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Backup Documents 10/25/2022 Item #16A 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE l'rinton pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to Ihr('omit) Attorney Office al the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Count) Altorne) Mice no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or intimation needed. lithe document is already complete with the exception of the Chairman's signature,draw a linc through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date . 2. 3. County Attorney Office County Attorney Office vie -0 9173 4. BCC Office Board of County Commissioners i? 4./ fit /51 7/20/13 5. Minutes and Records Clerk of Court's Office -719423 to ID PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S. Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 10/25/22 Agenda Item Number 16.A.9 Approved by the BCC Type of Document Plat Number of Original Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? LM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. LM 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/25/22 and all changes made during the meeting have been incorporated in the attached document. The County doe Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the CDP Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. the completed rowing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no hrler than.Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#I through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 2. 3. County Attorney Office County Attorney Office O0e 1118 I .3 4. BCC Office Board of County Commissioners �( I f77 , l 7/24/z 3 5. Minutes and Records Clerk of Court's Office (01 ? 20'23 ,v Ibt 19 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lucia S.Martin Phone Number x-2279 Contact/ Department Agenda Date Item was 10/25/22 Agenda Item Number 16.A.9 Approved by the BCC Type of Document Bond,Maintenance Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? LM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. LM 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/25/22 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. U I/ 9. Initials of attorney verifying that the attached document is the version approved by the :4; BCC,all changes directed by the BCC have been made,and the document is ready for the r f Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 6 A9 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS THIS CONSTRUCTION AND MAINTNANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this I a. day of t- , 20 23 between Pulte Home Company hereinafter referred to as "Developer", and Board df County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of a subdivision to be known as: Del Webb Naples Parcels 307-310 B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: within `,'tig, months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$1,304,263.58 which amount represents 10% of the total contract cost to complete the construction plus 100% of the estimated cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. 5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee.After the one-year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or designee to inspect the required improvements. The County Manager or designee shall inspect the improvements and, if found to be still in compliance with the Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or designee to reduce the dollar amount of the subdivision 11/23/2021 Page 1 of 2 l6A9 performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or designee. The County Manager or designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed .)r maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this Va day of Agri 1 , 2C a . SIGNED IN THE PRESENCE OF: (Name of Entity) Pulte Home Company LLC Witness: icti),(_a".4. j`€" See-c'(--"'" Printed Name: /A7 gcert_e< Michael Hueniken, Vice President- Land Development Witness: ,..yoe:// 7Printed Name/Title (President,VP, or CEO) (Provide Proper Evidence of Authority) Printed e: Toe y PoclKt'r ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: lV 61. ut C rChalt an's By: p y _ !tkSt aS to HI.irk LQCas tr•, Chairman Approved as to forrimtia tare Q�1ly. 6 . .op pL.,./...._ Derek Perry Assistant County Attorney 11/23/2021 Page 2 of 2 1 6 A9 EXHIBIT "A" Performance Security 6 A9 PERFORMANCE BOND BOND NO. 30188304 KNOW ALL PERSONS BY THESE PRESENTS:that • Pulte Home Company,LLC �� T (Name of Owner) 24311 Walden Center Dr.,Ste.300 (Address of Owner) Bonita Springs,FL 34134 r ^__ (Address of Owner) (Hereinafter referred to a"Owner") and The Continental Insurance Company (Name of Surety) 801 Warrenville Road _______ (Address of Surety) Lisle, IL 60532 (Address of Surety) 630-468-5600 V (Telephone Number) (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 x,_, Dollars ($ 1,304,263.58 ) 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 of a certain subdivision plat named Del Webb Naples Parcel 307-310 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the"Guaranty Period"). 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 **ONE MILLION THREE HUNDRED FOUR THOUSAND TWO HUNDRED SIXTY THREE AND 58/100 DOLLARS 1 6 A9 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 19th day of April / 2023 / . IESSES: ( �,_� (Owner Name Ind Title if Corporation) Pulte Home Company,LLC OL- ;4-- ,__. .. 'r- , By:_.,.-- Printed Nam Print$dName/ itle Gregory S. Rives,Assistant Treasurer 4/al A .f<r . g ry ...-1....„.tpcS (Provide Proper Evidence of Authority) Printed Name D% e'>._ —2 wvi ACKNOWLEDGEMENT STATE OF Georgia COUNTY OF Cobb THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF El PHYSICAL PRESENCE OR 0 ONLINE NOTARIZATION THIS DAY OF 19th /April / 20 23 , by Gregory S. Rives (NAME OF ACKNOWLEDGER) AS Assistant Treasurer (TITLE) OF Pulte Home Company,LLC (NAME OF COMPANY) WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED personally known AS IDENTIFICATION. Notary Public-State of Georgia — — — — +��►�►ea► (SEAL) 6 T JESSICA MASK tl 1 Notary Public-State of Georgia 4 Cobb County tV1 y Commission Expires Feb 21, 2026 Printeditame ‘ '. Jessieca Mask .-` ' . s +, WITNESSES: (Surety Name and Title if Corporation) The Continental Insurance Company By: ( >c, vua_-) '-irf V&A Printed Name Printed Name/Title James I. Moore,Attorney-in-Fact FL License No. A183300 (Provide Proper Evidence of Authority) A Printed Name Kel A. G dner, Secretary a 6 A9 STATE OF ILLINOIS } COUNTY OF DU PAGE) On April 19, 2023, before me,Alexa Costello,a Notary Public in and for said County and State, duly commissioned and sworn,personally appeared,James I. Moore,known to me to be Attorney-in-Fact of The Continental Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires November 19, 2023 Alexa Costello,Notary Public Commission No. 904586 OFFICIAL SEAL Alexa Costello NOTARY PUBLIC,STATE OF ILLINOIS My Cv'mnissian Expires Nov 10,2023 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT 9 Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint James I Moore, Stephen T Kazmer, Dawn L Morgan,Melissa Schmidt,Amy Wickett, Kelly A Gardner,Jennifer J Mc Comb,Tariese M Pisciotto,Diane M Rubright,Martin Moss,Individually of Downers Grove,IL,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day of June,2021. ....,•. . The Continental Insurance Company :Z '•4 ,ee 41, O: �•�•'• ••••. Paul T.Bruflat ice President State of South Dakota,County of Minnehaha,ss: On this 20th day of June,2021,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. r ~M.BENT~~ NOTARUTHDY PUBLICTA8EM"i i EnL SOAKO l gltrit,t.. My Commission Expires March 2,2026 M.Bent Notary Public CERTIFICATE I,D.Johnson,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this 19th day of April,2023 .j,1NSpk•• The Continental Insurance Company , muff Z . • ,ie 4 O: D.Johnson Assistant Secretary Form F6850-4/2012 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. 1 6 10 4. 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 shall 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/Prujecl Controller shall also mean either Division Controller or Project Controller; F. Division VP of Sales shall also mean Vice President—Sales. 5. The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC. 6. 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. .,/ e-dsVrkt C-4 S Scott M.Clements Sworn to and subscribed before me by means of X physical presence or_online notarization this day of r 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. Prin( v . Nam . Ily V.Costantino Notary P blic, tate of Florida Commissiorifto.: GG929396 Commission Expires:01/23/2024 • •,," KELLY V.COSTANTINO '. .�.Commission#GG 929396 ,, .:—..^�: Expires January.23,2024 fi° ir`P, Bonded Thal Troy Fain Insurance 800-385404 F.\Groups\3ERLegal\Costantino\FormstAuthoritylSWF PHC 012C21(fully.doc 16 A9 EXHIBIT " B" Signing Authority 6 A 9 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(18)years and has personal knowledge of the facts stated herein. 2. I-le is Area General Counsel,Vice President,and Assistant Secretary of Pulte Home 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 Area President(Florida) Brian Yonaley Area Vice President—Finance(Florida) Rich McCormick Division President(Southwest Florida) Anthony L.Schutt Vice President—Operations(Southwest Florida)and Vice President—Finance(Southwest Florida) Naomi Robertson Director—Finance(Southwest Florida) Daniel Bryce Langen Vice President—Finance and Treasurer Gregory S. Rives Assistant Treasurer Michael Woolery Vice President—Land Acquisition(Southwest Florida) Steven Gust Director—Land Acquisition(Southwest Florida) Glenn Hasenfus Director—Land Acquisition (Southwest Florida) Mike Hueniken Vice President—Land Development(Southwest Florida) Scott Brooks Director—Land Development(Southwest Florida) Keith Stewart Vice President—Construction Operations(Southwest Florida) Joshua Graeve Vice President—Sales(Southwest Florida);and Assistant Secretary(North Florida,West Florida,Southeast Florida,and Southwest Florida) Wes Copeland Vice President—Purchasing(Southwest Florida) Travis Hucks Director of Product(Florida Zone) Scott Clements Vice President and Assistant Secretary Michael Blake Lapinsky Assistant Secretary(North Florida,West Florida,Southeast Florida, and Southwest Florida) Craig Russo Assistant Secretary(North Florida,West Florida,Southeast Florida, and Southwest Florida) Justin Wood 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, Chrlsticia Marconi, Joann Frazier, Ashley Sherrill, Maleine Beltran, and Cindi Diekelmann, 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. F:1Groups1SERLegal\Costantino\FormslAuthority\SWF PHC 012021(full).dac 6 A9 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company at a meeting held on May 10, 1995. "RESOLVED: That any Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution becoming effective. This Power of Attorney is signed by Paul T.Bruflat,Vice President,who has been authorized pursuant to the above resolution to execution power of attorneys on behalf of The Continental Insurance Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012. "Whereas,the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers(the"Authorized Officers")to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time,the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively, "Electronic Signatures"),Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." 1 6 A9 EXHIBIT "C" Opinion of Probable Cost 1 6 A9 Del Webb Parcels 307-310 PPL Engineers Opinion of Probable Cost Phase A Phase B Phase C Phase D Total Paving $143,522.00 $143,779.00 $145,662.00 $103,502.50 $536,465.50 Drainage $98,990.00 $86,785.00 $75,570.00 $105,430.00 $366,775.00 Earthwork $3,716.33 $2,005.28 $3,159.39 $2,372.67 $11,253.67 Lighting $13,200.00 $13,200.00 $19,800.00 $16,500.00 $62,700.00 Landscaping $46,500.00 $46,500.00 $63,000.00 $52,500.00 $208,500.00 Sub-Total $305,928.33 $292,269.28 $307,191.39 $280,305.17 $1,185,694.17 10%O&M $30,592.83 $29,226.93 $30,719.14 $28,030.52 $118,569.42 Total $336,521.17 $321,496.21 $337,910.53 $308,335.68 $1,304,263.58 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting and bonding purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document.Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. \, _d./ 5)Does riot ` include enhanced landscape or hardscape features 11yy 7S �• �(\��rYY a' ' No8c:x. it.r: r * Ni • s J.Kast Az0 �Y cws byte..... ��V�w* YYi woNAL�C.y,' 1 6 A9 Del Webb Parcels 307-310 PPL PHASE A 1 6 A9 Del Webb 307-310- (Phase A) PPL Engineers Opinion of Probable Cost Paving $143,522.00 Drainage $98,990.00 Earthwork $3,716.33 Lighting $13,200.00 Landscaping $46,500.00 Sub-Total $305,928.33 10%Contingency $30,592.83 Total! S336,521.17 Notes: 1)This Opinion of Probable Cost(OPC)'shall be used for permitting and bonding purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. 5)Does not include enhanced landscape or hardscape features Nikolaus J.Kasten,P.E. FL Registration#88638 COA#8636 Date 16A9 PAVING(PHASE A) tion Estimated Item Description Unit Unit Price Amount Quantity GLORY ROAD P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 2,874 SY $6.00 $17,244.00 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 2,874 SY $6.00 $17,244.00 P-3 6"Limerock Base 2,874 SY $9.00 $25,866.00 P-4 12"Stabilized Subgrade 3,722 SY $2.50 $9,305.00 P-5 Valley Gutter 2,259 LF $11.00 $24,849.00 P-6 Type"A"Curb 200 LF $12.00 $2,400.00 P-7 Type"F"Curb 82 LF $13.00 $1,066.00 P-8 5'Concrete Sidewalk 1,314 SY $32.00 $42,048.00 P-9 Signing and Marking i LS $3,500.00 $3,500.00 TOTAL= $143,522.00 16A9 DRAINAGE(PHASE A) Estimated Item Description Unit Unit Price Amount Quantity GLORY ROAD D-1 18"RCP 39 LF $40.00 $1,560.00 D-2 24" RCP 195 LF $55.00 $10,725.00 D-3 36" RCP 574 LF $95.00 $54,530.00 D-4 24" Flared End 1 EA $2,275.00 $2,275.00 D-5 36" Flared End 4 EA $3,475.00 $13,900.00 D-6 Valley Gutter Inlet 4 EA $4,000.00 $16,000.00 TOTAL= $98,990.00 16A9 EARTHWORK(PHASE A) Estimated Item Description Unit Unit Price Amount Quantity GLORY ROAD E-1 2'Silt Fence(Single Row) 2,007 LF $1.50 $3,010.50 E-2 Sod(1'off BOC) 282 SY $2.50 $705.83 TOTAL= $3,716.33 6 A9 LIGHTING(PHASE A) Item Description Estimated Unit Unit Price Amount Quantity GLORY ROAD L-1 Lighting 4 EA $3,300.00 $13,200.00 TOTAL= $13,200.00 1 6 A9 LANDSCAPING(PHASE A) Estimated Item Description Unit Unit Price Amount Quantity GLORY ROAD LA-1 Code Minimum Landscaping 1 LS $46,500.00 $46,500.00 TOTAL= $46,500.00 1 6 A9 Del Webb Parcels 307-310 PPL PHASE B 16A9 Del Webb Parcels 307-310- (Phase B) PPL Engineers Opinion of Probable Cost Paving $143,779.00 Drainage $86,785.00 Earthwork $2,005.28 Lighting $13,200.00 Landscaping $46,500.00 Sub-Total $292,269.28 10%Contingency $29,226.93 Total) $321,496.21 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting and bonding purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. 5)Does not include enhanced landscape or hardscape features Nikolaus J.Kasten,P.E. FL Registration#88638 COA#8636 Date 1 6 A9 PAVING(PHASE B) Estimated Item Description Unit Unit Price Amount Quantity PATRIOT LANE P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 2,792 SY $6.00 $16,752.00 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 2,792 SY $6.00 $16,752.00 P-3 6" Limerock Base 2,792 SY $9.00 $25,128.00 P-4 12"Stabilized Subgrade 3,616 SY $2.50 $9,040.00 P-5 Valley Gutter 2,158 LF $13.00 $28,054.00 P-6 Type"A"Curb 200 LF $12.00 $2,400.00 P-7 Type"F"Curb 109 LF $13.00 $1,417.00 P-8 5'Concrete Sidewalk 1,273 SY $32.00 $40,736.00 P-9 Signing and Marking 1 LS $3,500.00 $3,500.00 TOTAL= $143,779.00 I 6 A9 DRAINAGE(PHASE B) Estimated Item Description Unit Unit Price Amount Quantity PATRIOT LANE D-1 18"RCP 22 LF $40.00 $880.00 D-2 24"RCP 192 LF $55.00 $10,560.00 D-3 36" RCP 491 LF $95.00 $46,645.00 D-4 24"Flared End 1 EA $2,275.00 $2,275.00 D-5 36"Flared End 3 EA $3,475.00 $10,425.00 D-6 Valley Gutter Inlet 4 EA $4,000.00 $16,000.00 TOTAL= $86,785.00 i6A9 EARTHWORK(PHASE B) Item Description Estimated Unit Unit Price Amount Quantity PATRIOT LANE E-1 2'Silt Fence(Single Row) 880 LF $1.50 $1,320.00 E-2 Sod(1'off BOC) 274 SY $2.50 $685.28 TOTAL= $2,005.28 6 Au LIGHTING(PHASE B) Estimated Item Description Unit Unit Price Amount Quantity PATRIOT LANE L-1 Lighting 4 EA $3,300.00 $13,200.00 TOTAL= $13,200.00 1 6 A9 LANDSCAPING(PHASE B) Estimated Item Description Unit Unit Price Amount Quantity PATRIOT LANE LA-1 Code Minimum Landscaping 1 LS $46,500.00 $46,500.00 TOTAL= $46,500.00 Del Webb Parcels 307-310 1 6 A9 PPL PHASE C i 6 A9 Del Webb Parcels 307-310- (Phase C) PPL Engineers Opinion of Probable Cost Paving $145,662.00 Drainage $75,570.00 Earthwork $3,159.39 Lighting $19,800.00 Landscaping $63,000.00 Sub-Total $307,191.39 10%Contingency $30,719.14 Total) $337,910.53 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting and bonding purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. 5)Does not include enhanced landscape or hardscape features Nikolaus J.Kasten,P.E. FL Registration#88638 COA#8636 Date A Estimated Item Description Unit Unit Price Amount Quantity VAN BUREN COURT P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 2,891 SY $6.00 $17,346.00 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 2,891 SY $6.00 $17,346.00 P-3 6" Limerock Base 2,891 SY $9.00 $26,019.00 P-4 12"Stabilized Subgrade 3,744 SY $2.50 $9,360.00 P-5 Valley Gutter 2,355 LF $11.00 $25,905.00 P-6 Type"A"Curb" 200 LF $12.00 $2,400.00 P-7 Type"F"Curb 114 LF $13.00 $1,482.00 P-8 5'Concrete Sidewalk 1,322 SY $32.00 $42,304.00 P-9 Signing and Marking 1 LS $3,500.00 $3,500.00 TOTAL= $145,662.00 1 6 A9 DRAINAGE(PHASE C) Estimated Item Description Unit Unit Price Amount Quantity VAN BUREN COURT D-1 18"RCP 27 LF $40.00 $1,080.00 D-2 24"RCP 191 LF $55.00 $10,505.00 D-3 36"RCP 408 LF $95.00 $38,760.00 D-4 24"Flared End 1 EA $2,275.00 $2,275.00 D-5 36"Flared End 2 EA $3,475.00 $6,950.00 D-6 Valley Gutter Inlet 4 EA $4,000.00 $16,000.00 TOTAL= $75,570.00 1 6 A9 EARTHWORK(PHASE C) Estimated Item Description Unit Unit Price Amount Quantity VAN BUREN COURT E-1 2'Silt Fence(Single Row) 1,612 LF $1.50 $2,418.00 E-2 Sod(1'off BOC) 297 SY $2.50 $741.39 TOTAL= $3,159.39 16 A9 LIGHTING(PHASE C) Estimated Item Description Unit Unit Price Amount Quantity VAN BUREN COURT L-1 Lighting 6 EA $3,300.00 $19,800.00 TOTAL= $19,800.00 1 6 A9 LANDSCAPING(PHASE C) Estimated Item Description Unit Unit Price Amount Quantity VAN BUREN COURT LA-1 Code Minimum Landscaping 1 LS $63,000.00 $63,000.00 TOTAL= $63,000.00 1 6 A9 Del Webb Parcels 307-310 PPL PHASE D 6 A9 Del Webb Parcels 307-310- (Phase D) PPL Engineers Opinion of Probable Cost Paving $103,502.50 Drainage $105,430.00 Earthwork $2,372.67 Lighting $16,500.00 Landscaping $52,500.00 Sub-Total $280,305.17 10%Contingency $28,030.52 Total) $308,335.68 Notes: 1)This Opinion of Probable Cost(OPC)shall be used for permitting and bonding purposes only. 2)This OPC is based on the engineer's understanding of the current rules,regulations,ordinances,and construction costs in effect on the date of this document. Interpretations of these construction costs may affect this OPC,and may require adjustments to delete,decrease,or increase portions of this OPC. 3)All costs provided in this OPC are based on recent contract prices,or the engineer's latest known unit costs.Unit prices are subject to change due to unpredictable and uncontrollable increases in the cost of concrete,petroleum,or the availability of materials and labor. 4)Does not include permit fees or soft costs. 5)Does not include enhanced landscape or hardscape features Nikolaus J.Kasten,P.E. FL Registration#88638 COA#8636 Date t6A9 PAVING(PHASE D) Estimated Item Description Unit Unit Price Amount Quantity BOURBON TRAIL P-1 3/4"Asphaltic Concrete(Type S-III)First Lift 1,994 SY $6.00 $11,964.00 P-2 3/4"Asphaltic Concrete(Type S-III)Second Lift 1,994 SY $6.00 $11,964.00 P-3 6"Limerock Base 1,994 SY $9.00 $17,946.00 P-4 12"Stabilized Subgrade 2,583 SY $2.50 $6,457.50 P-5 Valley Gutter 1,797 LF $11.00 $19,767.00 P-6 5'Concrete Sidewalk 997 SY $32.00 $31,904.00 P-7 Signing and Marking 1 LS $3,500.00 $3,500.00 TOTAL= $103,502.50 1 6 A9 DRAINAGE(PHASE 0) tion Estimated Item Description Unit Unit Price Amount Quantity BOURBON TRAIL D-1 24"RCP 234 LF $55.00 $12,870.00 D-2 36"RCP 410 LF $95.00 $38,950.00 D-3 42"RCP 157 LF $105.00 $16,485.00 D-4 24"Flared End 1 EA $2,275.00 $2,275.00 D-5 36"Flared End 2 EA $3,475.00 $6,950.00 D-6 42"Flared End 1 EA $3,900.00 $3,900.00 D-7 Valley Gutter Inlet 4 EA $4,000.00 $16,000.00 D-8 Control Structure,Complete 1 EA $8,000.00 $8,000.00 TOTAL= $105,430.00 I 6 A9 EARTHWORK(PHASE D) Estimated Item Description Unit Unit Price Amount Quantity BOURBON TRAIL E-1 2'Silt Fence(Single Row) 1,249 LF $1.50 $1,873.50 E-2 Sod(1'off BOC) 200 SY $2.50 $499.17 TOTAL= $2,372.67 16A9 LIGHTING(PHASE 0) tion Estimated Item Description Unit Unit Price Amount Quantity BOURBON TRAIL L-1 Lighting 5 EA $3,300.00 $16,500.00 TOTAL= $16,500.00 i6 A9 LANDSCAPING(PHASE D) Estimated Item Description Unit Unit Price Amount Quantity BOURBON TRAIL LA-1 Code Minimum Landscaping 1 LS $52,500.00 $52,500.00 TOTAL= $52,500.00