Loading...
Agenda 05/10/2016 Item #16A 65/10/2016 16.A.6. EXECUTIVE SUMMARY Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Arthrex Commerce Park Application Number PL20110000783, with the roadway and drainage improvements being privately maintained, authorizing the release of the maintenance security, and acceptance of the plat dedications. OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the improvements associated with the Arthrex Commerce Park plat, accept the plat dedications, and release the maintenance security in the amount of $120,586.85. CONSIDERATIONS: 1) On July 24, 2013, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Arthrex Commerce Park. 2) The roadway and drainage improvements will be maintained by the project's property - owners association. 3) The required improvements have been constructed in accordance with the Land Development Code. Staff have inspected the improvements and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code. A copy of the document is attached. 5) This project is within the Ave Maria SRA, which has been found to be in substantial compliance. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. The existing security in the amount of $120,586.85 will be released upon Board approval. The original security in the amount of $350,050.40 has been reduced to the current amount based on the previous work performed and completed and pursuant to the terms of the Construction and Maintenance Agreement dated April 26, 2012. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in Arthrex Commerce Park Application Number PL20110000783, and authorize; Packet Page -370- 5/10/201616.A.6. 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance security. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Construction & Maintenance agreement 3) Resolution Packet Page -371- 5/10/2016 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.6. Item Summary: Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Arthrex Commerce Park Application Number PI -20110000783, with the roadway and drainage improvements being privately maintained, authorizing the release of the maintenance security, and acceptance of the plat dedications. Meeting Date: 5/10/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Development Review 3/23/2016 7:00:23 AM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Development Review Date: 3/30/2016 9:08:01 AM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 3/30/2016 4:47:17 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 3/30/2016 4:48:06 PM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 4/7/2016 2:37:03 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 4/15/2016 11:02:42 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Packet Page -372- Date: 4/20/2016 4:09:02 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2016 5:03:12 PM 5/10/2016 16.A.6. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/22/2016 2:36:15 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/29/2016 3:39:45 PM Packet Page -373- LOCATION MAP ARTHREX COMMERCE PARK SITE MAP Cal O N O m m HENDRY COUNTY COLLIER COUNTY C.R. 846 PROJECT LEE COUNTY LOCATION COLLIER COUNTY i C.R. 858 m U n 1-75 S.R. 84 1+ ;ITY OF jy JAPLES QCi CD I W N V � I ui O1 GS � VI R7 O II C�RGLADES D� v DQdb��o p COWER COUNTY NONROE COUNTY LOCATION MAP ARTHREX COMMERCE PARK SITE MAP Cal O N O m m 5/10/2016 16.A.6. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MADn7ENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of4p_.1 L- ,2012 between _Ave Maria Developm= LLLP 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: AMMEX COMMERCE PARK 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: I. Developer will cause to be constructed: 1.200 LF of roadway and the supporting drainage infrastructure within 4 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 $ 350,050.40 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. Packet Page-375- 5/10/2016 16.A.6. 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 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. Packet Page -376- 5/10/2016 16.A.6. IN WTTNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this -2444) day of ,2012. SIGNED IN THE PRESENCE OF: By: Print Name By: Print Name Attest: DWIGHT E 81I,R)0QI4,CLW N. U By: A��• Assistant County Attorney AVE MARIA DEVELOPMENT, LLLP, a Florida limited liability limited partnership By: BARRON COLLIE ORATION, a Florida corpoRdion, j Nianaginiz Partner an President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Fred Coyle, Chairman Packet Page -377- 5/10/2016 16.A.6. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. 105742125 KNOW ALL PERSONS BY THESE PRESENTS: that AVE MARIA DEVELOPMENT, LLLP 2600 GOLDEN GATE PARKWAY; NAPLES, FL 34105 (hereinafter referred to as "Owner") and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ONE TOWER SQUARE; HARTFORD, CT 06813 (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 Hundred Fifty Thousand Fifty Dollars and Forty Cents ($350,050.40) 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 Arthrex Commerce Park PPL and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the ^ Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements, PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND NO. 105742125 to be executed this 8th_ day of —May, 2012_. AVE MARIA DEVELOPMENT, LLLP, a Florida Limited Liability Limited Partnership 10-1-' By: Douglas as E. Baird_ .Signature Title: Vice President Packet Page -378- Signed, sealed and delivered in the presence of us: WITNESS: VVI S: Print nameEll_ Print Name: �idh1D P2 STATE OF FLORIDA COUNTY OF I (; The foregoing instrument was sworn to and acknowledged before 20 11, by Nu!�IGS _ Gi 7 , on behalf of who [STRIKE ONE] is pers pally known to me or produced (SEAL) N TARY PUBLIC My Commission Expires: SURE fravelerl Ca su =mpany f America By: Print Name: _Charity A. Strassel Title: —Attorney -In -Fact Signed, sealed and delivered in the presence of us: 4__ WITNESS: 5/10/2016 16.A.6. me this Aday of Mai q , ,AY4, VVI,(,L ^t aT 1 C I0Q-rCn}-rC.UP as identification. Print name: 73� "/ Pl � Print name: LrNhA R012LVSCtJ STATE OF FLORIDA COUNTY OF QL L j F The foregoing instrument was sworn to and acknowledged before me this —ft day of , 20 IZ, by on behalf of , who [STRIKE ONEKsersonally known me or produced as identification. ------------- / r (SEAL) NOTARY PUBLIC SONDRA MCCASKILL Commission M EE 134375 My Commission Expires ' My Commission Expires 09-28.2015 3 Bonded Through western Surety Company - SoutheoA Team jE . SONDRA t,. CommisF (' My Commies Eondea Tr Com a S Packet Page -379- S POWER OF ATTORNEY IS INVALID WITHOUT THE RF- ')RDER 5/10/2016 16.A.6. AIM POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224190 Certificate No. 0 0 4 617 018 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies-). and that the Companies do hereby make, constitute and appoint Huntley A. Hornbeck II, Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Betty L. Curry, and Charity A. Strassel of the City of Naples , State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ''N WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 2nd day of November 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Fe U4 yt�Fc 6 �*M �kfG t,bivy_ .qtr ahp 17°�l♦ �Y.t� jY,►P�Oq'�� r J 4 Or ,,......., y �P.Y.......,, � of 0 19 d 2 o m i i s` wtRtPoRO.tp4tFFtlrct casts. 8 •(� J= �O 6�s � FMJ �! � 1�'[�Hc4 � .«...vai' r.••... .. �Pf ��♦ ♦F � . � "rJ All1� State of Connecticut City of Hartford ss. By: 17r,e,96 Thompson.emir 'ice President On this the 2ndday of _November 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Ihsurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. fr In Witness Whereof, I hereunto set my hand and official seal. �J� � W �-k 0, - lj soy Commission expires the 30th day of June. 2016. AtJ* * � Marie C. Tetreault, Notary Public 58440-6-11 Printed in U.S.A. Packet Page -380 - WARNING: THIS POWER OF psi iurnvc+ 10 irvvnuv r+n rHOUTTHE RED BORDER PEN I ' L ,l ENGINEERING -�-1 2600 Golden Gate Parkway, Suite 105 Naples, Florida, 34105 Phone No: 239.262.2600 Fax No: 239.261.1797 To: John Houldsworth Department of Engineering 2800 North Horseshoe Drive Naples, Florida 34104 We are sending attached via: 0 Delivery ❑ Mail ❑ Client Pickup The following items: 5/10/2016 16.A.6. LETTER OF TRANSMITTAL Date: May 18, 2012 Project Name: Arthrex Commerce Park PL 20120000120 Reference: Plat Recording 0 Overnight Delivery Copy Date Description 1 Corrected Performance Bond No. 105742125 These are transmitted as checked below: 0 For Approval ForYour Use ❑ As Requested [3 For ReHew and Comment Comments: Jahn, Should you have any questions, please contact Rebecca Acx at 239-262-2600 or email: racx@barroncollier.com. Thank you. Copy To: David ACP FileGerson Signed: Lam.. l /�- Kim D. DaJidson Executive Coordinator Packet Page -381- 5/10/2016 16.A.6. Project: Arthrex Commerce Park PPL Task: Opinion of Probable Costscht V � Prepared By: RRA Date: 4/1 2/2012 ENGINEEG Checked By: DBG Date: 4/12/2012 Original Roadway & Drainage Value: $ 653,015.00 Original Utilities Value: $ 552,85350 REMAINING ROADWAY AND DRAINAGE Paving, Drainage, Earthwork, Landscaping and Lighting $ 284,748.90 100% Bond Amount: $ 284,748.90 10% Bond Amount: $ 65,301.50 Total 110% Bond Amount: $ 350,050.40 REMAINING UTILITIES Sanitary Sewer $ 177,572.00 100% Bond Amount: $ 177,572.00 10% Bond Amount: $ S5,285.3S Total 110% Bond Amount: $ 232,857.3S Notes: 1) This Opinion of Probable Cost (OPC) shall be used for Permitting Purposes Only, 2) This OPC Is based on Peninsula improvement Corporation's understanding of the current rules, regulations, ordinances, and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC, and may require adjustments to delete, decrease, or increase portions of this OPC. 3) All costs provided in this OPC are based on recent contract prices, or the engineer's latest known unit costs. These costs cannot be guaranteed at this time due to unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the availability of materials and labor. Certificate of Auth iza on' Mho0 91 ,Q STATE OF s �ssrll NAL ��� Packet Page -382- 5/10/2016 16.A.6. UTILITY PERFORMANCE BOND No. 145742124 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria Development, LLLP whose address is 2600 Golden Gate Parkway, Naples, FL 34105 _ (hereinafter referred to as "Owner", and Travelers Casualty & Surety Company of America , whose address is One Tower Square, Hartford CT 06183 (hereinafter referred to as "Surety"), are held and firmly bound unto Ave Maria Utility Company, LLLP (hereinafter called "Utility"), in the total aggregate sum of Two Hundred - Thirty -Two Thousand, Eight Hundred, Fifty -Seven Dollars and Thirty -Five Cents ($232,857.35) 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 in the context of singular or plural, as required. WHEREAS the Utility has adopted Technical Standards and Specifications concerning the Owner's obligations to the Utility regarding the construction, conveyance and warranty of potable water, non -potable irrigation water and/or wastewater system(s), or portion(s) thereof, constructed within an unincorporated area of Collier County, a copy of which is hereto attached and made a part hereof; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the Utility under the Ave Maria Utility Company, LLLP Technical Standards, Specifications, and Details and all the undertakings, covenants, terms, conditions, and agreements of the Agreement during the original term thereof, and any extensions thereof that may be granted by the Owner with or without notice to the Surety and during the guaranty and warranty period established by the Utility and thereafter, and if the Owner shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Utility from all costs and damages that it may suffer by reason of failure to do so, and shall reimburse and repay the Utility all outlay and expense that the Utility 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 Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the price more than twenty percent (20%), so as to bind the Owner and the Surety to the full and faithful performance of the Agreement as so amended. The Term "Amendment," whenever used in this bond, and whether referring to this bond, the Agreement or other documents, shall include any alteration, addition or modification of any character whatsoever. Page i of 3 Packet Page -383- M M 5/10/2016 16.A.6. IN WITNESS WHEREOF, the parties have caused this document to be executed this _26th day of April, 2012. OWNER. AVE MARIA DEVEL 'PM LLLPa4:4cIrrida 0 Limited Liability Limited 7;a ersh* By: Douglas E. Bair Title: Vice PresidersV Signed, sealed and delivered in the presence of us: WITNESS: WITNESS: Print name: t W Y -A Print Name: KIM D. DAVIDSON STATE OF FLORIDA COUNTY OF CQUJ� The foregoing instrument was sworn to and acknowledged before me this A046 day of Apait- 20 1,R , by , on behalf of who [STRIKE ONE] is personally known to Me or produced as identification. (SEAL) DWE L VIGINER! NOTARY PUBLIC MY COMMISSION# DO 79U94 I �* �V' My Commission Expires: *4-'l 13 'W/11-' Page 2 of 3 Packet Page -384- EXPIRES: J* 13, 2012 114hU10. Smded Thor Notm Pd* Under~ 5/10/2016 16.A.6. SUR Travelers sualt Surety Company of AmericaBy: A& �. �L _1 i jV Print Name: _Charity A. Strassel Title: _Attorney -In -Fact Signed, sealed and delivered in the presence of us: WITNESS: WI S: Print name: Print name: e . STATE OF FLOIRIDA COUNTY OF The ipregoing instrument was sworn to and acknowledged before me this day of L 20J2, by f of me or p uced as identification. -- ,who [STRIKE ONE] is ersonally know to NOTARY PUQCIC (/ tr. P. Y COMMISSION A DD 963859 p EXPIRES: April 13, 2014 P h••• Bonded Thru Notary Public undowribrt (SEAL) Page 3 of 3 Packet Page -385- - ARNIN( S POWER OF ATTORNEY IS INVALID WITHOUT THE RE- ZRDER 5/10/2016 16.A.6. POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224190 Certificate No. 004617017 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Huntley A. Hornbeck 11, Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Betty L. Curry, and Charity A. Strassel of the City of Nnplec . State of Florida . their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seat and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this day of November 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 2nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? GI.SG^�^F. ✓ ' t,FF 6 �> �O`I,M.»MSG9 gar. iNSVgTy 4�^� � AM°`` r��fly u. �r� Ydr ..� �. ?j1t► s4 c o.� SHI�Lf= v ° State of Connecticut City of Ilartford ss. By: Gcore Thompson,nior 'ice President On this the 2nd day, of November 2011 ,before me per appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-6-11 Printed in U.S.A. PaCICI'1 Page -386- WARNING:THISPOWER O, __ C .�,—t�WA �. Tetreault. Notary Public 5/10/2016 16.A.6. RESOLUTION NO. 16- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN ARTHREX COMMERCE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 51, PAGES 76 THROUGH 77; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE PLAT DEDICATIONS WHEREAS, the Board of County Commissioners of Collier County, Florida, on February 28, 2012, approved the plat of Arthrex Commerce Park for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Services Division has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Arthrex Commerce Park, pursuant to the plat thereof recorded in Plat Book 51, pages 76 through 77, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Arthrex Commerce Park will be maintained privately in the future and will not be the responsibility of Collier County. Packet Page -387- C�7 5/10/2016 16.A.6. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2016. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legality: Scott A. Stone Assistant County Attorney Packet Page -388-