Agenda 03/27/2018 Item #16A 503/27/2018
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 Bristol Pines, Phase II
Application Number AR-8835 and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On June 20, 2006, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Bristol Pines, Phase II.
2) The roadway and drainage improvements will be maintained by the project’s community
association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on February 2,
2018, 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 Bristol Pines PUD which encompasses the Bristol Pines, Phase II Plat 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 $260,102 will be released upon Board
approval. The original security in the amount of $158,581 has been increased to the current amount of
$260,102 based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated March 27, 2012.
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. - SAS
RECOMMENDATION: To have the Board accept final acceptance of the roadway and drainage
improvements in Bristol Pines, Phase II Application Number AR-8835, 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
16.A.5
Packet Pg. 533
03/27/2018
2. Bond Basis (PDF)
3. Resolution (PDF)
16.A.5
Packet Pg. 534
03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 4818
Item 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 Bristol
Pines, Phase II Application Number AR-8835 and authorize the release of the maintenance security.
Meeting Date: 03/27/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/09/2018 9:20 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/09/2018 9:20 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/09/2018 9:36 AM
Growth Management Development Review John Houldsworth Additional Reviewer Completed 02/09/2018 9:44 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/09/2018 4:19 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/09/2018 4:21 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/12/2018 8:31 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 02/15/2018 2:40 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/20/2018 2:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/22/2018 9:55 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/01/2018 10:02 AM
Growth Management Department James French Deputy Department Head Review Completed 03/01/2018 11:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/01/2018 12:39 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/06/2018 11:22 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/08/2018 9:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2018 11:09 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
16.A.5
Packet Pg. 535
BRISTOL PINES, PHASE II
16.A.5.a
Packet Pg. 536 Attachment: Location Map (4818 : Final Acceptance - Bristol Pines, Phase II)
16A 9,
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS `
THIS CONSTRUCTION AND MAINTENANCE AQW, T FOR SUBDIVISION
IMPROVEMENTS entered into this .±Aay of 2012 between
Bristol Waterways, LLC., hereinafter referred to as "Devel per," and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board.
RECITALS:
A. Developer has previously received approval from the Board for that subdivision
known as Bristol Pines Phase II. Bristol Waterways, LLC is a successor developer and
wishes to replace the existing securities which had been provided by the original
developer.
B. Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a bonded
agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as
follows:
1. Developer will cause to be constructed: Roadway, drainage, water and sewer
improvements within 18 months from the date of Board approval, 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 $158,581.00
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 County Manager's approval of the
C DOCVmcnt ;andSerfr;u,1e, ^,edrnalxa, e inps`: 7emperryG; fu: ne! tr; esit; entert. 0utieckiUkr» J; ..{(In =.: }.,,:rlPi, ^es!'20t2doe
16.A.5.b
Packet Pg. 537 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
16A 9l
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.
Page 1 of 2
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16.A.5.b
Packet Pg. 538 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
16A 94
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this - day of . -0 i20r -L 24
SIGNED, SEALED AND
DELIVERED IN
TA PRESENCE `OF
CAT? RINE ELIZABETH MEDIMA
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ii+1Y COM."ISSION # EE00316
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Pr}jted or Typed Name
T'S'B'' ,0
Deputy
Approved as to form and legal
S iciency:
Steven T Williams
Assistant County Attorney
Title: ova V--4-Y"
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
luk
Fred W. Coyle, Chairman
Page 2 of 2
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16.A.5.b
Packet Pg. 539 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
16A , 946isfc
COLLIER COUNTY LAND DEVELOPMENT CODE +6 ? Wtr
4-15
PERFORMANCE BOND NO. SEIFSU0586735
KNOW ALL PERSONS BY THESE PRESENTS: that
BRISTOL WATERWAYS, LLC
4949 SW 75TH AVE. MIAMI, FL 33155
hereinafter referred to as "Owner ") and
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NJ 07102
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 hundred fifty eight thousand five hundred eighty
one & 00 /100 Dollars (S 158,581.00) 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 Bristol Pines Phase II 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 to be executed this 15th day
of February, 2012.
LDCA:6
16.A.5.b
Packet Pg. 540 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
I
1LLC SIGNATORIES}
Attest
STATE OF ..... `.!.. (S ....................
COUNTY OF .....g.f.V. .. k. .DW. X:......
On this ....... . .......... day of
Arnaud Karsenti ............... .
16A 91
Bristol Waterways, LLC
By its Member: Waterways JV Holdings, LP
By its General Partner: Florid eal Estate Value Fund ager, LLC
By:
Arnaud Karsenti, Managing Member
LLC ACKNOWLEDGMENT
ss:
in the year 2012 before me personally come(s)...
to me known who, being by me duly sworn, deposes and says tha e/s a resides in the City of..... H.1 r . y..1 .......................
that he he is the ......... Managing Member ............................. ............................... of ...... Bristol Waterways,
LLC ............................. ............................ the corporation described in and which executed the foregoing instrument; that( he knows
the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board
of Directors of said corporation, and that ie he signed /i her name thereto by ne
CATi : -'1 ,tE ELIZ/2TH MEDI
fir` "Y (vlV;a" 8S1` 1 # EE003 i (Signature and title of official taking acknowledgment/ Notary)
S,: -;r (: , 2014
407) 390 -G1. -- _
ovary:. .co.com
International Fidelity Insurance Company
Attest 4CIA /'t A Q
SURETY ACKNOWLEDGMENT
STATE OF ... ... .Flo rt0 .......................
ss:
COUNTY OF.. A..... `- .................... J
On this ....... .......... day of ........ ""'' ." ..` .................... in the year 2012 before me personally come(s)...
Jason Valle ......................................................................... ............................... ..... ...............................
to me known who, being by me duly swom, deposes and says that he /she resides in the City of...........
16.A.5.b
Packet Pg. 541 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
16A 91
thatQshe is the ..... {{nrru.t. !n —fA.' ........................... of the TI+> `R 707 .........I ...... the surety
described in and which executed the foregoing instrument; that Oshe knows the seal of the said corporation; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said surety, and that t she signed his/her name
thereto by like order.
CL
Signature and title of official taking acknowledgment/ Notary)
SHARI A UVINGS I t.:
COMMtWON # DD96516E s
EXpIeoNOEU
14
RU eat
16.A.5.b
Packet Pg. 542 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
Tel (973) 6247200 1 ^ POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
Pennnysylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
MATTHEW FOX, ROY DALTON MAY JR., JOSH STODART, JASON VALLE, CHRISTOPHER R. GAGNON,
SHARI LIVINGSTON
Maitland, FL.
their true and lawful attomeyfs)-in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or, permitted by law, statute rule, regulation, contract or otherwise
and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INtERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attomey is executed and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by autlWly of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 201D and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000:
RESOLVED that (1) the President, Vice President, or Secretary of the Corporation shall have the r to appoint, and to revoke the appointments of,
Attorneys -in -fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation
and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or
related thereto* and (2) an such Officers of the Corporation may appoint and revoke the appointments of joint- control custodians, agents for acceptance ofpprocessandA)tomeys -ln -fact with authority to execute waivers and consents on behalf of the Corporation; and ((3) the signature ofany such Officer of the
Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,
recognizance contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whetherheretoforeorhereafterbeingherebyadoptedbytheCorporationastheoriginalsignatureofsuchofficerandtheoriginalsealoftheCorporation, to be validandbindinguponthedorporationwiththesameforceandeffectasthoughmanuallyaffixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 30th day of June, 2010.
On this 30th day of June 2010, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
a.•• NY Vi4Z
CP.• pTAR QG'•,I
JP
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
STATE OF NEW JERSEY
County of Essex
1936
ROBERT W.MINSTER
Y01 Executive Vice President/Chief Operating Officer
International Fidelity Insurance Company)
and President (Allegheny Casualty Company)
On this 30th day of June 2010, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
a.•• NY Vi4Z
CP.• pTAR QG'•,I
JP
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
16.A.5.b
Packet Pg. 543 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
6A 9/
International Fidelity Insurance Company 0A1XXQ
1o6o Maitland Center Commons, Suite 310
Maitland, FL 32751 IFIC407) 661 -4076
Fax: (407) 661 -4074 S" 44**
www.ific.com 144l"1 1904
BOND RIDER
To be attached to, and form a part of Bond No. SEIFSU0586735 dated the 15`h day of
February, 2012, with Bristol Waterways, LLC as Principal, and INTERNATIONAL
FIDELITY INSURANCE COMPANY as Surety, in favor of Collier County, as Obligee. It
is understood and agreed that the bond is changed or revised in the particulars checked below:
Name of Principal changed to:
id' Amount of Bond Changed from $158,581.00 to $260,102.00
Other
Said bond shall be subject to all its terms, conditions and limitations, except as herein
expressly modified. This bond Rider shall become effective as of February 15`h , 2012.
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has
caused its corporate seal to be hereunto affixed this 16`h day of March, 2012.
Principal: B stol wa s LL
By:
Arnaud Karsenti, ing Member
INTERNATIO AL FIDELITY INSURANCE COMPANY
By: 0 y4X,
Charles D. Nielson, Attorney -in -Fact
16.A.5.b
Packet Pg. 544 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
Tel (973) 624 -7200 POWER OF ATTORNEY 16A 91
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existinglawsoftheStateofNewJersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
BRETT ROSENHAUS, CHARLES J. NIELSON, CHARLES D. NIELSON, JOSEPH P. NIELSON
Miami Lakes, FL.
its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity andotherwritingsobligatoryinthenaturethereof, which are or may be allowed, required or ermitted by law, stature, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at itsprincipaloffice.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board ofDirectorsofINTERNATIONALFIDELITYINSURANCECOMPANYatameetingcalledandheldonthe7thdayofFebruary, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds andundertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meetingdulycalledandheldonthe29thdayofApril, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto byfacsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and anysuchpowersoexecutedandcertifiedbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtowhichitisattached.
ITV I#f IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007.
INTERNATIONAL FIDELITY INSURANCE COMPANYSEAL ` C-1
y 904 STATE NEW JERSEY
p County off Essex
JE% 3 .r
Secretary
On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me dulysworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors ofsaidCompany.
UOA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 16th day of Larch 2012
jo r
Assistant Secretary
16.A.5.b
Packet Pg. 545 Attachment: Bond Basis (4818 : Final Acceptance - Bristol Pines, Phase II)
16.A.5.c
Packet Pg. 546 Attachment: Resolution (4818 : Final Acceptance - Bristol Pines, Phase II)
16.A.5.c
Packet Pg. 547 Attachment: Resolution (4818 : Final Acceptance - Bristol Pines, Phase II)