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Backup Documents 01/12/2016 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI U 1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office a/- /r 4. BCC Office Board of County Commissioners y -aLLcA\ 5. Minutes and Records Clerk of Court's Office AT *1032 41 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or m. sing information. Name of Primary Staff John Houldsworth Phone Number x-5757 /! Contact/ Department Agenda Date Item was January 12,2016 Agenda Item Number 16-A9 G/ Approved by the BCC Type of Document Plat -Golf Club of the Everglades Amenity Number of Original One Attached Center Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JH by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 12,2016 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 111/ 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for tle Chairman's signature. °�� Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TA (� THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County "� Commissioners \�FWV A': \ 5. Minutes and Records Clerk of Court's Office MIK° 3:aped, PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff John Houldsworth Phone Number x-5757 Contact/ Department Agenda Date Item was January 12,2016 Agenda Item Number 16-A9 / Approved by the BCC Type of Document Construction&Maintenance Agreement& Number of Original Two Attached Performance Bond-Golf Club of the Documents Attached Everglades Amenity Center PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JH 2. Does the document need to be sent to another agency for additional signatures? If yes, JH provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed JH by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! / 8. The document was approved by the BCC on January 12,2016 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the 11 BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. , I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16 A 9 MEMORANDUM Date: February 10, 2016 To: John Houldsworth, Senior Site Plan Reviewer Growth Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Construction & Maintenance Agreement and Bond #CMS289630 for the Golf Club of the Everglades Amenity Center Attached for your records are copies of the agreement and bond referenced above, (Item #16A9) approved by the Board of County Commissioners January 12, 2016. The original copies will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 16119 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this J e-e: day of f� ( , 20 i, � between Pulte Horne Corporation hereinafter referred to as "Developer," and the Bo d 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: Golf Club of the Everglades Amenity Center 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 18 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$202,252.75 - 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. 16A9 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 �, 4 day of - a ' _}• , 20 j; . SIGNED IN THE PRESENCE OF: (Name of Entity) G By: /y 'e- r - / z�-. Printed Name EG. y a� �jA-NI � rC 4,41> f'(-- Printed Name/Title ` 4-zc-,'r 01 �-el .-'e4' -1 (President,VP, or CEO) (Provide Proper Evidence of Authority) Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOA- • OF COUNT COMMISSIONERS OF • • LIER COUN•'Y,•FLORIDA By: .` .L ? (. � . By. Lug s ' Deputy CNC . ,mans _rh� �� s DONNA FIALA, CHAIRMAN Appr vedsul d legality: Item# Agenda Scott A. Stone;'Assistant County Attorney Date Date 7, Recd Depu( Clerk I 16 A 9 PERFORMANCE BOND BOND NO. CMS289630 KNOW ALL PERSONS BY THESE PRESENTS:that Pulte Home Corporation (Name of Owner) 24311 Walden Center Dr.,Ste 300 (Address of Owner) Bonita Springs, FL 34134 (Address of Owner) (Hereinafter referred to as"Owner")and RLI Insurance Company (Name of Surety) 89503.S2"«Street Suite 209 (Address of Surety) Tempe,A28S284 (AddressofSurety) 480'940-8420 (Telephone Number) (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 two hundred two thousand two hundred fifty two and 75/100($202,252.75) 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 of a certain subdivision plat named Golf Club of the Everglades Amenity Center and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations(hereinafter the"Guaranty Period"). NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. - PROVIDED,FURTHER,that the said Surety,for value received hereby,stipulates and t 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 16 A 9 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 25th day of January, 2016. Principal: Pulte Home Corporation I% , 1 By: Bryce Langen,Assistant Treasurer Witness:Gregory S. Rives 3101,4 ®— "1 Witness: Bernard J. Saunders ACKNOW DGEMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th DAY OF January, 2016, by Bryce Langen AS Assistant Treasurer OF Pulte Home Corporation WHO IS PERSONALLY KNOW TO ME. Notary Public-State of GEORGIA (SEAL) ', SHIRLEY E NUMMI 1 Mo4tY hlMe FuNon Comp eShir ey E. Hutc s, Notary Public Sail• esapii Commission Ewes Apr 17.20111 RLI Insurance Company Surety essica oma :;::r,A • •- , in-Fact Witness: . - Rene: • o Witness: ' /l1 •�►i.L�� Karen •'Brien SEE ATTACHED NOTARY 16A9 ACKNOWLEDGEMENT State of Arizona County of Maricopa On 1/25/2016 before me personally appeared Jessica Hollaender whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document. (Seal) Notary Signature JEREMY POLK Jeremy Polk y= NOTARY PUBLIC-ARIZONA My commission Expires June 28th, 2019 Wiie• 'fi'� - MARICOPA COUNTY My Commission Expires June 28.2019 GOLF CLUB OF THE EVERGLADES PHASE 1 (PL301500Q2440 PERFORMANCE BOND CALCULCATION PAGE 1 OF 2 FOR PLAT RECORDING SUMMARY PAVING = $58348.20 EROSION CONTROL = $2,000.00 DRAINAGE = $31.622.04 POTABLE WATER SYSTEM ---- � $38.115.77 WASTEWATER SYSTEM = $43,670.65 IRRIGATION SYSTEM = $9,108.48 TOTAL CONSTRUCTION COST ESTIMATE = $183,866.14 10%ADDITIONAL = $18,386.61 . . TOTAL 110%BOND AMOUNT = $302'252.75 PAVING _ DESCRIPTION UNIT QTY UNITPR|CE TOTAL PRICE ��'"Aophm|�Concmte(typoG'U|)2nd lift SY 1,440 $4.35 $6.264.00 3/4 Asphalt Concrete(type S-III) 1st lift SY 1,440 $4.70 $6,768 00 12"OtablizodSuhgnadv SY 1.728 $1.95 $3,369.60 6'Lirnerock Base(compact&prime) SY 1,728 $7.15 $12.355.20 4'Concrete Sidewalk SY 601 $27,00 $16.227.00 2'Sod(baok'of-uurb) SY 259 $1.50 %388.50 Type'0'Curb LF 163 $0.50 D1.548,50 2'Valley Gutter LF 1,164 $8.10 S9,428.40 Signage and Striping _ LS _ 1 $2,000.00 $2.000 00 SUBTOTAL $58.349.20 EROSION CONTROL DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE LumpSum um LG 1 $2.000.00 $2.000.00 SUBTOTAL $2'000.00 \\\\(|///// FL License No. 73943 GOLF CLUB OF THE EVERGLADES PHASE 'I (PL20150002440) 1 6A916 PERFORMANCE BOND CALCULCATION PAGE 2 OF 2 FOR PLAT RECORDING DRAINAGE DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 30°Flared End EA 1 $1,500.00 $1,500,00 18"RCP LF 22 $41,00 $902.00 24°RCP LF 148 $50.50 $7,474.00 30"RCP LF 201 $57.29 $11,515.29 Valley Gutter Inlet EA 2 $3,090.00 $6,180.00, Grate inlet EA 1 $1,850.75, $1,850.75 Junction Box EA 1 $2,200.00 $2,200.00 SUBTOTAL $31,622.04 POTABLE WATER SYSTEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 10"CL 150 PVC(DR18) LF 579 $3200 $18,528.00 ... 10"Gate Valve&Valve Box EA 1 $1,880.00 $1,880.00 Fire Hydrant Assembly Complete EA 1 $4,000,00 $4,000.00 Single Water Service w/Meter EA 1 $467.77 $467.77 Double Water Service w/Meter EA 4 $1,010.00 $4,040.00 Tie into Existing EA 1 $1,700.00 $1,700.00 Permanert Automatic Flushing Device EA 1 $7,500.00 $7,500.00 10"Temporary Blow-off wt BSP EA 1 $1,000.00 $1,000,00, SUBTOTAL $39,115.77 WASTEWATER SYSTEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Manhole 8'-10'cut EA 2 $5,100.00 $10,200.00 Manhole 10-12cut EA 1 $6,205.00 $6,205.00 8"PVC(SDR 26)8'-10'cut LF 394 $32.00 $12,608.00 80 PVC(SDR 26)1U-12'cut LF 260 $36.34- $9,448.40 6"Double Services w/Cleanouts EA 5 $723.35 $3,616.75 Connect to Existing EA 1 $775.00 $775,00 Television Inspection LF 654 $1.25 $817.50 SUBTOTAL ' $43,670.65 IRRIGATION SYSTEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 6"CL 150 PVC(DR18) LF 593 $15.36. $9,108.48 SUBTOTAL $9,108.48 \\Oil/ION \\\\Q,Ok-E H4R /// te // -;• 4,\,,• i','-e N 4•'.‘<*i... •ii, .:: ,,O,.'•• ‘ ...- ',, * ••,,-,:. OF /14 Z-- 7-:. O\ SIAIE , ii.i zzs. :-. ,,,..: v, 1....,... -..... ,•. "-FL-ov:04:-Ix'ka :•.` •-- qiON PA'" ‘.\ --;Ill i I 1 4,(0i,, t Daniel C. Hartley, P.E. FL License No, 73943 16A9 RLI Surety POWER OF ATTORNEY r� 9025 N.Lindbergh Dr.I Peoria,IL 61615 *4, Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint: Jessica Hollaender,Jeremy Polk,iointly or severally in the City of Phoenix , State of Arizona its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company,and now in force to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 9th day of October , 2015 . RLI Insurance Company By: '61 • fla Barton W.Davis Vice President State of Illinois ) } SS County of Peoria ) CERTIFICATE On this 9th day of October 2015 before me,a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock personally appeared Barton W. Davis , who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have hereuntp,set my hand and the seal of the RLI Insurance Company this GG day of January , 2016 . By: O/C Jacque e M.Bockler Notary Public RLI Insurance Company " HV "OFFICIAL SEAL" UfFH I sFU LC JACQUELINE M.SOCKLER By: 'NCOMMISSION EXPIRES 01/14118 ; Barton W.Davis Vice President ....... 0250773020212 A0058514 16 A 9 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF GEORGIA ) )ss. COUNTY OF FULTON ) This record was acknowledged before me on January 25, 2016, by Bryce Langen, as Assistant Treasurer of Pulte Home Corporation, a Michigan Corporation, who appeared before me and is personally known to me. WITNESS my hand and official seal. 2;741, UMW E� j Wiry Mie Mon Comfy signature of otary Public seats olGeorgia Commission Eoirss Apr 17,2018 Shirley E. Hutchins Notary Public State of Georgia My Commission Expires: April 17, 2018 CERTIFIED RESOLUTIONS 16 A 9 OF THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION I,Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of PULTE HOME CORPORATION, a corporation authorized and existing under the laws of the State of Michigan; that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of incorporation or Bylaws of said corporation. RESOLVED,that the Land Development Manager(s)of the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that are relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing (other than periodic reports), guarantees and environment indemnities. IN WITNESS WHEREOF, I have here unto set my hand this 2nd day of June,2010. lier/-110 '-'. 44Th• r , -, '''.*: "I: ....1. °°°; ' 41 Jan M.Klym,As Secretary STATE OF MICHIGAN ) , ) COUNTY OF OAKLAND ) e v' On June 2, 2010, before mc,Donna Marie Matyanowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted,executed the instrument. • WITNESS my hand and official seal. i . ....., , . Donna Marie Matyanows ,Notary Public Oakland County,Michigan My Commission Expires; 05/25/2013 16 A 9 PULTE HOME CORPORATION CERTIFICATE OF INCUMBENCY 1, the undersigned officer of PULTE HOME CORPORATION, a corporation duly organized and existing under the laws of the State of Michigan ("the Corporatioe),hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation,and that each of the following individuals are duly acting South Florida division employees of the Corporation,each such individual holding the title set forth following such individual's name. Name Title Michael Woolery Land Development Manager Michael liucniken Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2,2010. PULTE HOME CORPORATION, ILit • a Michigan corporation `-.. 4***- Cr? ?;?). 1:\ By: #9-f, • ri " .n M.Klym,Assistant Se. e ary 7- *"..1 CERTIFIED RESOLUTIONS 16 A 9 OF THE BOARD OF DIRECTORS OF CENTEX REAL ESTATE CORPORATION I,Jan M. Klym, hereby certify that.I am a duly elected and acting Assistant Secretary of CENTEX REAL ESTATE CORPORATION, a corporation authorized and existing under the laws of the State of Nevada;that following is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on June 2, 2010, in accordance with the provisions of the Nevada Revised Statutes; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of' the Articles of Incorporation or Bylaws of said corporation. RESOLVED,that the Land Development Manager(s)of the South Florida Division shall have the following signing authority: General Development: Applications, tentative and final subdivision plats and maps, development agreements, land development agreements, amenity contractor agreements and all other documents that arc relevant or incident to the development of real property in which the Company or the Partnership has any interest, NOT to include documents relating to real property financing and land banking transactions, including but not limited to, loan agreements, security agreements, promissory notes, deeds of trust, special taxing district financing (other than periodic reports), guarantees and environment indemnities. wiTNEss WHEREOF,I have here unto set my hand this 2nd day of June,2010. if /2,7 ° o Jan M. Klym,Assto Secretarylc) .Qc A t-AL %-q STATE OF MICHIGAN ) • 2007 / COUNTY OF OAKLAND ) •••,, ettAti Ik >0% On June 2, 2010,before me, Donna Marie Matyarlowski, a Notary Public in and for said State, personally appeared Jan M. Klym, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. 1440.4„0/11j fr:IY Donna Marie Matyanowski,Notary Public Oakland County,Michigan • • My Commission Expires: 05/25/2013 16 A 9 CENTEX REAL ESTATE CORPORATION CERTIFICATE OF INCUMBENCY I, the undersigned officer of CENTEX REAL ESTATE CORPORATION, a corporation duly organized and existing under the laws of the State of Nevada Clhe Corporation"), hereby certify that I have access to the records and minutes of the proceedings of the Board of Directors of the Corporation, that the Corporation is the sole Managing Partner of CENTEX HOMES, a Nevada general partnership, and that each of the following individuals are duly acting South Florida division employees of the Corporation,each such individual holding the title set forth following such individual's name. Name Title Michael Wooley Land Development Manager Michael Hum iken Land Development Manager IN WITNESS WHEREOF, I have hereunto signed my name on behalf of the Corporation on June 2,2010. 40sikiiiii ton. 0,rtA,ESTAlgfg, CENTEX REAL ESTATE CORPORATION, a Nevada corporation ° SEAL '11‘ V.1 SC.' • : Cy: //' \ *. 2007 / **. $ *t•N *ip M. Klym,Assistan cc tary