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Agenda 04/23/2019 Item #16A 7 (TwinEagles Phase 2 B Plat)04/23/2019 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 TwinEagles Phase Two B, Application Number AR-9287, and authorize the release of the maintenance security. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, accept the plat dedications, and release the maintenance security. CONSIDERATIONS: 1) On October 26, 2006, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in TwinEagles Phase Two B. 2) The roadway and drainage improvements will be maintained by the TwinEagles Homeowners Association, or other applicable entity, and the County will have no maintenance responsibility. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has 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 of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project’s homeowner’s association. The existing security in the total amount of $785,120.42 ($615,609.90 for Paving and Drainage, and $169,510.82 for Utilities) will be released upon Board approval. The original security in the amount of $3,932,787.33 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 4, 2006. 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 accept final acceptance of the roadway and drainage improvements in TwinEagles Phase Two, Application Number AR-9287, and authorize 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements, and acceptance of the plat dedications. 2. The Clerk of Courts to release of the maintenance security. Prepared By: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.7 Packet Pg. 1187 04/23/2019 3. Resolution (PDF) 4. Plat Map (PDF) 16.A.7 Packet Pg. 1188 04/23/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 8353 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 TwinEagles Phase Two B, Application Number AR-9287, and authorize the release of the maintenance security. Meeting Date: 04/23/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 03/15/2019 2:23 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/15/2019 2:23 PM Approved By: Review: Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/18/2019 6:29 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 03/18/2019 9:04 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/18/2019 9:39 AM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/18/2019 1:46 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 03/18/2019 3:40 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/22/2019 4:03 PM Growth Management Department Matthew McLean Additional Reviewer Completed 03/25/2019 8:36 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/25/2019 9:14 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/25/2019 10:15 AM Growth Management Department James C French Deputy Department Head Review Completed 03/26/2019 5:02 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/28/2019 2:54 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/01/2019 8:52 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/04/2019 8:58 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/15/2019 12:16 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM 16.A.7 Packet Pg. 1189 TWINEAGLES PHASE TWO B LOCATION MAP 16.A.7.a Packet Pg. 1190 Attachment: Location Map (8353 : Final Acceptance - TwinEagles Phase Two B) CO NSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEME TS THIS CO NSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this Litt.. day of April, 2006 between The Estates at TwinEagles, Ltd., hereinafter referred to as "Developer," and the Board o-f 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: TWINEAGLES PHASE TWO B. B.Chapters 4 and IO 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: within 36 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 $3,932,787.33 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3.In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County. may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4.The required improvement 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 16.A.7.b Packet Pg. 1191 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) his preliminary approval of the improvements; or q) 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 desigriee. 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. 16.A.7.b Packet Pg. 1192 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) PAVING & GRADING ITEM 2 3 5 8 7 8 9 DRAINAGE SYSTEM ITEM 2 3 5 8 7 8 9 SUBTOTAL . - ······--· ·-·----------------, Engineer's Opinion of Probable Cons1ructlon Coat Twin Eaglet, � 28 PIOject 04-0043 / 0...: Febl\lary 2008 For CoUler County Review & Inspection FN Detltnnlnation DESCRIPTION T "A" CUlb Inlet 15"RCP 18" RCP 24"RCP 30" RCP 38" RCP 42" RCP DESCRIPTION PAVING & GRADING DRAINAGE SYSTEM TOTAL QUANTITY 35850 35850 48102 29257 1 27804 5235 15920 7395 QUANTITY 38 2 103 914 1900 258 598 215 18 UNIT SY SY SY LF LS LF LF LF SY ...... UNIT EA EA LF LF LF LF LF LF EA ...... Sublolal $1,870,740.71 $383,507.00 I•-·· lmaaiil UNIT COSTS .70 .25 M.40 S7.48 000.00 13.00 .83 18.00 $2.40 UNIT COSTS SUBTOTAL 500.00 000.00 $1 825.00 250.00 $31.00 193.00 .00 732.00 '50.00 000.00 $74.00 181144.00 .00 $52448.00 118.00 040.00 $2250.00 000.00 507.00 Pmna. Gqclnq and PIJIDIAI RIYflw I IHIPICtlon Fm; ConltNc:lion Document Review Fee: 0.75% dprobeble co11a d!Oldwey, dnllnllge & mn--, rnanage,nnayatem 00nllrudion = $15,258.90 2.26% ol probable colla ol roadway, drlinlge & ltannwallr rn1111111eme11t lyallm c:onatruction = MS,no_11 Total Review& lnepection FNa • $11,027.11 PPL-2006-AR-9287 REV: 1 TWIN EAGLES PHASE 2B Project: 2002090015 DUE· 414106 Date: 317126 ENGINEERING DEPT DUE: 3/28/06 16.A.7.b Packet Pg. 1193 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) ,. .. _ .. _1191 ' 2 3 4 II • 1 • • ----- UP• ' 2 34 • •7 II • 10 --,.,,..,... 1 2 • 4 6 I 1 • • 10 11 12 13 14 15.. 17 11 11 -Ta-1191 1 2 3 4 5 8 7 I • 10 11 12 13 ii 1 4 5 • 5 • • 7 II • 1D �Opinion of Probllllll Conatrul:tlDn Coet -�-211........ -/�: Flllnay200II TOTAL FOR 110'4 IIONDNJ -117' &r =--1:Z- 'Z -I'-,-.-•A•r-..--,_ 1-•A•n---c- 1 -1----- ACP ·-- . r---· ....... -1D'CIJI 10'•17CUI 4' •,u--• 4' 1'-1' , ... --, ..... 4' • -l'-10' 4' ••D'·1'Z ,� --�--·-·-rF DR-1■ rF--•-•• rF DR-14 4"--v-r---r--- 1 r II 1• ,._ •-11 r ·-•4 .. A-l'C-IOIIDR-11 r ---r Fn ■. -1. �- ·--DR-·�I � 10" 4 r r 14 r 1■ r ... 11 r r OY -- 10" t:!" _, ,. .. , __ t ----,� - PAVIIIIII� -8ffllll ---ffStal l'OT ___ ... 8ffTIII IUIIGA110N fll'IDI ,,._ IT 35 .. - rr-. ... 15 7315 ,,.__., 31 2 ....114 1- 21111 1118 21S 0 18 l'llu fTT 7 4 • 2 2 2 2a •- 1720 •- 31 1 ,,.� 1•- 473 11 1 21 2 44 14 7 ,. t1 1 ,,._,..·- 0 0 1 .... ' s 12 0 0 20 • 1 ZI 71 1 TOTAL UIIT ft'( ft'( ft'( LF _.. LF LF LF ft'( UIIT EA LF EA - UNIT EA LF LF LF ... EA 11A EA - IN ... LF LF EA EA 11A ..... EA .....EA EA ..... EA -11,870,741.71 AD,607.0D -,217.50 -.703.111 me:: je➔rifil UIITCOIJTI -"" .40 .41 13.111 .... II.Ill 12.40 ,_ ,_,. I 5111.111 ' -- 1.111 Ill 4.111 ,_ 11.MIIM r11--,,m ,�r�•1 --1211.111----··-� "'-1 a-.m111 Hffl&M ·-•�.Ill •�.111,_.., ,,,., 14.111 , .... "'·'"' 11-.-,_.""'i.DD 11771.111 ,_ �.-- ••Ill -- 14.111 __ .., 11-111 1 m•II) 11-.-.Ill ----�.. 14 -. .Ill 1-1571 1 I - -TOTAi. ' 1111 ... ·--, ...... • 1462.11£ .Ill 11-.� ., 741.71 --TOT .Ill 1 -�� 11 _,. Ill --� �507.111 ,_ ... 1 ......- 11 .Ill 1111. -DID. ,m 1 700. ·- 147 1771 -·- -TOTAl I --111 II __ Ill 0.111 � ·"'·"' 11 .Ill 1 .Ill ·"':21 111•11uu - ·-· .Ill 111 .Ill •ooo .OD II[ •.Ill -·- .OD � -160. �-� 1117 .Ill 16.A.7.b Packet Pg. 1194 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) © All of the terms. covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF. the Board and the Developer h,ave caused this Agreement to be executed by their duly authorized representatives this '-f t:A. day of April, 2006. SIGNED IN THE PRESENCE OF: Pri nte_� N�· �-O�f?_r, 0� .. ,..._,, . . -ATfEST: . � "),. ---.. . . :_ DWI�HT.�r�q�lf,-\L�K . ' -· c.. .. _,... . I .I -; • - By:���:.�: p,,,., .. � Glkl kgal sufficiency: JeffE. The Estates at TwinEagles, Ltd. By: RCP/TE Management LLC By its general partner, By: Resource Conservation Properties, Inc. Its: aging mber Frank Halas, Chairman 16.A.7.b Packet Pg. 1195 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) -- -. - - - - - - - , RESOURCE CONSERVATION PROPERTIES, INC. Unanimous Written Consent of The Executive Committee of.Directors Pursuant to Section 607.0821 of the Business Cor_poration Act of the State of Florida THE UNDERSIGNED, being all of the Members of the Executive Committee of Directors of Resource Conservation Properties, Inc., a Florida corporation (the "Corporation"), do hereby consent to and take the following action as fully as though the same were taken at a Meeting of the Executive Committee of Directors regularly held for that purpose and do hereby waive the holding of any formal meeting and any notice required to be given in connection therewith. The resolution set forth below is hereby adopted: RESOLVED, that Gonzalo Romero be, and hereby is, elected to the office of Vice President of Planning & Development of the Corporation, effective immediately, to serve until his successor has been elected and shall have qualified, or until his death, or until he shall have resigned or shall have been removed in accordance with the Bylaws of the Corporation. IN WITNESS WHEREOF, the undersigned have executed this Consent effective as of February I, 2006. ��'S David Lucas 16.A.7.b Packet Pg. 1196 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) BONITA BAY PROPERTIES, INC. Unanimous Written CoDICDt of The Bxocutivc Committee of Directors Pursuant to Section 607.0821 of tho Buainca Corporatigp Act of tho State of Florida THB UNDBRSIGNBD, being all of the Memben of tho Executive Committee of Direct.on of Bonita Bay Properties, Inc., a Florida coq,oration (the "Corporation"), do herd,y CODleDt to IDd take tho following action as fully aa tbouah tho ume were tatm at a Meeting of the Executive Committee of Dim:ton regularly held for that pmpoac and do hereby waive the holding of any formal meeting IDd my notice required to be given in connection therewith. The resolution set forth below ia hereby adopted: RESOL VBD, that Oomalo Romero ho, and hereby ii, elected to the office of Vice Pn:aidmt of Planning & Development of the Corporation, effective immediately, to aave until bia IUCCeU01' bu been elected and aball have qualifiod, or until bil cloldi, or until he lball have resigned or shall have been removed in accordance with the Bylaws of the Corporation. 1N WITNESS WHEREOF, tho undenipod have executed this Ccmacot effective DavidLucu PPL-2006-AR-9287 REV: 1 TWIN EAGLES PHASE 28Project: 2002090015Date: 3/7/26 DU E: 4/4/06 ENGINEERING DEPT DUE: 3128106 16.A.7.b Packet Pg. 1197 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) SURVEYOR'S CERTIFICAIE AS TO THE I?ECORD PLAT OF TWNEAGLES, PHASE 28, AS RECORDED IN PLAT BOOK 47 AT PAGES 23 THROUGH 39, INCLUSIVE, OF THE PUBLIC RECORDS OF COLUER COUNry. FLORIDA I, GEORGE W. HACKNEY, OF THE COUNW OF COLLIER AND STAIE OF FLORID,\ HEREBY CERTIFY TO THE FOLLOWING: THAT I AM A REGISTERED LAND SURVEYOR AUTHORIZED TO PRACTICE IN THE STATE OF FLORIDA. THAT THE PERMANENT CONTROL POINTS AS SHOWN ON SAID RECORD PLAT HAVE BEEN SET IN ACCORDANCE WITH CHAPTER I77, FLORIDA STATUTES. BY: W. HACKNEY. FLORIDA CERTIFICATION NO, 5606 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument wos before me this ,? rr*aov ofr.lu, t 2018. by toke on ooth. who is personolly known to me ond did not 2 By: l, a"lr ,ffiffiffi Notory Prlnted Nome I 16.A.7.b Packet Pg. 1198 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5021330 KNOW ALL PERSONS BY THESE PRESENTS: that The Estates at TwinEagles, Ltd. 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A-Ste. 300, Lombard, IL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Two Million Two Hundred Thirty Seven Thousand Six Hundred Seventy Nine and 08/100 Dollars ($2,237,679.08) 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, finnly 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 TwinEagles Phase 2B (Paving and Grading and Drainage System) and that ce11ain 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 perfo1m 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 incun-ed 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, othe1wise 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 Surety to the full and faithful perfo1mance in accordance with the Land 16.A.7.b Packet Pg. 1199 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) �----------------------------------------··· ----------------- 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 patties hereto have caused this PERFORMANCE BOND to be Executed this 22nd day of February, 2006. Note: 2 witnesses for each signature Witness: { 'tt . Princi�al: �h� Estates at T_winEagles, Ltd.c._....:..l_/ -'--l ,._\..._U.--=/e-· -� __ :a=-,..;:'.\ .... c .... ··•--"--'-'L_-t-"'--. b_c.i�n ... ,,.....-\ A Flonda Lmuted Partnership ,_.. j By: RCP/TE Management, LLC Witness: . f}lic/J o_ p & 9--l CUtUA. lo fu. ()<-Witness: "-/'?)JC LL-:�_2ll nuciQ Witness: Its Managin General Partner arvey . c stag, Vice President of Finance, Secretary/Treasurer Resource Conservation Properties, Inc. Surety: 2 16.A.7.b Packet Pg. 1200 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) -POWER OF ATTORNEY - AO 213 3 8Bond Safeguard 1NsuRANce coMPAN., KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Michael J. Scheer, James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt ,.,, """' ana Iawtul Attorney(s)-ln-Fact to make, execute. seal and deliver for, and on its behalf as surety, any and all bonds, und�rtakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPAN Y on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the C?mPany any bonds, undertakings, policies, co ntracts of indemnity or other writings obligatory in nature of a bond, $ 2,800,000.00 Two Million Eight Hundred Thousand Dollars which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authQrlty so granted may be revoked as specffied in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsi mile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and .,Y such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it Is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this Instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY �D� President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personaNy came David E. Gampbell to me known, who being duly sworn, did depose and say that he Is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described In and which executed the above Instrument; that he executed said Instrument on behalf of the corporation by authority of his office under the By-laws of said corpoiatlon. "OFFICIAL SEAL" LYDIA J. DE JONG Notary Public, State of Illinois My Commission Expires 1/12/07 Lydia J. DeJong Notary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insur ance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seated at Lombard, Illinois this 22nd Day of __ F_e_b_r_u_a_r_y�-�·2o__Q§__ Donald D. Buchanan Secretary 16.A.7.b Packet Pg. 1201 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) ST ATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On February 22, 2006, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this cettificate above. My Commission Expires on June 15, 2006 16.A.7.b Packet Pg. 1202 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION Engineering Services Department 2800 North Horseshoe Drive• Naples, Florida 34 l 04 November 5, 2007 Mr. Steven Kazmer, Attorney-in-Fact Bond Safeguard Insurandce Company 1919 S. Highland Ave., Bldg. A, Suite 300 Lombard, IL. 60148 RE: Performance Bond No. 5021330 / The Estates at Twin Eagles, Ltd. Twin Eagles Phase Two-B I Paving & Drainage Bond Dear Mr. Kazmer: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $1,622,069.48, leaving an available balance of $615,609.90. An original Bond Rider should be directed to this office reducing the value of the Bond, "all other terms and conditions of original bond to remain in full force and effect". Sincerely, Jo�rth Senior Engineer Cc: Stan Chrzanowski, P.E., County Engineer Dominic Amico, AB&B C Phone(239)213-5866 �-a { ( j C t Fax (239) 530-620 I C 0 M. ,-i t y www.colliergov.net 16.A.7.b Packet Pg. 1203 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) Bond Safeguard Insurance Company To be attached to and form a part of Bond No. 5021330 Effective: 02/22106 Bond Arnount: 52,237,67 9.08 Executed by: The Estates at TwinEagles, Ltd. 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 as Principal and by:Bond Safeguard Insurance Company l919 S. Highland Ave., Bldg. A, Ste. 300 Lombard,IL 60148 as Surety in favor of: Collier County 2800 North Horseshoe Drive Naples, FL34104 as Obligee in consideration of the mutual agreements herein contained, the Principal and the Surety hereby consent to reducing the bond amount to: "Six Hundred Fifteen Thousand Six Hundred Nine and 90/100 Dollars ($615,609.90)" Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective November 5,20A7 Signed and Sealed December 1,2007 Principal:The Estates at Ltd. By: Surety: Bond Safeguard lnsurance Company tr,) Dawn L. tlorgan, By: ii II0 FL Llcense {lP0Ll322 Fact 16.A.7.b Packet Pg. 1204 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) POWER OF ATTORNEY AO Bond Safe$uard NS,RAN.E .,MPANY 5s132 KNOWALL MEN BYTHESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an lllinois Corporation with its principal office in Lombard, lllinois, does hereby cOnstitute and appoint Jrncr l. Mosc, lrcoc Dira Bmic lcutc, S@h.o T. K.zacr, Ihwn L. Magttr, Pcrrry F.uL Kclh A.Jroobr.Elainc Mrrcus, Jcoaiftr I. McCoarb, Melils Schnidt, Jocl E. Spcc*reo, Hcatcr A BGch Tunnc M. Pirciotto its true and lawlul Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behall as surety, any and all bonds, undertakings or other writings obligatory in nalure of a bond. This auttority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President ol the Gompany is hereby auhorized to appoint and empower any reprosentative of the Company or other person or perBons as Attomey-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature ol a bond not to Exceed $1,000,(n0.00, One Million Dollars, whlch thE Company might execute through its duly aloctod offlcerc, and alfix the seal of the Company thereto. Any said execution ol such documents by an Attomey-ln-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Afiomey-ln-Fact, so appointed, may be rEmoved for good cause and the authortty so granted may be revoked as specitiod in the Power ol Attomey. Resolved, that the signature of the President and the seal of the Company may be affixod by facsimile on any power of attomey granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certilicate beadng such faqsimile signature aM seal shall be valid and binding on the Company, Any such power so executed and sealed and certificate so executod and sealed shall, with respect to any bond or undertaklng to which it is attacfied, @ntinue to be valid and binding on the Company. lN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be sQned by its President, and lts Corporate seal to be aflixed this 7h day ol Novembor, Z0O'1. BOND SAFEGUARD INSURANCE COMPANY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2fi)1, before me, parsonally came Davld E. Campbell to me known, who being duly swom, did depose and say that he ls the Presldent of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; thal he executed said instrument on behatf of the corporation by authority of his oflice under the By-laws ol said corporation. TOTFICIAL SEAI,' MAI'REENIC AYE Nobry Pub[q Strtc of lrllnob My CommLslon Explrer 092ll09 CERTIFICATE Slgned and Sealed at Lombard, lllinois this-le.!-Day ol Deceuber , ?f.-Ol WLa4p \iaureen K. Ave A \otary Pubfil U O.ilne,tu Donald D. Buchanan Secretary "WARNlilGi: Any pccon who knowlngly and wlth lnt nt to dclraud any lnsuranoe oomprny or other peruon, lllel an rppllcltlon tor lnlurlnc! or ltatcment ol clalm contalnlng any materlally lalco lnformatlon, or concellr lor lho purpost ol mlsleadlng, lniormatlon concemlng any tac't maigrlal thgrlto, commlte a fraudulcnt lnsunncs act, whlch la a crlmc and rubloctr ruch perron to crlmlnal and clvll pcnahlcc,"BS1 l, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COIIPANY, An lllinois lnsurance Company, DO HEREBY CERTIFY that the original Power ol Attomey of which the loregolng is a true and correct copy, is in lull lorce and ellect and has not been revoked ard the resolutions as set lorth are now ln fore, 16.A.7.b Packet Pg. 1205 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) SEate of: ILLINOIS Counly of: DUPAGE On December 1, 2OO7, before me, Melissa Schmidt. a NoE,ary Public in and for Eaid County and State, residing therein, duly commissioned. and sworn.pereonally appeared Dawn L. Morgan, known to me to be Atstorney-in-Fact for Bond Safeguard Insurance Cortpany, the corporation d.eecribed in and that executed the within and foregoiug inetrumenE, and known to me to be the perEon who executed the eaid instrument on behalf of the said corporation, and he duly acknowledged to me that such cor2oration executed tshe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nry official sea1, t,he day and year stated in this eertificate above. My Commiseion E:<pires: June 23, 2008 I Melissa Schmidt, Notary Pub1ic OFFICIAI. SEAL l,"lEL S,SA SCril'rlDT NoTArlv r!,cr tC . STATE OF lLLlNolS Mv CCr,tli,iSri)ht :XD'RES 116,2-iri)8 16.A.7.b Packet Pg. 1206 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) .., Eond No. K00200162 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that TwinEagles Developments AGR, L.L.C. 2000 Avenue Of The Stars, Suite 1020, Los Angeles, CA 90067 (hereinafter referred to as "Owner") and Westchester Fire Insurance Company 500 Colonial Center Parkway, Suite 200, Roswell, GA 30076 (678) 795-4385 (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 Six Hundred Fifteen Thousand Six Hundred Nine Dollars and 90/100----Dollars ($615,6_09.90) 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 l.winEagles Phase Two B, AR-9287 Construction Costs, Paving, Grading & Drainage and thal 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 perlormance 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 14th day of January, 2011. 16.A.7.b Packet Pg. 1207 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) WITNESSES:Developments, AGR, L.L.C. Wz /*4 Prlnted Name Prlnted Name/Tltle (Provlde Proper Evldence of Prlnted Name STATE OF 6. 4-c.3t cL eatfr COUNTY OF 1o 3' turteas THE FOREGOING PERFORMANCE ACKNOWLEDGEMENT BOND WASACKNOWLEDGED BEFORE ME THIS DAY-- .,BY (MT'E OF IS PERSONALLY KNOWN TO OF ME, OR HAS Notary (sEAL) Public - State of c:,c- Printed Name STATE OFAlabama COUNTY OF Jeftrson THE FOREGOING PERFORMANCE Notary Public - Stalc of Alabsma (sEAL) Tracl L. 6S € t+-frzlelCA C'e.C'?tAtart.€r tl,-- ll Oorr ACKNOWLEDGMENT BOND WAS ACKNOWLEDGED BEFORE ME THIS 14th OF Wllis of Alabama, lnc.WHO IS AS IDENTIFICATION. ,J WITNESSES:Westchs+Lqre lnsurancF qprypjny., R MqA-/avz(ffidSZJ ______-l-s \r_ ilardy Mltchell C. Scott Hull, Attorney-ln-Fact Florida Llcense No. 8159306 Preston Edwards lnolil.tirw 1 I I i { i l t I i t! ii , it i ; 16.A.7.b Packet Pg. 1208 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) C ALTF OR}.[IA ALL -PT]RPO SE CERTIFICATE OF ACKNOWLEDGMENT Slarc OI LATIIONUA Conty of dc€ 34cc.tt gsiE.aL *.ay Q er,r before Eet rf+oa. c,/cl €?€, ><1., q-,/yo T.q 4y 4 -A c ;< (H!'r! inr.il Errra ]d tiah of dE oficor) p€rsonally appearcd io a c'5 Ftrd €€4 who proved to me oE the basis of satisfactory evidence to be the person(slubose nam+Lis/cc subscribed to thc within instrument and acknourledged to oe that he/shslthey executed the sane h his/hedtbsir arthorizcd capacrty(iE&). aud tbet by tig/hcrAtdr sigpafir{Nn &e inetum€ot 6e persou(s), or the entity upon behalf of which the persm(s) actcd, orectrtcd ttrc insmm€,Dt. I certi8, uuder PENALTY OF PER IITRY under the laws of the Sate of Califomia that the foregoing paragraph is tnre and corEct WTINESS my bad strd official seal. (NourySal) Sigruuur ofNoary AIIDITIONAL OPTIONAL INFORIVIATION Commission ,18634f2 Nolary Publlc - Callfornlr LoE Ang!lr! Countt EDELMAII Comm. DESCRIPTTON OF THE ATTACHBD DOCUMENT y'gttF<-*-+aar do+q/ flitle or doscription of rorchod doamcnt) (Titlc or description of auacM doornrnt cominual) Number of Pagcs 3 Doctment Datc_ (Additionel infcmation) CAPACITY CLAIMED BY THE SIGNER I hdividrul (s) B Comorate Officert/.e-rdCA..?e+/ (Tidc, T D C fl Partnc(s) Attomey-in-Fact T'rustee(s) Othcr 200,! Vcrsrrr ('.\P,', vil.I0.0: $00-ti73-98n: sv,t.f'lotiu-/Clar.rc:..:onl ; I i I I i 1 i I j I I l t I I 16.A.7.b Packet Pg. 1209 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) rho .c,rtl3c.tfrty,. :: l1-li1r., ;,,1: ' E*b t.ti 1,) O. i;!$let{ .On t havchrrrsrto ANORNEY IT|AY NOT BE USEE f THE !ncr( oF fits gocultENT Ltsrs vAf,rous sEcuBlTv FEATURES I rHATfitl pnorEcr AGArNsr conrcourfiEnFEtrltto AgEFATtoI{. I 16.A.7.b Packet Pg. 1210 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. 5021329 KNOW ALL PERSONS BY THESE PRESENTS: that The Estates at TwinEagles, Ltd. 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 (hereinafter referred to as "Owner" and Bond Safeguard Insurance Company, 1919 S. Highland Ave., Bldg. A-Ste. 300, Lombard, lL 60148 (hereinafter referred to as "Surety") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of One Million Six Hundred Ninety Five Thousand One Hundred Eight and 25/100 Dollars ($1,695,108.25) 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 ce1tain subdivision plat named TwinEagles Phase 28 ( anitary Sewer System; Water System and Irrigation System) and that ce1tain 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 perf01m 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 incuned 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 fo1mal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful perfo1mance in accordance with the Land 16.A.7.b Packet Pg. 1211 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) 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 22nd day of February, 2006. Note: 2 witnesses for each signature S+:k {lOlcc ;tJ '� C4tl- Witness: _ C •--// )J{(c�z'.Yt.i___ ___ ��l l11tlo{t Witness: Principal: The Estates at TwinEagles, Ltd. A Florida Limited Partnership By: RCP/TE Management, LLC Its Manag · General P, arvey , estag, Vice P esident of Finance, Secretary/Treasurer Resource Conservation Properties, Inc. Surety: Bo d Safeguard In urance Company 2 16.A.7.b Packet Pg. 1212 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) -POWER OF ATTORNEY -AO 10600 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: _Micha�.!l.LScheer. James I. Moore, Christine Woods, Irene Diaz, Bonnie Kruae, Stephen T, Kazmer D� Peggy Faust. Kellv A. Jacobs ... �Marn...Jeonifer J. McC2mh,_Melisaa Sc"'hm=i=dt"-----­its true and lawful Attorney(s)-ln-Fact to make, execute. seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY w� David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ,---------------. "OFFICIAL SEAL" LYDIA J. DE JONG Notary Public, State of Illinois My Commission Expires 1/12/07 CER TIFICATE Lydia J. DeJong Notary Public I, the undersigned. Vice President of BOND SAFEGUARD INSURANCE COMPANY. An Illinois Insurance Company, DO HEREBY CE RTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 22nd ___ day of February ,20_0-6�-- Donald D. Buchanan Secretary 16.A.7.b Packet Pg. 1213 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On February 22, 2006, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires on June 15, 2006 16.A.7.b Packet Pg. 1214 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) L COLLTER COT]NTY GOVERNMENT November 5,2007 Mr. Steven Kazmer, Attorney-in-Fact Bond Safeguard Insurandce Company 1919 S. Highland Ave., Bldg. A, Suite 300 Lombard, IL. 60148 RE: Performance Bond No. 5021329 lT\e Estates at Twin Eagles, Ltd Twin Eagles Phase Two-B Utilities Bond Dear Mr. Kazmer: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $1,525,597.43, leaving an available balance of $169,510.82. An original Bond Rider should be directed to this office reducing the value of the Bond, "all other terms and conditions to remain in full force and effbct". Sincerely Senior Engineer Cc: Stan Chrzanowski, P.8., County Engineer Dominic Amico, AB&B a Phone(239)2ll-5866 Fax (239) 530-6201 *"vt rv. col I iergov.net COMMTJMTY DEVELOPN{ENTAND ET{VIRONMENTAL SERVICES DMSION Engineering Services Department 2800 North Horseshoe Drive. Naples, Florida 34lM' ,.*,,[H,]rrJ* 16.A.7.b Packet Pg. 1215 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) Bond Safeguard Insurance Company To be attached to and form a part of Bond No. 5021329 Effective: 02/22/06 Bond Amount: $1,695,108.25 Executed by: The Estates at TwinEagles, Ltd. 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 and by: Bond Safeguard Insurance Company 1919 S. Highland Ave., Bldg. A, Ste. 300 as Principal Lombard, IL 60148 as Surety in favor of: Collier County 2800 North Horseshoe Drive Naples, FL 34104 as Obligee in consi deration of the mutual agreements herein contained, the Principal and the Surety hereby consent to reducing the bond amount to: "One Hundred Sixty Nine Thousand Five Hundred Ten and 82/100 Dollars ($169,510.82)" Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective November 5, 2007 Signed and Sealed December 1, 2007 Principal: The Estates at TwinEagles, Ltd. By : a,. u}_{I@ Principal Surety: Bond Safeguard Insurance Company By: 0"-'-'-" :;( 21� Dawn L. Morgan• Attoey-in-Fact FL License HP011322 16.A.7.b Packet Pg. 1216 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) POWER OF ATTORNEY AO 55133 Bond Safe$uard rNsuRANcE coMPANy KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COIIIPANY, an lllinois Corporation with its Bouric Kruc, StcphcnT. Krm, DawnL. Mcgrqprincipal office in Lombard, lllinois, does hereby constitute and appoint:Jucr l. Moaq lrcnc Dirz, Pcgg Frust, Kclly A.Jrcobr, Elrlr Mrrcu, JcnniEr J. McConb, Mclissr Sclrmidl Jocl E. Spccbnan, Heethct A. Brck, T[krc M- Pirciotto its true and lawful Attomey(s)-ln-Fact or othsr writings obligatory in nature, to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings of a bond. This authottty is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as foflows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative ol the Company or other person or p€rsons as Attomey-ln-Fact to executo on behall ol the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,OO0,OOO.OO, One Million Dollars, which the Company might exscute through its duly elected offi@rs, and affix the seal of the Company ther€to. Any said execution of such documents by an Attomey-ln-Fact shall be as binding upon the Company as il they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-ln-Fact, so appointed, may be removed lor good cause and the authority so granted may be revoked as specified in the Power of Attomey. Resolved, that the signature of the President and the seal ol the Company may be aflixed by lacsimile on any power of atlomey granted, and the signature ol the Mce President, and the seal of the Company may be affixed by lacsimile to any certificate ol any suctt power and any such power or oenificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with rsspect to any bond or undertaking to whictr it is attached, continue to be valid and binding on the Company. lN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COIIPANY has caused this instrument to be signed by its President, and its Corporate sealto be affixed this ztt day of November, 2il)1. BOND SAFEGUARD INSURANCE COMPANY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally carne David E. Campbell to ms known, who being duly sworn, did depose and say that ho is the President of BOI{O SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behall ol the mrporation by authorig ol his office under the By-laws ol said corporation. TOtrIICIALSEAL' MAI'RD,ENICAYE Notrry Publlq Stetc of llltnob My Commhstou Erplrtr Wil109 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An lllinois lnsurance Company, DO HEREBY CERTIFY that the original Power of Attomey of which the foregoing is a true and conoct copy, is in full lorce and effect ard has not been revoked and the resolutions as s€t torth are now in force. Signed and Sealed at Lombard, lllinois this- ls.!--Day of December ?CI07 Wre4Pm \totary Puuni U A"-U fl Srrr/*, Donald D. Buchanan Secretary "WARNING: Any pcraon who knowingly and wlth lntent to defraud any lnsurance company or other person, lllec an appllcatlon lor inauranca or gtalement ol claim contalnlng any materlally false lnformatlon, or conceab lor th€ purpose of misleadlng, information concerning eny tact materlal thcr€to, commltr a fraudulsnt lnsurance act, whlch ls a crlme and ubiectc ruch person to crlmlnal and clvll pendtl6." BS1 Atalr-tEtl E'RATEIC(,AIY 16.A.7.b Packet Pg. 1217 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) State of: ITLINOIS County of: DUPAGE On December 1, 2OO'7, before me, Melissa SchmidE, a Notary Public in and for said County and State, residing tsherein, duly commissioned and sworn, personally appeared Dawn L. Morgan, known to me to be Attorney-in-Fact for Bond Safeguard Insurance Company, the corporation described in and that execuled the within and toregoing instsrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged tso me thats such corporation executed the same. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official sea1, the day and year sEatsed in this certificate above. My Commission Expires: June 23, 2008' Melissa sahmidE, Notary OFFiCIAL SEAL MELISSA SCHMIOT NOTARY Pl;rll rC - STATE 0F lLLlNOlS MY C0lvlMiSSlON EXPIRES:06P3i08 16.A.7.b Packet Pg. 1218 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) Bond No. K00502857 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that TwinEagles Developments AGR, L.L.C. 2000 Avenue Of The Stars, Suite 1020, Los Angeles, CA 90067 (hereinafter referred to as "Owner") and Westchester Fire Insurance Company 500 Colonial Center Parkway, Suite 200, Roswell, GA 30076 (678) 795-4385 (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 Sixty Nine Thousand Five Hundred Ten Dollars and 82/100----Dollars ($169,510.82) 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 tt1at whereas, the Owner has submitted for approval by the Board a certain subdivision plat named TwinEagles Phase Two B, AR-9287 Utilities Sewer. Water and Irrigation 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 Ovtner'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 14th day of January. 2011. 16.A.7.b Packet Pg. 1219 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) WITNESSES:TwlnEagles Developments, AGR, L.L.C. Bly: , -' i'l^-/ Prlnted Name Prlnted Name/Tltte (Provlde Proper Evldence of Authorlty) Prlnted Name /-Lr'r trn9fir/ ACKNOWLEDGETV!ENT STATE OF C*CoFo'14o4 COUNTY Of lcS %Grct THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAYoF T*4 t Qr I ? .2O_./_, BY (NAME OF AGKNOWLEDGER) AS CnTtq OF (trlAME OF COMPAN\) yWo lS PERSONALLY KNOWiI TO M E' oR HAs P R oCI U c EWii?'au *1s IDENTI F lcATloN' Notary (sEAL) Public - State of 4,f €$F*rn rcac, cc-sT;A, c'+t t€a- WITNESSES:Westchqster Fl re ln sur-angl$o_qpany?{_ l*.-,--ov{.ffi6ff-b\,4-/ -LJ \-, Hardy Mltchell C. Scott Hull, Attorney-ln-Fact Florida License No. E!59306 Preston Edwards Printed Narne ACKNOWLEDGMENT STATE OFAlebama COUNTY OF JefrerBon THE FOREGOING PERFORMANCE BOND WAS ACKNOW.EDGED BEFORE ME THIS 14ut DAY OF Januarv. 2011, BY C. Scott HullAS Attomey-lrrFacl OF Wtlle of Alabama, lnc. ltV]lO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED-AS IDENTIFICATION. Notary Publlc - SEtc of Alabame (SEAL) #-+B{35c"; 16.A.7.b Packet Pg. 1220 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) CALIFORNIA ALL-PT]RPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califorria - - Cotrnty of Zo.5 A+Ca/s-s go vt vt e t4'r 1€lo t t before we, t?aqo o z.t a *-zt-n lL lg,lfu? > A ac, e pcrsonally appeared Zoato Fat edc'z' who proved to me on the basis of satisfactory evidence to be thc person(+) whose name(r)jg/arc quUqiUea t9 the within irutnrmcnt aod asknowtedged to mc thatJrc/sh.tttcy cxecuted the samc in Els&€tAboir o{hodzed capacryr6i, and that by Lig/h*ftoir signanre(slon the instruocnt &e persoo@).gr thc entity upon behalf of which the person(tlcctc4 otccutcd thc instnrmcnt I oErtii, uDdsr PENALTY OF PER,JURY uuder the laws of the State of Califonria that the foregoiug paragraph is tnre and coneot. WITNESS my hand and official seal. dAo*,- Sigilurcof Public oommlsolon, NotarY Publlc' 1em472 Callfornlr Loi Angeles CountY ADDMONAL OPTIONAL INF,ORII{ATION DESCRIPTION OF TITE ATTACHED DOCUMENT Cfitf oiacrslpt- of atradrcd do<lrrcnt sqrtinued) Number of Pages .l. Document Date- (Addidonrl informetion) CAPACIry CLAIMED BY THE SICNER tr lndividual (s) EfCorporarc Officer trrcS'y'.?tF'(r€47 ('Iitlcl D n I :l Parmer(s) Anorncy-in-Fact Trustce(s) Othcr ItX)i. rvcrsrrn ( r.Pr\ vll.l(1.0? !{00-8?:1.9865 wi"w NotilruClns:dl.(()m ?q.AFc4.t4qe.- AotA (Titlo ot dcscription of rrhGd dootmnt; 16.A.7.b Packet Pg. 1221 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) l::..i., :}: '{r :::ii.! ij",::: , l:l ';.., :. i: .ir :,: l. ; ?-: E e I mEB cxoFrutsoocuxErlusrsvAnlotssEcuntryFE IJRES I THA?ULL PROTECT AOANAI OOFV COUNIIFFE]T AI{D ATTERANOil. I .::: : : i,lr ::,1:, i I I t ! I Il i II t i : ]I I j 16.A.7.b Packet Pg. 1222 Attachment: Bond Basis (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.c Packet Pg. 1223 Attachment: Resolution (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.c Packet Pg. 1224 Attachment: Resolution (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1225Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1226Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1227Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1228Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1229Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1230Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1231Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1232Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1233Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1234Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1235Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1236Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1237Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1238Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1239Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1240Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B) 16.A.7.dPacket Pg. 1241Attachment: Plat Map (8353 : Final Acceptance - TwinEagles Phase Two B)