Agenda 04/14/2026 Item #16A7 (Resolution for the final acceptance pf the private roadway and drainage improvements for the final plat of Warm Springs PL20150001870 and Warm Springs Phase 2, PL20170001519)4/14/2026
Item # 16.A.7
ID# 2026-588
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 Warm Springs, Application Number PL20150001870 (PPL), and
Warm Springs – Phase 2 (FP), Application Number PL20170001519, and authorize the release of the maintenance
securities in the amount of $372,237.10 and $164,509.20, respectively.
OBJECTIVE: To have the Board accept final approval of the infrastructure improvements associated with the
subdivision, accept the plat dedications, and release the maintenance securities.
CONSIDERATIONS:
1. The Growth Management Department granted preliminary site acceptance for the roadway and drainage
improvements in Warm Springs on January 18, 2017, and in Warm Springs — Phase 2 on March 15, 2019.
2. Warm Springs Community Association, Inc will maintain the roadway and drainage improvements.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on February 26, 2026, and recommended final
acceptance.
4. A Resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office.
The Resolution is required by Section 10.02.05.C of the Land Development Code. A copy of the Resolution is
attached.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by Warm Springs Community
Association, Inc. The existing securities in the amount of $372,237.10 for Warm Springs and $164,509.20 for Warm
Springs — Phase 2 will be released upon Board approval. The original securities were reduced to the current amounts
based on the work performed and completed, and pursuant to the terms of the Construction and Maintenance
Agreements dated February 3, 2016, and January 20, 2018.
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. - CLD
RECOMMENDATION(S): To grant final acceptance of the roadway and drainage improvements in Warm Springs,
Application Number PL20150001870 (PPL), and Warm Springs — Phase 2 (FP), Application Number PL20170001519,
and authorize:
1. The Chairman to execute the attached Resolution authorizing final acceptance of the improvements and plat
dedications.
2. The Clerk of Courts to release the maintenance securities.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
Page 584 of 3203
4/14/2026
Item # 16.A.7
ID# 2026-588
1. Location Map
2. Bond Basis - Phase 1
3. Bond Basis - Phase 2
4. Resolution
5. Plat Map Phase 1
6. Plat Map - Phase 2
Page 585 of 3203
WARM SPRINGS AND
WARM SPRINGS - PHASE 2
LOCATION MAP
Page 586 of 3203
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SLJBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this � ic'Q day of f '6f#:_ WA Pt � , 20 / fa betweenrvoow•""-·'''" hereinafter referred to as "Developer, 'and the Boar 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: Warm Springs, PL20140000667
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: Roadway, drainage, water & sewer improvements
within I A 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 $ 3.9ao.234.26 -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 required improvements
shall continue unless or until the Board accepts maintenance responsibility for and by the County.
Page 587 of 3203
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 3y� day of i:::r;.s K,U,A �lj , 20-1Je_.
SIGNED IN THE PRESENCE OF:
Printed Name
Prin
ATTEST:
(Name of Entity)
By: Argo Warm Springs, LLC (General Pa rtner)
Printed Name/Title
(President, VP, or CEO) Scott Bland.Manager, Argo Warm Springs, LLC
(Provide Proper Evidence of Authority)
Page 588 of 3203
Page 589 of 3203
Page 590 of 3203
.. . .
SCHEDULE A B
C
D
E
F
Q.GRADY MINOR & ASSOCIATES, P.A.
CIVIL ENGINEERS LAND SURVEYORS PLANNERS LANDSCAPE ARCHlTECTS
WARM SPRINGS AMENDMENT
ENGINEER'S OPINION OF PROBABLE COST
September 10, 2015
DESCRIPTION
Earthwork
Paving
Wastewater Collection
Potable Water Distribution
Stenn Drainage
Landscape and Irrigation
TOTAL
110% of TOTAL
SUMMARY
Phase 1 Phase 2
$364,270.00 Pait of Phase l
$535,662.00 $346,220.00
$978,621.00 $326,734.00
$294,325.00 $213,320.00
$551,867.00 $178,697.00
$141,476.00 Part of Phase l
$2,866,221.00 $1,064,971.00
$3,152,843.10 $1,171,468.10
Water and Wastwwater Total=
Earthwork, Paving, Drainage, Street Lights &
Landscaping Tota,] =
G:\Englneering\PROJ-ENG\W\WSA\06DP\03PPL Amend\OPC\OPC Amendment_2015.09.1 O
TOTAL
$364,270.00 $881,882.00 $ l ,305,355.00
$507,645.00
$730,564.00
$ I 41,476.00
$3,931,192.00
$4,324,311.20
$1,813,000.00
$2,118,192.00
1 of 11
Page 591 of 3203
November 21, 2016
TD Bank, N.A.
6000 Atrium Way
Mt. Laurel, NJ. 08054
Co _1er County ' � ......... ___.-,WWW Growth Management Division
Planning & Regulation
Land Development Services
RE: Your Irrevocable Standby Letter of Credit No. 20007218
Warm Springs / Argo Warm Springs, LLLP
Dear Sir or Madam:
Please be advised that based on the work completed to date, the referenced Performance Security may be
reduced by $559,119.60, leaving an available security of $2,593,723.50.
An original Amendment reducing the value of the Letter of Credit should be directed to this office, "all other
terms and conditions of original Letter of Credit 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,
'JoAH lloi.Odswo,tA
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Cc: Grady Minor & Associates
---<i>·---
Land Development Services• 2800 North Horseshoe Drive • Naples. Florida 34104 • 239-252-2400 • www.colliergov.net
Page 592 of 3203
December 13, 2016
TD Bank, N.A.
6000 Atrium Way
Mt. Laurel, NJ. 08054
--:w Growth Management Division
-, Planning & Regulation
Land Development Services
RE: Your Irrevocable Standby Letter of Credit No. 20007218
Warm Springs / Argo Warm Springs, LLLP
Dear Sir or Madam:
Please be advised that based on the work completed to date, the referenced Performance Security may be
reduced by $2,221,486.40, leaving an available security of $372,237.10.
An original Amendment reducing the value of the Letter of Credit should be directed to this office, "all other
terms and conditions of original Letter of Credit 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,
'JoA1e Ho1«edswortA
John H Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Cc: Grady Minor & Associates
Land Development Services• 2800 North Horseshoe Drive• Naples, Florida 34104 • 239-252-2400 • www.colliergov.net
Page 593 of 3203
TD A.nk
Ameai<a's l/lo3t Convehi€nt Eankc
GlobalIr.d€ Frnance
6000 Atr !m Way
[,4ou.t Laure, N] 08054
T 884 751 9000
F 856 531 6545
tdbank..om
December 19,2016
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 20007218
AMENDMENT NO. 1
EXPIRATION DATE: December 23, 2017
The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary")
c/o Engineering Services
2800 North Horseshoe Drive
Naples, Florida 34'104
We hereby amend lrrevocable Standby Letter of Credit No. 20007218 as follows:
1. The amount of Letter of Credit is reduced lo $372,237.10.
All other terms and conditions of Letter of Credit to remain the same.
Kindly address all correspondence regarding this Letter of Credit to the attention of
Global Trade Finance, Standby Letter of Credit, 6000 Atrium Way, Mt. Laurel, NJ
08054, mentioning our letter of credit number as it appears above.
TD BANK, N.A
!-a)1
Diane Ruch
Vice President
]D
Re: Arqo Warm Sorinqs, LLLP
Page 594 of 3203
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1153639
KNOW ALL PERSONS BY THESE PRESENTS: that
ARGO WARM SPRINGS, LP
21141 BELLA TERRA BLVD.
ESTERO, FL 33928
(hereinafter referred to as "Owner") and
LEX ON INSURANCE COMP ANY
10002 SHELBYVILLE ROAD, SUITE 100
LOUISVILLE, KY 40223
(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 Hundred Seventy-Two Thousand Two
Hundred Thirty-Seven and 00/100 Dollars ($372,237.00) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board
an application for Warm Springs (PPL), Permit No. PL20150001870 (Subdivision-Onsite) and that certain obligations
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 it is released
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.
Page 595 of 3203
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 15th day of
December, 2017.
Attest:
Owner
Argo Warm Springs, LP
By:
State of Florida
County of Col \ (-Qy\,
I HEREBY CERTIFY than on this day, before me, an officer duly authorized to take acknowledgements,
personally appeared (TvT \ C\ of Argo Warm Springs, LP. to me known to be described in and
who executed the forgoing 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
LISA WRIGHT
U A O MY COMMISSION #GG 039877
EXPIRES: October 19,2020
YjoVftjV Bonded Thru Notary Pubfc Underwriters
id this |^*^day of
Notary Public, State oJ/Florida
My Commission expires
Attest:
vzIsL
Lynneftfe Long, Bond Assistant
Surety
Lexon Insurance Company
N TVlAr^CQ .4,A.LAC^
Theresa Pickerrell, Attorney-in-Fact.
State of Kentucky
County of Jefferson
Before me this day personally appeared Theresa Pickerrell. Attorney-in-Fact for Lexon Insurance Company
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 15th day of December, 2017
Sandra L. Fusinetti, Notary Public
My Commission expires February 13, 2020.
LDCA:6
Page 596 of 3203
. v , POWER OF ATTORNEY
LX- 316866 Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin,
Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerrell,
Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and
on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attorney-in-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-in-
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant 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, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
I'O*
David E. Campbell
President
ACKNOWLEDGEMENT
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say
that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he
executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
AMY TAYLOR
Notary Public- State of Tennessee
Davidson County
Mv Commission ExDires 07-08-19
Amy Ffaylor
Notard Public
'II Mil*** CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the forgoing 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 Seal at Mount Juliet, Tennessee this Day of 20 \~\
V Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance 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."
Page 597 of 3203
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE �EEMENT FOR SUBDIVISION IMPROVEMENTSent�red into this Z.!2 day of A.AJ / ____ , 20 / , between ll<n° W1t-.Stfl11.ts., U' 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 theBoard of certain plat of a subdivision to be known as: Wann Springs Phase 2B.Chapter 4 and 10 of the Collier County Land Development Code required the Developer to postappropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1.Developer will cause to be constructed: Roadway, Dra inage, wa ter & sewer improvem ents
within / & months from the date of approval said subdivision plat, said improvements hereinaftbr referred to as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" andby reference made a part hereof) in the amount of $164,509.20 -which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to completethe 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 improvementswithin 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 substantialcompletion 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 ofsubstantial 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 afterpreliminary 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 required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County.
Page 598 of 3203
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 performanc;e: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 De�oper have caused this Agreement to be executed by
their duly authorized representatives this C:, i:) day of J!A El / ___ , 20_!_,fz_.
A ,• ..,;., •• • r-1--r-r1 ___ , ,,.....,,, 1' ''' ''•" '' •--Scott A. Storie, A�sistant County Attorney
Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Page 599 of 3203
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1154999
KNOW ALL PERSONS BY THESE PRESENTS: that
ARGO WARM SPRINGS, LP
21141 BELLA TERRA BLVD.
ESTERO, FL 33928
(hereinafter referred to as "Owner") and
LEXON INSURANCE COMPANY
10002 SHELBYVILLE ROAD, SUITE 100
LOUISVILLE, KY 40223
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One Hundred Sixty-Four Thousand Five Hundred
Nine and 20/100 Dollars ($164,509.20) 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 TlilS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board
an application for Warm Springs, Phase 2 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 it is released 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.
Page 600 of 3203
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 19th day
of January, 2018. Owner Attest:
-�c3/�_· )✓,�Lf-,�-___,_ _ __,L-i-sa Wright
Attest:
State of Flori,qa
County of �CU) ..e;('
I HEREB · day, before me, an officer duly authorized to take acknowledgements,
personally appeared Clr\� of Argo Warm Springs, LP, to me known to be descn"bed in and
who executed the forgoing instrument and knowledged to and before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid this o(� of
2018.
My Commission expires Surety Attest:
� iv1 t' O OQA >Lori Miller
Lexon Insurance Co� ,/
By:�f.?<{�Brook T. Smith , Attorney-in-Fact
�� Lynnette Long
State of Kentucky
County of Jefferson
Before me this day personally appeared Brook T. Smith, Attorney-in-Fact for Lexon Insurance Company
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 19th day of January, 2018.
��B.-�
Theresa Pickerrell, Notary Public
My Commission expires October 26, 2019.
LDCA:6
Page 601 of 3203
POWER OF ATTORNEY
LX-322150Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-InFact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant 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, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
BY __ _.,a,--,,.c-D-a+-�-�-,,--�'--m-p-be--{,11 ,,,,,,_ __ _ President
ACKNOWLEDGEMENT On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
AMY TAYLOR
Notary Public-State of Tennessee
Davidson County
Mv Commission Exoires 07-08-19
CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the forgoing 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 Seal at Mount Juliet, Tennessee this Day of�. 20__1R_.
BY ��-� ----.-----,-A-n-:d -re -w --=s -m-,it_,,.h-�------Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance 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."
Page 602 of 3203
SCHEDULE
A
fl
C
D
E
F
Q. GRADY MINOR& ASSOCIATES, P.A.
�!Y!!,J:;!'.{Q.lliff£Ll@Q_S.U.RY.llYQRS PL/\Nl-!ERS _l,ANDSC_M!:_ARQ!D'[;_C:rs .
WARM SPRINGS
ENGINEER'S OPINION OF PROBABLE COST
June 29, 2017
SUMMARY
----· ---------·
DJ:,'SCJUL'J'ION /'/l(tSe I Pl,ase2
Earthwork $364,270.00 Pa11 of Phas� I
Paving $535,662.00 $346,220.00
Wastewater Collection $978,621.00 $326,7311.00
Potable Waler Di�tribnlion $294,3?.5.00 $213,320.00
Storm DrainaJ?.c $5.51,867.00 $218,918.00
Landsca11e and lrri.l!ation $141.476.00 Pnrl of Phase I
SUBTOTAL $2,1?66,211.00 Sl,/05,192.00
10% of SUBTOTAL $286,622.10 $110,519.20
TOTAL SJ,152,843.10 $1,215,71 /.20
4----
Phm,e I
1VTAL Compfetetl
$364,270.00 $0.00
$881,882.00 $77,065.00
$1,)05 355.00 $0.00
$507 645.00 $0.00
$770 785.00 $0.00
$141,476.00 :S74,550.00
$3,971,413.00 $151,615.00
$397,141.30 $15,161.50
$4,368,554.30 $166,776.50
CmTcnt Bond Amount $ 372,237.10 Per bond reduction d11ted 12/13/16
G:�na•neering-.PJ{()J.f.NG\\WtJSA\'.nOP\Fin!t\ Plat (rP) 4-�Ufl\OFG
['")'.,•'•f"!Jr"!t.1'•':1:,1,:,.J �c-••�,-,., or; 1s;:cs !:.t1:it �r r:..-w< .. 0'-l <;. �j ,-,� 1!111,� J l(,}�1 •• i..n I l t ,"C,.,! S• '1 �,!:·or:;,. e,. In.;)•-'="' ,-a". �"',t" "'tr•1rt,,vl1 5ogl'l•'l.tt.(\•".;l�t/'•''r'lo';. ,.o•n·:ir·v.n r'F ..n!tt.=;,•••,t,,,,-t-t'"'•' ,,-_,."1,:_";:,,. a.J:lt;.l°'C.�l,:,11�,;;11" 0,J; ·,r:c.l "-CP•\(.':1J �,, • .,,.orl-ar..-r,1; ,..• �.t-,J -;;r .. Ja,-.cwaltJJr.dtJto","11-' 1.1,..,.l'I •41;:._,-•r� .. !'"'l'.•:r• ... ,,..,,.,1111 t
,.·�,i:r�t'K c.t.:, .. -.. C n.,-..1,.w1;)p-ao,•n•.-·c:o1"1 '-•t:S Rji,:;i;:n J ··"" ':� (h.1:nc1 .,! /J J (J_,_..,,-.. �,I l.!cat>'Jr, r,,� ,c1 '·'.X3-Y.J ee 1 · "� Plw.tel Completed
$0.00
$53 990.00
$0.00
$0.00
$0.00
$0.00
$53,990.00
$5,399.00
$59,389.00
1 or 1
Page 603 of 3203
WARM SPRINGS
ENGINEER'S OPINION OF PROBABLE COST
6/29/2017
PHASE 2
SCHEDULE 11 B 11 PAVING Roadway construction complete per the plans and County specifications including stabilized subgmde,
stabilized shoulder, limerock base, tack coat, asphaltic concrete, required testing by an independent
laboratory, roadside fill and grading for full width of right-of-way and easements, finish grading, seeding and
mulch.
ITEM DESCRIP110N
B-1 12" Stabilized Subgrndc
B-2 6" Limcrock Base (Compacled and Primed)
B-3 3/4" Aphallic Concrete Type S-lll (1st Li.ft)
D-4 3/4" Aphaltic Concrete Type S-ITT (2nd Lin)
B-5 Valley Gutter
B-6 Type "A" Curb
B-7 Tvpe "F" Curb
B-8 5' Concrete Sideivalk 4" Thick
D-9 Handicap Curb Ramps -All Types
B-10 Concret Flume
B-11 Sodding (4' Back of Curb)
B-12 Signing & Pavement Mnrkings
B-13 Street Lights -FPL Provide Md Install
B-14 SctPRM's
B-15 Set PCP's
B-16 Remove Paved Stubout and Install Sidewalk and
Curb/Gutter
Remove Pavement, Sidewalk and Curb/Gutter at
B-17 Project Entrance. lllstnll Sidewalk and Curb
Ramps
8-18 Remove and Replace Asphalt Path for CS-I
OutfaU Pipe
TOTAL
Q. Grady Minor & Associates
G:\Englnccriog\PROJ-ENG\WIWSA\060Plfinal Plat (FP) 4-2017\0PC
UNIT
SY
SY sy
SY
LF
LF
LF
LF
EA
EA
SY
LS
EA
LS
LS
LS
LS
LS
UNIT TOTAL
PRICE QUAN11TY PRJCE
$2.00 12,210 $24,420.00
$6.00 9,800 $58,800.00
$4.00 9,800 $39,200.00
$5.00 9,800 $49,000.00
$8.00 7,330 $58,640.00
$12.00 0 $0.00
$12.00 610 $7,320.00
$18.00 3,820 $68,760.00
$600.00 2 $1,200.00
$600.00 0 S0.00
$1.50 3,260 $4,890.00
$1,000.00 1 $1,000.00
$1,000.00 28 $28,000.00
$2,990.00 I $2,990.00
$2,000.00 l $2,000.00
$5,000.00 0 $0.00
$5,000.00 0 $0.00
$3,000.00 0 $0.00
$346,220.00
PHASE 2 COl'rlPLETED
QUAN111'Y PRICE
0 $0.00
0 $0.00
0 $0.00
9,800 $49,000.00
0 $0.00
0 $0.00
0 SO.DO
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
I 52,990.00
I $2,000.00
0 $0.00
0 S0.00
0 $0.00
$53,990.00
a or 11
Page 604 of 3203
WARM SPRINGS
ENGINEER'S OPINION OF PROBABLE COST
6/29/2017
PHASE 2
SCHEDULE "C"
WASTEWATER COLLECTION
Includes fumisl1ing and handling of RII required materials, joint restraint, thrust blocks, connections to
other pipelines, RII excavation (including rock nud over-excavation if necessary), dcwatering, 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, FDEP and County with a
complete working wastewater collection system as shown on the drawings and specified iJ1 these
contract documents. Cut ranges are measured from profile grade line to invert of the pipe or man11ole.
ITEM DESCRIPTION UNIT
C-1 8" Gravity PVC-SOR 26 (0-6' Cut)Lr
C-2 8" Gravity PVC-SOR 26 (6-8' Cul)LF
C-3 8" Gravity PVC-SDR 26 (8-1 O' Cut)LF
C-4 8" Gravity PVC-SDR 26 (10-12' Cut)LF
C-5 8" Gr-c1vity PVC-SOR 26 (>12' Cut)LF
C-6 Television Inspection LP
C-7 Manhole 4' Diameter (0-6') EA C-8 Manhole 4' Diameter (6-8') EA
C-9 Manhole 4' Diameter (8-1 O') EA
C-10 Manhole 4' Diameter ( I 0-12') EA
C-11 Mnnhole 4' Diameter(> 12' Cut) EA
C-12 6" Single Sewer Service EA
C-13 6" Double Sewer Service EA
C-14 6" PVC Force Main (C900, DR 18) LF
C-15 6" PVC Poree Main (C900, DR 14) LF
C-16 Air Release Combination Assembly EA
C-17 Pump Station EA
C-18 Remove Existing 8" force main Stub-out
& Relocate 8" Plug Valve EA
TOTAL
Q. Grady Minor & Associates
G:\Englnoo11og\PROJ-ENG\W\WSA108DP\Floal Plat (FP) 4-2017\0PC
UNIT TOTAL
PRICE QUANTITY PRICE
$28.00 1,513 $42,364.00
$33.00 626 $20,658.00
$45.00 538 $24,210.00
$60.00 1,217 $73,020.00
$80.00 0 $0.00
$3.00 3,894 $11,682.00
$5,000.00 8 $40,000.00
$5,500.00 8 $44,000.00
$6,500.00 2 $13,000.00
$8,000.00 0 $0.00
$12,000.00 0 S0.00
$800.00 7 $5,600.00
$900.00 58 $52,200.00
.$20.00 0 $0.00
$23.00 0 $0.00
$6,000.00 0 $0.00
$2 l0,000.00 0 $0.00
$2,000.00 0 $0.00
$326,734.00
PHASE 2 COMPLETED
QUANTITY PRICE
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 S0.00
0 $0.00
0 $0.00
0 S0.00
0 $0.00
0 S0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
$0.00
9 of 11
Page 605 of 3203
WARM SPRINGS
ENGINEER'S OPINION OF PROBABLE COST
6/29/2017
PHASE 2
SCHEDULE "D"
POTABLE WATER DISTRIBUTION
Jncludes furnishing and handling of aU required materials, joint restraint, thrust blocks,
connections to other pipelines, all excavation (including rock and over-excavation if
necessruy), 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 aud other items
necessary to complete the system and provide the Owner, FDEP and County with a complete
working water distribution system as shown ou the drawings and specified in these contract
documents. Lineal foot price of the pipe is to include the cost of all required fittings.
UNIT
ITEM DESCRIPTION UNIT PRICE
D-1 8 11 PVC Main (C-900, DR 18) LF $22.00
0-2 8 11 PVC Main (C-900, DR 14) LF $25.00
D-3 8" Gate Valve with Box EA $1,300.00
D-4 Fire Hydrant Assembly Complete EA $4,000.00
0-5 Single Water Se1vice EA $600.00 D-6 Double Water Service EA $800.00
0-7 2" Water Service to Rec Center EA $2,000.00
D-8 Pennanent Bacterial Sample Point EA $2,000.00
D-9 Automatic Flushing Device EA $4,000.00
D-10 Connect to Exist Main EA $2,000.00
D-11 Temporary Blow-off EA $1,000.00
TOTAL
Q.Grady Minor & Associates
G:\Englneering\PROJ-ENG\IMWSA\060P\Flnal Plat (FP) 4-2017\OPC
TOTAL
QUANTITY PJUCE
4,060 $89,320.00
80 $2,000.00
8 $10,400.00
9 $36,000.00
27 $16,200.00
48 $38,400.00
0 $0.00
0 $0.00
3 $12,000.00
3 $6,000.00
3 $3,000.00
$213,320.00
PHASE 2 COMPLETED
QUANTITY PRICE 0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00 0 $0.00
0 $0.00
0 $0.00
$0.00
1 o of 11
Page 606 of 3203
WARM SPRINGS
ENGINEER'S OPINION OF PROBABLE COST
6/29/2017
PHASE 2
SCHEDULE "E"
STORM DRAINAGE Includes fumishii1g and handling of all required materials, dewatering, bedding material (if necessary), rock removal and disposal off-site (if necessmy), 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, County ancl/or FOOT with a complete working drainage system as shown on the drawings and specified on these contract docmnents. Pipe measurement is to the center of the structures. UNIT
ITEM DESCRIPTION UNIT PRICE
E-1 15" RCP LF $35.00
E-2 18" RCP LF $44.00
E-3 24" RCP LF $60.00
E-4 30" RCP LF $80.00
E-5 36"RCP LF $95.00
E-6 Throat Inlet Type l EA $2,500.00
E-7 Valley Gutter Inlet EA $2,800.00
E-8 Type Clnlet EA $2,000.00
E-9 Junction Box EA $2,500.00
E-IO 15"FES EA $1,000.00
E-11 18" FES EA $1,200.00
E-12 24" FES EA $1,500.00
E-13 30" FES EA $2,000.00
E-14 36" FES EA $2,500.00
E-15 Control Structure EA $5,000.00
E-16 Bubble Up Structure Including EA $4,000.00 Rip Rap
E-17 10" HDPE Yard Drain Pipe LF $11.00
E-18 12" HDPE Yard Drain Pipe LF $13.00
E-19 Yard Drain Inlet EA $330.00
E-20 HOPE FES with Rip-Rap EA $500.00
E-21 Remove Exist 36" MES (TF 98)LS $500.00
E-22 Remove Inlet Top (TF 18),LS $2,200.00
Replace with MH Top Type 8
TOTAL
Q.Grady Minor & Associates
G:\Engineertng\PROJ-ENGIWIWSAI0ODP\Final Plat (FP) 4-2017\0PC
TOTAL
QUANTITY PRICE
1,094 $38,290.00
398 $17,512.00
575 $34,500.00
0 $0.00
280 $26,600.00
I $2,500.00
IO $28,000.00
5 $10,000.00
I $2,500.00
0 $0.00
2 $2,400.00
3 $4,500.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
2,666 $29,326.00
890 $11,570.00
34 $11,220.00
0 $0.00
0 $0.00
0 $0.00 $218,918.00 PHASE 2 COMPLETED
QUANTITY PRICE
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00
0 $0.00 $0.00 11 of 11
Page 607 of 3203
RESOLUTION NO.26-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIE,R COUNTY, FLORIDA
AUTHORIZING FINAL ACCEPTANCE OP CERTAIN
ROADWAY AND DRAINAGE IMPROVEMENTS AND
PLAT DEDICATIONS THEREOF RECORDE,D IN WARM
SPRINGS, ACCORDING TO THE PLAT THEREOF
RECORDE,D IN PLAT BOOK 60, PAGES 35 THROUGH 46,
AND WARM SPRINGS - PHASE 2, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 63, PAGES
58 THROUGH 63, AND RELEASE OF THE
MAINTENANCE SECURITIES,
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
November 10, 2015, approved the plat of Warm Springs for recording; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
September 26, 201 7, approved the plat of Warm Springs Phase 2 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 ofthe maintenance securities; 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 COLTNTY, FLORIDA, that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Warm Springs,
pursuant to the plat thereof recorded in Plat Book 60, pages 35 through 46, and Warm Springs -
Phase 2, pursuant to the plat thereof recorded in Plat Book 63, pages 58 through 63, and the
Clerk is hereby authorized to release the maintenance securities.
BE lT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Warm Springs and Warm Springs - Phase 2 wi[[ be maintained privately in
the future and will not be the responsibility of Collier County.
This Resolution adopted after motion, second and majority vote favoring same, this
dav of 2026.
cao
[23 -Er S-04844/200 593 4 t t]2 t
Page 608 of 3203
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Courtney L. DaSilva
Assistant County Attomey
BOARD OF COLINTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By'
Dan Kowal. Chairman
ao
3iE/26
,|
[23-ErS-04844/200 s93 4 t t)2 t
CAO
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