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Agenda 03/14/2023 Item #16A 5 (Release a security which was posted as a development guarantee)16.A.5 03/14/2023 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $28,080 which was posted as a guarantee for Excavation Permit Number PL20210002323 for work associated with Soluna. OBJECTIVE: To release a 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 Soluna. The As -Built lake cross sections have been received and the lake was inspected on January 30, 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 $28,080. 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) Packet Pg. 348 16.A.5 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doe ID: 24542 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $28,080 which was posted as a guaranty for Excavation Permit Number PL20210002323 for work associated with Soluna. Meeting Date: 03/14/2023 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 01/31/2023 10:30 AM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 01/31/2023 10:30 AM Approved By: Review: Corporate Business Operations Kenneth Kovensky Additional Reviewer Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Diane Lynch Growth Management Department Growth Management Development Review Brett Rosenblum Growth Management Department Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office County Manager's Office Board of County Commissioners Jaime Cook Division Director James C French Growth Management Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Ed Finn CMO Completed Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 0 1 /31/2023 10:59 AM Completed 02/01/2023 7:29 AM Completed 02/02/2023 1:27 PM Additional Reviewer Completed 02/02/2023 4:26 PM Completed 02/10/2023 10:40 AM Completed 02/10/2023 6:16 PM Completed 03/02/2023 9:01 AM Completed 03/02/2023 9:39 AM Completed 03/02/2023 1:18 PM Completed 03/02/2023 6:53 PM 03/05/2023 6:27 PM Completed 03/06/2023 1:51 PM 03/14/2023 9:00 AM Packet Pg. 349 16.A.5.a SOLUNA REPLAT MEN E 4.rydy w, RV R--" Gcnn s L&rdWV C" PROJECT LOCATII T," Fr 0.1 - PC 4 e.6" tip 6rr�ry ev x 1 l LOCATION MAP a Packet Pg. 350 16.A.5. b EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of 204 between _ , j !, 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: PL20210002323 (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"). 2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 28,080.00. 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. 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 tail 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 security, shall be liable to pay and to indemnify the Board, upon completion of such Packet Pg. 351 16.A.5.b 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. 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 cau ed this Agreement to be executed by their duly authorized representatives this 16A day of I' Ve M loe-i' 20 7-1 . SIGNED IN THE PRESENCE OF: Sign: 'iy/ ._✓v� Printed Name Sign: CQ,wt Justin Robbins as Division President of D.R. �,.�. Horton, Inc. cAty"wt A Fy %+z Evidence of signing authority attached Printed Name hereto as Exhibit,'' . ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By hwat--�2 — --- Crystal K. Kinzel, CLERK _ JHrne Cook. Director Development Review Division as designee of the County Manager pursuant to Resolution No. 2015-t62 By: Clcrk of the Circuit Court & Comptroller C011iaf County, Florida oved as o for and legality: erek D. Perry Assistant County Attorney Packet Pg. 352 16.A.5. b EXHIBIT "A" Bond No. US00105287SU21A PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton. Inc. 10541 Six Mile Cypress Pkwy., Fort Myers, FL 34112 (hereinafter referred to as "Owner") and XL Specialty Insurance Company 70 Seaview Avenue, Stamford, CT 06902 (203) 964-5200 (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 Twenty Eight Thousand Eighty and 00/100 Dollars ($28,080.00) 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 has submitted for approval by the Board a certain excavation permit no. PL20210002323 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 work 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 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 any character whatsoever IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 11th day of November, 2021. WITNESSES- D.R. H , In By Printed Name JvSh�t2dob+ns, i -� Printed Name/Title L�t' . rrrJL✓:�r�, ICt (Provide Proper Evidence of Authority) 115-LDS-01664/1153600/11 Packet Pg. 353 16.A.5.b Printed Name ACKNOWLEDGEMENT STATE OF F\Q,.r1d0- COUNTY OF kDO, THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS jk�DAY OF LJ�LMW ', 20 Y -3w. Rcs � AS J.P. OF :V� WHO IS PERSONALLY KN�_ OWN TO ME, OR HAS PRODUCED AS IDENTIFICAI ION, Notary Public - State of VANESSA BOND bass L�Notary Pupae of Florida i!////rrr►,'(,i�� �`�r._,,=`j/� - Commis3 o WH 166269 Printed Name �a��� My Commission Expires August 16, 2025 WITNESSES: onat an ea�Witness Printed Name annoy W61pert,fitness Printed Name STATE OF Connecticut COUNTY OF Hartford XL Specialty Insurance Company 0 Gentry Stewart, Attorney -in -Fact. Printed Name/Title �.�"',� (Provide Proper Evidence of Authority}-'-a•�••••• ACKNOWLEDGMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF ® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 11thDAY OF November 20 21 BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. Notary Public - State of Connecticut '`t�i�Irr1rFrf/y Timothy S. Huffman, Notary Public ta3 `ID, Printed Name ia-eis-ozhsnn TIMOTHY Si'. ' W " NOTARY PL*JC =`CT M' MY Commission frea° [15-LDS-01664/1153600/11 (SEAL) Packet Pg. 354 16.A.5. b .jocuoign tnvelope lu. +z441 iti r iu-quo i-+�tsra-o� is tsr�otno Power of Attorney XL Specialty Insurance Company THIS IS NOT A BOND NUMBER XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY AMA XL1615470 KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with 01 located at SOS Eagleyiew Blvd., LKIOn, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Aw %e, Starnfold, CT 06902, , do hereby nominate, constii and appoint, Joshua Saniftnd, Michelle Anne McMahon, Aimee Perondine, Nicholas Turecamo, Janee Wright, Alexis Apostalydis, Brendan Matcher, Cassandra Baeur, Jacqueline Sumo, Kortoryn Pryor, Rebecca Josephson, Eric Strba, Bryan Caneschi Jen niter Gail Godere, Amanda Prerina Oil age/a Gentry Stewart each its t•ue and 'awful ACorney(s)-.n-fact to make, execute, attest, seal aria delver for and on :ts behalf, as surety, and as '4 arts An6 deed, where required, any and ail bonds and undertakings in the nature thereof, for the penal sum of no one of who 4 irtay y� tgye�: -:o exceed $100,000,000.00. Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - In - Fact shall be binding upon eaeft said Corrparry azs` fully and to the same extent as if such bonds and undertakings were sigred by the President and Secretary of the 0 • anee- �raied' with its corporate seal. _ The Power of Attorney is granted and is signed by facsimile under and by the authority of the Fallowing Resolutions adopted tf:c: Board RV y L Of Directors of each of the Companies an the 26th day of July 2017. Aiii RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Baal and Kevin Mirsch are nereby appointed by the Board. as -A to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest the executior of any such bonds, urdertakings, contracts or obligations in surety or cc -surety and attach thereto the corporate $ or the Company, RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duha•t, Gregory Baal and Kevin Mirsch each is hereby authorized to execute powers of attorney qualifying the attorney named it the given power of attorney to execute, on behal of the Company, bongs and undertakings in surety or co -surety witn others, are that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby author zed to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Compary. RESOLVED, FURTHER, that the signature of such officers named in the preceding resoir.tions and the corporate seal of the Company may be affixed to such powers of attorney or to any certficate relating thereto by facsir iie, and any such power of attorney or certificate bearing such fads mile signatures or fars+mile seal shall be thereafter valA and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or to -surety with others to wril it is attached - IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this August 31st, 2021. w..,w XL SPECIALTY INSURANCE COMPANY {i SU ttdR4", 13. co ONO .SEAL Gregory Baal, VICE PRESIDENT STATE OF PENNSYLVANIA , A • - Attest: COUNTY OFCHESTER Kevin M. Mrrsch, ASSISTANT SECRETARY On this 31sr day of Ar,gust, 2021, before me personally darn Gregory Boal to me known, who, being duly sworn, did depose and say that he is Vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; ;hat he knows the seals of said Companies; that the seats affixed to the aforesaid instrument is such corporate seals and were affixed thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like order. Commonwealth of Pennsyfvill • Notary awl S. Grace Ffeed•Brown, Notary public Chester County My cornmlesian expires Merck 5, 2022 Comtnlaslon number 1322012 SB0042 Page ' of 2 S. Grace Freed -&awn, %01ARY PUBLIC R i O N d to M _d C O m C O a+ M M V x W LV CT LO N (t1 m C O m C d t V r+ r+ a Packet Pg. 355 JOCualgn trivelope lu: 4r941 iipo-e f iu- 4ua 1-At7t o-ov It_.[Jr1.5tb5 16.A.5. b STATE OF PENNSYLVANIA COUNTY OF CHESTER 1, Kevin M. Mxsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that 1 have compared same with the original and that it is a correct vanscrpt therefrom and of the whale of the original and that the sad Power of Attorney is sdN in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my 'rand and affixed the seal of said Corporaton, at the City of Exton, this day of Kevin M. Mosrh, ASSISTANT SECRETARY XL REINSURANCE AMERICA INC. 'vas caused tS corporate seal to W hereunto a axed, and these presents to ore officers this 31st day of August, 2021.. XL REINSURANCE AMERICA INC. Gregory B", VICE PRESIDENT Attest: r n Kevin M_ Wrsrh, ASSISTANT SECRETARY STATE OF PENNSYLVANIA COUNTY OF CHESTER On this 31st day of August, 2021, before me personalty came Gregory Goal to me known, who, being duty sworn, did depose and say that he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed the above instrument; that he knows the seat of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seat and was affixed thereto by order and authority of the Board of Directors of said Corporation, and 1,at he executed the said instrument by like ordef. Comw4i weallh of Perinsyttfehia - Notery R&W 5. Grace Freed -&own, Notary Public ChesterCounty Troy comm4i s n exp►res March 5, 2022 Comilrilaoion number 1322812 Mwir"?, IWena`lflvartla/l"ftauon of Notarloa S. Grace Freed -grown, NOTARY PU&.IC STATE OF PENNSYLVANIA COUNTY OF CHESTER 1, Kevin M. Mvs&, Assistant Secretary cf XL REINSURANCE AMERICA INC- a corporation of the State of New York, do hereby certify that the person who executed this Power of Attorneyr with the rights, respectively of XL REINSURANCE AMERICA INC., do hereby certify that the above and forgoing is a ful, true and correct copy of a mower of Attorney issued by said Corporation, and that I Niue compared same with the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney Is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I nave heret nto set my nand and affixed the seat of said Corporation, at the City of Exton, this day of .£AL Kevin M. Mirsch, ASSISTANT SECRETARY This Power of Attorney may not be used to execute any bond with an inception date after 8/31/2023 SBOO42 Page 2 of 2 Packet Pg. 356 16.A.5. b EXHIBIT "B" CERTIFICATE OF SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Secretary of D.R. Horton, Inc., a Delaware corporation (the "Company'), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy of resolutions related to the subject matter as adopted by the Consent of the Executive Committee of the Board of Directors of the Company dated January 30, 2019 (the "Resolutions'). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and Division President WHEREAS, effective August 25, 2016, Justin A. Robbins was duly elected to the office of Assistant Secretary of the Company in the Company's Southwest Florida Division; WHEREAS, Justin A. Robbins has been promoted to the position of Division President of the Company's Southwest Florida Division; and WHEREAS, it is now desirable to elect Justin A. Robbins as a Vice President of the Company and Division President of the Company's Southwest Florida Division. NOW, THEREFORE, BE IT RESOLVED, that Justin A. Robbins is hereby elected to the office of Vice President of the Company and Division President (the "Division President') of the Company's Southwest Florida Division (the "Division'), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities'), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "proving Officers'), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without Packet Pg. 357 16.A.5.b limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and (iii) to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities' business, the Division President is hereby authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) contracts, agreements, deeds, closing statements and other documents and instruments for the sale, transfer and/or conveyance of mineral rights, groundwater and other water rights owned, leased or controlled by any of the Entities to DRH Energy, Inc., an affiliate of the Entities, (iii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (iv) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver any and all documents and instruments, necessary to sell and convey title to single-family and multi -family homes. RESOLVED FURTHER, that, effective as of the date hereof, the Justin A. Robbins is hereby removed from the office of Assistant Secretary of the Company. RESOLVED FURTHER, that effective as of the date hereof, the authority hereby granted to the Division President supersedes authority previously granted by Written Consent of Executive Committee of the Board of Directors to the Division President. IN WITNESS WHEREOF, the undersigned has signed on the 12t'day of February, 2019. 40waa_ g mik" Thomas B. Montano Secretary U:VTEWAL'RM iMDH1\19Feb 12-COS4.wpd 2 Packet Pg. 358 16.A.5.b CERTIFICATE OF SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Secretary of DRHI, Inc., a Delaware corporation (the "Company'), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is atrue, correct and complete copy of resolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 30, 2019 (the "Resolutions'). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Election of Vice President and Division President RESOLVED, that Justin A. Robbins is hereby elected to the office of Vice President of the Company and Division President (the "Division President') of the Company's Southwest Florida Division (the "Division'), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner, manager or agent, and (C) any limited liability company of which the Company is a member, manager or agent (collectively the "Entities'), (i) subject to written approval by any one of the following officers of the Company: (a) Chairman of the Board, (b) President, (c) Senior Executive Vice President, (d) Executive Vice President or (e) the Region President of the Division (the "Approving• D rcers'), to execute and deliver contracts, agreements and other documents and instruments (other than promissory notes) for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations ofthe Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and (iii) to execute and deliver model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities' business, the Division President is hereby authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver (i) Packet Pg. 359 16.A.5. b contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii) contracts, agreements, deeds, closing statements and other documents and instruments for the sale, transfer and/or conveyance of mineral rights, groundwater and other water rights owned, leased or controlled by any of the Entities to DRH Energy, Inc., an affiliate of the Entities, (iii) home sales contracts, sales person employment agreements and similar or equivalent agreements, documents or instruments and (iv) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER, that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Entities in the Division, to execute and deliver any and all documents and instruments, necessary to sell and convey title to single-family and multi -family homes. IN WITNESS WHEREOF, the undersigned has signed on the 12" day of February, 2019. Thomas B. Montano Secretary u: V1'EWAL7 0&MRHB 19Fe612-COS.wpd 2 Packet Pg. 360 11122121, 7 03 AM Detail by Entity Name 16.A.5. b DIVISION OF CORPORATIONS 11, ��;'�'f f J! l.� f_epartment of Stato 1 Division of Corporations / Search Records / _ e r h by Entity Name I Detail by Entity Name Foreign Profit Corporation D. R. HORTON, INC. Fig Information Document Number P36059 FEIIEIN Number 75-2386963 Date Filed 10/24/1991 State DE Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/23/2002 Event Effective Date 01/01/2003 Principal Address 1341 HORTON CIRCLE ARLINGTON, TX 76011 Changed: 04/20/2019 Mailing Address 1341 HORTON CIRCLE ARLINGTON, TX 76011 Changed: 04/2012019 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 02/24/1992 Address Changed: 02/24/1992 Offi cer/D !rector Detail Name & Address Title VP & RP ROMANOWSKI, PAUL J. https://sea rch.sunbiz.orglInquiry/Corporation5earch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOI Packet Pg. 361 11122121, 7:03 AM Detail by Entity Name 4042 Park Oaks Blvd. Suite 200 Tampa, FL 33610 Title VP & DP Roca, Rafael J. 6123 Lyons Road Suite 100 Coconut Creek, FL 33073 Title VP & DP Robbins, Justin A. 10541 Ben C Pratt Six Mile Cypress Pkwy Fort Myers, FL 33966 Title EVP & CFO Wheat, Bill W. 1341 HORTON CIRCLE ARLINGTON, TX 76011 Title Director & Chairman Horton, Donald R. 1341 HORTON CIRCLE ARLINGTON, TX 76011 Title VP, Secretary Montano, Thomas B. 1341 HORTON CIRCLE ARLINGTON, TX 76011 Title President, CEO Auld, David V. 1341 HORTON CIRCLE ARLINGTON, TX 76011 Title EVP, COO Murray, Michael J. 1341 HORTON CIRCLE ARLINGTON, TX 76011 Title Director Allen, Barbara K. 1341 HORTON CIRCLE ARLINGTON. TX 76011 a https://search.sunbiz.org/InquirylCorporationSearchiSearchResultDetaiI?inquiry,type=ErtityName&directionType=Initial&searchNameOr Packet Pg. 362