Agenda 02/25/2025 Item #16A 2 (Resolution - Final Acceptance of the private roadway and drainage improvements and acceptance of the plat dedications of Azure at Hacienda Lakes - Phase 2 PL20180002205, authorize the release of the maintenance security)2/25/2025
Item # 16.A.2
ID# 2025-301
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 2, Application Number
PL20180002205, and authorize the release of the maintenance security in the amount of $229,608.45.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure
improvements associated with the subdivision, and authorize the release the maintenance security.
CONSIDERATIONS:
1. The Growth Management Department granted preliminary acceptance of the roadway and drainage
improvements in Azure at Hacienda Lakes —Phase 2 on July 17, 2020.
2. The Azure at Hacienda Lakes Homeowners Association, Inc. and the Hacienda Lakes Community Development
District will maintain the roadway and drainage improvements.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected them on January 10, 2025, and recommends their 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 Azure at Hacienda Lakes
Homeowners Association, Inc., and the Hacienda Lakes Community Development District. The existing security in the
amount of $229,608.45 will be released upon Board approval. The original security in the amount of $1,702,654.14 has
been reduced to the current amount of $229,608.45 based on the work performed and completed pursuant to the terms of
the Construction and Maintenance Agreement dated January 15, 2019.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
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 2, Application Number PL20180002205, 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
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
Page 17 of 94
Plat Map
2/25/2025
Item # 16.A.2
ID# 2025-301
Page 18 of 94
AZURE AT HACIENDA LAKES PHASE 2
LOCATION MAP
Page 160 of 2568
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
_______, 20 between
cMBoard of County Commissioners of Collier County, Florida,
THIS CONSTRUCTION
entered into this 1
AND
day of
hereinafter referred to as “Developer”, an
hereinafter referred to as the “Board”.
Toll FL XIII Limited Partnership by Ton Southeast LP Company Inc
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:
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: fH required improvements_____________________________________
within lwelve<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 $1702.65414 which amount represents 10% of the total
contract cost to complete the construction plus 100% of the estimated cost of to complete the required
improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such improvements
within the time required by the Land Development Code, Collier County, may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial completion
by Developer's engineer along with the final project records have been furnished to be reviewed and
approved by the County Manager or his designee for compliance with the Collier County Land
Development Code.
5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial
completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or
b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the County Manager’s approval of the
improvements. However, in no event shall the County Manager or designee refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in accordance with the
requirements of this Agreement.
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 designee to inspect
the required improvements. The County Manager or designee shall inspect the improvements and, if
found to be still in compliance with the Land Development Code as reflected by final approval by the
Board, the Board shall release the remaining 10% of the subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall continue unless or until
the Board accepts maintenance responsibility for and by the County.
Azure at Hacienda Lakes - Phase 2
Page 161 of 2568
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Manager or designee to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the County Manager or
designee. The County Manager or designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County Manager or designee may call upon the subdivision performance
security to secure satisfactory completion, repair and maintenance of the required improvements. The
Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the
provisions of this Agreement.
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 day of , 20.
SIGNED IN THE PRESENCE OF:(Name of Entity)T0ll FL XIII Limited Partnership by
Toll Southeast LP Company, Inc.
3FWitness: ^/—4—&
By:
Printed Name:\Kevin Brown, Division Senior VPlNWv\<? v
Witness:
-
Printed NamefTitle
(President, VP, or CEO)
(Provide Proper Evidence of Authority)_____
Printed Name:
* |■R 1If
ATTEST:
BOARD OF COUNTY COMMISSIONERSCRYSTAL K. KINZEL, CLERK
F
c4 RCOU FLORIDA
?
Deputy Clerk AttOSt 3S10
Approved as to form and legsjtJ^StUffi Only*
By:By:Chairman’s
Scott A. Stone
Assistant County Attorney
Page 162 of 2568
PERFORMANCE BOND
BOND NO. 30057633
KNOW ALL PERSONS BY THESE PRESENTS: that
Toll FL XIII Limited Partnership (Name of Owner)
24201 Walden Center Dr. #204 (Address of Owner)
Bonita Springs, FL 34134 (Address of Owner)
(Hereinafter referred to as "Owner") and
WESTERN SURETY COMPANY (Name of Surety)
151 N. FRANKLIN STREET (Address of Surety)
(Address of Surety)CHICAGO. IL 60606
(312) 822-5000 (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 One Million Seven Hundred Two Thousand Six Hundred
Fifty Four and 14/100 Dollars ($1,702,654.14) 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 Azure at Hacienda Lakes - Phase 2 for 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
Page 163 of 2568
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 he re to have caused this PERFORMANCE BOND to
be executed this 18th day of January /2019.
Toll FL XIII Limited Partnership by Toll Southeast LP Company, Inc.WITNESSES:
By:
Printed Name Kevin Brown, Division Senior VP
Jf*-f-jf
Printed Name
. \ or ( occc ^
STATE OF V
COUNTY OF
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
0 BY KEVIN BROWN AS DIVISION-SENIOR VP OF TOLL
SOUTHEAST LP COMPANY, INC. WHO IS PERSONALLY KNOW
QKgJ Aot i^j/2iFL XIII LIMITED PARTNERSHIP BY: T
TO ME OR HAS PRODUCED_________
Notary Public - State of
(SEAL) —------------^
AS IDENTIFICATION.
—
THERESA A. MALLOY
if*: A V| -WCCfclVISSiCNIFF939283
I „ LXPiRES: March 22, 2020
oMded Thru fjcby public Underwriters
//
A • Wi*/;vv£Printed Name
Wf STERN SURETY COMPANY
t/:.t^Yess
WITN ESSES:
/)
Art^Ad,'ff d.
Printed Name Daniel P. Dunigan, Attorney-in-Fact
(/
Lois E. Eshleman -
/K
$irt?n Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
18Ih /day of / January, 2019, by Daniel P. Dunigan (NAME OF ACKNOWLEDGER) AS Attorney-in-Fact
(TITLE) OF WESTERN SURETY COMPANY (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME, OR
Personally known to me AS IDENTIFICATION.HAS PRODUCED
Notary Public - State of Pennsylvania (SEAL)
'U.AL
Printed Name: Kelly G. Hennessy, Notary Public Chester County
My Commission Expires June 26, 2022
Commission Number 1070106
Page 164 of 2568
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA. its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 12th day of February. 2018.
WESTERN SURETY COMPANY
z
’aui T. Bruflat. Vice President
ssState of South Dakota
County of Minnehaha
On this 12th day of February. 2018. before me personally came Paul T. Bruflat, to me known, who. being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls. State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires J. MOHR
NOTARY PUdUC
SOUTH DAKOTA St'June 23,2021
J. Mohr. Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is stili in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of .. ">L'LI
We a*/!/
WESTERN SURETY COMPANY
/ - L. Nelson. Assistant Secretary
Form F4280-7-2012
Go to www.cnasu.-eiy com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity.
Page 165 of 2568
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
Statement of Net Admitted Assets and Liabilities
December 31, 2017
ASSETS
S 1,895,156.151
28,408,086
24.679.133
7,500.016
22,426.771
37.932.713
1,562,035
Bonds
Stocks
Cash, cash equivalents, and short-term investments
Receivables for securities
Investment income due and accrued
Premiums and considerations
Amounts recoverable from reinsurers
Current federal and foreign income taxes recoverable from CNA
Financial Corporation
Net deferred tax asset
Receivable from parent, subsidiaries, and affiliates
Other assets
3,481,084
10.688.834
11.647.470
10.215
Total Assets $ 2,043,492,508
LIABILITIES AND SURPLUS
Losses
Loss adjustment expense
Commissions payable, contingent commissions and other similar
charges
Other expenses (excluding taxes, license and fees)
Taxes, License and fees (excluding federal and foreign income
taxes)
Unearned premiums
Advance premiums
Ceded reinsurance premiums payable
Amounts withheld or retained by company for account of others
Provision for reinsurance
Payable to parent, subsidiaries and affiliates
Payable on security transations
Other liabilities
Total Liabilities
$ 201,046.845
57,918,199
10.047.343
943,877
3,447,669
223,752,269
5,436,181
1,720.726
7.338.456
239,534
12.934
4,000,000
367.837
S 516,271,870
Surplus Account:
Common stock
Gross paid in and contributed surplus
Unassigned funds
Surplus as regards policyholders
Total Liabilities and Capital
$ 4,000,000
280.071.837
1.243.148.801
$1.527,220.637
S 2,043,492.508
I, Troy Wray, Assistant Vice President of Western Surety Company hereby certify that the above is an
accurafe_repfesentation of the financial statement of the Company dated December 31, 2017, as filed
widvthe various 'Insurance Departments and is a true and correct statement of the condition of Western
Surety .Comparty, astef that date.
Western Surety Company
f By
Assistant Vice President
March8th 2018.day ofSubscribed and sworn to me this
My commission expires:YOLANDA JIMENEZ
gyV OFFICIAL SEAL
Notaiy Public. Stele o‘ Illinois
35*7/ My Commission Expires
Septe-T.Sgf 24. 3P<*
Not;
Page 166 of 2568
.Rff*Qounty
Growtfr Management Departnent
Development Review Division
March 9, 2020
Westem Surety Company
l5l N Franktin St.
Chicago, IL. 60606
RE: Pertbrmance Bond No.30057633 / Taylor Morrison
Azure at Hacienda Lakes Phase 2. PL201 80002205
Dear Sir ol Madam:
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $1.398,445.80, leaving an available surety of
5354,208.34. The remaining surety represents $199,421.60 in uncompleted improvements, plus
the 1 0% maintenance security of $ I 54,786.74.
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 Io remain in full force and effect".
Ifl can be ofany further assistance to 1'ou in this regard, please let me know
Sincerely,
lolut 1ftoul&wozth
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jackie @ Watdrop Engineering
DqiebFEntRs/ierDivi$n.2&0ltlorfi l-bme$oe oriw.lv6Ces, Fffi 341M.23g252-24m .virrr
^/.c(koomM.g(r/
Page 167 of 2568
Decreasc PENALTY RIDI'.R
ln consideration of the agreed premium charged for this bond, it is understood and agrecd that
Western Surety ComDanv hercb v conscnts that cffecti\ c froDr the 9lh (l ) of March, 202(1, s:rid
hond shall be amended as follo\rs:
THE BOND PENALTY SHALL BE Decreased:
Flt()]l: Onc Nlillion Scren Hundrcd l-no Thousand Si\ HuIldrcd f ili \ Four l)ollars and l{/100
(s1,702.651.rt)
TO: Three Hundred Fiftv Four Thousand Trvo Hundred Eisht Dollars and J{/100 6151,2!!J)
The Decrease ofsaid bond penalty shall be effective as ofthe !g dal of March, !!lfQ, and does
hereby agree that lhe continuity of protection under said bond subject to changes in penalty shall
not be impaired hereby, provided that the aggregate liability of thc above mentioned bond shall not
etceed the amount of liability assumcd by it at the time the act a nd/or acts of default n ere
committed and in no event shall such liability be cumulative.
Signcd, sealcd and datcd this I lth da) of March,2020
a Delau arc corporation
Ceneral PirrtnertL--/?d-PRI\('IP \I
ii,iiwm=lt\':
B\
eSterr t\ Com TN
sl Rl..I \
trrki\\. \ I l ()lt\1.\ l\ lr \( l
R()\D \ 0. l!l!!s1!JJ
To be attached and form a part of Bond No.300576.1.1 dated (he .!!!!t dil ofJanuar\, 2019,
c\ecuted b! Western Surety Company as suret)', on bchalf of IqlLELX]lLlJl i!IL!liIl!!!ItL!p as
current principal of record, and in favor of Collicr Countr'. as Obligce, and in the amount of qlg
Million Seven Hundred Trvo Thousand Six Hundred Fiftv Four Dollars and l{/100 (!1J-Q2,65L!:1I
'I oll l t, Xlll l-inritcd l'xrtncrshiD
B\: 'l Ol-1, s()Lrl-HIlAs r l.P ( OI!.!14N't _l i\i{-
Page 168 of 2568
ACKNOWLEDG EIV]E NT OF PRINCIPAL(S)
Florida
Aforesaid. do herebv certifu that
Kevin'Brovtn,
Notary Pubhc in and for the State and County
Dl'Yrsrzefl.riLt
STATE OF
COUNTY OF
Jan B"fuli
Vvhose name is signed to the foregoang bond, this day did personally appear
Before me in my State and County afor
Grven under my hand this -]fiday ot
and knowledge th me
l\,4y commission expires p0a
Nota ubhc
ACKNOWLEDGEMENT OF CORPORATE SURETY(S)
STATE OF PA
COUNTY OF CHESTER
Arlene Ostroff Notary Public in and for the State and
County aforesaid, do hereby certify that William F. Simkiss
Attorney -in-Fact for the Western Surety Company
Whose name is signed to the foregoing bond, this day personally appeared
before me in my State and County aforesaid and acknowledged the me
Given under my hand this 1'l TH day of MARCH
Nolary
COIIMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
AILENE OSIROFF, Notary Pubtk
Wlllstown To\dnshlp, Cherter Courrty
^ly
Commlslon Expires December 3, 2020
t,
Bondod lhN xotry hd.lhd. ttut
lolier
JO lt uD tl
trY@mr6{il(,}{t@91@54
oclREs: s.pba6l4,2023
My commission expies. 1210312020
Page 169 of 2568
Western Surety Company
make- conslitule and apB)int
William F'Simkiss, Ilichard,l l)ecker, l)anit'l P I)unigan,.loseph W Kolok.lr, Ilrian (' lllock,
James L Hahn, I ntlividuall1'
undcnakings and olher obligalon ioslrLllenls oI similar naturc
- In Unlimited Amounts -
Allomey. pursuanl lo the aulhoril\ herch\ sitcn. arc hercb\ ralilied and conlirmed.
This Power ofAtlorne) is nrade and excculed pursuant r() and by autho ry ofthe By-Law printed on the reverse hercof. dul]_ adopted. as indicaled. b,v
lhc sharcholders of lhc corp{rrarion
WESTERN SURETY COMPANY
OnlhislTlhda!olJunc.2019 helorc me pcrsonallv came Paul T Brullal. to me known. \vho. being by meduly s$om.did dcposc and sa]': thal he
resides in thc CiN of Sir)ux Frlls. Stale ol Soulh Dakola: lhat hc is thc Vicc President ofWESTERN SURE fY COMPANY described in and \hich e\ecurcd
the above inslrumcnl: rhat he knons rhc seal ofsaid corporalron: rhal the seal allixed to the said instrumonl is such coTorale scal: thar it was so alli\cd
pursuant to authorir! givcn b! the lloarri ofl)ireclors ol said corporalion and thal hc siBned his name therelo pursuanl lo lik. aulh{)rily. and acknotrlcdgcs
same to be thc acl aod dccd ol said corporatiur
My commisstrn expires
.lune 23- 2{)21 6#-tui
aul l. Brullar. Vice Presidcnl
WESTERN SURI]TY COMPANY
I N.lsrnr ,\s\rnirnl sr.rctl^
cuRTlt'lcA-l f
I, L. Netson. Assisranr Sccrclary of WESTLRN St.lREl Y COMPANY do hereby cenily rhar rhe Po$er of Anome)' hcreirabove sel li)nh is slill rn
lbrce- and furlher ccnil) lhat the t]!-La$ oflhe corporarion prinled on lhe reveAe hereofis slill in lbrcc. ln teslimony $heteofl havc htreunto \ubscribed
my namc and afll\cd the seal oflhc said corporation this ll TII da! of MARCH. 2020.
Fom Fll80 7-l(l1l
scl
Go to www cnasuretv.com > Owner / Obligee Services > validate Bond coverage, if You want to verifY bond authenticity.
POWIIt OF Al"IOIINI'Y APPoINTIN(; INDIVIDUAI- AT'IOITN EY- IN-F,\C]'
ln witness \yhercof- wES IERN SI]RETY COMPANY has causcd these presenls to be signed by ils Vice Prcsidenl and its corporatc seal lo be
hereto allixed on this lTth day ofJune. 2019.
State ofSoulh Dakota
County ofMinnehaha
.l Mohr. Nolrr\ I']ublrc
\..t
Page 170 of 2568
WESTERN SURETY COI"IA NI'
Siour Fells, South Dikolf,
Strlemcnt of Net Admitlcd Ass.ts rrd Liabiliri.s
D.c.mbcr Jl,2018
ASSETS
Bonds
Stocks
Cssh, cosh cquivalcnts, and shod-lcFn invcslments
Rcccivoblcs for sccuritics
lnvcstmcnl incomc duc ond accrucd
Prcmiums and considcmtions
Amounts rccovcrablc ffom acinsurc,s
Current fcdcml lnd forcign incomc t&r rccovcEblc and intcrcst thcamn
Nct dclcrrcd tax assct
Rcccivoblc from porcrt subsidiarics, and alliliatcs
Othcr osscts
Totol Asscts
LIABILITIES AND SURPI,US
Losscs
Losr odjustmcnt cxpcnsc
Commissions payablc, contingcnt commissions and othcr similar
chargcs
Othcr cxpcnscs (cxcluding toxcs, liccnsc and fccs)
Taxcs, Liccnsc and fccs (cxcludiog fcdcrdland forcign incomc tares)
Fcdcrol nnd forcign incomc tlxcs payablc
Unclrncd prcmiums
Advoncc prcmiums
Ccdcd rcinsumnce prcmiums psyoblc (nct ofccding commissions)
Amounts rvithhcld or.eioincd by compony fo. lccount ofothc6
Provision for rcinsurancc
Payoblc to parcnt, subsidiorics lnd omlistcs
Poyoblc on sccurity transsctions
oftcr liabilitics
Totol Liobilitics
Surplus Account:
Common slock
Gross paid in ond contributcd surplus
Unassigncd funds
Surplus os rcgtrds policyholdcrs
Total Liabilitics and Capital
Bv
s r,915,42t.756
2E,070,8r I
28, 0.934
17,684,881
4E.092,741
2,689,618
t09,624
I I,721,985
I 1,902,90E
23.233
s 2.0E3.815.,193
2t6,656,E92
58,374,620
t0,355,6r8
s
3,152,4fi
I,295,647
240,838,348
5,412,052
6t,346
5,262,4t4
t82,147
76.602
542.268,t46
4.000.000
280,07r,817
r,257,195,5r0
l. Victorio Baltrus, Vicc Prcsident o[ Wcstcm Surcty Company hcrcby ccnify that thc abovc is an accurirtc rcprcscntation of
thc finoncial slatcmcnl ofthc Company datcd Dcccmbcr 31. 2018,0s filed lvilh thc various lnsumncc Dcpartmcnts and is.
truc .hd corrcct stnlcmcnt ofthc condition of wcstcm Surely Company as ofthat datc.
WESTERN SURETY COMPANY
s
s
t*"rx/
Vicc Prcsidcnt
ftlay otMorch 2019
Bv
Not!ry Publ lc
$ 1.54 t.567.147-i---r"omii4t]-
Subscribcd alrd strom to me this
My conrmission cxpircs:
.a aa aaaaa a aara a a ra. aa.. o a a a.a ai 'orrtoAL sEAL' :! cxnsropxER LoPArowsKr :
I trtotary Puuttc. Sbto ol llinols :
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Page 171 of 2568
C-ovmty
Grovrdfr Management Departnent
Development Review Division
August 3. 2020
Western Surety Company
151 N Franklin St.
Chicago. IL. 60606
RE: Perlormance Bond No.30057633 / Toll FL. XIII
Azure at Hacienda Lakes Phase. 2. PL20180002205
Dear Sir or N4adam:
[)lcase be advised that basecl on the work completed and inspected to date, the subject
Perlbrmance Bond ntay nou, be reduceci b1, 546.692.00. leaving an available surctv ol'
$307.516.34. The remaining surety rcpreseuts $152.729.60 in uncompleted inrprovements. plus
the l0% r.naintenance security of $ I 54.786.74.
An oliginal Bond Rider shor.rld be submitted to this office reducing the value ol the security. all
other terms and conditions of the original Perlormance Bond to renrain in full force and effect".
IfI can be olany further assistance to you in this regard. please let me know.
S inccre-lr'.
t o/tn gftoulbwo<th
John R. Houldsu'orth
Scnior Site P lans Revie'wer
\\'ith lrrthoritl in thcse rrrattcrs
Cc: .lackie @ Waldrop Engineering
t,Li
t:
DsiEbgrE,t R€i/il'Diviir . 200 I'ffir lb$le ftil€ . t&Ces, Fbi& 34104 . Ag252-24m . u r*r.col6ro(rrM.9(r,
Page 172 of 2568
Decrease PENALTY RIDER
BOND NO.300s7633
THE BOND PENALTY SHALL BE Decreased:
FROM: Thrce Hundred Fiftv Four Thousand Two Hundred Eisht Dollars
and 34i100 ($354.208.34)
TO: Three Hundred Seven Thousand Five Hundred Sixteen Dollars and
34/100 ($3915!i&)
The Decrease of said bond penalty shall be effective as ofthe 3rd day of Ausust,
2020, 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 ofthe above mentioned bond shall not exceed the amount of
liabilify assumed by it at the time the act and/or acts of default were committed
and in no event shall such liability be cumulative.
Signed, sealed and dated this 6th day ofAusust,2020.
Toll FL XIII Limited Partnershio
Bv : Toll Southeast L.P. Comoany. Inc.
PRINCIPAL
BY:
Western Surety Companv
ST-]RETY
BY:
D an iel P.n TTORNEY-IN-FACT
To be attached and form a part of Bond No. 30057633 dated the !!!! day of
January 2!]9, executed by Western Suretv Companv as surety, on behalf of Toll
FL XIII Limited Partnership as current principal of record, and in favor of
Collier Coun8, as Obligee, and in the amount of Three Hundred Fiftr Four
Thousand Two Hundred Eieht Dollars and 34/100 ($354.2qm0.
In consideration ofthe agreed premium charged for this bond, it is understood
and agreed that $&Sl9gjg.ry1[&E@y hereby consents that effective from the
3rd day ofAusust,2020, said bond shall be amended as follows:
Page 173 of 2568
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
ofBerwyn, PA, its true and lawful Attorney(slin-Fact with full frower and authority hereby coflferrcd to sign, seal and execute for atrd on its behalfbonds
undertakings and otherobligatory insEuments of similar naore
- In Unlimited Amounts -
and to bind it thereby as fully and lo the same exlent as ifsuch instrumcnls were signed by a duly authorized offcer ofthe corporation and all the acts ofsaid
Attomey, pursuant to the authority hereby given, are hereby ratified and mnfitmed.
This Power of Atlomey is made snd executed pursuanl lo and by audrority of lhe By-Law printed on lhe rcverse h€reof, duly adopled, as indicaled, by
the shareholders of the corporation.
Ir Witna$ Whcr.ol WESTERN SURETY COMPANY has caused lhese presents to be signcd by iB Vice President and ils corporate s€rl lo b€
herElo alfixed on thls lTlh day ofJlrtre,2019.
WESTERN SURETY COMPANY
T. Brufla! Vice President
State of Soulh Dakola
Counly of Minnehaha
It
On lhis lTth day ofJune,2Ol9, before me p€rsonally came Paul T. Bruflal, lo me known, who, b€ing by me duly swom. did depose and say: that he
resides in the Cir},- ofSioux Falls, Strt€ ofsoulh D!kot!; thar he is rhe Vice hesident ofWESTERN SURETY COMPANY described in and which executed
the above instrumenli that he knows the seal ofsaid corporation; thst the seal affxed to the ssid instrument is such corponle seal: th.t it was so aIfixed
pursuant to authority given by lhe Board of Directors of said corporation and thal he signed his nam€ therelo pursuant lo like authority, and acknowledgcs
srme to be the act and deed ofsaid corporation.
J. Mohr, Nolary Public
WESTERN SURETY COMPANY
L. Nelson. /tssistant hltrrY
Form F4280-7-2012
$t r.
{qa)
J MOHR
M,bstern Surety Company
POWER OF ATTORNEY APFOINTING NDryIDUAL ATTORNEY-IN.FACT
K.ow All M.tr By ThG!. Prca.E6, That WESTERN SURETY COMPANY, a South Dflkots coryoration, is s duly organized and existing corporation
having its principal office in lhe City of Sioux Frlls, and Stste of South D.kots" snd lh.t it doas by virtuc of the siSn turE slld seal heteio affixed herEby
make, consdrute and appoinl
My commission expires
June 23, 2021
CERTITICATE
I, L. Nelson, Assisbnl Secretary of WESTERN SURETY COMPANY do hereby certiry lhal the Power of Atiomey hereinattovc se1 fo(h is still in
force, and further certi& thal the By-Law of the corpoBtioD printed on th€ revelse hereof is still in force. ln testimony whereofl have hereunlo subscribed
my name and affixed the seal ofthe said corpomtion this 6th day of Augus! 2020'
Go to www.cnasuretv.com > Owner / Obligee Services > Vatldate Bond Coverage, if you want to verify bond *Jthentcity'
Page 174 of 2568
Authoriritrg By-L.w
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power ofAftomey is made and executed pwsuant to ard by authority ofthe following By-Law duly adopted by the shareholders
of the Compan)-.
Section 7. All bonds, policies, undertakings, Powers of Anomey, or other obligalions of the corporation shall be execded in the
corporate narne of the Company by the President, Secretary, and Assistant Secretary, Treasuer, o. any Vice Pr€sident, or by such other
officers as the Board of Directors may authorize. The Presidsnt, any Vice President Seoetary, any Assistant Secrelary. or the Treasuret
may appoint Anomeys in Fact o. agents who shall have autho ty to issue bonds. policies, or undenakings in the name ofthe Compony.
The corporate seal is not necessary for the validity of any bonds, policies. undenakings. Powers of Attomey or other obligations of the
corporation. The signdtlle ofany such olficer and the cor'porate seal may be printed by facsimile,
Page 175 of 2568
.{fu C-,ovmty
Grcn /tt Management Deparfnent
Development Review Division
April20,202l
Westem Surety CompanY
151 N Franklin St.
Chicago, IL. 60606
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 $124,599.89, leaving an available surety of
$229,608.45. The remaining surety represents $74,821.7 | in uncompleted improvements, plus
the 10% maintenance security of$154,786.74.
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".
This reduction will become effective upon our receipt of the original Bond Rider'
If I can be ofany further assistance to you in this regard, please let me know.
Sincerely,
$oAz gftould*oah
Da,*grBri Rad*r Divi*:n . 2S0 fbih l-lorsedroe Dril.e . I'bdes, Fbie 34104 . 2@252-24m , Wlw.cdeco(nM.go/
RE: Performance Bond No.30057633 / Toll FL, XIII
Azure at Hacienda Lakes Phase 2, PL20180002205 Request #3
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Jackie @ Waldrop Engineering
Page 176 of 2568
Decrease PENALTY Rl D[-lt
B()\ t) \().1005?6J.)
ln consideration of the agrccd premium charged for this bond, il is understood and ngrced that
Western Surety ComDanv hcrc bl- consents that effective from thc 2tllh dar of Aplil,2lEf, siid
bond shall be amended as follows:
THE BOND PENALTY SHALL BE Decreased:
FROM: Three Hundred Seven Thousand Five Hundred Sixteen Dollars and 34/100 (5307.516.34)
TO: Two Hundred Twenty Nine Thousand Six Hundred Eisht Dollars and 45/t00 ($229.608.,15)
The Decrease ofsaid bond penalty shall be effective as ofthe 2!!I da) of 4pd1,2021, and does
hereby agree that the continuity of prot€ction under said bond subject to changes in pcnaltl shall
not be impaired hereby, provided that the aggregate liabilit\ of the ahore mentioned bond shall not
exceed the amount of liability assumed by it at the time the act aDd/or acts of defau lt n cre
committcd and in no event shall such liabilitv be rumulative.
Signed, sealed and dated this lf$ day of May, 2021.
lt\':SoUI-tI ErTST LP COMPAN}'INC.
a Delau a rc c(,rDoration
(ieneral l)itrtncr
PRt\( '.\t
tll:
Nanlc:
Tillc:
ti\ :
Western S l\ ( onr ltn\
SI RL T\
oigirr. \l I ()ll\ l:l,l\-l:.\( l
To hc attached and form a part of Bond No.l!)!!l!lf datcd the lqb dtll ofJanuar\,2{)19,
e\ecutod ht'Western Surctv Companv as suret)', on behalfofToll ['1, Xlll Limitcd I,rrtncrshin as
cu rrent principal of record, and in favor of Collier Countr. as Obligec. and in the amou n I of Qlgg
Hundred Seyen Thousand Five Hundred Sixteen Dollars and 3{/l(X) (5107.516.3{).
'l (,ll I,1- Xlll Limitc(l l'urlncr!hiD
Page 177 of 2568
Western Surety Company
POWER OF ATTOI'NI'Y APPOINTIN(; INDIVIDUAL ATToRN EY- IN-T AC"I
consriture and apnoiIl
Williarrr I,'Simkiss, I)tnie I P Dunigan, Brian (' Illock, Richartl .l l)ccker,.lanrcs L Hahn,.loscph
W Kokrk .lr. Individuullv
- ln Unlimited Amounts -
Allomc\. prrsuflnt ro thc aulhoril! hcrch! gi\cn are herch\ raliljed and conljrntcd
This Polvcr ofAllomev is made and execuled pursuanl lo and b]'aulhority ofthe By-Law prinled on lhe reverse h€rcol duly adopled- a5 indicatcd. b\
lhe shareholders of the corporation.
In Witrless Whcreof. WESI l]ltN StIRF I Y C()MI'ANY has caused thesc prcsenls to be signed hy ils Vice Presidcnt and ils corporale senl to bc hcreto
alli\ed on lhis l2th da]'ol March.202I
WESTERN SURETY COMPANY
Srarr ol Sourh I).I.ri
Counl\ of \linn.haha
)I
irul I Brullrt vr.( lrr.\1dc t
COMPNNY
I Nclson ,\i\r'tnnl \ccrcrr^
Onthis l2lhda] olMarch.202l.belbrcmeperso[alh canre PaulT Bruflal.lo nre kno\\'n.lrho. heinB by me duly sworn. did deposc and \il\ lhnlhe
resides in lhc Cilv ol Sioux Falls. stale ol South Dakola: lhrl he is lhc vice Presidcnr ofWESTERN S(JRhTY COMPANY described in and \hich e\ecutcd
lhc acl and d!'cd ol said corporatt)n
M\ colnmissxln c\pires
March 2.2026 io M, BENT '.
CERTIIJI(',tTI]
and al)i\cd lhc :.irl ol lhc said corpor trl)ll lhr\ lTlh da\ I'l l\1a\ l02l
s'!t]"*";";:+
='--id s. o,,. .5i:
"'fu.g::"'$'
WESTERN SUREl'Y
Go to www.cnasuretv.com > owner / obligee services > validate Bond Coverage, if you want to verify bond authenticity.
undenakrnps and othcr oblisar()n irsrrunrcnr\ of srmilrr nntnrc
M Benl. Norin l'ublic
Page 178 of 2568
Authorizing Ry-l,aw
AIX)P'I'ED I}Y THE SI IARETIOLI)ERS OF' WESTERN SURETY COMPANY
oflhc (i)mpan\.
Scclion 7. n ll honds- policio,. undcrlakints. Porvers ol Allornev. or olher obligalions oflhe corporalion shall bc executcd in thc
corporale namc ol_lhc Compan\ h) lhc Prcsidcnl. Sccrelan. and Assistant Secretary. Trcasurcr- or an)'Vice Presirlcnt. or b\ such othcr
olllccrs as the Board ol Dircclors n)a\ nulhoriTc- 'Ihc Presidcnt. an) Vice l>rcsidcnl. Secretar). an\ Assistant Secrclan. or thc Trea:iurcr nrx\
appoint Attomevs in l:acl or apcnls \ho shxll hn\c aulhoritv to issue bonds. policies. or undcrtakings in the nantc ol lhc Conrpan\. fhc
Thc sienaturc ol irnr such olllccr and the corporalc scal maY he printed by l'acsimile.
Page 179 of 2568
RESOLUTION NO.25-
A RI,SOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTAI*CE 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 THROTIGH 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 COUNTY, FLORIDA, 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 Plat Book 65, pages 72 tlvough 76, and
the Clerk is hereby authorized to release the maintenance security.
BE lT 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-EIS-05064/ 1884530/ I ]
2025.
BOARD OF COTINTY COMMISSIONERS
COLLIER COLINTY, FLORIDA
By:
Burt L. Saunders, Chairman
(
0
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