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Agenda 05/27/2025 Item #16A 8 (Resolution - Final plat of Azure at Hacienda Lakes)5/27/2025 Item # 16.A.8 ID# 2025-1254 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, Application Number PL20150002352, and authorize the release of the maintenance security in the amount of $550,805.24. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision and authorize the release of the maintenance security. CONSIDERATIONS: 1. On July 10, 2017, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Azure at Hacienda Lakes. 2. The roadway and drainage improvements will be maintained by the Azure at Hacienda Lakes Homeowners Association, Inc., and the Hacienda Lakes Community Development District. 3. The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Community Development Department inspected the improvements on March 24, 2025, and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the resolution is attached. This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused permitting process. 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 $550,805.24 will be released upon approval by the Board. The original security of $1,749,187.97 has been reduced to $550,805.24 based on the work performed and completed pursuant the terms of the Construction and Maintenance Agreement dated December 20, 2016. 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, Application Number PL20150002352, 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 Page 1042 of 7924 5/27/2025 Item # 16.A.8 ID# 2025-1254 ATTACHMENTS: 1. Location Map 2. Bond Basis 3. Resolution 4. Plat Map Page 1043 of 7924 AZURE AT HACIENDA LAKES LOCATION MAP Page 1044 of 7924 1 6 A 31 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 20th day of December. 2016 between Toll FL XIII Ltd. Partnership, 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(P120160002657) 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: roadway, drainage, water and sewer improvements 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$ 1,749,187.97 - 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 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 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; 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. 1 of 2 Page 1045 of 7924 16A31 1i 1 i! I 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 it subdivision performance security on the basis of work complete, Each request for a reduction in the I' dollar amount of the subdivision performance security shall be accompanied by a statement of I: 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 i"= 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 I 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 i 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 I 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 6'. their duly authorized representatives this . at day of rO,t G qw Io-o( I 20 16 . t` SIGNED IN THE PRESENCE OF: Name of Entity)Toll FL XIII LTD Partnership 11AileW7 E-- Printed Name-1,4,It"`SGV Zvi • .. 4 `l4.wuh;s-t.- .--11-1-4-iPrfrt'i e 'Div, U"TZtt ,-. 7EEs 4.Printed NatnelTitle President,VP, or CEO)rjEr..xuunEicr'tc1.7t I Proviek fa Low t dEi3 ATTEST, y' a e. Bonded rhruNotary ruodeundorwrIters 14.. DWIGHT E.BROCK,_CLERK: BO OF COUNTY, ONIMiSSIONERS 1 i, - OF LIER COUN ,Fl. IDA r tBy: N ttg ;}181 TO.By: Deputy Clerk_ tt o1ntia F,•LIQ, CAnq: rw a , Ap roved s to for n dTeg ty . p I Assistant County Attorney e F-- bLk FL GP:(©RP., GetvaRAt, t'A-rzT/.sVL C' tf TV Q._k l t 1 uM<<iso Pitrz.nokest4 4 P, rt otz1 A urt itci) V kg rKKE R.SFttV Page 1046 of 7924 1 6 A 31 PERFORMANCE BOND BOND NO. 2202343 KNOW ALL PERSONS BY THESE PRESENTS: that Toll FL XIII Limited Partnership Name of Owner) 250 Gibraltar Road Address of Owner) Horsham, PA 19044 Address of Owner) Hereinafter referred to as "Owner")and North American Specialty Insurance Name of Surety) Company 475 North Martingale Road Address of Surety) Schaumberg IL 60173 Address of Surety) 847-273-1234 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 Forty Nine Thousand One Hundred Eighty Seven and 97/100 Dollars ($1,749,187.97) 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(PL20150002352)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 1047 of 7924 1 6 A 31 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 28 TH day of DECEMBER /Two Thousand/Sixteen WITNESSES. Owner Name and Title if Corporation) Toll FL XIII Limited Partnership Bye Print-d NameCf Printed Name/Title Cc S ree 1 S. f l jam,''gv.' — Provide Proper Evidence of Authority) rct c(-ri LL j L.c,P c ca.P.,(..,I0-.Cw3t_ Printed Name PNrLi1J02 pF TOL L)(III LiOareo Pftrl.ik4SItiP, a Flcc,Drt Lillirk-0vtkei ;4sit'i) ACKNOWLEDGEMENT STATE OF e f:chi COUNTY OF L. .. THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 0kv444 / Qec / Qa , 20 %6 , by Wev1 tk74 tre... NAME OF ACKNOWLEDGER) AS IA:v ( te (TITLE) OF (NAME OF COMPAN4)14L-Pt., WHO IS PcRSQNALLY KNO\O M , OR HAS PRODUCED AS IDENTIFICATION. Notary Public—State of F I.i'( SEAL) e" Y•• ` MY CMESIONO EXPIFES:March 22,2020 4f. Bated II S:M Pucrx 202 UndulationEednrrVecn } • ,it(/ WITNESSES: North American Specialty Insurance Company 411 Al (-'08Y: i f L ;1__ Anita DilulioPrinte ame Printed Name/Title Daniel—. Dunigan, ATTORNEY-IN-FACT V2, _ Jif t____(Provide Proper Evidence of Authority) Diane Cook Printed Name Daniel P. Dunigan ACKNOWLEDGEMENT STATE OF PA COUNTY OF CHESTER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 28TH /DECEMBER /Two Thousand Sixteen, by Daniel P. Dunigan NAME OF ACKNOWLEDGER) AS Attorney-in-Fact (TITLE) of Attorney-in-Fact (NAME OF COMPANY)WHO IS PERSONALLY KNOW TO ME. COMMvNwEAL1HOr NLni, ,w.+,.... Notary Public—State of PA NOTARIAL SEAL i1RlD*OSTROM Notary Public SEA WR1l1Num1 ToMddp.Chestier County AV Cw11Alinila bilks,Docan ier S.2000 6/-6 ' J Printed Name-Ar ene Osty.f1Notary Public Page 1048 of 7924 16 A 31 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organised and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint WILLIAM F.SIMKISS,DANIEL P.DUNIGAN,BRIAN C.BLOCK, JOSEPH W.KOLOK JR.,JAMES L.HAHN,and RICHARD J.DECKER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." y¢\`G\ GGfi° Wswwu+r+ uif2fqo;r/' qzmemg= i ow,* tis 015:F"X By 1y1873SEAL Steven P.Anderson,Senior Vice President of Washington International Insurance Company SEAL Senior Vice President of North American SpecialtyhInsurance Company n` i;*0\ A:4 hrid SkAMF gym@ Nflll „\ ate By "'. 9J},k,.•.. L/ David M.Layman,Vice President of Washington International Insurance Company Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 7th day of June 2013 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 7th day of June ,20_,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman a Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OF FICIAL SEAL" r 9,J ti4 % ° A DONNA D.SKLENS Notary Public,State of Illinois r Donna D.SkIens,Notary Public My Commission Expires 1t1105/2015 f I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 28TH day of DECEMBER ,20 16 Jeffrey Goldberg,Vice President&Assistant Scatter),of Washington International Insurance Company&North American Specialty Insurance Company Page 1049 of 7924 16A3131 Ans NORTH AMERICAN SPECIALTY INSURANCE COMPANY NORTH AMERICAN SPECIALTY INSURANCE COMPANY A New Hampshire Corporation BALANCE SHEET AS OF DECEMBER 31.2015 Statutory Basis) Valuation of securities on National Association of Insurance Commissioner Basis ASSETS LIABILITIES Cash 105,812,888 Reserve for Unearned Premiums 50,927Bonds319,869,966 Reserve for Losses and Loss Adjustment Expenses 35,111,039OtherInvestedAssets76,969,460 Funds WithheldOtherAdmittedAssets74,096,571 Taxes and Other Liabilities 10,419,706 Surplus 135,821,222 TOTAL ADMITTED ASSETS 576,748,885 TOTAL LIABILITIES& 395,345,991 576'748'885POLICYHOLDERS'SURPLUS The undersigned,being duly sworn,says: That he is Senior Vice President of North American Specially Insurance Company;Schaumburg, Illinoisthatsaidcompanyisacorporationdulyorganized,existing by virtue of the Laws of the State of New Hampshire and that said Company has alsocompliedwithandisdulyqualifiedtoactasSuretyundertheActofCongressapproved;July 1947 6 U.S.C.sec.6-13;and that to the bestofhisknowledgeandbelieftheabovestatementisafull,t and corre statertnt of the financial condition of the said Company on the31,,t day of December,ZGiS, i/ Michael A.Ito North American Specialty Insurance Company Subscribed and sworn before me, iris 19 day of March,2016 Notary Public OFFICIAL SEAL M KENNYE.,,...._TARY PUBLIC,STATE OF ILLINOIS COMMISSION EXPIRES 12/04/2017UV+J+wr.ri/Vra. Page 1050 of 7924 *1fu C-ottta,ty Gro\,vth Management Department Development Review Division May 23,2017 North American Specialty Insurance 475 North Martingale Road Schaumberg,lL. 60173 RE: Performance Bond No.2202343 / Toll FL XIU LP Azure at Hacienda Lakes (PL20150002352) 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 $l ,175,560.73, leaving an available surety of $573,627.24. The remaining surety represents $220,807.98 in uncompleted improvements, plus the 10% maintenance security of $352,864.26 An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know Sincerely, John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Jeremy Arnold, PE, Waldrop Engineering Dorebpnrt Review DMsbn ' 28m Norh Horse$oe Dive . fhrts, Hcrila 34104 . 23g X2-24N . wrl.colbgovnd Page 1051 of 7924 Decrease PENALTY RIDER BOM)NO,2202343 PREMIUM To be attached and form a part ofBond No.2202343 dated the 28th day ofDecember,ZSJS, executed by North American Specialty Insurance Companv as surety,on behalf of Toll FL XIII Limited Partnership as current principal of record, and in favor of Collier County, as Obligee, and in the amount of One Million Seven Hundred Fortv Nin e Thousand One Hundred Eishtv Seven Dollars and 971100 (W_49]87.97). ln consideration ofthe agreed premium charged for this bond, it is understood and agreed that North American Specialty Insurance Companv hereby consents that effective from the 23rd dav of Mav,2017, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased FROM: One Million Seven Hundred Fortv Nine d One Hundred Eightv Seven Dollars and e7/100 clJ4xl!1Jz) TO: Five Hundred Seventv Three Thousand Sir Hundred Twentv Seven Dollars and 24lI 00 (w3.62724) The Decrease of said bond penalty shall be effective as of the 23rd day of !!qy, 2017, and does hereby agree that the continuity ofprotection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate Iiability 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, sealed and dated this 26th day of May, 2017. Toll FL XIII Limited Partnership PRJNCIPAL BYr North STIRETY B\': Da ATTORNE}'-IN-FAC'I Page 1052 of 7924 ACKNOWLEDGEMENT OF SURETY State of Pennsylvania County of Chester On this 26TH day of MAY, 2017, before me, ARLENE OSTROFF a Notary Public in and for said Chester County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared DANIEL P. DUNIGAN, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the NORTH AMERICAN SPECIALTY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the NORTH AMERICAN SPECIALTY INSURANCE COMPANY thereto, as Surety, and his own as Attorney-in-Fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, and year in this certificate first above written. BY Notary Public rrDr l{y My Commission Expires: l2l3l20 1.(TTi,I-,: - rra, - Page 1053 of 7924 NAS SIIRETY GROUP NORTH AMERICAN SPECIALTY INSi.IRANCE COMPA}IY V/ASHINGTON INTERNATIONAI INSURANCE COMPANY GENERAL POWER OF ATTORNEY IC{OW AIL MEN BY THESE PRESENTS, T}IAT North American Specialty Insuraace Company, a corporation duly organized and existing pnder laws of the State of New HamPshirc, and haviag its prilcipal oftice in ttre City of Manchester, New Hamprnio, *a W."nl"gton lnternational Iosuraace Company, a corporation organi?ed and exjsthg rmder the laws of the State of New Hampshte and haviag its prinJipal oftice in the City of Schaumburg, Iilinois, each does hereby make, constitute and appoint: WILLIAMF.SIMKISS, DANIEL P. DLINIGAN, BRIAN C.BLOCK, JOSEPH W. KOLOKJR., JAMES L. HAHN, and RICI{ARD J. DECKXR This Power of Attomey is granted and is signed by facsimite u:rder ard by the authority of the following Resolutions adopted by the Boards ofDirectors of both North Americaa Specialty Insurance Compaay and Washington lnternational Tnsura.Dce Company at meetings duly called and held on ttre 96 of May,2012 'RESOLVED, that ary two of ttre Presidents, aay Managing Director, aay Senior Vice Presidenq any Vice presiden! aay Assistart Vice presiden! the Secretary or any Assista.nt SecretrrS' be, a.nd each or any ofthem hereby is authorized to execute a Power ofAttorney quatifying ttre attorney named ia ttre given Power of Attomey to execute on behalf of the Company bonds, uodertakings aad all coDtacts of suety, ana ttrat eu"h o. any of themherebyisautlorizedtoattesttotheexecutionofaaysuchPowerofAttorneyandtoattachthereinthesealoftheCtmpany; aoditis FL)RTHER RESOLVED, that the sfunature of such officers and the sea-l of tbe Company may be a.ffxed to any such power of Attorney or to anycertificate relating thereto by facsimile, and any such Power of Attomey or certificale bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and il the future with regard to any bond, undertaking or contract Jf suret5r to which it is attached-,, By JOINTLY OR SE\ERAILY Its t-ue and lawfirl Atorney(s)-ia-Fact, to make, execute, seal and deliver, for and on its behalfald as its act and deed, bonds or other writings obiigatory in ttre nafure of a bond on behalf of each of said Compaaies, as surety, on contmcts of suretyship as are or may be required o. p.iitt"a by Iaw, regulation, contact or otherwise, provided thal no bond or ulderta.king or contract or suretyship executed under this authority shall exceed theamount of: FIFTy MILLTON ($50,000,000.00) DoLLARS SlcveD P. Ahdson,of Wshingtotr Compary & Scaior \4e Proidot of n*orth Aneria Sp*ialty InsraDce Comprly By David Iv{- Lelmen, \4e of Washington Inlcmation.l InsuEnce Comprny & \4cc PE$dat ofNodh Aftric{ Speirltt Insumnc Compeny IN WITNESS WISR-EOF, Norttr American Specialty hsurance Company and Washin$on Intemational hsurance have caused theiroffrcial seals to be hereunto affixed, and tiese presents to be signed by thet authorized ofticers this 7fr day of Comoanv June 2013 North American Specialfy Insurance Company Washington International Insurance Company State of Iilinois Cormty of Cook ss: On this 7th day of Jr:ne 20 13 - before me, a Notary Public personaJly appeared Steven P. Alderson , Senior Vice President of Washington Intemational Tnsrra.nce Company and Senior Vice President of North American Specialty krsura.nce Compaay and David M. Laymaa, Vice President of Washington International Insura::ce Company aad Vice President of North American Specialty Insurarce Compaay, personally known to me, u&o being by me duly swonl acknou'ledged ttrat they signed the above Power of Atomey as officers of and acknowledged said instrument to be the voluntary act aad deed of their respective companies. &*u t Jil*n Doma D. Sklens, Notary Public I Jeffrev Goldbere . the duly elected Assistant Secretarv of North America-o Specialty Insurance Company and Washington lnternational Trsurance Compaay, do hereby certiBr thar the above aad foregoing is a tue and correct copy ofa Power ofAttorney given by said North American Specialty Insurance Company and Washington Intemational Inswance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and afued the seals of tre Companies this2 jlhay of MAY , zO 17 SAL ttt!Szu SEAL* D,SKIENS St-re oflilioois ComnissiN Jc6cy Goldbog \tie hEidot & A$ist S6dry of Wadringh litmioal Insme Gapsy & NonI Am*io Sprcialty Irsrrue Comp&y /r**:- Page 1054 of 7924 AXt hIGRT'H AT,EIPjCAN sP5CrAL ry fl vs tt RAN c E CA N PAity NO}II}I AIIIEftICN.N SPEG'ALTY INSURANCE CO*IP- AhIY A Ne$, Hampshiie Corporatbn BALANCE SHEETAS OF DECEf./EEF( 31. ?015 (Statutorf Basis) valuation of securiiies on Nationar Association of Inswance cornmissioner Basis ASSETS LrAelunes Cash Bonds Olher lnvestedAssets OtherAdmited Assels TOTAL ADM'TTED ASSEIS ',05,€12,8S8 319,869,956 7e.969,460 74,096,57f 576,748.885 50,98 ' 35,111,O39 10,41q706 135,821,222 395.345.991--F6_]48TE5- Reserve fcr tlneamed premlums. 1og*.: for Lostes and Loss Adjustmenl Experrsestunds Wthheld Taxes and Other Liabilities Surplus TOTAL LIABIUTIES & POLICJHOLDERS. SURPLUS North rqrrrerica1 Special$ lnsuracce Compariy The undersigned, being duly swom, says: That hemar sald company is a corporation duly oroanized. Tmptrect with and is duly qualified to ait as-suretvor n'rs Nnowledge and belief the above staternent i-s?'isi <!ay of Deeember, i0lS. lllinois aiso Subscnbed and swom before me,tltts 19 i;y oi March. ZBi6 i.}FFICIAL SEAL t't KENI{Y NOTAfi1r'FLJBUC.STATE OF MY EXPIilES 7 Page 1055 of 7924 September 18, 2018 North American Specialty Insurance 475 North Martingale Road Schaumberg, IL. 60173 RE: Bond 2202343 / Toll FL XIII LP PL20150002352 Azure at Hacienda Lakes Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Performance Bond may be reduced by $22,866. According to our records, this will leave an available bond $550,805.24. Of this amount, $352,864.26 represents the required 10% maintenance security and $197,941.98 represents the work remaining to be completed. An original Bond Rider should be directed to this office, reducing the value of the bond, “all other terms and conditions of original performance bond to remain in full force and effect”. Respectively, John Houldsworth John Houldsworth Senior Site Plans Reviewer Page 1056 of 7924 Decrease PENALTY RIDER BOND NO.2202343 To be attached and form a part of Bond No.2202343 dated the 28th day of December,2016, executed by North American Specialty Insurance Company as surety,on behalf of Toll FL XIII Limited Partnership as current principal of record,and in favor of Collier County,as Obligee,and in the amount of Five Hundred Seventy Three Thousand Six Hundred Twenty Seven Dollars and 24/100($573,627.24). In consideration of the agreed premium charged for this bond,it is understood and agreed that North American Specialty Insurance Company hereby consents that effective from the 18th day of September,2018,said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Five Hundred Seventy Three Thousand Six Hundred Twenty Seven Dollars and 24/100 573,627.24) TO: Five Hundred Fifty Thousand Ei2ht Hundred Five Dollars and 24/100($550,805.24) The Decrease of said bond penalty shall be effective as of the 18th day of September,2018,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 liability be cumulative. Signed,sealed and dated this 18th day of September,2018. Toll FL XIII Limited Partnership BY: TOLL SOUTHEAST LP COMPANY,INC., a Delaware corporation General Partner PRINCIPAL BY: J Name: /1,N • f3/.i• Title: S it Vl-. 9 ri- North American Specialty Insurance Company SURETY BY: / Richard J.Decker,ATTORNEY-IN-FACt ' • 1 Page 1057 of 7924 ACKNOWLEDGEMENT OF SURETY State of Pennsylvania County of Chester On this 18 TH day of SEPTEMBER, 2018, before me, ARLENE OSTROFF a Notary Public in and for said Chester County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared RICHARD .1. DECKER, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the NORTH AMERICAN SPECIALTY INSURANCE COMPANY, and acknowledged to me that he subscribed the name of the NORTH AMERICAN SPECIALTY INSURANCE COMPANY thereto, as Surety, and his own as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, and year in this certificate first above written. BY: Notary Public My Commission Expires: 12/3/2020 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ARLENE OSTROFF,Notary Public Witlistown Township,Chester County My Commission Expires December 3,2020 Page 1058 of 7924 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park,Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: WILLIAM F.SIMKISS,DANIEL P.DUNIGAN,BRIAN C.BLOCK,JOSEPH W.KOLOK JR.,JAMES L.HAHN,and RICHARD J.DECKER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." n`U1HIIf1//p/ NVanallatN9 µ tokurY//¢i ss TlCNgt iti x4 5Q:O'l °44:F610 C . G Ri'D j SG s By ronntftiNvii1" r•.`y Steven P.Anderson,Semor Vice President of Washington International Insurance CompanyaZs'oSEAL : Senior Vice President of North American Specialty insurance CompanySEAL :nt".n m' Senior Vice President of Westport Insurance Corporationw1973rt,: m= R. n_ j l GIMP?.•'" s By I ! fardHrinNNaa\`\` 44, * Michael A.Ito,Senior Vice President of WashingtonInternational Insurance rO NitsSeniorVicePresidentofNorthAmericanSpecialtyInsuranceCompany Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 27th day of November 20 17 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 27th day of November ,20 17,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIALNY pPit ldotmy Public-Stair of Illinois 1 rCommissionlrmanr"" 1 M.Kenny,Notary Public I, Jeffrey Goldberg , the duly elected Vice P.residentland Assistant.Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corppr9tiorl do hereby certify that the above and foregoing is a true and con-ect copy of a Power of Attorney given by said North American SpecialtyjrtsSraance:Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect IN WITNESS WHEREOF,I have set my hand an&.affxited;he s''11.bf the Companies tail 8TiidaY of SEPTEMBER ,20 18. Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company&Vice President&Assistant Secretary of Westport Insurance Corporation Page 1059 of 7924 APIS NORTH AMERICAN SPECIALTY INSURANCE COMPANY NORTH AMERICAN SPECIALTY INSURANCE COMPANY A New Hampshire Corporation BALANCE SHEET AS OF DECEMBER 31,2017 Statutory Basis) Valuation of securities on National Association of Insurance Commissioner Basis ASSETS LIABILITIES Cash 30,177,092 Reserve for Unearned Premiums 19,822Bonds302,520,193 Reserve for Losses and Loss Adjustment Expenses 26,206,755OtherInvestedAssets82,438,953 Funds Withheld 9,571,995OtherAdmittedAssets95,286,978 Taxes and Other Liabilities 153,187,025 Surplus 321,437,619TOTALADMITTEDASSETS510,423,216 TOTAL LIABILITIES& 510,423,216 POLICYHOLDERS'SURPLUS The undersigned,being duly sworn,says: That he is Senior Vice President of North American Specialty Insurance Company,Overland Park,Kansasthatsaidcompanyisacorporationdulyorganized,existing by virtue of the Laws of the State of New Hampshire and that said Company has alsocompliedwithandisdulyqualifiedtoactasSuretyundertheActofCongressapproved;July 1947 6 U.S.C.sec.6-13:and that to the bestofhisknowledgeandbelieftheabovestatementisafull,true and correct atement of the financial condition of the said Company on the31stdayofDecember,2017. sue' t ; Michael A.Ito,Senior V e President r North American Specialty Insurance Company Subscribed and sworn before me, this 26tti day of March,201$ L</ O votary Public OFFICIAL SEAL M.KENNY i Notary Public-State of Illinois My Commission Expires 12/04/2021 Page 1060 of 7924 RESOLUTION NO.25. A RESOLUTION OF THf, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN AZURE AT HACIENDA LAKES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 62, PAGES 13 THROUGH 21, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 13,2016, approved the plat olAzure at Hacienda Lakes lor 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 COLINTY 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, pursuant to the plat thereof recorded in Plat Book 62, pages 13 through 2l , 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 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 AftomeY 2025. BOARD OF COUNTY COMMISSIONERS COLLIER COLTNTY, FLORIDA By: Burt L. Saunders. 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