Agenda 11/14/2023 Item #16A 9 (Clerk of Courts to release a Performance Bond with Del Webb Way)11/14/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $114,460,
which was posted as a guarantee for Excavation Permit Number PL20190001437 for work associated with
Del Webb Way Extension.
OBJECTIVE: To release a security that 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 the Del Webb Way Extension. The As-Built lake cross sections were received and the been
inspected on October 2, 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: 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 authorize the Clerk of Courts to release the Performance Bond in the amount of
$114,460. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item
by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.9
Packet Pg. 396
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 26835
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $114,460, which was posted as a guarantee for Excavation Permit Number PL20190001437 for work associated
with Del Webb Way Extension.
Meeting Date: 11/14/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/05/2023 11:39 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/05/2023 11:39 AM
Approved By:
Review:
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
10/06/2023 10:30 AM
Development Review Brett Rosenblum Additional Reviewer Completed 10/06/2023 10:52 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/09/2023 8:33 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/09/2023 12:54 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/10/2023 12:14 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/13/2023 5:30 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2023 4:41 PM
Growth Management Community Development Department James C French Growth Management Completed
11/01/2023 12:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 9:20 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 10:16 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 8:59 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/02/2023 10:03 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.A.9
Packet Pg. 397
DEL WEBB WAY EXTENSION
LOCATION MAP
16.A.9.a
Packet Pg. 398 Attachment: Location Map (26835 : Excavation Bond Release - Del Webb Way Extension)
EXCAVATION PERFORMANCE AGREEMENT .t
ION PERFORMANCE AGREEMENT entered into this j 3'" day of
between Pulte Home Companv, LLC hereinafter referred to as
. "THIS E
L,l),
XCAVAT
,20tl
"Ddvelofer," 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. PL20190001437 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$114,460.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
2
5
6
4.
16.A.9.b
Packet Pg. 399 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on acmunt of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEREOF, the Board and Developer. have caused this Agreement to be
executed by their duly authorized representatives tnts 4e'! daV of I "!il
- ,204.
SIGN
Si
.tO /\
Printed Name
sign: &f4 fuL
a fv$.,
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Compholler
Collier County, Florida
Ap as to form and legality:
Sally kar
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COLTNTY COMMISSIONERS
OF COI.INTY
as designee of the County Manager
pursuant to Resolution No. 2015-162
ED IN THE PRESENCE OFttu2*--(Name of Entity) Pu Home Company, LLC
By:(-,
Hrz-/az/'ten
ltsr'fkld ?.,r/fo.^i
Assistant County Attorney
16.A.9.b
Packet Pg. 400 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
Evl, L,l t' I
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC
243'11 Walden Center Dr. #300
Bonita Springs, FL 34134
23$4954085
(hereinafter referred lo as'Owner") and BOND NO. LICxl184I05
Lexon fnsuraoce Coupany
12890 Lebanon Road, Ut. Juliet TN 37122
615-553-9500
(hereinafter referred to as'Surety") are held and firmly bound unlo Collier County, Florida, (hereinafter
referredloas"County")inthetotaIa9gre9atesumof@
Sixtv Dollars and Zero Cents ($114.460.00) 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 thsse presenls. Owner and Surety are used for singular or
plural, as the contexl requires,
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. PL20190001437 and that certain excavation permit shall
include speci{ic improvements which are reguired 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 unlil the date of complelion 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 lhe Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty perlod eslablished by the
County, and lhe Owner shall salisfy 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, olheMise 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 delelion to the proposed specific improvements shall
in any way affect its obligalion on this Bond, and it does hereby waive notice of any such change,
extension of time, alleration, 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, wilhout 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 Developmenl Regulations.
The term "Amendment,' wharever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addltion or modification of any character whatsoever-
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
17th day of Ju 2019 -executed this
WITNESSES:
Print 113mg Ross RlPPle
Printed Name Ross Irsin
(Owner Name and Title if Corporation) Pulte Home
Compa LC
By:
D. Bryce LaD.gen, VP & Treasurer
[1]r-Ds.or664/1153Eoo/l1
Printed Name/Title
IProvide Proper Evidence of Authority]
16.A.9.b
Packet Pg. 401 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
ACKNOWLEDGEMENT
STATEOF . GEORGIA
COUNTY OF T'IILTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THtSrlsOeV Or
(NAME OF ACKNOWLEDGER)Julv ,20 19 .BY _ D. Bryce I,aq€es
AS VP & Treasurer (TITLE) OF Pulte Home Comoanv. LLC (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICAT]ON
Notary Public - State of GEORGIA
(SEAL)
nted Shirley E. Eutchins
Lexon Insurance Company, a Iexas
Corporation
WITNESSES:(Sure and Title if Co rporation)
Printed Name Ross Ripple S. Rives, Attorney-ln-Fact
L/v Printed Name/Title
(Provide Proper Evidence of Authority)Printed 111369 Ross IrYin
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FTILTON
THE FOREGOING PERFORMANGE BOND WAS ACKNOWLEDGED BEFORE ME THIS1]qhDAY OF
2O tq ., BY (NAME
AS t
WHO IS PERSONALLY KNOWN TO ME, OR PRODUCED AS IDENTIFICATION
Notary Public - State of GEORGIA
(sEAL)
oF ACKNOWLEDGER)
(NAME OF COMPANY)
Printed Name Shirley E. Eutchins
r&81s.02650 7
SHIRLEY E HUTCHINS
Notary Public - State of Georgia
Fullon County
My Commission Expires Mar 18, 2022
SHIRLEY E HUTCHINS
NotarY Public - State of Georgia
Fulton CountY
My Commission ExPires Mar 18' 2022
[ 15-LDS-01664/1153600/11
16.A.9.b
Packet Pg. 402 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
POWER OF ATTORNEY 11776
Lexon lnsurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Co.poration, with its statutory home office an
Austin, Texas, does hereby constitute and appoint: Brien O'lreara, D. Bryce Langen, Ellen Padesky Maturen, James Ossowski, James
Zeumer, Jean Marusak, Kelly Yoakam, Kim Hill, Ross lrwin, Gregory S. Rives its true and laMul Attorney(s)-ln-Fact to make, execute, seal
and deliver for, and on its behall as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE
COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other
person or persons as Attorney-ln-Facl to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature of a bond not to exceed $8,000,000.00, Eight Million Dollars, which the Company might execute through its duly
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-ln-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-ln-
Fact, so appointed, may be removed for good cause and lhe authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be affixed this 22nd day of June,2018.
LEXON INSURANCE COMPANY
BY ryzzz-
Brian Beggs
President
ACKNOWLEDGEMENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed
said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation
I
-..'''*.,.rH"'z
:,-.L::
''br,,*$'
AMY TAYLOR
Notary Public- State of Tennessee
Davidson Counly
[,4y Commisson Expires 5-9-2023
BY
ylor
Nota Public
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the torgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in torce
Signed and Seal at Mount Juliet, Tennessee this Day
4.-/-:BY
Andrew Smith
Assistant Secretary
,,WARNING: Any porson who knowingly and with intent to detraud any insurance company or other person, filgs and application for insurance of
claim containing any matorially false information, or conceals for the purposo of misleading, information concerning any fact material tho.eto,
commits a fraudulent insuranco act, which i6 a crims and subiects such person to criminal and civil ponalties."
SEAL
SEAL
Amy
ru ,o-12
16.A.9.b
Packet Pg. 403 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
Prepared by and retum to:
Scotl Clements
Area General Counsel
Pulte Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Florida 32751
AFFIOAVIT
STATE OF FLOHIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned otficer authorized to administer oaths, on this day personally appeared Scott M.
Cloments, who upon being duly swom, deposes and says:
He is over lhe age of eighteen (18) years and has personal knowlodge ol the lacts stated herein.
He is Area General Counsel, Vice President, and Assistant S€cretary of Pulte Home Company, LLC, a Michigan
limited liability company (the "LLC"), successor by conversion ol Pulte Home Corporalion, a Michigan
corporation, which has navor be€n dissolved.
ThE individuals identiried below have be€n duly authorized to execute documents on behalf ol the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as ol January 1, 2017, currently in eflect and
attached hereto in perlinent pa as Exhibit'A" (the "Signing Powers Besolution"), and such documents, propedy
execuled by the individuals idenlilied below, on behalf o, the LLC are binding upon the LLC:
1
2
3
Patrr Kcanr
Biian Yonalay
Rich Mccormick
Anlhony L. Schutt
Ella Flamlng
Naomi Hobsrtson
Daniel Bryce Langen
Michael Woolery
Area President (Florida)
Area Vic6 President - Finance (Florida)
Division Pr€sident (Soulhwest Florida)
Vice Presid€nt - Finance (Southwest Florida)
Division Controller (Southwest Florida)
Division Controller (Southwest Florida)
Vice Presid€nt - Finance and Treasurar
Vice Prasident - Land Acquisition (Southu/est Florida) and/or
Director - Land O€velopm€nt (Southwest Floida)
Vice President - Land oevelopment (Soulhwest Florida)
Director - Land Development (Southwest Florida)
Vic6 Presid€nl - Construction Operations (Southwost Florida)
Vice President - Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Southeast Flo da, and Southw€st Florida)
Vice President and Assislant Sgcretary
Assistant Secrelary (Nonh florida, West Florida, Southeasl Florida,
and Southwest Florida)
Assistant Secrelary (Norlh Florida, West Florida, Southeasl Florida,
and Southwest Florida)
Assistant Secretary (Norlh Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southvvest Florida) and Assistant Secrelary (North
Florida, Wesl Florida, Southeasl Florida, and Southwest Florida)
General Sales Manager (Southwest Florida)
General Sales Manager (Southwest Florida)
General Sales Manager (Southw€st Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Mike Hueniken
Scolt Brooks
Kcilh Strwan
Joahua Graavo
Scotl Clsmonls
Michael Blake Laplnsky
Craig Ru3so
Mark Edward Hofterberlh
Juslin Wood
Cadssa AndeBon
Gaorgc Zalucki
Matt Poacock
Oave Achee
Additionally and specilically, Mary ilocera and Lauru Rsy, in lheir rsspsctiva capacities as Closlngy'Homsbuyer
Coordinators; C8risr. Andorlon, Ju3tin Wood, Matl Poacock, and GoorgG Zalucki, in their respective
capacities as General Srlca Manager3; Ella Flcming and Naomi Roborbon, in their respsclive capacilies as
Division Controllars, have been duly authorized to execute (i) contracts for the sale ol resid€ntial homes or lots to
consumers (not to anolher business), and (ii) deeds of conveyance and all olher documents that are relevanl or
incident to the sale ard closing ol r€sidential homes or lois to consumeas (not to anothor business), including any
modgage.rBlaisd documents, such as buydown agl9emonls or other relevant documents, on b€half of tho LLC,
and such docum€nts, properly executed by such individuals on behall ol lhe LLC, are binding upon th€ LLC. Any
above-described documonts propedy executed prior to lhe date oI this Arfidavit by Nicole Freilas, as Sales
C \U$Btoe@rn pporr.to..l brclolirtMdoss\Tom@rary l.teftl Fil6\Co.l..l.Ou{@t\l5Mu7w53swa PHC 051518 (lu[).doc
16.A.9.b
Packet Pg. 404 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
4
Accounting Manlglr and/or Laura Bay as Admlnistrrtiv. Managlr, on behall of the LLC, ar8 and will romain
binding upon the LLC.
The Signing Powers Hesolution, Paragraph C., FESOLUTIONS, lV, Vll, and Vlll, identities certain litles in lhe
Division Specilic Signing Power sections, which titles ar€ clarilied and shallcorrespond as set lorth below:
A. Omission of ths words "Gulf Coast," "No(h Florida," V/est Florida," "Flo{da,' "Southeast Florida" or
'Southwest Florida' atter an otficer's neme does nol constiluta improper, incomplet€ or incorrecl
execution and does not alfect or limit tho aulhority ol lhe otheMiso duly authorizsd otficor in any
way;
B. Division VP/Director ol Financo shall m€an eith€r a DMsion-levd (i.e., Southwsst Florida-level)
Vice Presk enl - Finance or a Director ol Finance;
C. Oivision VP/Oirector ol Land OevelopmonvAcquisition shall mean either a Division-lavel (i.e., a
Southwest Florida-level) Vice Presidenl - Land Development or Vice Presid€nt - Land Acquisition;
or eilhe, a Direclo. ol Land Development or a Director ol Land Acquisition;
D. Division VP/Director of Construction Op€rations shall also mean eithet a OivisionJevel (i.e.,
Southwesl Florida-level) Vic€ President - Construction Operalions or a Director ol Construclion
Oparations;E. Divisior/Proiect Controll€r shall also mean either Oivision Controller or Project ConlrolloiF. Division VP ol Salss shall also mean Vice Presid€nt - Salos.
The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existerrc€ ol the LLC.
This Atfidavit is given for tho purposes ol evidencing incumbency and authority ol the employe€s named above and
pursuanl to lhe provisions of S€ction 689.045, Florida Stalutes.
5.
6.
{'vt/O*
Scott M. Clemonts
Swom to and subscribed belore me ,n 21k ,2018, by Scon M. Clements, Area
Gen€ral Counsel, Vics President, and Assistant Socretary ot Pulte
company, on bohall ol the LLC, who is p€rsonally known to m€.
P V. Coltanlino
Stat6 of Florida
No.: FF942099
Commisslon Explr.s O1n 2O2O
Publi
ffi Cormi.b I FF 9a2mg
XEUY V cosrAl'llll{o
mts,$ntryCrpra 6-.r!ra
C\Us.B\,Esn\ prD.r.u@ltMlc,o$fiwhdor3\T.nvorary hraml Fih.\Col6l.Oullook\l5Mu7w53\SwF PHC 061516 (lul) dc
Company, LLC, a Michigan limited liability
16.A.9.b
Packet Pg. 405 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
EXHIBIT A
SIGNING POWER RESOLUTIONS
Clusors\mccuonuorDaE\to.alr,ilicoso,r\Wirdows\l€6porary l.lehel F €s\Cohl.^l Oullook!5MU7w53lSWF PHC 05,518 (loll)d@
16.A.9.b
Packet Pg. 406 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
CERTIFIED R"ESOLUTTONS
OFTEE EOAND OF DIRECTORS OT
PULTE EOME COMPANY, LLC
I, Scott M. Clcmcnrs, hcrby ccrtify &at I rm s duly elcctcd and acting Asslstont Sccrclary
of PULTE HOME COMPAI{Y, LLC, a linlted liabllity comprny aulhorizcd and cxisting unda
hc l6ws oflhc Sutc of Michigrn; that attached is a lue copy ofthc resolutions rdoptod by the
Borrd of Dircclors oftho limited lisbility coopany lo bc cfrcctive January l, 2017; and that suclr
resoluthns h8vs oot becn rescinded or modificd, and do nol contravcne ray provisions of thc
Aniclcs of Organization or Opcraling Agrccocnt of srid limitcd lirblllty company.
IN WTNESS WHEREOF, I havc hers tuto sct my hand lhis 3d day of January, 2017.
dk
Scon M. Clcments,sllnl Scsrclary
STATE OF FLORIDA
COI'NTY OF ORANOE
On Jonusry 3, 2017, bcforc me, Kelly V. Cortanlino, a Notuy Fublic in and for srid Slate.
pcr:onrlly appeercd Scott M. clemcnts, personally known to mc lo bc trc pcrson whosa nrme is
subscribcd to thc within instsumrnl ad rcknowledgcd to me thrt he erccutcd thc samc in his
authorizcd capocity, urd thst by his signsturc on fte instrumcnt 6e fitity upon bchalf of which
lhc pcrson acta( execulcd the irutrumenl
WITNESS my hand aad official seal.( Crr?td-f
ly Notuy Public
Florida
My Commissioo Expires: 0l/2312020
)
)
)
@ a6A,Jsrlrl,Eua
rcuY v.
C! rtth,Ftaz€9
16.A.9.b
Packet Pg. 407 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
EXHIBIT A
?T'LTE SOME COMPANY, LLC STGNING
POWER RESOLUTIONS
A, DEFDNTIONS.
As used ln lhcsc rcsolutions:
"3.i8d[g.Iluil:' mcrns lhc powcr md aulhority to lx.€utc rrld drlivcr rn rgrccmcrt ln5lflmG,ll
or olhcr documcnt
'ggtrglEllipin3Jqgd mcrns signing powcr rclating to fis ordir,lry coursc of busincss of
PULTE HOME COMPAI.IY, LLC (thc "CqoDlryl') gcnenlly, wlthout rarbrttlon to s prnlcslsr Divislon
or prujcct, bo0 in thc Company's own crpacity rnd h lny iniluccs whrre it i: lhe manrgiag partner or
mrnaging mcmbcr of .Jolnt ycotun (tic "Eu!gthh1.
"DiyitiCdEglliEligd1SlCgd'mcons signing power Ehling only to thc ordinuy coursc of
business of r Division ovcr which thc ofFrcr, moDrger, or cmployce in quotion hrs msnrgcmroa
rsponsibility, both in the Comprny's own caprcity rnd as mroaging prnno or mrnrging mcnbcr of thc
Panncnhlp.
B. !!Bt95E
Thc purposc ofurcsc r$olutions b ]o crtsblilh thc slSnint powEr ofcc rln cmploycc ofthc
Compann toth in llc Comprny's owr crpociqr and rs manrging panncr c nrnrging mcmber of[:
Partrrrsi ip. Cophs oflhcsc rcsolutions mry bc dclivcrcd to tillc comprrlcs rnd olhcr pattics rvho cquirc
cvide0Ec ofthc ri8Dlng powcr ofrn cnploycc, No employcc ofthc Company ruy tubdclcgrtc hls or hBr
signlng powcr xccpt .s .[Fcssly provldcd h lhcsc rcsolutions by usc oflhc rmrds: "Oher tltlc(s) or
pcrsm(:) dcsignrtcd ln *ridng by , . .".
c. 8ES9!I[IONS
RESOLVEO thrt the followiag ofiiccrs. rnrnrg:rs, or cmployccs of the Company shrll havc thc
Gcncol Signing Powcr ortic Divlsloo Spolllc Slgning Porva, u lnd&:rted ln thc chans bclow:
16.A.9.b
Packet Pg. 408 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
EXHIBIT A
Dcveloprucol of Reol Prcncrtv
t.geggntpee!9!8901Appllcatioos,lcnlrtivcrnd Jinrl subdlvlslon plats and mrps,dcYclopmcn!
rgraatBnts, hnd dcvahpmcnt ltEsments, rmcnity conbrclot Egrecmcnlt rnd rll othcr
documcnts thar rrc rclcvurt or lncldont to the dcvclopmil! of rcsl fropBrty ln willch thc
Compory or tlro Partnershlp has rny lntcrasl, othcr Oan documcnls contcmplrtcd in part
Vl below:
Gcuuol Slgnlng Powu Dlv blo n Spcclti c S ig n la g
Powcr
Chalrmrn ofthc Board Area Prcsidenl
Chicf Exccutive Ofiicer Arca VP Finance
Prasidcnt Arca VP Land
Execulive Viee PresHcnt Division Presidcnt
SeniorVisc Presidcnt Division VPIDiactor Finance
Ylcc President Divirion VPiDirector of Lrnd
Dcvelopmcn dAcqulsition
Hqrsc Conitruclion egrtcdnils. Contiractor agnecmcnls, constJruclion agrEsmcnlr,
eonussls, purchosc ordcr, pricing schedules, scopcs ofwork rnd rll otficrdocumcnls that
rre relcvant or incldenl lo Oc corutructlon of resilentlal homes and amcniths lhcrclo ln
whlch theComprnyorthc Parrncrship hrs any interostg[gg,$gn documcnls cmtemplatcd
abovc this one:
D lv b lou Spccllic Slgn ln g
Fowcr
Arer Prcsident
Arer VP Financc
Arcr VP Conslruction Opentioos
Exccutive Vicc Arca Punhasing Dirctor
Scnior Vicc Prcsldcnt Division Prasidcnl
'Vice
President Divirion VP/Director Finrncc
VP/Dircctor of
Confirction Orcnlisns
Purchasing
Slorm WrtcrMarrgencpt
ll. Nuiccs of intenl, noliccr of tcrminrdon, slorm wetcr pollution prcvention plurs, reportt,
ccrllricEtioo3 or othcr documentation that lr relevant or lnsident to rtorm wgtar
I Presidcnt
'3
l
I
1
I
I
1
I
Page 2 of7
, Chiffim ofthe Board
' ctief E
".utive
Officer
16.A.9.b
Packet Pg. 409 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
Gcncral Slgnlng Powcr
-Chrhn Jirhc Borrd
Chlcf Erecutivc Ofricer
Pruldent
Executivc Vlcc Prcsldent
Scnisr Vicc Prcsidcnt
Vica Prosldcnt
EXHIBIT A
Sde ood Clorlnrof Ro*l&nthl Hqmcl or Lolt
lll. Contncls for0re salc of rcsiden:isl homes or tots to
Sun City
mmog,cmSnt and crcslon control hr thc dcvclopmcnt of rell propcrty end/or consln ction
of homcs in which thc or thc has intcrest.
Povcr
Arer Frcrid"rt
Arca
Slorm
to anothcr busincss).
PGP Tltlc, lnc.
Floddq lnc.: VIce Presidcnt
Ercmw Mrnrger, Essrow
Supcrviror, Dhcctor-Closlng
rnd Titlc Ofricer
Title Ageruy, Ins or
or PGP Title of
D ivlsi o u $pectfi c S tg n lng
PopcrCcnlr:alSignlng Powo
Arca Prcsi&ntChairmrn ofthe Boad
Arce VP FinrnceChicf Excculivc Ofticcr
Division PrcsidcntPnsident
Executiva Vicc Pnsl&nt Divisioo VP/Direelor Fi nrncc
Divirion ConlrcllcrScnlor Vice Prcsidcnt
Division VP of SahsVicc Pruident
Gcncral Salcs Mrnrger
Clming/Hom ebuycr Coordinator
Any of thc following cmployecs of
cithcr Puhc Mortgrge LLC: Vicc
Plesiden[ Brsnch Murager rnd
Assistant Sccrrlory
Poge 3 of7
16.A.9.b
Packet Pg. 410 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
gffilBtr a
tv.Dccds of convoytas! and rll othcr documcnts thet are relcvcnl or Incident to thc solc and
closlng of rusidenllal homcs or loB 30 egqltqg1l (not to anothcr buriness), including any
such ss or othcr relevml documcnls.
Spcclllc filgnhry
Powcr
of
dcslgnaled in writing by eithcr thc
Arcs Presidenl or Area VP Financc
Closirg of lbcl-urctrrc rad SrLq of Rcal Prooertv
V. Contncg, dcds rnd rll dhcr closing documcnu for thc purchasc or ralc of rtel Propcfiy (9$gg
thc gale snd of rcsldcntial homcs or lotr o
in rvriting by citha thc Area
Prcddeot or Arce VP Flnerrco
or pcrson(s)
Gcncml Slgnlng Power
Arca PresidcntChalrmrn of tfic Board
Chicf Erecutive Offiser Arco VP Finsoce
Prcsidcnt Division Presldent
Division VP/Director FinanceExeculivc Vhe President
Division ControllcrScnior Vicc Presidcnt
Divislon VP of SalesVicc Pcsidcnt
Genergl Sales Mutogcr
Clos in g/Homcbuyer Coord hator
Any of the following cmployces of
eithcr Pultc Mortgrge LLC: Vhe
Prccldcnt and Branch Mrnegcr
citfur Sun City Title Agcncy, lnc,
or POP Title, lnc. or PGP Title of
Florida, lnc.: Vicc Prcsldenq
Escmw Manager, Escrow
Supcwlsor, Dircetor-Closlng
end Titlc Olllccr
Gencrol Slgnlry Powct Dlt ls lo n Spcclfi c Slg n lng
Porct
fuea PrcsidenlChalrmrn ofthc Board
Chlef Exccutlve Ofiiccr Arca VP Finrnce
Aaa VP LrndPresidcnt
Page 4 of7
16.A.9.b
Packet Pg. 411 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
E)(HIBIT A
Erecullvc Vicc Presldcnt Divblon Prcsidcnt
Senlor Vicc Prssidsnl
end Gcocrd Counsel
Division WDiroctor of Finrncc
OhortilHs) or pcrson(s)
dcsigrotcd in witing by
rcsolutlon(s) ofthe
Bogd olDlrcctors
Division VP of Lrnd
Dcvctoprnen/Acquisltlon
Rccl Proocrtv FlQggglns ard llod BonklBa Tnnucllons
Vl. Docrmenls relatcd to rny of the follorving rcal propcrty finaocing urd bnd banking
t urstctlons:
a. Tndilhnal FinoncinB. Loon BgrcGmcnts, security tgltsrncnts, promlssory noEs, decds of
trust and rll othcrdocumenls ftat orc rclevant or ineidcnl to lhe linrncing of thc purchose
andor dcvclopment of rerl propcny.
b. Soecirl Trrine Dirria Firyncins. Lorn rgreemenls, sccurlty lgrccmcnlq promissory
noter, dceds of trust aod all othcr documcnts undcr which the Comprny or thc hrtnership
is a party lhet lre relevant or incldcnl to r Special Trxlng District Flnrming (defincd
bclorv), g[94[g documcnls conlemplatcd in Gurnntecr ud Eovimnmcntal lndernnitlcs.
"Spcgiol T+(inE Didrict F melns r financing thmugh thc isuancc of bonds by a
community development disricq community fbcililies disficg munlciprl utility district,
county or municiprl improvcmcnt districl, lrx incamentrl dlstrict or othcr similgr spcclal
purpos€ unit of local govcmmEnl
c, Guarantccs rnd Eovimnmcnlrl lTCemnitics. Guanntces of prymcnl or performrncc of lhe
obli3rtioos of another enlity (rvhethcr ln the form of r paymcnt gusnntyt lndcmniry or
oiler documcnt). mrinlcnancc or remaryining guarantees and environmcntol lndemnirics
in conncction with dcvelopmcnt flnancing.
d. Lsnd Bonking Transctlons. Assignments of contracts lo purchrse real pmprty, optioffi
to ptrchrsc rcal ptoptty, dcvelopmenl sgnEmcrti urd other documents evidencing
lnsttgcmcnls with aa intcmediary, such as a land bankcr, lo purchuc or devclop rcal
propsrty.
Gencml Slgnlng Power Dlvblou Sp*lfic Sgnlng
Powq
Chicf Financlal OfiEccr of
the publicly traded ultimate
parcnt
[rdcd ultimalc
Page 5 of7
16.A.9.b
Packet Pg. 412 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
EXHTBTT A
Llccosor
Vll, Documcnts nccesrry lo obuh liceoscs and dcpnmcnt of rcol cslale public rcports or simihr
documents ln Crllfornir end other slates without llmiution, fuizona and Ncvrda)
CC&R!
VlIl. Rcstrictive covcnonls, condilions, rcstrictiont, cssemcnts and othcr simller rlghs or
restrictions, commonly knownrs CC&Rr, aflccting rcel property or improvemcntson real
rlating lo CC&R+ such as 0rc orglnizalional documcnls for thc
owners' crsochtion.
RESOLVED FURT}IER, that alt lawful rcts spcclficolly dcscribcd ln thc lmmedirtcly preccding
resolutioq underlslccn prhr to thc rdopilon of thesc rcsolutions, in thc Company'i own crprclty or as
mrnrging plrlncr or mrnaging mcmbcr of the Podncrshlp, are hcrcby radfrc4 cmfirmed md rdopled by
the Comprny.
Gcneral Signlng Powcr D lvkla n Spcclfi c S lgnl ng
Powcr
Area PrcsidcntChairman of 0rc Board
Chief Exccutive Ofiicer Area VP Finance
President Arca VP Land
Brecutive Vice Presidenl Division Prcsldcnt
Scnior Vicc Prcsidcnt Division VPrl)irector of Finanse
Vicc Frxldent Division VP/Dlrcctor Sabs
Division VP of Conslruclion
Opcralions
Arca VP/Divisioo VP/Dircctor Lond
Acqu lsitiort/Dcvclopm ent
Gcnenl Slgnlng Power D lv b I on Sp cc lfi c SIg nl n g
Powct
Chalrman ofthe Bogrd fuea Presidcnt
Chief Executive Ofiicer Area VP Finrnce
Area VP LgndPrcsidcnt
Etecutive Vice President Division Pruidcnt
SaniorVice Prcsldent Division VP/Dircctor Finoncc
Vicc Prcsident Division VP/Direetor Land
Acqu kit ion/Dcvelop mcnt
Pagc 6 of7
16.A.9.b
Packet Pg. 413 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)
RESOLVED FURTHER, thrt rny Slgnlng Powcr Rcsolutions or Powcs of Atloncy rnd Grans
ofAgrncy prEviously issucd or ldoptcd by Oo Comprny rrc hcrrby tcrminatcd, rwokcd aod supcrscdcd in
thcir snlircty by thEsc resolutioos.
Eflcqtive as ofJanuary l, 2017.
PagcT ot1
EXHIBITA
16.A.9.b
Packet Pg. 414 Attachment: Bond Basis (26835 : Excavation Bond Release - Del Webb Way Extension)