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Agenda 11/10/2020 Item #16A 3 (Resolution - Final acceptance)16.A.3 11/10/2020 EXECUTIVE SUMMARY Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of StoneCreek - Plat Two, Application Number PL20160000810, 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, and release the maintenance security. CONSIDERATIONS: 1) On March 29, 2018, the Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in StoneCreek - Plat Two. 2) The roadway and drainage improvements will be maintained by StoneCreek Property Owners Association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements on October 5, 2020, and is recommending final acceptance of the improvements. 4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the StoneCreek Property Owners Association. The existing security in the amount of $482,901.40 will be released upon Board approval. The original security in the amount of $3,556,988.60 has been reduced to the current amount of $482,901.40 based on the previous work performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated December 13, 2016. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in StoneCreek - Plat Two, Application Number PL20160000810, and authorize: 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: Lucia S. Martin, Associate Project Manager, Development Review ATTACHMENT(S) 1. Location Map (PDF) 2. Resolution (PDF) 3. Bond Basis (PDF) 4. Plat Map (PDF) Packet Pg. 898 16.A.3 11/10/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doe ID: 13810 Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of StoneCreek — Plat Two, Application Number PL20160000810, and authorize the release of the maintenance security. Meeting Date: 11/10/2020 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 10/06/2020 9:07 AM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 10/06/2020 9:07 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Growth Management Development Review Chris Scott Growth Management Department Judy Puig Level 1 Reviewer Growth Management Operations & Regulatory Management Rose Burke Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Matthew McLean Additional Reviewer Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review County Attorney's Office Derek Perry Level 2 Attorney Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Additional Reviewer Completed Additional Reviewer Completed Completed 10/07/2020 8:39 AM Additional Reviewer Completed Completed 10/12/2020 10:30 AM Completed 10/12/2020 10:45 AM Completed 10/12/2020 1:20 PM Completed 10/12/2020 4:42 PM Completed 10/15/2020 2:23 PM Completed 10/15/2020 4:21 PM Completed 10/16/2020 11:30 AM Completed 10/16/2020 2:19 PM Completed 11/02/2020 9:52 AM 11/10/2020 9:00 AM Packet Pg. 899 16.A.3.a STONECREEK - PLAT TWO LEE COUN rY COLLIER COUNTY 4 3 2 SUBJECT j QUAIL WEST [TE 9 10 11 4 QUAIL CREEK 16 w 18 17 15 14 w 5yp h • k ry} c 19 J �I I5 �.Jy i6 21 L I L) � III 9 C_R_ S46 IIIVIMO�AL.E ROAD 0 28 27 26 LOCATION MAP Packet Pg. 900 16.A.3. b RESOLUTION NO.20- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN STONECREEK — PLAT TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 62, PAGES 5 THROUGH 12, AND RELEASE OF THE MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 13, 2016, approved the plat of StoneCreek — Plat Two 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 the maintenance security; and WHEREAS, the Development Review 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 M COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in StoneCreek — Plat Two, o pursuant to the plat thereof recorded in Plat Book 62, pages 5 through 12, and the Clerk is hereby authorized to release the maintenance security. as BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage c improvements within StoneCreek — Plat Two will be maintained privately in the future E and will not be the responsibility of Collier County. �a a Page 1 of 2 Packet Pg. 901 16.A.3.b This Resolution adopted after motion, second and majority vote favoring same, this day of , 2020. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to form and legality: Derek D. Perry �p Assistant County Attorney O�V Burt L. Saunders, Chairman Page 2 of 2 Packet Pg. 902 16.A.3.c CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this il- 'r"'y day of 17�,: C, , 20�0 between Parklands Associates I, LLLP., a Florida limited liability company, 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: StoneCreek Plat Two. 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 water, sewer, paving and drainage improvements within 12 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 $3,556,988.60 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 Pg. 903 16.A.3.c 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 required 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 Pg. 904 16.A.3.c IN WITNESS WHEREOF, the Board and the Developer have c,ued this Agreement to be executed by their duly authorized representatives this I day of C--C.* , 20_L6 SIGNED IN THE PRESENCE OF: Printed name: 1 "1 Printed nab: CvlfTy DWIGI- V-tR CLE as to Chairman's to f tYffiA*al : F,W 1-5}r>nSt, stant County Attorney PARKLANDS ASSOCIATES I, LLLP. By: W � Q-C�� Name: W%%&4A -, m. Title: Ditty of tl7 bfjgA&PMK'JT BOA OF CO TY COMMISSIONERS OF LIER CO T FLORIDA By: T w Q Packet Pg. 905 16.A.3.c COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Parklands Associates I, LLLP 1600 Sawgrass Corporate Parkway, 4`h Floor Sunrise, FL 33323 (hereinafter referred to as "Owner") and IRONSHORE INDEMNITY, INC. 9850 NW 41" Street, Suite 100 Miami, FL 33178 Bond No. SUR811000024 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Three Million Five Hundred Fifty Six Thousand Nine Hundred Eighty Eight and 60/100 Dollars ($3,556,988.60) 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 StoneCreek Plat Two PL20160000810 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 8th day of November, 2016. Packet Pg. 906 16.A.3.c Owner Parklands Associates I, LLLP by: Parklands Genpar Corporation, its General Partner oe(Corporate Seal) Bram`- N. M is eneri`dez,—*i6e Pres`t State of Florida County of Broward I HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared N. Maria Menendez, Vice President of Parklands Genpar Corporation, to me known to be described in and who executed the foregoing instrument and acknowledged to and before me that they executed the same. Witness my hand and official seal in the county and state last aforesaid this 8th day of November, 2016. CAROLYN C TORRISI Notary lic, State of Florida MY COMMISSION #FF177184 yA or '••'.,ad?:' EXPIRES January 3, 2019 (407) 39"153 FloridallotaryServlce.com My commission expires Surety Attest: Ironshore Indemnity, Inc. ECorporate Seal) As Per Attached Power of Attorne Y BY fL �` ti / K2 � _ Da�0 le A. Belis, Attorney -In -Fact and Florida Resident Agent ^ State of Florida County of Miami -Dade Before me this day personally appeared D.A. Belis, Attorney -In -Fact for Ironshore Indemnity Inc., who, being duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and accuracy of the statements in the foregoing instrument. Witness my hand and official seal in the county and state last aforesaid this 8th day of November, 2016. o ary Pu lic, State of Florida j"Ov � , N. Elif Asian COMMISSION OFF901095 My commission expires EXPIRES: August 30, 20t9 '�R ��. WWW. ON OTARY.COM Packet Pg. 907 POWER OF ATTORNEY III- SUR81100024 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: Dale A. Belis its true and lawful Attorneys) -in -Fact to make, execute, seal and deliver for, and on its behalf as surety and and 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 IRONSHORE INDEMNITY INC. on the 22" d day of April, 2013 as follows: Resolved, that the Director 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 $10,000,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, 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 of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7ch day of August, 2013 IRONSHORE INDEMNITY INC. SEAS y1919 "— By. Dart a L. Sus n Director ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , 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. -1 TAYLOR Notery DbI-SIMofTmnes ea A— county ";_�,p My Commis9ion Explrn of-Cbf9 BY 44 EN� Amy aylor NotarV Public CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota 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 Sealed at this Bth Day of November 20 16 SEAL" 1919 1919 Paul S. Gi clan Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Packet Pg. 908 16.A.3.c StoneCreek Plat Two 111412016 Category Item Units Amount Unit Price Total Water 8" PVC DR-14 Water Main w/Fittin s 440 LF $25.00 S11,000.00 8" PVC DR-18 Water Main wlFittin s 12,076 LF $22.00 $265,672.00 10" PVC DR-18 Water Main w/Fittin s 168 LF $32,00 $5,376-00 8" Gate Valve 28 EA $1,320 00 $36,960.00 Single Water Service 57 EA $825.00 $47,025.00 Double Water Service 137 EA $900A0 $123,300 00 Fire Hydrant w16" Gate Valve 28 EA $4,000.00 $112,000.00 Connection to Exist. Main 3 EA $2,500.00 $7,500.00 Permanent Sampling Station 1 EA $1,350.00 $1,350.00 Sub -total $610,183.00 Sewer 8" PVC 0'-6' Cut 3,122 LF $18.00 $56,196.00 8" PVC 6'-8' Cut 2,885 LF $22,00 $63,470.00 8" PVC 8'-10' Cut 2,601 LF $27.00 $70,227.00 8" PVC 10'-12' Cut 1,399 LF S33.00 $46.167.00 8" PVC 12'-14' Cut 923 LF $40.00 $36,920.00 8" PVC 14'-16' Cut 183 LF $60.00 $10,980-00 Manhote 0'-6' Dee 16 EA $5,000.00 $80,000.00 Manhoie 6'-8' Dee 13 EA $6,000.00 $78,000.00 Manhote 8'-10' Dee 11 EA $7,000.00 $77,000,00 Manhole 10'-12' Dee 5 EA $8,000.00 $40,000.00 Manhole 12'-14' Dee 5 EA $9,000.00 $45,000.00 6" Sin le Sewer Service Lateral 55 LF $765.00 $42,075.00 6" Double Sewer Service Lateral 138 LF $860.00 $118,680.00 Sub -total $764,715.00 Drainage 15" RCP 602 LF $27.00 $16,254.00 18" RCP 1,499 LF $35.00 $62,465.00 24" RCP 2,684 LF $45.00 $120,780,00 36" RGP 2,940 LF $70.00 $205.800.00 15" Flared -end Section 1 EA $1,190.00 $1.190.00 18" Flared -end Section 7 EA $1,390.00 $9,730.00 24" Flared -end Section 13 EA $1,450.00 $18,850.00 36" Flared -end Section 16 EA $2,000.00 $32,000.00 Vafley Gutter Inlet 59 EA $3,500.00 $206,500.00 Junction Box 2 EA $3,190,00 $6,380.00 Spreader Swale Inlet 1 EA $2,460.00 $2,460.00 Water Control Structure 1 EA $8,500,00 $8,500.00 Erosion Control 1 EA $7,500.00 $7,500.00 Sub -total $688,409.00 Paving 1" S-III AC First Lift 29,910 SY $5.12 $153,139,20 3/4" S-III AC Second Lift 29,910 SY $4.68 $139,978.80 6" Limerock Base 29,910 SY $7.75 $231,802.50 12" Stabilized Subgrade 36,873 SY $2.00 $73,746.00 2' Valle Gutter 24,210 LF $9.50 $229.995.00 3'Vailey Gutter 210 LF $26 50 $5,565.00 Type 'F'Curb and Gutter 540 LF $12,50 $6,750.00 5' Concrete Sidewalk 17,510 SF $3 25 $56,907.50 Pavement Markings & Si na e 1 LS $19,560.00 $19,560.00 Handicap Rams 250 SF $27.50 $6,875.00 Gravel Construction Entrances 3 EA $275.00 $825.00 Sub -total $924,319 00 Landsca in 1 Irrigation Common & RAN - Landsca ellrri . 235,000 SF $0.25 $58,750.00 Lake Bank - Sod/Irrigation 235,000 SF $0.35 $82,250.00 Sub -total $141,000.00 Street Lights Cobra Head Street Lights FPL 2 EA $3,000.00 $6,000. 00 Traditional Street Lights FPL 66 EA $1,500.90 $99.000.00 Sub -total $105,000.00 IL .r Q Total $ 3,233,626.00 Bond Amount = Total x 110% $ 3,556,988.60 16.A.3.c QBE INSURANCE CORPORATION GENERAL PURPOSE SURETY RIDER To be attached to and form a part of Bond No. SUR81100024 effective November 8, 2016 issued by Ironshore Indemnity, Inc., as Surety on behalf of Parklands Associates 1, LLLP, as Principal, in favor of the Collier County, as Obligee for the bond identified as StoneCreek Plat Two PL 20160000810. Now Therefore, it is agreed that the subject bond shall be amended as follows: Effective the 8th day of November, 2017 the Surety Company and the Bond No. shall be amended as follows: From: Ironshore Indemnity, Inc., Bond No.: SUR81100024, Assignor To: QBE Insurance Corporation, Bond No.: BND21577358, Assignee As of the effective date of this rider, QBE Insurance Corporation assumes the liability of Ironshore Indemnity, Inc., and Ironshore Indemnity Inc., is hereby released of any further obligations of this bond. Except as modified herein, said Bond shall be and remain in full force and effect. IN WITNESS WHEREOF the Principal and Assignor Surety and Assignee Surety have executed these presents this 51h day of September, 2017. Parklands Associates 1, LLLP By: Parklands Genpar Corporation, Its General Partner By: STATE OF FLORIDA COUNTY OF BROWARD FAZWOMFOMEW Before me personally appeared, N. Maria Menendez, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that she executed said instrument for the purpose there expressed. Witness my hand and official seal, this 5th day of September, 2017. E "`, CAROL" C TORRISI My COMMISS10N #FF1771&4 EXPIRES January 3, 2019 g-0153F10[idEfiotB Se r4 ce.com Notary Public Packet Pg. 910 16.A.3.c Ironshore Indemnity, Inc. nor Surety) By: Dale A.. elis, Attorney -In -Fact STATE OF FLORIDA COUNTY OF MIAMI-DADE QBE surance Cor Lion r " qe-Surety) kj By Dale A. Belis, Attorney-Irt-tact 77 I hereby certify that on this day, before me, an officer duly qualified to take acknowledgments, personally appeared, Dale A. Belis, Attorney -In -Fact of Ironshore Indemnity, Inc., as Assignor and QBE Insurance Corporation, as Assignee, to me known to be described in and who executed the foregoing Rider and acknowledged before me that they executed the same. Witness my hand and official seal in the county and state last aforesaid, this 5th day of September, 2017. �,� ;� + s '�. • �.�� H. EN ASW oo�issa�► moos EXPIRE&AWN130,201! www.AaallNumyto�fill Notary Public Packet Pg. 911 16.A.3.c POWER OF ATTORNEY III- SUR81100024 Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS, that IRONSHORE INDEMNITY INC., a Minnesota Corporation, with its principal office in New York, NY does hereby constitute and appoint: Dale A. Belis its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety and and 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 IRONSHORE INDEMNITY INC. on the 22"d day of April, 2013 as follows: Resolved, that the Director 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 $10,000,000 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 Director and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, 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 of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, IRONSHORE INDEMNITY INC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this 7th day of August, 2013 r o�pogq�.i ' ( SEAL L,1919 "h? 01 IRONSHORE INDEMNITY INC. ACKNOWLEDGEMENT On this 7th Day of August, 2013, before me, personally came Daniel L. Sussman to me known, who being duly sworn, did depose and say that he is the Director of Ironshore Indemnity, Inc. , 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. CERTIFICATE I, the undersigned, Secretary of IRONSHORE INDEMNITY INC., a Minnesota 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 Sealed at this 5th Day of September 20 17 y opvUq� . ' SElL 7919 "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." Packet Pg. 912 16.A.3.c WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BLUE BORDER QBE. POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS, that QBE Insurance Corporation (the "Company'), a corporation duly organized and existing under the laws of the State of Pennsylvania, having its principal office at 88 Pine Street, New York, NY 10005. has made. constituted and appointed, and does by these presents make. constitute and appoint Date A. Belis of Marsh & McLennan Agency, LLC of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of financial guaranty Insurance, to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York, without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following resolutions, which were duly and validly adopted at a meeting of the Board of Directors of the Company with effect from June 30. 2014 RESOLVED, that the Chief Executive Officer, any President. any Executive Vice President, any Senior Vice President, any Vice President, the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys - in -Fact and agents to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time, FURTHER RESOLVED. that any bond recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or con6tional undertaking will be valid and binding upon the Company when (a) signed by any of the aforesaid authorized officers, or (b) duly executed (under seal, it required) by one or more Attorneys -in -Fact and agents pursuant to the power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and FURTHER RESOLVED.. that the signature of any authorized officer and the seat of the Company may be drawn on or affixed by tacsirnile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed The Company may continue to use for the purposes herein stated the facsimile or electronically reproduced signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this December 21. 2016 (Seal) STATE OF FLOWDA Attest By: — Brett Halsey Senior Vice President COUNTY OF SEMINOLE )SS } QBE INSURANCE CORPORATION B y : `' `A3i Matt uurran Senior Vice President On this December 21, 2016. before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice Presidents of QBE Insurance Corporation. and that each. as such, being authorized to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporation y each as a duly authorized officer. LISA M PARENT NOTARY PUBLIC - STATE pF FLORIOA By; too cOMMISbION#r FF104252 isa M Parent, Notary Public EXPIRES 5/16/2018 RONDFD T*UiU 1-M-NOT060'rt CERTIFICATE I, Jose Ramon Gonzalez, Jr , the undersigned, Corporate Secretary of QBE Insurance Corporation do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney, that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth herein, who executed the bond or undertaking tG which this Power of Attorney is attached, is in full force and effect as of this date Given under my hand and seal of the Company, this 1206'- day of v�i t`- � _ 207 (Seal) By: I.: R . /1 Jose Ramon Gonzalez. Jlr . Corporate .9eacretary 0 3 H d Y m ar rJ a� c 0 r rn a� 0 C R rL m Q Ta c ii 0 0 M N R m c 0 m r c d E t 0 M r a Packet Pg. 913 16.A.3.c Co Ter COU ty Growth Management Department Development Review Division February 5, 2018 Ironshore Indemnity, Inc. 9850 NW 41 st St., Ste. 100 Miami, FL 33178 RE: Performance Bond No. SUR811000024 / Parklands Associates I, LLLP Stonecreek Plat Two, our project reference PL20160000810 Dear Sir or Madam: Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $3,074,087.20, leaving an available surety of $482,901.40. The remaining surety represents $159,538.80 in uncompleted improvements, plus the 10% maintenance security of $323362.60. An original Bond Rider should be submitted to this office reducing the value of the security, "all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, JOHN HUgLDSWORYN John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Craig Callis, Parklands Associates Development Review Mion • 2800 North Horseshoe Dmre • Naples, Florida 34104. 239-252-2400 • www.coliergovnet Packet Pg. 914 16.A.3.c GENERAL PURPOSE RIDER To be attached to and form part of Bond Number BND21577358 effective November 8, 2016 issued by the QBE Insurance Corporation. in the amount of Three Million Five Hundred Fifty Six Thousand Nine Hundred Eighty Nine and 00/100 Dollars ($3,556,989.00) Dollars, on behalf of Parklands Associates I, LLLP as Principal and in favor of Collier County, Florida as Obligee: Now Therefore, it is agreed that: The Penal Sum of the Bond shall be decreased as follows: Bond Increased from: Three Million Five Hundred Fifty Six Thousand Nine Hundred Eighty Nine and 00/100 Dollars ($3,556,989.00) Bond Increased to: Four Hundred Eighty Two Thousand Nine Hundred One and 40/100 Dollars ($482,901.40) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 5th day of February, 2018. Signed, sealed and dated this 13th day of February, 2018. Parklands Associates I, LLLP By: Parklands Genpar Corporation, its General Partner (Principal) BY� dY1C1 N. M a Mene z, Vic Pre dent Accepted by: QBE Insurance Corporation (Surety) By: Q_ Dale A. Belis Attflrney-In-Fact Packet Pg. 915 16.A.3.c WARNING' THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BLUE BORDER QBE POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS, that QBE insurance Corporation (the "Company'), a corporation duly organized and existing under the laws of the State of Pennsylvania, having its principal office at 55 Water Street 200' Floor, New York, NY 10041, has made, constituted and appointed, and does by these presents make, constitute and appoint Dale A. Bells of Marsh & McLennan Agency, LLC of Miami, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of financial guaranty insurance, to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York, without giving effect to the principles of conflict of laws. This Power of Attorney is granted pursuant to the following re5olutions, which were duly and validly adopted at a meeting of the Board of Directors of the Company with effect from June 30, 2014: RESOLVED, that the Chief Executive Officer, any President, any Executive Vice President, any Senior Vice President, any Vice President, the Corporate Secretary or any Assistant Corporate Secretary is authorized to appoint one or more Attorneys - in -Fact and agents to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time; FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking will be valid and binding upon the Company when (a) signed by any of the aforesaid authorized officers; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and agents pursuant to the power prescribed in his/her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and FURTHER RESOLVED, that the signature of any authorized officer and the seat of the Company may be drawn on or affixed by facsimile or electronically transmitted by email to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile or electronically reproduced signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this December 15, 2017. Attest: �Q QBE INSURANCE CORPORATION (Seal) By: LJ - ^ y By: Brett Halsey Matt Curran Senior Vice President Senior Vice President STATE OF NEW YORK ) )SS: COUNTY OF NEW YORK ) On this December 15, 2017, before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice Presidents of QBE Insurance Corporation, and that each, as such, being authorized to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporation by each as a duly authorized officer. HarprW Kaur Mann . By Notitty Public, State of New York - -- Na 02MA6335099 Harpre our Mann, Notary Public QuatiSed is New York County Commmion Expirm Dmmber28,2019 CERTIFICATE I, Jose Ramon Gonzalez, Jr., the undersigned, Corporate Secretary of QBE Insurance Corporation -do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney tta3 not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth herein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. _ Given under my hand and seal of the Company, this i3k day of (Seal) •^� By: Jose Ramon Gonzalez, Jr., Corporate Secretary Packet Pg. 916 zi �QUZ QW p�oc ( O J �Q �� a O� WW W � m per- QW O< Vic) O Z m O (3kz OQ Q� L� V 1 �O� QjZ W oc OW N" `Cv J C) W Z � W J W Z~ Q O ti W U ` Z W Q Q W Q n LL s O coW Q:: Lu �UQ Z czW� _LU W Q? cn cQ tiCJ Ov Co co isC, J Wv LtiaLQ- C() Q ?Z� C,) OC) O W oc 4p j = �0 W� Z(ti p OjW Z O Q �Q QO oc O� W �QO � W W �W WW W� C �C� W LL-iQW U c) O W W� �Z mp �a W Q�� Z:Lj W k- �W �z wQ v= Q ,, z i �� co i �W�p -. 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