Agenda 12/13/2022 Item #16A 7 (Valencia Golf and Country Club - Phase 2A)12/13/2022
EXECUTIVE SUMMARY
Recommendation to approve an extension for completion of required subdivision improvements associated
with Valencia Golf and Country Club - Phase 2A (AR-8975) subdivision pursuant to Section 10.02.05 C.2 of
the Collier County Land Development Code (LDC).
______________________________________________________________________________
OBJECTIVE: To approve an extension for the completion of subdivision improvements associated with the
Valencia Golf and Country Club - Phase 2A subdivision.
CONSIDERATIONS: On May 9, 2006, the Board of County Commissioners ("Board") approved the final plat of
Valencia Golf and Country Club - Phase 2A for recording. The LDC requires that upon approval by the Board of
County Commissioners a plat must be recorded within 18 months and the associated subdivision improvements
must receive final acceptance within 36 months unless an extension is formally requested and granted by the
Growth Management Department. The plat has been recorded (Plat Book 46, Pages 43 -47), and the required
subdivision improvements are substantially complete. On February 24, 2009, the Development Review Division
granted preliminary acceptance of the subdivision improvements. There is a Construction and Maintenance
Agreement for Subdivision Improvements and a Performance Bond in place as a development guaranty. The
property owner has requested that the Board approve an extension of the plat improvements final acceptance
deadline from August 10, 2022 to August 10, 2024 to allow completion of final site improvements, including
sidewalks.
An insubstantial change to the plat (ICP) was applied for to address sidewalks that were installed on private
property. A Planned Unit Development Minor Change Petition was applied for concurrently to remove sidewalks
on several culs-de-sac within the development. Due to an appeal filed against the ICP and PMC approvals, heard
by the Hearing Examiner at the November 10, 2022 meeting, the final site work has not been able to be completed.
Should the Board approve this extension request, the improvements must receive final acceptance prior to August
10, 2024, or additional extensions must be requested and approved. The LDC allows for two, 2-year extensions,
which the developer has applied for and received. Moreover, the developer received additional extensions through
various legislation and Executive Orders. As such, the required improvements final acceptance deadline expired on
August 10, 2022. Since this proposed extension is beyond what is allowed by the LDC, approval by the Board is
required.
The property owner has paid all the past fees which would have been paid for normal extensions. All fees
associated with the original approval have been paid.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 -- Land Development Services
Revenue generated by this project: Total: $150.00 Extension Fee
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority
vote for Board approval. -DDP
RECOMMENDATION: To approve an extension for completion of the required subdivision improvements
associated with Valencia Golf and Country Club - Phase 2A (AR-8975) until August 10, 2024.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.7
Packet Pg. 592
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 23734
Item Summary: Recommendation to approve an extension for completion of required subdivision improvements
associated with Valencia Golf and Country Club – Phase 2A (AR-8975) subdivision pursuant to Section 10.02.05
C.2 of the Collier County Land Development Code (LDC).
Meeting Date: 12/13/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/24/2022 4:06 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
10/24/2022 4:06 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
10/24/2022 9:16 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
10/26/2022 8:28 AM
Growth Management Department Diane Lynch Growth Management Department Completed 11/02/2022 11:12 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/03/2022 10:39 AM
Growth Management Department Jaime Cook Division Director Completed 11/10/2022 9:40 AM
Growth Management Department Trinity Scott Transportation Skipped 10/28/2022 3:49 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/15/2022 8:55 AM
Growth Management Department James C French Growth Management Completed 11/22/2022 10:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/22/2022 10:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2022 3:38 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/22/2022 4:45 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 10:38 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.A.7
Packet Pg. 593
VALENCIA GOLF & COUNTRY CLUB
PHASE 2A
LOCATION MAP
16.A.7.a
Packet Pg. 594 Attachment: Location Map (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION
IMPROVEMENTS TIDS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered into this 1?) 1 1-\ day of O & 1 , 20 c) ) between D.R.
Horton, Inc. hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: A.Developer has, simultaneously with the delivery of this Agreement, applied for the approval bythe Board of a certain plat of a subdivision to be known as: Valencia Golf & Country Club
Phase Il�-h.o� il;).Q2_.Q4-B. :01�s10H .2 of the Collier County Land Development Code requires the Developer to postappropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1.Developer will cause to be constructed: roadways, utilities & stonn water drainage within 6
months from the date of approval said subdivision plat, said improvements hereinafter referred toas 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$ 1,941,708.23 which amount represents10% of the total contract cost to complete construction plus 100% of the estimate cost to completethe required improvements at the date of this Agreement.3.In the event of default by the Developer or failure of the Developer to complete suchimprovements within the time required by the Land Development Code, Collier County, may callupon the subdivision performance security to insure satisfactory completion of the requiredimprovements.4.The required improvements shall not be considered complete until a statement of substantialcompletion by Developer's engineer along with the final project records have been furnished to bereviewed and approved by the Development Services Director for compliance with the CollierCounty Land Development Code.16.A.7.b
Packet Pg. 595 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
5.The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of the
improvements; or b) notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the
Director's approval of the improvements. However, in no event shall the Development Services
Director refuse preliminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requirements of this Agreement.
6.The Developer shall maintain all required improvements for a minimum period of one year after
preliminary approval by the Development Services Director. After the one year maintenance
period by the Developer has terminated, the Developer shall petition the Development Services
Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining I 0% of the subdivision performance security. The Developer's responsibility
for maintenance of the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
7.Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director to reduce the dollar
amount of the subdivision performance security on the basis of work complete, Each request for a
reduction in the dollar amount of the subdivision performance security shall be accompanied by a
statement of substantial completion by the Developer's engineer together with the project records
necessary for review by the Development Services Director. The Development Services Director
may grant the request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
8.In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9.All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this / � 1 ,._, day of Ql--T· , 20_0_· �'>�-
16.A.7.b
Packet Pg. 596 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
P . N ,.---;:::-.-:::, ___ nnt ame: /!!?) 1::::)M�c,y
Print Name: a{,LtP �� J
ATTEST: DWIGHT E. BROCK, CLERK :��o::c . -Paul Romanowski, Vice President
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
'juJ_w. �
By:_ f Kia,DW----C'.-Di LE , Chairman
16.A.7.b
Packet Pg. 597 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
K?\OW ALL PERSONS BY THESE PRESENTS: that
D.R. HORTON, INC.
1192 EAST NEWPORT CENTER DRIVE SUITE #150
DEERFIELD BEACH, FL 33442
(hereinafter referred to as "Owner") and
LEX ON INSURANCE COMP ANY
1919 S. HIGHLAND A VE., BLDG A, STE 300
LOMBARD, IL 60148
BOND NO. 1012146
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of One Million Nine Hundred Forty One Thousand Seven Hundred Eight
Dollars and twenty three cents ($1,941,708.23) 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
seYerally, 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 VALENCIA GOLF & COUNTRY CLUB PHASE II 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")
�OW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay
and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to
remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension
of time. alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on
this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification
of :my character whatsoever.
16.A.7.b
Packet Pg. 598 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 18th day of
�,�. .
'. /,:'"\.,,�· -":::tc.-To/
Witness Print name or Type
�U-¼_ 'r/ � Witness Signature
Witness Signature Irene Diaz Witness Print name or Type .. STATE OF Ptond.A.,J . COUNTY OF '}?rVt.Vard .
Paul Romanowski, Vice President
Ja s . Moore, Attorney-in-Fact orida License No. Al83300
��������-�WM ,�P� The foregoing instrument was acknowledged before Romanowski, Vice President, D.R. Horton, Inc., who ______ as identification. c., __ _..;. _ _,_ __ s produced ______ _
(Signature ofNQ State of Ren,!'--
W)t' . .R<.2 ::r. 0-ua (YZA-(Print, Type, or Stamp Commissioned Name of Notary Public)
The foregoing instrument was acknowledged before me this 18th day of July, 2005, by James I. Moore, who is personally known to me or has produced (personally known) as id�cation. A)tJ'J.L'vl o(. ��(Signature of Notary PubliC::::SState of Illinois . __________,
(Print, Type, or Stamp Commissioned Name ofNotary Public)·
OFFICIAL SEALDAWN L MORGAN���sue. STATE OF ILLINOISVVI-SSION EXP1RES:03129ma
16.A.7.b
Packet Pg. 599 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
POWER OF ATTORNEY
W LX -I] 0 8 6 6 7 J:"exon Insurance· Company KNOW ALL MEN BY THESE PRESENT S, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisv;ile. !<entucky, does hereby constitute and appoint: Michael J. Scheer, James L. Moore, Christine Woods, Irene Diaz, Bonnie Kruse,
Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt
its true 2nd 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· •,vnnngs obligatory in nature of a bond not to exceed $ 2,000,000.00 Two Million Dollars
collars. ·:1hich the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
'.'uch documents by an Attorney -In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regulari'J f�!ec:ed 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.
F=ies oived, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
gr:::ntec1. ond the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
c\nc! ar.•; such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
2xecutc<i and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be ,_,a!id and binding on the Company.
!:1J WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Ccrpor ate 3eal to be affixed this 2nd day of July, 2003.
ACKN OWLEDGEMENT
LEXON INSURANCE COMPANY
David E. Campbell President
011 this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say thot 1-'= ·,s the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that
1c, ·::xecc::=a said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
"OFFICIAL SEAL" LYDIAJ. DEJONG NOTARY PUBUq1 STATE OF ll.LINOIS MY COMMISSION EXPIRES 1/12/2007
CERTIFICATE
Lydia J. DeJong Notary Public
, ,'1e undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIF Y that the
' C'11:Jrn2! 00·Ner 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
i rssoiutio"'.s as set forth are now in force.
Signed on::! Sealed at Lombard, Illinois this ___ 1_8�t_h __ Day of July , 20 05
Dona� D. Buchanan Secretary
16.A.7.b
Packet Pg. 600 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
Valencia Golf & Country Club Phase II
Constuction Costs
Prepared by:
David Walker, E.I.
Davidson Engineering, Inc.
Project Cost Summary
Description
Landscape & Irrigation
Site Fill
Roadway Construction
Drainage
Water/Sewer Construction Costs
Total
Bond Amount 110% of construction cost
Phase II-A Construction Cost
New Bond Amount For Phase II
$
$
$
$
$
$
$
$
$
Jeff L. Davidson, P.E. Davidson Engineering, lno. P.E. Registration No. 47161 Company Reg. No. 00009496
205,900.00
15,000.00
533,637.90
264,792.00
745,859.40
1,765,189.30
1,941,708.23
605,676.72
1,336,031.51
I (
\\Davidsonserver\company\Active Projects\H\Horton Homes 03-0023\Valencia Golf & C C Phase 11\Endin ering\Opinion of Probable Cost New Bond Phase II.xis / Page 1
16.A.7.b
Packet Pg. 601 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
Lexon Insurance Company
To be attached to arid form a part of Bond No. 1012146
Effective: July 18, 2005
BondAmount: $1,336,031.51
Executed by: D.R. Horton, Inc.
and by: Lexon Insurance Company
in favor of: Collier County, FL
as Principal
as Surety
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 Two Hundred Eighty Three
Thousand Four Hundred Eighty Two and 94/100 Dollars ($283,482.94) per Obligee letter dated
May 7, 2008.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
This rider is effective May 7, 2008
Signed and Sealed May 14, 2008
�ip
f::
. Horton, Inc.
Principal
Surety: Lexon Insurance Company
---��---By:0.Jau.o/\.... o( 17t �'1"-Dawn L. Morgan �ey-in-Fact
16.A.7.b
Packet Pg. 602 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
Lexon Insurance Company Rider to be attached to and form a part of Bond Number 1012146 on behalf of D.R. Horton, Inc. at 1245 S. Military Trail, Suite 100, Deerfield Beach, FL 33442 (Principal), and in favor of Collier County, FL (Obligee), executed by the Company indicated above (Surety) in the amount of One Million Nine Hundred Forty One Thousand Seven Hundred Eight and 23/100
Dollars ($1,941,708.23) effective July 18, 2005. The Principal and the Surety hereby consent to changing the said bond as follows: The aggregate sum of this bond is hereby decreased to One Million Three Hundred Thirty
Six Thousand Thirty One and 51/100 Dollars ($1,336,031.51) per Obligee letter dated
May 8, 2006. Nothing herein contained shall vary, alter or extend any provision or condition of the bond other than as above stated. Signed, Sealed and Dated this May 10, 2006. D.R. Horton, Inc.Principal Lexon Insurance Company Surety 16.A.7.b
Packet Pg. 603 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
' --·------------------------------------------------, POWER OF ATTORNEY
Lexon Insurance Company LX -02 Q 4 4 7
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, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer,***** Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman 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 WIT NESS 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.
ACKN OWLEDGEMENT
LEXON INSURANCE COMPANY
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. -------;OFFICIALSEM.;-I LYDIA J. DEJONG NOTARY PUBLIC STATE OFIWNOIS MY COMMISSION EXPIRES 1/12/2007 .,....,______________"'
CERTIFICATE
Lydia J. DeJong 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�O�t=h�--Day of --"'M=a""'y'----' 20 06
�j),� Donald D. Buchanan Secretary
16.A.7.b
Packet Pg. 604 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
STATE OF ILLINOIS}
COUNTY OF DUPAGE}
On May 10, 2006, 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 hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires, June 26, 2006
Qfficlal Seal
Tariele M Ptsc:iotto
Notary Public State of Illinois
My Commission Expires 06126/06
16.A.7.b
Packet Pg. 605 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Engineering Services Department 2800 North Horseshoe Drive • Naples, Florida 34104 May 8, 2006 Mr. James Moore, Attorney-in-Fact Lexon Insurance Company 1919 S. Highland Ave., Bldg. A, Suite 300 Lombard, IL. 60148 RE: Performance Bond No. 1012146 / D.R. Horton-Valencia Golf & CC Phase II Dear Mr. Moore: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $605,676.72, leaving an available balance of $1,336,031.51. An original Rider should be directed to this office reducing the value of the Performance 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, JJ� Senior Engineer Cc: Jeff Davidson, P.E. Project File C 0 -y C o u. n t y Phone(239)659-5744 Fax (239) 530-6201 www.colliergov.net 16.A.7.b
Packet Pg. 606 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
COLUERCOUNTYGOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering and Environmental Ser vices 2800 North Horseshoe Drive • Naples, Florida 34104 May 7, 2008 Mr. James Moore, Attorney-in-Fact Lexon Insurance Company 1919 S. Highland Ave., Bldg. A, Suite 300 Lombard, IL. 60148 RE: Performance Bond No. 1012146 / D.R. Horton-Valencia Golf & CC Phase II Dear Mr. Moore: Please be advised that based on the work completed to date, the subject Performance Bond may now be reduced by $1,052,548.57, leaving an available balance of $283,482.94. An original Rider should be directed to this office reducing the value of the Performance 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. Sinrely, \ �sworth Senior Engineer Cc: Jeff Davidson, P.E. Project File C 0 Phone (239) 252-5866 T C Fax(239)530-6201 0 ... ... C y www.colliergov.net 16.A.7.b
Packet Pg. 607 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
Lexon Insurance Company
To be attached to arid form a part of Bond No. 1012146
Effective: July 18, 2005
Bond Amount: $1,336,031.51
Executed by: D.R. Horton, Inc.
and by: Lexon Insurance Company
in favor of: Collier County, FL
as Principal
as Surety
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 Two Hundred Eighty Three
Thousand Four Hundred Eighty Two and 94/100 Dollars ($283,482.94) per Obligee letter dated
May 7, 2008.
Nothing herein contained shall vary, alter or extend any provision or condition of this bond
except as herein expressly stated.
This rider is effective May 7, 2008
Signed and Sealed May 14, 2008
�cipa�·l: D .. Horton, Inc.
By: -------------------Principal
Surety: Lexon Insurance Company
By:(irdt{M_ o( �4Dawn L. Morgan Aft ey-in-Fact
16.A.7.b
Packet Pg. 608 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
POWER OF ATTORNEY
Lexon Insurance Company LX-38550
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: Iaroes I Mooce, Jreoe Diaz, Boooie Kmse, Stephen T Kazmer Dawn T. Morgan Peggy Faust **•
Kelly A Jacobs 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 WIT NESS 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.
LEXON INSURANCE COMPANY
BY---+a-"""-�---4----'-y��-
ACKNOWLEDGEMENT
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
mos
My Commission Expires 09/21/09 CERTIFICATE
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 4�th�--Day of __ M_a_y_�, 20 08
�11�
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
16.A.7.b
Packet Pg. 609 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)
STATE OF ILLINOIS}
COUNTY OF DUPAGE}
On May 14, 2008, before me, Tariese M. Pisciotta, 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
day and year stated in this certificate above.
My Commission Expires, June 26, 2010
hand and affixed my official seal the
OFFICIAL SEAL '""-1 TARJESE M PISCIOTTn � NOTARY PUBLIC -STATE OF ii. L/J,J,�;s �MY COMMISSION EXPIR'ES:06/;2G/"i0
16.A.7.b
Packet Pg. 610 Attachment: Bond Basis (23734 : Subdivision Extension - Valencia Golf and Country Club - Phase 2A)