Agenda 09/14/2021 Item #16A19 (Resolution - Final Acceptance for Orange Blossom Ranch Phaase 1B AR-7431)09/14/2021
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements for the final plat of Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange
Blossom), Application Number AR-7431, acceptance of County maintenance responsibilities for
Tract “R” of Orange Blossom Ranch Phase 1B, and authorizing the release of the maintenance
security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, accept County maintenance responsibility
for Tract “R”, and release the maintenance security.
CONSIDERATIONS:
1) On April 25, 2017, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Orange Blossom Ranch Phase 1B (a/k/a. The Groves at
Orange Blossom).
2) The roadway and drainage improvements, except for Tract “R”, will be maintained by the
project’s Master Association. Tract “R” was dedicated to the County, with the responsibility for
maintenance, in plat dedication paragraph D.3, Orange Blossom Range Phase 1B, according to
the plat thereof recorded in Plat Book 45, Page 67, of the public records of Collier County. The
County will accept maintenance responsibility of Tract “R” for public right-of-way purposes.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on June 15, 2021
and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared by staff 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 (except for Tract “R”) will be maintained
by the project’s Master Association. Maintenance costs for Tract “R” will be from the Transportation
Services Operations and Maintenance budget. The existing security in the amount of $495,712.22 will be
released upon Board approval. The original security in the amount of $3,527,006.33 has been reduced to
the current amount based on the work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated April 12, 2006.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -DDP
RECOMMENDATION: To grant final acceptance of the roadway and drainage improvements in
Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom), Application Number AR-7431,
accept the maintenance responsibility for Tract “R”, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements.
2. The Clerk of Courts to release the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
16.A.19
Packet Pg. 674
09/14/2021
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.19
Packet Pg. 675
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 16369
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements for the final plat of Orange Blossom Ranch Phase 1B (a/k/a The
Groves at Orange Blossom), Application Number AR-7431, acceptance of County maintenance
responsibilities for Tract “R” of Orange Blossom Ranch Phase 1B, and authorizing the r elease of the
maintenance security.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/25/2021 3:56 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
06/25/2021 3:56 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/25/2021 4:36 PM
Capital Project Planning, Impact Fees, and Program Management Gerald Kurtz Additional Reviewer Completed 06/27/2021 7:38 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/29/2021 11:18 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 06/30/2021 9:20 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/07/2021 6:36 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/02/2021 5:57 PM
Growth Management Department Trinity Scott Transportation Skipped 07/13/2021 6:50 PM
Growth Management Department James C French Growth Management Completed 08/06/2021 10:04 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/11/2021 8:30 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/11/2021 9:56 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/11/2021 10:00 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/11/2021 4:19 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2021 9:09 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.19
Packet Pg. 676
THE GROVES AT ORANGE BLOSSOM
(FKA ORANGE BLOSSOM RANCH PHASE 1B)
LOCATION MAP
16.A.19.a
Packet Pg. 677 Attachment: Location Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVSION IMPROVEMENTS
THIS CONSTRU CTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this / i T '4 day of Are_, '-, 2006
between Pulte Home Corporation, hereinafter referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as "the Board".
RECITALS
1.Developer has, prior to the delivery of this Agreement, received the approval by the
Board of a certain plat of subdivision known as:
"Orange Blossom Ranch Phase lB"
2.Chapters 4 and 10 of the Collier County Land Development Code requires the
Developer to post appropriate guarantees for the construction of the improvements
required by said subdivision regulations, said guarantees to be incorporated in a
bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual
covenants hereinafter set forth, Developer and the Board do hereby convenient and
agree as follows:
1.Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping
and irrigation improvements within 36 months from the date of approval of 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 $3,527,006.33
which amount represents 10% of the total contract cost to complete construction plus
100% of the estimate cost of to complete the required improvements at the date of
this Agreement.
3.In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier
County, may call upon the subdivision performance security to insure satisfactory
completion of the required improvements.
Page 1 of 3 C:\Documents and Settings\mhueniken\Local Settings\Temporary Internet Files\OLK22B\CC PPLCONSTRUCTION AND MAINTENANCE AGREEMENT-01-13-06.doc 16.A.19.b
Packet Pg. 678 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
4.The required improvements shall not be considered complete until a statement ofsubstantial completion by Developer's engineer along with the final project recordshave been furnished to be reviewed and approved by the County Manager or hisdesignee for compliance with the Collier County Land Development Code.5.The County Manager or his designee shall, within sixty (60) days of receipt of thestatement of substantial completion, either: a) notify the Developer in writing of hispreliminary approval of the improvements; or b) notify the developer in writing of hisrefusal to approve the improvements, therewith specifying those conditions which theDeveloper must fulfill in order to obtain the Director's approval of the improvements.However, in no event shall the County Manager or his designee refuse preliminaryapproval of the improvements if they are in fact constructed and submitted forapproval in accordance with the requirements of this Agreement.6.The Developer shall maintain all required improvements for a minimum period of oneyear after preliminary approval by the County Manager or his designee. After the oneyear maintenance period by the Developer has terminated, the Developer shallpetition the County Manager or his designee inspect the improvements. The CountyManager or his designee shall inspect the improvements and, if found to be still incompliance with Collier County Land Development Code as reflected by finalapproval by the Board, the Board shall release the 10% subdivision performancesecurity. The Developer's responsibility for maintenance of the requiredimprovements shall continue unless or until the Board accepts maintenanceresponsibility for the County.7.Six (6) months after the execution of this Agreement and once within every six (6)months thereafter the Developer may request the County Manager or his designee toreduce the dollar amount of the subdivision performance security on the basis of workcompleted. Each request for the reduction in the dollar amount of the subdivisionperformance security shall be accompanied by a statement of substantial completionby the Developer's engineer together with the project records necessary for review bythe County Manager or his designee. The County Manager or his designee may grantthe request for a reduction in the amount of the subdivision performance security forthe improvements completed as of the date of the request.8.In the event the Developer shall fail or neglect to fulfill its obligations under thisAgreement, upon certification of such failure, the County Manager or his designeemay call upon the subdivision performance security to secure satisfactory completion,repair and maintenance of the required improvement. The Board shall have the rightto construct and maintain, or cause to be constructed and maintained, pursuant topublic advertisement and receipt of acceptance of bids, the improvements requiredherein. The Developer, as principal under the subdivision performance security, shallbe liable to pay and to indemnify the Board, upon completion of construction, thefinal cost to the Board thereof, including but not limited to engineering, legal andcontingent costs, together with any damages, either direct or consequential, which thePage 2 of3 C:\Documen� and Settings\Jnhueniken\Local Settings\Temporary Internet Files\OLK.22B\CC PPLCONSTRUCTION AND MAINTENANCE AGREEMENT-01-13-06.doc 16.A.19.b
Packet Pg. 679 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Board may sustain on account of the failure of the Developer to carry out all of the
provisions of the Agreement.
9.All of terms, covenants and conditions herein contained are and shall be binding upon
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to
be executed by their duly authorized representatives this tZ,111 day ofA'rl.l\...
2006.
Signed, Sealed and Delivered
In the presence of:
Page 3 of3
BY:
BY:
Pulte Home Corporation
mz/JJ � [_,
Its Attorney in Fact
Michael H. Hueniken
Board of County Commissioners
of Collier County, Florida
BY: Sj;c<�__, Frank Halas, Chairman C:\Documents and Settings\mhueniken\Local Settings\Temporary Internet Files\OLK22B\CC PPLCONSTRUCTION AND MAINTENANCE AGREEMENT-01-13-06.doc 16.A.19.b
Packet Pg. 680 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.b
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Packet Pg. 682 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
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Packet Pg. 684 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
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Packet Pg. 685 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.b
Packet Pg. 686 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
9240 Estero Park Commons Blvd.
Estero, FL 33928
Phone: 239-495-4800
Fax: 239-390-5443
Transmittal
Date:
To:
Address:
Subject:
Transmitted:
Remarks:
4/13/2011
Collier County Development Services
Attn: John Houldsworth
2800 N. Horseshoe Drive
Naples, FL 34104
SB 1752 Permit Extension Applications with Checks
(1)New Perfonnance Bond No. 1054979-0range Blossom Ranch
John, Per our previous email, I'd like to swap this new bond for Letter of Credit #P002820. If
the bond is acceptable, please return the original LOC to my attention at our Estero
address above.
If you need anything else don't hesitate to contact me.
Thank you, 111-tdl
Pat Butler
Patrick.Butler@Pulte.com
239-495-4810
16.A.19.b
Packet Pg. 687 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(hereinafter referred to as "Owner") and
PULTE ROHE CORPORATI ON 9240 Estero Park Commons
Estero FL 33928
Lexon Insurance Compan y
BOND NO. 1054979
Blvd .
900 S. Frontage Rd., Suite 250
Wo odridge IL 60517, 630-495-9380
(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 * Dollars ($Z85, 405 • 99) 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. *seven hundred eighty five tho usand four hundred five and 99/100
THE CONDmON OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain subdivision plat named ** 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'}
** Orange Blossom Ranch -Phase lB
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 St1rnty to the full and faithful perfoi:mi:i.nc;t, iri accgrdari� with the Lanc!D�11elopme11J 8egulations.
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 11th day of April / 2011 / ____ _ -WITNESSES: Pul� Home Corpora tton
� -?'t. --� By: fz_� L
Printed Name Printed Name/Title Bruce E. Robinson, VP & Tre asurer
Dory Malouf (Provide Proper Evidence of Authority)
Printed Name
16.A.19.b
Packet Pg. 688 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Bond No. 1054979
VP &
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED Ri::FORE ME THIS DAY OF April / 11 / _____ ,20 ·11 BYBruc.e E. Robinson . -AS
Treasure,:"JFI?ul te Home Corp .WHO IS PERSONALLY KNOW�nl����S PRODUCED_____ AS IDENTIF!CATION. NOTARYPUBLic,STATEOFMI Notary Public -St ate of MICHIGAN COUNTY OF WAYNE (SEAL) •
� MYCOMMISSION EXPIRESMarS0,2017 ',£_.,IJIL�"'<AV � ACTING IN COUNTY OF t7£,£.&..-/
hir e E. Hutchins
L ON INSURANCE COMPANY
y:( i , __ ) dMlt1._
Tariese M. Pisciotto (Provide Proper Evidence of Authority)
Printed Name
STATE OF Illinois COUNT Y OF Du Page
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS April / 11 / 2011 DAY OF ______ / / ____ , 20 ____ _, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED power of AS IDENTIFICATION.
NotaryPublic-Stateof Illinois attorney
OFFICIAL SEAL
BONNIE J. KRUSE
NOTARY PUBLIC. STATE OF 11.LINOIS
MV COMMISSION EXPIRES NOVEMBER 29, 2012
Printed Name
Bonnie J. Kruse --=:.::::.>
16.A.19.b
Packet Pg. 689 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
POWER OF ATTORNEY
Lexon Insurance Company LX-71868
KNOW ALL MEN BY THESE PRESENT S, 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, Peggy Faust,************* Kelly A. Gardne� Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman, Heather A Beck, Tariese M. Pisciotto *********************"'* 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 $2,500,000.00, Two-million five hundred thousand 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 Vice President, 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 2nd day of July, 2003.
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY----+-----a-�-���.___,....._-
David E. Campbell President
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being 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.
"OFFICIAL SEAL" MAUREEN K. AYE Notary Public, State ofIIJinois My Commission Expires 09/21/13
CER TIFICATE �S.;t.i Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing 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 Sealed at Lombard, Illinois this ___ l_l_t_h __ Day of April 20 ll
Donald D. Buchanan Secretary
"WARNING: Any person who knowingly and with intent to defraud any Insurance company or other person, files an application for insurance or
statement 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."
LX1
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Packet Pg. 690 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
April 28, 2011
Co�!'.,. County -,, � ..-...US -Community Development &
Environmental Services Division
Zoning & Land Development Review
SunTrust Bank
Letters of Credit Department
25 Park Place, 16th Floor, MC 3706
Atlanta, GA. 30303
RE: Your Letter of Credit No. P002820 I Pulte Home Corporation
Dear Sir or Madam:
Attached please find Amendment No. I to the referenced letter of credit. The original
letter of credit has been lost or misplaced.
Please be advised the Collier County has no claims against or interest in letter of credit
No. P002820. The developer has provided an alternate subdivision performance security.
Therefore, letter of credit No. P002820 may now be cancelled.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
John R. Houldsworth Senior Site Plans Reviewer
Cc: Jack McKenna, P.E., County Engineer
Project File
Clerk to the Board
2800 North Horsehoe Drive • Naples, Florida 34104 • 239-252-2400 • Fax 239-643-6968 • www.colliergov.net
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Packet Pg. 691 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Indemnity Agreement -Cancellation l�SUNTm.Jsr
Date: International Operations
Atlanta, GA
This Indemnity Agreement (the "Agreement") is made as of this 3rd , day of May 2011 between
Collier County , whose address is 3301 Tamiami Trail E
SunTrust Bank.,,. __ , whose address is 25 Park Place, 16th Floor ___ N_a_,p�l _e _s"--, _F_L_. __ , (the "Indemnitor"), and
Atlanta, GA 30303 , (the "Bank"). ------"--------WHEREAS, the Letter of Credit No. . P002820 (hereinafter Letter of Credit) has an expiry date of January 4, 2012 , andWHEREAS, the Indemnitor has notified the Bank that the Letter of Credit has been lost and that the Indemnitor wishes the Bank to cancel the Letter of Credit. WHEREAS, the Letter of Credit may be found or other parties may be in possession of the Letter of Credit, and a presentation may be made under the Letter of Credit which may create liabilities, legal costs and fees and other expenses to the Bank. NOW THEREFORE, in consideration of the Bank canceling the Letter of Credit, the parties hereto agree as follows: 1.The Indemnitor agrees to hold Bank harmless against any loss it may incur in the event the Letter of Credit issued by Bank as described above, should be presentedto Bank for payment.2.The Indemnitor undertakes and agrees to indemnify Bank and hold the Bank harmless from and against any and all liabilities, obligations, losses, damages,penalties, actions, judgments, suits, cost (including attorneys' fees), expenses or disbursements of any kind or nature whatsoever, including all costs of the Bank in theenforcement of this Agreement or the assertion by the Indemnitor of a defense to its obligations hereunder, which may be imposed upon, incurred by or asserted againstthe Bank in any way arising from or relating to the loss by the Indemnitor of the Letter of Credit (each, a "Claim").3.The indemnity provided pursuant to this Agreement shall survive the expiry date of the Letter of Credit and shall continue in full force and effect unless thetermination is received in writing signed by the Bank and the Indemnitor.4.Bank agrees to notify Indemnitor in writing by regular or certified mail (postage prepaid), facsimile or overnight delivery, at the address set forth above of anyclaim made against Bank.5.Bank will, as soon as practicable thereafter, inform Indemnitor of the amount due on each such Claim. The Bank's determination of all amounts due shall bedeemed conclusive, absent manifest evidence to the contrary. Any Claim which is not paid by the Indemnitor within thirty (30) days after written demand by the Bankshall bear interest at the Bank's Prime Rate per annum.6.Indemnitor agrees to release, acquit and forever discharge SunTrust Bank, and their respective shareholders, directors, officers, employees, agents, attorneys,successors, assigns and any other persons or entities acting on either of their behalf of and from any and all claims, actions, causes of action, demands, rights, damages,costs, attorney's fees, loss of services, expenses and compensation whatsoever, which the undersigned now has or may hereafter accrue on account of or in any waygrowing out of any and all known and unknown, foreseen and unforeseen, damages and the consequences thereof resulting from the Letter of Credit.7.This agreement shall be governed by the Laws of the State of GeorgiaIN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date set forth above.Accepted and agreed:
lndemnitors:
Applicant:
Beneficiary:
(Affix a corporate
seal, if applicable)
Date: (Entity or Individual's Name) lier County !vernment =---""""'P-"f na ure) John Houldsworth (Type Signer's Name) Senior Site Plans Reviewer (Title) For SunTrust Bank use only: Approved
Signature of approver:
Date: (MM/DDNY)
CC: Indemnitor
Signature Guarantee: The signature with title of the Indemnitor as stated confirms with that on file with us and is authorized for execution of such instruments. Bank Name By: Guarantee Banks Authorized Signaturerritle Phone Number: Fax Number; Rev 04/10 Tuesday, May 03, 2011 -9:19:38 AM 1/2 16.A.19.b
Packet Pg. 692 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Indemnity Agreement -Cancellation
-. For questions regarding this form, please call l-800-951-7847, Option l.
Rev04/IO Tuesday, May 03, 2011 -9:19:38 AM International Operations
Atlanta, GA
2/2
16.A.19.b
Packet Pg. 693 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.b
Packet Pg. 694 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Bond No. 1102099
This bond replaces and supersedes bond no. 1075440 and is effective on June 17, 2014.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
RP Orange Blossom Owner, L.L.C.
Woodlawn Hall at Old Parkland, 3953 Maple Ave., Ste. 300, Dallas, TX 75219
hereinafter referred to as "Owner") and
Lexon Insurance Company
12890 Lebanon Road, Mt. Juliet, TN 37122 — 615-553-9500
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 Four Hundred Ninety
Five Thousand Seven Hundred Twelve and 22/100 Dollars ($495,712.22) 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 Orange Blossom Ranch, Phase
1B, 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 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.
16.A.19.b
Packet Pg. 695 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Bond No. 1102099
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments hereto,
so as to bind the Owner and the Surety to the full and faithful performance in accordance
with the Land Development Regulations. The term "Amendment,"wherever used in this
Bond, and whether referring to this Bond, or other documents shall include any alteration,
addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE
BOND to be executed this 17th
day of June, 2014.
WITNESSES: RP Orange Blossom Owner, L.L.C.
Moiht k-1140-A6(75SuSuhA•Verge nz
B c-C-R
y:
Ron ,J Hoyt
Vice President
Printed Name Printed Name/Title
972-934-7400
Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF ,D AL.L <
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 7/ 'r BY (NAME OFP-C-/J7– 2_
ACKNOWLEDGER)
KNOWN TO ME, ORAHlX R. D
F
D t M"'
AS I O S
Notary Public- State of 1h
Printed Name
0'l m Puae, CAROL J BURCH
Notary Public
P. * State of Texas
of-, My Comm Expires 05-12-2018
16.A.19.b
Packet Pg. 696 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
Bond No. 1102099
WITNESSES: Lexon Insurance Company
Ck/2,e c..4.6...
I
Printed Name:Bonnie Kruse Printed Name/Title—Dawn L. Morgan, Attorney-in-Fact
Provide Proper Evidence of Authority)
1 I
Tracy Pisciotto
Printed Name:
16.A.19.b
Packet Pg. 697 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
POWER OF ATTORNEY
LX- 212832
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, Peggy Faust,
Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto
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 $8,000,000.00 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 21st
day of September, 2009.
LEXON INSURANCE COMPANY
rjit ECG 10,
E
SEAL
BY
David E. Campbell
S • a ; President
44 ,,s- * ,
Vr t:
a OR t•_
ACKNOWLEDGEMENT
On this
21st
day of September, 2009, 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.
IS!4 7411°. AMY L.TAYLOR O al
Notary Public-State of Tennessee BY
v!
a Davidson County Amy aylor
My Commission Expires 01-09-16 Notary Public
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 17th
Day of
June 20 14
SEAL Andrew Smith
ito 4
47 Assistant Secretary
1. ?. NCH 1••• r
r OF t
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.19.b
Packet Pg. 698 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
ACKNOWLEDGMENT OF SURETY
STATE OF ILLINOIS
S.S.
COUNTY OF DUPAGE )
On June 17, 2014, before me, 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 on behalf of the said 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 on November 29, 2016
OFFICIAL RUSE
BONNIE J. KRUSE
r.) 7
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION WIRES NOVEMBER 29,2016
Notary Public - B ie J. Krus
Notary Commission No. 615386
16.A.19.b
Packet Pg. 699 Attachment: Bond Basis (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.c
Packet Pg. 700 Attachment: Resolution (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.c
Packet Pg. 701 Attachment: Resolution (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at Orange Blossom)
16.A.19.dPacket Pg. 702Attachment: Plat Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at
16.A.19.dPacket Pg. 703Attachment: Plat Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at
16.A.19.dPacket Pg. 704Attachment: Plat Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at
16.A.19.dPacket Pg. 705Attachment: Plat Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at
16.A.19.dPacket Pg. 706Attachment: Plat Map (16369 : Final Acceptance - Orange Blossom Ranch Phase 1B (a/k/a The Groves at