Agenda 12/08/2020 Item #16A13 (Resolution for final acceptance of private roadway drainage improvements)12/08/2020
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 Artesia Naples, Phase 3,
PL20130002538, 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 April 22, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Artesia Naples, Phase 3.
2) The roadway and drainage improvements will be maintained by Artesia Naples Master
Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on September 17,
2020, 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 Artesia Naples
Master Association, Inc. The existing security in the total amount of $393,374.15 will be released upon
Board approval. The original security in the amount of $3,225,189.55 has been reduc ed to the current
amount based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated May 13, 2014.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To have the Board accept final acceptance of the roadway and drainage
improvements in Artesia Naples, Phase 3, Application Number PL20130002538, 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, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.13
Packet Pg. 1424
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 13680
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 Artesia
Naples, Phase 3, PL20130002538, and authorize the release of the maintenance security.
Meeting Date: 12/08/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/21/2020 11:00 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
10/21/2020 11:00 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/21/2020 12:12 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/21/2020 1:28 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/22/2020 9:28 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/26/2020 12:06 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/02/2020 9:48 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2020 1:38 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:36 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/17/2020 9:34 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2020 9:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2020 10:58 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2020 12:20 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/24/2020 12:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.A.13
Packet Pg. 1425
ARTESIA NAPLES PHASE 3
LOCATION MAP
16.A.13.a
Packet Pg. 1426 Attachment: Location Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this 13{~ day o6 AWAY, 2014, between WCI Communities, LLC, a Delaware 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 certain plat of a subdivision to be known as: Artesia Naples-Phase 3.
B. Chapter 4 and 10 of the Collier County Land Development Code required 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: site improvements including but not limited to, clearing, filling,
excavation, installation of roadway improvements and utilities associated with Artesia Naples-Phase 3
Within twelve (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 $3,225,189.55, which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated 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 may call upon the subdivision
performance security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished to be
reviewed and approved by the County Manager or his designee for compliance with the Collier
County Land Development Code.
5. The County Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the County
Manager's approval of the 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 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 re q u i red
improvements shall continue unless or until the Board accepts maintenance responsibility for and by
the County.
16.A.13.b
Packet Pg. 1427 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
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.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 1.31 day of MflY 2014.
SIGNED IN THE PRE CE OF: WCI Communities, LLC, a Delaware limited liability
r\ company
JAJ By:
Printed Name
e.
Paul Erhardt, Senior Vice President
Provide Proper Evidence of Authority)
Printed Name
ATTEST:
ar
DWIGHT E,BROCK,,CLE#tK BOARD O CO. Y COMMISSIONERS
OF CO ER C• TY, FLORIDA
B 1. I
y
f
Deputy-clerk T t.r 1e nn,r
App ,•ved' • or
C
And legality:
ly,.
5t 5%k A
Assistant County Attorney
16.A.13.b
Packet Pg. 1428 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. K09002376
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI COMMUNITIES, LLC
24301 WALDEN CENTER DRIVE
BONITA SPRINGS, FL 34134
hereinafter referred to as "Owner")and
WESTCHESTER FIRE INSURANCE COMPANY
436 WALNUT STREET
PHILADELPHIA, PA 19106
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 Two Hundred Twenty Five Thousand One
Hundred Eighty Nine and 55/100 Dollars ($3,225,189.55) 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 Artesia Naples Phase 3, PL20130002538 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 this 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 K09002376 to be executed this
20th day of May, 2014.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND K09002376 to be
executed this
20th day of May, 2014.
mmunities, LLCWITNESSES: WCI Co
i t INt SlaFEK By:
11Ck --.s
She; t ics f,eside
U/Iltatie , f/uiyhc
16.A.13.b
Packet Pg. 1429 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
ACKNOWLEDGEMENT
STATE OF 70/i'
COUNTY OF Zef
THE FOREGOING PERFORMANCE BAND WAS ACKNOWLEDGED BEFORE ME THIS: , DAY OF 'r(Q
20 / BY-5he1/2 Led-4,Reu.sr"Re-AL OFGit.s(1:n'n4'4/hc LccWHO IS PERSONALI:7 KNOWN
TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Nogary Public - State of
TTI.RUTH J MARIANETTI SEAL)
itiLdn6/7-/ s Notary Public, State of Florida
My comm. expires June 15, 2018intedNameitittooCommissionNumberFF106307
WITN .S / • p " Westchester Fire Insurance Company
A By: 111)'`
o.
rgarit olg
Stacy Killebrew, Attorney-in-Fact
Jo-"-ph R. Popl. ski Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Colorado
COUNTY OF Denver
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 20th DAY OF May, 2014, BY
Stacy Killebrew AS Attorney-in-Fact OF Westchester Fire Insurance Company WHO IS PERSONALLY KNOWN TO ME,
OR HAS PRODUCED Driver's License AS IDENTIFICATION.
Notary Public - State of Colorado Kathleen K Freund
Notary Public (SEAL)
State of Colorado
My Commission Expires February 11,2015
Kathleen K. Freund
14-EIS-02650/7
16.A.13.b
Packet Pg. 1430 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
r _
II
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all men by these presents:That\VESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
RESQLVEi.that the folloiying authorizations relate to the execution,for and on behalf of the Company,of bonds,undertaking,recognizances contracts and other written commitments of the Company
entered into the ordinary course of business(each a"Written Commitment")
tI)Each of the Chairman,the President and the Vice Presidents of the Compaiy is hereby authorized to execute any Written Commitment for and on behal rot"the Company,under the seal of the Company or
otherwise
2)Each dull appointed attorney—in-foci of the Comports is hereby authorized to execute any Wntten Commitment for and on behalf of the Cannon; under the seal of the Company or otherwise,to the extent that
1suchactionnauthorizedbythegrantofpursersprovidedforinsuchpersonsssnttenappointmentassuchattorney-in-fact
3)Each of the Chairman,the President and the Vice Presidents of the Company is hereby.authorized,for and on behalf of the Company to appoint in is rirnig any person the attomc'-in-fact of the Company ssithfullpasserandauthoritytoexecute,for and on behalf of the Comparry,under the seal-of the Company or othenyise.such Written Commitments of the Company as may be specified in such wrntenappointment,which speulicaton may be by general type or class of Written Commitments or by specification of one or more partrcutar Written Commitments
4)Each of the Chairman,the President and Vree Presidents of the Company in hereby authorzed,for and on behalf of the Company,to delegate in writing any other officer of die Company the authority toexecute,for and on behalf of the Company,under the Company s seal or othenese.such Written Commitments of the Company as are specified in such ssmien delegation.which specification may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments.
5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolation.and the seal of die Company,may be affixed by facsimile on such
Written Contmi(ment or written appointment or delegation.
FURTHER RESpLVt3D,that the foregoing Resolution shall not be deemed to be at exclusive statement of the powers and authonp of officers.employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or otherwise;affect the exercise of any such power or authority otherwise validly granted or rested.
Does hereby nominate,constitute and appoint Joseph R Poplawski,Kathleen K Freund,Margarita Ilolguin,Stacy Killebrew,all of the City of DENVER,Colorado,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any andallbonds,undertakings,recognizanees,contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million dollars&zero cents525,000.000.00)and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly
executed and acknowledged by the regularly elected officers of the Company at its principal office.
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 5 day of April 2013.WESTCHESTER FIRE INSURANCE COMPANY
Gar
tip
b`
l Shen M-Raney,Vice Presider's
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 5 day of April,AD.2013 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.
Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed theprecedinginstrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company:thatthesaidcorporatesealandhissignatureweredulyaffixedbytheauthorityanddirectionofthesaidcorporation,and that Resolution,adopted by the Board of'Directors
of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
rter ',.„.
I 74,,,,• "c4:4;',,...,:•.• 'lls COMMAMWVJ.tx Or'IKNNI'tVAWA
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F X, , NOTARIAL SEAL
4 KAREN E BRAT DT,4ccat,
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igc
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ii{r3 thy Corr% Mt 201 years Fuhllr
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w I,the undersigned Assistant Secretary of the WESTCIIESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
o which the foregoing is a substantially true and correct copy,is in full force and effect.
co',
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,attd affixed the corporate seal of the Corporation,this r+ day of y.,/1 i}"J
LL
z !. xxarat
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u' 3' Witl ant L xxiiy,Assistant is'rWry
co-
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER April 05,2015.
o
1E0
LL
I r
II THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES • THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. •
16.A.13.b
Packet Pg. 1431 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
Growth Management Division
Development Review
April 22, 2015
Westchester Fire Insurance Company
436 Walnut Street
Philadelphia, PA. 19106
RE: Performance Bond No. K09002376 / WCI Communities
Artesia Naples Phase 3
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $1,436,418.40, leaving a remaining balance of
$1,788,771.15. The remaining balance represents 10% of the original revised contract
plus 100% of the remaining improvements.
An original Bond Rider should be directed to this office reducing the value of the
Performance Bond, "all other terms and conditions of 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,
'Jofc1t Uo-.edswortfc
John R. Houldsworth
Senior Site Plans Reviewer
Cc: Matt McLean, Principal Planner
Mike Delate, P.E., Q. Grady Minor
Reading File
Growth Management Division/Development Review • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400
16.A.13.b
Packet Pg. 1432 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
SURETY RIDER
To be attached to and form a part of
Bond No. K09002376
Type of PErfomance
Bond:
dated
efiective May 20, 2014
(MONTH.DAY.YEAR)
executed by WCI Communities, LLC
(PRINCIPAL)
, as Principal,
and by W6tchaster Firc lnsurancE ComPany
(suREw)
, as Surety,
In tavor of Colller County, Florida
(oBtlGEE)
in consideration of the mulual agreements herein contained the Principal and the Surety hereby consent to changing
The bond amount
From: Three Million Two Hundred rwenty Five ThoEand one Hundrcd Eighty Nine and 55/100 ($3'225"189'55) DollaIs
To: One Mittion Seven Hundred Elghty Eight Thousand Seven Hund,ed Seventy Ons and 15r100 (il,788,771.15) Dollas
Nothing herein conlained shatlvary, aller or extend any provision or condition oflhis bond except as herein expressly slated
This rider is effective
Signed and Sealed
April 23, 2015
GTONTH.DAY.YEAR)
Aprll 23, 2015
(Ii,loNTH-DAY-YEAR)
WCI Communities, LLC
(PRINCIPAL)
By:
(PRINCIPAL)ct kt cc ide^tt
Westchester Fire lnsurance
RETY)
By:
Stacy Ki
90443/GEEF 10/99
16.A.13.b
Packet Pg. 1433 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
ev C-outty
Growth Management Division
Development Review
December 17,2015
Westchester Fire Insurance Company
436 Walnut Street
Philadelphia, PA. 19106
RE: Performance Bond No. K09002376 IWCI Communities
Artesia Naples Phase 3
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $1,395,397.00, leaving a remaining balance of
$393,374.15. The remaining balance represents $293,199.05 as the required 10%
maintenance security, plus $100,115.10 as 100% of the remaining improvements.
An original Bond Rider should be directed to this office reducing the value of the
Performance Bond, "all other terms and conditions of 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,
loAn Hou0dewoilA
John R. Houldsworth
Senior Site Plans Reviewer
Cc: Matt Mclean, Principal Planner
Mike Delate, P.E., Q. Grady Minor
Project File
Growth Management Division/Development Review o 2800 North Horseshoe Drive o Naples, FL 34'104 o 239-252-2400
16.A.13.b
Packet Pg. 1434 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
SURETY RIDER
To be attached to and form a part of
Bond No. K09002376
Type of Performance
Bond:
dated
effective May 20, 2014
(MONTH,DAY.YEAR)
executed by WCI Communities, LLC
(PRtNCtPAL)
, as Principal,
and by Westchester Fire lnsurance Company
(SURETY)
, as Surety,
in favor of Collier County, Florida
(OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
The bond amount
From: One Million Seven Hundred Eighty Eight Thousand Seven Hundr€d Seventy One and 15/100 ($1,788,771.15) Dollars
To: Three Hundred Ninety Three Thousand Three Hundred Seventy Fourand l5l100 ($393,374.15) Dollars
Nothing herein contained shall vary, alter or extend any provision or condilion ofthis bond except as herein expressly stated
This rider is effective
Signed and Sealed
December 17, 2015
([,toNTH-DAY-YEAR)
December2'1,2015
(MONTH DAY YEAR)
WCI Communities, LLC
(PR
By:
NC tte
Westchester Fire lnsurance Company
(SURETY)
By:
v<-
Stacy Kil rew, AttomeyJn-Fact
S-0443/GEEF 10/99
*'^x V,!b-la--
16.A.13.b
Packet Pg. 1435 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
(l)
Q'
(3)
(4)
(s)
Know all mcn by thesc prcscnts: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December I1,2006, to wit:
'RESOLVED, rhar dlc followiag uthodariw Eldc ro dlq rxcdio. for ud o bdulf of tho Compuy, of bords, udaatings, t@gniaes, mtnds atd 0$6 Mittq cffiBrnis of the Company
otGrod inb rhc o.diD&y @mc of busir* (csdr s 'Wrinqr Cwiftqt"}
Each of rhc Chaimu, tta Prsident ud rhc Vi@ Proid€nts of the Compuy b horcby uthorizod to qcutc ey Writto Comitmat for ud on behalf of thc Compuy, udcr thc scrl of the Compmy or
otheuic.
swh elio ir aulhoriad by dre grut of pom povidcd for in sudr pcm willa rploi[ftat I uh dlomy-in-fe1 .
full porcr ud udrerity to cxwutq for od o bdralf of thc Compmy, u&r drc srl of thc Compuy or odrwi*, sxi Wrinan Comitm€ns of drc Compuy s my bc spcified in such Mitt@
rppoinurpnt u,hicl sp€ifierio mry bc by gaanl typc or ds of Writta Cominras or by spcilicario of oc or mrc paniculr Wrin6 Commitrms.
Erch of tht Chsim, 66 Pr6idmt md Vi6l,r6idqt5 of thccqmpuy in hooby authorizo4 for $don bchalf of thc eonpsy, !o <gstc in witing ey othcr oflicer of {hc Compuy 6e rutiarity b
qocuc, for od on bdrdf of rho Compoy, udr rhc Compuy's srl or otr.ruis. ffih Wittq Commitmos of dro Conpmy u uo spociricd rn such Mitt@ dclogrtio, whrch spccrficaion may be by
gancrrl typc or ds of Writ6 Commihtna u by spcific*im of mc or mc p.nicula Writto Comitnas,
The ignaw of uy ofrier or o0rcr pcmn a*uting sy Wrino ComiEMt oi rppoinm.nt or dclegrti@ pmut to dlis Rslution, sd tho $al of thc Compsy, my bc affixcd by fcimilc on swh
Wrino Comitmat or MiM rppointmat or dclcgaion.
FURTmR RESOLVED, that thc forcgoinS Bslution sh.ll aot bc d*mcd to bc e qcluivo ltdelMt of dtc powB sd ethority of officm, mploye od othor pcmns to act for md on bchalf of $e
Corpmy, sd such Rrslutiotr sboll not limil ry orhcfli$ aff€d thc cxcrci* of uy srlr pow 6 s!$oriry ofifli$ v.lidly gmted or 6ted.
Does hereby nominate, constitute and appoint Kathleen K Freund, Stacy Killebrew, all of the City of DENVER, Colorado, each individually if there be more than one
named, its true and la\Aful attorney-in-fact, to make, execute, seal and deliver on its behall and as its act and deed any and all bonds, undertakings, recognizances,
contracts and other writings in the nature thereof in penalties not exceeding Twenty Five million dollars & zero cents ($25,000,000.00) and the execution of such
writings in pursuance ofthese presents sha.ll be as binding upon said Company, as fully and amply as ifthey had been duly executed and acknowledged by the regularly
elected officers ofthe Company at its principal oflice,
IN WH{ESS WHEREOF, the said Stephen M. Haney, Vice-President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 28 day of January 2015.
WESTCHESTER FIRE INSURANCE COMPANY
i;t*,a m 1+*-
Sr.phsr u, Ilarcy. Vicc Pw*idan
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss,
On this 28 day of January, AD. 2015 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M. Haney ,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he aknowledged that he executed the same, and that the seal affixed to the preoeding instrument is the corporate seal of said Company; that
the said corporate seal and his signature were duly afiixe{ by the authoilty and direction of the said corporation, and that Resolution, adopted by the Board of Directors
ofsaid Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
Id.r, Pr$ll.
I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certif, that the original POWER OF AfiORNEY, of
which the foregoing is a substantially true and correct copy, is in full force and effect.
In witness whereot I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this d r Stlay o S gaa 2 6l* , 2n$
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECI.ITE ANY BOND WITH AN INCEPTION DATE AFTER JAnuAry 28,2017
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16.A.13.b
Packet Pg. 1436 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
EPTANCE CORP.
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IDLLfi-Y GLJARANJlY AND AOCEPIANC{: COTiP
/ CUAIiA!.]IY AilD ACCEP"IANCE COIIP
IDELITY GUARANTY ANf) r\CCEPTA.NCE CORP
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IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-I7I90
F E COBP
AI.'ID ACCFPTANCF COT
SUABANry AND ACCTPTANCE CORT FiDELI'Y CU,ARANTY AND ACCEPTANCE CORi)
ACCEPTANCE CORP FIOELIIY GUARANTY AND ACCEPTANCE CORP FIDELi'IY GUARANTY AND ACCEPIANCE COBP
Y AND ACOIPTANCJ: COfiP FIDTLITY GUABANTY,AND ACCTPTANCT COBP FIDEI,,ITY GUARAl{ry AND ACCEPTAITCE COR
CREDIT.
FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER'')
7OO NW IOTI'H AVENUE, SUITB 204
i\I TA}II, FLORIDA J3 I72
PrroNE (786) 2s7-43s3
DATE OF ISSUE:JUNE 8.2017
ISSUER:
PLACE OF EXPIRY:
AND ACCEP'IAN(
IOCEPIAI.iCE COF
AT ISSUER'S COUNTERS LOCATED AT 7OO NlV 107 AVE, SUITE 204
TMIA,MI' FLORIDA 331,72' l
THIS CREDIT SHALL BEiYALTD UNTIL JUNE 8,2018, AND SHAIL THEREAT'TER BE,DATE OF EXPIRY:
AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE
AN\IVERSARY OF THE ISSUE UNLESS AT LEAST SIXT!'(60) DAYS pRtOR TO A\\
SUCH ANNTVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN
WRITING BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS
A'IANI Y AND ACCEP IA
TY SUARANTY ANI] AC
wct coMMUNITIES, LLC (HER.EINA.I'TER,,DEVELOpER:')
IO48l SIX MILE CYPRESS PKWY
FORT MYERS, FL 33966
BENEFTCIARY: THE BOARD OF COT]NTY COMMISSTONERS. COLLIER COUNry, FLORIDA(HEREINAFTER"BENEFICIARY") I ', ' , , ' :
. C/O DEVELOPME,NT REVIf,W.DIVISION
28OO NORTH HORSf,,SHOEDRIV.E J i: i
NAPLES, FL J4IO.{
AMOUNT:IIY G
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RE:
ORP FI{THREE
)TLITY GUANANT }ABANry AND ACC'P:ANCE COEP FIDELITY CI
ANCE CORP FIDELIry GUARANry AND ACCEPTANCE COF
CCIPTANCI CORP TIDiiI-IIY GUARANTY AND ACOIPTANC
CREDIT AVAILABLE
WITH:
TNFRASTRUCTURE CONSTRUCTION
PROJECT NAME: ARTESIA NAPLES PTIASE 3
ISSUER
SATISFACTORY TO COLLIER COUNTY
lACANfv AND ACCEPTANCfI CORp rlnfri..iTY (li-ra.RANrY An-D A(l0lP iANllir (lDilP ir::DIl llY (iilARAl.l iY Ar]ll /r(;(:r pTAi.;Cr a--(.JF
ARANry AND ACCEPTANCE CORP F'DELTY OUA'IAhIlY AND ACCEFTANCE CORP FIDELITY GUAHAN1Y ANO ACCEPTANCE CONP
Y AND ACCEPTANCE CORP FlDELIry GUARANTY AND ACCEFTANCE CORP FIOELITY GUABANry AND ACCEfTTAn-CE COnP
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PAYMENT AGAINST DOCUMENTS DETATLED HEREIN AND BENEFICIARY'S
DRAFTS ATSIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY,S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY THE COUNTY I{ANAGER, OR HIS DESIGNEE, CERTIFYINC THAT:
A. "(I) DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS ARTESIA NAPLES PHASE 3 AS REQUIRED
BY COLLIER COUNTV ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT
REGULATIONS"); (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING TH[, EVENT OR
CONDITION OF SUCH DEFAULT IN REASONABLE DETA"IL BY CERTIFIED MAII., RETURN RECEIPT
REQUESTED; AND (III) THE DEFAULT HAS NOT BEEN CURED WITHIN THE CURE PERIOD PROVIDED
FOR THEREIN, IF ANY.'';
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FIDELITY GUARANT
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,CCEFTANCE CORF FIDELITY GUABANTY AND ACCEPTANCE CORP FIOEL{TY CUARANTY AND ACCEPTANCE CORP FIDELITY CUARANIY i\ND ACCEPTANCE CORP
B. (A FINAL INSPECTION OF THE IMPROVEMONTS FOR ARTESIA N.{PLES PHASE 3 AS REQUIRED BY
COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE *LAND DEVELOPMENT REGULATIONS'')
HAS NOT BEEN PERFORMED PRIOR TO THE D,A'TE OF EXPIRY,
PERFORMANCE SECURITY ttAS NOT BEEN PROVIDED TO AND
ry OUANANTY AND ACCEPTANCE CORP FIDELIry GUARANT
AR/TNTY AND ACCEPTANCE CORP FiDELI:Y GUAFANTY ANO
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ABANTY AND AC(:TFTANCI OOEP TiDTI'IIY GIJARAI]ry AND
rANOE COnP FlDFi,iTY GI.,AHANTY AND ACCF:PIANCE COBP FlDEl.lTY GTJARANTY AND Ail)EP]ANCE COHP
AND ACCEPTANCE COHP TIDELITY GUABANTY AND ACCEPTANCE COBP F!DELITY OIJATiA\I1'AND ACCEPTANCE COT
ICCEPTANCE COBP FIDELITY GUABANTY AND ACCEPTANCE COFP FIDELIIY GUARANTY A\lD ACCEPTANCE CORI'
AND AOCTPTANCT CORP nnEi,.ITY GUARANTY AND ACOTPiANOE CORP !:IDII-IIY (;UARANTY ANN ACC,:P]ANOT C.}I
\il)IPTANCT CORP FtDEl,ITY GUARANTY AND AOOIPT]ANCT CORP FIDEI",Iry GT'JAAA:{TY A:!N ACCTPlA};C[: CO'1P
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16.A.13.b
Packet Pg. 1437 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
FIDELITY GUARANTY AND ACCEPTANCE CORP
7 0 o *#,;# I i".'"tY5^-.'..Y i:' 20 4 IPHONE (305)553-8724 Ei:'rAl
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-I7190 PAGE 2
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: ..DRAWN UNDER FIDELI.IY
CCEP
FIDEL'I Y CCBP
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING; AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIOD, AMENDED, OR AMPLIFIED BY REFERENCE TO
ANY DOCUMENT,INSTRUMENT, OR AGREEMENT REFERENCED TO HERETN OR IN WHICH THIS LETTER
OF CREDIT RELATES, AND ANY HEREIN BY
ilDri..rTY AND ACCEPTANCI CORP FIDTLITt' GUAPANTY AND ACCIFTANOE CCEP
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE
WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IFPRESENTED
WITHIN THE VALIDITY OF THIS CRf,DIT TOGETI{ER WITH THE DOCUMENTS REQUIRED HEREIN AT THE
PLACE OF EXPIRY PRIOR TO 4:OO P.M. EST. ON OR PRIOR TO THE DATE OF EXPIRY. PRESENTATIONS NIAY
BE MADE BY Cf,RTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY FEDERAL EXPRESS
OR ANY OTHER NATIONALLY RECOGNIZED COURIER COMPANY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600.
FIDELITY GUARANTY AND ACCEPTANCE CORP.
CO!:IP [!O[1,.I1Y G(,JA[IAN'I'Y AND ACO[:PTANCT CO[tP FIDEL,IlY $IJAI]AN'I'Y AND AOC[iPIANCI OOgP FtO[LTTY (iUARANIY ANO ACof:P'IANCTi CORItr
FIDFI,.!IY GUA8AN1Y ,AND ACCFPIANCI COEP FIDTI.,ITY CTJARAN'ry A\IO AOCTr:PTANCE: CORP
COBP FIDTLITY GUABANTY ANO ACCEPTANCE COBP FIOELIry OLJARA\IY ANO ACCEPTAI.JCE gOR
FIDELITY GUARANTY /rND ACCEPTANCE CORP FtOELITY CUARANry AxO ACCE|,TANCE CCR?
F}NT:1i, I1 Y GTJAT1ANTY ANII A(;CIPlANCf: CCJRP
FIDELi,Y GUABANTY AND CORP FIDTLITY 6UAHANTY AND ACCEPTANCE CORP
FIDELITY CUAI]ANry ANN ACCEPIA.NCE COETJ TiDELfry OUARAN'Y AND ACCEPTANCE CORP FIOELIry GUAIIANl'Y AND ACCEPTANCE COIIP TIOEL'TY OUABANTY AND ACCET''ANCT CONP
rIDTi.,,ITY GUA8ANTY ANO
^CCIPIAIVOT
COSF TiDTLITY GUARANTY AND ACCTPTANCI CORP FIOILITY GUARANTY AND ACOTPTANCI CORP FiDILIry GUARANTY AND ACCTPTANCI CORP
FIDEIITY 6UARANry AND ACCEPTiINCE COHP FIOELITY GLJARANTY ANiJ ACCEPTANCI CORP FIDELITY GUASA}{TY ANO ACCEPTANCE COEP FiDELI;Y GUAFAI,JTY AND ACCEPTANCE COFP
FII}ELITY GUARANTY AND ACCTPTANCE CORP FIDELITY GUARANTY AND ACCEPTANCE CORP FIDEL,JTY GUAHANIY AND ACCEPTAI.ICF COBP FIDEI.ITY GI.JARANTY AIIg ACCEPTANCE CORP
FIDELITY GUARANTY ANO ACCEPTANCE CORP F{DELIry GUAHANry AND ACCEPTANCE CORP FIOELITY CUABANTY AND ACCEPTANCE CQBP FIDELITY GUARAilTY AI.ID ACCEPT/II\JCE CORF
FIDELITY GUARANTY ANT,} ACCEPTAI\CE COHF TiD€LIry GUAHAN-'Y AND ACCEFTANCE CORP FIDELITY GUARANTY AND ACCEPTAI,]CE CORP FIDELIry GUARANry AND ACCEPTANCE CORP
FIDELITY GUARANTY AND ACCEPTANCE COEP TIOELITY GUARANry ANT} ACCEPTANCE CORP FIDELITY GUARANTY ANg ACCEPTANCE COFP FIDELIry OUARANTY AND ACCEPTANCE COHP
FIDETITY GUARANTY AND ACCEPTANCE CORP FIDTLTY GUARANry AND ACCEPTANCE CORP FIDELIry GUARANTY AND ACCEPTANCE CORP FIDELITY GUARANTY
^ND
ACCEPTANCE COHP
FIDEIITY GUARANTY AND ACCEPTAIICE COFP FIDELIry GUABANTY AND ACCEPTANCE CORP FIDEL,TY GUARANry AND ACCEPIANCE COBP FigELIIY CUARANTy AND ACcEPTAI'.;CE CoRP
FIDEL!ry SUARANTY AND ACCEPTANCE CORP FIDTLITY 6UARANTY AND ACCEPTANCE COBP FIDELITY GUAHANTY AND ACCEPTANCE COBP FIDELITY €UARANry AND ACCEPTANCE CCR?
ilnIi. iTY
16.A.13.b
Packet Pg. 1438 Attachment: Bond Basis (13680 : Final Acceptance - Artesia Naples, Phase 3)
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 ARTESIA
NAPLES, PHASE 3, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 56,
PAGES 67 THROUGH 74, RELEASE OF THE
MAINTENANCE SECURITY.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
May 13, 2014, approved the plat of Artesia Naples, Phase 3 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Artesia Naples, Phase 3,
pursuant to the plat thereof recorded in Plat Book 56, pages 67 through 74, and the Clerk
is hereby authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Artesia Naples, Phase 3 will be maintained privately in the future
and will not be the responsibility of Collier County.
16.A.13.c
Packet Pg. 1439 Attachment: Resolution (13680 : Final Acceptance - Artesia Naples, Phase 3)
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
__________________________ By:_________________________________
Deputy Clerk Burt L. Saunders, Chairman
Approved as to form and legality:
__________________________
Sally A. Ashkar
Assistant County Attorney
16.A.13.c
Packet Pg. 1440 Attachment: Resolution (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1441 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1442 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1443 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1444 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1445 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1446 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1447 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)
16.A.13.d
Packet Pg. 1448 Attachment: Plat Map (13680 : Final Acceptance - Artesia Naples, Phase 3)