Agenda 10/24/2023 Item #16A4 (Meadowood - PL20180003143)10/24/2023
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements and acceptance of the plat dedications for the final plat of Meadowood, Application Number
PL20180003143, and authorize the release of the maintenance security in the amount of $612,177.
OBJECTIVE: To have the Board of County Commissioners (Board) accept final approval of the infrastructure
improvements associated with the subdivision, accept the plat dedications, and release the maintenance security.
CONSIDERATIONS:
1) On March 8, 2021, the Growth Management Department granted preliminary site acceptance of the
roadway and drainage improvements in Meadowood.
2) The project’s property owner’s association will maintain the roadway and drainage improvements.
3) The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on September 11, 2023, and recommends
final acceptance.
4) A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office.
The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the
resolution is attached.
FISCAL IMPACT: The project's homeowner’s association will maintain the roadway and drainage
improvements. The existing security in the amount of $612,177 will be released upon Board approval. The original
security in the amount of $5,028,916 has been reduced to the current am ount of $612,177 based on the work
performed and completed pursuant to the terms of the Construction and Maintenance Agreement dated July 23,
2019.
GROWTH MANAGEMENT IMPACT: No growth management impact is 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 grant final acceptance of the roadway and drainage improvements in Meadowood,
Application Number PL20180003143, execute the attached resolution authorizing final acceptance of the
improvements and plat dedications, and authorize the Clerk of Courts to release the maintenance security.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.4
Packet Pg. 759
10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 26705
Item Summary: Recommendation to approve a Resolution for final acceptance of the private roadway and
drainage improvements, and acceptance of the plat dedications, for the final plat of Meadowood, Application
Number PL20180003143, and authorize the release of the maintenance security in the amount of $612,177.
Meeting Date: 10/24/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
09/19/2023 4:21 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
09/19/2023 4:21 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 09/19/2023 5:57 PM
Development Review Brett Rosenblum Additional Reviewer Completed 09/21/2023 8:58 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/21/2023 3:24 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
09/21/2023 7:21 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
09/25/2023 3:23 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/02/2023 11:38 AM
Growth Management Community Development Department James C French Growth Management Completed
10/03/2023 7:02 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/10/2023 4:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/11/2023 8:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 10:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/11/2023 4:24 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/12/2023 4:23 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
16.A.4
Packet Pg. 760
MEADOWOOD
LOCATION MAP
16.A.4.a
Packet Pg. 761 Attachment: Location Map (26705 : Final Acceptance - Meadowood)
CONSTRUCTION AND MAINTENANCE AGREEI4E NT FOR SUBDIVISION IMPROVEMENTS
referred to as "Developer", and Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board"
RECITALS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT
A. Developer has, simultaneously with
of certain plat of a subdivision to be
FOR SUBDIVISION IMPROVEMENTS
between D.R. Horton, Inc. hereinafier
the delivery of this Agreement, applied for the approval by the Board
known aS; Meadowood
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 im provements.
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 \ r. months from the date of approval said subdivision
referred to as the required improvements.
said improvements hereinafter
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by
reference made a part hereof) in the amount of $_5,94,9]6.9q which amount represents 1O% 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 ln 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
perforrnance 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 Develope/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 [\Ianager 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 l\tlanager or designee refuse pretiminary 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 fulanager 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.
16.A.4.b
Packet Pg. 762 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the
Developer may request the County Mlanager or designee to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of
the subdivision performance security shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the County Manager or
designee. The County fVlanager 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. ln 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 or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify
the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct or
consequential, which the Board may sustain on account of the failure of the Developer to fulflll 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.
tN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this '- , day of 20 19
SIGNED IN THE PRESENCE OF (Name of Entity)
D. R., Inc
1
Witness
By
Printed Name:,"tY vi\resident,bbins, Di
I r.]\"0-.r vJ t\t i,f,-
Witness
-t
Printed Nameffitle
(President, VP, or CEO)
(Provids Proper Evidence of Authority)
Printed Name:
I r*\\r.\r,\rL
JAi{z
ATTEST:
qRYSTAL K. KINZEL, CLERK BOARD OF COMMISSIONERS
cou
at
By
Chai rman
Wi L. McDaniel, Jr.
Sally Ashkar
Assistant CountY AttorneY
16.A.4.b
Packet Pg. 763 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Exhibit A
PERFORMANCE BOND
1ICX1184115
KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton, tnc.
L0541 Ben C. Pratt/Six Miles Cypress Parkway, Suite 100
Fort Myers, FL 33966
(hereinafter referred to as "Owner") and Lexon lnsurance Company
12890 Lebanon Road
Mt. Juliet, TN 37L22
(hereinafter referred to as "Surety") are held and firmly bo und unto CollierCounty, Florida, (hereinafter
referredtoas..County.')inthetotalaggregateSumofFiveMillionT@q1dred
Sixteen and 00/100 Dollars ($5,028,916.00) 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 subdivision p lat named Meadowood 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 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.
16.A.4.b
Packet Pg. 764 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
WITNESSES:o.a,w6.g#ff-
LLlJrn, //:-
fu',u*o(i*.n
Printed trlalne
_4 de*rl onc\ -I)itrs,e,r P'.e:, irlqr\,{V \tr- ?gsi,
lfr6 (1;nro,n56ur,
b((Provide Proper Evidence of Authority)
,fr,e/u 0,+P,a
Printed Name
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 19th day of Julv, 2019.
ACKNOWLEDGEMENT
STATE OF i: I Cr ,dc'.,
COUNTY OF
THF FORE/our GO
1
ING PERFORMANCE
--L?
+-BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
20 \'1 , BY 50fit\\^ Rarri:ira1 , As Vf+f-6r?.(. \b d.<^,\,rnt_ WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION
AS
Notary Public - State of
(sEAL)
Printed Nam
lBiti
/^
(c? o.-
SURETY ACKNOWLEDGEMENT
Dawn L. Morgan, Attorney-in-Fact
FL
ASTIEYKOa
rYcomrEsroNtGG280775
EXPIRES: DamDer 11, Nil2
B.ndedItru R$Ict ndotrfer
WITNESSES:Lexon lnsurance Company
i\
L,fe0'tvvt^, UxIn/By:
Jasntine Baez I
(Provide Proper Evidence of Authority)
tr,ar$stj
Alex Sartori
Flo.',ci ",.
fi?e,
( n )^,^4zlrt,A /"/'tfk'
No.
16.A.4.b
Packet Pg. 765 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
NOTARY ACKNOWLEDGMENT
STATE oF lllinois
COUNTYOF DUPAqC
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 19th day of Julv, 2019
BY Dawn L. Morgan AS Attorney-in-Fact OF Lexon lnsurance Company WHO lS PERSONALLY KNOWN TO
ME.
Nota ry public - State of lllinois
Sinem Nava
(Ord. No. 15-44, 5 3.N)
OFFICIAL SEAL
SINEM NAVA
-fl
lg,,i-l13!3i,?S,iSIl'JlHf
16.A.4.b
Packet Pg. 766 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Apil7,2021
C-ovmty
Gro^/h lVlanagernent Deparfnent
Development Reviqr Division
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN. 37122
RE: Your Performance Bond No. LICXI184115 / D.R. Horton. Inc.
Meadowood - PL20180003143 - Bond rcduction r€quest No. I
Dear Sir or Madam:
Please be advised that based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $4,416,739.00, leaving an available balance
of $612,177.00.
The remaining balance reprcsents $457,174.00 as the rcquired l0olo maintenance security,
plus $l 55,003.00 in uncompleted improvements.
An original Bond Rider should be dirccted to this office reducing the value of the Bond,
"all other terms and conditions of original Performance Bond shall remain in full force
and effect".
This rcduction will become effective upon our receipt ofthe original Bond Rider
Should you have any qucstions, please advise.
Very Truly Yours,
$atfiall*oatt
Cc: Peninsula
DartFlf Rlrirtlriin.mt6t rHrelir.ttfs, FE 3tloi.A252-2{O .HwcotsEortl.gw
John R. Houldsworth
Senior Site Plans Reviewer
'with authority in these matters'
Johnhouldss orth ?i collierqrlr'.net
16.A.4.b
Packet Pg. 767 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
RIDER
To be attached to and form a part ofBond No. LICXIl84ll5
Effective: July 19,2019
Bond Amount: $5,028,916.00
Executed by:
and by:
in favor of:
Project:
D.R. Horton, Inc.
Lexon Insurance Company
Collier County, Florida
Meadowood
. Morgan Attomey-in-Fact
as Principal
as Surety
as Obligee
In consideration of the mutual agreemenls herein contained, the Principal and Surety
hereby consent to reducinq the aq€resate sum ofthis bond to $612.177.00 per Obligee
letter dated Aoril 7. 2021.
Principal :D.Inc
By:
Insurance
Dawn
Nothing herein contained shall vary, alter or extend any provision or condition ofthis
bond except as herein expressly stated.
This rider is effective: April T,2021
Signed and Sealed: Api122,2021
Lexon Comnanv
16.A.4.b
Packet Pg. 768 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
INSURANCTgSOMPO INTERNATIONAL
Endurance Amedcan
POWER OF ATTORNEY
1079
KNOW ALL BY THESE PRESENTS, that EtrduEnce Aaauranca Corpoaatio.r, a Delaryare cdpo€tion, Enduonca Amerkan lnauEnco Colnpany, a Delaware
coapordion, L€roo ln!.rr.lrco Cdnpany, a Texas corpordin, andc Boid Sde$raad liauEnca Coa[pany, a Soqth Odda @.poidirr, 6dr, a 'Cqnpany' ard
colleclively, 'Soopo lnbrrr.don!1,' (b he€by co.Etitute srd 4)pdnt Jrn- l. Ioo.!, Slapar.l T. KEiar, Darn L lorga, Xaa, A. Grdrl.r, Jaoniigr J. Xccornb,
tiLIaaa Sctlnidt, Tral€o I. PLabllo, Di&e Ruha'rg,G Aln!, t icl(.af, Irtn IG3 I lnE -d laxt l Atbar|ey(sHnf&t to mal@, exediq s€d, and ddiv€r fo., and qr
shallobligate tlle Csnparry for erry porticn or ltl€ perd surn tl|€reot in €)(c..s.rtlE sum afF'lFTEE rilulo Dofhlt (lf s,m,m.qD.
signed by ttE Presilent of lt|e CornF.ry urder i6 cdpaate s€al atesbd by ts Coporate Secrefary.
day of JurE, 2019, a copy ot which 4peals belox under fhe h6adi19 ernnbd 'Cstifcate'.
ThB Poyrer of Anofltey is signed ard sealed by bcsimile urd€r and b, arrthority ot the blloring resdnbn adofled by the sob slEaeldder d eedl Co.npany by
unanimcrG writlen cdlserit efbdive the 15F day oa JLrE, 2019 and sai, Iesotnbn has rbt sirEe been rwol(6d arEidd or rcpeded
RESOLVED, fl€t the signatre of an irdivilral nanEd So/e and tle sed o{ tE Comp€ny mey be afixed to ,ry sudr porcr of dto.lEy or y c€rufcate rdating fEreto
by hcsimile, and any srdr po er of attorrEy o. certificde b€ring $rch fGimile sifdt s 6 s€al shdl b6 rdid and tirrtrE Lpo.r t re Cqnpany in tlE tnule with resped
to arry bord or unde(aking to whir, it is attaclted.
lN WTNESS WHEREOF, ea.h Compay has caused thb irBtnmeri to be s€rEd by the dbxing otfc6rs, d|d ib corIErd€ 3€al to be afixed this 156 day o{
June,2019.
Lexor lnsurance Cornpany Bond Sa{eguard
By:By
,fn
3i SEAI'"i t9$:o
ACKNOWLEDGEUENT
On thb l$ day of J(lne, 2019, betore rne, perso{Ely carne tlle aborre s*Iato.as kru^,n to me, wt|o bdig dut svorn, dad and
of the Cdnpanres; and that h€ e)(ecded sail irEtunent ori beHf of each Cornpay by adrro.ty d hb
By:
CERTIFICATE
l, the urdersigned Office. d ea.rr Cqrrlary, DO HEREBY CERTIFY tt
l. That the o.ilinal porrer oa ettdnsy o{whirt tho bre$ilg b a cryy v':as dry cne(rred dr berENf o, edr Cdnpdry ed ha nof lirEe beei r6/d(ed rnerded or modifed
$at the undersigrsd has co.npaEd fte br€0dr copy tE Ea wfn fE origifd poi.er ot atlofEy, ard thal ttt6 3aIIE b a trre ard con€ct copy oa Ure odgind po/er of
SttorrEy ard c* lfle wttola ttErea(
2. Th€ fubxirE are resdldorE wt*$ rere ado@d by tlE lde shflBhdde. o, eadr CamFry by urariftrl3 uritbn co.l3€i{ #tva Jl,E 15, z)19 aid saU reaoldirB
have rbl since been Evoked, drEfir€d or riqtfud
'RESOLVED, thd eadr oflhe indivitEls ndned bdovr a a.dtrdized lo r!d(e, exerh, s6sl d doli,r bad ql bddt of the CdrElary ary dd d bdrds,
undertakin$ or obliFtirE in arr€ly or @sur€ty with.ltss: RICIIARD M. APPEL, BRIAi{ J. BEGGS, CHRISTOPHER OONEIAN, SHARON L. SIMS,
CHRISTOPIIER L SPARRO. MARIA'{NE L WBERT
; and be it tuilher
RESOLVED, tlsl €eah of 0E in(hriiJab nrIl€d abore i! atJtsized b +dnt atbri6rsinJact b. tlu Fr,pG6 d nddE, seriqg. BaalirE ad deliE irB bodrs,
urderl*ingB o. obtgda.B an slr€ty d co-suEty fra and d| behdf of t|e Cdnpdry.'
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fry Cqn hiastn E rp,E'sl9is-''
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of each
lN WITNESS Vttl€REOF, I hav€ hereunto set riy hand and affxed tE co(pq"de seel thie j3IL_ da,
By:
numerous breign agenE, ffi or0anizalirn8, bnorirts, tenDrirt
on th6 Uniled Stabs Trea.ury'! w.bsile -
ln 6cco,tlaoc€ with OFAC regulali'|s, if it is d.{6min€d that yoo or
Do6itnat d Nat'onsl ard Bl6ted Pc.sor. a. iront'Ecd by OFAC. .n,
$bFct b OFAC Whcn a 3u€ty boid o. ofEr lorm of surety
o, ttre wh<re thereof
S
F d(!rs a3'Spccialy Dcaignat d NAirmls.nd Bod(od P6r!on.' This lisl can b.located
the bcftfls of arry cotc age ha3 viirr.d U.S. sandixrs lai or rs a Spccidly
dtrorln cdrt"a.i and a, prDviao.l! d eny co\,€r.g€ provircd ar€ immedralely
- frozcn contract no psymenE nor premium €fund3 may be mad. sithorit
po.!i e inp*l o.r your suety covr..gc duc to dir€ditr3 Lrucd by OFAC. PLn .rd fib Xoe. crrfrrry.
SEAL
Jul.1 " Tl 37121-2E7O
,fn
SOUTH
3 The undersigned furfEr cerlifies that tl|e fuve resoldins are t^E and conect cofiag c,f ttE re6dulirB as so
m21_
SEAI
NAz
autho.izalirn ftom OFAC. Oth.r lamihro.rs oo thG pr€miums and
Surdy chrr!
Tolophooe: 6'15{53-9500 Lltng
16.A.4.b
Packet Pg. 769 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Srate of lllinois )
) ss.
County of DuPage )
On Aoril22,202l, before me, a Notary Public in and for said County and State, residing therein,
duly commissioned and swom, personally appeared Dawn L. Morgan known to me to be
Aftomey-in-Fact oflexon Insurance Company the corporation described in and that executed
the within and foregoing instrumen! and known to me to be the person who executed the said
instrument in behalfofthe said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto sot my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires Aueust 28, 202 I
_g "141Ozt/\
FICIALSEAL
SiNEM l.rAVA
\rIr8r Pl.EL rcSTAIE OF f,TOIOS
0&2&21
Sinem Nav4 Notary Public
Commission No. 859777
16.A.4.b
Packet Pg. 770 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
e,SOMPO lNTERNATIONAL
ASSUMPTION OF LIABILITY CERTIFICATE (the "Certificate")
Collier County Board of Commissioners
3299 Tamiami Trl, STE 700
Naples, FL34112
DR Horton lnc
1100 South Tryon Street, STE 100
Charlotte, NC 28203
1221 Avenue of the Americas, New York, NY 10020, U.S
+1.212.209.6500
Obligee:
(Name & Address)
Effective 0711912023 ("Effective Date"),this Certificate hereby provides for the assumption by
(the "Surety") of future rights and liabilities as the suretyEndurance Assurance Corporation
under Bond Number LICXI184115 (the "Original Bond") previously issued in favor of the Obligee.
This certifies that the Surety, in consideration of the agreements and covenants herein contained and other
good and valuable consideration, assumes future liability as the surety under the Original Bond.
BY ISSUANCE OF THIS CERTIFICATE IT IS AGREED:
That the Surety assumes future rights and liabilities as the surety under the Original Bond, which,
as of the Effective Date, the Original Bond is now designated with a new bond number
EACX4003995 (the "New Bond")
That the rights and future liabilities of the Surety under the New Bond: (a) shall be subject to all of
the terms, conditions, limitations and warranties contained in the Original Bond and any written
amendments or agreements thereto; and (b) shall in no event be greater than the penal sum of the
Original Bond, including any written amendment, agreements or obligations stipulated in the
Original Bond form thereto.
As of the Effective Date, all premiums paid in remittance of future billings under the New Bond will
inure to the Surety.
lN WITNESS WHEREOF, the Surety has caused this Certificate to be duly executed as of the Effective Date.
Endurance Assurance Corporation
(Surety)
By
Je , Aftorney-in-Fact
ffiiqo
1
.7
Sompo lnlernational
rwo
www.sompo-intl.com J *od@ sn p -\nll conn
Revised 2018.5 03
Principal:
(Name & Address)
2
16.A.4.b
Packet Pg. 771 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
SOMPO INTERNATIONAL(9 11325
POWER OF ATTORNEY
Enduranco AsEurance CorooratioE
,,1fl*L"i ry q*0 ,,V*
Richard App.li"$lr!.&;ls,nior Counsel Rlch.rd
-si')iia";;"''
i$i irEAr, Lii_i. 2ta2 ,,.{l.i'
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Lexon lnsurance Company -
""l,*iw*,0Ric{ard Appei;.SVP t,sonio/,lXour}sel
"''j';'l;'':"%''_: r.- souTH '.'^::,i orxom 'o i:;r rNsuRANcE iSai. 2.. COIVPANY .}Y.:i."o . l'...''",, " s.
WYrlWnr ,ry)
ke{,enlor Counsel
"oni ,;.,
On this 15b day of June, 2019, before me, personally came lhe above signalories known to m6, who be
ofthe Companies: and thal he executed said instrument on behatf ot each Company by authority of his
ing duly strom, did depo se and
of each tl$"ji:ll.h"J$4[]n7"*"under th
By:
aylor, N ublic tvty commissqp i;piEi"vgDa-S'''tfr*S''CERTIFICATE
l, the undersigned Officer of each Company, DO HEREBY CERT|Fy that:
1 . That the original powEr of attomey of which the foregoing is a copy was duly executed on behalf of each Company and has not since b6en rsvoked amended or modified;that th6 unde.signed has compared the foregoing copy thereof with the odginal powEr of attomey, and thal ihe;ame is a true and conecl copy of lhe originat poweroi
attorney and of the whole ther6of;
2. The following are rosolulions which wsre adopted by the sole shareholder of each Company by unanimous Mitten cons€nt effective Jun€ 15, 2019 and said r6solulions
hav€ not since besn revoked, amsnded or modilledl
"RESOLVED, that each ofthe individuals named below is authorized to make, execute, seal and detiver for and on behaf of the Company any and a bonds,
und_e(akings or obligations in surety or co-surety with others: RtoHARD M. APPEL, BRTAN J- BEGGS, cHRtsTopHER DoNELAN. suAnou r. stt,ts,
CHRISTOPHER L. SPARRO, MARIANNE L, WILBERT
; and be it further
RESOLVED that each of lhe individuals named above is authorized to apr,oinl attomeys-in-fact tor the purpose of making, executing, sealing and delivering bonds,undertakings or obligations in surety or co-surely for and on behalf ofthe Company.,,
3 The undersigned further certifies that the above resolutions are true and correct copies ofthe resolutions as so recorded nd of the wfiole lhereof
lN WIINESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 12th day of Mav 204-.
Bv,
D an S ry
NOTICE: U. S. TREASURY DEPARTME T'S OFFICE OF FOREIGN ASSETS CONTROL {OFAC}
possible impacl on your surety coverage due to directives issued by OFAC. Please read this l,totice cerefulty.
on the United Slates Treesurys website https://www.lreasurv.oov/resource-center/san!!e!!6ONj!rst.
sub,ect to OFAC. When a surety bond orotherform of surety coverage is considered lo be such a blocked or frozen contrecl, no paymenls nor premium refunds may be made without
authorization from OFAC. Other limitalions on the premiums and paynents may also apply.
SEAL
+
Any roproductions aie void.
Surcty Claims Submi$ion: LeronClaimAdministrationOsomoo-intl.com
Telephone: 615-553-9500 MailingAddrcss: Sompo lntemational; 12890 Lebanon Road; ountJuliet, TN 37122-2870
INSURANCE
KNOW ALL BY THESE PRESENTS, that Endurance Assuranco Corporation, a Delaware corporation, Endurance Amgrican lnsurance Company, a Delawarecorporation, Loxon lnsurance Company, a T€xas corporation, and/or Bond Safaguard lnsurancs Comp.ny, a South Dakota corporation, each, a ,.bompany" and
colloctjvely, "Sompo lnternallonal," do hereby constitutB and appoint: JennlfrWood as lrue and la,?r,fut Attomey(slln Fact to make, execute, seat, and deliver f;r, ;nd onits b6half as surety or co surety; bonds and undertakings given for any and all purposes, also to execut€ and detiver on its behalf as aforesaia r€n€wats, extensions,
agreements, waivers, consents or stipulations relaling to such bonds or undertakings provided, how6ver, that no singl€ bond or unclertaking so made, executed and dolivered
shall obligate lhe ComPany for any portion of the penal sum thereof in €xcess of the sum ol Thlrty Milllon Dollars (g30,O00,OOO.OO).
Such bonds and underlakings for said purposes, when duly executed by said allomey(sfin-facl, shall be binding upon the Company as fully and to the same extent as if
signed by the Presidenl ofthe Company under its corporate seal attesled by its Corporate Secretary.
This aPpointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Cornpany by unanimous written consent effeclive the 15b
day of June, 2019, a copy of which appears below under the heading enti{ed "Certmcate,.
This Polver of Attomey is signed and sealed by facsimile under and by authority of the following resolulion adopted by the sole shareholder of each Company by
unanimous written consent effective the 15u day of June, 2019 and said resolulion has not sinCe been revoked, amended or repealed:
RESoLVED, thal the signature ofan individual named abov6 and the seal ofthe Company may b6 aflixed to any such pou€r of attornsy or any certificate relating ther€to
by Iacsimile, and any such po$/er of attorney or c€rlifcate boaring such facsimile signature or seal shall be valid and binaing upon the iompany in the futurc witirBspsct
to any bond o. undedaking to which it is attach€d.
lN WITNESS WHEREOF, oach Company has caused this instrumenl lo be signed by tho following offlc€rs, and its corporate seat to be affixed this 15rh day ofJune,2019.
Endurance American
ACKNOWLEOGEMENT
SEAI
1996
16.A.4.b
Packet Pg. 772 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Applicant Company NAMe: ENDURANCE AS CORPORATION NAIC No: I l55l
FEIN: 352293075
Uniform Certificate of Authorify Apptication (UCAA)
Certilicate of Compliance
STATE OF FLORIDA OFFICE OF INSURANCE REGULATIO}I
I, DAVID ALTMAIER, hereby certifr that I am the* INSURANCE COMMISSIONER of the State of
FLORIDA and have supervision of insurance business in said State and as such I hereby certiflz that
EI{DURANCE ASSURANCE CORPORATION of WILMINGTON. DE is duly organized under the
laws of said State and is authorized to transact the business of D 010 FIRE.D 020 ALLIED LINES"D 050
COMMERCIAL MULTI PERIL.D O8O OCEAN MARINE.D O9O INLAND MARINE.D IIO MEDICAL
MALPRACTICE.D 120 EARTHQUAKE.D 160 WORKERS COMPENSATION.D I7O OTHER
LIABILITY.D I94 COMMERCIAL AUTOMOBILE LIABILITY.D 212 COMMERCIAL AUTO
PHYSICAL DAMAGE.D 220 AIRCRAFT.D 230 FIDELITY.D 240 SURETY.D 250 GLASS.D 260
BURGLARY AND THEFT.D 270 BOILER AND MACHINERY.D 290 LIVESTOCK.D 450 ACCIDENT
AND HEALTH.D 570 MULTI PERIL CROP"D 620 MISCELLANEOUS CASUALTY.** insurance in this
State.
IN TESTIMONY WHEREOF, I have hereunto set my hand at Tallahassee. Florida on this 28rh day of May
A.D. 2020.
*
>.,-;i .fu:a-=4
David Altmaier
Insurance Commissioner, Officer or Superintendent of Insurance authorized to certiry to the insurance
business within the domiciliary state.
Lines of Insurance as shown on Form 3 of UCAA{<*
Revised 8/l 8/04
FORM 6A 2016 National Association of Insurance Commissioners I
16.A.4.b
Packet Pg. 773 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Flonroa OrrrcE oF INsunaNCE Rncur.ATroN
ENDURANCE ASSURANCE CORPORATION
ls hereby authorized to transact insurance in the State of Florida.
This certificate signifies that the company has satisfieo ail ,&rirements ofthe Florida lnsurance Code for the issuance of a pROpf nfi AN;CASUALTY INSURER CERTIFICATE OF AUTHORITY and remains subject
to the laws of Florida.
Original lssuan ce: O2tO4l2O14
Replacement lssuance: Monday, september 26 ,2016
No. 16 - 3522930Ts
m I
I IrI
/m,-
:#:-
1 il
a h
I
16.A.4.b
Packet Pg. 774 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Opprcp op INsunaNcp RscuLATroN
FTNANCTAL SERVTCES
CoMMISSIoN
RICKSCOTT
GOVERNOR
JEFF ATWATER
CHIEF FINANCIAL OFFICER
PAM BONDI
ATTORNEY GENERAL
DAVID AT-TITAIEn
CoN{NIssIoNER
ADAM PUTNANT
COMMISSIONER OF
AGRICULTURE
September 19,2016
Fran S. Marsala
Endurance Assurance Corporation
Endurance Services Limited
4 Manhattanville Road
Purchase, NY 10577
E-mai I address: fmarsala@enduranceservices.com
Re: Name Change from Endurance Reinsurance Corporation of America to Endurance
Assurance Corporation
Dear Ms. Marsala:
Please be advised that the Florida Office of Insurance Regulation has accepted the requested
name change on September 15, 2016, as this was the date all necessary information was received
into the Office. Our records now reflect the following:
8ll0l16 Endurance Reinsurance Corporation of America to Endurance Assurance
Corporation
As a result of this name change, your policy forms will need to be modified accordingly. you
have ten (10) days to select and complete one of the two follorving options. Due to the name
change, policy forms with changes to the text must be refiled and submitted to the p&C
Product Revierv Section for approval. If there are no changes to the text, you may instead
contact the Division of Legal Services, to enter into a Consent Order in lieu of refiling all
forms. If you choose to effect this change through a Consent Order, you will need to file a
Iist of all forms with the new company name and include a statement that no changes will be
made to the text. This consent order option does not apply to Workers Compensation
Companies. Legal Services' phone number is (S50) 922-3110. Please contact them within ten
(10) days of receipt of this letter to initiate this option.
ANDREW GI ILIE . PRoPERTY & CASUALTY FINANCIAL oVERSIGHT
200ErsrGrmpssrREEr . TALLAHASSEE,FLoRTDA 32399-0329. (950)413-5331 . FAx(g50)4gg-29j5
WEBSITE: www,FLoIR,CoM . EIIIAIL: ANDREW. G]lLIE@ELoIR. CoM
Affimative Action / Equal Opportunity Employer
16.A.4.b
Packet Pg. 775 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
In order to expedite matters, you need to submit a name change endorsement form for approval by
the P&C Product Review Section, which will be mailed to each of your insureds to noii6, th.111
accordingly. You may continue to use the old policy forms for a period of thirty (30) days after
the date the Consent Order is executed by the Office or the refiled iorms have been approved.
Please note: option two can only be used if the name change is the only modification-being
made to the form(s).
For further information regarding the name change endorsement form or the modification of
& Casualty Productpolicy forms,including option one or two, please contact the Property
Review at 850-413-3t46.
An amended Certificate of Authority with the company's new name is enclosed. If there are any
questions, please do not hesitate to contact me.
Sincerely
-fu*,%ra
Andrew Gillie
Financial Examiner/Analyst Supervisor
cc: Joel Meyer
Pam Edenfield
2
16.A.4.b
Packet Pg. 776 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
Acknowledgement of Su rety
State of Tennessee
County of Wilson
On this 12th day of May,2023 located in and for said County and State, before me
personally came Jennifer Wood, to me known, who, being by me duly sworn, did
depose and say that she resides in Mount Juliet, TN; that she is the Attorney-in-Fact for
Endurance Assurance Corporation, the corporation described in and which she
executed the above instrumenU and that she signed their name thereto by authority of
the Board of Directors of said corporation to the Bond Number EACX4003995 for DR
Horton, LLC., as Principal and Collier County, as Obligee in the amount of 5672,177.00.
ln Witness hereof, I here unto set my hand and official seal.
,1
l tllz rLt ///
Le-(/
/r ,/,
Tracy L. Ca e
County of Residence: Rutherford
My Commission Expires: June 22,2026
SEAL:L
,2
c
16.A.4.b
Packet Pg. 777 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
ENDUEAITICE ASSUBANCE COBFORATIOI{
FI NANCIAL STATEIIENT SUIIUAFY . STATUTORY BASIS
Ar ol Dcccmbc.31,2022
ASSEfS:
Bonds
Stod(s
Other lnvested Assets
Cash, Cash Equlvalents and Short-Term lnvestments
Recetvable br Securltles
Total ce$.nd lnycrtad ArsGE
Agcnts' Ealances or Uncollected premlums
Relnsurance Recorerable on Lors and Loss Adlustrnent E,eense payments
Fundr Held By or Deposlted Wth Relnsunnce Companles
Fedcral & Forelgn lncomeTarfiegq44ble & lnterestThete,ql
Net Deferred Tax fusets
Recelyables From Parent, Subsldlarles & Affillates
Agfegate Wrltelnr for Other Than lnvest€d fuscts
lnvestment lncorne Due and Accrued
Totel Admlttcd Asscts
tnBtrmES:
Lo55e5
Lors AdJustment Erpenses
Relnsurance Payable on Pald loss and LosE Adjusrment Erpen5es
Taxes Ucenses and Fees
Current Fedcral & Foreign lncome Tar6
Uneamed Premlums
Advance Premlum
Ceded Relnsunnce Prcmlums Payable
Funds Held Under Relnsunnc€ Treatles
Commlsrlons Pryable, Contlntrnt Cornmlsslons and Simllar ltems
Amountr Withheld or Retalncd by Corngany for Account of Others
Remitlances and ltemc Not Allocated
Other Erpenses Payabh
Pryabh to Parents, Subsldlarles and Aftllatcs
Payabh for Securltler
Proylslon for Relnsurance
Other Uabllltles
Tot l Llabl[tles
CAPITAT AND SURPLUS:
Speclal Surplus Fundt - Retroactlve Relnsurance Galn
Commol Caphal Stock
Surplus Notes
Gross Pald ln and Contributed Surplus
Unasslgned Funds (Surplus)
Totel Gpttal and Surplus
s 7,059,123,973
s 2.392,61&515
3 341,410.213
s 1,094,9E2,4995 s,o{0,6u
S lo.tg3,u5,9l6
3,995,122,766
L,02L,522,572
395,751,229
191,852,444
39,355,910
58,569,185
l--l66l!,rrrpr-
s
s
s
s
$
s
s
s
s
s
$
s
s
s
s
s
$
s
s
s
s
$
s
s
5,067,0,53,293
636,551,682
1,548,120 859
20,735,383
11,753,591
2,693.071,58!l
3,969,846
1,222,920,293
121,753,218
10,761,5O1
727,8/)4,830
10&020,2tm
32,218.055
53,5E7,180
30,EEg,634
7?,19D,616
943s2,512
$ l2,s6t,os4,34z
1,669,252
5,0$,000
350,000,qx)
3,480,r12280
247,418,528
s
s
s
s
s
$ 4,084,r15,65P
Totat Uabllltlcs and Capltal and Surplus S r6,64s,z79,ioz
l, Entela Hana, Treasurer of Endunnce Assurance Corporalon {the 'Company'f do hereby certlfy that to the best of my knowhdge and
bellef, the foregolng ls a full and true Statutory Statement of Admlttted Assets, Uabllltlel Capltal and Surplus of the Company as of
December 31, 2022 prepated ln cooformlty wlth accountht praetlces prescrlbed or permlned by the state of oelaware Department of
losurance. The Foregolng statement should not be talen as a complete statement of flnanclal condltlon of the company, Such a slatement is
avallabh upon request at the company's office located at 4 Manhattanvllle Road, 3rd Fbot purc.hase, Ny 10577.
IN WITNESS have hereunto set my hand and Subscrlbed and sworn to befiore me th s . l$Z.6a,
afficed the seal of March .2023:
rvotaqdPAHEEf Eah.soN
I NEW YOB(NOTARY PUBTIC-STA OF
No. 0r Gl6l t 4t 9t
Enteh Hana,
at Purdrase, New York
Ouallllcd ln Wcstchrstcr County
l\{v Comahrla- C--:---
16.A.4.b
Packet Pg. 778 Attachment: Bond Basis (26705 : Final Acceptance - Meadowood)
16.A.4.c
Packet Pg. 779 Attachment: Resolution (26705 : Final Acceptance - Meadowood)
16.A.4.d
Packet Pg. 780 Attachment: Plat Map (26705 : Final Acceptance - Meadowood)
16.A.4.d
Packet Pg. 781 Attachment: Plat Map (26705 : Final Acceptance - Meadowood)
16.A.4.d
Packet Pg. 782 Attachment: Plat Map (26705 : Final Acceptance - Meadowood)
16.A.4.d
Packet Pg. 783 Attachment: Plat Map (26705 : Final Acceptance - Meadowood)
16.A.4.d
Packet Pg. 784 Attachment: Plat Map (26705 : Final Acceptance - Meadowood)