393,446) Other liabilities 201,309,283 Total liabilities 5,408,151,837 Capital stock S 15,440,600 Paid in surplus 801,812,831 Special surplus funds 108,684,165 Unassigned funds 742,435,314 Policyholders' surplus 1,668,372,910 Total $ 7.076,524,747 Securities ha\e been valued oo the basis prescribed by the National Association of Insurance Commissioners. STATE OF OHIO COUNTY OF HAMIL TON SS.: Robert J. Schwartz, Vice President and Controller, and Stephen Beraha, Assistant Vice President and Assistant Secretary, being duly sworn, each for himself deposes and says that they are the above described officers of the Great American Insurance Company of Cincinnati, Ohio; thai said Company is a corporation duly organized, existing and engaged in business as a Surety by virtue of the laws of the State of Ohio and has duly complied with all lite requirements of the laws of said state applicable to said Company and is duty qualified to act as Surely under such laws; that said Company has also complied with and is duly qualified to act as Surety under Public Law 97-258 enacted September 13, 1982 (96 Stat. 1047 as amended: 31 U.S.C. 9304-9308); that to the best of their knowledge and belief the above statement is a full, true and correct Statement of the Assets, Liabilities and Capital & Surplus of the said Company as of December 31.2017. Subscribed and sworn to before me tin's I5lh day of March, 2018. NNIFtR YER v -v v troll V Assistant Secretary 16.A.8.b Packet Pg. 352 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) t G REAlfuygpICAlr. !NSURANCE GROUP BOND RIDER To be attached to and form part ofa PERFORMANCE BOND 2190854Bond No. Issued to SobelVanderbilt, LLC as Principal,Great American Insurance Comoanv as Surety And as Obligee. Collier County, Florida It is understood and agreed that the bond is changed or revised in the particulars as checked below: ! Name and Address of Principal changed; Amount of bond ! Increased [Oecreased By: [] other BOND NUMBER CHANGED TO 2190853 said Bond shall be subject to all its terms, conditions and limitations, except as herein expressly modified. This Bond Rider shall become effective as of 96794716 Signed, sealed and dated October 25,2021 By:J Aaron V. Nowland, Attorncy- 16.A.8.b Packet Pg. 353 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) GREAT AMERICAN TNSURANCE COMPANY@ Administrative Office: 3Ol E 4TH STREET o CINCINNATI, OHIO 45202 ' 513-369-5000 o FAX 513-723'2740 The number ofpersons authorized by this power of attomey is not more than THREE No.0 21537 POWER OFATTORNEY KNOWALLMENBYTHESEPRESENTS: ThattheGREATAMERICANINSURANCECOMPANY,acorporationorganizedandexistingunder and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually ifmore than one is named, its tnre and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf olthe said Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address ALL OF MAHWAH, NJ Limit of Power ALL $100,000,000 ROBERT G. LULL AARON V. NOWLAND ANTHONY M. SPINA This Power ofAttomey revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 24fH day of OCTOBER 2018 x ..r,\ WJ l$cr.B-_GREATAMERI'*W;'/T,*Attest Assislanl Secretary Divisional Senior l/ice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK vlcARlo (877-377-24051 Onthis 24IH dayof OCTOBER , 20lS,beforemepersonallyappearedMARKvlcARl0,tomeknown, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insuiance Company, the Companydescribed in and which executed the above insfunrent: that he knows the seal ofthe said Company: that theseal affixed to the said instrumeni is such corpoiate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. ..Ha*n*i ?-P€dffs CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, the Resolutions ofthe Board ofDirectors ofJune 9, 2008 have not been revoked and are now in full Signed and sealed this 25th day of October /-**-ad4* l$cr.Bi__= do hereby certiff that the foregoing Power ofAttomey and force and effect. 2021 SUSAN A KOHORST Xotary Publtc State of 0hlo I'ty Comm. Bglrer Itay 18, 2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Wce Presidents and Divisonol Assistant Vice Presidents, or any one ofthem, be and hereby is authorized,from time to time, lo appoinl one or more Altorneys-in-Fact to execute on behafofthe Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other wriuen obligations in the nalure thereof; to prescribe their respective duties and the respective limits oftheir authority; and to revoke any such appoinlment at any time. RESOLVED FL/RTHER: That the Company seal and the signature oJ ary of the ajoresaid fficers ond any Secretary or Assistant Secretary of lhe Company nny be afixed byJacsimile to any pott,er of attorney or certficate of either giventor the execution olany bond, undertaking, contrdct oJsuretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch oficer and the original seal of the Contpany, to be valid and binding upon the Comparyt with lhe same force and effect as though manually afixed. s1029AH (03/20) Assislanl Secrelsry /..r"G,\ w# 16.A.8.b Packet Pg. 354 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) c,iff",Cov*tty Groudfr Management Division Planning & Regulation Land Development Seruices February 19,2021 Great American Insurance Company 301 E 4'h st Cincinnatti, OH 45202 RE: Performance Bond No. 2l 90854 / Sobel Vanderbilt , LLC Vanderbilt Reserve; PL20 I 80000356 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 $1,729,230.00, leaving an available surety of $344,510.02. The remaining surety represents $155,988.20 in uncompleted improvements, plus the required l0o/omaintenance security of $1,885,218.20. 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 not become effective until 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, loHN HOUTDSWORTH John R. Houldsworth Senior Site Plans Reviewer With authority in these matters CC: James A. Carr, PE, Agnoli, Barber & Brundage, Inc. Sobel Vanderbilt,LLC 16.A.8.b Packet Pg. 355 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) G REAQ{zVtfRlCAX. INSURANCE GROUP BOND RIDER To be attached to and form part of a Performance Bond Bond No. 2190853 (Changed by Riderfrom 2190854) lssued to SobelVanderbilt, LLC as Principal,Great American Insuran Cclmoanv as Suretv And Collier County, Florida as Obligee. It is understood and agreed that the bond is changed or revised in the particulars as checked below E Name and Address of Principal changed; Amount of bond f]lncreased fiDecreased By . One Million, Seven Hundred Twenty Nine Thousand, Two Hundred Thirty and 00/00 ($1 ,729,230.00) Dollars To: Three Hundred Fortv Four Thousand.Five Hundred Ten and02ll00 ($344.510.02) Dollars I other said Bond shall be subject to all its terms, conditions and limitations, except as herein expressly modified This Bond Rider shall become effective as of 92119121 Signed, sealed and dated 09129121 Great American Insurance Company By:{ Aaron V. Nowland, Attcrney-in-Fact ,i., 16.A.8.b Packet Pg. 356 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) GREAT AMERICAN TNSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET o CINCINNATI, OHIO 45,202 . 513-369-5000 o FAX 513-723-2740 The number ofpersons authorized by this power of attomey is not more than THREE No.0 21537 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually ifmore than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalfofthe said Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any such bond, undertaking or contract ofsuretyship executed under this authority shall not exceed the limit stated below. ROBERT G. LULL AARON V. NOWLAND ANTHONY M. SPINA Name SUSAN A KOHOR,ST Xotary Publtc State of Ohlo lly Comm. Erplrer flay 18, 2025 Address ALL OF MAHWAH, NJ Limit of Power ALL $100,000,000 This Power ofAttomey revokes all previous powers issued on behalfofthe attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPAI.IY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 241H day of OCTOBER 2018 Attest Assislul Secrelary Divisionol Senior hce President STATE OF OHIO, COUNTy OF HAMILTON _ ss: MARK vtcABro (877-377-24051 On this 241H day of OCTOBER , 2018 , before me personally appeared MARK VICARIO, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Companyi that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority ofhis office under the By-Laws ofsaid Company, and that he signed his name thereto by like authority. t$c .REATAM*L^"W',i;rr* t :E%oi',.ffiP"i /,**-Adt,", This Power ofAttorney is granted by authority ofthe following resolutions adopted by the Board ofDirectors ofGreat American Insurance Company by unanimous written consent dated June 9, 2008. RESOLYED: That the Divisional President, the several Divisional Senior Wce Presidents, Divisional hce Presidents and Divisonal Assistanl hce Presidents, or any one ofthem, be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contacts ofsuretyship, or other written obligations in the nature thereof; lo prescribe their respeclive dulies and the respective limits oftheir authority; and lo revoke any such appointmenl at any time. RESOLVED FURTHER: That the Company seal and the signature o/ any of the aforesaid fficers and any Seuetary or Assistant Setelary o/ the Company may be afixed byfacsimile to any power oJattornelt or certificate oJeither givenfor the execution oJany bond, undertaking, contracl otsuretyship, or other v/ritten obligation in the.nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature oJ'such oficer and the original seal ofthe Contpany, to be valid and binding upon the Company vith the same force and effect as though manual$t afltxed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attomey and the Resolutions ofthe Board ofDirectors ofJune 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 29th day of September , 202.14., s1029AH (03/20) Asrislqnt Secre!qr,i B.;@ 16.A.8.b Packet Pg. 357 Attachment: Bond Basis (26288 : Final Acceptance - Vanderbilt Reserve) A RESOLUTION OF THE BOARD OF COUNTY CON{MISSIONERS OF COLLIER COUNTY, FLORIDA, ACCEPTING COUNTY MAINTENANCE RESPONSIBII,ITIES AND FEE SIMPLE OWNERSIIP FOR TRACT RT, AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VANDERBIT,T RESF],RVE, ACCORDING TO THE PLAT THEREOF RECORDED IN PI,AT BOOK 64, PAGES 50 THROUGH 55, ACCEPTING THE PLAT DEDICATIONS, AND AUTHORJZING RI,LEASE OF THE MAINTENANCE SECURITY, WI{EREAS, the Board of County Commissioners of Collier Counry, Florida" June 12, 2018, approved the plat of Vanderbilt Reserve for recording; and WHEREAS, the Dcvcloper has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Dcvclopment Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, Tract R1, Vanderbilt Reserve, according to the plat thereof rccorded in Plat Book 64, Pages 50-55, in the Public Records of Collier County, Florida, were dedicated to the County in fee simple with the responsibility for maintenance in plat dedication paragraph B.3; and WHEREAS, the County seeks to formally accept maintenance responsibilities and fee simple ownership fbr Tract R-1, Vanderbilt Reserve, according to the plat thereof recorded in Plat Book 64, Pages 50-55, in the Public Records of Collier County, Florida; and WI{EREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release ofthe maintenance security; and WI{EREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT R-ESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceplance is hereby granted lor those roadway and drainage improvements in Vanderbilt Reserve pursuant to the plal thereof recorded in PIat Book 64, pages 50 through 55, that the plat dedications be accepted (including the fee simple interest in Tract Rl with maintenance responsibilities), and the Clerk is hereby authorized to release the maintenance security. Page I of2 cao RESOLUTI()N NO.23-_ I l 6-Ers-033591I 806948/r',l 16.A.8.c Packet Pg. 358 Attachment: Resolution (26288 : Final Acceptance - Vanderbilt Reserve) BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvemenls within Vanderbilt Reserve, except for Tract R1, will be maintained privately in the future and will not be the responsibility of Collier County. Collier County will own and maintain Tract R-1, which was dedicated on the plat to the County in fee simple as a public right-of-way. This Resolution adopted after motion, second and majority vote favoring same, this _ day of _,2023. DATE: ATTES'I': CRYSTAL K. KINZEL, CLERK Deputy Clerk Approvcd as to fbrm and legality: Dcrek D- Perry Assistant County Atlomey BOARD OF COLTNTY COMMISSIONDRS COLLIER COUNTY, FLOzuDA llv: Rick LoCastro., Chairman oYo I r6-Ers-03359/ 1806948/ l I Page 2 of 2 0 ( 16.A.8.c Packet Pg. 359 Attachment: Resolution (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 360 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 361 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 362 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 363 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 364 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve) 16.A.8.d Packet Pg. 365 Attachment: Plat Map (26288 : Final Acceptance - Vanderbilt Reserve)