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Agenda 10/08/2024 Item #16A 2 (Resolution - Final Plat of Azure at Hacienda Lakes)10/8/2024 Item # 16.A.2 ID# 2024-1048 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 Azure at Hacienda Lakes – Phase 1 Replat, Application Number PL20180001774, and authorize the release of the maintenance security in the amount of $61,369.69. 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 August 22, 2019, the Growth Management Department granted preliminary site acceptance of the roadway and drainage improvements in Azure at Hacienda Lakes – Phase 1 Replat. 2. The roadway and drainage improvements are private and will be maintained by the project’s property owners association and Hacienda Lakes Community Development District. 3. The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department inspected the improvements on August 19, 2024, and is recommending their final acceptance. 4. Staff has prepared a resolution for final acceptance, which the County Attorney’s Office has approved. 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 homeowners association and Hacienda Lakes Community Development District. The existing security in the amount of $61,369.69 will be released upon Board approval. The original security in the amount of $493,612.65 has been reduced to the current amount of $61,369.69 based on the work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated November 28, 2018. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Azure at Hacienda Lakes – Phase 1 Replat, Application Number PL20180001774, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat dedications. 2. The Clerk of Courts to release the maintenance security. PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division ATTACHMENTS: 1. Location Map 2. Bond Basis 3. Resolution 4. Plat Map Page 1247 of 3899 AZURE AT HACIENDA LAKES – PHASE 1 REPLAT LOCATION MAP Page 1248 of 3899 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 2,�-\-\.--day oft:-bvc..�. 20 \� between Toll FL XIII Limited Partnership by Toll Southeast LP Company, Inc. 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: Azure at Hacienda Lakes -Phase 1 Replat B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1.Developer will cause to be constructed:_a_ll_r_e_q_u_ir_e_d_i_m_p_r_o_v_e_m_e_n_ts _____________ _ and other infrastructure improvements withintwelve (12) 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$ 493,612.65 -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. Page 1249 of 3899 ' < 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 ?JA:\.--. day o��\::x::( 20 .A_. SIGNED IN THE PRESENCE OF: Witness: ATTEST: __________ _ Scott A. Stone Assistant County Attorney (Name of Enti Toll FL XIII Limited Partnership by any, Inc. Kevin Brown, Division Senior VP Printed Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) Bv: Page 1250 of 3899 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Toll FL XIII Limited Partnership 24201 Walden Center Dr. #204 Bonita Springs, FL 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406-2755 (610)729-1311 Bond #: 019067091 (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 Hundred and Ninety-Three Thousand, Six Hundred Twelve Dollars and Sixty-Five Cents ($493,612.65) 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 Azure at Hacienda Lakes -Phase 1 Replat 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 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 19TH day of OCTOBER, 2018. Page 1251 of 3899 WITNESSES: ��Jt w..t7 fd-J� UvPrinted �'fne TOLL FL XIII LIMITED PARTNERSHIP BY: TOLL SOUTHEAST LP COMPANY, INC., a Delaware corporation General Partner By: /�� �/;I �-�{'O� Liberty Mutual Insurance Company Page 1252 of 3899 ACKNOWLEDGEMENT STATE OF rL-----COUNTY OF \-t-l.. \"'-THE FOREG ING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2YDAY OF 2018, BY \t,-<N'\°"'-�� (NAME OF ���-����� -�� (TIT LE) OF TOLL FL XIII LIMITED PARTNERSHI----"'�,.&..,:-.......,-ollc::'-"-0-R_H_A_S-PRODUCED _____ AS IDENTIFICATION. --------� Notary Public -State of f-bt){ �60\ STATE OF PENNSYLVANIA COUNTY OF CHESTER •i:Jr.t'.r\, THERESA A. MALLOY{.(Ji.' A MYCOMMISSIONtFF839283%-��• EXPIRES: March 22, 2020'•l.t;;ff,,'fr.�••• Bonded Thru No1aly Public Und111V111tt11 ACKNOWLEDGMENT (SEAL) THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th DAY OF OCTOBER, 2018, BY DANIEL P. DUNIGAN AS ATTORNEY-IN-FACT OF LIBERTY MUTUAL INSURANCE COMPANY WH O IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED _N/A_ AS IDENTIFICATION. Notary Public -State of PENNSYLVANIA --- <-j L:Ys� Printed Name (ORD. No. 15-44, § 3.N) COMMONWEALTH OF PENNSYLVANIA NOT ARIAL SEAL :�ERESA BASSETT, Notary Public Wilhstown Township, Chester County My Commission Expires October 12, 2019 (SEAL) Page 1253 of 3899 � s C .. E :a� � C) 0 (I) c52 ,_ "' (I) >:::­.!! � • "O ;'iii _g � (I). 0 -(I) o_C 111 . ,_(1) .... C) II) "' (I) C) ,_ t:S o.!: E ... s 0 "' -,_ "O >­:: 0 CO C > (I) -,_0 ,_z� THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney 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. Certificate No. 8038146 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'). pursuant to and by authority herein set forth, does hereby name. const itute and appoint. Brian C. Block; Richard J. Decker; Daniel P. Dunigan; James L. Hahn; Joseph W. Kolok, Jr.; William F. Simkiss all of the city of Paoli , state of PA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this� day of March , �- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Wes�erican Insurance Company By: _,/.=_'IV}=-'-'-. _.:..I;/:_' ;,:,,:....,.--":::Cc........_ ____ _ David M. Carey:.'Assistant Secretary On this� day of March , 2018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notanal Sor:,! Tere'ia Pastella, Nolary Public Upper Menon Twp., Montgomery Coun1y My Commiss,on Expires M,uch 28, 2021 Mernber. PE:nnsytvania A.ssor.iat,on of Notar�s By:�� Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS-Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make. execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject lo such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in­ tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this ..d.mday of .....,.'e::...t,.,;.,"?_.•ri.!:':..!1'��5-"".,..-------, 20.L.i_ 104 of 500 LMS_l2873_022017 >­co "O II) II) (I) C 'iii :s .0 >,, C: "' C -o "'l­o (/) rw EE 0� :t: 0 <M 'o� ,_ "O (I) C ,: "' .? E ... "' .!!?o .co .:m Oc �al :a,! :: (I) �.0 (1)0 =� EClj) -=� 'c Clj) 00 1,,),-0 '9 I-,.. Page 1254 of 3899 �Liberty \pl .i\1.utua.L LIBERTY MUTUAL INSURANCE COJl.1PANY FINANCIAL STATEMENT-DECEMBER 31, 2017 SURETY Assets Cash and Bank Deposits ....... . *Bonds -U.S Gove=ent .... . *Other Bonds .......................................................... . *Stocks .................................................................. . Real Estate ......... . $370,003,299 1,331,664,975 11,127,053,004 16,367,850,688 272,895,626 Agents' Balances or Uncollected Premiurus ........... 5,258,657,823 Accrued Interest and Rents .................................... . 100,341,596 Other Admitted Assets .............................................. 1 l.192.287.530 Total Admitted Assets ..................................... $46 020 754 541 Liabilities Unearned Premiums ............................................... $7,503,154,587 Reserve for Claims and Claims Expense ................. 19,658,731,454 Funds Held Under Reinsurance Treaties................. 224,693,828 Reserve for Dividends to Policyholders.................. 967,520 Additional Statutory Reserve ................................. . 52,491,027 Reserve for Commissions, Taxes and Other Liabilities ........ ... ................................... 4.049.392.852 Total ................................................................. $31,489,431,268 Special Swplus Funds. $176,230,822 Capital Stock......................... 10,000,000 Paid in Swplus ........................ 9,48 4,316,385 Unassigned Swplus......... . ...... 4,860,776,066 Surplus to Policyholders ............................... 14,531,323,273 Total Liabilities and Surplus ................................ $46 020 754 541 *Bonds are stated at amortized or investment value; Stocks at Association Market Values.The foregoing financial information is taken from Liberty Mutual Insurance Company's financialstatement filed with the state of Massachusetts Department ofinsurance.I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2017, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this I 61h day of March, 2018. Assistant Secretary 5-1262LMIC/a 3/18 Page 1255 of 3899 cfff",couYaw August 27,2019 Liberty Mutual Insurance Company 2200 Renaissance Blvd., Suite 400 King of Prussia, PA. 19406-2755 RE: Performance Bond No.019067091 / Taylor Morrison Azure at Hacienda Lakes Replat, PL20180001 774 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 $432,242.96, leaving an available surety of $61,369.69. The remaining surety represents $16,495.81 in uncompleted improvements, plus the l07o maintenance security of $44,873.88. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions ofthe original Performance Bond to remain in full force and effect". If I can be olany further assistance to you in this regard. please let me know Sincerely, $olut gfto"/&*o*h John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Waldrop Engineering La'd Ds,e$.rEntssviE. 2800 North Horseshoe Dive . Naptes, Ftorida 34i04.239-2sz-z4oo, w{w.colliergov.net Growlfr Management Division Planning & Regulation Land Development Services Page 1256 of 3899 Decrease PENALTY RIDER To be attached and form a pa rt of Bond No. QllQflllf dated the l9!h da]' of October, 2018, e\rcutcd hv @As surcl r'.on beh.rlf of Toll Fl, Xlll t,imited Ellllllqhjp as current principal of record, and in favor of Collicr Count\', as Ohligee, a nd in thc anrount of Four Hundred Ninet\' Three Thousand Sir Hundred 'f$clvc l)ollxrs rnd 65/100 s.t9l (r I 2.65 In consideration ofthe agreed premium charged for this bond, it is undcrstood and agreed that LibertY M utual lnsurance Com pany here by consents that effective from thc 27th day of August, l!ll, said bond shall be amended as follows: THE BOND PENALTY SHALL IIE Decreascd: FIiOll: Four Hundred \inet\ Threc-fhousand Sir HUD(lrcd I rrcl\lj l)ollir\ lrnd 65/10(l (sJ9-1.612.65) 'l O: sirt\ One Thousand Three Hundrcd Si\t\ Ninr Dollars an(l 69/100 (561,369.69) The Decrease of said bond penalty shall be effeclive as of the lll! day of 4!g!g!, 2!!9, and does hereby agree that the continuity ofprotection under said bond subject to changes in penalt) shall not be impaired hereby, provided that the aggregate liability of the abole mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts ofdefault were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 2!lI day of Ausust, 2019. a Dcla\ are c{)rtx)rlrIie!! (lcneral Partner Pt{t\( IP \l_ B\i st t{t. t I I}\ I'. I I I OR\E\ t\-lr \( l l]O\l) \O.0190(ri09l Toll FL Xlll Limited Parlnership BY: TOLL SOUTHEAST LP c()MPANY. lNC.. Libcrt! Mutual lnsurance Com Dan\ Page 1257 of 3899 ACKNOWLEDGEMENT OF PRINCIPAL(S) srArE oF Elw,aa, vee Notary Public in and for the State and County Aforesaid, do hereby certify that K€vi^ A. $Yovrn Dilrta or' Scrior y p Whose name is signed to the foregoing bond, this day did personally appear Before me in my State a Given under my hand th My commission expires: nty afore day of sa id and acknowled cPvN\.loea ged the same "-aq COUNTY OF JcA'a- L. t)ar1 nd Cou is 4rd tAltvlzoz,a lc ACKNOWLEDGEMENT OF CORPORATE SURETY(S) STATE OF PA COUNTY OF CHESTER County aforesaid, do hereby certify that Daniel P. Duniqan Attorney-in-Fact for the Liberty Mutual lnsurance CompanV Whose name is signed to the foregoing bond, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this 28TH day of AUGUS 2019. My commission expires 12t03t 20 ry Publ e Oslrotftc- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ARTENE oSTRoFF, Notary Pubtic Wttistov/n Township, Chester County ,{y Commisslon Expires December 3, 2020 ..-,;.ffi JESSICA K LINN St6t6 of Florida-f'lotary Public Commission f GIG 170813 My Co mmisgion Expirestt 1a,2022 l, Arlene Ostroff Notary Public in and for the State and Page 1258 of 3899 Libertv Mutudl. This Power ofAltorney limitsthe acts ol lhose named herein, and they have no authorily io bind the Company except in the manner and lo lhe extent herean stated. Liberty l\rutual lnsurance Company The Ohio Casualty lnsurance Company West American lnsurance Company Cedrilcate No 8201472-01 9072 SURETY POWER OF ATTORNEY (NOWN ALt PERSONS BY THESE PRESENTS: That The ohio Casualty lnsurance Company is a corporatron dlly organized undel lhe laws of lhe Slate o, New Hampshire, lhat Blolk- Richard J Deckel Danrel P Dunigan. James I Hahn. JosLph W Kolok. Jr . Wrllram I Srmlrss allothectyof Berwvn state ol eadr rndivdual y there be rnore than one named, ils true and lalt.ful altorney- n-lacl to make, ol hese presents and shall be as binding upon he Companies as if lhey have been dlly signed by the presrdent and attesled by the sesetar ol the Companies in het o$r prop€r pelsoars. lN MTNESS I'VHEREoF, his Power of Altomey has be€n subscnbed by an aulhonzed ollicer or oflicial ol lhe Co.npanies and the coDorate seals of he Companies have been alfred thereto 0 s 26rh dayof June , 2019 SIATE Of PE NN SYLVANIA County ol lV0NTG0tlERY Liberty Mutual lnsurance Co.npany The Ohio Casually lnsu.ance Company Tae Pasrorra, Norary Publ'c Upp€. Me.Entup Molgomory C.u.ly My Comm,ss& Erp'6 Ma'!r' 23, 2O2 i /^fi,L ol June ss Wesl American lnsurance Corn pany David l',1 Carey, Assistanl Secrelary 20 I 9 before me personally appeared oavid M Carey, who acknowledged hrmself to be lhe Assistanl Secrelary of Liberty Mulual lnsurance and Wesl Amencan lnsurance Company. and lhal he. as such. being authorized so lo do, ereclrt€ he fo.egoing rnsbumenl fo. the purposes COMMOT]WEAfIH OF PENNSYLVANIA On his 26th dav Cornpany, The ohio Casualty ompany, herein contained by signing oi beialf ol lhe corpoaalions by himsell as a duly aulho.rzed oficer lN MTNESS WHEREoF, I have hercufllo subsdibed my name and affred my flotanalseal at King ol Prussia, Pennsy'vania, on he day and year ll6t above f,IiIen eresa Pastella, Nolary Public By lnsurance Company, and West Anerican lnsurance Company which resdutons are now in full fdce and efrecl reading as lollors ARTICLE lV- 0FIICERS: Section 12. Power of Attorney Any officer o( olher oflioal of the Coeoration auhorized lor lhat purpose an wnling by lhe Chairman or the Presrdeflt, and subjecl to such limitaton as lhe Chairman or lhe have full po*er to bind he Co.poaatioi by heir signafure and execlJtion ol any such inslrumenls and lo atlach lherelo he seal of he CoQoraljon. Vvhen so exeorted, sudr ins[umeols shall be as binding as it signed by he Presidenl and afle6ted to by tie Searelar. Any power or auhority granted lo any lepresentalive or atlomey_injacl under he provisions of his arlide may be revoked at any tme by lhe Boaad, lhe Charrman, the Presidenl or by lhe offrcer or offcers granting such power o. authority. ARTIC Lt Xlll - Erecution of Contracts: Sectio0 5 Surety Bonds and tlndertakmgs shall appoinl suci alto.neys-in-fac1 as may be necessary lo act in behalf ol lhe Conpany lo make, execule, seal, ackncwledge and deliver as surety any and all underlakings, Company by het signafure and ereculion of any such instruments and to altach hereto the seal ot the Company. When so erecuted sLrdl insbuments shall be as binding as il signed by 6e presidenl and altesled by the seqelary obhgatons lhe same lorce and eflect as though manually aflired I, Renee C Llewellyn, lhe undersigned, Assislant Secrelar. The Oho Casually lnsurance Company Lrberty Mulual lnsurance Cornpany, and Wesl American lnsulance Cornpany do has not been revoked. lN TE STIMONY WH ER EoF, I have herelnlo sel my hand and affired lhe seals of sard Companies this lSTll dayof AtICLTST , :019 19191912E 1991z 6 (! _F E3 Pa!3<+ =tdo .2? -ap6 6-o eX FN E9 o9 o)oc (E !* .(E6> ES _-p OY oii o Xo)c(! oq!(5lu _96 E. o(! E>.oc z6 1912E 1919 1991t 1MS.12373 LM C OCC WAC Mur Co 062018 By Renee C Llewellyn. AssElant By: "*'", *, _- - l Page 1259 of 3899 LIBERTY MI.]TUAI, INSURANCE COMPANY Ft\.\\clrt. s1.\TE:ut-\'t - DE( [,)tBER Jl. 2018 LiabilitiesAssets ( ash cn.-i Rank Dcposits....................... .............. iBonJs - | .S Covemmcnt............ *Stocks Real llstate Agents Balances or Uncollected Premiums..... A!crued lnlerest and Rents............................... Other Admiued Assels l olrl \dmilled Liberty Mutuil, SUREIY $16.1.3-l I.7 t 2 2.259.71.1.8t0 I t.ti64-776.7-10 r 6.527.7 t 5.226 255-809.55 t 5.8 t7.927.21{ 108.139.8.1{) II.532.t39.?{{ lincanred Prcnriunrs $7_85 I .t29..1.t9 Rescne tbr ( lairns and ( laims Expensc................. 20.165.209.300 f-unds lleld Undcr Reinsurance Treatics................. 384.795.327 Rc.rne f,'r I tir iLlenJ' r,, I',,lic\holJ(r...................l.t .529 62.{t66.000Addilional StatutoD Reserve Rcscr\c lor (i)nlrnissions. faxes and other I iabilities......... ... 3.999.822.802 'l otel .......................... ... $32,.165,2 31,,10? Spccial Surplus lrunds................. $43.108.583 Capital Srock I0.000.000 Pairl in S u rp 1u s . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01.1.912.727 t nussignedSurplus........ ........... 6-267.109.119 Surplustol'olicthold€rs................................. I6,365,110.{{9 'I olr I l.irbilil irs {nd S u rplus ................................ SJ8.8.1016i-856 !{E.EIL5i r-Ei 1 * Bonds arc stated at amortized or inveslnrcnl Ialue: Slocks al Association Markel Vahlrs. The foregoing financial infomralion is takcn liom Libcrtl Mulutll lnsurance Company's Iinancial statement liled with the state ol N4assachuselts Deparlnlent oflnsurance- I. lll\1 I\,1IKOI-AJ|WSKI. Assistant Secrctary of Libcrt) Mutual lnsurrDcc (ompao). do hercb) certil] that the foreBoinS is a tnrc. and corrcct stalement ol_the Asscls ond l-iabililies ol-said (i)rporatioD. rs ol Dcccnrhcr i l. l0I 11. lo thc bcst of nr) knorvledgc and belicl. IN WITNESS WHEREOF, I have hereunto set my hand and alflred the sca] of said (brporation at Seattle, Washingbn. this 22"d day of March.20l9. Assistant Secretary 19t 2 s 12621M C/a 3/19 Page 1260 of 3899 RESOLI.TTION NO.2,l- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHOzuZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN AZURE AT HACIENDA LAKES . PHASE 2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 65, PAGES 72 THROUGH 76, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 22,2019, approved the plat ofAzure at Hacienda Lakes - Phase 2 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 ofthe 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 COLJNTY, FLOzuDA, that final acceptance is hereby granted for those roadway and drainage improvements and plat dedications in Azure at Hacienda Lakes - Phase 2, pursuant to the plat thereof recorded in PIat Book 65, pages 72 through 76. and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Azure at Hacienda Lakes - Phase 2 will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this _ day of DATE: ATTEST: CRYSTAL K. KiNZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attomey [24-ElS-0s064/1884530/l] 2024. BOARD OF COLNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: Chris Hall, Chairman Page 1 of I CAOPage 1261 of 3899 Page 1262 of 3899 Page 1263 of 3899 Page 1264 of 3899 Page 1265 of 3899 Page 1266 of 3899