Agenda 01/24/2023 Item #16A 6 (To release security which was posted as a development guarantee)01/24/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the total
amount of $1,000,000, which was posted as a guarantee to cover the excavation work associated with the
following Excavation Permits: 59.902-1, BelleraWalk at Ave Maria (AR-9214); 59.902-4, Ave Maria Unit 8,
Emerson Park (AR-8941); 59.902-5, Ave Maria North Sports Park and Tennis Aquatic Facility (AR-9178);
59.902-6, Del Webb at Ave Maria Phase 1 (AR-8654); 59.902-8, Ave Maria Phase Two Plat (AR-8697);
59.902.9, Ave Maria Boulevard (Arch Rd. & Camp Keais Rd. - AR-8880); 59.902-12, Camp Keais Entrance
at Ave Maria (AR-12286); 59.902-31, Del Webb Parcel 107 & 108 (PL20160000905); 59.902-32, Del Webb
Parcel 204 (PL20160001367); 59.902-33, Del Webb Parcel 213 (PL20160001658); and 59.902-35, Del Webb
Phase 3-Parcels 209-212 (PL20170000501).
OBJECTIVE: To release security which was posted as a development guarantee.
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 the following
Excavation Permits: 59.902-1, BelleraWalk at Ave Maria (AR-9214); 59.902-4, Ave Maria Unit 8, Emerson Park
(AR-8941); 59.902-5, Ave Maria North Sports Park and Tennis Aquatic Facility (AR-9178); 59.902-6, Del Webb at
Ave Maria Phase 1 (AR-8654); 59.902-8, Ave Maria Phase Two Plat (AR-8697); 59.902.9, Ave Maria Boulevard
(Arch Rd. & Camp Keais Rd. - AR-8880); 59.902-12, Camp Keais Entrance at Ave Maria (AR-12286); 59.902-31,
Del Webb Parcel 107 & 108 (PL20160000905); 59.902-32, Del Webb Parcel 204 (PL20160001367); 59.902-33,
Del Webb Parcel 213 (PL20160001658); and 59.902-35, Del Webb Phase 3-Parcels 209-212 (PL20170000501).
All As-Built lake cross sections have been received and all lakes have been inspected by the Development Review
Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed.
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 Performance Bond No. 6414722 in the total
amount of $1,000,000. 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, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.6
Packet Pg. 300
01/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 24136
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in
the total amount of $1,000,000, which was posted as a guarantee to cover the excavation work associated with the
following Excavation Permits: 59.902-1, BelleraWalk at Ave Maria (AR-9214); 59.902-4, Ave Maria Unit 8,
Emerson Park (AR-8941); 59.902-5, Ave Maria North Sports Park and Tennis Aquatic Facility (AR-9178); 59.902-
6, Del Webb at Ave Maria Phase 1 (AR-8654); 59.902-8, Ave Maria Phase Two Plat (AR-8697); 59.902.9, Ave
Maria Boulevard (Arch Rd. & Camp Keais Rd. – AR-8880); 59.902-12, Camp Keais Entrance at Ave Maria (AR-
12286); 59.902-31, Del Webb Parcel 107 & 108 (PL20160000905); 59.902-32, Del Webb Parcel 204
(PL20160001367); 59.902-33, Del Webb Parcel 213 (PL20160001658); and 59.902-35, Del Webb Phase 3-Parcels
209-212 (PL20170000501).
Meeting Date: 01/24/2023
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/14/2022 3:15 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/14/2022 3:15 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
12/14/2022 3:50 PM
Growth Management Department Diane Lynch Growth Management Department Completed 12/19/2022 11:47 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
12/20/2022 12:56 PM
Growth Management Department Jaime Cook Division Director Completed 12/28/2022 4:22 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/29/2022 7:56 AM
Growth Management Department James C French Growth Management Completed 12/29/2022 5:59 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/09/2023 10:13 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/09/2023 12:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/11/2023 3:54 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/12/2023 4:49 PM
County Manager's Office Ed Finn CMO Completed 01/16/2023 4:49 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/18/2023 9:30 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/24/2023 9:00 AM
16.A.6
Packet Pg. 301
AVE MARIA OVERALL PULTE
EXCAVATION BOND
LOCATION MAP
16.A.6.a
Packet Pg. 302 Attachment: Location Map (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Pul te Home Corporation/DiVosta Homes, L.P. 3459 Pine Ridge Rd., Naples, FL 34109 (hereinafter referred to as "Owner") and Safeco Insurance Company of America Bond No. 6414722 2800 W. Higgins Road, Suite 1100, Hoffinan Estates, IL 60159 847-490-2900(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 Dollars ($1,000,000.00) 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 will complete the requirements of excavation permit no. (59-902.] for the project "All lake excavation by Pulte Homes Corporation and/or DiVosta Homes, L.P. within the Ave Maria SRA" pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on July 27, 2006 and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, (''The Guaranty Period"). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful perfonnance 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 16.A.6.b
Packet Pg. 303 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
be executed this 276 dayof Julv ,2 0 06
(Owner's witness and signature block)
WTNESSES:
Marcia Eoward
Printed Name
WTINESSES:
CorDoratiorl/Di Homes. L.P.
Pulte Home Corporati Vosta Homes, L.P.
(Surety's witness and signature block)
Safeco Insurance Company of America
B lh
By:
v
The foregoing PERFORMANCE BOND was acknowledged before me this
20Q!, by Calvin R. Bovd as
Caro Itersteln Ian M Klvm A in-Fact
IL
Susan lJlnslow
Printcd Name
(Separatc notary and acknowlcdgnent for Ownef, and Surety required)
STATEOF Mlchlgan
COIJNTY OF o,k1,",1
27th day of fuly,of Pulte Home
who is personally known to me, or has produccd
as identification.
&
Y PUBLIC - S F Michisan
Colleen F. Cuni e
PRINTED NAME
STATE OF Michiean ccuEE{ F OnflE
I,IOTAHY RE Tq STAIE OF III
cottITY0Fofl(ulo
uY crllffis EIPrlql$ l{?pte"' -Aglmnn€ooilrYaF
COUNTY OF Oakland
(sEAL)
Calvin R. Boyd. Director of Treasurv Ooerations
Printed Name to include TitlePrinted Name
Erin Ashenfelter
Printed Name to include Title
16.A.6.b
Packet Pg. 304 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
The forcgoing PERFORMANCE BOND was acknowledged before me this 27'h day
of__July_-_,2005, by Jan M. Klvm as Attornev-in-Facl of Safeco Insurance Companv of
America who is personally hrown to me, or has produced
identification.
PUBLIC OF Michiean
Collee-rr F
PRINTEDNAME
as
(SEAL)
mlIE{FOmE
ITOIAffY PIBtIg STAIE tr UI
oclffTY OF ofluxD
llY COmggOil ExPnEg AF 14 O12
AOIilO NTTCCUNTAF
16.A.6.b
Packet Pg. 305 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
8 SAFECO'LIMITED POWER
OF ATTORNEY
SAfECO INSUR.ANCE CO$PANY Of AI|ERICA
GE'{€RAI INSURANCE CO'#Ary Of Ar.ETIICA
HOME OFFICE: SAfECO PT-AzA
SE4ITL€, WASIIINGION 9I IA5
No.80ll
(, Two Millir FrE lhEdld Tbos-d d tryl(x) - , .
I(NOVY ALL BYTHESE PRESENIST
Thc SAFECo lxst RAICE CoTTPANY oF AI{EFTCA and GEIERAL lt{SURAllcE coXPAr{Y oF ArrERtCAb eacfi e W.sn,rgtdr copor.tiirr. doe3 eedrheEby rppoht
R ZUKOFF; SUZANNE TREPPA; JoHN R. SToLIJ& VINCENT .l- FREES; cALvIN R. EOYD; ruUA T. CORCO&AN: ,AN M. x!yM:,ANE K. BOTnNG; BRt @ E ROBDISON; ROBERT !()I'TER; Aha,lficld Hinr, Mkr,it.s..........
it Uua atd latlt adomsy(slin-rBc,l, vr h tun aooErity to ox6orts on fu blhat luoaity and iurety borxts o. urd.rt thg3 aod ot.t docrrri.nB o(. dml..6..aafrr U{r6d by th. cornp,e(l', h lhe oo6to ol [r business, and ]o tind tle .olp€rlive cqn 6ny th€Jeby an amoont, oa pcnaLg nd ercrG*tg 0l. slrn
DOLLARS (t ?J00,m0.00
N WlI ESS WIIEREoF SAFECo ITSURANCE cotlPA}{Y oF ALERlcA and GENEFAL lt*gURANcE COMPANY OF A ERtcA have Er.fi .xrq{.d ondatGsbd these p.lsBflts
lhis I trb 2005
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CHNSNNE MEAO, SECREIARY MrKE MCGAVTC( PRES|DEMT
CERIIFICATE
Extia<t frdn OE gy-LalB o, SAFECO TNSURANCE COmpA y OF AIER|CA
aod of GEIERAL rISURAXCE CO,lpANy OF AI|ER|CAT
'Arlide V, Sedkn 13. - FIOELTTY AND St RETY BONDS - . . tle p,tslderr. any V,co presf.Cent, 0!9 So€rErary. sDd eny Arst tsnt vb. prc!ir(* epoLrlsd lt,0t'l F,.Por6 by ulr otrrcet in chtgs o, su€tlt operatlons, sfiar e.ct have alrthorli to appolot hdtidu.ls as aoomeys.&r-Ld or unocr oo|or app.ogdrL sb. irlha'thdity lo c&q',L o'l b{fia, o{ lhe conlpaiy frdetty ard surely boadg and olher docunonb o, dmiha allsrecLr baued by hc aDriparry h lhc ooix36 o, ibburhcs ' ' oo al|y iNtu,rrlnt ,Eking-oa evldeftiE sudr appohher{, lle cgnalwe6 ,ioy bo stlhcd by tacainlh. on sny nrmlncrl confuntp ruarat,lhaly oa o.t gty bord o. qdartaHng of lhc cocpany, lhe s"d, or c facrtwa 0tcrc*. may ue irpre*:ej or affxed d h f'ly o|tG, |narrcr ,?aoducad;pro,ffed. t|orrr.lr' dx|t rho slar st..[ mr ba n€ceglaay ro rho vaFity of rny sudr irsr.!.n6i or undarrating.-
Ext acl lrori e R6otulon ot t lo Board o, Oirerto.s o, SAfECO TNSURANCE COlipANy OF AIERrcA
end ot cE ERAL INSURANCE COfpAXy OF ATIER|CA adoptsd lry 28, ,970.
'Dn rry certll(da aaecuted by t|e Secrltary or an asabbot sacrdaay ot h6 Co.np€n, j6llirg out.
0 IfE For,aarls ot tutijc V, S.ctbo 13 o, 0!e By{rws sid{f) A co9y o, tle pot .r-ofu[o[r.r.ppotri.n( 6&@bA Frrsrr. 6erEto, alldF) C.rEyilg that s.ld povrrr-of-o[o.nsy opColrtmt* g t irl torco ena cfjcr"
tE Canst . o, olc qtayhg o,tcor may b€ by lcirtr , rnd th. re.f ol 0E CdrtEiy ri.y b. e Ir.slrd. ttbr!o(-.
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l}{ WTNESS m.EREOF,I h3v3 he.dr o let my h{d aod snD.ed th. t!.rli.rfs sesl otgaid qDo.atonr
$!js 27 th dayo, JulY 2006
CHRISTINE MEAD. SECRETARY
SEAL
,Sx
SEAL
s-og7srsAEF 2,or OA rltFltrld E d.rrE dS TECO Co.Ddjo.r
qytsl&s POF
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day of M.rrb
Epmf,t
16.A.6.b
Packet Pg. 306 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this t1 day of Dfr(, , 2016 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".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 ( 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 Regulations and Excavation Permit No. PL20160000905 (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:
1.
2.
3.
4.
5.
6.
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 hereof) in the amount of $77,660.
In 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 writing 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.
In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or �esignee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board s�all �ave
the right to construct and maintain, or cause to be constructed or ma1�tained,
pursuant to public advertisement and receipt and acceptan�e of bids, the
Excavation Work. The Developer, as principal under the excavation performance
16.A.6.b
Packet Pg. 307 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
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 this Agreement.
7. 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 tffs Agreement to be
executed by their duly authorized representatives this 2r{ day of D b . , 2016.
SIGNED IN THE PRESENCE OF:
Sign:
Printed Name Brrn /'n S [o"a
Sign:
7sV)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
AS form and legality:
Scott A. Stone
Assistant CountY AttorneY
(Pulte Home Corporation)
,r %*,r'/*'L-
Michael Hueniken
(Land Development Manager)
BOARD OF COUNTY
FLORIDA
John R. Houldsworth
as designee of the County Manager
pursuant to Resolution No. 2015-162
OF
By:
16.A.6.b
Packet Pg. 308 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
SURETY RIDER
Safe co lnsurance Companv of America
To be attached to and form a part of
Bond No. 6414722
Effective Date: July 27,2006
BondAmount: $1,000,000.00
Pulte Home Corporation/DiVosta Homes, L.P.
and by:
, as Surety
Safeco lnsurance Company of America
in favor of:
(Obligee)
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to changing:
Add the following permits to be included for work performed under this instrument:
Lake Excavation (Del Webb Parcels 107/108) - Lake DW2B
Permit #PL20160000905
All other terms and conditions remain the same.
This rider is effective: December 21,2016
Signed and Sealed: December 21 ,2016
Principal: Pulte Home Corporation/DiVosta Homes, L.P
By:
pal: James Ossowski, VP Finance & Controller
Surety: Safeco lnsurance Company of America
By:
Su :Bri O'lileara,ttorney-in-Fact
Executed by:
, as Principal
PPL Permit #PL20160000906
16.A.6.b
Packet Pg. 309 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
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THIS PCIWER OF ATTORNEY tS NOT VALTD UNLESS tT tS PRTNTED ON RED BACKGROUND.
flis PouEr bfAttorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. ffil2625
First National lnsurance Cornpany ofAmerica
General lnsurance Company of America
Safeco lnsurance Company of Anerica
POWER OF ATTORNEY
KNOV1N ALL PERSONS BY THESE PRESENTS: That First Nalional lnsurance Company of Anrerica, General lnsurance Company of America, and Safeco lnsurance Company of
hereby nane, conslitute and appoinl, Brien O'Meara: Bruce E. Robinson: Bryce Langen: James Ossowski: James Zeumer: KellyMarie Conlon: Matthew Zitka:
Melissa Hernandez: Steven M. Cook
all of the city of Bloomfield Hills , stde of M I each individually if there be nnre than one named, ils true and lawful attomey-injact to make, execute, seal, acknowledge
shall be as binding upon the Companies as if they hare been duly signed by the president and attested by the secretiary of the Companies in their ou,n proper persons.
lN WTNESS \ ,}|EREOE this Povrier of Attomey has been subscribed by an authorized officer or offcial of the Companies and the corporate seals of the Companies hare been affxed
theretothis 15th dayof December . 2014
First National lnsurance Company of America
General lnsurance Company of America
Safeco Company of America
By:
David M.Assistant Secretary
STATE OF PENNSYLVANIA
COUNTY OF IUONTGOMERY
SS
Qnt[i5 15th (6yof December ,2014 , before nc personally appeared David M. Carey, lvtro acknowledged himself to be the Assistant Secretary of First National
lnsurance Company ofAmerica, General lnsurance Company ofArnerica, and Safeco lnsurance Company ofAnrerica, and thal he, as such, being authorized so to do, execute lhe
foregoing inslrumenl for the purposes therein contained by s(rning on behalf of the corporations by hinEelf as a duly authorized ofiicer.
lN WTNESS WIIEREOF, I have hereunlo and affxed my notarial seal al Plymoulh lvheting, Pennsylvania, on the day and year firsl above written.
D,r", l,fi//.,.,;s By:/.-Teresa Paslella, Notary Public
This Pouier of Atlomey is made and of the following By-lau and Aulhorizalions of First Nalional lnsurance Company of America, General
lnsurance Company ofAmerica, and Safeco which are now in full force and effect reading as folloun:
ARTICLE lV - OFFICERS - Section 12. Povner of Attomey. Any offcer or other ofcial of the Corporation authorized for lhat purpose in vwiting by the Chairman or the President, and
Chairman, the President or by the officer or officers gralting such potiler or authority.
facl as may be necissary to act on behalf of the Company to make, execute, seal, acknorrledge and deliver 6 surety any and all undertakings, bonds, recognizances and other surety
obligalions.
of the company, wherever appearing ,pon , ..rtdrd copy of any pornler of attomey issued by the company in connection with surcty bonds, shall be valid and binding upon
the Company with the sanp force and eftcl as though manually affxed.
ard eftct ard has not been revoked.
lN TESTIMONY WHEREOF, t have hercunto set my hard and ffixed the seab of sail companies tns 1 5 k o.v ot
By:
ntb-
Gregory Davenport, Assistant Secretaryt2fr.5-
1:
76 ot 300
POA. FNICA, GICA& SICA
INS-12874-122913 - 3 ComPanY
f
16.A.6.b
Packet Pg. 310 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
STATE OF GEORGTA )
couNTY oF FULTON )
ACKNOWLEDGEMENT BY SURETY
)ss
This record was acknowledged before me on Decembet 21 ,2016, by Brien
O'Meara, Attorney-in-Fact of Safeco lnsurance Company, who provided to me on
the basis of satisfactory evidence to be the person who appeared before me and
is personally known to me.
WITNESS my hand and official seal.
sig ature of otary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17,2018
,^_ - _
t
SHIRLEY € HIJTCIIII
tlot.r, AtCc t
Fulton Co0nU
Srate ot Gaaela
Mv Commrssion Erpltt'l,201.
16.A.6.b
Packet Pg. 311 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
)ss.
COUNTY OF FULTON )
This record was acknowledged before me on December 21, 2016 by James
Ossowski, VP Finance and Controller, of Pulte Home Corporation/DiVosta Homes, L.P.,
who appeared before me and is personally known to me.
WITNESS my hand and official seal.
3i�Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
StlRLEY E HUTCHINS
NotaryPublte
NtonCounty
State ot Georgia
My Commission Expires Apr 17, 2018
'.,.1' ••
16.A.6.b
Packet Pg. 312 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into thhf.U., , 2016 between Pulte Home Co rporation hereinafter referred to as "
tfr6 goaia 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 al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (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 Regulations and Excavation Permit No. PL20160001 367 (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 $37,400.
In 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.
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 constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
is ?-\ dav of
oeffioper," ano
1
2
3
4
6
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 writing 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.
16.A.6.b
Packet Pg. 313 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
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 this Agreement.
7. 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 tlris Agreement to be
executed by their duly authorized representatives this4,S day of D 6 O ,2016.
SIGNED IN THE PRESENCE OF
Sign:
Printed Name brcnolrn 9 lo'a
Sign
2vtu fuft747,1
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
AS form and legality:
A. Stone
(Pulte Home Corporation)
Michael Hueniken
(Land Development Manager)
BOARD OF COUNTY COMMISSIONERS
oF coLLrE\ coul.r{Y, FLORTDA
Bv: -i8^iJohn R. Houldsworth
as designee of the County Manager
pursuant to Resolution No. 2015-162
Assistant County Attorney
,
16.A.6.b
Packet Pg. 314 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
SURETY RIDER
Safeco lnsurance Companv of America
To be attached to and form a part of
Bond No. 6414722
Effective Date: July 27,2006
Bond Amount: $1 ,000,000.00
Executed by:
, as Principal
Pulte Home Corporation/DiVosta Homes, L.P
and by:
, as Surety
Safeco lnsurance Company of America
in favor of:
(Obligee)
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to changing:
Add the following permits to be included for work performed under this instrument:
Lake Excavation (Del Webb Parcel 204) - Lake 4R
Permit #PL20160001367
All other terms and conditions remain the same.
This rider is effective: December 21 , 2016
Signed and Sealed: December 21 ,2016
Principal: Pulte Home Corporation/DiVosta Homes, L.p.
By:.(_-
pal: J ames Ossowski, VP Finance & Treasurern
t
By:
Surety: Brien 'Meara, Attorney-in-Fact
PPL Permit #PL201 60001 321
Surety: Safeco lnsurance Company of America
16.A.6.b
Packet Pg. 315 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
otb5etra!
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THIS POWER OF ATTORNEY !S NOT VALID UNLESS IT IS PRINTED ON RED BAGKGROUND.
This Poucr of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate |16 6812627
First National lnsurance Company ofAmerica
General lnsurance Company of Anerkx
Safeco lnsurance Company of Anerica
POWER OF ATTORNEY
KNOI/1N ALL PERSoNS BY THESE PRESENTS: That First National lnsurance Company of Anrerica, General lnsurance Company of America, and Sahco lnsurance Company of
hereby narne, constilute and appoint, Brien O'Meara: Bruce E. Robinson: Bryce Langen: James Ossowski: James Zeumer: KellyMarie Conlon: Matthew Zitka:
Ittlelissa Hernanrlez: Steven [t/l Cook
allof thecityof Bloomfield Hills ,state of Ml
-each
individually if there be more than one named, itstrue and larfulattomey-in-factto make, execute, seal, acknowledge
and delivel for and on its behalf as surety and as is act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of lhese presents and
shall be as binding upon the Companies as if they hare been duly signed by the presidenl and attested by the secretary of the Companies in their own proper persons.
lN WTNESS W1EREOF, this Pou,er of Atlomey has been subscribed by an authorized officer or official of the Cornpanies and the corporde seals of the Compilies have been affxed
thereto this 15th dayof December , 2014
i
&"
First National lnsurance Company of America
General lnsurance Company of America
Safeco Company of America
By:
David M.Assistant Secretary
Teresa Pastella, Notary Public
STATE OF PENNSYLVANIA
COUNTY OF I4ONTGOMERY
SS
On this l sth day of December 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of First National
lnsurance Company ofAmerica, General lnsurance Company ofArnerica, and Safeco lnsurance Company ofAmerica, and that he, as such, being aihorized so to do, execute the
foregoing instrurnent hr the purposes therein contained by signing on behalf of the corporations by hinsetf as a duly authorized officer.
lN WTNESS W{EREOE I have hereunto and affxed my notarial seal at Plynouth lvleeting, Pennsylvania, on the day and year first above written.
D,,", l,frlbBy:
This Povrrer of Attomey is made and of the following By-law and Authorizations of First National lnsurance Company of America, General
lnsurance Company ofArcrha, ad Sahco which are now in full force and efbct reading as follows:
ARTICLE lV - OFFICERS - Seclion 12. Porrrpr of Attomey. Any ofiicer or other ofcial of lhe Corporation authorized for that purpose in writing by the Chairman or the President, ad
Chairman, the President or by the oflicer or ofiicers granting such porrwr or authority.
facl as may be necessar to acl on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Arthorization - By unaninous consent of the Compan/s Board of Directors, the Corpany @nsents that facsimile or mechanically reproduced signdure of any assistant secretar
of lhe Company, wherever appearing upon a certified copy of any pourer of attomey issued by the Company in connection with surety bonds, shall be valid and binding upn
the Company with lhe sarne force and eftct as lhough nnnually afixed.
and effect and has not been revoked.
lN TESTIMo},IY Vl,llEREOF, I have hereunto sel nry hard ard ffixed the seab of sairl Companies *02\ Ef Ory o,,o_lb_
By:
Gregory Davenport, Assistant Secretary
78 of 300
POA. FNICA, GICA & SICA
WS_12A74_122O13 - 3 Company
I f;': . .<L,rjr.'. .r,\
,.- 'tqn& :
Duar*Lr<r-
16.A.6.b
Packet Pg. 316 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
STATE OF GEORGTA )
couNTY oF FULTON )
ACKNOWLE DGEMENT BY SURETY
This record was acknowledged before me on December 21 ,2016, by Brien
O'Meara, Attorney-in-Fact of Safeco lnsurance Company, who provided to me on
the basis of satisfactory evidence to be the person who appeared before me and
is personally known to me.
WITNESS my hand and official seal.
ignature o Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
tlot ry hlllc
tdbn colltt
Sm. ol G.ooll
17.2018MyCommi$ion
SHIRLEY E irficlsls
)ss.
16.A.6.b
Packet Pg. 317 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
ACKNOWLEDGEM NT BY PRINCIPAL
STATE OF GEORGTA )
)ss.
couNTY oF FULTON )
This record was acknowledged before me on December 21 ,2016 by James
Ossowski, VP Finance and Controller, of Pulte Home Corporarion/DiVosta Homes, L.p.,
who appeared before me and is personally known to me.
WITNESS my hand and official seal.
SHIBTEY E }II'ICIG
ilotrrt fuD&
F r[oo Cout,
Sl.lr ot G.o.gh
l,4y Commi ssion Eurtt A0r t7.2018
ignatu o f Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
16.A.6.b
Packet Pg. 318 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
THIS
Dh.<t-
EXCAVATION PERFORMANCE AGREEMENT
EXCAVATION PERFORMANCE AGREEMENT entered into this Z? day of
, 20"16 between Pulte Home Corporation hereinafter refened to as "Developer," and
The County Manager or designee shall, within si(y (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 writing 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
tne iignt to construct and maintain, or cause to be constructed or maintained,
pursuint to public advertisement and receipt and acceptance of bids' the
Excavation Work. The Developer, as principal under the excavation performance
i#EoarO of County Commissioners of Collier County, Florida, hereinafter referred to as the
'Board".
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 Regulations and Excavation Permit No. PL20160001658 (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 hereof) in the amount of $48,520.
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.
1
2
3
4
6
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
16.A.6.b
Packet Pg. 319 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
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 this Agreement.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this LA- 66, o1 D'E r--,2016.
SIGNED IN THE PRESENCE OF:
Sign:(Pulte Home Corporation)
printed Name Brcn/^^ S(*/r
Sign:
AJt^ L'EfA\)
Printed Name
AfiEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Ap ved as form and legality:
Scott A. Stone
Assistant County Attorney
By
Michael Hueniken
(Land Development Manager)
BOARD OF COUNTY COMMISSIONERS
OF CO CO FLOzuDA
, z/r*-(4;7-
^K
_)-By
John R Hou ldsworth
as designee ot the Lounty Manager
pursuant to Resolution No. 2015-162
7.All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
16.A.6.b
Packet Pg. 320 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
SURETY RIDER
Safeco lnsurance Com panv of America
To be attached to and form a part of
Bond No. 6414722
Effective Date: July 27,2006
BondAmount: $1,000,000.00
Pulte Home Corporation/DiVosta Homes, L.P.
and by:
, as Surety
Safeco lnsurance Company of America
in favor of:
(Obligee)
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the surety
hereby consent to changing:
Add the following permits to be included for work performed under this instrument:
Lake Excavation (Del Webb Parcel 213) - Lake 3R
Permit #PL20160001658
PPL Permit #PL201 60001 636
All other terms and conditions remain the same.
This rider is effective: December 21,2016
Signed and Sealed: December 21 ,2016
Principal:Pulte Home Corporation/DiVosta Homes, L.P.
,L-L
cipal: James Ossowski, VP Finance & Controller
Surety: Safeco lnsurance Company of America
By:
U Brie ,O'Meara, AttorneY-in-Fact
Executed by:
, as Principal
By:
r(
16.A.6.b
Packet Pg. 321 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
, THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND., TFis pa$.er oI Atorney limib the ac13 of lh6e namod herein, and they hav6 no adhority to bind the Company ercept in the nlannsr and to the o{8nl herein statgd.
cedificate No.6412026
Fi6t National lnsurance Conpary ofAmedca
General Insurance Company ot AfiErica
Safeco lnsurance Company of AnErica'
POWER OF ATTORNEY
KNOIVN ALL PERSONS BY THESE PRESENTS: ftat Filst Nalional lnsurance Company of America, General lnsurance Cornpany ol AnEdca, and Saftco lnsuraEe Company of
hercby nanE, constftIe and appoini,Brien O Meara: Bruce E. Bobinsonr Brvce Lanoen: James O owqki'.lamps Teumcr Kcllvlrarie Conlon Matthew Zilkal
Melissa Hernandezi Sleven M. Cook
allofthe city ol Eloomlield Hills stale of M I each individually iflhere be firJrc than one named, ils ln€ and laidul atlomey-in-facl lo make execule, seal. acknowledge
shall be as binding upon the Conpanies as it they have been duly srgned by th€ president and atlested by lhe secrctary of tte Companies in their or,!n prcper persons.
lN WTNESS ffiEREOF, lhis PouEr of Attomey has been subscribed by a0 authorized omcer or official of the Companies and the corporale seab of the Companies have been affxed
thereto this j!1L day ol December 2414
Firsl National lnsurance Company ofAmerica
General lnsrrance C,ompany of Arnerica
Safeco lnsurance Company ofAmerica
By
Oavid M. Ca , Assislanl Secretary
ss
On this ]!!L day of December ?gLL, belore rIE peEonally appeared David M. Carey, v,,ho acknowledged himself to be the Assistant Secreltry of Firsl Nalbnal
lnsura0ce Compary of AnEr*r, General lnsurance Company ol Arnerica, at Saleco lnsurdce Company ol AnE ica, ard thal he. 6 such. being arlhorized so lo do, erecute lhe
focgoing inslrunEnl lor the purposes tlEein contdned by stning on behaf of lhe corporatjons by hifiEelf 6 a du, adhorized ofrc€r
lN WTNESS W}iEREOF, I have hereunto subscdb€d. ny oane and affired my notdalseal al Plyllloulh li,beting, Pennsylvania, on lhe day and year frsl above written.
STATE OF PENNSYLVANIA
COUNW OF lvtONIGOtvE RY
ad efiecl ad h6 mt been levoked.
tN rEsTl'otlY vl,HEREoF, I have he@unto sel nry hard and afrxed he s€ab ot eaio companes tJE oav ot
D,,", /-f//,By
Teresa Paslella, Notary Public
lnsuralce Company of Amedca, and Safeco lnslaricB Compey o, Arnerica. whrch are now in fullforce and effect lEading as folbws:
Chairmer, tE President or by the offcer or offcers granting such po,r€r or authonty.
obligations.
of lhe Company, vriercver appeaing upon a cedified copy of any por,\rer of attomey issued by the Conpany in connection vJith surety bonds, shall be valid and binding upon
tte Coftpany $/ith he sarE brce ard efiecl as though tnanually affxed.
n]6-
Davenport, Assistant Secretary
ot,oo
C'
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POA . FNIGA, GICA & SICA
tlrs 12874 122013 -3 CmPenY
Sy:
Gregory
77 ol 300
16.A.6.b
Packet Pg. 322 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
STATE OF GEORGTA )
couNTY oF FULTON )
ACKNOWLEDGEMENT BY SURETY
)ss.
This record was acknowledged before me on Decembet 21 ,2016, by Brien
O'Meara, Attorney-in-Fact of Safeco lnsurance Company, who provided to me on
the basis of satisfactory evidence to be the person who appeared before me and
is personally known to me.
WITNESS my hand and official seal.
E/-l,aJ*.*
E
S nature of otary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
16.A.6.b
Packet Pg. 323 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGTA )
)ss
couNTY oF FULTON )
This record was acknowledged before me on Decembet 21, 2016 by James
Ossowski, VP Finance and Controller, of Pulte Home Corporarion/DiVosta Homes, L.P.,
who appeared before me and is personally known to me.
WITNESS my hand and official seal.
ig natu re f Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
folt Y h$fc
fuhon Couil,
sur ol6.c$l lr, 2018
SHIRLEY E HUICruE
CoflYftthn
16.A.6.b
Packet Pg. 324 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into thislday o'f z//.'l
2017 betvveen Pulte Home Company, LLC, a Michigan limited liability company succe6sor
by legal conversion to Pulte Home Gorporation 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 a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (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 Regulations and Excavation Permit No. PL20170000501 (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:
1. 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 hereof) in the amount of $ N/A.
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 writing 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 constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
2
J
4
6
16.A.6.b
Packet Pg. 325 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
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 lailure of
Developer to fulflll all of the provisions of this Agreement.
7. 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 Develooer have caused this Aoreement to be
executed by their duly authorized representatives lhis /<' day ot /4, t , Z6l.
SIGN
Sign:
/,a7 Sarr.ro-
Printed Name
Sign:
Jq.- l.
Printed Name
ATTEST:
DWIGHT E, BROCK, CLERK
By:
Deputy Clerk
App a to form and legality:
Scott A. Stone
Assistant County Attorney
Pulte Home Company, LLC, a Michigan limited
liability company successor by legal
conversion to Pulte Home Corporation
By:
Michael Hueniken
Land Development Manager
BOARD oF CO oIvI SIONERS
OF CoLLIER CO FLO
By (.
WWtrSENCEoF:
)
as designcc of thc County Mana-cer
pursuant to Rcsolution No. 2015- 162
(_
(
16.A.6.b
Packet Pg. 326 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
€xh'b ,l "A "SURETY RIDER
Bond No. 6414722
Effective Date: July 27 , 2006
Bond Amount: $1,000,000.00
Executed by:
, as Principal
and by:
, as Surety
Safeco lnsurance Company of America
in favor of:
(Obligee)
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the Surety hereby
consent to changing:
Add the following permits to be included for work performed under this instrument:
Lake Excavation (Del Webb Parcels 209-2121
EWA Permit #PL2017 0001 1 1 1
PPL Permit #PL20,.7 0000434
Excavation Permit #PL201 70000501
Lake #DW3R, DW3Q, DW4Z, DW 4X and DW4V
This portion of the rider is effective: April26,2017
Change Principal Name:
FROM: Pulte Home CorporationTo: Pulte Home company, LLG, a Michigan limited liability company successor by legal
conversion to Pulte Home Corporation
This portion of the rider is effective: January 1 , 2017
All other terms and conditions remain the same.
Signed and Sealed: April26,2017
Principal:Pulte Home Company, LLC, a Michigan limited liability company successor
by legal conversion to Pulte Home Corporation/DiVosta Homes, L.P.
By:
Principal: D. B ryce Langen, VP & Treasurer
Surety: Sa lnsurance Com pany of America
By:
L,Ri s, Atto rney-rn-Fact
Safeco Insurance Companv of America
To be attached to and form a part of
Pulte Home Corporation/DiVosta Homes, L.P.
16.A.6.b
Packet Pg. 327 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated,
- - Certificate p6.7567581
American Slates lnsurance Company
First National lnsurance Company of America
General lnsurance Company of America
Safeco lnsurance Company of America
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That Amencan Slates lnsurance Company is a mrporation duly organized under lhe laws of the State of lndiana, that First National
lnsurance Company of America, General lnsurance Company of America, and Safeco lnsurance Company of America are corporations duly organized under the laws of the State of
New
Brien
Hampshire (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby nann, conslitute and appoint,
D James Ossowski James J
Kim
all of the city of Atlanta state of GA each individually ifthere be more than one named, its lrue and lawful attorney-in-fact to make, execute, seal, acknowledge
shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WITNESS WHEREOF, lhis Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thglst6this 12th (sy of December 201 6
American States lnsurance Company
First National lnsurance Company of America
General lnsurance Company of America
Safeco Company of America
By:
David M Assistant Secretary
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
Qn tfti5 12th (6y of December , 201 6 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American States lnsurance
Company, First National lnsurance Company of America, General lnsurance Company of America, and Safeco lnsurance Company of America, and that he, as such, being authorized
so to do, execule the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
lN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
co OF PENNSYLVANIA l--' ' il.frlL,By:
Teresa Pastella, Notary Public
Membef, Pennsylvania Association of Notaries
This Power of Attorney is made and execuled pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual
lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:
ARTICLEIV-OFFICERS-Sectionl2.PowerofAttorney. Anyofficerorotheroffcial oftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident,and
Chairman, the President or by the officer or officers granting such power or authority.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
of the company' wherever appearing upon a ce(ified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding uponthe Company with the same force and effect as though manually afiixed.
l, Renee c, Llewellyn, the undersigned, Assistant seqetary, of Arneican states lnsurance
America, and safeco lnsurance company of America do hereby certify that the original power
execuled by said Companies, is in full force and effect and has not been revoked.
Company, First National lnsurance Company of America, General lnsurance Company of
of attomey of which the foregoing is a full, true and conect copy of the power of Attomey
lN TESTIMONY WHEREOF, I have hereunto set my hand and afiixed the seats of said Corprni.. t ir{@6u.y or
POA. FNICA, GICA & SICA
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Teresa Pastella, Notary Public
Upper Merion Twp., Montgomery County
My Commission Expires March 28, 2017
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Packet Pg. 328 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
STATE OF GEORGTA )
couNTY oF FULTON )
ACKNOWLEDGEMENT BY SURETY
)ss.
This record was acknowledged before me on April 26, 2017, by Gregory S. Rives,
Attorney-in-Fact of Safeco Insurance Company of America, who provided to me on the
basis of satisfactory evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand and official seal
, Signature Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17,2018
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Packet Pg. 329 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGTA )
)ss.
couNTY oF FULTON )
This record was acknowledged before me on April 26,2017, by, D. Bryce Langen,
VP & Treasurer of Pulte Home Company, LLC, a Michigan limited liability
company successor by legal conversion to Pulte Home Corporation/DiVosta
Homes, L.P., who appeared before me and is personally known to me.
WITNESS my hand and official seal.
ignature of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
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Packet Pg. 330 Attachment: Bond Basis (24136 : Excavation Bond Release - Ave Maria Overall Pulte Excavation Bond)