Agenda 01/14/2020 Item #16A 4 (Resolution - Brandon Roadway & Drainage Improvements)01/14/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Brandon, Application Number PL20130001578, and Brandon
Replat, Application Number PL20150000523, and authorize the release of the maintenance
securities.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, and release the maintenance securities.
CONSIDERATIONS:
1) On June 30, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Brandon and Brandon Replat.
2) The roadway and drainage improvements will be maintained by the Barrington Cove
Homeowners Association.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on November 15,
2019, and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by Barrington Cove
Homeowners Association. The existing security for Brandon, in the amount of $314,724.99, will be
released upon Board approval. The original security in the amount of $3,850,979.92 has been reduced to
the current amount based on the previous work performed and completed and pursuant to the terms of the
Construction, Maintenance Agreement dated August 14, 2014. The existing security for Brandon Replat,
in the amount of $1,143.60, will be released upon Board approval. The original security in the amount of
$5,448.17 has been reduced to the current amount based on the previous work performed and completed
and pursuant to the terms of the Construction, Maintenance Agreement dated August 4, 2015
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. - SAA
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Brandon, Application Number PL20130001578, and Brandon Replat, Application Number PL
20150000523, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of t he
improvements.
2. The Clerk of Courts to release the maintenance securities.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review Division
16.A.4
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01/14/2020
ATTACHMENT(S)
1. Location Map (PDF)
2. Resolution (PDF)
3. Bond Basis - Brandon (PDF)
4. Bond Basis - Brandon Replat (PDF)
5. Plat Map - Brandon (PDF)
6. Plat Map - Brandon Replat (PDF)
16.A.4
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01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 10971
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Brandon, Application Number PL20130001578,
and Brandon Replat, Application Number PL20150000523, and authorize the release of the maintenance
securities.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/22/2019 10:42 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/22/2019 10:42 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 11/22/2019 10:49 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/22/2019 2:52 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/26/2019 8:22 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/26/2019 10:14 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/26/2019 2:17 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/09/2019 12:48 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/16/2019 10:01 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:26 PM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 7:57 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:59 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:34 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/03/2020 5:03 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.4
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BRANDON & BRANDON REPLAT
(FKA BARRINGTON COVE)
LOCATION MAP
16.A.4.a
Packet Pg. 509 Attachment: Location Map (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.b
Packet Pg. 510 Attachment: Resolution (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.b
Packet Pg. 511 Attachment: Resolution (10971 : Final Acceptance - Brandon and Brandon Replat)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONST RUCTION AND MAINT EN ANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this I Ith day of August 2014, between D. R. Horton, In c.
hereinafter refe1Ted 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: Brandon
B.Chapters 4 and IO of the Collier County Land Development Code requires the D'eveloper
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:
I.Developer will cause to be constructed: Subdivision Improvements including
potable water, sanitary sewer, stonn drainage, paving, grading, landscape and irrigation within 12
months from the date of approval said subdivision plat, said improvements hereinafter referred to
as the required improvements.
2.Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $3,850,979.92 which amount
represents I 0% of the total contract cost to complete construction plus I 00% 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 perfonnance 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 Ma nager or his designee for compliance
with the Collier County Land Development Code.
Page lof3
16.A.4.c
Packet Pg. 512 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.c
Packet Pg. 513 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.c
Packet Pg. 514 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 1102172
KNOW ALL PERSONS BY THESE PRESENTS: that
(hereinafter referred to as "Owner") and
D.R. Horton, Inc.
10541 Ben C. Pratt/Six Mile Pkwy, Suite 100
Ft. Myers, FL 33966
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37076
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Three Million Eight Hundred Fifty Thousand Nine Hundred Seventy Nine and
92/100 Dollars ($3,850,979.92) in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
certain subdivision plat named Brandon PL201 30001578 and that certain subdivision shall include specific
improvements which are required by Collier County Ordinance_:i and Resolutions (hereinafter "Land Development
Regulations"). This obligation of the Surety shall commence on tl1e date this Bond is executed and shall continue until
the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter the "Guaranty Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy
all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automaticallv and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the fu-11 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.
16.A.4.c
Packet Pg. 515 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
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Packet Pg. 516 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.c
Packet Pg. 517 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
September 10,2015
Grovvth Management Department
Development Review Division
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN. 37076
RE: Your Performance Bond No. 1102172 - D.R. Horton, Inc.
Brandon Subdivision
Dear Sir or Madam
Please be advised that based on the work completed to date, the subject Performance
Bond may be reduced by $2,392,449.02,Ieaving an available security of $1,458,530.90.
The remaining security represents the required I0% maintenance value of the
improvements, plus I00% of any remaining improvements.
An original Bond Rider should be directed to this office, reducing the value of the Bond,
"all other terms and conditions of original Performance Bond to remain in full force and
effect".
If I can be of any further assistance to you in this regard, please let me know
Sincerely
loHN HOUTDSWORTH
John R Houldsworth
Senior Site Plans Reviewer
Collier County, FL.
With authority in these matters
Derdopnrt Review Di/ision . 28m Norh Home$e Dive . l,bfts, Hcila 341 04 , z*xzem . w*w.mlhgovnd
16.A.4.c
Packet Pg. 518 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.c
Packet Pg. 519 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
POWER OF ATTORNEY Lx- 237439
Lexon lnsurance 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 James I Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A.
Gardner. Elaine Marcus, Jennifer J. Mccomb, Melissa Schmidt, Tariese i,4. Pisciotto, Diane Rubright, Tiffany Cunniff its true and laMul
Attorney(slln-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 1'' 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-ln-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 $8,000,000 Eight Million dollars, which the Company might execute through its duly
elected officers, and atfix the seal of the Company thereto. Any said execution of such documents by an Attorney-ln-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-ln-
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power ot attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be atfixed this 5th day of August, 2015.
LEXON INSURANCE COMPANY
Da idE
President
ACKNOWLEDGEMENT
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say
that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he
executed said instrument on behalf of the corporation by authority oI his office under the By-laws of said corporation.
.....'$:f"i!a AMY TAYLOR
Nolary Public- Slate of Tennessee
Davidson County
Mv Commission Exoires 07-08-19
BY
zlh.,,.rs'"
Amy lor
No Public
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance 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.
sis ned and Seal atMountJuliet, Tennessee this 15 Day of september, zo15
4.BY
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intont to dgfraud 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 porson to criminal and civil penalties.,,
SEAL
SEAL
BY
rf
',.
16.A.4.c
Packet Pg. 520 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
STATE OF ILLINOIS }
COUNTY OF DU PAGE}
On September 15.2015 before me, aNotary Public in and for said County and State, duly
commissioned and ,*-o*, personally appeared Tariese M' Pisciotto known to me to be
Attorney-in-Fact of Lexon Insurance Company the corporation described in and that executed
the within *d for.goirrg iostrument, *d ktto*r, to me to be the person who executed the said
instrument on behaif oithe said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above'
My Commission Expires March 23,2019
16980
NolatY
Mvc
FFUNNICNFAFTILAESLAFFICoollllttlolsoStPulllic,esExllSISn1IonlI20cltatM
16.A.4.c
Packet Pg. 521 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.c
Packet Pg. 522 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
RIDER
To be attached to and form a part of Bond No. ll02l72
Effective: July29,2014
Bond Amount: $1,458,530.90
Executed by: D.R. Horton, Inc. as Principal
and by: Lexon Insurance Company as Suety
in favor of: Collier County, Florida as Obligee
In consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to reducins the sum of this bond to $502 ,515.80 per Oblisee letter dated
ber 13 2016
Nothing herein contained shall vary, alter or extend any provision or condition ofthis
bond except as herein expressly stated.
This rider is effective: September 13,2016
Signed and
Princi :D.R.
By'
eptember 14,2016
Inc.
pany
S
Principal
?,!3'ct,
ur
v:B
onLexctv
So., ,"
:FI::S':?l*\..
.++,,.
*
L. Morgan, Attomey -Fact4
I
16.A.4.c
Packet Pg. 523 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
Growth Management Division/Development Review ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400
Growth Management Division
Development Review
April 26, 2018
Michael C. Pappas, P.E.
RWA Engineering
6610 Willow Park Drive, Suite 200
Naples, FL 34109
RE: Performance Bond No. 1102172 – DR Horton
Barrington Cove (fka Brandon) – PL20130001578
Dear Mr. Pappas:
Please be advised that based on the work completed to date, the subject Performance
Bond may be reduced by $187,791.81, leaving an available security of $314,724.99.
The remaining security represents the 110% of the remaining site infrastructure
construction as well as a 10% of the completed Phase 1, Phase 2 and Phase 3 Paving,
Grading and Storm infrastructure.
An original Bond Rider should be directed to this office, reducing the value of the
Bond, “all other terms and conditions of the original Performance Bond to remain in full
force and effect”.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
Matt McLean
Matt McLean, P.E.
Director, Development Review/Growth Management
Collier County, FL.
16.A.4.c
Packet Pg. 524 Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.cPacket Pg. 525Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.cPacket Pg. 526Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.cPacket Pg. 527Attachment: Bond Basis - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this jlil-- day of r's'"t , 20 15
hereinafter refetred to as "Developer," and the Board of County
Florida, hereinafier 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: - Brandon Replat
-e. -naprer q ano io of the collier County Land Development Code required the Developer to post
ippiopriate guarantees for the construction of the improvements required by said subdivision
regulations, jaid 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 hereinafler set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Roadway, drainage, water & sewer improvemenls
within 12 months from the date of approval said subdivision plat, said improvemenls
hereinafter referred to as the required improve menls
betwee n DR Horion,lnc.
Commissioners of Collier County,
2
3
Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and
;y ;;i;i";"; ."de a part hereof) in the amount of $!!gy-.
- - - -
which amount represents '10% of
the total contract cosi to complete the construction plus 10O% of the estimated cost of to complete
the required improvements at the date of this Agreement.
ln the event of default by the Developer or failure of the Developer to complete such. improYements
within the time required by the La;d Development Code, Collier may call upon the su6ivision
performance securiiy to insure satisfactory completion of the required improvements.
The required improvements shall not be considered complete until a statement of substantial
comptetion by Develope/s engineer along with the final project records have been furnished to be
reviewed ani approvid by the County i,tanager or his designee for compliance with the Collier
County Land Development Code.
The county Manager or his designee shall, within sixty (60) days of receipt of the statement of
substantial complelion, either: a) ;otify the Developer in writing oJ his preliminary approval of the
improvements; or b) notiry the Devalop€r in writing of his refusal to approve improvemenls,
therewith specifying ihose tonditions which the Developer must fulfill in order to obtain the County
Manager,s 'approv; of the improvements. However, in no event shall the County Manager or his
oesigiee reiuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement'
The Developer shall maintain all required improvements for a minimum period of one year after
pr"ti.in"ry approval by the county Manager or his designee. Afler the one year maintenance period
by the Developer has terminated, ihe Developer shall petition the County Manager or his designee to
inspect the iequired improvements. The County Manager or his designee shall inslect 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 sec;rity. The Developer's responsibility for maintenance of the required improvements
shall continue unlesa or until the Board accepts maintenance responsibility for and by the County.
4
5
6
16.A.4.d
Packet Pg. 528 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
7.Six(6)monthsaftertheexecutionofthisAgreementandoncewithineverysix(6)monthsthereafter
the Developer may request it" corntv Maiager or his designee to reduce thedollar amount of the
subdivision performance """rrityon
ttie basiJof work complete, Each request for a reduction in the
dollar amount of me suoorvisiJn ferformance security shall be accompanied by a statement of
"ru.i"nti"i
completion Uy tne-oevetoper's engineer together with the project records necessary for
l,*i"*, oy the county urin"ge, or his'designeE. The county Manager or his.designee may grant the
,eqre"t for a reduction in tht amount of tie subdivision performance security for the improvements
completed as of the date of the request.
8. ln the event the Developer shall fail or neglect to fumll its obligations under this Agreement, upon
certification of such failure, 1ne County Minager or his designee may call upon the. subdivision
performance security to secure satisfjAory c6mpletion, repair and maintenance of the required
improvements. The Board
"n"tt
n"r" the rig'ht to construct and maintain, or cause to be c'nstructed
or maintained, pursuant to public adve-rtisement and receipt and acceplance of bids, the
*pror"r"nt, required neiein. rne Developer, as principal under the su-bdivision performance
selurity, shall be tiabte to pay and to indemniiy the Board, upon completion.of such construction, the
finat toiat cost to the Board ihereof, including, but not limited to, engineering, legal and contingent
costs, togetner with any damages, either di;ct or consequential, which the Board may sustain on
i""ornt Jt tn" t"ilure of the DeGloper to fulfill a of the provisions of this Agreement.
g. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns ofthe Developer'
lN WTNESS WHEREOF, the Board and the geveloper hqve caused this Agreement to be executed by
therr duly authorized representatives thi. 4 +! Oay of ArrrgL' 2Ol2-'
)DR Horton, lnc.me of EnSIGNED IN THE PRESENCE OF:
Jonalhon Pontco3l. DMsirn PrlsicloniBy:
JPrinted N
el.rPrinted
(Presid , orc EO)
(Provide ProPer Evidence ot Authorlty)
/2,Prlnted Name oo
ATTEST:
BOARD qE.COIJIITY COIUMISSIONERS
OF COLLI DA
Depu
By:
ffilnruce. cHAIRMAN
By:
ality:ed asA
stodl. stone nssistant county Attornev
DWIGHT E. BROCK,CLEiK
16.A.4.d
Packet Pg. 529 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
COLLIER COIJNTY LAND DBVBLOPMBNT CODB
PERFORMANCE BOND NO. I121630
KNOW ALL PERSONS By THESE PRESEI.ITS: thrr D.R- Hortoq IDc.
10541 Bon C. pratt/Six Milo Cyprcss pkuy, #100
Fort Mytrs, FL 339dd
(hopinafior rcfonod b as rowncr") 8nd Loron Insurancc Company
12890 Lobanon Road
Mount Juliot, TN 37122
(hotoinafur r€fcn€d io as "suretv") aro hcld and firmry bound unto corior county, Florida, (hcroinaftorrcferod to as "counrv') i! thc tofi;ggr6t;*i oioii"'fro,i#iroo..Hrod,"a ro* o,rrt
"na tzl,ooin lawftt monoy of thc unitcd staras,-rorm p"y*onTiFffiffi wo[ and tuly to bc madq wc bindoursclvas, our hcirs, cxccutoB, adminietaton, suocossors _a
","igrr,'ioioUy ""d d;t; ;;ly by d;prcscn8. Owncr 8nd Suroty arc uscd for singular or plural, as tto cintixt .cquires.
THE COND*ON OF THIS OBLIGATTON is such-thrt whoro.s, tho ownq hls submitted for approvar bvtho Board e ccnain subdiviaion plat nrm"a Frnaon nqorqt rpavine ani gndini) ;Jffi;il:tftffi;;shal includo cpocific improvomcot .*1i"ffi;;;;#.ffiffi;:(bercinaftcr 'T-and Dovclopmont Rogulations"l. mis Lurigau6n oiu-io'sur*y st att *.monco on tho dcto thisBond is excoued and shau continuc until tiro iato ornnaiaocopt r* w tr,Js"iid "f-c;ilffiffiil;;:r*,ry**" improvomotrts dcscribcd in m r"ra oiriir"Jiigurartons (hcrcinafir tho ,.ouaranty
Now, ITIEREFORE" if rhc owncr sb.fl wo[, rruly and fshhfulry pcrform i* obligrtions and dutiqs iuaccordalcc witr. thc Land Deveropment nogutafoonsiurinjt
" gr-,irity porioa osrabrirrrcd o, tho countv.and tho Ownor shall satis& all ctaims ond aJmanos incunj and "JJf-n ir;i ioao.rig, il;;J ffii#",ilCounty from and against all coste and damages *fri"f, iirn"iru}*'by ,."ron of Ownols failuro io do so.and shall rcimburso and ropav tho county air "r,r"t ;;a-;il.;-*ii*, to county may incur in makincgood any dcfrurt, thcn thie obligation shrti uo ,oio, o:tron"is"i. .,,"ii'i" n , t"rco and cfrccr_
PRoVIDED, FURTTB& ttat tlro said,.s-ur€ty, for varuo rtcoivod hcrcby, stipulatos and agrcoo that nochang6, o*osion of rimc, arbratiorL. addition ;; d€rorio;; ih;;r"p"; .p*rffc improvomonn sba[in anvlryay rffoct ib obti&tion on rhis BonJ, ad it doos h;nt;;;ffi;;dy il;;il;;iilftfjaltcration, addition or dcletion to tho ircporua ,pein" ii,filor"# -
PROVIDED FLTRTI{E& that it b .xprc€'ly agrccd thar tho Bond shalr bo dccmod amcndod auromrtia8[vand immcdiaolv, without formal and. sop.-t" i"*a.""tr i"*"]#I t" oua tho ownor and tho surltv tothc ftrll and frittflrl pcrformanco in 'accordance *ld, rlr;;;i;raop.*i nu!u-l.G;.- ffi ;#;"Amcndmoot," whswor usod in thie- Bond, ana wnothor-rofurin! f-tr,i, uora, or ot[or documcnts shslrincluda any ateration; additiotl or modlnc*ilr"
"ia"y "r,"*"i"iilil;";*.
.:.:
16.A.4.d
Packet Pg. 530 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this jl day of
Ausust.20l5.
D.R. Horton- Inc.
itness Signature Princ
By:
Witness Print Name or Type
Surety
Tiffanv Crrnniff By:
Witness Print Name or Type Attomey-in-Fact: Dawn L.
Florida license no.: P0l1322
STATE OF L
couNTY oF t eF
The foregoing instrument was acknowledged before me this t'hy of hr4r,5t .Zl5 uy &rn 6r<\0.oft ,
ldedtrtrcahon.who is personally known to me or has produced
t A,,A.'+-r(-(Print, Type, or Stamp Commissioned
Name of Notary Public)
STATE OF ILLINOIS
COUNTY OF DUPAGE
Publ
State oflllinois)
(Print, Type, or Stamp Commissioned
Name ofNotary Public)
Commrss,on r €E 1964t 5Mv Comm,ss,on Ero esMoy 07, 2Ol6
RINA PAIE I.
.t
Lexon Insurance Companv _
CX-{ ,r, - ^9
1 STgrature riINo6ry-Rub I ic ;
L.
Tiffanv
The foregoing instrument was ackrolvledged before me this ![ day ofAueust- 2015. by Davm L. Morean. Attomey-ln-
Fact. who is penonally known to me.
TIFIANY CUNNIFF
OFFICIAL SEAL
NotarY Prrl,l'c. Slnlc ol lllrnors
Mv Con)n)'ssron Irtrrres' Marclr 23. 2019
16.A.4.d
Packet Pg. 531 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
POWER OF ATTORNEY a.237382
Lexon !nsurance Company
KNOW ALL MEN BY THESE PRESENTS, thal LEXON INSURANCE COMPANY, a Texas Corporation, with its principat oftice in
Louisville, Kentucky, does hereby constitute and appoint;ie Kru T
J n its true laMul tto meY(s )-n F act to ma ke a n d
de ver fo an d on its beha tf a S su rety a n a nd bonds u nderta k in o s or ot her n nature of a
This authority is mad€ under and by the authority of a resolution which was pass€d by the Board of Oiractors of LEXON INSURANCE
COI,IPANY on th6 1'' day of July, 2003 as follows:
Resolved, that the President of the company is hereby authorized to appoint and empower any repr€sentalive of the Company or other
person or persons as Attomey-ln-Fact to execute on behaf of the Company any bonds, undertakings, policies, conlracts ot indemnity or othe
s S o bl r9 atory n nature of n ot to exceed s E s ht M o n d o lla rs,ich he C o m pan v mig ht execute th rou s h ts du
e lected officeas a n d affix th e sea of th Compa ny thereto.Any sar d executio n of S uch docu ments by a n shal be as upon
e C o m pa n v as if rh ey ha d be e n d u ly exec uted a nd a cknowl edg ed by th e reg U larl v el ected of the Any Attorn ey-n-F a ct so
appointsd, may be removad for good cause and the authority so granted may be revoksd as specifiod in ths Power of Attomey.
Rssolvsd, that the signaturs of the President and the seal of th€ Company may be affixed by facsimlle on any power of aflom€y granted,
and tho signaturo of the Assistant Secretary, and the seal of the Company may be affxed by facsimile to any certificate of any such power and
any such power or certificate b€aring such facsimile sonature and soal shall be valid and binding on th€ Company. Any such power so exscuted
and s€alod and certificate so executed and sealed shall, with respoct to any bond of undertaking to which it is attached, continue to b€ valid and
binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE CO|{PANY has caused this instrument to be sign€d by its President, and its Corporate
Seal to b6 affixed this 21"rday of Septemb€r, 2009.
LEXON INSURANCE CO PAI{Y
BY
Da E mpbel
President
ACKNOWLEOGEMENT
On this 2lstday of September, -2009, 991_oF In", p€rsonally came David E. Campbell to me known, who be duly sr,rom, did doposs asay that he is the Pr€sidenl of LEXON INSURANCE COXPANY, the corporation described in and which executed the a'bove instrument: thatexecuted said instrument on b€half of the corporation by authority of his offic€ under the By-lar,r€ of said corporation.
nd
.s!l{82
:i!*::
''h,rs''
AMY L. TAYLOR
Notary P!blic- Slate of Ten nessde
Davidson County
MvCommlsslon Exones 01{9 16
BY t
ylor
Public
th e U nd e rsrgn ed Assi stant S ecreta ry of IN
CERTIFICATE
SURANCE COMPANY
e and conect copy. is
T xas n SU fa nce Co m pan H E RE B CE R T FYongnalPowerofAttomeyofchtheforgoingtsatrunfuforceandeffectandhanotbeenrevokedand th elesolutionSassetforthafenforce
Signed and Sealat Mount Juliet, Tenness€e this 5th Day of August ,20 15
BY 4-Jb
Andrew Smith
Assistant Secretary
SEAL
SEAL
"WARNING: any porson who knowinqly and with inlant to dgtrsud.ny intur.nca co.rpany or othqr p.Eon, lllc! and apptication fo. inlur.nca of cl.imcont'ining any matorially fal3o information, or concaal! for tho purpoaa ol mlalaadi;g, intormatton conc.mlng eny tact material therato, co.nmita aflaudulant inau.ancs act, which i! a crima and rubiact3 3uch pa6on to cdminal md civil penaltioS.',
and execute,seal
writings obligatory bond.
a bond 8.000.000.00.
Attorney-ln-Facl binding
officers Company.
t,LEXON DO
16.A.4.d
Packet Pg. 532 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
rcP- P120150000851
REV: 1
E NGIN EERING
Engineer's Opiniou ol' f,robable Consouction Corts
Project; Brrndon - Barclry Oourt l)rtenllon
Drtc: Mrrch 30,2015
Ettlm.tcd By: Mlchr.l I'rpp.r
Ch.(I.d : Mi.h..l
PAVING ITND GR.AI'ING
DESCRI}TION IJNIT QUA\TIT}'U\IT
CrIST
TOTAL l
sY 150
sY 116
sY r 16
sY 116
Lr 52
LF 52
s)' l2
Prvhg rod Gr.dlng SuhTotsl -
s2.E0
s8.50
s4,?0
s6.co
$7.!0
12t.00
fl.50
yzo.62
$982.22
s543.1I
s693.33
$390.00
s1,456.0(,
$17.33
t4,502.6:2
o
F.. Calcuhtlont for Utilllr Con rucllon
0.75% tii Consructiotr Dlrcunent Rcvie\r
2.257. t'cr Constsuctidt lnspo:rion
Totrl flr br&d on O?C
$33.77
$ l0l .31
$r35,0E
Notcl
This EDgincc/r Olinicn of Prob.ble Cct nprcssnts dre cstimlrcd cor fc <rrrrding .Jrc
tqlfiwrxt end of Rurlly Coufl lpprorioat'rly 52 ff r! sho*n ori RWA C(mlhuc.tiqn l,lus las(
rcvisql April 20,5.
ctr2
Michscl C. P
A
4tgt:'.o15
Ctrtificrto of Burinds Ctai6cd. No EB-yJ'r661
P-l l2' St bilizrd Subsndc (f,BR 40)
P-:l 8' LirDqock Bsse (LBR ll)0)
P-] 3/4" Typc S-lll ACSC(l! Lilt)
P-l 3/,1" Typc SJll ACSC (2nd l-ifl)
P-t Colc etc Vrll.l, Guttq
P-5 24'Ribb6. Curt
P-|5 Sod (2'stip,,1o 8 Brck ofcu.b)
Drle at
Submitlrl
20lH$30 OPC BErclay Extsnson
16.A.4.d
Packet Pg. 533 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
COLT County
Growth Management Department
September , 2016 Development Review Division16
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN. 37076
RE: Your Performance Bond No. 1121630 - D.R. Horton, Inc.
Brandon Subdivision
Dear Sir or Madam:
Please be advised that based on the work completed to date, the subject Performance
Bond may he reduced by $4,304.57. leaving an available security of $1,143.60. The
remaining security represents the required 10% maintenance value of the improvements,
plus 100%of any remaining improvements.
An original Bond Rider should be directed to this office, reducing the value of the 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.
70I1N HOULDSIVOR111
John R Houldsworth
Senior Site Plans Reviewer
Collier County. FL.
With authority in these matters
Cc: Mike Pappas, PE
M.n
Development Revtew Dmsion•2803 North Horseshoe Dm*Napies Ronda 34104*234.252-2403**to/cebeilovnet
16.A.4.d
Packet Pg. 534 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
RIDER
To be attached to and form a part of Bond No. 1121630
Effective: August 5,2015
Bond Amount: $5448.17
Executed by: D.R. Horton, Inc. as Principal
and by: Lexon Insurance Company as Surety
in favor of: Collier County, FL as Obligee
In consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to reducing the aggregate sum of this bond to $1143.60 per Oblgiee letter
dated September 16, 2016.
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
This rider is effective: September 16, 2016
Signed and Sealed: September 20, 2016
Principa . P.R. Horton In .
By:
Principal
ksoc. Surety: Lexon Insurance pany
Sr
s
f
r• ;.Dawn L. Morgan, Attorne in-Fact
4rtV' :
Is/
16.A.4.d
Packet Pg. 535 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
POWER OF ATTORNEY
Lx- 270081
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 James I Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A.
Gardner. Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto, Diane Rubright, Tiffany Cunniff its true and lawful
Attorney(s)-In-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 $8,000,000 Eight 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
4EAL BY laDavid E. Campbell
co 1President
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.
R "'AMY TAYLOR
a = Notary Public-State of Tennessee BY
Davidson County Amy I -ylor
My Commission Expires 07-08-19 Nota i Public
1.,"roON c,
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 20th Day of September, 2016•
kSEALBY
tz dr ; Andrew Smith
CM }+r" t)•4.e ',. Assistant Secretary
ra or to 41'',
0 x1,17 ''.•
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."
16.A.4.d
Packet Pg. 536 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
STATE OF ILLINOIS
COUNTY OF DUPAGE}
On September 20, 2016, before me, Tariese M. Pisciotto, a Notary Public in and for said County
and State, residing therein, duly commissioned and sworn, personally appeared, Dawn L. Morgan
known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation described in
and that executed the within and foregoing instrument, and known to me to be the person who
executed the said instrument in behalf of the said corporation, and duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my h fId and affixed y official al, the day and
year stated in this certificate above.
My Commission Expires, June 26, 2018 tti
Tariese M. Pisciotto, Notary Public
s OFFICIAL SEAL"
TARIESE M PISCIOTTO
Notary Public, State of Illinois
My Commission Expires 06/26/2018:
0..6...0........0.......
16.A.4.d
Packet Pg. 537 Attachment: Bond Basis - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.e
Packet Pg. 538 Attachment: Plat Map - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.e
Packet Pg. 539 Attachment: Plat Map - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.e
Packet Pg. 540 Attachment: Plat Map - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.e
Packet Pg. 541 Attachment: Plat Map - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.e
Packet Pg. 542 Attachment: Plat Map - Brandon (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.f
Packet Pg. 543 Attachment: Plat Map - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)
16.A.4.f
Packet Pg. 544 Attachment: Plat Map - Brandon Replat (10971 : Final Acceptance - Brandon and Brandon Replat)