Agenda 12/12/2023 Item #16A14 (Release Performance Bond for work associated with Manatee Cove)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $214,916,
which was posted as a guarantee for Excavation Permit Number PL20190002607 and PL20190002338 for
work associated with Manatee Cove.
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 Manatee Cove. The As-Built lake cross sections have been received, and the lakes were inspected
on October 31, 2023, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$214,916. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item,
advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, GMCDD, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.14
Packet Pg. 980
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 27152
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $214,916, which was posted as a guarantee for Excavation Permit Number PL20190002607 and
PL20190002338 for work associated with Manatee Cove.
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/03/2023 3:54 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
11/03/2023 3:54 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/03/2023 4:19 PM
Growth Management Community Development Department Diane Lynch Level 1 Department ReviewCompleted
11/03/2023 6:05 PM
Development Review Brett Rosenblum Additional Reviewer Completed 11/06/2023 10:19 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2023 11:26 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/13/2023 5:55 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 11:28 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:47 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 5:05 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/29/2023 10:44 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/30/2023 3:46 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.14
Packet Pg. 981
MANATEE COVE
LOCATION MAP
16.A.14.a
Packet Pg. 982 Attachment: Location Map (27152 : Excavation Bond Release - Manatee Cove)
- THIS EXCAVATION PERFORMANCE AGREEIVENT entered into tnls l,lfl Oay of{hnrr.ru , 20.1, between Pulte Home Company, LLC hereinafter referred to as
'De"e{ope[-J' and th-e Board of County Commissioners oi Colli"r. County, Florida, hereinafter
EXCAVATION PERFORMANCE AGREEMENT
referred to as the "Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. 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. 20190002607 (the
"Excavation Permit"). c"l PLJotg oab))yg
NOW, THEREFORE, in mnsideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. 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
$214,916.00.
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 untrl Developer notifies
the County that the Excavation Wo* 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 Manage/s approval of the Excavation Work.
2
3
4
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
miy 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, [ursuant to public advertisement and receipt and acceptance of bids,
tl.
16.A.14.b
Packet Pg. 983 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
7
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
Pulte Home Com an , LLC
lN WITNESS WHEREOF, the Board and Develop_errhave caused this Agreement to be
executed by their duly authorized representatives this /5 "day of ,./z.,z.tzz'7 ,202) .' ------v- -SIGNED IN THE PRESENCE OF:
Sign:\^lw'/Ja'-*'-JL
D.z.o (ei4el
Printed Name
By:
sign:11,/,6-'e
?^ra-,u Bvr"u-
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
Approv as to form and legality:
Michael Hueniken
VP of Land Planning and Development
BOARD OF COL]NTY COMMISSIONERS
OF
By:
COI CO RIDA
z--
'a-
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
Sally Ashkar
Assistant County AttorneY
16.A.14.b
Packet Pg. 984 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
[tA,b,+,1
SURETY RIDER
Lexon lnsurance Company
To be attached to and form a part of
Bond No. LICX1 184260
Effective Date:
Original Bond Amount:
Executed by:
, as Principal
and by:
, as Surety
October 4, 20't 9
$162,760.00
Pulte Home Company, LLC, a Michigan limited liability company
in favor of:
(Obligee)
Collier County, Florida
lncrease Amount:
FROM: $162,760.00TO: $214,916.00
All other terms and conditions remain the same.
Effective Date: January 15,2020
Signed and Sealed: January 21 ,2020
pa Pulte Home Company, LLC, a Michigan limited liability companyPrinc
2By:
t:ry S. Rives, Assistant Treasurer
By:
Jean Marusak, Attorney-in-Fact
Lexon lnsurance Companv
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to changing:
yn
,/r
Suretyl' Lexon lnsurance Companv
I
16.A.14.b
Packet Pg. 985 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
ACKNOWLEDGEMENT BY RETY
) ss.
couNTY oF FULTON)
This record was acknowledged before me on January 21 ,2020,
Jean Marusak, as Attorney-in-Fact of Lexon lnsurance Company
who provided to me on the basis of satisfactory evidence to be
the person who appeared before me and is personally known to
me.
WITNESS my hand and official seal.
Signat ure of Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUICHINS
Nolary Public - Slale ol Geolgia
Fulton County
My Cornrnission Exprres Mar 18 2022
STATE OF GEORGTA)
16.A.14.b
Packet Pg. 986 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
ACKNOWLEDGEMENT BY PRINC!PAL
9TATE OF GEORGTA)
) ss.
couNTY oF FULTON)
This record was acknowledged before me on January 21 , 2020,
appeared Gregory S. Rives, Assistant Treasurer of Pulte Home
Company, LLC, a Michigan limited liability company, provided to me on the
basis of satisfactory evidence to be the person who appeared before
me and is personally known to me.
WITNESS my hand officialseal.
(
Signature f Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Nolary Public State ot Georgia
Fdton County
Vy Comrnrssion Expires Mar 18,20?2
16.A.14.b
Packet Pg. 987 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
POWER OF ATTORNEY
11776
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its statutory home office in
Austin, Texas, does hereby constitute and appoint: Brien O'ireara, 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 behalf 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-Fact 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 $8,000,000.00, Eight Million Dollars, which the Company might execute through its duly
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-ln-Fact shall be as binding
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-ln-
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power oI Attorney.
Resolved, that the signature of the President and the seal of the Company may be afflxed by facsimile on any power of atlorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be aifaxed by facsimile to any certificate of any such
power and any such power or certificate bearing such lacsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate
Seal to be afflxed this 22nd day oI June, 2018.
LEXON INSURANCE COMPANY
BY
zva=r
ACKNOWLEDGEM ENT
On this 22nd day of June, 2018, before me, personally came Brian Beggs to me known, who be duly sworn, did depose and say that he
is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed
said instrument on behall of the corporation by authority ol his office under the By-laws of said corporation
-..sr}J 14042.
BY
2h"$.
AI\,iY TAYLOR
Notary Public- State of Tennessee
Oavidson Counly
My Commission Expires 5-9'2023
ylor
Not Pub ic
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original Power of Attomey of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
Signed and Seal at Mount Juliet, Tennessee this Day of
4.BY
Andrew Smith
Assistant Secretary
.,WARNING: Any person who knOwinlty and with iotent to deftaud any insufance company or other person, files and aPplication for insurance of
claim containin! any malorially falsr infomaton, or conceals for the purpose of misleading, information concorning any fact malerial thereto,
commits a traua-rteni insurancJ act,wlrigtj q,a.c me and subjects such person to criminal and civil penalties "
SEAL
SEAL
at
Lexon lnsurance Company
Brian Beggs
President
resolutions as set forth are now in force.
4
16.A.14.b
Packet Pg. 988 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
E/.'t,btf
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: IhaT
Pulte Home Company, LLC
24311 Walden Center Dr. #300
Bonita Springs, FL 34134
239-4954085
(hereinafter referred to as -Owner") and Bo D No- LICfll84260
LeroD lDsuraDce Conpany
12890 Lebanon Road, ut. Juliet TL 37122
615-553-9500
(hsreinafter referred to as'Surety") are held and firmly bound unlo Collier Counly, Florida, (hereinaftBr
retened to as 'CounM) in lhe-Jotal aoqeqate sum ot Of,E EITXDf,ED SIrfY TIrc TtrOUSAl{L SEyENEUxDRm slrfY ArD' @/l0tF2,760.gg)n taw{ul money of .,\e Unrted States. ior the oavnrent of
y,,hich sum well and truly to be made,,,!e bind ourselves, our heirs. executors, administ alors, successors
and assigns, joinlly and severally, firmly by these presents. Owner and Surety are used for singular or
plural, as lhe conlexl requires.
THE CONDITION OF THIS OBLIGATION is such thal whereas, the Owner has submitted for approval by
lhe Board a certain excavation permil no. PL20 / 16D?rrSand that cerlain excavation permit shall
include spscific improvemenls which are requirsd by uorller County Ordinances aM Resolutions
(hereinafter 'Land Development RegnJlalions"). This obligation of the Surety shall commence on the date
lhis Bond is exeaited and shall continue until the dale of completion of lhe work and appmval by the
County of lhe specific imprcvements described in lhs Land Oevelopment Regulations (hereinatler lhe
'Guaranty Period") or untilreplaced by a new bond in the event of a change of Ovrnership.
NOW, THEREFORE. if the Owner shall well, truly and ,aithfully perlorm its obligations and duties in
accordance with the Land Oeveloprnent Reguhtions during the guaranty period eslablbhed by the
County, and lhe Owner shall salisfy all claims and demands incurrcd and shall fully indamnrfy and save
harmless the Counly from and againsl all costs and damages which it may suffer by reason of Owner's
failure lo do so, and shall reimburse and repay thc Counly all outley and expense wtich the Counly may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
efrect.
PROVIDED, FURIHER, that lhe said Surety, for value received hereby, stbulates and agraes thal
no change, extension of lime, alleralion, addition ct deletion to Ih€ proposed specific improvemeots shall
in any way affecl ils obligalion on this Bond. and il do€s hereby waive notice of any such change,
exlension of time, alleration, addition or deletion to lhe proposed specific improvements.
PROVIDED FURTHER, that it is expressly aqreed thal the Bond shall be de€med amended
automatically anc immediately, without formal and separate amendments hereto, so as to bird the Owner
and the Surety to the tull and faithful performance in accordance with he Land Oevalopment Regulalions.
The term "Amendment." wherevsr used in this Bond, and whether referring to this Bond, or other
documents shall indude any alteration. additioo or modification of any character whatsoever.
lN WITNESS WHEREOF, the Darties hereto have caused this PERFORMANCE BOND to be
executed this !t! _-dayof October'- 2019
WITNESsES: (Owner Name and Title if Corporation) Pulte Home
Compa qy-lLc
Print Name Ross RiPP 1e
Pri Name J. NichoSarris
3y
Printed Name/Title
(Provide Proper Evidence of Authority)
Gregory S. Rlves,AssistantTreasurer
i11105.016&l/1153600/11
las
-"-"> /=?,/%-//(i. '-
16.A.14.b
Packet Pg. 989 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
THE FOREGOING PERFORIVANCE BOND WAS ACKNNWLEOGED BEFOROctober . ZO t9 ByQ."8"ry S. f,ir* (NAME
49 Assistant Treasurer- @y, LLC
WHO IS PERSONALLY KNOWN TO YE. 9q H15-FRdDTTJC.D --ffi(Etr:
Nolary Pubhc - 51319 61 GEoRGIA
rlDted : Shlrley E. EutchlDs
wrTNtSsES lasurauce CoEpatry ' a T
y Nare aDd Title if Co
ACKNOWLEDGEMENT
Lexon
Suret
E ME THIS 4ttl DAY OF
OF ACKNOWLEDGER}
(NAME OF COMPANY)
AS IDENTIFICATiON,
(SEAL)
(""t" cptp$"iit 14.
rporiElQfJi,..
Printed Name Ross Ripple
Ptin ci
By
i
i,1 -
ean , Attortre
ame J. NicholasSarris
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
g1g1E gp GEORGIA
co UNTY OF TULMN
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEOGEO BEFORE ME 1g154th ;4y gp
October _, 20 lq . BY J9 an l{arusak (NAME OF ACKNOWLEDGER)
AS Attorney-ia-Fact (TTTLE) OF usuraDce any (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PROOUCEO KNOI'N AS IDENTIFICATION
Notary Public - Stale of GEORC IA
(SEAL)
Printed Name 1
l.r.Ets.0t650 7
SIXRLEY E hUICHIIIS
ilolary PuUt - Slille ol C,co.gra
Flrton CoAty
l/y Cr:mmsem ErDras Mar 18. 2Yl2
SHIRLEY E HUTCBINS
Nolery Pu r - StaE or Goo.g,a
Fulton County
Uy Crmm&eofl Erpres Mar 1E.2022
I15 tO5.01554/U5l5m/1t
r rey E. EutchiDs
STATE OF GEORGIA
COUNTY OF ETILTON
.'t"t :
16.A.14.b
Packet Pg. 990 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
POWER OF ATTORNEY
11776
Lexon lnsurance Company
KNOW ALL MEN AY THESE PRESENTS. thal LEXON INSURANCE COMPANY a Texas Corpo€lron, wllh its slatuto.y home otfic€ rn
Austin, Texas, does hereby conslitute and appoint: Brien O'Meara, D. Bryc€ Langen, Ellen Padesky Maturen, James Ossowski James
Zeumer, Jean Marusak, Kelly Yoakam, Kim Hill, Ross lrwin, Gregory S. Rives its lrue and laMul Anorney(s)-ln-Fac1 to make. execute, seal
and deliver for, and on (s behalf as surely, any and all bonds undertakings or other wntings obligatory in nature of a bond.
Thrs authonty is made under and by the authority of a resolution whrch was passed by the Board of Directors of LEXON INSURANCE
COMPANY on lhe 1st day of July, 2003 as follows:
Resolved, that the President of lhe Company is hereby authorized to appoint ahd empower any representative of the Company or other
person or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds. undertakings, polcies, contracls of indemnity o. othBr
writings oblgatory in naturo of a bond not lo exceed $8.000,000.00. Eighl Million Dollars, whach the Company might execule through its duly
elected office.s. and affix the seal of the Company thereto Any said executron of such documents by an Attomey-ln-Faci shall be as binding
upon the Company as if they had be€n duly execut€d and acknowledged by the regularly elecled officers of the Company. Any Attorney-ln-
Fact, so appointed. may be removed lor good cause and lhe authonty so granted may be revoked as specified in the Power of Attorney.
Resoived that the s€nature of the Presrdent and the seal of the Company may be aftixed by facsimile on any powe. ol attorney
granted, and the signatu.e of the Assistant Secretary. and the seal of the Company may be afrrxed by facsimile to any certilicate of any such
power and any such power or cenificate beanng such facsimile signature and seal shall be valad and brnding on the Company. Any such
power so execuled and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
contanue to be valad and binding on the Company.
lN WITNESS THEREOF, LEXON INSURANCE COiTPANY has caused this instrument to be signed by its President, and its Co.porate
Seal to be affixed this 22nd day ol Jvne,2018
LEXON INSURANCE COIIIPANY
BY
zVz+r
Bnan Beggs
President
On this 22nd day of June, 2018 before me, personally came Brian Beggs to me known, who bedulysworn, did depose and say that he
isthe Presrdent of LEXON INSURANCE COiIPANY lhe corporation described in and which executed the above rnskL/menti that he executed
said rnstrumenl on behalf oI lhe corporatron by authonty of his office under lhe By-laws of said corporation
BY
ylor
Not Public
BY
Andrew Smith
Assistanl Secretary
,'WARNING: Any p.rson who knowingly and with int6 t to defrrud any inaurlnco company or otho. perlon, filas and applic.tion tor in3u.anc. of
cLim containing .ny mat.rially falra iriormation, or conc.als to. tllo PUrPoso of mislotding, information concsrnlng any facl matarill th.r.to,
commits a lraudulonl in6u.anca acl, which i3 e crima and !ubj6ct3 such person to criminal .nd civil p.nalti65."
-.."i.'r3{2 AMY TAYLOR
Notary PublE. Starc of T6..3ssoe
Davdson County
My Commbsion Erpir€s 5-9.2023
CERTIFICATE
l. the undersigned. Assistanl Secretary of LEXON INSURANCE COiIPANY. A Tev€s lnsurance Company, DO HEREBY CERIIFY
that the original Power ol Atlomey ol which lhe forgoing rs a lrue and correcl copy, rs in full force and effect and has not been revoked and the
resolutrons as sel forth are now in force
sisned and sear at Mount Juliet, Tennessee,n," 4fh or, "t
C?+ - . ro 11
Z-z -4 -/-.
SEAL
SEAL
ACKNOWLEDGEMENT
16.A.14.b
Packet Pg. 991 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
CERTIFICATE OF INCUMBENCY
PULTEGROUP. INC,
The undersigned hereby certifisd that he is a duly eiectsd and qualiflBd omcer of Pultecroup, lnc,, a Michigan corporation
("Compan/).
The undersigned further certifies that below is a list of names, titles, and true signatures of authorized employees, all of
whom have sole authority to sign applications for letterc of credit on behalf of the Company and its subsidjaries in
connectjon with letters oi credit facillties and to sign surety bonds on behalf of the Company in connection with surety
arrangements:
Name Title Sltnature
Ellen Padeskv Maturen Vice President, oeputy GeneralCounsel, and secretary
0.8ryce Langen Vice Presjdent and Treaturer
lamea L. Os5owskr Senior Vrce Presrdent - Finance
James Zeumer Vice president - Investor Relations
Brien O'Meara vice President and Controller
leao Maru5ak Senror Risk Manager
G.etory 5. Rives Assistant Treasurer
ft^-"Qo, . ti i,i(Kimberly M. Hrll Vice Pre5ident - Tax
KellyMarie M. Conlon Assistant Secretary
Rots lrwin Assistant Secretary
Chandler Vorle5 Assrstan! SecretarY
E ric Franer Assrslant Secretary
,',{,,..4a l( Q
(
d1L.\c[
4
Todd N. Sheldon
Executive Vice President,
General Counsel, and
Corporate Secretary
Dated as of August 6, 2019
7t I o -Ya,bo,lYmatu...---
I
16.A.14.b
Packet Pg. 992 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
Prepared by and retum lo:
Scott Clem€nts
Araa General Counsel
Pulle Home Cornpany LLC
2301 Luoen Way, Suile 155
Maitland. Florida 32751
AFFIOAVIT
STATE OF FLORIOA
COUNTY OF OBANGE
BEFORE ME, the undersigned otlicer autho,izod to administar oaths, on this d8y personally appsared Scon
Clrmanla, nho upon baing duly swom, d€poses and says:
1 . He is over the ag8 ol eighteen ('18) years and has peBonal knowledge ol the ,acls staled hersin
2 He is ArBa G€noral Counsel, Vice Presidenl, and Assistsnl Sscretary o, Pultc Hom" Complny, LLC, a Michigan
limil€d liability company (lh€ "LLC'), successor by conversion ot Pulta Homr CorpoEtlon, a Michigan
corpoaation, which has never b€€n dissolved.
The individuals identiliod below hav€ b€€n duly authorizod to oxecute documgnts on bohalt ol th€ LLC in
accordance with lhe Signiflg Power B€solutions adopted by the LLC as of Janusry 1, 2017, curgntly in sltect aod
attached hereto in perlinent part as Erhbil 'A' (lh€ "S(Jning Powo.s Resolution'), and such documants. properly
execuled by the individuals idenlili€d bolow. on beheH ol thq LLC aro binding upon lhe LLC:
Palrr Kaana
B.ian Yon.lcy
Rich Mccormick
Anlhony L. Schull
Ell! FlQmlng
Nsomi Robortlon
Dlnirl Brycc Llngcn
Michlrl Wodcry
Area President (Florida)
Area Vbe PEsident - Financa (Florida)
Oivisim Prasidenl (Southv{sst Florida)
Vice Presidenl - Fanance (Southwest Floida)
Division Conlrollsr (Southwost Florida)
Division Controller (Southwost Florida)
V|ce P.esidgnl - Finance ancl Tr€Ssurer
Vico P.asijent - Land Acquisition (Southu.€st Floids) and/or
Dirsctor - Land Oovslopmont (Soulhv€st Florida)
Vaca Pr€sidenl - Land Devabpment (Solthwest Flonda)
Director - Land Devslopment (Soulhwest Flo.ida)
Vice Preside.ll - Con8lru€tion Opsratbns (Southwost Flonds)
Vice Presi@nt - Sales (Soulhwsst Flo la); and Assislant Sscrotary (Nodh
Floida, Wsst Flodda, Southeast Florida, and Southwesl Floids)
Vice Presideol and Assistanl Secrstary
Assislanl Secrstary (North Florida, West Florida, Soulheast Florida,
and Southw€st Florira)
Assistanl Secrstary (Norlh Florida, Wesl Florida, South€ast Florids,
and Soulhw€sl Flodra)
Assrstanl S€c(stary (Nonh Fboda, Wesl Florida, Soulhoast Flo.ire.
and Soulhw6st Florida)
Goneral Sal€s Msnager (Soulhrlrssl Flonda) 8nd Assistanl Socrelary (Norlh
Florida, West Flo,ida, Soulhoasl Florida, and Southwest Flonda)
Gonaral Salas Manager (Southwost Florids)
General Sales Manag€r (Southwsst Flonda)
General Sales Manag€r (Southwest Floida)
Assistanl S€crstary (North Fbrida, Wsst Florida, Southeast Florids,
and Southvr$t Florida)
Mikc Huenik"n
Scott Brooks
K.llh Stcw.rt
Jothua Greava
Scotl CLrranla
Mlchrol Bhkr L.pln*y
Cruig Ru!!o
Mrrk Edward Hotlcrbcrlh
Juslin Wood
Ct tll Andarlon
G.org. Zrlucti
M.tt Pa.cock
Otv! Achlc
Additionally and spgcilically, Mrry Noc.rr .nd (rura Ray, rn thgir rsspaclive capacities as Closln9,Homabuyat
Coordlnrlor!; Clrlltr AndaEon, Jurtin Wood, l rt! Pocock, and Gaorga Zrluckl, in th6ir respscliv€
capacitios as Ganaral Sllar lLnagon; Ellr Flaming and Nlomi Rob.naon, in tharr respoctw capacittes as
Olvlalon Conlrollars, haw bsen duly authorized to execul8 (i) contrac.ts ,or lhe sale ol r€sidonlial hom6s o, lots to
consumsrs (not to anolher business), and (ii) deeds of corwoyance and all other documenls thal are rclovant or
incidenl to the sal€ and closing of ,ssid€nlial hom6s or lots to consum€rs (nol to anothar bu6iness). irEluding any
mo(gago-relaled documenls, such as buydov{n agreements or other rolovant docum€nls, on bshall ot the LLC,
and such documsnts, properly erecuted by srrch indviduals on behalt ol the LLC, ar6 binding upon th€ LLC. Any
abovedascribad dodrmqots propsrly 6xecutsd pio, to lh€ dat€ ol this Arlidavit by Nicol! F !itl!, a6 SaLt
C {rnr.u@esUpco.r.\Loc.nM.6r.ltwodod\lnrpd.ry lnrnr.r Fts\C$r..t.O!ioor!5MJ7w53\Swr lFC 05!5r3 (!t) doc
16.A.14.b
Packet Pg. 993 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)
4
Accounling l,lrnaglr and/or Laura Rty as Adnlnltlrltiw Mrnlgrr. oo behal, of lhe LLC, ar€ and will remain
binding upon the LLC.
The Signing Powers Resolutioo, ParagBph C., RESOLUTIONS, l-V, Vll, and Vlll, id€ntiiG certain titlss in tho
Divisron Specilic Signing Powsr sections. which ttlos a.6 cla.iti6d and shall consspond as set lo.th below:
A. Omi6sion ol the words 'Gull Coast,' "Nonh Florida,' l rest Flo.ids,' 'Florida,' 'Soulhaast Flo.ida' or
Soulh$/est Florida' ater an ollicor's name does nol constiluto impropor, irrcomplets or incollgct
ex€cution and does nol atlecl o. limit th€ autiorjty ol th6 olhe.wbs duly authorizad oflice. in any
way;I Division VPloi,ector ol Finsnce shall m€an either a Oivisbn-lev8l (i.s., Southw€st Flonda-levol)
Vice Presir8nl - Finance or a Darector ol Financ€;
C. Oivision VP/oirector ol Land DevelopmonyAcqu6ilioo shall mean alher a Oivision.levsl (i.e., a
Southri€sl Florida.l€v€l) Vic€ PrgEirent - Land Devglcpment oi Vica Pr8sid€nl - Lsnd Acquisitioo;
or oither a Oireclor ol Land Oevelopment o{ a Oirector of Land Acquisition;
D. Oivision VP/Director ot Construction Op€rations ghall also meen eilher a Oivision-leval (i.e,.
Southry€st Florida-level) Vic€ Pr€sidsnt - Conskrction Opsrations or a Direclor ol ConslflJction
Operations,E. DivisiorvProiect Controllar shall atso mean either DivEion Conlroller or Projecl ControllefF. Division VP ol Sale6 shall also mean Vics Pr6idsnl - Sale6.
TIlo LLC as not now and has n€wr been a debtor an a bankruplcy proce€dng du.ing tho €xrstonce ot the LLC.
This Allidavit ls grv€n lor tho purposes ot evdencing incumbeocy and aulhority ol th€ employees named abovo and
pu.su6nt to the provisions ol Soclion 6E9.045, Florira Statutes.
6
{h,L Oy
Scon M. Clcmontr
sworn to and sub6crihd bolore me ^r21k ,, m18, by Scott M. Clemonts. Area
Genoral Counssl, Vice Presbenl, and Assistant Sgcrslary ol Pullo H
cofipany, on behall ol the LLC. rvio is p€rsonally knoun lo m€.
Company, LLC, a Mrchigan limitsd liability
ly V. Co.t!ntino
, Strl! o, Florid8
Com
No.: FF94200O
Erplr.!: 01/23/2020
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16.A.14.b
Packet Pg. 994 Attachment: Bond Basis (27152 : Excavation Bond Release - Manatee Cove)