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Backup Documents 07/08/2014 Item #16A 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP1 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing,lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office ‘C/DI"( 4. BCC Office Board of County Commissioners \/ ( 10\24\l4\ 5. Minutes and Records Clerk of Court's Office l Y140 _ w Zell- PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in a event one of the addressees above,may need to contact staff for additio al or missing information. Name of Primary Staff John Houldswo Phone Number x-5757 Contact/ Department Agenda Date Item was July 8,2014 Agenda Item Number 16-A6 Approved by the BCC Type of Document Plat - Palazzo at Naples Number of Original One Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 8,2014 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t e Chairman's signature. I:Forms/County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9,03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners �� loI V1. 5. Minutes and Records Clerk of Court's Office • PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in th event one of the addressees above,may need to contact staff for additions or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was July 8,2014 Agenda Item Number 16-A6 Approved by the BCC Type of Document Construction and Maintenance Agreement Number of Original Two Attached and.Performance Bond - Palazzo at Naples Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's thC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on July 8,2014 and all changes made during the meeting have been incorporated in the attached document. The County o, Attorney's Office has reviewed the changes,if applicable. t . 9. Initials of attorney verifying that the attached document is the version approved by the T7 BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. _ I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1646 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 6 day of October , 20 14 between Toll FL III Limited 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 a certain plat of a subdivision to be known as: MLA 2L P 1 +.►' 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&sewer Improvements within 24 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$ 1,801,678.45 which amount represents 10%of the total contract cost to complete construction plus 100%of the estimate 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 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 16A6 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 Collier County 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. 7. Six(6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee.The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements.The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids,the improvements required herein.The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs,together with any damages,either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 16A6 IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this `E' ilt day of C) C-1-Q b /2. , 20 1i SIGNED IN THE PRESENCE OF: (Name of E' of 0/f/4/`-- )11j44 /\-4A-1--__ By: A i ■.._ '67' Printed name CharAndersof Printed Name/Title (President,VP,or CEO) Provide Proper Evidence of Authority) Printed -me JayH e Y DONALD R. BARNES Vi ATTEST: DWIGHT E. b. .)GIC, CLERK• '. ' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN FLORIDA i v By� 4nan's ty erAg TOM HENNING, CHAIRMAN Min aeiily. Approved as to form and legality: --ik-C----k-"— Scott A. Stone, Assistant County Attorney 16A _ 6 PPl_'PI_2G.t300102 119 REV: 2 IPAL.Ae:ZC)AT NAPLES DATE.:3/13/14 DUE: 4/10/14 i BONDIN 4E'E OCE55•(EncludiRg Both Previouslyy Constructed andl Proposed s Improvements) ; ,�I., vic 'n :....;if!,.,, :FOR 5; P&LrAZZ()A.'T :��AP: .,E S 1 LI J u Prepared by: iii!�� G�r'adl;5Ti�l:iina►,r 1111 Grit I�In ,inee:rs. ' Lc �'urveyors �' E'il��runcrs La pe;Architects Q.G'RADY MINOR& ASSC)C;:[_A TES,:P.A,. CF,ItTIFIC;.A"TE OF AUTHORIZ,A.TION I El 00051.51 3800 Via Del Re)' Bonita Springs,Florida_34l_3<I (2_3'))947-1 1.44 a°1 (ii 111/////4/e, ;r :�� / , 1;5-12'4 _ 13'/ \� ,'? 1 ' '•itt ,3 strATt rF: � ����.111��E Florida Ii ''rt 11�►�1l.:: � �g G:\En;;in:cri�g�F'RQ-E:VG\T\TBPZDD104I)1)%03Rpu-Corr\Enginof;rs Cost Estimate Coyer Pal; e-Plat.doc:e 1 6 Age 1 36 • Palazzo at Naples Engineer;Cost Estimate For Bonding Process(Including Both Previously Constructed and Proposed Improvements) Updated March 2,2014 Potable Water Distribution System 8"PVC Main(C-900,DR 14) LI= 395 - $19.00 $7,505.00 8"PVC Main(C-900,DR 18) LI: 75 $26.00 $1,950.00 12"PVC Main(C-900,DR 14) LI= 45 $38.00 $1,710.00 8"Gate Wive with E3ox EA 2 $1,280.00 $2,560.00 10"Gate Valve with Box EA 2 $1,890.00 $3,780.00 12"Gate Valve with Box EA 1 $2,600.00 $2,600.00 Fire Hydrant Assembly EA 7 $3,850.00 $26,950.00 Single Water Service(New) EA 17 $560.00 $9,520.00 Double Water Service(New) E,A 34 $580.00 $19,720.00 Plug Unused Service EA 68 $500.00 $34,000.00 Plug F re Hydrant Tees EA 15 $500.00 $7,500.00 Tempo 'Blow Off EA 2 $680.00 $1,760.00 8"Hot Tap,Gate Valve&Connect to Exist Main EA 1 $5,500.00 $5,500.00 Testing,Cilorination&Sample Points LS 1 $4,600.00 $4,800.00 Subtotal $129,855.00 Street.12hts Street Lights EA 16 $3,250.00 $52,000.00 Subtotal $52,000.00 Landscape! Landscape and Irrigation: Required landscape along boundary includes required trees,hedge row„irrigation„sod and mulch,per linear foot of buffer. Li: 4,600 $31.00 $142,600.00 Subtotal $142,600.00 TOTAL Grand Total $1,637,889.50 , • 16 A PE ge 16 • Palazzo at Naples Engineers Cost Estimate For Bonding Process(Including Both Previously Constructed and Proposed Improvements) Updated March 2,2014 Storm Drainage 15"RCP LF 470 $22.50 $10,575.00 18"RCP LF 771) $28.00 $21,560.00 24"RCP LF 605 $38.50 $23,292.50 30"RCP LF 610 $49.00 $29,890.00 42"RCP LF 20 $65.00 $1,300.00 Remove RCP LS 1 $5000.00 $5,000.00 Remove HDPE/Yard Drains LS 1 $2.500.001- $2,500.00 Throat Inlet Type I(On Entry Drive) EA. 2 $2.290.00 $4,580.00 -.- Modify Existing Catch Basin E,A. 3 $2.500.00 $7,500.00 Valley Gutter Inlet EA 15 $3 150.00 $47,250.00 _ Type C Inlet EA 4 $1.990.00 $7,960.00 Type E Inlet EA. 1 $2.400.00 $2,400.00 Junction Box Type C E,A 4 $2.210.00 $8,840.00 Junction Box Type E E,A 2 $2,520.00 $5,040.00 Yard Drair Inlet E,A. 18 $730.00 $13,140.00 12"Yard Drain Pipe LF 1990. $16.00 $31,840.00 Curb Inlet Protection(Inlet log or Approved Equal) EA 16 $75.00 $1,200.00 Filter sacks(RA Moore Drop Inlet Sack or approved equal) E.A 6 $105.00 $630.00 Subtotal $224,497.50 Previously Constructed Sanitary Sewer System r Class 2)0 PVC Main(C-900) LF 2.585 $15.20 $39,292.00 Manhole 4'Diameter(0-13') EA 5 $4,350.00 $21,750.00 Manhole 4'Diameter(6-8') EA 5 $3,500.00 $17,500.00 LE 2.585 $15.00 $38,775.00 Subtotal $117,317.00 Sanitary sewer Sxstem 8"Gravity PVC-SDR 26(0-6'Cut) LI= 470 $15.20 $7,144.00 Manhole 4'Diameter(0-6') EA 2 $:3,460.00 $6,920.00 Manhole 4'Diameter(6-3') EA 1 54,350.00 $4,350.00 Short emi Dewater LS 1 $3,500.00 $3,500.00 6" Siniltand Double Service(New) EA 44 $740.00 $32,560.00 Cap Unused Laterais EA 28 $500.00 $14,000.00 Cut in New Laterals EA 44 $500.00 $22,000.00 Television Inspection LI= 3,075 $3.00 $9,225.00 4"PVC Force Main(C900,DR 18) LI= 48 $15.00 $720.00 • Pump Station(Includes Electric to Transformer)Complete EA 1 S25,000.00 $25,000.00 Fence and Gate for Pump Station LS 1 54,390.00 $4,390.00 Subtotal $129,809.00 Previously Constructed Potable Water Distribution System 8"Class 200 PVC Main(C-900) LI= 120 $19.00 $2,280.00 10"Class 200 PVC Main(C-900) 1_1= 1,750 $26.00 $45,500.00 12"Class 200 PVC Main(C-900) LI= 1,615 $38.00. $61,370.00 10"Gate Valve with Box EA 2 61,890.00 $3,780.00 12"Gate Valve with Box EA 4 $2,600.00 $10,400.00 Subtotal $123,330.00 . . . . , ' . ' • 16A6 Pge1 z . Palazzo at Naples � ' Engineers Cost Estimate For Bonding Process.(Including Both Previously Constructed and Proposed Improvements) Updated March 2,2014 -- ---DESCRIPTION UNIT-----�-------- TOTAL -- ------------------------ ------------- General Conditions -------- ---------- Silt Feioo LF 4,600 $1.00 *4.600.00 Cunotructi�nEn�nanc�rr�*�g LCon�x�| E� 2 $2UOU.00 $4.000.00 --- ------------ ----- ----- -------- Gonom|Muin�nonp� LS 1 $V�VO��O $6.500.00 Emuio`C'`ou�|NPOE8Maint�nance ��/ 6 $300.00 $1.800.00 Demolition � $8�O0.00 *8.500.00 Modify Irrigation for the addition of LS1 $750.00 $750.00 Clean Up,Sod and Testin for the a�d|Uonof�oRiVwTumLana L8 � $400.00 $400.00 MOT for the addition of the Right Turn Lane LS 1 $750.00 $750.00 ne|ocaeEx�dngLgh ple o,mooudumnuf�hoR�ht Tun Lane EA 1 500.00 $2,500.00 _Subtotal� $29.800.00 Earthwork Top Strip AC 21 $500.00 $10.500.00 Off-Guafi I Cv 7.0o0 $12.00 $84.000.00 Fine Grading Pads 8,Lots S, 42,600 $0.35 $14.e10.00 Fine Grade Swales SY :3,840 $1.00 $3.840.00 Fine Grade General SY 21���l *1.00 $21.*80.00 Final Se�7���ndFumn��ase Araa*vinc|oa�rgn6���00#need+3OV# ---- -'-- fertilizer per ACS l Mi AC 12.6 $1.4OO.VV $17,640.00 • Subtvto/ $152.370.00 Roadway ------------ - 1o''Compacted aag,ode(stabilized nn,quiredL Sy 10.800 $2.00 8"Limerock Base(Compacted and Primed) Sy9.575 $8.00 $76.600.00 B-12.5 Base zy $25.00 $5,500.00 u''Asphalt n Surface Type SP'1a5 Tm2g $150.00 3/4"Asphaltic Concrete Type S'm(1ntLift) SY 3,060 $4.50 $36.270.00 Valley Gutter LI: 6,230 $7.60 Type"A"Curb LI: _ 325 $13.00 $4.225.00 Type F Curb and Gutte LI: 160 $8.00 $1.280.00 � 3'vao,y�um � � Cutter � 100 �� 00----- $2.700.00 Intersection Curb 1_I= 470 $17.00 $7.990.00 /! 5'Concrete Sidewalk -__-__- --__-__-___-_ ----SF 18'89 o $3.00-- $58' o8oOO 6'Concrete Gu d opa|^ SF 870 $3.00 Handicap Curb Ramps-All TyIes Including Detectable Warning Strip EA 14 $550.00 $7.700.00 Signing(Taffic control,decorative pole or frame) LS $9,000.00 Paverr ent Markings for First and Second Lift.Asphalt LS $3.355.00 $3.255.00 Concrete Driveway F�np��Unn SF 360 *520 $1.872.00 --' -----' --------- Bahia Sod(10'Wide from Back of Curb) SY _ 7,445 $1.80 $13,401.00 aw^Asphalt u d Lift SY o.msn -------- --- ---- $4.75 $38,285.00 Subtotal $3*0.271.00 Previousl' Constructed Storm Drainage 18^RCP �F 505 �2���V $14.140.00 54^RCP LF 20 �13O.JO $2.600.00 --'------------' --------- ---------------'-----' --- 60^RC1P LF 160 $180.00,____ *28.800.00 84^RCP LF 395 $25O�O $98.750.00 VuUeyGma,|n|e� EA 5 S3.1o0�0O $15.750.00 --' --------- --------------- ---- ------' ExinUnn 2ainogeCotchBosin/Junction Boxes EA 6 36,000.00 Subtotal $196.0*0.00 16A 6 CERTIFICATE OF GENERAL PARTNER I, Kenneth J. Greenspan, Vice President and Assistant Secretary of Toll FL GP Corp., a Florida corporation (the "Corporation"), do hereby certify and confirm that: 1. The Corporation is the general partner (the "General Partner") of the limited partnerships listed on Exhibit A attached hereto (collectively,the"Partnerships"), and as General Partner is authorized to make decisions and act on behalf of the Partnerships. 2. The following officers are duly appointed to the offices next to their names and each of them is individually authorized, empowered and directed, for and on behalf of the Corporation in its capacity as General Partner of the Partnerships,to execute and deliver any performance agreement, bond, escrow agreement, permit application, license application, deed, record plat and any and all ancillary documents which may be required by various governmental municipalities and agencies, and any agreement, deed or document with respect to the sale or conveyance of individual homes, lots or units owned by the Partnerships, upon such terms and conditions as they deem appropriate and in the best interest of the Corporation and the Partnerships: Robert Parahus Regional President Kenneth S. Thirtyacre Division President Gregory S.Netro Division President Steven Merten Division Vice President Fredrick Pfister Division Vice President Andre Vidrine Division Vice President Michael I. Snyder Senior Vice President& Secretary Donald R. Barnes Vice President Kathryn L. Gaffney Vice President James Manners Vice President IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation this 26th day of Septembe 114. Kenn- . reenspan Vice President and Assistant Secretary 16A 6 EXHIBIT A Binks Estates Limited Partnership TBI/Naples Limited Partnership TBI/Pahn Beach Limited Partnership Toll East Naples Limited Partnership Toll Estero Limited Partnership Toll FL Limited Partnership Toll FL II Limited Partnership Toll FL III Limited Partnership Toll FL IV Limited Partnership Toll FL V Limited Partnership Toll FL VI Limited Partnership Toll FL VII Limited Partnership Toll FL VIII Limited Partnership Toll FL X Limited Partnership Toll FL XI Limited Partnership Toll FL XII Limited Partnership Toll Ft. Myers Limited Partnership Toll Jacksonville Limited Partnership Toll Livingston at Naples Limited Partnership Toll Orlando Limited Partnership 16A 6 PERFORMANCE BOND BOND NO. 82383560 KNOW ALL PERSONS BY THESE PRESENTS: that Toll FL III Limited Partnership (Name of Owner) 250 Gibraltar Road (Address of Owner) Horsham, PA 19044 (Address of Owner) (Hereinafter referred to as"Owner") and Federal Insurance Company (Name of Surety) 1600 JFK Boulevard (Address of Surety) Philadelphia, PA 19103 (Address of Surety) 251-981-8211 (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 Mallon Flynt Hundred One Sot Hundred Seventy liynt and 45/100 Dollars ($1,801,678.45 ) 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 Palazzo at Naples and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific 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 16A 6 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 — - . av- caused this PERFORMANCE BOND to be executed this 29 TH day of 2 ' �' • • I and Fourteen WITNESSES: (Owner Na 4,',' oration) Toll _III Limited Partnership g/' By: Nib • BARNES Printed Name Printed Name/Title Y1P 9,,,i0)11- (Provide Proper Evidence of Authority) Pri�te Name" ,y<-,i Gi &A/ill 11f' ACKNOWLEDGEMENT STATE OF Flo COUNTY OF PLi, &PdZlc- THE FOREGOING P RFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 0115t- / v , 20 /SA" , by DONALD R. BARNES (NAME OF ACKNOWLEDGER) AS Vp (TITLE) OF (NAME OF COMPANY) WHO IS PERSON LLY KNOW TO ME, OR HAS PRODUCED pen :VW-119 KA0644, AS IDENTIFICATION. �� Notary Public-State of (SEAL) P' CHARLENE ANDERSON I MY COMMISSION N EE223913 '�,> 0, EXPIRES:Seplaeba 2R,2016 Printed Name .e."C_ ' e ' •r IT,NESSES: (Surety Name a Titlp-if Cor ation) 'e.-ral Insurance Company Lois E. Eshleman-Witness c By. /�i Printed Name Printed Name/Title William F. Simkiss Attorney-in-Fact and Florida Non Resident Agent (Provide Proper Evidence of Authority) Printed Name see Power of Attorney attached ACKNOWLEDGEMENT STATE OF PA COUNTY OF CHESTER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 29 TH / SEPTEMBE5t , 20 14 ,. by William F Simkiss (NAME OF ACKNOWLEDGER) ASAttorney-in-Fac(TITLE) OF Fed IRA uri51fre EBrl aJY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED personally known to me AS IDENTIFICATION. Notary .ublic-State o PA (S COMMONWgALT�QF PENNSYLVANIA '� NOTARIAL SEAL J ARLENE OSTROFF,No Public =-ti 'j'Tx , -... vMAtlown Twp.,Cher Printed Name Arler}h Ostroff- otary Public My 1,^,p sips Expires December 3,2016 16A 6 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 CHUBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Brian C. Block, Richard J. Decker, Daniel P. Dunigan, James L. Hahn, Joseph W. Kolok, Jr., and William F. Simkiss of Paoli, Pennsylvania-- --- ----- �� �, each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to affix their corporate seats to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than ball bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to In said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPWY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7 day of July, 2014. - (/'----.H." /z......—..z......—....i .! .// / Ti a M.Hawkins,A tant •ecre.'ry 0:• • B.Norris,Jr..Vice Presi., (*)•noun► �),!;4'' **or .y � , STATE OF NEW JERSEY ss. County of Somerset On this 7th day of July, 2014 before me, a Notary Public of New Jersey,personally came Tina M.Hawkins,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Tina M.Hawkins,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that she is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies:and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David 8.Norris,Jr.,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal Ot c�.Rs CJ.4 _�' KATHER{NE J.ADEL AAR 1 Z6 - 140TARY ; NOTARY PUBLIC OF N F JERSEY 2 :;;;;i_(;;/' °--Cf PUBLIC Commission Expires July 16,2019 Notary Public 4 ..L.c ' CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Voce President or an Assistant Vice President.jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President any Assistant Vice President,any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I,Tina M Hawkins,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies') do hereby certify that (r) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U S. Treasury Departmerll further, Federal and Vigilant are licensed in the U.S. Virgin Islands.and Federal is licensed in American Samoa,Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seats of said Companies at Warren,NJ this 29TH DAY OF SEPTEMBER, 2014 (*(ii ,..:7'," ::A ficl) // 4..Jrir if Tina M.Ha ins,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM.VERIFY THE AUTHENTICITY OF THIS BONO OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS L_____ LISTED ABOVE,OR BY Teleprone(90e)903-3493_.. Fax(908903_36_6 email: w-tya■ehab5 corn Form 15-10-0225B-U GEN CONSENT(rev 02.141 16A 6 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2013 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ 352,393 Outstanding Losses and Loss Expenses $ 12,129,450 United States Government, State and Unearned Premiums 3,504,583 Municipal Bonds 9,295,185 Ceded Reinsurance Premiums Payable 338,026 Other Bonds 5,535,360 Provision for Reinsurance 61,351 Stocks 1,000,938 Other Liabilities 986,628 Other Invested Assets 1,452,598 TOTAL INVESTMENTS 17,636,474 TOTAL LIABILITIES 17,020,038 Investments in Affiliates: Chubb Investment Holdings, Inc. 3,364,996 Capital Stock 20,980 Pacific Indemnity Company 2,771,422 Paid-In Surplus 3,106,809 Executive Risk Indemnity Inc 1,218,625 Unassigned Funds 11,613,523 Chubb Insurance Investment Holdings Ltd.... 1,111,941 CC Canada Holdings Ltd 629,592 Great Northern Insurance Company 478,838 SURPLUS TO POLICYHOLDERS 14,741,312 Chubb Insurance Company of Australia Ltd. 449,419 Chubb European Investment Holdings SLP.. 281,312 Vigilant Insurance Company 264,883 Other Affiliates 472,259 Premiums Receivable 1,586,676 Other Assets 1,494,913 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS $ 31,761,350 TO POLICYHOLDERS $ 31,761,350 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31, 2013, investments with a carrying value of$452,687,680 were deposited with government authorities as required by law. State,County&City of New York, — ss: Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31,2013 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2013. Subscribed and sworn to before me this March 11,2014. e AtttLI JEANETTE SHIPSEY Assistant Secretary ___._ _ _ Notary Public.State of New York Notary Public No.02SH5074142 Qualified in Nassau County _ __ _ Commission Expires March 10,2015 Form 15-10-0313A(Rev 3/14)