Agenda 04/13/2021 Item #16A21 (Fiddler's Creek Phase 5, Unit 2 Completion Extension)04/13/2021
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of required subdivision improvements
associated with Fiddler’s Creek Phase 5, Aviamar, Unit Two (AR-10992) subdivision pursuant to
Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
_____________________________________________________________________________________
OBJECTIVE: To approve an extension for the completion of subdivision improvements associated
with the Fiddler’s Creek Phase 5, Aviamar, Unit Two subdivision.
CONSIDERATIONS: On September 12, 2006, the Board of County Commissioners (Board) approved
the final plat of Fiddler’s Creek Phase 5, Aviamar, Unit Two for recording. The LDC requires that upon
approval by the Board of County Commissioners a plat must be recorded within 18 months and the
associated subdivision improvements must receive final acceptance within 36 months unless an extension
is formally requested and granted by the Growth Management Department. The plat has been recorded
and the required subdivision improvements are substantially complete. On September 20, 2007, the
Development Review Division granted preliminary acceptance of the subdivision improvements. There
is a Construction and Maintenance Agreement for Subdivision Improveme nts and a Performance Bond in
place as a development guaranty. The remaining improvements consist of sidewalks and final lift of
asphalt. The property owner has requested that the Board approve an extension of the plat improvements
final acceptance deadline from July 12, 2019 to July 12, 2021. Therefore, the improvements must receive
final acceptance prior to July 12, 2021 if the Board approves this extension. The LDC allows for two, 2 -
year extensions after the original 36-month period. Additionally, the developer took advantage of various
Executive Orders (EO) to gain additional extensions. As such, the required improvements final
acceptance deadline expired on July 12, 2019. With this 2-year extension approved by the Board, the
developer will be able to utilize Executive Order 20-52 (COVID-19) for additional time needed. Since
this proposed extension is beyond what is allowed by the LDC and the project as of now does not qualify
for EO 20-52, approval by the Board is required.
The property owner has paid all the past fees which would have been paid for normal extensions. All
fees associated with the original approval have been paid.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $150.00 Extension Fee
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To approve an extension for completion of the required subdivision
improvements associated with Fiddler’s Creek Phase 5, Aviamar, Unit Two (AR-10992) until July 12,
2021, subject to the recommendations of the September 12, 2006 approval.
Prepared by: Lucia S. Martin, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
16.A.21
Packet Pg. 755
04/13/2021
2. Bond Basis (PDF)
16.A.21
Packet Pg. 756
04/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 15248
Item Summary: Recommendation to approve an extension for completion of required subdivision
improvements associated with Fiddler’s Creek Phase 5, Aviamar, Unit Two (AR-10992) subdivision
pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC).
Meeting Date: 04/13/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/09/2021 3:54 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
03/09/2021 3:54 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/09/2021 4:47 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/10/2021 3:38 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/11/2021 7:52 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 8:51 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 9:44 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 8:35 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 10:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:09 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:26 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 2:00 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 12:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM
16.A.21
Packet Pg. 757
FIDDLER’S CREEK PHASE 5 AVIAMAR,
UNIT TWO
LOCATION MAP
16.A.21.a
Packet Pg. 758 Attachment: Location Map (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this e ts.J day of Jou{ 2007, between DY Land
Associates, Ltd., 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: "Fiddler's Creek Phase 5
Aviamar - Unit 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:
l. Developer will cause to be constructed: water, sewer, storm sewer, roads,
landscaping and irrigation improvements within 24 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 $4,574,440.12 which
amount represents l|Yo 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 cornplete until a statement of
substantial completion b1, Developer's engineer along with the final project records have been
fumished to be reviewed and approved by the County Manager or his designee for compliance
with the Collier County Land Development Code.
t t,'11 ?
16.A.21.b
Packet Pg. 759 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
5. The County Manager or his designee shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval of the improvements; or b) notify the Developer in writing of his refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the County Manager's approval of the improvements. However, in no event shall the
County Manager or his designee refuse preliminary approval of the improvements if they are in
fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the County Manager or his designee. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the County
Manager or his designee to inspect the required improvements. The County Manager or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining l0% 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
16.A.21.b
Packet Pg. 760 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
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 Z < lJday of .l uuJ 2001
SIGNED IN THE SENCE OF DY Land Associates, Ltd.
A Florida Limited Partnership
By:
Print ame
Mark P. Strain, Attorney-in-Fact
Print N
ATTES BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER FLORIDAwr)z
By By:
, Deputy Clerk
Approved as to form
and legal sufficiency
BY
Jeff E. W stant County Attorney
Approved Fornr -JAK - February 2006
J Coletta, Chairman
16.A.21.b
Packet Pg. 761 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
PERFORMANCE BOND Bond # xozmrszs
KNOW ALL PERSONS BY THESE PRESENTS: that
DY LAND ASSOCIATES, LTD.,a Florida limited partnership,
and GBEC DEVELOPMENT, LTD., a Florida limited partnership,
both at the address of: 8156 Fiddler's Creek Parkway
Naples, Florida 341 14-0816
(hereinafter collectively referred to as "Owner") and
WESTCHESTER F'IRE INSI,]RANCE COMPANY
140 Broadway
New York, NY 10005
(hereinafter referred to as "Surety")
are held and firmly bound unto collier county, Florida, (hereinafter referred to as "County") in the
total aggregate sum ofFour Million Five Hundred Seventy Four Thousand Four Hundred Forty and
121100 Dollars ( $4,57 4,440.12) in lawful money of the Unired Srares, for rhe paymenr 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 Fiddler's Creek Phase 5, Aviamar Unit Two,
and that certain subdivision shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This olligation
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 duries
in accordance with the Land Development Regulations during the guaranty periodistablished by the
County, and the Owner shall satisfy all claims and demands incurred andslhal fully indemnify and
save harmless the County ftom and against all costs and damages which it may suifer by reason of
Owner's failure to do so, and shall reimburse and repay the Counry 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' FURTFIER, that the said Surety, for value received hereby, sripulates and agrees rhat
no change, extension of time, alteration, addition or deletion to the proposed ipecific imprivements
shall in any way affect its obligation on this Bond, and it does hire-ny waive notice of any such
change, extension of time, alteration, addition or deletion to the propoied specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond sha be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Suety to the full and faithful performanie in accordance with the Land Development
Regulations. The term "Amendment," whenever used in this Bond, and whether referring io this
Bond, or other documents shall include any alteration, addition or modification of any character
whatsoever.
Page l of 3
(Fiddler's Creek Phase 5
Aviamar Unit Two)
16.A.21.b
Packet Pg. 762 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
IN WITNESS WHEREOF, the parries hereto have caused
be executed this /6h day of ,4P&l l-- ,
this PERFORMANCE BOND to
2007.
PRINCIPAL:
WITNESSES:DY LAND ASSOCIATBS, LTD.. a Florida
limited partnership
J.F as Attorney-in-
Print Name vidually
WITNESSES:GBFC DEVELOPMENT, LTD.. a Florida
limited partnership
as Attorney-in-
Fact not individually
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before this \r-N day of cr-p l-\ ,2007, by Aubrey J. Ferrao, Attorney in Fact of DY Land Associates, Ltd,, a ftolida limited
partnership, on behalf of the limited partnershlp. He is personally known to me.
Print Name:
Notary Public
Commission No.
My Commission
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before this rus day of
2007, by Aubrey J. Ferrao, Attomey in Fact of GBFC Development,limited
partnership, on behalf of the limited partnership. He is personally known
!-
\/,
t/,
/I
Print Name:
Notary Public
Commission No.
My Commission
l,tY CO[il[tlSSloN P DD 292809
, .;;"1ittSHALl:;,.,,
PACHAtilARYEMEUA
DD
JunerFFSEXP Urrda&lXe rsPnbl'cioiltNoiatYir.rrrj3,J
PageZ of 3
Fact and not
16.A.21.b
Packet Pg. 763 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
Print name Sandra Dia
Print lnme
STATE OF NEW YORK
COUNTY OF NEW YORK
F:\USERS\WANDA\FIDDI-ERS\PERF-BOND Aviamar ph2.wpd
SURETY:
Westchester Fire Insurance Company
By:
Print N
Title: Attorney in fact and Non-Resident Agenr
for the State of Florida
The foregoing instrument was acknowledged before this ro day of Anr{'l
2007,by Debra A. Deming (insert name), as Attorney-in-fact, on behalf of
Westchester Fire lnsurance Company, who is (check appropriate box) fl personally known to me,
or E who has produced _ as identification.
I
Print Ewenselina f - Doninick
fr,n'r,
Notary Public
commissionNo. O t bOt/. ^ aU,?ct _
My Commission Expires: t/l i / ea t /
(SEAL)
.
.- E\/ANGEL'NA L DOMINICK
Notary pgllic Staie oi me*YJrr_ 01DO4769474
_ Ouajified in Westcfrester QountyTerrq Expires.lanuarybJ:' F6-;i .
Page 3 of 3
16.A.21.b
Packet Pg. 764 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.1 Bid Schedule Summary
SCHEDULE DESCRIPTION TOTAL PRICE
A Earthwork $24,114.00
B Paving $1 ,549,225.18
C Wastewater Collection $964,164.35
D Potab le Water Distribution $628,558.60
E lrrigation $478,473.00
F Storm Drainage $572,019.80
G Lighting & Landscaping $244,000.00
TOTAL $4,460,554.93
6.2 Bid schedule summary for Bonding and permit Fee purposes
All the costs shown below have already been taken into account on Fiddler's Creek phase 5 Unit
2PPL (AR 8984). There are no additional costs within this Amendment application. Therefore
the amount shown below will not be included in Review and Inspection FLes Calculation.
SCHEDULE DESCRIPTION TOTAL PRICE
A Earthwork $24,114.00
B $1,549,225.18
C Wastewater Collection $964,164.35
D Potable Water Distribution $628,558.60
E lrrigation $176,500.00
F Storm Drainage $572,019.80
G Lightitg & Landscaping $244,000.00
TOTAL $4,158,591.93
Underground Utility Total $1,769,222.95
Roadway , Drainage,
Excavation Total $2,389,358.98
F:\JoB\E-F\FTDDLER's cREEK\FC132pLT\ppL\ppLA 12-8-06\opc for ppL Amendment (new qtys).doc
6.0 OPINION OF COST
Paving
16.A.21.b
Packet Pg. 765 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.3 Schedule "A" - Earthwork & Site preparation
Clearing, gmbbing and preparation ofroadway rights-of-way, and easements areas as
designated by the Engineer in the field including chipping and grinding ofall materials
on the Owner's property and then disposal ofall residue off the Owner's property, all as
specified, per acre complete. All work in right-of-way is subject to inspiction by the
owner, Collier County DOT and FDOT contingent on final acceptance of improvements
as shown and specified on the contract documents.
ITEM DESCRIPTION UNIT OTY UNIT PRICE TOTAL PRICE
A-l Fill on-site)CY 90,339 $2.5 0 $22s,847 .50
A-4 Silt Fence LF 12,057 $2.00 $24,1 14.00
TOTAL $24,1r4.00III
F:\JOB\E-F\FIDDLER,S CREET(FC132pLT\ppL\ppLA 12_8-06\OpC for ppl Amendment (new qtys).doc
16.A.21.b
Packet Pg. 766 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.4 Schedule "8" - Paving
Clearing, gmbbing and preparation ofroadway rights-of-way, and easements areas as
designated by the Engineer in the field including chipping and grinding ofall materials
on the Owner's property and then disposal ofall residue offthe Owner,s property, all as
specified, per acre complete. All work in righfof-way is subject to inspection by the
owner, Collier County DOT and FDOT contingent on final acceptance of improvements
as shown and specified on the contract documents.
$ 18,321 .20
$ I 17,219.15
$196,313.04
$7,728.8s
$131,224.72
$7 6,562.',|2
$72,588.45
$ 12.000.00
st37,641.14
$5,5 00.00
$517.00
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAI, PRICE
B-1 e "E" Modifie d CurbT LF 8,200 $15.02 $ 123,164.00
B-Z Type "A" Modified Curb LF 1,124 s16.30
B-3 e "F" CurbT LF 8,343 $ 14.0 5
B-4 2' Valley Gutter LF 21,246 s9.24
B-5 3' Valley Gutter LF 331
B-6 I l/2" 4sphaltic Concrete (Type S-III)SY 2'1,181 $4.30 $ l 16,878.30
B-7 2" Asphaltic Concrete (Type S-III)SY 23,3 58 $5.7 5 $ 134.308.50
B-8 8" Limerock Base (c ompacted and primed)SY 50 s1q $7.90 $3 99,2 5 8. l0
B-9 12" Stablized Subgrade SY 5 6,807 $2.3 r
B-l0 Road Prep & Final Grading SY 72,917 $1.0s
B-l l 4" Concrete Sidewalk (6' Wide)SY 1 1,803 $6.1 5
B-12 Signing & Pavement Markings LS I s 12,000.00
B-13 Bahia Sod SY 39,214 $3.51
B-i4 Maintenance of Traffic LS 1 $ 5,5 00.00
B-15 Blue Reflector EA 41 $11.00
$ 1,549,225.18III
FIJOB\E-F\FtDDLER,S CREEI(FC132pLnppL\ppLA 12-B-06\OPC for ppl Amendment (new qtys).doc
$23.35
TOTAL
16.A.21.b
Packet Pg. 767 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.5 Schedule "C" - Wastewater Collection
Includes fumishing and handling ofall required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over-excavation if
necessary), dewatering, bedding material (if necessary), pipeline installation, back filling
(imported fill if necessary), compaction, compaction testing in roadway areas, pressure
testing, flushing, clean-up including resodding areas previously sodded, seeding all areas
disturbed by construction, providing complete as-built drawings and other items
necessary to complete the system and provide the Owner, DEp and Collier County with a
complete working wastewater collection system as shown on the drawings and specified
in these contract documents.
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
c-l 4" PVC (DR I 8) Force LF 2,071 $13.70 $28.3'7 2.'10
c-2 4" PVC (DRl4) Force LF 38 $ 15.10 $5 73.8 0
c-3 6" PVC (DRl8) Force LF 3,282 $17.20 $56,45 0.40
c-4 6'PVC DR I4 ) Force LF 97 $ 19.60 $1.90r.20
c-5 Pu Station EA 2 $ 104,100.00 $208,200.00
c-6 Manhole 0'-6'cut EA t9 $3,290.00 $62,s 10.00
c-'1 Manhole 6'-8'cut EA l1 $3,830.00 $42,130.00
c-8 Manhole 8'-10'cut EA 9 s4,760.00 $42.840.00
c-9 Manhole 10'-12' cut EA 8 $ 5.2 l 0.00 $41 ,680.00c-t 0 Manhole l2!14'cut EA 5 $6,610.00 $3 3,050.00
c-l I 8" PVC R 26) 0'-6'cutSD LF I 771 $ 24.00 $90,552.00
c-12 8'PVC SDR 26 6'-8'cut LF 2,669 $31.00 $82,739.00
c-13 8" PVC 8'-10' cutSDR 26 LF 2,260 $41.00 $92,660.00
c-14 8' PvC (SDR 26) l0'-12'cut LF 1,380 $49.00 $67,620.00
c-15 8' PVC (SDR 26) 12 -14'cut LF 801 $5 4.00 $43,254.00
c- 16 Single Service EA 93 $400.00 $3 7,200.00
c-17 Double Service EA 17 $4 2 0.00 $7,140.00
c-18 Tie to Existin I $I,r00.00 $ 1,100.00
c-19 Television In ection LF 10,893 $r.25 $13,616.25
3
l
EA
m
En Air Reiease Valve
IC 8 B I s n r ecM ha ca El cx a t on
$r 02 5.00
$7 500.00
$3 075.00ALTERNATE
TOTAL $964,164.35
@ I'J E
I rIilE
F:UOB\E-F\FtDDLER,S CREET(FCl32pLnppL\ppLA 12-8_06\OpC for ppL Amendment (new qtys).doc
EA
t --T?Jooro
16.A.21.b
Packet Pg. 768 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.6 Schedule "D" - Potable Water Distribution
Includes fumishing and handling of all required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over-excavation if
necessary), dewatering, bedding material (if necessary), pipeline installation, back filling
(imported fill if necessary), compaction, compaction testing in roadway areas, pressure
testing, disinfecting pipelines, flushing, clean-up including resodding areas previously
sodded, seeding all areas disturbed by construction, providing complete as-built drawings
and other items necessary to complete the system and provide the owner, DEp and
Collier County with a complete working water distribution system as shown on the
drawings and specified in these contract documents.
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
D-1 10" Gate Valve & Valve Box EA 10 $ I ,930.00 $ 19,300.00
D-2 10" cL 150 PVC (DR l8)LF 7,226 $29.s0 $213,167.00
D-3 10" cL 200 PVC (DR l4)LF 200 $35.40 $7,080.00
D-4 EA 8 $ 1,370.00 $ 10,960.00
D-5 8" CL 150 PVC (DR l8)LF 2,706 $21 .10 $57,096.60
D-6 1" PVC Double Service w/ meter EA t9 $67s.00 $ 12,825.00
D-7 1" PVC Single Service w/ meter EA 8 $s2s.00 $4,200.00
D-7 lll2" PYC Single Service w/ meter EA 26 $635.00 $ 16,5 10.00
D-8 ?l iVC Single Service w/ meter EA 33 $ 1,620.00 $53,460.00
D-9 4" Conduit for Water Service Crossing LF 1,730 $ 10.00 $ 17,300.00
D-10 Permanent Bacterial Sample Point EA 8 $ 1,290.00 $10,320.00
D-12 Fire Hydrant Assembly Complete EA 47 $3,320.00 $ 1s6,040.00
D-13 2" PVC Fire Service wl Gate Valve EA 26 $ 1,800.00 00.00
ALTERNATE
D-14 Blasting or Mechanical Excavation LS I $3,500.00 $3,s00.00
TOTAL $62E,558.60
F:\JOB\E-F\FIDDLER'S cREEI(Fc132PLT\PPL\PPLA 12-8-06\OPC for ppL Amendment (new qtys).doc
8" Gate Valve & Valve Box
16.A.21.b
Packet Pg. 769 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.7 Schedule "E" - lrrigation Distribution
Includes furnishing and handling of all required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over-excavation if
necessary), dewatering, bedding material (if necessary), pipeline installation, back filling
(imported fill if necessary), compaction, compaction testing in roadway areas, pressure
testing, disinfecting pipelines, flushing, clean-up including resodding areas previously
sodded, seeding all areas disturbed by construction, providing complete as-built drawings
and other items necessary to complete the system and provide the owner, DEp and
Collier County with a complete working water distribution system as shown on the
drawings and specified in these contract documents.
ITEM DESCRIPTION UNIT OTY UNIT PRICE TOTAL PRICE
E-l 12'PVC DR 25 LF 3,274 924.7s $81,031.50
E-2 8'' PVC DR-18 LF 7,620 $2 1.10 $ 160,782.00
E-3 8'' PVC DR-I4 LF 133 $27.s0 $3,657.50
E-4 6'' PVC DR-l8 LF 694 $ 17.20 $11,936.80
E-5 6'PVC DR-I4 LF 187 $ 19.60 $3,665.20
E-6 8" Gate Valve EA 2 $ 1,370.00 s2,740.00
E-7 6" Gate Valve EA 4 $1,165.00 $4,660.00
E-8 Connect to Existing Irrigation Main EA 4 $2,000.00 $8,000.00
E-9 Air Release Valve EA t2 $ 1,s00.00 $18,000.00
E-10 Temporary Blow-off w/ gate valve EA 2 $ 1,7s0.00 $3 500.00
ALTERNATE
E-11 Blasting or Mechanical Excavation LS I $4,000.00 $4,000.00
E-12 Landscape Irrigation LS I $176,500.00 $ 176,s00.00
TOTAL $478,473.00
F:\JoB\E-F\FtDDLER's cREEK\Fc j32pLT\ppL\ppLA 12-8-06\opc for ppL Amendment (new qtys).doc
16.A.21.b
Packet Pg. 770 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.8 Schedule "F" - Storm Drainage
lncludes fumishing and handling of all required materials, dewatering, bedding material
(if necessary), rock removal and disposal off-site (if necessary), installation, backfilling,
compaction, compaction testing in road- way areas, final grading, coordinating with other
contractors and utility companies, flushing, clean-up, seeding, sodding of all areas
disturbed by construction, repair of any damage caused by construction and other items
necessary to complete the system and provide the owner, Collier County DOT and FDOT
with a complete working drainage system as shown on the drawings and specified on
these contract documents. Pipe measurement is to the outside of the structures.
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
F-l 15'' RCP LF 795 $34.60 $27,507.00
F-2 18'RCP LF 3,614 $40.20 $ 145,282.80
F-3 24'' RCP LF 1,250 $s r.80 $64,750.00
F-4 30'RCP LF 240 $71 .90 $17,256.00
F-5 12'' HDPE LF 3,110 $22.40 $69,664.00
F-6 Valley Gutter Inlet - complete EA 40 $2,600.00 $104,000.00
F-7 Yard Drain (15")EA 16 $250.00 $4,000.00
F-8 Junction Box (3'x 3')EA I $2,100.00 $2,100.00
F-9 18" Flared End EA l5 $ 1,340.00 $20,100.00
F- 10 24" Flared End EA 6 $ 1,480.00 $8,880.00
F-l I Type "C" inlet EA 41 $ 1,630.00 $66,830.00
F -12 Throat Inlet EA t4 $2,475.00 $34,650.00
ALTERNATE
F-13 Maintenance of Traffic LS 1 $ 1,500.00 $1,500.00
F-14 Blasting or Mechanical Excavation LS I $s,500.00 $5,500,00
TOTAL $572,019.80
F:\JOB\E-F\FIDDLER'S CREEl(FC132PLT\PPL\PPLA 12-8-06\OPC for PPL Amendment (new qtys).doc
16.A.21.b
Packet Pg. 771 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
6.9 Schedule "G" - Landscape and Lighting
ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
G-1 LightinS LS I $ r 14,000.00 $ r t4.000.00
G-2 Landscaping LS l $ r 30,000.00 $ 1 3 0,000.00
TOTAL $244,000.00III
FIJOB\E-RFIDDLER'S CREET(FC132pLT\ppL\ppLA 12_8_06\OpC for ppL Amendment (new qtys).doc
16.A.21.b
Packet Pg. 772 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
Growth Management Department
Development Review Division
May 19, 2008
Westchester Fire Insurance Company
140 Broadway
New York, NY. 10005
RE: Performance Bond No. K07633579 / DY Land Associates
Fiddler's Creek Phase 5, Aviamar Unit Two
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $942,009.12, leaving an available balance of $3,632,431.00.
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,
'JOUN 110Ul1JSWOR111
John R. Houldsworth
Senior Engineer
Cc: Stan Chrzanowski, P.E., County Engineer
Project File
Q. Grady Minor & Associates, P.A.
_____ 'iJ'i ___ _
Developmert Review Di.iision • 2800 North Horseshoe Drive • Naples, Florida 34104 • 239-252-2400 • www.coliergov net
16.A.21.b
Packet Pg. 773 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
16.A.21.b
Packet Pg. 774 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
RIDER
To be attached to and form part of:
Bond Number K07633579
dated 4/16/2007
issued by the WESTCHESTER FIRE INSURANCE COMPANY
on behalf of D Y LAND ASSOCIATES, LTD. AND GBFC DEVELOPMENT,
LTD.
Principal)
and in favor of COLLIER COUNTY, FL
Obligee)
Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall
be amended as follows:
The principal name shall be amended:
FROM: DY LAND ASSOCIATES, LTD AND GBFC DEVELOPMENT
TO: FCC AVIAMAR, LLC
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged.
This Rider is to be Effective this 4th day of September, 2012.
Signed, Sealed & Dated this 10th day of September, 2012.
FCC AVIAMAR, LLC
By i7h
Principal)
Aubr y J. Ferrao, Manager and President, and Not Individually
WESTCHESTER FIRE INSURANCE COMPANY
Surety)
iBy:
Cynthia rrell, Attorney-in-Fact and Non-Resident Agent of the State of Florida
16.A.21.b
Packet Pg. 775 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
I
I
Power of WESTCHESTER FIRE INSURANCE• CO• MPANY
Attorney
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY;a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by;the Board of Directors ofthe.said Company on December 11,.200b to::wit:
RESOLVED,that the following authorisations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognreSaces,coatrsets and other written commitments of the Company
entered into the ordinary course of business teach a--W atteo Commitment"):
1)Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitmetti for:arid on behalf of the Company,under the seal of the Company or
otherwise,
2)Each duly appointed attorney-m-fact of the;Company is hereby authorized to execute arty::Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise,to the event that
such action is authonzed::bythe giant of powers provided:for in.cacti m:persons written'appointment as such anomey- -fact
3)Each of the Chairman.,...the President and the Viee Presidents of the Company:is hereby authorized,for and on behalf of the Company to appifint m writing awls person the attorney-in-fact of the Company,with
full power and authority to execute:for and on behalf of lire Company;iundue the seal of the Company or otherwise,such Wafters Commttraients ofthe Company as may be specified in such written
appointment,which specification may•he by general type or clasS"Oflihattehicarnritifirtentior by specification of one or more particular Written Commitments.
4)Each of the Chairman,the President and Vice Presidents oftheCompaiiy in herebyauthorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by
general type or class of Written Commitments or bySpecification of urea or more particular Written Commitments.
5) The signature of any officer or other persyn executing;arty Wr[nen Commmtett or appointment or delegation pursuant to this Resolution,and the seal of the Company;may be affixed by facsimile on such
Written Comittitment or written appoitrtttient or delegation;:
FURTHER RESOLVED,that:ihe foregoing Resolution shall not be deemedto bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or othenirse'.affect the exercise of arty such power ot authority otherwise validly granted or vested
Does hereby nominate,constitute and appoint Annette M Leuschner,Cynthia Farrell;Debra A Deming,Evangeline<l,Dominick,Jessica lannotta,Sandra Diaz,Sonia
Rogers,Thomas Rhatigan,ValorieSpates,Vivian Carti,.all of the City of NEW YORk.,.New York„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 and all.:bonds undertakings,recognizances,contracts and other
writings in the nature:tl ereof in penalties not exceeding Ten million dollars&zero Cents($10,000,000.00)and the•execution of such writings in pursuance of these
presents shall be as binding upon said Company,S.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 Iva.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FiRE INSURANCE COMPANY this 4 day of May'2012.
WESTCHESTER FIRE INSURANCE COMPANY.
4
Sral*M.Handy«vice Pm I4m1
COMMONWEALTH:OF PENNSYLV.ANIA
COUNTY OF PHILADELPHIA ` ss`
On this 4 day of May,AD 2012 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:INSUR:ANCE COMPANY to me personally known to be the individual andofficer who executed the
preceding instrument,and he acknowledged that he executed the same,and that the.aaal affixed to the preceding instrument to the corporate seal of said Company;that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,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,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
it.-
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o:i'' GM
cowrrorrwsu'rrta iporeYt.wAhut
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4
r KAREN E BRANDT, Pakik
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Mi t oR Mosion rN V*cai y P.AdICOY
U
I,the undersigned Assistant Secretary of the WESTCHESTER 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.
In witness whereof;I have hereunto subscribed my Uwe as Assistant Secretary;am and affixed the corporate seal of the Corporation,this
ih
day oftir le;:-sit`'r.t />i
I fit i .#1I
I.•
t\+
jt,Wlhfm L.Kelly,Assitwni Knuiry
R ssL
8 THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION•DATE•AFTER May 04 2014.
dz
cc
IN THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. III
16.A.21.b
Packet Pg. 776 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
WESTCHESTER FIRE INSURANCE COMPANY-NAIC#10030
FINANCIAL STATEMENT DECEMBER 31,2011
ADMITTED ASSETS
BONDS 2,125,068,507
SHORT-TERM INVESTMENTS 21,324,395
STOCKS 0
REAL ESTATE 0
CASH ON HAND AND IN BANK 38,678,940
PREMIUM IN COURSE OF COLLECTION* 49,457,492
INTEREST ACCRUED 18,572,101
OTHER ASSETS 167,396,134
TOTAL ASSETS 2,420,497,569
LIABILITIES
RESERVE FOR UNEARNED PREMIUMS 187,860,407
RESERVE FOR LOSSES 1,095,977,795
RESERVE FOR TAXES 2,747,690
FUNDS HELD UNDER REINSURANCE TREATIES 5,745,573
OTHER LIABILITIES 23,542,125
TOTAL LIABILITIES 1,315,873,590
CAPITAL: 70,000 SHARES,$71.43 PAR VALUE 5,000,100
CAPITAL: PAID IN 289,280,640
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 112,002,723
SURPLUS (UNASSIGNED) 698,340,516
SURPLUS TO POLICYHOLDERS 1,104,623,979
TOTAL 2,420,497,569
EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John P.Taylor, being duly sworn,says that he is Vice President of
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's financial condition as of the
31 st day of December,2011.
I
Sworn befo e this ( Q 17 , Z—
7
Ve President
55 , Zta l S
Notary Public U My cord nission expires
COMMOMWLPLK OF PENN_SYLVANIA
Notarial Seal
Diane Wright,Notary Public
Oty of Philadelphia,Phladelphia CountyMyCommissionExpiresAug.8,2015
MEMBER,PENNSYLVANIA ASSOCIATION Of NOTARIES
16.A.21.b
Packet Pg. 777 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
Growth Management Department
Development Review Division
June 16, 2010
Westchester Fire Insurance Company
140 Broadway
New York, NY. 10005
RE: Performance Bond No. K07633579 / DY Land Associates
Fiddler's Creek Phase 5, Aviamar Unit Two
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $3,015,543.75, leaving an available balance of $616,887.25.
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,
'JOUN 110Ul1JSWOR111
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Cc: Project File
Q.Grady Minor & Associates, P.A.
_____ 'iJ'i ___ _
Developmert Review Di.iision • 2800 North Horseshoe Drive • Naples, Florida 34104 • 239-252-2400 • www.coliergov net
16.A.21.b
Packet Pg. 778 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
Gro,vth Management Department
Development Review Division
February 29,2016
Westchester Fire Insurance Company
140 Broadway
New York, NY. 10005
RE: Performance Bond No. K07633579 IDY Land Associates
Fiddler's Creek Phase 5, Aviamar Unit Two
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may now be reduced by $250,188.88, leaving an available balance of $366,698.37.
An original Bond Rider should be directed to this office reducing the value of the
Performance Bond, "all other terms and conditions of original Performance Bond to
remain in full force and effect"
If I can be of any further assistance to you in this regard, please let me know
Sincerely,
loHN HOTD$WORTH
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Deiebpnat Review DMsiln . 280 Norh Hcrse$e Drive . I'htrs, Haita 341 04 . 2*25l224fi . w*v.coliupvnd
Cc: Project File
Q. Grady Minor & Associates, P.A.
16.A.21.b
Packet Pg. 779 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
RIDER
To be attached to and form part of:
Bond Number K07633579
dated 4/16/2007
issued by the WESTCHESTER FIRE INSURANCE COMPANY
current amount of $616, 887.25
on behalf of FCC PRESERVE, LLC F/K/A
D Y LAND ASSOCIATES, LTD. AND GBFC DEVELOPMENT, LTD.
Principal)
and in favor of COLLIER COUNTY, FL
Obligee)
Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall
be amended as follows:
The Bond amount shall be amended:
FROM: Six Hundred Sixteen Thousand Eight Hundred Eighty Seven
and 25/100 ($616,887.25) Dollars
TO: Three Hundred Sixty Six Thousand Six Hundred Ninety Eight
and 37/100 ($366,698.37) Dollars
It is further understood and agreed that all other terms and conditions of this bond shall remain
unchanged.
This Rider is to be Effective this 29th day of February, 2016.
Signed, Sealed & Dated this 1st day of March, 2016.
FCC PRESERV LC
Principal)
V /By:
Aubrey J. Ferrao, Manager and President, and Not Individually
WESTCHESTER FIRE INSU NCE COMPANY
Surety)
By:
1/4 jeUiA_Lje_e_
Cyn is Farrell , Attorney-in-Fact
16.A.21.b
Packet Pg. 780 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
Power of WESTCHESTER FIRE INSURANCE COMPANY
Attorney
Know all men by these presents: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 11,2006,to wit:
RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into the ordinary course of business(each a"Written Commitment"):
I)Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise.
2)Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that
such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-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 writing any person the attorney-in-fact of the Company with
full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Wrinen Commitments of the Company as may be specified in such written
appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
4)Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written 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 Resolution,and the seal of the Company,may be affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority 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 vested.
Does hereby nominate,consftute and appoint Annette M Leuschner,Cynthia Farrell,Debra A Deming,Edward Reilly,Evangelina L Dominick,Jessica lannotta,Kelly
O'Malley,Sandra Diaz,Thomas Rhatigan,Valorie Spates,Vivian Card,all of the City of NEW YORK,New York,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 and all bonds,undertakings,recognizances,contracts and
other writings in the nature thereof in penalties not exceeding Seventy Five million dollars&zero cents($75,000,000.00)and the execution of such writings in
pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 20 day of August 2015.
WESTCHESTER FIRE INSURANCE COMPANY
0;
J
Stephen M,Haney,Vice Presiderft
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 20 day of August,AD.2015 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen
M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors
of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
crJay cwwwuwaun+OFPENNsnvANIA
06,W`s NOTARIAL SEAL
ts'
r';.% KAREN E.BRANDT, Pubic
City Of t
s?
1' : :
Cann ortP &Ora Sept.25,201$
I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect.
MAR 001
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day v.
418.3 7 h(edv"
W'ilkam L.Knfry,JlssiiWnt?Off
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE Al'IER August 20,2017.
P
F os
DocuGard#04546 contains a securl background,blue back round,heat-sensttiue ink,coin-reactive watermark.and microtext printing on Polder Ea P`p
16.A.21.b
Packet Pg. 781 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
WESTCHESTER FIRE INSURANCE COMPANY
FINANCIAL STATEMENT DECEMBER 31,2014
ADMITTED ASSETS
BONDS 1,978,280,686
SHORT-TERM INVESTMENTS 14,407,134
STOCKS 3,117
REAL ESTATE 0
CASH ON HAND AND IN BANK 209,597,077)
PREMIUM IN COURSE OF COLLECTION* 77,396,247
INTEREST ACCRUED 19,326,013
OTHER ASSETS 132,043,591
TOTAL ASSETS 2,011,859,711
LIABILITIES
RESERVE FOR UNEARNED PREMIUMS 185,962,253
RESERVE FOR LOSSES 904,379,052
RESERVE FOR TAXES 2,948,809
FUNDS HELD UNDER REINSURANCE TREATIES 5,973,257
OTHER LIABILITIES 6,538,206
TOTAL LIABILITIES 1,105,801,577
CAPITAL: 70,000 SHARES,$71.43 PAR VALUE 5,000,100
CAPITAL: PAID IN 298,429,489
AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 124,168,040
SURPLUS (UNASSIGNED) 478,460,505
SURPLUS TO POLICYHOLDERS 906,058,134
TOTAL 2,011,859,711
EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor, being duly sworn,says that he is Senior Vice President of
Westchester Fire Insurance Company and that to the best of his knowledge and belief the
foregoing is a true and correct statement of the said Company's financial condition as of the
31 st day of December,2014.
Sworn before,e this April 9,2015
j1/1//4
Sep tdr Vice President
Notary Public J My cophmission expires
COMtviefp!: At jti p PENNSYLVANIA
Notariai Seal
Dlane Wright,Notary Public
City of Philadelphia,Philadelphia County
My Commission Expires Aug.8,2815
MrMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
16.A.21.b
Packet Pg. 782 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)
ACKNOWLEDGEMENT OF SURETY
STATE OF NEW YORK )
CITY OF NEW YORK ) SS:
COUNTY OF NEW YORK )
On this 1st day of March in the year 2016, before me personally came to me known,
who being by me duly sworn, did depose and say that Cynthia Farrell she resides
in New York,New York that she is the Attorney-in-Fact for Westchester Fire Insurance
Company the corporation described in and which executed the above instrument; and that she
signed her name thereto by order of the Board of Directors of said Corporation.
rt%04/1
Notary Public or Commissioner of Deeds
EVANGELINA L. DOMINICK
Notary Public-State of New York
NO.01 D04769474
Qualified in Westchester CountyMyCommissionExpiresZia/ 0/
16.A.21.b
Packet Pg. 783 Attachment: Bond Basis (15248 : Subdivision Extension - Fiddler's Creek Phase 5, Aviamar, Unit Two)