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Agenda 05/27/2025 Item #16A 9 (Resolution - Final acceptance of the private roadway and drainage improvements and acceptance of the plat dedications for the final plat of Bella Tesoro an Esplanade Community – Phase 1)5/27/2025 Item # 16.A.9 ID# 2025-1290 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 Bella Tesoro an Esplanade Community – Phase 1, Application Number PL20190001408, and authorize the release of the maintenance security in the amount of $743,372.46. 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 April 8, 2022, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Bella Tesoro, an Esplanade Community – Phase 1. 2. The Bella Tesoro, an Esplanade Community Association, Inc., and the Currents 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 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 Bella Tesoro, an Esplanade Community Association, Inc., and the Currents Community Development District will maintain the roadway and drainage improvements. The existing security in the amount of $743,372.46 will be released upon Board approval. The original security in the amount of $3,725,833.85 has been reduced to the current amount of $743,372.46 based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated January 27, 2020. 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 Bella Tesoro an Esplanade Community – Phase 1, Application Number PL20190001408, 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 1071 of 7924 5/27/2025 Item # 16.A.9 ID# 2025-1290 ATTACHMENTS: 1. Location Map 2. Bond Basis 3. Resolution 4. Plat Map Page 1072 of 7924 BELLA TESORO AN ESPLANADE COMMUNITY – PHASE 1 LOCATION MAP Page 1073 of 7924 AND day of INTENANCE AGREEMENT FOR SUBDIVISION IIVPROVEMENTS 201D_between rayror irorison or Ftonda. tnc hereinafter referred to as "Developel', and Board of nty Commissioners of Collier County, Florida, hereinafter referred to as the "Board" CONSTRUCTION AND MAI NTENANCE AGREEMENT FOR SUBDIVISION I MPROVEMENTS THIS CONSTRUCTION entered into tnis 2f h RECITALS: 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: Berra reso,o a;sphiade oommunity - phase 1 B Chapter 4 and 10 of the Collier County Land Development Code req uired 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 therequired improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter setforth, Developer and the Board do hereby covenant and agree as follows: 1. Developer Will CaUSe tO be COnStrUCted: artrequired improvements within 36 months fro referred to as the required 2 3 m the date of approval said subdivision plat, said improvements hereinafter improvements. Developer hera,vith tenders its subdivision performance security (attached hereto as E*libit "A', and byreference made a part hereoD in the amount of $ll1se:jl__ which amount represents 1o% of the totalcontract cost to complete the construction plus tb6%-of tlre estim ated cost ofio complete the required improvements at the date of this Agreement. ln 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 subdivisionperformance security to insure satisfactory completion of the required improvehents.' The required improvements shall not be cnnsidered complete until a statement of substantial completionby Develope/s engineer along with the final project records have been furnished to be reviewed andapproved by the County Manager or his designee for compliance with the Collier County Land Development Code. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantral complelion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notiry the Developer rn writing of his refusal to approve improvements, therarvith specifying those conditions which the Developer must fulflll in order to obtain the County Manager's approvai of the improvements. However, in no event shall the County Manager or designee refusJ prelim inary approval of the improvements if they are in fact constructed and submitted for ipproval in accordance with the requirements of this Agreement. 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 maintenanca period by the Developer has terminated, the Developer shall petition the County Manager or destgnee to inspeit 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 Develope/s responsibility for maintenance of the required improvements shall continue unless or untrl the Board accepts maintenance responsibility for and by the County. 4 5 o Page 1074 of 7924 7 Six (6) months afier the execution of this Agreement and once within every six (6) months thereafter the Dweloper may request the County Manager or designee to reduce the dollar amount of the subdivision performance secunty 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 staternent of substantial completion by the Develope/s engineer together with the project records necessary for rwianv by the County Manager or designee. The County Manager or designee may grant the request for a reduCtion in the imount;f the subdivision performance security for the improvements completed as of the date of the request. ln the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certificatiofl of such failure, the County lVlanager or designee may call upon the subdivisibn 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 Dweloper, 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 consequentlal, which the Board may sustain on account of lhe failure of the Ds/eloper to fulfill all of the provisions of this Agreement. 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. 8 I lN WITNESS WHEREOF, the Board and the Devel ope their duly authorized representatives tnis '/ ?h a ay of r have caused this Ag .-iQ(\\r0.r^ I ,2 oIe-reement to be executed by J SIGNEO IN THE PRESENCE OF: zA/ (Name of Entity) Taylor Morrison of Flor ,/ ---t Lvw_l-, Y*rv A+I A)MIW Printed Name:I . --_ ./)\, M,ni^^.*-(.., /htt-t t w Printed Name/Title (President, VP, or CEO) (Provide Proper Evidence of Authority) UILNO,'A,t?xW Printed Name: ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF ,PLLIER COUNTLFLORIDA Approvd as to f.cirm.4fgJglgfqnly, By Burt L. Saunders, Chairman €4,Lrf H. as*xan Assistant County Attorney AS Page 1075 of 7924 Exhibit A Bond No.. SU1162243 PERFORIVIANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Taylor Morrison of Florida, Inc 551 N. Cattlemen Rd. #200 Sarasota, FL34232 (hereinafter referred to as "Owner") and Arch lnsurance Company Harborside 3, 2'10 Hudson Street, Suite 300, Jersey City, NJ 07311 - 1102 (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 Three Million, Seven Hundred Twen ty Five Thousand, Eight Hundred Thirty Three Dollars and Eighty Five Cents t>3,725,833.85 ) 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 BellaTesoroanEsplanadeCommunity-Phasel 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. Page 1076 of 7924 WITNESSES aylor Morrison of Florida, lnc. Printed Name fr'fl0Tll I Printed Name/Title )t Lt/- ,By: fProvide Proper Evidence of Authority) b,^,,6*^ tfud,V/ Printed Name \-/ IN WITNESS WHER 1515 27th EoF, the parties hereto have caused this PERFORMANCE BoND to be executed day s1 January ,20 20 ACKNOWTEDGEMENT THE FOREGOING PERFORMANCE BOND ACKN BEFORE ME THIS DAY OF ,20- , BY NAME OF ACKNOWLEDGER) AS (rrLE)OF TA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICA Notary Public - State of (sEAL) Printed Name SU RETY ACKNOWLEDGEMENT STATE OF COUNry OF WITNESSES: - By:-'t Amanda D'Angelo (Surety Name and Title if Corporation) Joshua Printed Name (Provide Proper Evidence of Authority) By: Darlielle D Johnson Printed Name 767t7, U\/" ,-'\ I - Page 1077 of 7924 STATE O COUNTY , Flw,inG@ SWORN TO and subscribed before me by means ofakt lul,tAv 2020, by Notary Public m0st check applicable box: presence or online notarization this.A 'c<-person(s) as identif ication. on. $*r"personally known to me. f-l produced her current driver license 1r.y'-6l dayot .tl I produced (Notary Sealf Public Printed Name of Notary: Commission Num My Commission Expires STATE OF Connecticut COUNTY OF Hartford Notary Public must check applicable box: [} are personally known to me. fl produced her current driver license. f] produced The foregoing instrument was acknowledged before me by means of I physical presence or I online notarization 1[;5 27th day o1 January ,2020, by Joshua Sanford Such person(s) ( ,l.f,r,tr-,r*\4,(Notary Seal) I\IMEE PERONbIT.iE NOTARY PAtsLIC. CT 174145 iity coMMisstofi ExpGEs ttAy s1,2022 Notary Public Printed Name of Notary:Aimee Perondine Commission Number 74145 My Commission Expires: MaY 31 ,2022 #t{otary Puurc Slrb c, Flo.idl Dcborrh K. Bodott lry cofrmi.lbn GG 32E734 E qr[t.0Ot42O23 !-"-rfiC;'c Page 1078 of 7924 .Rff*C-ount! Grorndfr Management Departnent December 11,2020 Development Review Division Arch Insurance Company Harborside 3,210 Hudson Street, Ste. 300 Jersey City, NJ. 07311-1107 RE: Performance Bond No. 5U1162243/ Taylor Morrison of Florida, Inc. Bella Tesoro, an Esplanade Community at Fiddler's Creek - PL20190001408 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 $741,913.50, leaving an available surety of $1,256,547.21. The remaining surety represent s $699,677.75 in uncompleted improvements, plus the 10% maintenance security of$556,869.46. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions ofthe original Performance Bond to remain in full force and effect". This reduction will become effective upon our receipt ofthe Original Bond Rider. IfI can be ofany further assistance to you in this regard, please let me know. Sincerely, loHN HOUASWORTH John R. Houldsworth Senior Site Plans Reviewer Wilh authority in these matters Cc: Jeremy Amold, PE, Waldrop Engineering CV File D€\,gotrrEri Ra/i /Divitun.2&0licfhFb€edneoriue.tbdes,Fknda34104.Bg252-24m,\.,/ww.cdlscourM.go/ Page 1079 of 7924 Decrease PENALTY RIDER BOND..\l\tOtJNT St.99E.t60.71 BOND NO. SUt 1622J3 'l o be attached :rnd form a part of Rond No. SUI162243 dated the fll! day of Januarrr, 2020, crecuted by AlgLhllleM-.legllEllas surety, on behalf of I4yDI_L!9IIi!gLqLE!9Id!J!g as curreut principal of record, and in favor of g-q!!LgI_99-U4q!-ILg-tig.g, as Obligee, aud in the amount of Onc Nlillion Nine Ilundrcd Ninetv Eicht 'I'housand ['our [Iundred Six tv Dollars :rnd 7ll I00 (s l.99lr.{60.71). In consideration of the agreed premium charged for this bond, it is understood :lnd agreed that .\rch In,rrrrlncc ( onrpanv hereb y consents that effective from the l!!I day of DlggEDe!, 2!2!, said bond shnll bc amcnded as follorvs: 'fIIE B()ND PE\,\LTY SIIALL BII Decreased: I'RONI: One Nlillion Nine Ilundred Ninety Eicht Thousand Four Ilundrcd Sixtv l)ollars ard 7ll 100 ($ 1.998.i160.71) 'l'he Decrease of said bond penalty shall be effective as ofthe l5th day of December,2020. and does hercby agrec that the continuity of protcction under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of thc above mcntioncd bond shall not cxceed thc amount of liability assumed by it at the time the act and/or acts of default lrerc committcd and in !ro evcnt shall srrch liabilitv be cumulative. Signed, sealed and dated this 15!b dav of December, 2020. PtU\( tP \t. l|\ Arch Insurancc ComDarry SURETY Joshun srnlbrd. \ I I OR\1.) -l\-l \( I ,ht 19lt OO lhsd TO: Ouc Nlillion Two Hundred Fifty Sir Thousard Five Hundred Fortv Seyen Dollars and 2ll100 ($ 1.256.5,17.21) Tavlor Nlorrison of l lorida. Inc- Page 1080 of 7924 Arc 0000322513 Thit Pon t ol ATonct liairt,h. ..8 oI tr@r. r.D.a ha.ir, .rd,hcf, h.v. tl,.ruhorirf b U rh. Cor.ptty 6.cpt h li. E.r*t .tl b ,h. .uail Lr.ii ,,rr.d Not dU tot Not , Inar, Iana ol ct.t L Ct r. cf R.b, ,r/tr'!t Rr,r o, taid.tdtl ytla. Catn,tk & POWER OF ATTORNEY KDoi All P.ior. By Tt6. Pr...!t!: Thrt rhc Arch In ur.nc. Comp.ry, : corpor.lion orginiz.d .nd cristing und6lfic hw' oflhc S.lc of Missun, h.vu8 its pnncip.l a&ninrstntivc ofiicc in JcrEcy City, N.w Jcrscy (hdcinlftd rcfd.d to 6 thc "Cotrp&y') docs h6.by .ppoht: AimG. R Pcro tr., ALrtr Apottolidl., B.th.ry Stcvctrrotr' Brcnd.r Flctchcr, Bry.r M. Crr6chi, C..rrdrr Br.z, Donr. M. Plt..t , f,ric Strbr, Jrcqr.llD. Ro.. Srt o, J.n.. Wrltht Jo.hur Srrror4 lbthryr Pyyor, MichclL A!r. McMrhor, NLhollt Trr.ctEo .nd Phlllp M. Knot r or H.rtford, CT (EACH) Any .nd all bond5, unddr.kinSr, ncogni?.nc6 and orh€r surcty obligrrions, h thc pcnal sum not crcccding Nin6v Million Dolhn (9{.000.000.00). This aulhority docs not pcrmir rhc s.mc obliSation to bc split into t*,o or moE bonds In ordcr to brinS cach such bord within rh. doll$ limit of authority as sct forih Th. .x6urron of su.h bond5, urdctukinSs, rc.-o8nianc6 rld orh€r surcty obliSltims i! pursuncc of rh.s. pr6cnls shrl b. rs bindirg upon thc srrd ComFny .. tully rnd .rlply to .ll inicflts and purpos6, !s ifthc s.nc h.d bc€n duly qr.cutcd and &knowlcdS.n by ils rEguhdy clcctcd officcN ar i6 pnncip.l adminisE rivc ofiicc in Jcrscy City, Ncw Jcrscy. This Powcr ofAromcy is cx.culcd by.uthoriry ofrcsolutions rdo?tcd by -n.ni6or.rs cons.at ofthc Board of DtEcro(s oflbc Cornprny oD Scptcrnbcr 15.2020,lflc snd ac.urrtc co?ics ofu,hich rtE hcrcin.fid sa fonh and rrc h.r.by cdrificd ro by thc und6si8ncd SccrErsy .s bcinS in tull forcc and ctrc.ll "VOTEIT, ftrt lhc C:tr..illn.rll of thc Bornd, thc Pr6idcnl, or tbc Exccutivc Vict Pr6idcDt, or rny S.xior Vicc Pr6id.nt, of 0E Surcty Busincs Divisiob, or ihcir appointc€s dcsign.icd in u,iring and fil.d wilh thc Sccrclary, or th. Sccrdrry shall hrvc thc powcr.nd authority lo rppoint agcnt! and anomcys'in-facl and to aulhorizc thcln subjcct to thc limitations scr fonh ir thcir rcspc.tiv. powcrs of attomcy, to accut. on bchalf of thc ComFry. and srbch thc sc:l of thc Comp.ny thcrcro, bonds, undcrbkings, r6ognizarc6 .nd othd surcly obligations obligarory in th. n tuft lhcrcof, rnd sny slrch officds of thc ComFry msy .ppoint agcnls for ecccpr.ncc of This Powd of Attorn.y is sign.d, s@l.d sd ccnif.d by facsirnilc undcr i by authority of Gc following rcsolulor .dopl€d by thc unmimous consot of thc Bo.rd of Diretors of thc Corpany otr Scptcrnbcr t5, 2020: VOTED, Th.t th. signalurc offi. Chainn$ oflhc Boed tlc Pr6idcnr or ll|c Exccutivc Vicc Pr6idcn! or.ny Scnior Vicc Pr6ido! ofthc SuEty Busincis Division. o. thcir.Fointc6 dcsignsicd iD *Tiiin8 and fil.d wirh thc Sccrct ry, lnd thc signrtur. ofGc Sccrcrrry, thc sql oflhc Comp.ny, md cdtification! by lrl. Serctary, may bc sfiixcd by facsimilc on any powcr of srbmcy or bond cxccukd purslrrl|t to dlc rcsolution rdoptcd by th. Bosrd of Dir..lo6 on Scptcmbcr 15, 2020, .nd any such powcr so cxccur€d, sc{lcd srd ccnificd wirh rcspcct to any bond or undcrllking to which it i! att chcd, shlll continu. to bc valid and binding upon lhc Company. Ir T.rtimon, Wh.r.of, tbc Company has cluscd 6is instrumcat to bc siSnd aDd its corpont s.rl to b. affixcd by thcr.utlorizcd officcrs, this glgljLt of SfD!!!&lI, 2.02! Atl.sled rnd ('.rtifi.d Arch In.ur.nc9 Comprny A I, Mich€l€ Tripodi, a Notary Public, do hcrcby certiry that R€gan A. shulman and Richard Stock pcrsonally known to me to bc the same pcrsons whosc nam€s arc rcspccdvely a Sccrc(ary and Exccu.ivc Vic< Prcsidcnt of th. AJlh Insumce Company, a CorpoEtroD org&iz.d snd existinS und€r tbc laws of the S(ar. of Missoun, subrcnbcd to thc for.goinS instnrmor, app.e.d b.forc m. this day in pcr$n and sclcElly ackno\ 1.dg.d thsr th.y being thd.unro duly authoriz.d si8n.d. s.alcd lrlth thc corporatc scal and dc|vcrcd thc said instmmcnr as fic frcc and volunkry act of sard corpor.tion and as rhcir own ftc. and voluntary acrs for lhc uscs and purposcs Regan A. Shulman, Secretary STATI OF PIINNS}'LY,{\IA SS COU\TY OF PlIILADf,LPIIIA SS Richard Stock, Executive Vice President 1;- Michclc Tnpodi. Nobry Public My corffnission cxpircs 07/ll/2021 CERTIFICATION I. R.grn A. SLullnrr , Sccrcr.ry ofthc Arch Insurnc. Cornpaoy, do h€rcby cdtiry thar rhc atrrch.d Poxcr of AtroltrcA 'lrtd StUEgDtLlqL!!2! on bchalf ofth! psrson(s) as list d .bovc is . lluc rnd concct copy aDd lhll thc samc h.s bctn h tull forcc and cfi€cl sincc lh. drc lhcr.of.nd is in tull forcc rEd cffccr on th! datc of this cctificalc; lnd I do turrhcr ccnify thrl lfic srid tuch{d Slocl. who cxc.utld thc Powcr ofAnomcy e! Exccurivc Vicc Prcsidcn! wis on th. darc ofcxccurron ofrhc ,ti.chcd Pow6 of Aromcy $c duly cl.crci Exccutivc Vicc Pr6idcnt ofthc Arch Insurancc Comprny. lN JESTIMONV wHEREOF, I hrv< h<Eunro subscribcd my namc and affixcd rhc corpoEtc s.sl of2014.rh. Arch Insunncc compa,y * u,i" dLv "r_lDr<rtz,A.qD-* Reg an A. Shulman, Secretary Th's Po*d of Artomcy limit! thc acts ofthosc n mcd thacin to thc bonds and undcnakings spccificrlly nam.d lhGin rnd thcy havc no auth cxccpl in Gc maMd dd to thc cxlcnt hmiD it rcd. PLEASf, SENII ALL CLAIM INQUIRIES Rf,LATING TO THIS BOND TO THE FOLLOWNG ADDRESS: Arch Inrurrncc - Surety Irvitior 3 P.rlcry, Suir. 15fl) PhiLddpti., PA 19102 nd thc C To vdily the oudEnticiay ol 'i,is hwat d Attd7,?t, pt @.orltoct A,tctt h6worcc Co,rpory or Sl'etyAuth€nd.@archi qrtrua^lt tlatlttt C€ lbrurl bTrlr{ tarl{llu lm. 16{r, ,v!lt Clr C rad!.r., ,ir. @rr,f (dEr lr*. rtt !l, l8l qri:tt ta ran t',t lblouri Pbose rda 6 h. obr€ tpnEd Aawneflh-Fea orld tb detu sc,arEbod'ow ch tlE polret b otffi, Printed in U.S.AArcPoA040120 Page 1081 of 7924 C-Otmty Grotilth Management Department Development Review Division April 9, 2023 Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by 5513,17 4.75, leaving an available surety of 5743,372.46 The remaining surety represents 5186,503.00 in uncompleted improvements, plus the 10% maintenance security of sss6,869.46. An original Bond Rider should be submitted to this office reducing the value of the security, "all other terms and conditions of the original Performance Bond to remain in full force and effect". This reduction will become effective upon our receipt of the original Rider. lf I can be of any further assistance to you in this regard, please let me know. lottN HoaaswoRtH John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Jeremy Arnold, PE, Waldrop Engineerlng From S1,255,547.21 To 5743,372.46 DerebFn€rt Re{ie'r, oM*n. 2800 Nah Horse$e Ddve . th*s, Hdila 34104 , Z*if,2_24fi . u w.cotiElovnd Arch lnsurance Company Harborside 3, 210 Hudson St., Suite 300 Jersey Clty, NJ. 07311-1107 RE: Performance Bond No. SUIL62243 /Taylor Morrison Bella Tesoro at Esplanade by the lslands - P120190001408 Sincerely, Page 1082 of 7924 DECREASE PENATTY RIDER To be attached and form a part of Bond No. SU1152243 dated the 27rh Day of January, 2020, executed by Arch lnsurance Company as surety, on behalf of Taylor Morrison of Florida ,lnc. as current principal of record, and in favor of Collier County, Florida, as Obligee for Bella Tesoro an Esplanade Communi - Phase 1; Site development (entire phase )- Performance Bond, and in the amount of One Million Two Hundred Fift y Six Thousand Five Hundred Forty Seven Dollars and ln consideration of the agreed premium charged for this bond, it is understood and agreed that Arch lnsurance Company hereby consents that effective from the 9th Da y oi April, 2023, said bond shall be amended as follows: THE BOND PENALTY SHALL 8E DECREASED: FROM:One Million Two Hundred Fifty Six Thousand Five Hundred Forty Seven Dollars and 21/100 TO: Seven Hundred Forty Three Thousand Three Hundred Seventy Two Dollars and 46/100 Signed, sealed and dated this 11th oay of April, 2023 Taylor Morrison of Florida, lnc. PRINCIPAL BY Arch lnsurance Company SURETY BY art, ATTORN EY-lN-FACT THE ABOVE BOND IS HEREBY AGREED TO AND ACCEPTED BY: Collier County, Florida OBLIGEE BY BOND AMOUNT 57,256,547.27 BOND NO. SU 1 162243 zLl7Oo 151,2s6,s47 .2tl . (5r,2s6,s47.zLl| 157 43,372.461 The DECREASE of said bond penalty shall be effective as of the 9th Day of April, 2023, and does hereby agree that the continuity of protection under said bond sub.ject 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. TITLE Page 1083 of 7924 Atc 0000381684 This Power of Attome! limits thc acllls of those named hercin, o,rd they have no authority to bin.t thc Company eyept in the manner and to the extent herein stoted-*ol valid fot Note, Loon, Letter ol Crcdit, Cunenc), Rote, Interest Rdte or Residential Value Guarantees- Know All persons By Thele presents: PowER oF AT'I'oRn-El' That the Arch lnsurancc Clompany. a corporation organizctl and cxisting under the laws olthe Statc ofMissouri. having its principal administrarive oIlice in Jr-rsey City. New Jersey (hereinalier rcferred to as thc "Company") docs hereby appoinr: Aimee R. Perondine, Alexis Apostolidis, Amrnda Pierina D'Angelo, Bethany Stevcnson, Brendan l'letcher, Bryen M. ('aneschi. ('essandra Brez, Donne M, Planeta, Eric Strbr. (;entry Stew.rt Jecqueline Rose Susco. Jennifer Gril C,orlere, Joshua Sanford, Kethryn Pryor. Kristopher Pisrno, Melissr J. Strnton, Michelle Anne McMehon. Nicholes Turecamo and Rebecce M Josephson of Hertford, CT (f,ACH) ils lrre and lawful Attorncy(s)in-Fact. to make. cxccute, seal. and deliver from thc datc ofissuance ofthis prwsr For and on its bchalfas surcty, and as its act and deed: Any and all bonds. undertakings. rcognizances and olhcr surety obligations, in the penal sum not exceeding Ninetv Million Dollars (590.000.000.00). This authority does not pcnnit thc same obligation to bc split into two or nrore bonds In order to bring each such bond within rhe dollar limit ol'authoriry as sct tbrrh herein. The cxecution of such bonds. undcrtakings. recognizanccs and othcr surcty obligations in pursuancc of thcsc presents shall bc as binding upon the said Conrpany as fully and amply to all intents and purposes. as ifthc samc had bcen duly erccuted and acknowlcdged by its regularly elected officers at its principal administrarire oflicc in Jersey (iiry. New Jusey. This Powcr of Anorncy is cxecuted by authority ofresolutions adopted by unanimous consnt ofthe Bmrd ofDircctors o[thc Company on December 10. 20]0, ruc and accurate copies oiwhich are hcrc'inallcr set fonh and are hercby ccnificd to by lhe undersigned S(retary as being in full force and cflLrt:*VOTED. That the Chairrnan of thc Board. thc Prcsidcnt. or thc Exccutivc Vice Prr'sident. or any Scnior Vrce ftcsident. of thc Surct-v l]usiness Division, or thcir appointecs designated in writing and filed with the Secretary, or the Secrctary shall have thc power and authority lo appoint agents and aflorneys-in-l'act. and to authorize them subiect to thc limitations *.-t lbrth in thcir respectivc fnwcrs ofatorncy, to cxccule on behalfofthc Company, and attach the scal ofthe Company' acccptance of process." This Powcr of Anorncy is signed. sqalc{ and certrlied bv fircsimilc under and b1.' audrority ofthe tbllowing resolution adopted by the unaninrous conscnt ofthc lloard of Dircclors of thc Company on Dcccmber 10. 102(): VO'I'CD, That thc signature of the Clhairman of the Bmrd. the President, or the f.xccutive Vice Presidcnt. or any Senior Vrce Prcsident. of the Suray Business Division, or their appointecs designated in writing and tiled uith the Secretary. and the signature ofthe Sccretary. the scal ofthc Company. and cerrifietions by the Secrelary. may be affixed by lacsirnile on any power ofaltorney or bond executed pursuant to the resolution adopted by the tsoard ofDireclors on December 10.20]0. and any such powcr so exe{uted, scalcd and certilied with respecl to any bond or undertaking to which it is attachcd, shall continue to bc valid and binding upon thc Company- ln 'l'tstimonr Whereof, the Company of September. 2022. Atlested and (lertilied has causcd this instrumrrrt to be and its corporatc seal to be aflixcd by their authoriz.ed ofticcrs. this lSth da1- .\rch lnsurance ('ompanv A.qL^-trr/h,U*.* Regan'Shulman. Secrctary Stcphen ( . Ruschak. l:xccutivc Vice Prcsidcnt st,\'l t. ol Pt.\\s\ l.\ \\1\ ss ('ot t\I \' ol PlIlt.AI)t.t.Plil,\ ss t. Michele -l'ripodi, a Notary Public. do hrchy certity that Regan A. Shulrnan and Stephcn C. Ruschak pcrsonallv known to mc to *L the sms pcrmns whosc namcs are rcspcclively as Secrctary and Erccutivc Vicc Presidcnt olthc Arch lnsurancc Clompany. a Corporation organized and cxisting unds thc laws ofthc State of scalerl with thc corporate purposes therein set forth. scal and dclivercd thc said instrumcnt as the liec and loluntary act ofsaid corporation and as th€rr own lice and voluntary s lbr thc uscs and -l; N,lic \l;-' comnrission crpircs 07 -11 3()25 C:ERTIFIC;\TIoN l. Rcgan A. Shulmen, Sccrctary ofthc Arch lnsurancc ( ompanv. do hmcby certily that the attachcd Po*er ofAttorney drted Seotember 15.2022 on bchall'ofthe pcr$n(s) as listcd abovc is a truc and corrcct copy and that thc gmc has bccn in ful| lbrcc and ctf'cct sincc thc datc thcrcofand is in full tbrcc and cllcct on thc date ol' ofthc attachcd Powcr ofAttorncy the duly clcctcd Exccutivc Vicc Prcsidcnt ofthc Arch lnsurancc ('ompany. , .th ^ oo , tlI TtrS.tlllOli\' \t'HER[:0]. I ha\c hLTcunto subscribr'd m] nrnrc rnd utfixcd lhc c(rrFrrutc scal ot thc ,\reh In:urancc ('ompany un this!-L dey oflit\t!L-.20 > n .A.g)i.^-/Ur- R"ffi A Slxrl,x""*s"*Lry This Power ol'Attomcy limits the acts oflhosc named thcrcin to thc bonds and undcrtakings spcci lically namcd therein and thcy har c no to bind thc ( ompanr cxccpt in thc nranncr and t() thc ertcnt hercin statr'd. pt.EAs}i st_\D Al-1. ('t.Al]t tNQt'tRt]:s R[;t.ATtr(;'t o'ilils ao\D To iltt. ]oI.L0\] l\(i ADI)RI SS: lrch tnsurrnce - Surrtl Division 3 Prrk*a1-, Suite 1500 Philadelphia, PA 19102 lo verily tle outhenticity o, thb Power of Attotrpy, pbose contad Arch lnsuronce Compny ot Plcasc rcler to thc obovc namcd Attoney-ln-Foct otd tllc detolls ol tl* bnd to whlch tlr pwet ls ottoclnd. CorffiUCrInqtfla.rlrrt d rlrHg"l IrFool, tur,y^,Uk PtaldloagCcrI l|Catr.t$dor llr.lr ffy lt. ?0!Cdn&tE rtl6&A (Irrtrr^rt rt^tlrn lbroul (Irt,o*$f rt^l r1m Itsrord AtcPoA040120 Printed in U.S.A. Page 1084 of 7924 RESOLT]TION NO.25. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN BELLA TESORO, AN ESPLANADE COMMUNITY _ PHASE I, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 67, PAGES 32 THROUGH 5{, AND RELEASE OF THE MAINTENANCE SECURITY. 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 (Cotlier 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 ofsaid facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLTNTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA. that final acceptance is hereby granted for those roadway and drainage improvements and plat dedications in Bella Tesoro, An Esplanade Community - Phase 1, pursuant to the plat thereof recorded in Plat Book 67 , pages 32 through 54, and the Clerk is hereby authorized to release the maintenance security. BE IT FIIRTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Bella Tesoro, An Esplanade Community - Phase I 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 tegality: Derek D. Perry Assistant County Attomey [25-EIS-05 I 7 l/1937399/l] 2025. BOARD OF COUNTY COMMISSIONERS COLLIER COL-INTY. FLORIDA By: Burt L. Saunders, Chairman Page I of I WHEREAS, the Board of County Commissioners of Collier County, Florida, on January 14,2020, approved the plat of Bella Tesoro, An Esplanade Community - Phase 1 for recording; and CAr, Page 1085 of 7924 Page 1086 of 7924 Page 1087 of 7924 Page 1088 of 7924 Page 1089 of 7924 Page 1090 of 7924 Page 1091 of 7924 Page 1092 of 7924 Page 1093 of 7924 Page 1094 of 7924 Page 1095 of 7924 Page 1096 of 7924 Page 1097 of 7924 Page 1098 of 7924 Page 1099 of 7924 Page 1100 of 7924 Page 1101 of 7924 Page 1102 of 7924 Page 1103 of 7924 Page 1104 of 7924 Page 1105 of 7924 Page 1106 of 7924 Page 1107 of 7924 Page 1108 of 7924