Agenda 04/23/2024 Item #16A 6 (Release of a Performance Bond for work at Avalon Park Phase 4)04/23/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $191,480,
which was posted as a guaranty for Excavation Permit Number PL20210000630 for work associated with
Avalon Park Phase 4.
OBJECTIVE: To release a security that was posted as a development guaranty.
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. The Performance Bond was posted as security for an Excavation Permit associated with Avalon
Park Phase 4. The As-Built lake cross sections have been received, and the lakes were inspected on February 28,
2024, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guaranty 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
$191,480. 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, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.6
Packet Pg. 273
04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 28280
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $191,480, which was posted as a guaranty for Excavation Permit Number PL20210000630 for work associated
with Avalon Park Phase 4.
Meeting Date: 04/23/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
03/07/2024 12:23 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
03/07/2024 12:23 PM
Approved By:
Review:
Development Review Brett Rosenblum Other Reviewer Completed 03/08/2024 10:12 AM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 03/13/2024 2:19 PM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
03/15/2024 4:55 PM
Operations & Regulatory Management Michael Stark Other Reviewer Completed 03/22/2024 10:56 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
03/22/2024 4:15 PM
Unknown Jaime Cook Division Director Completed 04/02/2024 12:56 PM
Growth Management Community Development Department James C French Growth Management Completed
04/09/2024 10:52 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/12/2024 11:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2024 11:59 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/12/2024 3:01 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 04/15/2024 8:44 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/15/2024 10:01 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.A.6
Packet Pg. 274
AVALON PARK PHASE 4
LOCATION MAP
16.A.6.a
Packet Pg. 275 Attachment: Location Map (28280 : Excavation Bond Release - Avalon Park Phase 4)
THIS EXCAVATI(na4/f),204
EXCAVATION PERFORMANCE AGREEMENT
oN PERFORMANCE AGREEMENT entered into this l?M oay of
between Pulte Home Company, LLC hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et 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. PL20210000630 (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
$ 191.480.00
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.
4
5
o
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 Manageds approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under thisAgreement, upon certification. of such failure, the County Maiager or Aesigneemay call upon the excavation performance security to secure satisfaitorycompletion, repair and maintenance of the Excavation work. The Board shal havethe right to construct and maintain, or cause to be constructed or maintained,pursuant to public advertisement and receipt and acceptance of bids, the
1.
2.
3.
16.A.6.b
Packet Pg. 276 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
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, Iegal 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 herean contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this t?hday of (Y1f'..(t.-.t ,20 Zl .
SIGNED IN THE PRESENCE OF Pa,*/, ul-.c-.
7
Sign
t)r>r",
Printed Name
Sign
Crystal K. Kinzel, CLERK
Clerk of the Circuit Court & Comptroller
Coliier County, Florida
oved as to fo nd legality
D
Derek D. Pcrry
Assistant County Attorney
Michael Huenikeni VP of Land Development
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BO
OF
By:
ARD OF COUNTY COMMISSIONI]RS
COLT,IER COTJNTY ,%:ry-
LZ4-
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
Printed Name
ATTEST:
4 /-.'7r/.2' L--
By:
16.A.6.b
Packet Pg. 277 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
Rond r0800794
PERFORMANCE BONO
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
PulLe Home ComPanY' I-LC
2431I Walden Center Drive' Suite 300
Bo4ita Slrings EL 34134
(hereinafter refened to as "Owns/') and Harco National Insurance ComPany
702 Oberlin Road, Raleigh, NC 27605
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter refered to as "Surev') ar€ held and firmly bound unto Colli€r Counly, Floida, (heroinafter
rgfened to as "County") in the total aggregate sum of -:- Dollars I 91.480.00 ) in laMul
money of the United States, for lhe paym€nt of which sum well and tuly to be made, we bird oursetoes,
our heirs, executors, administrators, successors and assigns, jointiy and severally, llrmly by th€se presents.
Owner and Surety are used for singular or plural, as the context r€quires. "oNE HUNLIRI]D NINLfY oNll rIIousAND
IOUR HUNDREI) E]GHTY A\-D 00/100
THE CONDITION OF THIS OBLIGATION ls such that wh€reas, the Owner has submitted for approval by
tha Board a cerlain oxcavalion p€rmit no.l!]!.1!9lg- and that cartain excavation pormit shall include
specific improvements whlch are requirod by Collier County Ordinances and Resolutions (hereinatter "Land
Development Regulations'). This obligation ofthe Surety shall commence on the dato thas Bond is executod
and shall continue untll the date of complstlon ot the work and approval by the County ol the specific
improvements described ln th6 Land DBvelopment Regulations (hereinafter th6 "Guaranty P€rbd") or until
replaced by a new bond in lhe event o1 a change of Ownership.
NOW, THEREFORE, if ths Ownar shall well, truly and failhfully perform its obligatlons and duties in
accordanca with ths Land Oevdopm€nt Regulations during the guaranty period established by the County,
and the Owner shall satisi/ all claims and damands incurred and shall fully indemnifu and save harmless
th6 County rrom and against all costs and d8meg€ which it may oufrer by reason of Own6/s failure to do
so, and shall reimbursa and rBpay the County all outlay and expense which lhe County may incur in making
good any d6fault, then this obligatlon shall b€ void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, lhal the said Surev, for value received hereby, stipulates and agrees that no
chang€, extension of time, alteration, addltion or deletion to the proposed spocific inprovements shall lfl
any way affec{ its obligatlon on this Bond, and it does h€reby waive nolice of any such chang€, extension
of tim€, alteration, addilion or deletion lo the proposed specmc improvements.
PROVIDED FURTHER, that lt is oxpressly agr€6d that ths Bond shalt be deemsd amonded
automatically and lmmediately, without fotmal and soparate amendmBnB hsreto, so as to bind the O ner
and the Sur€ty to the full and falthful perrormance in ac@rdancs with lhe Land Devebpmant Regulations.
The term Tmendment," whersver used in this Bond, and wh€th€r ref€ning to this Bond, o{ otherdocuments
shall include any alteration, addition or modmc€tion of any charactor rilhatso€ver.
lN WITNESS WHEREOF, the parti€s hareto have caused this pERFORMANCE BOND lo b6 executedthis 8d1 day of April,202l
WITNESSES:(Owner Name and Title if Corporation)
a'1
By SEE A'I'TACHED SIGNATURE PAGE
Fb"r")
ted Neme
6, s.D. Bryce Langen, VP & TrcasurerPrin
Prin Name
Printed Name/fitle
IProvide Proper Evidence of Authority)
[1s-rrs{r564/rt93600/1]
.&
16.A.6.b
Packet Pg. 278 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
thexecuted this day of 2021
l,^l+,l-Je
PRINCIPAL
It
BY: D. Bryce , VP & Treasurer
Notary Attached
t.)
16.A.6.b
Packet Pg. 279 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
STATE OF
couNTY oF-rr,r.roN
Notary Public - State of __!l)BsJt-
Na
Shirley E. Hut
ACKNOWLEDGEMENT
Har.o Nationall nsur'an.e (lom
Iamcs i. M ttorn€Y-i -Fact
Gr.roRailA
THE FOREGOING PERFORMANCE BONO WAS ACKNOWLEDGED BEFOREME BY MEANS OF
E PHYSICAL PRESENCE OR E ONLINE NOTARIZATION THIS STH DAY OF APTiI ,
20_L BY ,D. I]ryce Lxngc. _ AS ]-:":"... , OF puttc irt,nrc (:ompan),l.Lc ) WHO lS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
J"-.*^L
WITNESSES:
Ditrnc Rubright
Printed Name
(Surety Name and Title if Corporation)
BY:
| ..r'-r-!-t .Ii-..-\,.,-...FL License No. AI8ll00Printed Name/title
K"ttil. G;ia*'
Printed Name
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Illinois
COUNW OF outlage
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEF
El pnvstcar pRESENcE oR floNLtNE NorARrzATtoN THrs srr,
ORE ME BY MEANS OF
DAY OF Auril
20 )\ , BY (NAME OF ACKNOWLEDGER) AS
PERS ONALLY KNOWN TO M E, OR HAS PRODUCED
(flTLE)
hnnsell
Name Alexa (lostello
r4.EIS-02650 ?
oF (NAME OF COMPANY) WHO lS
AS IDENTIFICATION,
(sEAL)
SHIRTEYE HUTCHlNS
Nolary PLrb ic - Slale oi Georgra
Fulton CounlY
lry Commission Expires [rar 18,2022
I15- L 05{ 1664/! 153600/rJ
Notary Public - State of Il,in. ,.
Lri/o+a lr.,rhllr
16.A.6.b
Packet Pg. 280 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies o,IAT lnsurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
Bond # 0800794
Princlpal Pulte HomeS CompanV, LLC
oblisee Collier Countv, Florida
KNOW ALL MEN BY THESE PRESENTS: Thal HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the ,aws of
the State of lllrnois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporalion organized and existing under the laws of the Slale of New
Jersey, and having their principal offices located respeclively in lhe cities of Rolling Meadows, lllino s and Newark, New Jersey, do hereby conslilule and
appoinl
James l. Moore
lN wITNESS WHEREOF. HARCO NATIONAL INSURANCE CoMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attesled ihese presents
on this 2nd day of June 2o2o
their lrue and lawful atiomey(s)-in-fact to execule, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, conlmcts of
indemnity and other writings obligalory in the nalure thereof, which are or may be allowed, required or permitted by lau slatute, rule, regLrlation, contracl
or olherwise, and the execution of such inslrument(s) in pursuance of lhese presenls, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and II{TERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intenls and purposes, as ifthe same had
been duly executed and acknowledged by their regulady elected ofllcers at their principal offices.
This Power ofAllorney is executed, and may be revoked, pursuant Io and by aulhority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granled under and by aulhodty of lhe following resolution adopled by the Board ol
Oirectors of INTERNATIONAL FIDELITY INSURANCE COiTPANY at a meeting duly held on the 20ih day of July, 20'10 and by the Board of Directors of
HARCO NATIONAL INSUFTANCE COMPANY al a meeting held on the 13th of December, 2018
"RESOLVED, lhat (1)the Chief Executive Officer. President, Executive Vice President, Vice President, or Secretary of the Corporation shall have lhe
power to appoint, and to revoke lhe appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in lheir respective powers
of attorney, and to execule on behalf of the Corporalion and affix the Corporation's seal thereto bonds, undertakings, recognizances, contracts of
indemnity and other written obligations in lhe nature thereof or related thereto; and (2) any such Ofllcers of the Corporation may appoint and revoke the
appointments of joint-control cuslodians, agenls for acceptance of process, and Altomeys-inJaci with authority to execute waivers and consents on
behalfofthe Corporation; and (3) the signature of any such Otflcerof the Corporation and lhe Corporation's seal may be afiixed by iacsimile to any power
of atlorney or ceriification given for the execution of any bond, undenaking, recognizance, conlract of indemnity or other written obligation in the nature
thereof or related thereto, such signature and seals when so used whelher heretolore or hereafter, being hereby adopted by lhe Corporation as the
original signature ol such officer and the original seal of lhe Corporation, to be valid and binding upon the Corporation wilh the same force and effect as
thouqh manually afllxed."
STATE OF NEW JERSEY
County of Essex uLa--
STATE OF ILLINO
County of Cook
Kenneth Chapman
Executive Vice Presidenl Harco Nalional lnsurance Co
and lnternalional Fidelity lnsurance Company
mpany
ing instrumenl, lo meOn this 12th day of May 2o2o , before me carne the individual who executed the preced
being by me duly swom, said he is the there n described and authorized ofrlcer of HARCO NATIONAL INSI.JRANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; lhat the seals affixed to said inslrument are the Corporale Seals of said Companiesi that.the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
lN TESTIMONY WHEREOF, I have hereunlo set my hand afllxed my Officiat Seat, at the City of Newark,
New Jersey the day and yearfirst above written.
__- t' . "t "ts ^ tt -:
''liril,'i=N Shirelle A. Ouley a Notary PublicofNew Je.sey
My Commission Expires Apfl 4 ZO23
CERTIFICATION
l, lhe undersigned officer of HARCO NATIONAL INSURANCE CoMPANY and INTERNATIONAL FtDELITY TNSURANCE coMpANy do hereby certify
that I have compared the foregoing copy ofthe Power ofAttomey and affidavit, and lhe copy otthe Sections of lhe By,Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and ofthewhole oflhe said o.iginals, and that the said Power ofAttorney has not been revoked and is now in fullforce and effect.
lN TESTII4ONY WHEREOF, lhave hereunto set my hand this Brh day ol Apnt.2a21
C-t-ka
VER2 2/20r9 e'POA S nsle-PrincipalObrigee lrene Marlins, Assislant Sec.etary
<]n-,.b A.
16.A.6.b
Packet Pg. 281 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
Prepared by and retum to:
Scott Clements
Area General Couns€l
Pulte Home Company, LLC
2301 Lucien Way, Suite'155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
Peter Keane
Brian Yonaley
Rich McCormick
Anthony L. Schutt
Naoml Roberlson
Daniel Bryce Langen
Gregory S. Rives
Michael Woolery
Steven Gust
Glenn Hasenfus
Mike Hueniken
Scott Brooks
Keith Stewart
Joshua Graeve
Wes Copeland
Travis Hucks
Scott Clements
Micha€l Blake Lapinsky
Craig Russo
Justin Wood
Area President (Florida)
Area Vice President - Finance (Florida)
Division President (Southwest Florida)
Vice President - Operations (Southwest Florida) and
Vice President - Finance (Southwest Florida)
Oirector - Finance (Southwest Florida)
Vice President - Finance and Treasurer
Assistant Treasurer
Vice President - Land Acquisition (Southwssl Florida)
Director - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Vice President - Land Development (Southwest Florida)
Director - Land Development (Southwest Florida)
Vice Presid6nt - Construction Operations (Southwest Florida)
Vice President - Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Vice President - Purchasing (Southwest Florida)
Director of Product (Florida Zon6)
Vice President and Assistant Secretary
Assistant Secretary (North Florida, West Florida, Southeasl Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwsst Florida) and Assistant Seffetary (No(h
Florida, West Florida, Southeast Florida, and Soulhwest Florida)
Additionally and specifically, Naomi Roberlson, as Director - Finance; Justin Wood, as General Sales
Manager; Ella Fleming as Division Controller; and Laura Ray, Ghrlsticia Marconi, Joann Frazier, Ashley
Sherrill, Maleine Beltran, and Cindl Diekelmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) contracts for the sale of residential homes or lots to
consumers (not to another busin€ss), and (ii) deeds of conveyance and all other documents that are relevant or
incident to the sale and closing of residential homes or lols to consumers (not to another business), including any
mortgage-related documents, such as buydown agreements or other relevant documents, on behalf of the LLC,
and such documents, properly executed by such individuals on behalf ofthe LLC, are binding upon the LLC.
Further, Deniel Bryce Langen, as vice President-Finance and Treasurer, and Gregory S. Rives, as Assistant
Treasurer, have been and are duly authorized to execute bonds and any other bond-related documents on behalf
of the LLC, and such documents, properly executed on behalf of the LLC are binding upon the LLC.
FloorpslsERl€9al\Cosbnlim\Fdms\Aulttciyrsla/F PHC 012021 (tuI).doc
BEFORE ME, the undersigned officer authorjzed to administer oaths, on this day personally appeared Scott M.
clements, who upon being duly sworn, deposes and says:
1 . He is over the age of eighteen (1 8) years and has personal knowledge of the facts stated herein.
2. I-le is Area General Counsel, Vice President, and Assistant Secretary of Pulte Home Company, LLC, a Miclrigan
limited liability company (lhe "LLC"), successor by conversion of Pulte Home Corporation, a Michigan
corporation, which has never been dissolved.
3. The individuals identified below havs been duly authorized lo exacute documents on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1, 2017, cunently in effoct and
attached hereto in pertinent part as Exhiblt "A" (ths "Signing Powers Resolution'), and such documents, properly
executed by the individuals identified below, on behalf of the LLC are binding upon the LLC:
16.A.6.b
Packet Pg. 282 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
4. The Signing Powers Resolution, Paragraph C., RESOLUTIONS, l-V, Vll, and Vlll, identifres certain titles in the
Diyision Specillc Signing Power sections, which titles are clarified and shall correspond as set forth below:
A. Omission of the words "Gulf Coast,' "North Florida,' "West Florida," "Florida," "Southeast FIorida" or
"Southwest Florida" after an officer's name does oot constitute improper, incomplete or inconect
execution and does not affect or limit the authority of the otherwise duly authorized officer in any
B. Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Floridalevel)
Vice President - Finance or a Director of Finance:
C. Division VP/Director of Land DevelopmenuAcquisition shall mean either a DivisionJevel (i.e., a
Southwest Florida-level) Vice President - Land Development or Vice President - Land Acquisition;
or either a Director of Land Oevelopment or a Director of Land Acquisition;
D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e.,
Southwest Florida-level) Vice President - Construction Operations or a Director of Construction
Operationst
E. Division/Project Controller shall also mean either Division Controller or Prdect Controller;
F. Division VP of Sales shall also mean Vice President - Sales.
The LLC is not now and has never been a debtor in a bankruptcy proceeding during lhe existence of the LLC.
This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045, Florida Statutes.
,ff'LL"
Scott M. Clements
Swom to and subscribed before me Oy means oi X pnysical presence or
-
online notarization ,n 8t*
of
5
6
PU ome Com .L
2021, by Scott 14. Clements, Area General Counsel, Vice President, and Assistant Secretary of
LC, a [.4ichigan limited liability company, on behalf of the LLC, who is personally known to me.
Prin N lly V
Notary P
Commis o.: G
Commission Expires : 0 1 I 2312024
. Costantino
of Florida
G929396
#KELLY V. COSIANTINO
Commisrion I GG 9293!6
ErDrros January 23, 2024
8od!d Tlvu h, Fdn lns6n'e 80G38t7019
f :\Gr@ps\SERLegaflCosta.!rc\Fo,mslAulho.ily\SwF ptic 01 202 j (tuI).d6
16.A.6.b
Packet Pg. 283 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
EXHIBITA
SIGNING POWER RESOLUTIONS
FrcroupslsERtegsfi Clst. ino\Foins\Aulrbrirgsvw pHC O I ZOA1 (tun).&c
16.A.6.b
Packet Pg. 284 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
CERTIFIED RESOLUTIONS
OFTHE BOARD OF DIRECTORS OF
PULTE HOME COMPANY, LLC
I, Scott M. ClemenLs, herby certi$ that I am a duly elccted and acting Assistant Secretary
of PULTE HOME COMPANY, LLC, I limited liability company aut]rorized ard eristing under
the laws of the State of Michigan; that attached is a true copy of the resolutions sdopted by the
Board of Directors ofthe limited liability company to be effective January l, 2017; and that such
resolutions have not been rescinded or modified, and do not contrayene any provisions of tlre
Articles of Organization or Operating Agrcerncnt of said limited liability company.
IN WITNESS WHEREOF, I have here unto set my hand this 3d day of January,20l7.
d'k
Scott M. Clements, Assistant Secretary
STATE OF FLORIDA
COUNTY OF ORANGE
On January 3,2017, before me, Kelly V. Costantino, a Notary Public in and for said State,
personally appeared Scott M. Clements, personally known to me lo be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signaturc on the instrumenl fie entity upon behalfofwhich
the person acted, executed the instrument.
WITNESS my hand and official seal-/.&*^*;
Itv ostantino, Notary Public
Oran ty, Florida
My Commission Expires: 0l/2312020
)
)
)
#KEIY V. COSTlfiIl]lo
C0lrnisslon, FF 942099
Ap&as Jlru8ry B,2fA
16.A.6.b
Packet Pg. 285 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
PI'LTE HOME COMPAI{Y, LLC SIGNING
POWERNTSOLUTIONS
A. DEFIMTIONS,
As used in lhese rcsolutions:
"sjgpi4C-ryi' means the power and autiority to exccute and dcliver an BgrEement, instrument
on other document.
'Q9!9gl_$iStrilg_Egwef' means signing power rclating to the ordinary course of busincss of
PULTE HOME COMPA].[Y, LLC (the "Cqnpsry") generally, without restrictioo to a particuler Division
or pmject, both in 0re Company's own copecity and in any instances where it is the managing psrtner or
managing member of ajoint venture (the "Ppftegbip").
'D!y!S!sL!pE9!!g-$ jSdlS P9E9i' means signing power rclaling only to the ordinary coune of
business of a Division ovcr which fte officcr, mon8Bct, or employee in qucstion has msoagement
rcsponsibility, both in the Company's own capacity and as managing parlner or managing member of the
Partnership,
B. PU.RP-OSE.
The purpose ofthese resolutions is to establish the signing power ofcenlin employecs of thc
Company, both in thc Company's orvn capacity and as managing partner or managing member of lhe
Partrrcrship, Copics ofthese rcsolutions may be delivered to titlc companies and othcr partics who rcquire
cvidence ofthe signing power ofan employee. No employee of the Company may subdelegate his orher
signing power except as cxpressly provided in these rcsolutions by use ofthe words: t'Other title(s) or
person(s) designated in writing by . . .",
C. RTSOLUTIONS.
RESOLVED, that the following officers, managers, or employees of the Company shsll have the
General Signing Power or the Division Specific Signing Porver, as indicsred in the cha(s below:
EXHIBIT A
16.A.6.b
Packet Pg. 286 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
DeveloDment of Reol Proncrtv
l. Gencral DevcloomenL Applications, tentstive and finalsubdivision plats and maps, development
agr€emcnts, land development agreemcnts, amenib, conbactor sgrcements and all other
documents that 6rs relevanl or incident to lhe development of real property in which the
Compeny or lhe Partnership has any interest, oiher than documcnts cootemplated in patt
VI bclowr
Generul Signhry Power Dlvbioa Specilic Signing
Power
Area PresidentChairman of fte Board
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Division VPiDircctor FinanceScnior Vicc President
Vice President Division VP/Director of Land
Development/Acquisirion
House Construction Agreeme4i. Conu-actor sgreements, construelioo sgeemenh
contracts, purchasc orders, pricing scheiulcs, scopcs ofwork and all olhcr docunrcots lhat
sre rclevant or incident to thc constrxction of rcsidential homcs and amenities thereto in
whieh the Company or the Pannership hss any i erest, otfier lhsn documcnls contemplated
in the immediately abovc this one:
Generul Siguittg Power D lv isi o n S p e ciJic I i gn I ng
Powet
Chairman ofthe Board Area President
ChiefExecutive Officer Area VP Finance
President Area VP Construc n Operations
Executivc Vice President Area Purchasing Direetor
Scnior Vice Presidcnt Division President
Vice Prcsident Division VP/Director Finance
Division VP/Director of
Construction Opcrations
Division Purehasing
Di
Sloro Watcr MBnagemEtrl
ll. Notices of intent, notices of rermination, stom watcr pollution prcvention plans, reports,
certifications or othrr documentation rh8t is rclevant or incidenr to' srorm walei
Page 2 of 7
EXHIB!T A
16.A.6.b
Packet Pg. 287 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
EXHIBIT A
management snd ercsion conllol in thc developmcnt of real propcrty and/or construction
of homes io which the Com or thc has intcrcst,
Sale qnd ClosinEgf Residcntial Homos or Lols
IIt. Contraels for the sale of residential homes or lots to qgpgg5 not to anothcr busincss).
Dlvlslon Specific Slgn hry
PowerGenerol Slgnlng Power
Area PresidentChsirman ofthc Board
Chicf Executive Officer Area VP Finance
Prcsident
Exccutivc Vice President Division President
Arca VP Land
Senior Vice President Division VP/Dircctor Finance
Vicc President Division VP/Director of Land
Development/Acquisition
Division Storm Watcr Compliance
Represenlative
General Siguitrg Power D irtki o u Spe c ili c S i g n hry
Pover
Chairmsn of the Board Area President
Chief Executive Officcr Area VP Finance
President Division Prcsidcnt
Execulivc Vice Prcsident Division VP/Director Finance
Senior Viee Prcsident Division Contmllcr
Vicc President Division VP of Sales
Ceneral Salcs Manager
Closing/Homebuyer Coordinator
Any ofthe following employees of
eithcr Pulte Mortgage LLC: Vice
Presidenl Eranch Manager and
erttaryAssistant Se
lowing employees of
eilher Sun City Tirlc Agcnry, lnc. or
PGP Title, lnc. or PGP Title of
Florids" tnc.: Vice Presidcn!
Escrow Manageq Escrow
Supervisor, Director-Closing
Services, and Titlc Ofticer
Any ofthe fol
Pagc 3 of7
16.A.6.b
Packet Pg. 288 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
IV.Deeds of convcyanec end sll o6er documcnts lhat are relevant or incident to the salc and
closing of residcntisl homcs or loG to consumers (no! to another business), including any
such as enls or other rclevanl doEuments.
Closing ofthe Purchase and Sale ofReal Proneray
V. Contracts, deeds and all other closing documens for the purchase or sale ofreal property (orher
the sele and ofrcsidcntial homes or lo{s to consu mers).
Other title{s) or person(s) designatcd
in wriling by cither the Area
President or Arcr VP Finance
General Signing Power Divisl o n Speclfi c Slgn In g
Power
Arca PresidentChairman of the Board
ChiefExecutive Ofricer Arca VP Finance
President Division Prcsidcnt
Executivc Vice Prcsident Division VP/Director Finance
Division ConlrollerScnior Vice President
Division VP of SalesVics Presidenr
Ceneral Sales Manager
Closin g/Homebuyer Coordinator
Any ofthe following cmployecs of
eithcr Pulte Mortgsge LLC: Vice
Presidcnt and Branch Manogcr
Any of thc lollowing cmployees of
cithcr Sun City Title Agency, lnc.
or PCP Titlc, lnc. or PGP Titlc of
floride, loc.: Vice Presideng
Escmw Manager, Escrow
Supervisor, Director-Closing
Scnices, and Title Offic*
olhcr ritte(s) or person(s)
dcsignaled in writing by either the
Area Prcsident or Area VP Financc
Genenl Signing Power D ivklo n Sp eclJic Sig ni ng
Pawer
Chairman of thc Board Ares Prcsident
ChiefExccutive Ofricer Arca VP Finance
Pruident Area VP Land
Page 4 of7
EXHIBITA
16.A.6.b
Packet Pg. 289 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
Execurive Vicc President Division President
Senior Vice Presidenl
and General Counsel
ofFinanceDivision
Other title(s) or pcrson(s)
desigooted in writing by
rcsolution(s) ofthe
Board of Directors
Division VP of Land
Developm ent/Acquisition
Rcal Prooertv Financing and [,aod BonkinLlransaclioos
Vl. Documonls relsted to 8ny ol the lollowing resl propcrty financings and land banking
transsctions:
Traditional Financing. Loan agreemcnls, securify agreements, promissory noes, deeds oI
trust snd all odrr documcnts that are relevant or incident to lhe financing ofthe purchase
and/or devclopment of resl property.
b. Spccial TBxine District Finsncine. Loan agreements, security agrcements, promissory
notes, decds of trusi and all other documcnts snder which the Company or th: Partnership
is a party that are relevant or incident to a Speeia! Taxing District Financing (delincd
belorv), g$gl.]fup documelts conlcmplated in Guarantees and EnviroDmental lndemnities,
"SgiSlfs$!&Dindc!-Ei0g!9iqS" means a financing tkough the issuanee of bonds by a
community devclopment district, community facilities disaict, municipal utility dislrict,
county or municipsl improvement disfict, l8x incrEmental district or other similor special
purpose unit oflocsl government.
Ousraniees snd Envirormertsl lndemnities. Guarantees ofpayment or performance ofthe
obligations of another erlity (rvhelher in thc form of a payment Buaranty, indemniry or
o0rcr documelt), mainlenance or rcmargining guaranlees and environmcntal indemnities
in connection with development financing.
d. Land Bankine Transaclions, Assignmenb ofconlracts to purchase real property, options
to purchase real property, developmcnt agrecments and other documents evidcncing
srrangcments with an intermediary, such as a land bankcr, to purchase or develop mal
prop€rty.
Oeneral Signing Power D lv isi on Specifi c Sig n ing
Power
Chief Financial Officer of
the publicly traded ultimate
Parcnt
Trcasurer of the publiely
tBdcd ultimEtc parent
a
c
Page 5 of7
EXHIBIT A
16.A.6.b
Packet Pg. 290 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
EXHIBIT A
Licepsca
Vtl. Documents neccssary to obDin licenses and dcparlrnsnt oiresl cslstc public rcports or similar
documens in Cslifomia 8nd olher states as, withoul !imitatiorL fuizona and Ncvada).
CC&Rs
VIII. Restrictive covcnonts, conditions, restrictions, eEsemEnts and olftcr similar righls or
restrictio$s, commonly known as CC&Rs, affecting rcol propcrty or improvementson rcal
property, snd documcnts ralEtinE to CC&R& such as the organizotional documenb for the
rclatcd homeowners' or owncrs' associslion.
RESOLVED FLJRTHER, that all lawful acts specilically dcscribcd in the immediately prcceding
resolution, undertakcn prior lo the adoption oi thcse resolutions, in the company's own capacity or rs
managing parher or maneging mcmber of the Pannership, are hercby ratified, confirmEd and adolred by
the Compsny.
Dbision Spccifc Slgnhry
Powet
Chairman of the Board Area President
ChiefExecutive Officer Area VP Finance
Prcsidcnt Arca VP Land
Division PresidentExecutivc Vice President
Division VP/Director of FinanceSenior Vice President
Division VP/Dircctor SalesVice Presidcnt
Division VP of Construction
Operations
Area VP/Division VPiDirector Lan
Acquisitiory'Devel
General Slgnlng Power Division SpeclJic Slgnlng
Power
Chairman of the Board Area President
Chief Executivc Ofiicer Area VP Finance
President Arcg VP Land
Executive Vice President Division President
Senior Vice Prcsident Division VP/Dircctor Finance
Vice President Division VP/-D irector Land
Acquis itiory'Developmcnt
Page 6 of7
General Signlng Power
16.A.6.b
Packet Pg. 291 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)
EXHIBIT A
RXSOLVED FURTIIER., that any Signing Power Resolutions or Powers ofAdomey and Orens
ofAgency previously issued or adopted by thc Cornpany are hereby terminated, rcvokcd snd superseded in
their entirety by these resolutions.
Ellcctive as ofJanuary I, 201 7.
Page 7 of7
16.A.6.b
Packet Pg. 292 Attachment: Bond Basis (28280 : Excavation Bond Release - Avalon Park Phase 4)