Agenda 06/28/2022 Item #16A 2 (Performance Bond - PL20210000272 Del Webb Naples Parcels 205-208)06/28/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$261,800 which was posted as a guaranty for Excavation Permit Number PL20210000272 for work
associated with Del Webb Naples Parcels 205-208.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Del Webb Naples Parcels 205-208. The As-Built lake cross sections
have been received and the lakes have been inspected on May 12, 2022 by the Development Review
Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $261,800. Development Review staff will issue a Memorandum to the Clerk of Courts upon
approval of this item by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.2
Packet Pg. 293
06/28/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 22259
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $261,800 which was posted as a guaranty for Excavation Permit Number
PL20210000272 for work associated with Del Webb Naples Parcels 205-208.
Meeting Date: 06/28/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/13/2022 11:46 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
05/13/2022 11:46 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/13/2022 12:00 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/13/2022 1:07 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/20/2022 7:51 AM
Growth Management Department Diane Lynch Growth Management Department Completed 05/24/2022 5:16 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 06/02/2022 5:11 PM
Growth Management Department Trinity Scott Transportation Skipped 05/15/2022 7:22 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/03/2022 4:53 PM
Growth Management Department James C French Growth Management Completed 06/06/2022 4:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/07/2022 8:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2022 4:10 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/10/2022 2:23 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/20/2022 9:56 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM
16.A.2
Packet Pg. 294
DEL WEBB NAPLES PARCELS 205-208
LOCATION MAP
16.A.2.a
Packet Pg. 295 Attachment: Location Map (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
THIS EXCAVAT
N\o{<*1 ,202\
EXCAVATION PERFORIV]ANCE AGREEMENT
ION PERFORMANCE AGREEMENT entered into this I I day of
between Pulte Home Company, LLQ hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et ai of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Reg ulalions and Excavation Permit No. PL20210000272 (the
"Excavation Permit")
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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of
$261 800.00
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either: a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in wrating of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be construcled or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
1
2
3
4
5
6
16.A.2.b
Packet Pg. 296 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
Excavation Work. The Developer, as principal under the excavation 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
Developer to fulfill all of the provisions of thas Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this \ t 6sy of MOrtY'\ ,2024 .
TH PRESENCE OF l4r,,"t (aru
'/.-
7
,4
t-,J LLC-SIGNE
Sign:
NJ rodg<<\
Printed Name
GeSSt (-r'nn
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
roved as to form and le ga lity
Dorok D. Pcrry
Assistant County Attorney
Michael Hueniken/ VP of Land Development
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
IIoARD Of' COt \IY (\l\MISSIO\liRS
OF COL RCo I-OR IDA
Br
q LLq.+ r'
as designee ofthe County Manager
pursuant to Resolution No. 2015- 162
(Name of Entity)
By
r"n7
By:
Sign:
16.A.2.b
Packet Pg. 297 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
Exhtblt iA.
PERFORMANCE BONO
FOR EXCAVATION WORK Bond #30122138
KNOW ALL PERSONS BY THESE PRESENTS: thst
Pulte Home ComPanY, LLC
24311 Walden Center Drive, Suite 300
Bonita Springs FL 34134
(horelndef rrfetrad lo as 'Omof) and The Continental Insuance ComPany
801 warrenville Rd., Lisle, IL 60532
(I{AME OF SURETY)
(ADDRESSi/TELEPHONE NUMBER OF SURETY)
(heroinafrer refened to as 'Surety'') aro hdd end firmly bound unto Collier County, Florida, (tr€refilaftor
refened to as "County") in the lotal aggr€gEle sum of * OdlaE (9-2!l,g!!Jq_J in lawful
mon6y of the Unitod Stetos, for th6 payment of which sum well and truly to b€ mad€, re bird ours€lves,
our heirs, ex6cutoE, administrators, succassors and assigns, iointly and severally, firmly by thase pr€eonts.
Own€r and Surety ar6 usod for singular or glural, as the contoxt tequiGs. ,Two HUNDRI;.D stxfi oN['rHouSAND
}.]IGH'I' HUNDRED AND OO/IOO
THE CONDITION OF THIS OBLIGATION
the Board a carlain excavation permit no.
is such lhat wll€res, ths Owner has sobmittad for apprwd by
P1,20210o0o272. and that cdtain axcavalbn pomit shall includ€
specific improvem€nts which ara required by Collier Counv minancss and Resolulions (h€relnaffer "Larx,
Developmenl Regulations'). This obligstion of tho Surety shall commenco on lhe date thi6 Bond is ex@rtod
and shall continue until th€ datB ot compl€tirn of tho work 8nd appro\ral by the County of lhe spocific
improv€monts described in th€ Lard D6v6lopment Regulations (h€rstoiafteI the'Guaranty M') or until
replaced by a neu, bond in th€ event ol a change of O,vne6hip-
NOW THEREFORE, if th€ O ner shall wCl, lruly and faithtully perform its obligElbns and dutes in
accordanco with the Land Development Rogulations durhg the guaranty poriod ostablish€d by the County,
and the G,vnar shall satisfo all daims and dsmands incurBd and shall fully indemni! and ssve harml€ss
ths County from and against 8ll co3ts and dam8g€s whici it may sufrsr by reason of Oirn€.'s falur€ to do
so, and shall reimburse and repay thB County all outlay and expense whk* the County rmy irrcur in making
g@d any detaull, then this obligatbn shall be void, otherwise to rcm*r in tullrtrce ard €fiect
PROVIDED, FURTHER, that ttre said Su?eV. for value recaivod her6by, stipulstes and agl€€s lhat no
chang€, oxtension of lime, alteration, addition or ddelion to tho proposed sp€cifo inpaovernents shall h
any way afu its obligalion on this Bond, ard it do€s horoby lvaive nolho of any sucfi change, €xteflsioal
of tim€, altsration, edditlon or deletion to lhe proposed specmc lmprovam€nts.
PROVIDED FURTHER, that it is exp.€ssly agre€d that lh€ Bond shalt be deemad arn€nded
automatically and lmmedlalely, without formal and soparate amendments h€r€to, so as to bind the Ownor
and the Suroty to the full and fallhful pe&rmance h accordanc€ with the Land D€v€loprnent Regutat'ons.
The term "Amendment,' wtE€ver used in thb Bond, and whelhor rsfuning to this Bond, or oth€r documenB
shall include any alteration, addition or modmcation of any character whabo€ver.
lN VyITNESS WHEREOF, the parties hereto have caused this pERFORMANCE BOND to b€ executedthis Jro day ol March 2021.
WITNESSES: (Owner Name and Title if Corporation)
By:
see attached signature page
print"o NameBwl4S D. Bryce Langen, VP & Treasurer
Printeo ruame 545[g$gQ4lr-]
Printed Name/fitle
(Provide Proper Evidence of Authority)
S
lr5-los{r664/rrs36@/1,
16.A.2.b
Packet Pg. 298 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
executed this 9a day of 7he4J-,021
Pulte Home Company, LLC
PRINCIPAL
BY Bryce n, VP & Treasurer
Notary Attached
16.A.2.b
Packet Pg. 299 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED OREME BY MEANS OF
3?5F
zo_!L 8Y f).Bryce Langen AS 1;i,,,.,
PRODI.,CEDPERSONALLYKNOWN TO ME, OR HAS
l',lotary Public - Slate of GEORGIA
Shirley E. Hutchins
ONLINE NOTARIZATION THIS OAY OF MaT ch
OF Pulte Hom € Company, LLC ) wHo rs
AS IOENTIFICATION.
(SEAL)
(Surety Name and Title if Corporation) .
By:
PHYSICAL PRESENCE OR u
A.rdner
Name
A-ha Cvrtil,,ames l. Moore Attorn -in-F
Printed Name^itle FL License #A1
Alexa Costello
Printed Name
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Illinois
COUNTY OF -D-uPege
-
THE FOREGOII.IG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
BpnYstcal PRESENCE oRDoNLtNE NorARtzATtoN TLrF :ra DAy oF March
20 20 . By -(NAirE OF ACKNOWLEOGER) As-FnLE) OrlfuAME OF COMpAr.ty) W{O tS
KNOWN TO ME, OR HAS PRODUCEO _ AS |DENT|FICATION.
(sEAL)
7"
Printsd Nams - Alexa Costello
r+Els{D6J0 ?
*James I. Moore
**Attorney-in-Fact
***The Continental Insurance Company
It5"r"o&or654/tt5a6o0/rl
SHIRLEY E HLTTCHINS
Nolry Publlc - Slale ol Georgr8
Fulton Cornty
It CqmtNi).t Ert rs Ma 18, 2022
toTARY Attrc. sl lE
My Cud,i..o E !"!'
srATE OF GEORGIA
couNrYoF:-mToTr-
wtTNESS€S:
?g
(lincLnr,.--\l
Notary Public - Stals 66 lllinois
'pdtlla
16.A.2.b
Packet Pg. 300 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
POWER OF ATTOITNEY APPOINTIIiG INDIVIDUAL AT"TORIIEY-IN.FACT
Ktrow All MeD By Thesa Preteoa!, That The Continantal lnsuraDce Compaoy, a Peflnsylvaaia insuralcc company, is a duly orgenized and existing
insurance company having its principal office in the City of Chicago, and State oflllinois, 5nd tiat it does by virtue ofthe signature and scal herein
affixed hcreby make, constitute ald appoint
Jrmes I Moore, Stepbetr T Kazmer, Melissa Schmidg ABy Wickett, Kelly A GsrdDer, Jennifer J Me Comb, Dswtr
L Morgsn, Tariese M Pisciotto, Dirtre M Rubright, Msrtir Moss, Iodividudly
ofDowners Grove, lL, its true ard lawful Attomey(s)-in-Fact with fuU porrer and aulhority h6eby conf€rr€d to sign, s€al and execute for and on its
bchalf bonds, und€rtakings ard other obligatory instrumcnts of similar natulr
- ltr Unlimited AEoutrts -
and to bind thern thereby as fully and to lhe sane extent as ifsuch instruo€nts were signed by a duly authorized ofhcer ofthe insurence campany and all
the acts ofsaid Attomey, pursuant to tho authority hercby given is hereby ratified and confirmed.
This Powcr of Aftomey is madc and o(ecutcd punuait (o ard by authority of the By-Law and Resolutions, prinled on lhe reversc hfi@t duly
adoptcd, as iodicatcd, by the Board ofDircctors ofthc insurance company.
IE Witnar! Whercot The Continental lnsuraflce Company has caused th.se pr€sents to be sipcd by irs Vice President and its corporee s€al b be
hereto affixed oo this t st day of April, 2020.
Th€ Continental Insurance Company
Paul T. Bruflat ice President
State ofSouth Dakota, County of Minndrala, ss:
On this lst day ofApril, 2020, bcfore mc personally camc Paul T. Bruflat to mc loloum, who, bcing by mc duly swom, did deposc and say: thal he
rcsides in the City of Sioux Falls, State of South Dakota; thal he is a Vice Prcsidert ofThe Contioental lnsurance Company, a Pennsylvania insuance
company, described in ard which executed the above instrumartj that he knows the seal ofsaid insurancc compaay; that the scal affired to thc said
instlumcnt is such corporate seal; that it was so amxed pu8uant to authority given by $c Board ofDircctors of said insurance company and that he
signad his name lhereto pursuant lo like authority, and acknowledges same to be the act and deed of said insuraDce company.
My Commission Expires June 23,2021 J. Mohr Notarv Public
CERTIFICATE
I, D. Johnson, Assistant Secretary ofThe Continental Insurance Company, a Pennsylvania iDsuranc€ company, do hereby certiry that thc Power of
Attomcy hereiD above set forth is still in force, and funher certiry that fi. By-Law and Resolution ofthc Board ofDircctors ofthe insurance company
prinled on the revere h6eof is still irl forc.. ln testimony whcreof I have hercunto subscribed my name and affrxed the seal of ihe said insurance
company this 3rd day of
The Contincntal Insurance Company
D. Iohnson Assistant Secretary
Form F68
J MOHR
Go to www Services > Valldate Bond Coverage, if you want to verify bond authenticity.
16.A.2.b
Packet Pg. 301 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENIAL INSURANCE COMPAI.IY:
This Powd of Attomsy is madc and execut€d pursulDt to and by authority of Ihe following By-I-aw duly adopted by tlrc Board of Dircctors of
the Cornpany at a mccting h.ld on May 10, 1995.
'?!SOLVED: Thar any Croup Vice Prcsident may authorize an officea to sign specific documents, agreements and insEumetts on behalf
ofthe Company provid€d that thc narno ofsuch aulhorized ofticer and a dcscription ofthe docureits, agre!ftcnts or instrumcrts that such
officet may sign will be provided in wtiting by lhe Group Vice President to thc Secrctary ofthe Company prior to such o(ccution
becoming cfectiva.
This Powcr of Attomey is siprd by Paul T. Brufla! Vice Prcsident who has bccn authorizcd pursuant b the above resolution to exccution pow€( of
attofleys on behslfofThe Conth€r al Insursrcc Crmpany-
"Mercas, the bylaws ofthe Company or sp€cific resolution ofthe Boaid ofDiaectors has aullorized vsrious ollicers (lhe "Authorized
OfficeIs) to executc various policies, bonds, undc(akings and othc. obligatory instruments oflikc natute; and
Wh.re.s, fiofi time to timc, the signture oflhe Authorized OfriceE, in addition to being provided h original, hud copy format, may be
provided via facsimile or othcrwise ill an elcctrofiic formdt (collectively. "Electonic Signaturcs"), Now thercfore be it resolved: thal the
Electronic Signature ofary Authoriz.d Officcr shall bc valid and binding on lhe Company-"
This Powcr ofAlomcy is signcd and scalcd by facsimilc under and by thc aulhority ofthc following Resolution sdopted by the Board ofDirEctors of
lhc Company by unsrimous w.itlcn cons.nl datcd lhc 25!h day of April, 20 I 2.
16.A.2.b
Packet Pg. 302 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
FLORIDA DEPAFTI EI{I OF IIISURA}ICE
Jlr{s IffiIlt ltrE
i)c.t 332560S8
ls UctNtl) r0 tltstcT Ttrt
f0Lt0ux0 cussts llf rxsu8ril[t:
llonrcs . Cion . lnes (Prop .ttrs . Ins )
A I IIJJ{'I'
16.A.2.b
Packet Pg. 303 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
POWER OF ATTORNEY APPOINTING INDI\'IDUAL ATTORNEY-IN-FACT
Kno* All Men By These Presetrts, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly orga.nized and existing
insurance company having its principal office in the City ofChicago, and State oflllinois, and that it does by vinue ofthe signature and seal herein
affixed hereby make, constitute and appoint
James I Moore, Stephen T Kazmer, Melissa Schmidt, Amy Wickett, Kellv A Gardner, Jennifer J Mc Comb, Dawn
L Morgan, Tariese M Pisciotto, Diane M Rubright, Martin Moss, Individually
ofDowners Grove, IL, its true and lawful Attomey(s)-in-Fact with full power and aulhoriry hereby conferred to sign, seal and execute for and on its
behalfbonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amou[ts -
and to bind them thereby as fully and to the sarne extent as ifsuch instruments were signed by a duly authoried olficer of the insurance company and all
the acts ofsaid Attomey, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attomey is made and executed pursuanl to and by authority ofthe By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board ofDirectors ofthe insurance company.
In Witness Whereof, The Continental lnsurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this lst day ofApnl, 2020.
The Continental Insumnce Company
Paul T. Bruflat lce President
State of South Dakota, County of Minnehaha, ss:
On this lst day ofApril, 2020, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President ofThe Conlinenlal Insurance Cornpany, a Pennsylvania insurance
company, described in and which executed the above instrummt; thal he knows the seal ofsaid insurance company; that the seal affixed to the said
instrument is such corporate seal; thal it was so affixed pursuant to authority given by the Board ofDirectors ofsaid insurance company and that he
signed his narne thereto pursuanl to like authority, and ackno\r'ledges same to be the act and deed ofsaid insurance company.
(#)
J- MOHR
My Commission Expires June 23,2021 J. Mohr Notary Public
CERTIFICATE
I, D. Johnson, Assistant Secretary ofThe Continental Insurance Company, a Pennsylvania insurance company, do hereby certiry that the Power of
Atlomey herein above set fonh is still in force, and further certify that the By-Law and Resolution ofthe Board ofDirectors ofthe insurance company
printed on the reverse hereofis still in force. In testimony whereofl have hereunl,o subscribed my name and affixed the sealofthesaid insurance
company this 3rd day ofMarch. 2021.
The Continental Insurance Company
'tzi6
:tJ
'.._:t D. Johnson
Form F6850-4i2012
Assistant Secretarv
Go to www'cnasuretv com > owner / obligee services > validate Bond coverage, it you want to verify bond authenticity.
16.A.2.b
Packet Pg. 304 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OI'THE CONTTNENTAL INSTJRANCE COMPANY
This Power of Attomey is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the Boald ofDirectors of
the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice Presidenl may authorize an olficer to sign specific documents, agreements and instruments on behalf
ofthe Company provided that the narne ofsuch author;ed olficer and a description ofthe documents, agreements or instruments that such
olficer may sign will be provided in writing by the Croup Vice President to the Secretary ofthe Company prior to such execution
becoming effeclive.
This Power of Attomey is signed by Paul T. Bruflat, Vice Prgsidenl, who has been authorized pursuant to the above resolution !o execution power of
attomeys on behalfofThe Continental Insurance Company.
This Power of Attomey is signed and seal€d by facsimile under and by the authority ofthe following Resolution adopted by the Board ofDirectors of
the Company by unanimous written consent dated the 256 day ofApril, 2012.
"Wlereas. the bylaws ofthe Company or specific resolution ofthe Board ofDirectors has authorized various oflicers (the "Authorized
Oflicers") to execute various policies, bonds. undertakings and other obligatory instruments oflike nature: and
Whereas, from lime to time, the siSnature ofthe Authorized Officers, in addition to being provided in original, hard copy format, may be
provided via facsimile or otherwise in an electonic format (collectively. "Electronic Signatures"). Now therefore be it resolved: that the
Electronic Signalure ofany Authorized Officer shall be valid and binding on the Company.''
16.A.2.b
Packet Pg. 305 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
Prspared by and retum to:
Scott Clements
Area General Couns€l
Pulte Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned offcer authorized to administer oaths, on this day personally appeared Scoft M.
Clements, who upon being duly sworn, deposes and says:
Ha is over the age of sighteen (18) years and has personal knowledge of th€ facts stated hersin.
l1e is Area Gensral Counsel, Vice Pr€sidont, and Assistant Secretrary of Pulte Home Company, LLC, a Miclrigan
limited liability company (the "LLG"), successor by conversion of Pulta Home Corporation, a Michigan
corporation, which has never b€en dissolved.
The individuals identifed below have be6n duly authorized lo oxacuta documenls on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017, cunenfly in effect and
attached hereto in psrtinent part as Exhibit 'A" (the 'Signing Powers Resolution'), and such documents, properly
executed by th6 individuals identifisd below, on behalf of the LLC are binding upon the LLC:
1
2
Peter Keane
Brlan Yonaley
Rich Mccormlck
Anthony L. Schutt
Naomi Robertson
Daniel Bryce Langen
Grsgory S. Rives
Michael Woolery
Steven Gust
Glenn Hasenfus
Mike Huenlken
Scott Brooks
Kelth Stewart
Joshua Gra€ve
Wes Copeland
Travls Hucks
Scott Clements
Mlchae! Blake Laplnsky
Craig Russo
Area President (Florida)
Area Vice President - Finance (Florida)
Division Prssident (Southwest Florida)
Vice President - Operations (Southwsst Florida) and
Vic6 President - Finance (Southwest Florida)
Diroctor - Finance (Southwest Florida)
Vice Presidont - Flnanca and Treasurer
Assistant Treasurer
Vics Presidant - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Vice President - Land Devslopment (Southwest Florida)
Dirsclor - Land Development (Southwost Florida)
Vice Presidsnt - Construction Operations (Southwest Florida)
Vice Presidont - Sales (Souhwest Florida); and Assistant Secretary (Norur
Florida, West Florida, Southeast Florida, and Southwesl Flodda)
Vlce President - Purchasing (Southwest Florida)
Diroctor of Product (Florida Zone)
Vlce President and Assistant Secretary
Assistant Secretary (North Florida, West Flodda, Southeast Florida,
and Southwesl Florida)
Assistant Secretary (North Florida, West Flodda, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwsst Florida) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Justin Wood
Additionally and specifically, Naomi Robertson, as Director - Finance; Justin Wood, as General Sales
Manageri Ella Fleming as Divlslon Controller; and Laura Ray, Chalstlcia Marconi, Joann Frazier, Ashley
Sherrlll, Maleino Beltran, and Cindl Diokelmann, in ttreir respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) contracts for the sale of resklential homes or lots to
consumers (not to another business), and (ii) deeds of convsyance and all other documents that are relevant or
incident to the sale and closing of residential homes or lots to consumers (not to another busin€ss), including any
mortgage-related documenls, such as buydown agreaments or other relevant documents, on behalf of he LLC,
and such documents, prop€rly executed by such individuals on behalf ofthe LLC, are bindirE upon the LLC.
Further, Daniel Bryce Langen, as Vic€ President-Finance and Treasurer, and Grogory S. Rlves, as Assistant
Treasursr, have been and are duly authorized to execute bonds and any other bond-relabd documgots on bohalf
ofthe LLC, and such documents, propedy executed on behalf of the LLC are binding upon the LLC,
Flcrorps\SERt€g!fiC6l,rntmlFams\&r]uiry$wF PHC 0l 2O2l (tu0).doc
16.A.2.b
Packet Pg. 306 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
6
4. The Signing Powers Resolution, Paragraph C., RESOLUTIONS, l-V, Vll, and Vlll, identifies certain titles in the
Division Specific Signing Power sections, which tiues are clarified and shall con€spond as set forth below
A. Omission of the words "Gulf Coast,' "North Florida,' 'West Florida," "Florida," "Southeast Florida'or
"Southwest Florida" after an officer's name does nol constitute improper, incomplete or incongct
execution and does not affect or limit the authority of the otheMise duly authorized offcer in any
way;B- Oivisaon VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-level)
Vice President - Finance or a Director of Finance:
C. Division VP/Oirector of Land DevelopmenvAcquisition shall mean either a Division-level (i.e., a
Soulhwest Florida-level) Mce President - Land Development or Vice President - Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;
D. Division VP/Oireclor of Construction Opemtions shall also mean either a Division-level (i.e.,
Southwest Florida-level) Vice President - Construction Operations or a Direclor of Construction
Operations;
E. Divisioi/Projecl. Controller shall also mean either Division Controller or Projeci Controller:
F. Division VP of Sales shall also mean Vice President - Sales.
The LLC is not now and has never be€n a debtor in a bankruptcy proceeding during the axistence ofthe LLC.
This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions oI Section 689.045, Florida Statutes.
,il74,,
Scott M. Clem€nts
swom to and subscribed belore me oy means of { physical pres€nc€ or
-
online nlJt;rtizatun tisfu
, 2021, by Scott M. Clements, Area General Counsel, Vice President, and Assistant Secretary of
ome , LLC, a Michigan limited liability company, on behalf of the LLC, who is p€rsonally known lo me.
Na ly V. Costantino
Notary
Commi
of Florida
: GG929396
Comml8sion Explrest 01 123n021
of
Pu
'rw
xELtY V CosrA}lrlt{o
C(ntlissbn t GG 98396
ixrires JamraY 8,2021
u,rld ff" ftq f.l tu'te s0+16t7019
Flc.urF\SERk9arlcGir,ii.torrcn6ulliidigswF pHc 01 2021 (turD.doc
16.A.2.b
Packet Pg. 307 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXIIIBITA
SIGNING POWER RESOLUTIONS
Frcroops\sERre9d\CostanrinorFnns\Art'drb Srlt'F PHC0i2021 (tut).&c
16.A.2.b
Packet Pg. 308 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
CERTINED RESOLUTIONS
OFTHE BOARD OFDIRECTORS OF
PULTE HOME COMPA TY, LLC
I, Scon M. CIements, hetby certiry thst I am a duly elected and acting Assistsnt Seqctary
of PULTE HOME COMPANY, LLC, a limited liabilily compury authorized and cilsting under
&c laws of thc Stac of Michigrn; lhat atlachcd is a true copy of the rcsolutions adopted by the
Board of Dircctors ofthe limited liability company to be effective January l, 2017; and thet such
resolutions have not been rescinded or modificd, and do not conravene any provisions of thc
Articles of Orgrnization or Opcrating Agrccnrcnt of said limited liability company.
IN WIINESS WHEREOF, I have here unto set my hand this 3d day of January, 2017.
dk
Scott M. Clemcnts, Assistant Secretary
STATE OF FLORIDA
COUNTY OF ORANGE
On January 3,2017, bcforc mc, Kclly V. Costrntino, a Notrry Public in and for said State,
pcrsonally appcarcd Scolt M. Clcments, personally known to mc lo be the person whose name is
subscribed to the within instsument and acknowlcdgcd to mc thrt he executed the samc in his
audrorized capacity, and that by his signaturc on the instrument the cntity upon bchatfofwhich
lhe person acted, executcd the instsument.
WITNESS my hand and official seal.
{, &t"-=a-f
ly ostantino, Notary Public
Florida
My Commission Expires:. 01D312020
)
)
)
#KEIIY V. COSIAI{nin
Conmirsbo t fF gA99
Erplrs Juury A, ?ffa
16.A.2.b
Packet Pg. 309 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXHIBIT A
PT'LTE HOME COMPANY, UT STGNING
POWERNESOLUTIONS
A. DEFIMTIONS.
As uscd in lhcse rcsolutions:
"O"rrgrl$ig[ilg jespf means signing powcr rclating to thc ordinrry course of busincss of
PULTE HOME COMPANy, LLC (the'Cgtrlgry:) gcncrslly, without rcsrrietion to a parlicular Division
or project, both in the Company's own capaciry and in any instarcrs where it is tlrc managirg pnrtner or
managlng mcmber of aJoint vcnorc (the "E36nc1gh!o).
'Diyifieq-Sp€clfg..;$jCdEg Jg1ild' means signing powet rclating only to the ordinary course of
business of a Division ovcr which the oFrcer, mltuBerr or cmplo5rce in qrrcstion hrs management
rcsponsibility, both in the Company's own caprcity and as manrging partncr or managing member of the
Parmership.
B. PI,'.RPOSE.
The purpose ofthese resolutions is to cslablish thc signing power ofcertain cmployecs of thc
Company, both in thc Company's ou,n capacity and rs managing partner or managing membcr of thc
Partncrship. Copics ofthesc resolntions may be dclivcrcd to titlc comprnies and other partics wllo rcquirc
cvidcnce oflhe signing pou,er ofrn employce. No cmployce of the Company mey subdelegatc his or hcr
signing power erccp as exprcssly pmvidcd in thcse rcsolutions by use of thc words: "Other titlc(s) or
peson(s) dcsignaud in writing by . . .",
C. RESOLUTIONS.
RESOLVED, that the following ofllcers, managers, or employees of lhe Company shall havc the
General Signing Power or rhe Division Specific Signing Porver, as indir:ared in the charu bclow:
"sjgoiog-E9ygt'' means the powcr and aulhority to excculc and dcliver an Egrlemcnt, instrument
or ofter documBot
16.A.2.b
Packet Pg. 310 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXHIBIT A
Dcveloomeal of Renl Proncrtv
L Gcncrsl Devclopmenl Applications, tcntative and final suMivision plaG and maps, development
agreements, land developmcnt 88recm.nts' smenity conbactor a8rcemenLs and all other
documenls thst sr! rclevant or iocident to lhe developmcnt of real poperty in which thc
Compony or thc Partnership has any intercsg other than documenls co[tcmptated in part
VI bclow:
Gcnerul Signlng Power DlvMon Spei$c Signiag
?ower
Chairman of the Board Ares Presidcnt
Exccutive Officer Arco VP Finoncc
Prcsident Arca VP Land
Exccutive Vice President Division President
Scnior Vice Prcsident Division VP/Dircctor Financc
Vice President Division VP/Direetor of Land
Developmcny'Acquisition
House Construction Aqreeme0ls Contractor stn:cments. conslruclion ogrlementsi
contracB, purchasc orders, pricing schedulcs, scopcs ofwork ond all othcr documcnts that
arc rclcvant or incidcnt to thc constntction ofrcsideotial homcs and amcniths ther.lo in
which the Company or the Pannership has aoy antercst, othcr lh8n docurncnts conternplated
in the immediate abovc this one:
Gemrol Signing Power Dlv islon Specilic Slgn lng
Powet
Chairman ofthc Board Area Prcsidcnt
Chief Erecutive Officcr Area VP Finance
Prcsident Arca VP Constnrction Operrtions
Executivc Vicc Presidcnt Arcr Purchasing Direaor
Scnior Vice Presidcnt Division Prcsident
Division VP/Director Finance
Division VP/Director of
Cotrstruction
Division Purchasing
D
Slorm Waler MBnascglcot
ll. Notices of intent, notices of termination, storm watrr pollulion prcvention plans, reports,
ccrtifications or othcr documentation thBt is rchvant or incident to storm wster
Vice Presidcnt
Page 2 of7
16.A.2.b
Packet Pg. 311 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
managcmcnt and ercsion conlrol in lhc developmcnt of real propcrty and/or constnrction
of homcs in which lhc or thc has intcrest,
Sale and Closlnp_of-Residcntid Homos or Lots
IIl. Contracts for he salc of rcsidentiel homes or los to gOEslEErl not to anothcr busincss).
Geaeral Slgnlng Power Dlvblon Spccific 9lgnhry
Powet
Area PresidentChairman of thc Board
Area VP FinanccChhf Executive Officer
Prcsidcnt
Execurivc Vice President Division Prcsident
Arca VP Land
Scnior Vice President Division VPi Dircctor Finance
Vicc Presidcnt Division VP/Director of Land
Developmcnt/Acquisition
Division Storm riVater Compliance
Represcntalivc
General Siguittg Power Ditisioa Spccifi c Sigai n g
Powcr
Chairmsn of the Board Arca President
Chicf Executive Officcr Area VP Finance
President Division Presidcnt
Excculivc Vicc Prcsident Division VP/Dircctor Finance
Scnior Vice President Division Controllcr
Vicc Prcsident Division VP of Salcs
Gencral Salcs Manager
Closing/Homebuyer Coordinalor
Any of thc following cmployees of
cithcr Pulte Mortgege LLC: Vicc
Prcsiden( Bmnch Manager and
Assistant Secntary
Any of thc following cmployces of
cirher Sun City Titlc Agcncy, Inc. or
POP Title, lnc. or PGP Title of
Florida, lnc,: Vicr Prcsidcn!
Escrow Mrnagcr, Escrow
Supcrvisor, Dircctor-Closing
Scrvicc$ rnd Title Officcr
Page 3 of?
EXHTBTT 4
16.A.2.b
Packet Pg. 312 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXHIBITA
IV Dccds of convcyancc and all othcr documenB lhat sre r€levant or incidcnt to ths salc and
elosing ofresidcntial homcs or lols o EESSEIE (nol to enothcr business), including any
Iatcd such as or other rclevant docqrcnts,
Closire of the Puniale rad Sale of Rerl Propertv
V. Contrasb, dccds and all o&cr slo,sing documcnts for lhc purchrse or sale ofrcal propcrty (gtiqr
than the sale atd ofrcsidcntial homes or lols lo consumcrs
Othcr titlc(s) or person(s) desigoaled
in tvr.ithg by cithcr lhe Area
Prcsidcnt or ArcE VP Fimrce
Divlslon Sped$c Slgalng
PowzrGentrol Signing Po*er
Chairman of lhe Board Area Prcsident
ChiefExecutive Ofricer Arca VP Finance
Presidcnt Division Prcsidcnt
Division VP/Director FinanccExccutivc Viec Prcsident
Scnior Vicc President Division Controller
Division VP of SalesVice Presidcnt
General Sales Manager
Closing/Homebuycr Coordinator
Any of the following cmployees of
.ithcr Pultc Morrgrge LLC: Vice
Presidcnl and Bmnch Mrnagcr
I Any of $c following cmployecs of
' cithcr Sun City Title AEcncy, lnc.
or PGP Tith, lnc. or PGP Titlc of
Floridq lnc.: Vicc PrcsidenL
Escow Mrnrger, Escrow
Supewisc, Dircctor.Closing
Scrviccs, rnd fitlc Officcr
Othcr tillc(s) or pe6on(s)
dcsignaled in writing by cither the
Arca Prcsidcnt or Arca VP Finrnc:
Geneml Sigaing Power DlYkton Spcdfic Etgnlng
Povct
Ctairmsn ofthc Board Arca Prcsidcnt
Chief Exccutive Offiscr Arca VP Finance
President Area VP Land
Pagc 4 of 7
16.A.2.b
Packet Pg. 313 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXHIBITA
Executive Vicc Presldent Division President
Senior Vhe Presidert
and Gencral Counstl
Division VP/Director of Finance
other ride(s) or pcrson(s)
designrtcd in writing by
rcsolutior{s) ofthe
Board of Directors
Division VP of Laod
Developm urt/Acquisition
Rcal Prooerty Finsoclnp and [rod Baoking Transactiops
VL Doc.umcnts relsted to any of the following resl psopcrty financings lttd lsnd bsnking
transactions:
a. Traditional Finarinr, Loan agreemcots, sccurity sgrEements, promissory nots, dceds of
uust rnd all other documcnE lhat 8rc relevant or incidcnt to thc linancing ofthe purchase
andor devclopnrcnt of tt"al propcrty.
b. SEccisl Toxinc District Financine, LoEn rgrecmenB, seeurity agrccmcnts, promissory
notes, dccds of trust aod Ell other documcnts 0nd€r which lhe Company or lhc hrtnerstip
is I pE ty thst arc rebvrnl or incidenl to a Spccial Taxing District Fimncing (delincd
belorv), g!hgt!b$ documents contcmplated in Guaranlees Bnd Envimnmcntal Indemnitics.
'Spccld-fafl1g-Pj$Aq1[fig4sfug'mcans a fimncing thmugh the isslance of bonds by a
community development distsict, community facilities distict, municipal utility dislrict,
comty or muricipal improvement distict, lsx incrEmenul disuict or other similar special
purposc unit of loeal governmcnt.
c, Guaranteas and Environmcatrl lndemnitics. Guamntees ofpayment or pcrformsnce ofthe
obligatiom of another er[hy (vhether in thc form of r payment Eurrsnty, indemniqr or
othor doctment), mainlcruncc or rcmargining gueranlees and mvironmcntal lndcmnities
in sonncction with dcvelopmenr financing.
d. Lerd Benkinp Trartssclims. Assignmens of contracls lo purchase real property, optims
to prrchrse rcal property, dcvclopmcnt lgrccmcnE and otlrer documcnts evidencing
anangcmcnts wiah an incmediary, such as a land bankcr, to purrhsse or devetop rcal
property,
Gmeml Slgnlng Power Dlvlslou Spceitic Slgaiag
Pawer
Chicf Financial Officer of
the publicly Uaded ultimatc
parcnt
Trcasurr of thc publicly
tradcd ultimatc parcnt
Pagc 5 of7
16.A.2.b
Packet Pg. 314 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
LheBca
Vll, Documcnls necBsary to obtrin liceoscs and dcpsrtma[ ofrcal eststc public rcports or similar
documcns in Calihmia and other states ag rvithout limituioq Arizons 8nd Ncvada).
CC&Rs
VIII. Restdctive covcnants, conditions, restrictions, eascmsnts and othcr similar rights or
rcstrictionsr commonly known as CC&Rs, affecting rcal propcrty or improvcmcntson rcal
property, and documents relating lo CC&\ such as the organizational documcnls for the
rclated homcowners' or own6'fs' Essociation.
RESOLVED FURTHER, that all lrwful acs speclfically dcscribcd ln the immediatcty prcccding
resol4ion, lmdcrtatcn prior lo fic adodim of th?se rcsohrtions, in the Company's own capacity or as
meoaging partrrr or managing mcmbcr of tftc Panncrship, rre hcrcby ratified, confirmcd md adopted by
lhe Compsny.
Dlvbion Spccl$c &gnlng
PoperCencral Slgnlng Pow*
Chairmsn of thc Boatd Arca President
Area VP FinanceChief Executive Officcr
Arqa VP LsndPrcsidcnt
Executivc Vicp Prcsidcnt Division Prcsident
Division VP/Dircctor of FinanceSenior Vicc Prcsidcnt
Division VP/Dlrcctor SalcsVicc Prcsidcnt
Division VP of Construction
Opcrations
Area VP/Division VP/Dircctor Land
AcquisitiodDcvelopmcnt
Geneml Slgnlng Pow*Divlslon Spccllk Slgnlng
Powt
Chairman of thc Bosrd Arca Presidcnt
Chicf Executivc Oflicer Arca VP Finance
Presideot Area VP Land
Exccutivc Vice Presidcnt Division President
Senior Vicc Prcsident Division VP/Dircctor Finance
Vice President Division VP/Dircctor Land
Acquisitio Developmcnt
Pagc 6 of7
EXHIBIT A
-l
I
Dro
16.A.2.b
Packet Pg. 315 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)
EXHIBIT A
RESOLVED FURTHE& that any Signing Power Rcsolutlons or Powcrs ofAtlomcy and Grants
ofAgency previously issucd or adopted by thc Company arc hereby lerminatcd, rcvokcd rnd superseded in
their entircty by these rcsolulions.
Ellcctivc as ofJanuary I,2017.
Page 7 of?
16.A.2.b
Packet Pg. 316 Attachment: Bond Basis (22259 : Excavation Bond Release - Del Webb Naples Parcels 205-208)