Agenda 11/14/2023 Item #16A 5 (Resolution - Final acceptance of the private roadway and drainage improvements for Esplanade Golf and Country Club)11/14/2023
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, Application Number PL20120001261, and authorize the release of the maintenance security in the
amount of $436,726.39.
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: On April 22, 2016, the Growth Management Department granted preliminary acceptance
of the roadway and drainage improvements in Esplanade Golf and Country Club of Naples.
The roadway and drainage improvements, except for the sidewalk easements (SWE), will be maintained by
Esplanade Golf and Country Club of Naples, Inc. The sidewalk easements were dedicated to the County on the plat
with responsibility for maintenance, and the County will accept maintenance responsibility for these sidewalk
easements (SWE).
The required improvements have been constructed in accordance with the Land Development Code. The Growth
Management Department inspected the improvements on October 3, 2023, and recommends final acceptance.
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 document is
attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by Esplanade Golf and Country
Club of Naples, Inc. Maintenance costs for the sidewalk easements (SWE) will be from the Transportation
Services Operations and Maintenance Budget. The existing security in the amount of $436,726.39 will be released
upon Board approval. The original security in the amount of $4,563,388.58 has been reduced to the current amount
of $436,726.39 based on the work performed and completed pursuant to the ter ms of the Construction and
Maintenance Agreement dated May 13, 2013.
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 Esplanade Golf
and Country Club of Naples, Application Number PL20120001261. To execute the attached resolution authorizing
final acceptance of the improvements and plat dedications and authorizing 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. [Linked] Plat Map (PDF)
16.A.5
Packet Pg. 311
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 26908
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, Application Number PL20120001261, and authorize the release of the maintenance security in the
amount of $436,726.39.
Meeting Date: 11/14/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/10/2023 4:30 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/10/2023 4:30 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/10/2023 5:18 PM
Development Review Brett Rosenblum Additional Reviewer Completed 10/13/2023 11:41 AM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/17/2023 11:23 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/17/2023 1:07 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/19/2023 9:17 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/23/2023 12:23 PM
Road Maintenance Marshal Miller Additional Reviewer Completed 10/24/2023 9:24 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/30/2023 9:49 AM
Growth Management Community Development Department James C French Growth Management Completed
11/01/2023 12:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 9:20 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 10:11 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/01/2023 4:06 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/02/2023 10:31 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.A.5
Packet Pg. 312
ESPLANADE GOLF AND COUNTRY CLUB
OF NAPLES
LOCATION MAP
16.A.5.a
Packet Pg. 313 Attachment: Location Map (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THI; �Q""5TRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this _t:.3·HJ day of May ! ____ _, ____ __, 20 13 between Tay1orMorrisonEsplanadeNaples,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: Esplanade Golf and Country Club of Naples
B.Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
1.Developer will cause to be constructed: �5. �U\ru;J:) �ot!,,t\ \ O�t.l �"t.t,
within 12 months from the date of approval of 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$ 4.ss3 ,3ss.5s -which amount represents 10% of the
total contract cost to complete the construction plus 100% of the estimated cost 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 such 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,
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.5.b
Packet Pg. 314 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
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 of 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 t 3th day of V\11 & \/ ! ___ __, ___ ___, 20 Li
SIGNED IN THE PRESENCE OF:
Printed Name
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
COMMISSIONERS OF COLLIER
16.A.5.b
Packet Pg. 315 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
PERFORMANCE BOND Bond No. 1093813
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison Esplanade Naples, LLC (NAME OF OWNER)
551 North Cattlemen Road, Suite 200
Sarasota, Florida 34232
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
(TELEPHONE NUMBER OF SURETY) (615) 553-9500
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Four Million Five Hundred Sixty
Three Thousand Three Hundred Eighty Eight and 58/100 Dollars ($4,563,388.58) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Esplanade Golf and Country Club of
Naples 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
16.A.5.b
Packet Pg. 316 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 317 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 318 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 319 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 320 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 321 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 322 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 323 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
16.A.5.b
Packet Pg. 324 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Gro\,vth Management Department
Development Review Division
May 31,2017
Ms. Carol Hermes, Attorney-in-Fact
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN.37122
RE: Performance Bond No. 1093813 lTaylor Morrison
Esplanade Golf & Country Club ofNaples phase One
Dear Ms. Hermes,
Please be advised that based on the work completed and inspected to date, the subjectPerformance Bond may now be reduced by $tO,::1.49, leaving u, available balance of$658,466-76. The remaining balance represents $414,853.51 as thelequired l0% maintenanceguaranty, plus $243,613.25 in uncompleted paving and sidewalk impiovements. An originalBond Rider should be submitted to this office reducing the value of tni security, all other terms
and conditions of the original Performance Bond to remain in full force and effect,,.
If I can be of any fuither assistance to you in this regard, please let me know.
Sincerely
3"h gftouldsw*th
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jeremy Arnold, PE, Waldrop Engineering
Dardopnert Review DMsion. 2800 Ncrfr Horse*re Driue . I,hfts, Huila 34104 . 23252-2400 ' ttu,v.colrergovrd
16.A.5.b
Packet Pg. 325 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
f
ESPLANADE GOLF AND COUNTRY
CLUB OF NAPLES
PHASE l OPINION OF PROBABLE COST
Earthwork
Paving
Wastewater
Water
Drainage
lrrigation
Lighting
10% Maintenance
SUMMARY
Bond Amount
s129,358.94
S1,0G7,856.84
5L,297,494.86
s703,386.81
s432,561.s0
546L,346.t2
s56,430.00
S414,853.51
Total s4,553,388.58
Bond Reduction
S129,3s8.94
s824,243.59
sL,297,494.86
s703,386.81
5432,GG1.so
546t,346.t2
s55,430.00
so.oo
s3,904,92,..82
Revised Bond
Amount
so.oo
s243,6L3.2s
So.oo
so.oo
So.oo
So.oo
so.oo
s414,8s3.s1
s558,456.75
%Bond
Reduction
100.o%
77.2%
L00.0%
LOo.O%
1O0.0o/o
roo.0%
100.o%
o.0%
Notes:
1) This Opinion of Probable Cost (OPC) shall be used for Permitting Purposes Only.
2) This OPC is based on the engineer's understanding of the current rules, regulations, ordinances, and
construction costs in effect on the date ofthis document. lnterpretations ofthese construction costs may
affect this OPC, and may require adiustments to delete, decrease, or increase portions of this OPC.
3) All costs provided in this OPC are based on recent contract prices, orthe engineer's latest known unit
costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in
the cost of concrete, petroleum, or the availabilitv of materials and labor.
Date
1
tAL
tllII
B:\P@ject5\27@4 (Esplanade Naples) PPLol\Exce\County OPCs\Phase I Plat Bond Reduction *2 Rev00 1of1
a
illr
H.
Eil
6642t
Jlremy*
I
16.A.5.b
Packet Pg. 326 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Decrease PENALTY RIDER
BOND AMOUNT 5674,798.25 BOND NO. 1093813
To be attached and form a part of Bond No. t093813 dated the l3th day of Mar, 2013,
executed by Lexon Insurance Companv as surety,on behalf of Tar-lor Morrison
Esolanade Naples. LLC as current principal of record, and in favor of ollier Coun
Florida, as Obligee, and in the amount of Six Hundred Seventv Four Thousand Seven
Hundred Ninetv Eieht Dollars and 251100 G6Z4J9E O.
THE BOND PENALTY SHALL BE Decreased:
FROM: Six Hundred Seventv Four Thousand Seven Hundred Ninetv Eisht Dollars
and 251100 G5Z4J9!25)
The Decrease of said bond penalty shall be effective as of the 31" day of Mav, 2O17, 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 liabilitv be cumulative.
Signed, seale<l and daterl this 2'd day of June, 2017.
Andrew "urevy") Aulhort'ed 43enr
Lexon Insuran Com an
TY
BY:
Anett Cardinale, Attorney-in-Fact &
Florida Licensed Resident Agent
c/o Willis of Florida, lnc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
lnquiries: (81 3) 281-2095
In consideration of the agreed premium charged for this bond, it is understood and
agreed that Lexon Insurance Companv hereby consents that effective from the 3l'r day of
Mav,2017, said bond shall be amended as follows:
TO:Six Hundred Fiftv Eisht Thousand Four Hundred Sixtv Six Dollars
and 761100 ($!!fu!f6.1@
16.A.5.b
Packet Pg. 327 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Arc 0000215394
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLUE BACKGROUND.
This Power of Atlorney limits the acts of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated. Not valtd for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
lnterest Rate or Residential Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents
Anett Cardinale, Brandy Baich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL (EACH)
its true and laMul 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:
This authority does not permit the same obligation to be split into two or more bonds ln 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 upon the said Company as fully ard amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey 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:
"VOIED, That 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, or the Secretary shall have the power 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, ZO11:
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, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15,2011 , and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
00M10013 00 03 03 Page 1 ot 2 Printed in U.S.A.
That the Arch- lnsurance 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;
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninetv Million Dollars (S90.000.000.00).
16.A.5.b
Packet Pg. 328 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Atc 00002'15394
ln Tostimony Whereol the Company has caused this instrument to be signed and its corporate soal to be afflxed by their authorized
officers, this 2Z: day of Aoril, 2OlZ.
Attested and Certified
klj--tt{
Patrick K. Nails, Secretary Dav M stein,Executive Vice President
STAIE OF PENNSYLVANIA SS
purposes therein set forth
elen Szafran,ry bl
My commission expires 10/03/2017
CERTIFICATION
l, Patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney daled ADt 127 ,2017
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 furlher 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 lnsurance Company.
HE I have hereunto s ubscribed my name and affixed the corporate seal of the Arch lnsurance Company onoF,IN TESTIMONY W
lrr,is 6ffi day or ,zol7
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 lNQUlRlEs RELATING To THls BoND To THE FoLLoWING ADDRESS:
tta
rta
lbroud
1l
AblicHEI.E}I SzAFFAT{.
ocrobst
HOTARUL SEAL
teAt
llrgrtl
Page 2 of 2 Printed in U.S.A.
Arch lnsurance Company
COUNTY OF PHILADELPHIA SS
l, 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 lnsurance 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
Arch lnsurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
00M10013 00 03 03
16.A.5.b
Packet Pg. 329 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Grourtfi Management Deparfnent
Development Review Division
February 25,2020
Ms. Carol Hermes, Attorney-in-Fact
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet. TN.37122
RE: Performance Bond No. 1093813 / Taylor Morrison
Esplanade Golf & Country Club ofNaptes Phase One - PL20120001261
Dear Ms. Hermes.
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $221,740.37. According to our records, this will
leave an available balance of $436,726.39. This amount represenls the required l0%
maintenance security of$414,853.51, plus $21,872.88 in uncompleted paving improvements.
An original Bond Rider should be submitted to this office reducing the value ofthe security. all
other terms and conditions of the original Perlormance Bond to remain in full force and effect".
This reduction will not be in elfect until such time as we receive the original Bond Rider
Ifl can be ofany further assistance to you in this regard, please let me know.
Sincerell.
S.oln 6ftoul&worth
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jessica Linn, Waldrop Engineering
DqiebfstRe'/ia{ Di\iiin.2&0i'fh l-brsedlc Drii€.l.lades, Fffi 3104.2JS252-24S .uffar.alsoLntyi.go/
16.A.5.b
Packet Pg. 330 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
Decrease PENALTY RIDER
BOND AMOUNT $65t.466.76 BOND:{O. t093813
In consideration of the agreed premium charged for this bond, it is understood and agreed that
Lexon Insurance Companv hereb y consents that effective from the ?sll day of Februarv, 2020,
said bond shall be smended rs follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Six Hundred Fiftv-Eisht Thousatrd Four Hundred Sixtv-Six Dollgrs and 761100
GO5EJO6JO)
T():Four Ilundred Thirtv-S 1'hlx ousand Seven Hundred Twentv-Six Dollars and 39/100
G!1.0J2.0J9
The Decrease of said bond penalty shall be effective as of the 25!I day of IgUIg4Iy, 2!29, and does
hereby agree that the continuit-y of protection under said bond subject to changes in penaltv shall
rot be impaired hereby, provided that the aggregate liabilit-v 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, seal€d and dated this 0!! day of !44lgb, 2!29.
1'lor de\LLC
PRI\CIPAI-
8\:
Lexon lnsurance Comoanv
SLRET\
B\':
nfo rd. ATTORIt EY-l r--f ACT
VP
To be attached and form a part of Bond No. l093El3 dated the 1J!! day of l!4], 2013, executed by
Lexon Insurance Companv as surety, on behalf of @ as
currcnt principal ofrecord, and in favor of Qql!jg1Qgg4!y-!99!!4, as Obligee, and in the amount
of Six Hundred Fiftv Eisht Thousand Four Ilundred Sixty Six Dollars and 761100 ($05!J0!JO.
16.A.5.b
Packet Pg. 331 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
POWER OF ATTORNEY
9349
Lexon lnsurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE CO PANY, a Texas Corporation, with ats statutory home office in
Austin, Texas, does hereby constitute and appoint: Donna M. Planeta, Joshua Sanford, Aamee R. Perondine, Aiza Anderson, Danielle D.
Johnson, Michelle Anne McMahon its true and lawful Attomey(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety,
any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the aLrthority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representatave of the Company or other
person or persons as Attomey-ln-Fact to execute on behalf of the Company any bords, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $10,000,000.00, Ten N4illion dollars, which the Company might execute through its duty
elected offlcers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-ln-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regulady elected offlcers of the C,ompany. Any Attorney-ln-
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the Presidenl and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature oI the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on lhe Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed thrs 22nd day ol June,2018.
LEXON INSURANCE COMPANY
ACKNOWLEDGEM ENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly swom, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed
said instrument on behalf of the corporation by authority of his ofllce under the By-laws of said corporation
,',:..:
AMY TAYLOR
Notary Public- Stals of Tennessee
Davidson Courny
My Commission Expires t9-2023
BY
ih oay* ..4z.rt I ,zo ZO
Nota
ylor
Z-z-l -/-
v
Public
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original Power of Attomey of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
rcsolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this
.W
BY
Andrew Smith
Assistant Secretary
"WARNING: Any pe6on who knowingly and with inlent to dcfraud any insurance cofipany or othel pe6on, files and application for insurance ol
claim containing any materially false information, or conceals for the purpose of hisleading, intormation conceming any facl material thereto,
commits a lraudulent insurance act, which is a c.ime and subjects such peBon to criminal and civil penalties."
SEAL
SEAL
,, 43
Brian Beggs
President
16.A.5.b
Packet Pg. 332 Attachment: Bond Basis (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
RISOLTITION NO.2J-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
ACCEPTING COUNTY MAINTENANCE
RESPONSIBILITIES FOR SIDEWALK EASEMENTS, AND
AUTHORIZING FINAI ACCEPTANCE OF CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT
DEDICATIONS, IN ESPLANADtr GOLF AND COUNTRY
CLUB OF NAPLES, ACCORDING TO THE PLAT THERIOF
RECORDED IN PLAT BOOK 5J, PAGES I THROUCH 5,
AND IIE,LEASE OF TIIE MATNTENANCE SECURITY.
WI-IEREAS, the Board of County Comrnissioners of Collier County, Florida, on May 14,
2013, approved the plat of Esplanadc Golfand Country Club of Naples 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
WHER-EAS, the Sidewalk Easements (SWE), Esplanade Golf and Country Club of
Naples, according to the plat thereof recorded in Plat Book 53, Pages l-5. in the Public Records
of Collier County, Florida. werc dedicated to the County with the responsibility for maintenance
in plat dedication paragraph D.7; and
WHL,REAS, the County seeks to formally acccpt maintenance responsibilities for the
sidewalk easements (SWE), Esplanade Golf and Country Club of Naples, according to the plat
thereof recorded in Plat Book 53, Pages l-5, in the public records of Collier County, Florida; and
WIIERLAS, the Developcr is requesting final acceptance of the roadway and drainage
improvements and release ofthe maintenancc security; and
WHEREAS, the Development Review Division has inspected the roadway and drainage
improvements, and is recommending acceptance ofsaid facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COLINTY. FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Esplanade Golf
and Country Club of Naples, pursuant to the plat thereof recorded in Plat Book 53, pages I
through 5, and the Clerk is hereby authorized to rclcase the maintenance sccurity.
BE IT FURTI IER RESOLVED AND ORDERED that the roadway and drainage
improvements within Esplanade Golf and Country Club of Naples, except for the sidewalk
easements, will be maintained privately in the future and will not be the responsibility of Collier
County. Collier County will maintain the Sidewalk Easements (SWE), which were dedicated on
the plat to the County with responsibility for maintenance.
L l2-ErS-0233 l/ 1820974/r I Page I of2
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16.A.5.c
Packet Pg. 333 Attachment: Resolution (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)
This Resolution adopted after motion, second and majority vote favoring same, this
_day of _2023.
DATE: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIERCOUNTY, FLORIDA
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk Rick LoCastro. Chairman
Approved as to lorm and legality:
Dcrck D. Perry
Assistanl County Attorney
\b
\\
I l2-Ers-0233 r/ r820974i 1l Page 2 of 2
c:<o
16.A.5.c
Packet Pg. 334 Attachment: Resolution (26908 : Final Acceptance - Esplanade Golf and Country Club of Naples)