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Agenda 01/14/2025 Item #16A 5 (Resolution and release of the maintenance security for the final plat of Del webb Naples, Parcels 107-108)1/14/2025 Item # 16.A.5 ID# 2024-2184 Executive Summary Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements for the final plat of Del Webb Naples Parcels 107-108, Application Number PL20160000906, and authorize the release of the maintenance security in the amount of $170,953.21. OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the infrastructure improvements associated with the subdivision, and authorize the release the maintenance security. CONSIDERATIONS: 1. The Growth Management Department granted preliminary acceptance of the roadway and drainage improvements in Del Webb Naples Parcels 102-107 on June 29, 2017. 2. Del Webb Naples Community Association, Inc., Ave Maria Utility Company, LLLP, and Ave Maria Stewardship Community District will maintain the roadway and drainage improvements. 3. The required improvements have been constructed in accordance with the Land Development Code. On October 16, 2024, the Growth Management Department inspected them and recommends their final acceptance. 4. A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the document is attached. FISCAL IMPACT: Del Webb Community Association, Inc., Ave Maria Utility Company, LLLP, and Ave Maria Stewardship Community District will maintain the roadway and drainage improvements. The existing securities, totaling $170,953.21, will be released upon Board approval. Based on the work performed and completed pursuant to the terms of the Construction and Maintenance Agreements dated May 1, 2016, the original security, totaling $623,874.51, has been reduced to the current amount of $170,953.21. GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as development guaranty and are released after work is performed. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - DDP RECOMMENDATIONS: To grant final acceptance of the roadway and drainage improvements in Del Webb Naples Parcels 107-108, Application Number PL20160000906, and authorize: 1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements. 2. The Clerk of Courts to release the maintenance securities. PREPARED BY: Lucia S. Martin, Project Manager I, Development Review ATTACHMENTS: 1. Location Map 2. Bond Basis 3. Resolution 4. Plat Map Page 1545 of 6405 1/14/2025 Item # 16.A.5 ID# 2024-2184 Page 1546 of 6405 DEL WEBB NAPLES PARCEL 107-108 LOCATION MAP Page 1547 of 6405 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE entered into this -llday ot N4y'rzot AGREEMENT FOR SUBDIVISION IMPROVEMENTS 5 between Pulte Home Corporation, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". A. Developer has, simultaneously with the delivery o, this A8reement, applied for the approval by the Board of certain plat of a subdivision to be known as: Del Webb Naoles Parcels 107- 108. B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoin8 premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developerwill causeto be constructed: Roadway, drainage. water & sewer improvements Within 12 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of 5523,874,51 - which amount represents 1070 of the total contract cost to complete the construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. ln the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Colller may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until such a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. lof 3 RECITATS: Page 1548 of 6405 5. The County Manager or his designee shall, within sixty (50) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notifo the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obt3in the County ManaBer's approval of the improvements. However, in no event shall the County Mana'gbr or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this ABreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenanc€ period by the Developer has terminated, the Developer shall petition the County Manager or his desitnee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the tand oevelopment Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. ln the event the Developer shall fail or ne8lect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required imp.ovements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, includin8, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2of 3 Page 1549 of 6405 lN WITNESS WHEREOF, the Board and the Developer h ave cau sed this Agreement to be executed by their duly authorized representatives this dayor U0Y,2016. (Name of Entity) Pulte Home Corporation Printed Name/Title: Michael Hueniken, Director of Land Development (Provide Proper Evidence of Authority) lrr By: SIGNED IN THE PRESENCE OF Printed Name:Drrnl^n 5lo^q By Prinled Name: NltA ($TAN ATTEST: DwlGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS oF coLl-l ER COUNW, FTORI DA l,hBY: L___ npproveds le8ality: By: Dep DONNA FIALA, CHAIRMAN Scotl A. Stone. Assi tant County Attorney 3of 3 \ By: I I I :rj P I I _l Page 1550 of 6405 cIR'tIt-ttil) rlrsoLut't0NS or.'r'l l E Bo^lu) ol' r)tRricTolls otr' PULTTi I.IOME COR-POIIATION I, Jan lvl. Klym, lrcrcby ccltily that I an1 a duly elccted and acting Assislant Secrctary of PULI'E I IOME CORI'ORATION. a corporation authorized and existing undcr the larvs of the Statc ol'Michigan; that following is a true copy of the resolutions adopted by the Board of l)irectors of the Corporation at a special nreeting duly called and hcld on June 2, 2010, in accordance witlr the provisions ol thc Michigan Business Corporation Act: and that such rcsolutions havc not bccn rcscindcd or modified, and do not contraveue any provisions of the Articlcs oflncorpomtion or Bylarvs ofsaid corporation. I(LSOI.VI:D, that thc l-and Dcvclopnrcnt Manager(s) of thc South Florida Division shall havc thc lbllorving signing authority: Genqral Dcvclonmcnt: Applications, tcntative and final subdivision plats and maps. dcvclopmcnt agrccnlcnts. land dcvclopmcnt agrccments, anrcnity contractor agrccmcnts and all othcr documents thal arc rck:vaut or incidelrt to lhc dcvelopmcnt ol'rcal propcrty in rvhich thc Company or the Parhrership has any inlcrcst. NO'f to includc documcnts rclating to rcal propcrty financing and Iand banking transacLions, including but not limitcd Lo, loan agrecnrcnts, seculity agrccnrcnls, pron:issory notcs, deeds of lrust, special taxing district linancing (othcr than pcliodic rcports), guarantecs and environmcnl indcmnitics. IN WfINESS WI'IEI{EOF, I have herc nnto set my hand this 2nd day of Junc, 2010 /)1 . Jan M. Klym, As Sccrc tary. S'IA'I'I] OT MICI'IICAN COUN'I'Y OI'OAKI,ANI) On Jurrc 2. 2010, bcforc mc, Donna Marie Malyanowski, a Notary Public in and for said State, persolally appcared Jan M. Klyrn, pcrsonally knont to me to be the person wltose name is iubscribcd to thc within instrumcnt iurd acknowledgcd to mc that she executed tlrc same in her nutfioriz-cd copacity, and that by hcr sigtuturc on thc instnunctlt thc cntity upon behalf of which the Frson actcd, cxccr(ed the inslrument. WIINITSS nry hand artd ollicial seal. I)onna Mar ic Matyanows , Notary Public Oakland CountY, Michigan My Conrmission llxpircs: 05/2512013 D)J--t..:',: ,: i-, j ) ) ) Page 1551 of 6405 PUL'TU OME COtU'OIt l'tON CIiII'I'I IIICATtr OI' INCLJMI}IiNCY I' thc undcrsigncd ouicer oIPULTE lloME coRPoRATIoN, a corporution duly orgaliz-c{ and cristing urder the laws ol thc Stltc of Michigan ("thc Corporation"), hercby ccnify tlrat I lrave access to thc rccords and minutes ofthc procecdings ol'the Board of Directors ofthc Corporation, and that cach of thc follorving individuals arc duly acting South Florida division eurployces of thc Corporation, cach such individual holding the title sct forth follorving such individual's nanre. 2, 2010. Nanrc Michacl Woolcry Michacl llucnikcn f itlc Land Devclopment Manager Land Dcvclopmcnt Manager M. Klym, lN WIINESS WHI:I{EOF, I havc hcleunto signed rny name on bchalf ol the Corporation on Junc PUL'IE I.IOME CORPORATION, a Miclrigan corporalion a -'. .......: ' :,- i.' :,llv Page 1552 of 6405 ct: R'r'r Fr Et) ttESo t,u1' r oNS o!"r'iln Bo^ttl) ()F'Dil{lrcl-oRs oF CIiN'I'I',X ITEAI, IISTATE COITPORATION I, Ja'M. Klym, hercby certily lhat I an: a duly elected and acting Assistant Secrelary ofcliNlllx RIIAL ES l Alll coRl'oRATloN, a coqrorarion aur.horizcd and existing mdei rhe larvs olthe state ol'Ncvada; that lollorving is a true copy ofrhc resolutions adopted by the Board ol' Directors of thc corporarion at a spccial nrectiug duly called and hcld on June i, 2010, in accorclar:ce lvith thc provisions o{'thc Nevada Reviscd Slatutcs; and that such resolutions have ruot bcen rcscinded or modificd. and do not contravene any provisions of the Articles o[ Incorporation or Iiylaws of said corporation. I{ESOLVEI), that thc l-and Devclopment Manager(s) of thc South Florida Division shall luvc thc lbllowing signing authoriry: Cencral Dcvelopurcnt: Applications, lentalivc aud final subdivision plats and nraps, devclopment agrccnlents. Iand dcvclopnrcnl agrecrnents, amcnity contlaclor aBrccnlcnts and all othcr clocuments lhal arc rclcvont or incident to lhc dcvelopnrcnt ol'rcal propcrly in which thc Cornpany or thc partnership has any intcrcs(, NO'l'to includc docuurcnts rclating to r.cal propcrty financing and land barrking transactions. including but not linrited to, loan agrecments, sccurity agrcenrcnts. pronrissory notes, decds of trust. special taxing district linancing (other thun pcliodic i'cports). guarantecs aud cnvironmclt indcnrnitics. IN Wl'lNlrSS WI IIIRIIOI:, I havc hcre unto sc( my hand this 2nd day of Jrure, 201 0. lh. Jan M. KIym, Ass S]'A]'IJ OF MICIIIGN N COTJNI'Y OI: OAKI-ANI) On Junc 2.2010, bcforc ntc. Donna Maric Mstyanowski. a Notary Public in and lor said State, pcrsonally appcarcd Jan M. Klyrn. personally known to mc to bc thc pcrson whosc namc is subscribcd to tlrc within instlunrcnt aud acknowlcdgcd to mc that she exccuted thc samc in hcr authorizcd capacity, lnd that by her signaturc on thc instrument thc cntity upon behalfofrvhich thc persou aclsd, cxccuted thc instrunlcnt. ) ) ) W||NIISS my hand ald ollicial scal. Donna Vlaric Matyanowski Oakland County, Michigan Notary l)ublic My Commission lispircs: 05/25/2013 e EST4 YAD F' Page 1553 of 6405 CENTIX ITf,AL ES'I'ATE CORPORATION CTiRI'IT'ICA'I'E OF INCU MI'ENCY l, the undemigned officcr of cEN]'Ex REAL ESTATE coRpoRAl'loN, a corporation drly organized and cxisting und$ thc larvs of the State of Ncvada ('lhe corporarion',), hcreby certify that I Itavc acccss to thc rccords and utinutcs of thc proccedings of thc Board of Directors o[ rhe Corporation, that the corporation is thc sole Managing panner of cENTEx I.loMEs, a Nevada general partncrship, and that cach of the follorving individuals are duly acting South Florida division employees of the corpor.ltion, cach such individual holding rhe aitle set forth l'ollorving such individuol's nsme. Nanrc Michacl Woolcry Michacl l.lucnikcn 'fille Land Devclopnrent Manager Land Developmcnt Manager IN Wll'NESS WHEI{EOI;, I have hcreunto signed nry name on behalf of rhe Coryoration ou June l, 20 10. +t$l;r*afr*tjrilit$ CENl'EX ITEAL ES-f ATE COI(PORAl"ION, u Nevada corporation I] M. Klym, Assistan Page 1554 of 6405 80ND NO. SUR0040140 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation 24311walden Center Dr., ste 300 Eonita Springs, FL 34134 (Hereinafter referred to as "Owner")and ArBonaut lnsurance Company 4600 5. Syracuse Street Suite 400 Denver, Colorado 80237 303-773-7261 (Name of Owner) (Address of owner) (Address of Owner) (Name of Surety) (Address of Surety) (Address of surety) (Telephone NumbeD (hereinafter referred to as "Surety'') are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggreBate sum of six hundred twenty three thousand eight hundred seventy four and 51/100 (S523,874.5L1in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, out heirs, executors, administrators, successors and assiSns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGAIION is such that whereas, the Owner has submitted for approval by the Board of a certain subdivision plat named Del Webb - Parcels 107 & 108 and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Boaid of County Commissioners of the specific improvemants described in the Land Development Regulations {hereinaft er the "Guaranty Period"}. NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obliBations and duties in accordance with the Land Development Regulations durin8 the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED, FURTHER, that it is expressly aBreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the PERFORMANCE BOND Page 1555 of 6405 Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. lN wlrNEss WHEREoF, the parties hereto have caused this PERFoRMANCE BoND to be executed this 14th day of September, 2016. ACKNOWLEDGEMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 14th DAY OF September, 2015 by Bryce Langen, Assistant Treasurer of pulte Home Corporation WHO lS PERSONALLY KNOW TO ME. Notary Public - State of GEORGTA SHIRTEY E IiUTCH llotary Pubtic fulton Counly lNs(sEAL) irley E. Hutch s, Notary Public ArSona ut lnsurance Company St8ta tr,ly Commtrrion ol Goorgie Erylrct Apr t7, 2016 Surety Wrtn Hollaen er, Attorney-in-Fact Renee Romo Principa l:Pulte Home Corporation By Bryce Langen, Assistant Treasurer Witness: GreSory 5. Rives WitneSS: 8€rnerd t. Saunders SEE ATTACHED NOTARY Witness: Page 1556 of 6405 ACKNOWLEDGEMENT State of Arizona County of Moricopo On s/t4/2ot6 before me personolly oppeared lessico Holloender whose identity wos proven to me on the basis of sotisfoctory evidence to be the person who he or she claims to be, ond ocknowledged thot he or she signed the ottached docume nt. (Seal) Notory Signoture JEBEMY POLK NOTARY PUEUC - ARIZONA MARICOPA COUNTY My Commissjon Expires June 28. 20't9 leremy Polk My commission Expires lune 28th, 2o7g@ Page 1557 of 6405 Argonaut Insurance Company Deliveries Only: 225 W. Washington,24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, T){7E246 POWER OF ATTORNEY Thcrr tu. and larful a8cnt(s) and anorncy(s)"m-faci, cach rn rhcrr s.parar. capai:[] rfmor. rhan onc is namcd abovq !o malr..xccutc, s.al and dchrer for and on (s bchalfas sutcty, and as ils ad and drrd any and all bonds, contracl!, agccments of md.mniry and othq ond.nakin8s in sur.tyship provi&d. ho\*rvcr. that ih€ penal surn of sn) onc such instruncnt .xacutad harcundo shall not cxcecd thc surn of s50-000.000 00 This Power of Attome] ls Exarned and rs srgmd and s.al.d uri.r ard by thc sutr'lofit) of thc followmg Rclolutlar adopt d by the Bosrd of Drr.ctors o[ ArgoruLrr lnsumnca Cornpsny AS.U 100r44 KNOW ALL MEN BY THEST PRESENTS Thst dr Argonaut Insuranc. Compan'. a Corporation dub orlanEcd and exisrnS und€r thc la*,s oflhc Slat oflllinors and harmg rts pnncrpsl oflice rn thc Count) ofCook. Illinois docs hreb) nominac, construte and appornl Jcssics tlollacnd.r J.r.mv Polk "RESOI.VED. That th. Prcsd.n!. $nror Vrcc Prcsident, Vrce Prcsdcnl. Assrsrsnl Vrc. Prcsidcnt, Sccrctary, Trcasurer and ca.h ofthcm hcrcby ls authorlz.d to.xccul. po\ crs of anomcy, and such authoflt) can bG cxe.utcd hy us. of facsimih sr8naturc. $tich may bc atrcst.d or actno*ledgcd b any ofiiccr or anonlc), oflh€ Compan_v. qualaryinS d|c asomcy or sltonEys mm.d rn thc giv.i pou€r of.nol'ney, to.x.cule in b.halfof, and ackno$lcdgE as fi. ad 6nd d.!d ofdr Argonaut Insurancc Compor!, allbond urd€tukings rnd contracts of sur.tysh,p, and to aflir lhc corpor a s.!lthcruo' lN WITNESS WHEREOF, Ar8onaul Insursncc Company has causcd rtsofricirlsc.l to bc h.reunlo atlixed and lhcs! presenrs ro be srEn€d by [s duh authonzed ofiicer on th. Itthda' ofjul\,2011 Argonaul Insurancc Company .':.ti;:lii+;, ielisear-:i! ?..] .+1s.o1.. l.r' '",,,,,L...."J Joshu C B.tz . Senior Vic€ Presidenl S-] ATL OT IEXAS COUNIY OF HARRIS SS Onthrsltlhdaloflul),20llAD,bcfor.m.,aNotaryPublrcolthcStatcol Texas. in and lbr th. Counry of Han's, duly comm'ssioned and qualtricd. camc lll[: ABOVE OFFICER OF THE COMPANY, to m. p.rsonall] knoun ro b. the indiv rdual and ofiic.r d.scribcd in. and !r'ho cxccul.d thc prcccdinS lnsuum.ni. and hc ackflo\rl.dged thc ex€cuton of same, and t'€rne b) me d'il) s\ orr\ d€poscd and said rhal he is thc ofliccr of th. said Company aforcaatd. and thal thc seal afiixed !o thc preccding instrumrnl is lhe Corporale Sed ol sard Company , and the said Corpor.te Scal and his sigmturc as oflicer were dub affrx.d and subscrib.d ro the sad ilrs'trum.nl by the authonty and drr.crion ofthe said corporarion. and that Rcsoldion adopted by the B@rd of Direcrors ofsaid Cornpsny, Eftned ro in rhc prccedrng instrumc is no$ in forcc IN IESTIMONY WHERE(X. I har. h.r.unto s.t m,t hand. and al x.d m\ oli'clal Seal al thc Countr ofllanis, th. da) and ).ar lirsl abole $rillcn ;dr',,.r,^*.*\r- l. lhc ufldersrened Omcer of th€ Argonad lnsurar& Compan). Illnois Corporatron. do hercb) ceni& thal the onEml mWER OF ATTORNT-Y al u'l,x l, thc for.gorng is a full, lru. and conecr copr* ,5 srill in full forcc aM effrct and h.s Ilol been revol.d IN wlTNFsS WHEREoF I have h€reunto s.t m) hand, snd afiix.d lhe seal oi saro conpany, on the 14 dav of Septenbc jil '/t4 Sarah Hcrncman , VP-Unde^irrltng Surtr.! IIIIS DO('T'MT-NT IS NOT \ALID IINLESSTHf, \A'ORDS AR( PO\AER0T'ATtOR\ET A\DTHf,SERIAL \I'MBER I\ TII[: T PPI]R RIGHTHA\DCoR\ER{REl\BL|..E.ANDTl|EDo(t}l!\TlSlsst[D(}\}t{TERIIARKEDPAPER.ITI()lHA\LQl.1;Sllo\so\ At 'I Hl-\t l( lr\ o[ THls D(X t ]tllt I ( AI-L (210) Jll ' tl00 (^'TIEEI{ M I'EErc |IOTAFY Pi,AUC SIA.rE OF TSAS MY COMM. trC O7-15€Or'@ SEAL Page 1558 of 6405 Bond No. 59BSBHH5664 PERFOR NCE BOND KNOW ALL MEN BY THESE PRESENTS, that putte Home Corporation of 24311 Watden Center Drive Suite 300. Bonita Sori s FL 34134 as Principal, and Hartford Fire lnsurance company a corporatlon organized and existing under the laws of the state of connecticut and authorized to transact business in the state of Florida, as surety, are held and firmty bound unto Ave Maria Utility Company of 5076 Ann unciation Circle. Su te 102, Ave Maria.FL 34142 as obligee, in the penal sum of two hundred fifty five thousand six hund.ed forty one and 37/i00 ($255,641.37) for the payment of which sum, well and truly to be made, we bind ourselves, our heiB, administrators, execulors, successors and assigns, join y and severally, firmly by these presents. WHEREAS, the Principal has agreed to construct or have constructed, water and wastewater imoroveme to the Del Webb Pa ls 107-108 (Proiect o. 010-1 5) Now, THEREFORE, the condition of this obtigation is such that if said principal shall we and truly perform said work in accordance with said standards, then this obligation shall be void, otherwise to remain in full force and effect. Signed, sealed and dated this 11h day of July, 2016 Pulte Home Corporation Principala\'trJ4 Bryce Langen,Assistanl Treasurer Hartford Fire lnsurance Company Surety ollaender, Attorney-in-Fact Page 1559 of 6405 POWER OF ATTORNEY D hact ld q d., e r,/ C t. i m, to : THE HARTFORO gond T-a On. Hlrtfo.d ph.. Harttod, Connec0clrt 0a155 cal: E80.266.L88 o. laxr 860-707-5815) Agoncy Cod.i 59 - 3 0016 8 KNOW ALL PERSONS BY THESE P RESENTS THATI E--l g lr--l x a,tford Fl.! lnlul.nco comp6ny, a mrr*,rurion drry orgsniT,ed under fic rsrvs of rhc srata of con ccticut arttod cagualty lnsuranco company, . corp..sllon duly orgsnazcd uridcr thc law! oftlrc sat! oflndiana Hartlord Accldgnt and lndgmolty Company, s corporaioo dtly orSsnizcd under the la*! oflh. StaE ofcofilecticut Hartford undo'rvdtoB rnsuranco compaary, a mrJhmlio'l dury erBrnlz.d und.r lie Isws oftrte srrtt of connq]ri cut Tvrh Clty FIro lrl9urgric€ Corspgoy, a aorporsrion duly org!.izad undcr $. lar,vs of tlE StaE of Indt.nr Hartford lnsurance Company o, lllinob, . corpffdion duty organizL{ uoder rhe la\rs ofthc Srat€ oflllinois Harttord lngu'arcr coanpsny gtth9 rdxg9t,, corporsdon duly ortanlzcd under rhc ra\as otrhe skr!ofrndrrns H.rtlord lnsuranca Company oltho Southoast, s corpo.ation ddy orBrdzcd uoder ihc k|r5 ofthc Strtc of Florids IIIrI haMng lhoir hom! offcs in Hartford , Connecticut (herslnafter collectively rete.red to as the "Compan ies'l ao hereby make, constdu tE and appoinl,lrp (o fto arroua, ot Unlimit edJessica HoIl-aender, ,leremy polk of PHOSNIX, Arizona John Gray. Aslistant S€crBiary M Ro6s Fishsr. Vrc. Pr*iddrt STATE 0f CoIXECnCiIT COUIITY OF flANTTORD On this lah dly he leiid€s in lh€ County ot lhelr true 8r|d tawlut AflorEv(s)-h-Fad. eecfi n h€ir separate capacfty il more han orE i9 named aboE, lo sEn it! namo as 3urely(€s) onty ai dethealedaDolE by 8 ad to ersoJle seal and acknourtadg€ any aid ar b;da: under;ii.[", a*t "al and orha. writtro instri,n,6nr3 in rhe nalure thsrcot, on bche,of the companl€! ln lheir busln.s of gu.rsnt€eltt ut id.llty oi p"-.s;;. ir*J"i*li"i irt" p.rr..anco ot coflrrads and exeq/Ung or guar.r odng oondsano undenakhgt Eqlir€d or p€rmifi€d ln eryy acilorls or proceeOhs arbq; bv taw - ln \tltn6! lryheneol, and $ tulhodzed by a Rslolution of ths Bo;d of Dlredors ot the cofipante! on A,rgusr l. 2009, the cornprl,Bs hav€caused thess F6!€nb lo bo signod bv lts vlca Precldent erd trr corporate seiti u [-i,.*to amr"o, o,-iy 3ttee:"0 ff iis n siiiani sooetary. rrnner,Frrsuart lo Resolution of tlE Boa.d ot DirectoE qt 0E Companies, rfle Corrnanfs ne..uy unaarUtguousry iifi;'t'hat -tit;;;;il be bound by arryrnedlanrcally applEd signetrre! epptied lo thta por/rar ofAflornoy. @@@ffi@@@ffiftu ss.Hartford of July. 2012, beh.e EE personal,y came M. Ros! Fbh€r, to me knoryn, who being by me duly s$rom. dtd depose and sayr lhrtHadford, SiBt6 ol Coone.licuti that he ts the Vtc€ prostdent of I he Companles, lhe corporEtiom descrlb€d in and which exec!tedth€ sbove ln6tluln€nt lhat he kno$/s thg Se3b of trE Sail corporalorB: that ttE se8l6 aiked !c the sau ln3trunEnl alq slrch coeorate soatli thal30 amxed by author,ty ot the Bosrds of DirectoB ot satd co.r,orations snd that hs lo.led his nam6 theGto by tike authority ) CERTIFICAIE (a,u-rkn ""l K.Ulcr T. Mryn rd Nol.r, Puuic Vy ( olMisaoi f-rai6 ldy 3 l. 20 16 _ l, th€ urdoElgned, v.a Ptesld€nt of th. Compania!, 0o HEREBY CERTIFY that lhe .boG and foregoing G a lrue and corrcct copy ol lhe Fo$€r of Altomey exeqrtod by 86id CompaniE5, wtrich ts sti rn fijt torce efiective a3 ol 7 / fl / 2016 S{grEd and s€ahd al lh€ Clty of Hartford. @@@ffi@@@,ffi {"^-rW, ?oA t0ll Kwrn lla.clrmn, As36t6nt Vic! Pr63idonl /4- Page 1560 of 6405 STATE OF GEORGTA ) )ss.couNTY OF FULTON ) This record was acknowledged before me on July 11,2016 by BryceLangen, as Assistant Treasuier of pulte Home Cofloration, who appearedbelore me and is personally known to me. WITNESS my hand and official seal. le Notary Public Shirley E. Hutchins Notary Public State ol Georoia My Commission Expires: Airit 17, 2018 HUICHtt{8 harr sHlBt€Y € ttt, ACKNOWLEDGEMENT BY PHINCIPAL Page 1561 of 6405 c,ff[", Groudh Management DMision Planning & Regulation Land Development Services January 3,2018 Argonaut Insurance Company 4600 S. Syracuse St., Ste. 400 Denver, Colorado 80237 RE: Performance Bond No. SUR0040140 / Pulte Home Corporation Del Webb at Naples Parcels 107 & 108 - PL20160000906 Dear Sir or Madam, Please be advised that based on the work completed and inspected to date, the subject Performance Bond may now be reduced by $452,921.30, leaving an available obligation of $170,953.21. The remaining surety represents $114,237.35 as l0O% of the uncompleted improvements, plus $56,715.86 as the required 10% maintenance security. An original Bond Rider should be submitted to this office reducing the value of the security, all other terms and conditions of the original Performance Bond to remain in full force and effect". If I can be of any further assistance to you in this regard, please let me know. Sincerely, $oh gftouldtwo*h John R. Houldsworth Senior Site Plans Reviewer With authority in these matters Cc: Waldrop Engineering Land DevelopnentServi2s. 2800 North Horseshoe Drive . Naples, Florida 34104 '239'252-2400 'www.colliergov.net Page 1562 of 6405 Decrease PENALTY RIDER BOND NO. SUROO4O14O To be attached and form a part of Bond No. SUR0040140 dated the 14th day of September, M, executed by Argonaut Insurance Company as surety, on behalf of Pulte Home Company. LLC as current principal of record, and in favor of Collier Countv. Florida, as Obligee, and in the amount of Six Hundred Twentv Three Thousand Eieht Hundred Seventv Four Dollars and 5ll100 ($623.874.s1). In consideration of the agreed premium charged for this bond, it is understood and agreed that Argonaut Insurance Company hereby consents that effective from the 3rd day ofJanuarv,2018, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Six Hundred Twentv Three Thousand Eisht Hundred Seventv Four Dollars and 5ll100 ($623.874.s1) TO: One Hundred Seventv Thousand Nine Hundred Fiftv Three Dollars and 211100 ($170,953.21) The Decrease of said bond penalty shall be effective as of the 3rd day of January, 2018, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shatl not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 12th day ofJanuarv,2018. SURETY ATTORNEY.IN.FACT Page 1563 of 6405 : Argonaut lnsurance ComPanY Deliveries Onty: 225 W. Washington,24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX78246 POWER OF ATTORNEY KNOW At.l. t\,tEN IIY TIIESE PRESENTS Thar rhe Argonaut Insurance Company- a Corporation duly organized and exislinB under the l,us oflhe Slale oflllrnois and ha!ing rts pflncrpalomce in $e Counr)- otCook.lllinors do€s hcrebt nominate. constilute and appoint Jeremv Polk Their true and la*ful agent(s) and attorney( s )-an- facl" each in their separate capacrq' rfmore than one is named abovg to tnake, axecute. s€al and deliver tbr and on rts behalf as surir].- , and as rls mt and de€d any and all bonds. contracts, agreements ofrndemnity and oth.t undenakings in suretyshiP Provided. however. lhal the penal sum ofany one such instrumenl exe{ruted hereunder shall not exceed the sum of s75-000-000.00 Thrs power of Attomev rs granted and is signed and s€aled under and by the authority ofthe follo$'lrg Re$lutio, adopted b)- the Board ofDireclors of Araonaut lnsurance Company ,,RESOLVED. That lhe Presidenr. Senaor Vice Presidenq Vace President. Assistanl Vice Presidenl" Secretary, Treasurer and each ofthem hereby is authorized lo execute poBers ofattome), and such authority can be executed by use of feimile siBnature, u'hich may be attested or acknowtedged by any ol}jcer or attomey, ofthe Company, qudirying the attorney or a$omeys named rn the SivAn polr€r oI attomey. to execute ln behalf of', and acknowledge as the acl and deed ofth€ Argonaut Insurance Company. all bond undenakinBs and csntracts ofsuretyship, and to aflix the corporate s€al thereto " lN WITNESS WHEREOr, Argonaur lnsumnce Compan) has caused rts olficrals.oi to be hereunto aflxed and these presents lo be signed by its duly authorized oIlcer on the 81h day ofMay,20l7 Argonaut Insurance Company AS-012637s --1 l z_@ James Bluzard , Vice Presidenlsurely S LEA '.1.|Il .' Joshuac Betz. Senior Vice President STATE OF TEXAS COUNTY OI' HARRIS SS On thrs 8rh day of [4a]. 20 t7 A D , b€fde me, a Noury Pubhc ofthe Slale of Texas, in and fbr the Counr]- of Hanrs. duly commission€d and qualified. came THE ABOVE OFFTCER OF THE COMPANY, to me personall-! known to be the individual and oflicer described in- and who ex€cuted the precedrng instrument- and he acti&wlcdSed rhe execution ofsame, and being by me duly swom, depos€d and said that he is the ofiicer ollhe sard Company albresaid, and that thc seal aflxed to the preceding instrument is the Corporate Seal olsaid Company. and the sard Corpomte Seal and his slgnature as offi€er !rere duly ofiixed and subscribed to the said inslrument b),ihe authoflly and direction ofthe said corpoBtion. and that Resolution adopted b-t the Board ofDtectots ofsard Company- referred to in the precedrng instrument is no$ rn force IN TESI IMONY WHEREOI. I have hereunto ser my hand. and affixed my Official Seal at the Coun!- ol llarris, thc dar and year llrst abole written I, the undersigned Ofticer ofthe Argonaul lnsurance Comptuiy, lllinors Corporalion, do hcreby cenify that the origmal POWER oF A]_IoRNEY ofwhich the foregoinS is a full. true and correct copy is still in fult force and effect and has nol been revoked IN wITNESS wHEREoF, I have hereunro set my hand, and afrixed rhe Seal or saro company, on rhc -!l!! dav of 'lanuary , 2 01 8 .:$i,"ili*r idiseariiii (i rss il: '..i '*rl*- "-.' THIS DOCIIMf,NT IS NOT VALID TINLtrSS THE \TORDS ARGO POWER OF ATTORNEI'ANDTHE SERTAL NTIMBER IN TH' T]PPER RIGHTIIANDcoRNf,RAREINBLIIf,,ANDTI|EDoCtIMENTIsIsStIf,DoNWATERMARKEDPAPER.IF\ot.HAvEQlrEsTIoNs ON At'THENTICITY OF THIS DOC[TIUENT CALL (2IO) 32I ' E4OO' _{by: t4 f*% I -rdlr, *."*U"- Page 1564 of 6405 GENERAL SURETY RIDER To be attached and form a part of Type of Bond: Performance Bond No.: SUR0040f40 Dated effectiv ez 9 I 1412016 (MONTH, DAY, YEAR) executed by: Pulte Home Corporation, as Principal, (PRINCIPAL) and by: Argonaut Insurance Company, as Surety, (sunnry) and in favor of: Collier Countv, Florida. (OBI,IGEE) In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective llll20l7 (MONTH, DAY, YEAR) Signed and Sealed lll2l20l8 (MONTH, DAY, YEAR) SURETY Polk, .q.rroRNI.ly-IN-FAcr Principal Name Pulte Home Corporation Pulte Home Company, LLC INFORMATION FROM 7e TO Page 1565 of 6405 'n Argonaut Insurance ComPanY Deliveries Only: 225 W. Washington,24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX78246 POWER OF ATTORNEY KNOWALLMENBYTHESEPRESENTS: ThattheArgonautlnsuranceCompany,aCorporationdulyorganizedandexistingunderthelarvsoftheState oflllrnois and having is principal office in the County ofCook, Illinois does hereby nominate, constitute and appoint: Jeremv Polk Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity ifmore than one is named above, to make, execute, seal and deliver for and on its behalfas surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and othcr undertakings in suretyship provided, however, that the penal sum ofany one such instrument executed hereunder shall not exceed the sum of: $75.000-000.00 This Power of Attomey rs granted and is signed and sealed under and by the authority ofthe following Resolution adopted by the Board of Direclors of Argonaut Insurance Company : "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice Preiident, Secretary, Treasurer and each ofthem hereby is authorized to execute powers ofattomey, and such authority can be executed by use offrcsimile siguture. which may be attested or acknowledged by any officer or attomey. of the Company, qualifiing the attomey or attomeys named rn the given power of attorney, to execute in behalf of, and acknowledge as the act and deed ofthe Argonaut lnsurance Company, all bond undertakings and contracts ofsuretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized oflcer on the 8th day of May, 20 I 7. Argonaut lnsurance Company eugz* by Joshua C. Betz , Senior Vice President STATE OT TEXAS COUNTY OI'TIARRIS SS: On this 8th day of May, 2017 A D., be fore me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFtICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument. and he acknowledged the execution ofsame, and being by me duly sworn, deposed and said that he is the officer ofthe said Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as oflicer were duly aliixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolutlon adopted by the Board ofDirectors ofsaid Company, referred to in the preceding instrument is now in force. lN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the Count-v of Hanis, the day and year first above written. AS-0126374 t -furt*r.rn.'frpuro (Notary Public) l, the undersigned Officer of the Argonaut Insurance Company, lllinois Corporation, do hereby ce(ifl that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and aflixed the Seal of said Company, on the 12 thday of January 20I8 LSEAL 1 948 James Bluzard , Vrce President-Surety THIS DOCIIMENT IS NOT VALID I,]NLESS THE WORDS ARGO POWf,R OF ATTORNEY AND THE SERIAL NI.]MBER IN THE I.IPPER RIGHT HAND CORNER ARE IN BLI-IE, AND THE DOCUMf,NT IS ISSUED ON WATERMARKED PAPER. IF YOII HAVE QTIESTIONS ON AI.ITHENTICITY OF THIS DOCI-IMENT CAI,L (2IO) 32I . E4OO. * SEAL 19a8 v 1 Page 1566 of 6405 R.ESOLUTION NO.25. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHOzuZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS AND PLAT DEDICATIONS IN DEL WEBB NAPLES PARCELS IO7-I08, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 6I, PAGES 63 THROUGH 66, AND RELEASE OF THf, MAINTENANCE SECURITY. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 13,2016, approved the plat ofDel Webb Naples Parcels 107-108 2 for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04-41, as amended); and WHEREAS, the Developer is requesting final acceptance olthe roadway and drainage improvements and release of the maintenance security; and WHEREAS, the Development Review Division has inspected the roadway and drainage improvements, and is recommending acceptance ofsaid facitities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLINTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements and plat dedications in Del Webb Naples Parcels 107-108, pursuant to the plat thereof recorded in Plat Book 61, pages 63 through 66. and the Clerk is hereby authorized to release the maintenance security. day of This Resolution adopted after motion, second and majority vote favoring same, this -2025. Deputy Clerk Approved as to form and legalitY Derek D. Perry Assistant County Attomey BOARD OF COTINTY COMMISSIONERS COLLIER COL]NTY, FLORIDA By: Burt L. Saunders, Chairman [2,1-ErS-0509i/ 1899901/ I ] ''\ Page I of 1 CAO BE IT FURTHER RESOLVED AND ORDERED that the roadway and drainage improvements within Del Webb Naples Parcels 107-108 will be maintained privately in the future and will not be the responsibility of Collier County. DATE: ATTEST: CRYSTAL K. KINZEL, CLERK Page 1567 of 6405 Page 1568 of 6405 Page 1569 of 6405 Page 1570 of 6405 Page 1571 of 6405