Agenda 02/28/2023 Item #16A 9 (The Clerk of Courts to Release a Performance Bond for an Excavation Permit #PL20210003049 at Sonoma Oaks)16.A.9
02/28/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $103,800
which was posted as a guarantee for Excavation Permit Number PL20210003049 for work associated with
Sonoma Oaks.
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 an Excavation Permit
associated with Sonoma Oaks. The As -Built lake cross sections have been received and the lake has been inspected
on January 10, 2023, 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 the Performance Bond in the amount of
$103,800. 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, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.9
02/28/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doe ID: 24424
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $103,800 which was posted as a guaranty for Excavation Permit Number PL20210003049 for work associated
with Sonoma Oaks.
Meeting Date: 02/28/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
01/18/2023 9:25 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
01/18/2023 9:25 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Development Review Brett Rosenblum
Growth Management Department
Engineering & Natural Resources
Growth Management Department
County Attorney's Office
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Manager's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Diane Lynch
Growth Management Department
Jack McKenna
Additional Reviewer
Jaime Cook
Division Director
Derek D. Perry
Level 2 Attorney Review
James C French
Growth Management
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Ed Finn
CMO Completed
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
01/18/2023 9:47 AM
Additional Reviewer Completed
01/18/2023 2:14 PM
Completed 01/19/2023 11:42 AM
Completed 01/20/2023 11:04 AM
Completed 01/24/2023 9:12 AM
Completed 01/27/2023 10:45 AM
Completed 01/29/2023 10:45 PM
Completed 01/30/2023 9:27 AM
Completed 01/30/2023 9:31 AM
01 /31 /2023 7:57 PM
Completed 02/09/2023 8:35 AM
Completed 02/09/2023 4:45 PM
02/28/2023 9:00 AM
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _15_ day of
_December_, 20_21_ between _Pulte Home Company, LLC^ 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. _ PL20210003049_(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
$ 103,800, (?c,'
3. 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.
4. 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.
5. 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.
6. In 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,
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16.A.9.b
the 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 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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 16' day of :2e-e'-er-n he e- , 20A I .
SIGNED IN THE PRESENCE OF:
Sign:
Printed Name
Sign:
Printed Name- - f .
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
pp ved as or d legality.��__�.
Derek D. Perry
Assistant County Attorney
Pulte Home Company, LLC.
By
Mike Hueniken
Vice President v. G.`-�� ✓
Evidence of signing authority attached
hereto as Exhibit "B".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
By:
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
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Bond #0814073
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Conipany, LLC
(hereinafter referred to as Owner") and Harco National. Insurance Company
4200 Six Forks Rd., Raleigh, NC 27609
(NAME OF SURETY)
(ADDRESSITELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of * Dollars ($ 103,800.00 ) 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.
'C)NI:.IIUNi)Itt�i) I'HKI-E'I'IiC)USANI)FICHi'HLINDREDAND00/100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. P1.201900028I 1 and that certain excavation permit 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 completion of the worts and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until
replaced by a new bond in the event of a change of Ownership.
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 shad 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 any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 13r) Ii day of I)eceiuher, 2021
WITNESSES:
rnnLea Name
Christicia Marconi
Pulte Home Company, LLC
(Owner N me and Title if Corporation)
S.
(f o 5. ves, ,4ssistant `Treasurer
Printed Name/Title
(Provide Proper Evidence of Authority)
Evidence of signing authority attached
hereto as Exhibit "B°.
I15•LDS-01664/1153600/1)
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16.A.9.b
C&ORGIA
STATE OF _
COUNTY OF
FU1:1'UN
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
(� PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 13th DAY OF December
2Q 't BY Gregory S. Rives AS OF Yu11e tloene C npany, LI.0 ) WHO IS
_ _
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
GF.0RG1A *Assistant Trsurer
Notary Public - State of ea
SHIRLEY E HUTCHINS (SEAL)
e•�, �1 1 Notary Public - Stale of Georgia
Fulton County
Printed Name Shirley E. Hathcins My Commission Expires Mar 18, 2022
Harco National Insurance Com anV
WITNESSES: (Surety Name and Title if Corporation) . V.
� l�_� ` ',"•1 ids � ♦ -
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Alexa Costello ByJ s I Moore, Attorney -in -Fact <<',e , U' �• + .
Pri ed Name FL License #A183300 ,'r. ��, 01:. ''
Printed Name/Title 81 k11 t,ja,,,4,v"k4b-
Kel3v (Provide Proper Evidence of Authority)'4
Printed Name
ACKNOWLEDGMENT
STATE OF Illinois
COUNTY OF DuPage
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR ❑ ONLINE NQTARIZATIOR THIS 13th DAY OF December
20 21 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)* WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED himself AS IDENTIFICATION.
Notary Public - State of Illinois
Printed Name Alexa Costello
14-EIS-D2650 7
*"James I. Moore
** *Attorney -in -Fact
"***Harco National Insurance Company
M
ALiio OF ILLIMOIS
Nov 19 2071
(SEAL)
(1S•LDS-01664/1153600/II
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POWER OF ATTORNEY Bond# 0814073 16.A.9.b
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
AMY B. WICKETT, DAWN L. MORGAN, KELLY A. GARDNER, JAMES I, MOORE, JENNIFER J. MC COMB, MELISSA
SCHMIDT, STEPHEN T. KAZMER
Downers Grove, IL
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2020
STATE OF NEW JERSEY STATE OF ILLINOIS ,
County of Essex County of Cook
Kenneth Chapman i
Executive Vice President, Harco National Insurance Company l
and International Fidelity Insurance Company i1
.3 s
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t . - fry-M
On this 31 st day of December, 2020 before me came the individual who executed the preceding instrument, to me persD l
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY Wan' d�..
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
++`I1"81" IN TESTIMONY WHEREOF, i have hereunto set my hand affixed my Official Seal, at the City of Newark,
,V A •0Gj`'. New Jersey the day and year first above written.
h .' 4 �OT4q�� .•�L _ /`'�
ly JEvk9 ,� Shirelle A. Outley a Notary Public of New Jersey
WO' My Commission Expires April4, 2023
CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, December 13, 2021
A00313
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Irene Martins, Assistant Secret
16.A.9. b
RIDER
To be attached to and form a part of Bond No. 0814073
Effective: December 13, 2021
Bond Amount: S103,800.00
Executed by: Pulte Home Company, LLC
and by: Harco National Insurance Company
in favor of: Collier County, Florida
as Principal
as Surety
as Obligee
In consideration of the mutual agreements herein contained, the Principal and Surety
hereby consent to correcting the permit number to:
"PL20210003049"
Nothing herein contained shall vary, alter or extend any provision or condition of this
bond except as herein expressly stated.
This rider is effective: December 13, 2021
Signed and Sealed: December 27, 2021
Principal:
Gregory S. Rives
—As'sistant Treasurer
a.; ; •. Surety Harco National Insurance Company
SEAL
B Kelly A Gard r, Attorney -in -Fact
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ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
COUNTY OF FULTON)
This record was acknowledged before me on December 27, 2021,
appeared Gregory S. Rives, Assistant Treasurer, of Pulte Home
Company, LLC, 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 official seal.
Signature/of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fulton County
My Commission Expires Mar 16, 2022
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16.A.9.b
POWER OF ATTORNEY Bond# 0814073
HARCO NATIONAL INSURANCE COMPANY
E`O�L11!<�yJG STATE OF NEW JERSEY STATE OF ILLINOIS
pPFaR/� County of Essex County of Cook
CD SEAL `` T
1904 �a L4—
JET' a� Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of iliinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
AMY B. WICKETT, DAWN L. MORGAN, KELLY A. GARDNER, JAMES I. MOORE, JENNIFER J. MC COMB, MELISSA
SCHMIDT, STEPHEN T. KAZMER
Downers Grove, I L
their true and lawful attorney (s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings. contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply. to all intents and purposes. as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED that (1) the Chief Executive Officer, President, Executive Vice President. Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint. and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians. agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation: and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or reiated thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the originat signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2020
-.0��,tNSlJg4y.,.
4�A°ORS+� :C,,
'_ SEAL
O': 1484ALONO. ';
On this 31 st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
""A"''�. IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, at the City of Newark.
? �� 4 •dGj� New Jersey the day and year first above written.
H f ,QTAR, e
Shlrelle A. Outley a Notary Public of New Jersey +jj1...�
CERTIFICATION My Commission Expires April 4, 2023
1
I. the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies. and that the same are correct transcripts thereof, and of She
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day,December 27, 2021
A00313
Irene Martins, Assistant Secretary
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EXHIBIT "B" E
Signing Authority
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Prepared by and return to:
Scott Clements
Area General Counsel
Pulte Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M.
Clements, who upon being duly sworn, deposes and says:
1. He is over the age of eighteen (1 S) years and has personal knowledge of the facts stated herein.
2. He is Area General Counsel, Vice President, and Assistant Secretary of Pulte Horne Company, LLC, a Michigan
limited liability company (the "LLC'), successor by conversion of Pulte Home Corporation, a Michigan
corporation, which has never been dissolved.
3. The individuals identified below have been duly authorized to execute documents on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017, currently in effect and
attached hereto in pertinent part as Exhibit "A" (the "Signing Powers Resolution"), and such documents, properly
executed by the individuals identified below, on behalf of the LLC are binding upon the LLC:
Peter Keane
Brian Yonaley
Rich McCormick
Anthony L. Schutt
Naomi Robertson
Daniel Bryce Langen
Gregory S. Rives
Michael Woolery
Steven Gust
Glenn Hasenfus
Mike Hueniken
Scott Brooks
Keith Stewart
Joshua Graeve
Wes Copeland
Travis Hucks
Scott Clements
Michael Blake Lapinsky
Craig Russo
Justin Wood
Area President (Florida)
Area Vice President— Finance (Florida)
Division President (Southwest Florida)
Vice President — Operations (Southwest Florida) and
Vice President — Finance (Southwest Florida)
Director — Finance (Southwest Florida)
Vice President — Finance and Treasurer
Assistant Treasurer
Vice President — Land Acquisition (Southwest Florida)
Director — Land Acquisition (Southwest Florida)
Director —Land Acquisition (Southwest Florida)
Vice President — Land Development (Southwest Flodda)
Director — Land Development (Southwest Florida)
Vice Pres#dent — Construction Operations (Southwest Florida)
Vice President — Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Vice President — Purchasing (Southwest Florida)
Director of Product (Florida Zone)
Vice President and Assistant Secretary
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwest Florida) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Additionally and specifically, Naomi Robertson, as Director — Finance; Justin Wood, as General Sales
Manager; Ella Fleming as Division Controller; and Laura Ray, Christicia Marconi, Joann Frazier, Ashley
Sherrill, Maleine Beltran, and Cindi IDiekelmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) contracts for the sale of residential homes or lots to
consumers (not to another business), and (ii) deeds of conveyance and all other documents that are relevant or
incident to the sale and closing of residential homes or lots to consumers (not to another business), including any
mortgage -related documents, such as buydown agreements or other relevant documents, on behalf of the LLC,
and such documents, properly executed by such individuals on behalf of the LLC, are binding upon the LLC.
Further, Daniel Bryce Langen, as Vice President -Finance and Treasurer, and Gregory S. Rives, as Assistant
Treasurer, have been and are duly authorized to execute bonds and any other bond -related documents on behalf
of the LLC, and such documents, properly executed on behalf of the LLC are binding upon the LLC.
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16.A.9.b
The Signing Powers Resolution, Paragraph C., RESOLUTIONS, I-V, VII, and VIII, identifies certain titles in the
Division Specific Signing Power sections, which titles are clarified and shall correspond 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 not constitute improper, incomplete or incorrect
execution and does not affect or limit the authority of the otherwise duly authorized officer in any
way;
B. Division VP/Director of Finance shali mean either a Division -level (i.e., Southwest Florida -level)
Vice President — Finance or a Director of Finance;
C. Division VP/Director of Land Development/Acquisition shall mean either a Division -level (i.e., a
Southwest Florida -level) Vice President — Land Development or Vice President — Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;
D. Division VP/Director of Construction Operations shall also mean either a Division -level (i.e.,
Southwest Florida -level) Vice President — Construction Operations or a Director of Construction
Operations;
E. Division/Pruject Controller shall also mean either Division Controller or Project Controller;
F. Division VP of Sales shall also mean Vice President — Sales.
The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC.
This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689,045, Florida Statutes.
V `
Scott M. Clements
Swam to and subscribed before me by means of X physical presence or _ online notarization this2 day
of 2021, by Scott M. Clements, Area General Counsel, Vice President, and Assistant Secretary of
Pult ome Comp y, LLC, a Michigan limited liability company, on behalf of the LLC, who is personally known to me.
PrinI Nampf kally V. Costantino
Notary IP blic tate of Florida
Commissio o.: GG929396
Commission Expires: 01/23/2024
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6STANTIN0n # GG 929396nuary 23, 2024TroyFaininsurance8�0-.18S70i9
F;%Grolps'SERLegNl CostantirioTorrnswuthontyZViF PHC 372021 (fUtp.doc
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16.A.9.b
EXHIBIT "C' E
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Opinion of Probable Cost
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16.A.9. b
Project Sonoma Oaks
Proj. #: 180015.00.02 Task # 0008
JRWA Calculated BN: UP Date: 2-Nov-21
Checked BY: MCP Date: 2-Nov-21
ENGINEERING
Certificate of Business Certificate No. EB-0007663
Sonoma Oaks
Excavation Performance Guarantee Calculations
Exhibit "E"
Collier Project App Number-PL20190002811
Perfomance Guarantee Requirements (Sec 22-115):
1 Minimum $25,000, maximum $1,000,000
2. Rate of $20 for sand $100 for rock per foot of total lake bank perimeter.
3. Performance Guarantee types: (a) cash bond, (b) irrevocable letter of credit or surety bond
Lake Bank Perimter Rate
Lake Area FT $IFT Sub -Total
1 1,038 $100 $103,800
$0
$0
$0
otal 1,038 1 $103,800
Performance Guarantee Amount S103,8QQ
Michael C Pappas. P.L-. 4609110
RWA, Inc.
6610 Willow Park Drive
Naples, Florida 34109
Phone: 239-597-0575
Fax:239-597-0578
[ 1/2/2021
K,\201W80015 00 02 Sonoma Oaks Parcel l\CS Des,gn, Const Plans & Tech 5ptt \Cyk,,1.t ns1EMu,tt o Permit Bond Cal, pis
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