Agenda 02/24/2026 Item #16A 7 (Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications for the final plat of Argo Livingston)2/24/2026
Item # 16.A.7
ID# 2026-252
Executive Summary
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and
acceptance of the plat dedications, including the dedication of Tract “R-1” and Tract “R-2,” for the final plat of Argo
Livingston, Application Number PL20200000146, and authorize the release of the maintenance security in the amount of
$333,744.90.
OBJECTIVE: To have the Board accept final approval of the infrastructure improvements associated with the
subdivision, accept the plat dedications (including the dedication of Tract “R-1” and Tract “R-2” with maintenance
responsibility), and release the maintenance security.
CONSIDERATIONS:
1. On June 30, 2021, the Growth Management Department granted preliminary acceptance of the roadway and
drainage improvements in Argo Livingston.
2. The roadway and drainage improvements, except for Tract “R-1” and Tract “R-2”, will be maintained by
Ardena Homeowners Association, Inc. Tract “R-1” and Tract “R-2” were dedicated to the County in fee simple
with responsibility for maintenance, and the County will accept maintenance responsibility of these Tracts.
3. The required improvements have been constructed in accordance with the Land Development Code. The
Growth Management Department inspected the improvements on January 16, 2026, and is recommending final
acceptance.
4. A resolution for final acceptance has been prepared by staff and approved by the County Attorney's Office. The
resolution is a requirement of Section 10.02.05 C of the Land Development Code. A copy of the resolution is
attached.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners
association. Maintenance costs for Tract “R-1” and Tract “R-2” will be from the Transportation Services Operations
and Maintenance budget. The existing security in the amount of $333,744.90 will be released upon Board approval. The
original bond in the amount of $2,187,843.90 was reduced to the current amount based on the previous work performed
and completed and pursuant to the terms of the Construction and Maintenance Agreement dated September 8, 2020.
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. - CLD
RECOMMENDATION(S): To grant final acceptance of the roadway and drainage improvements in Argo Livingston,
Application Number PL20200000146, and authorize:
1. The Chairman to execute the attached resolution authorizing final acceptance of the improvements and plat
dedications (including the maintenance dedication of Tract “R-1” and Tract “R-2”.
2. The Clerk of Courts to release the maintenance security.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
Page 1012 of 3023
2/24/2026
Item # 16.A.7
ID# 2026-252
ATTACHMENTS:
1. Location Map
2. Bond Basis
3. Resolution
4. Plat Map
5. LMA for Argo
Page 1013 of 3023
ARGO LIVINGSTON
LOCATION MAP
Page 1014 of 3023
THIS CON,STRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS enlered
in16 1[is 8t h _ 6ay of Sc ptcrbe r , Zoj!_betw;en pur!€ Hom€ company. LLc tereinafter
referred to as "Develope/', and Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
RECITALS:
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
A. Developer has, simultaneou sly with the delivery of this Agreement, applied for the approval by the Board
of certain plat of a subdivisi on to be known as Arqo Livingston
B. Chapter 4 and 10 of the Collier County Land Development Code required the Developer to post
appropriate guarantees for the conslruction of the improvements required by said subdivision iegulations,
said guarantees to be incorporated in a bonded agreement for the ionstruction of the required
improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: Drainage, roadways, utilities and related infrastructurewithin 24 months from the date of approval said su5division 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 hereoQ in the amount of $__3:18r,841!g_ which amount represents 1o% of the tot;l
contract cosl to complete the construction plus 100% of the estimated cost of to complete the requhed
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 withinthe,time required by the Land Development Code, Collier County, 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 a statement of substantial completion
by Developer's engineer along with the flnal project records have been furnished to be reviewed and
lpproved by the County Manager or hls designee for compliance with the Collier County Land
Development Code.
5 The County Manager or designee shall, within sixty (60) days of receipt of the statement of substantial
complelion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or
b) notiry the Developer in writing of his refusal lo approve improvements, therewith specifying those
conditions which the Developer must fulflll in order to obtain the County Manager's approvai of the
improvements. However, in no event shall the County Manager or designee refusJpreliminary approval
of the improvements if they are in fact constructed and submitted for lpproval in accordance with the
requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary
approval by the County Manager or his designee. After the one-year maintenance period by the Developei
has terminated, the Developer shall petition the County Maniger or designee io inspect the requiied
improvements. The County Manager or designee shall inspect the improvements and, if found to be slillin compliance with the Land Development Code as reflected by final approval by the Board, the Board
shall release the remaining 10% of the subdivision performance security. The Developer's responsibilityfor mainlenance of the required improvements shall continue unless or until the Board accepti
maintenance responsibility for and by the County.
Page 1015 of 3023
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 designee to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a reduction in the dollar amount of the
subdivision performance security shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for review by the County Manager or
designee. The County Manager or designee may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the request.
ln the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification
of such failure, the County Manager or designee may call upon the subdivision performance security to
secure satisfactory completion, repair and maintenance ofthe required improvements. The Board shall havethe right to construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the |mprovements required herein. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct or aonsequential, which
the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
All ofthe terms, covenants and conditions herein contained are and shall be binding upon the Developer and
the respective successors and assigns of the Developer.
lN WITNESS WHEREOF, the Board and the Developer have caused thts Agreement to be executed by their
duly authorized representatives this 8th day of Se pterbcr , 20 20
8
I
(Name of Entity)
Pulte Home Company, LLC
I
SIGNED IN THE PRESENCE OF:
e:
/
hLt h)t)
Printed Na Michael Hueniken
Vice Presidenl Land Devlopmenl
',&\t/y (Name of Entity)
Printed Name:
By
OF COUNTY COMMISSIONERSBOA
R COUNTY,
OF
ty Clerk
By
Approved as to form
By:
Assistant County Attorney
De rek rry
TZtz,.tt//,
Witdess: "'%,t/".
By:
Witness:
Jane+ MeYsv
ATTEST:
CRYSTAL K, KINZE:I-, CLERK
Penny Taylor Chairperson
Page 1016 of 3023
Exhibit A
COLLIER COLNTY LAND DEVELOPMENT CODE
pERFORMANCEB9ND ry6. US00096678SU20A
KNOW ALL PERSONS BY THESE PRESENTS: thar
PULTEHOME COMPANY, LLC
243il WALDEN CENTER" STE 300
BONITA SPRINGS, FL 34134
(hereinafler refened to as "Owner") and {l Specialty Insurance Company, 505 Eagleview Blvd,, Exton, pA 19341
630-468-s600
(NAME OF SURETY)
(ADDRESS OF SURETY
TELEPHONE NI.JMBER)
(hereinafler referred lo as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter refcred to ae
"County') in the total aggregale sum of Trvo Mllllon One Hundred Eighty Seven Thoussnd Eight Hundred Forty
Three and 90/100 Dollars ($2,IE7,843,90) in lawful rnoney of the United Stares, for the paymeni of rvhich surn well
and truly !o be made, we bind ourielves, our heirs, executors, administralors, successors and ossigns, jointly and
severally, firmly by lhese prescnts. Owner and Surety arc uscd for singular or plural, as lhe conlext rcqu-ires.
THE CONDITION oF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a
cerlain subdivision plat named Ardena and that cenain subdivision shall include specific impiovemenis rvhich are
rcquired by Collier County Ordinances and Resolutions (hereinaftcr "Land DevelopmJnt Regulaiions',). This obligarion
of the Surety shall commence on the date this Bond is executed and shall continue until rhe datc of final acccpranle by
the Board of County Commissioners of the specific improvements described in the Land Developmcnr Rcgulations
(hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall rvell, tnrly and faithfully perform its obtigations and duties in accordance with
t!9 La,nd Development Regulations during the guaranty period established by rhaCounty, and the Owncr shall satisfy
all ctaims and demands incurred and shall fully indemnify and savc harmless the County from and against all costs and
damages which it may suffer by reason of Orvnet's failure to do so, and shall reimburse and repay thJ Counry all outlay
and expense which the County may incur in making good any default, then lhis obligation strati Ue void, oiherwise ro
remain in full force and effect,
PROVIDED, FURTHER, rhat the said Surety, for value received hereby, stipulares and agees that no change, exrension
of time, alteration, addition or deletion to the proposed specilic improvements shall in a-ny way sffecr its o'biigation on
lhis Bond, and it does hereby waive notice ofany such change, extension oftime, alteration, addirion or detction to rhe
proposed specifi e improvements,
PROVIDED FLJRTHER, that it is expressly agreed that the Bond shall be deemed amended automarically and
irnmediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and
faithful pcrformancc in accordance with the Land Development Regulalions. The term !,Amendment,,, wherever used inthis Bond, snd rvhether referring to this Bond, or oaher documerlt$ shall include any altcration, addition or rnodification
of any character rvhalsocver.
Page 1017 of 3023
IN WITNESS WHEREOF, thE parties hereto have caused this pERFORMANCE BOND to be executed thisr3rhofovember
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FITT.TON
rHE FOREGOING PERFORMANCE BOND WAs ACKNOWLEDGED EEFORE ME BY MEANS OF
EI pxvsrcel pnese rrrcr oR ! oNLTNE NoTARrzATroN THrs ']'bo, spNovrunEn
BY f NA$484E4€lQt€AflrED6€+AS (T|TLE) OF VP & TREASURER E OF COMPANYIWHO tS
qEES9NA!UKNAW_II_IQ-Iy! E, o R HAs pRo DUCED-D. BRYCE LANGEN
AS IDENTIFICATION
Notary public - State of GEORGIA
SHIRLEY E. HUTCHINS
ST]RETY XL Specialty Insurancc Company
Name and Title if
ames I. Moore, A
Evidence of Autho
*Wa/-
Pulte Homer Company, LLCVattrcr Bvtrt
'0tLU bfil/-buHcra
D Bryce LangenPrinted Name SEE ATTACHED SIGNATURE PAGE
Evidence of
Printed Name
,
SHIRLEY E HUTCHINS
Notary Public - State ol Georgia
Fulton County
My Commission Expiras Mar '18, 2022
WITNESSES:
dI-,* fu P*4""A^t
5
Printed Name - Diane M.
Printed Name - A.lexa Costello
Page 1018 of 3023
executed this /34 day of
PUlte Home Company, LLC
2020
PRINCIPAL
BY D. Bryce Langen, VP & Treasurer
Notary Attached
fu>h.1t
Page 1019 of 3023
Power of Attorney
XL Specialty Insurance Company
XL Reinsurance America Inc.
BOND NUMBER USO0096678SU2OA
LIMITED POWER OF ATTORNEY
Gregory Boal. VICE PRESIDENT
KNOW ALL MEN BY THESE PRESENTS: That xL Specialty Insurance Company, a Delaware insurance companies with offices located at 505
Eagleview Blvd., Exton, PA 19341, and xL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,
Stamford, CT 06902, , do hereby nominate, constitute, and appoint:
]ames I. Moore
each its true and lawful Attorney(s)-ln-fact to make, execute, attest. seal and deliver for and on lts behalf, as surety, and as its act and
deed, where requlred, any and all bonds and undertakings In the nature thereof, , For the penat sum of no one of whlch is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, vrhen duly executed by the aforesaid Attorney (s) - in - Fact shall be binding upon each sald Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with its corporate seal.
The Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day of July 2017.
REsoLvED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seal and deliver For and on behalf of the Company, any and all bonds, undertaklngs, contracts or obligations ln surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Danlel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch each is hereby authorized to execute powers
of attorney qualiFying the attorney named in the given po\.yer of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co'surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such oFficers named in the preceding resolutlons and the corporate seat of the Company may be
afFixed to such powers of attorney or to any certiFicate relating thereto by facsimile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation in surety or co-surety with others to which it is attached.
IN WITNESS wHEREOF. the Xt SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to
be signed by its duly authorized officers thls April 13th, 2018.
XL SPECIALTY INSURANCE COMPANY
by:
STATE OF PENNSYLVANIA
COUNTY OF CHESTER 6-; hL M"-'^*-8Attest:
Kevin M. Mirsch, ASSISTANT SECRETARY
on this 13th day of April, 2018. before me personally came Gregory Boat to me known, who, belng duly sworn, did depose andsay: that he is Vice President of xL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrumenU thathe knows the seals of said companies; that the seals affixed to the aforesald instrument is such corporate seals and were affixedthereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by like
o rd er.
rl al ,a
SEAL
Uwchlan Twp., Ch
Commirsion Expiri
tor Counly
Apdl 28, 2020
ebcccaR Shalhc.Publicoub,Notrry
es
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NOTARIAL SEAL
s80042
ta'c.
Rebecca C. Shalhoub, NOTARY PUBUC
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Page 1020 of 3023
STATE OF PENNSTLVANI.A
COUNTY OF CHESTER
I, Kevln M, Mlrsch, Asslstant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporatlon of the State of Delaware, do hereby certlfy
that the above and forgotng Is a full, true and correct copy of a Power of Attorney Issued by sald Companles, and that I have compared
same wlth the orlglnal and that lt ls a correct transcrlpt therefrom and of the whole of the orlglnal and that the sald Power ofAttorney ls stlll
In full force and effect and has not been revoked,
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seal of sald Corporatlon, at the Clty of Exton, thls Qth 63y og
December.2020
6^;t*
Kevin M. Mirsch, ASS]sIANT SECRETARY
IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused ib corpomte seal to be hereunto affxed, and these presents to be slgned by its duty
authorized officers thls 13th day of ApriL 2018,
XL REINSURANCE AMERICA INC.
by:
Gregory BoaL VICE PRESIDETIT
C
Attest:
Kevin M. Mirsch, ASSISIANT SECRETARY
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On thls 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that he ls Vice
Presldent of XL REINSURANCE AMERICA INC,, described in and which executed the above lnstrument; that he knows the seal of satd Corporatlon;
that the seal affixed to the aforesald Instrument ls such corporate seal and was affixed thereto by order and authority of the Board of Directors of
(_r^; t*
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{,.*J$
co
Rebecca C. Shalhoub, NOTARY PUBLIC
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevln M. Mlrsch, Asslstant Secretary of XL REINSURANCE AMERICA INC. a corporatlon of the State of New York, do hereby certlfy that the
person who executed this Power ofAttorney, with the rlghts, respectlvely ofXL REINSURANCE AMERICA INC,, do hereby certify that the above
and forgolng ls a full, true and correct copy of a Power of Attorney Issued by sald Corporation, and that I have compared same with tle origlnal
and that It ls a correct transcrlpt therefrom and of the whole orlglnal and that the sald Power of Attorney ls stul in full force and effect and has
not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of sald Corporatlon, at the City of Exton, tnts I 3th
aay or November. 2020
This Power ofAttorney may not be used to execute any bond with an inception date
Kevin M, Mirsch, AS$5fANT SECRETARY
(\f
EALS
Rebecca C. Shalhoub. Nolrry Public
M Commirtion 28,
AL SEAL
ChestorUwcitsn
3
s80042
411312023 12:00:00AM
6-?
Page 1021 of 3023
STATE OF ILLINOIS
COLINTY OF DU PAGE}
II
On November 13. 2020" before me, Alexa Costello, a Notary Public in and for said County and
State, duly commissioned and sworn, personally appeared, James I. Moore. known to me to be
Attorney-in-Fact of XL Specialty Insurance Company. the corporation described in and that
executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument on behalf of the said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires November 19,2023
Alexa Costello, Notary Public
Commission No. 904586
ILLINOIS
19,2A23
OFFICIAJ.SEAL
Aiexa Costello
ion Expires Nov
Page 1022 of 3023
FtoRrD^ DEPABTHET{TI{:oF
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Page 1023 of 3023
SURETY RIDER
XL Specialtv lnsurance Companv
To be attached to and form a part of
Bond No. US00096678SU20A
Effective Date November 13,2020
$2,187,943.90
Pulte Home Company, LLC
XL Specialtv lns urance Companv
Bond Amount
Executed by:
, as Principal
and by:
, as Surety
By
in favor of:
(Obligee)
Collier County, Florida
in consideration of the mutual agreements herein contained, the Principal and the Surety
hereby consent to changing:
Subdivision name:
FROM: Ardena
TO: Argo Livingston
All other conditions remain the same
This rider is effective November 13,2020
November 30,2020Signed and Sealed:
Surety: XL Specialtv Insurance Companv
iYaN-
.Surety James l. Moore, Attorney-in-Fact
I
Page 1024 of 3023
STATE OF ILLINOIS
cotrNTY oF DU PAGE)
)
On November 30. 2020. before me, Alexa Costello, a Notary Public in and for said County and
State, duly commissioned and sworn, personally appeared, James I. Moore. known to me to be
Attorney-in-Fact of XL Specialty Insurance Company. the corporation described in and that
executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument on behalf of the said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year stated in this certificate above.
My Commission Expires November 19,2023
OFFICIAL SEAL
Alexa Costello
NOTARY PUB LIC, SIATE OF ILLINOISlly Com miqsion Expires Nov 19, 2023
Alexa Costello, Notary Public
Commission No. 904586
[\) v,ra Utullo
Page 1025 of 3023
Power of Attorney
XL Specialty Insurance Company
XL Reinsurance America Inc.
BON D NU MBERUSOOO96679SI-J2OA
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with oFfices located at 505
Eaglevlew Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company wtth oFfices located at 70 Seaview Avenue,
Stamford. CT 06902, , do hereby nominate, constitute, and appoint:
]ames I. Moore
each lts true and lawful Attorney(s)-ln-fact to make, execute, attest, seal and dellver for and on lts behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings ln the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesald Attorney (s) - in - Fact shall be blnding upon each said Company as
fully and to the same extent as if such bonds and undertakings u/ere signed by the President and Secretary of the Company and sealed
with lts corporate seal.
The Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of each of the
Companies on the 26th day ofJuly 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appointed by the Board as authorized
t0 make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co'surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obligations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevln Mlrsch each is hereby authorlzed to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety
or co'surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power oF attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such
Facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or
obligation in surety or co-surety with others to which it is attached.
lN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto afFixed, and these presents to
be signed by its duly authorized officers this April t3th, 2018.
XL SPECHLTY INSURANCE COMPANY
by:
GTegory BoaI, !,ICE PRESIDENT
STATE OF PENNS/IVANIA
COUNTY OF CHESTER 6-;-t*Attest:
Kevin M. Mirsch, ASSISTANT SECREIARY
on thls 13th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose andsav: that he is Vice President of XL SPECTALTY INSURANCE COMPANY, described in and urhich executed the above instrument; thathe knows the seals oF said companies; that the seals afFixed to the aforesaid lnstrument is such corporate seals and were afFixedthereto by order and authority of the Boards of Directors of said companies; and that he executed the said instrument by likeorder.
F
NOTARIAL SEAL
Rebccca C. Shalhoub. Notrry Public
Uwchlsn Twp., Chestor County
Commirclon Expircr April 28, 2040M
s80042
rai,,
Rebecca C. Shalhoub, NOTARY PUBUC
N\
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Page 1026 of 3023
Power of Attomey
XL Specialty Insunnce Company
XL ReinsJrance America Inc.
BOND NU MBERUSOOO96678SU2OA
LIMITED POWER OF AfiORNEY
KNOW ALL MEN BY THESE PRESENTS: That xL Specialty Insurance Company, a Delaware lnsurance companies with offices located at 505
Eaglevlew Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview Avenue,
Stamford. CT 06902, , do hereby nominate, constitute, and appoint:
)ames I. Moore
each its true and lawful Attorney(s)-ln-fact to make, execute, attest. seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - ln - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed
with its corporate seal.
The Power of Attomey is granted and is s'Bned by facsimile under and by the authority of the following Resoluuons adopted by the Board of Directors of each of the
Ompanies on the 26th day of luly 2017.
RESOLVED, that Gary Kaplan, Daniel Rlordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appolnted by the Board as authorized
to make, execute, seal and deliver for and on behalF of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakings, contracts or obllgations in surety or co-surety and attach thereto the corporate seal of
the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mlrsch each is hereby authorized to execute powers
of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings ln surety
or co-surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to
attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
afflxed to such powers of attorney or to any certificate relating thereto by facslmile, and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, unde.taking, contract or
obllgation in surety or co-surety with others to whlch lt is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused lts corporate seal to be hereunto affixed, and these presents to
be slgned by its duly authorized officers this April 13th.2018.
XL SPECXALTY INSURANCE COMPANY
by:
Gregory Boal, VICE PRESIOENT
STATE OF PENNSYLVANIA
COUNTY OF CI-IESTER Attest:
Kevin M. Mirs(i, ASSISTAI'TT SECRETARY
On this l3th day of April, 2018, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and
say: that he ls vice President of XL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrumenu that
he knows the seals of said companies; that the seals affixed to the aforesald instrument is such corporate seals and were affixed
thereto by order and authority of the Boards of Directors of said Companies; and that he executed the said instrument by tike
order.
(r-,; r*
''?,$-'
'"*f,t.,,- "
SEAL
Rebccca C. Shalhoub. Notrry Public
28.
NOTARIAL
s80042
Rebecca C. Shalhoub, NOTARY PUBUC
N\
4oag
Page 1027 of 3023
Kevin M. Mirsch, ASSISrANT SECRETARY
lN WITNESS WHEREOF, XL REINST,RANG AMERICA INC has caused lb corpoate seal to be hercrlnlo affixed, and these presents to be stgned by its duv
authorized oflrcers thls 13th day of April 2018.
Xt REIi{SURAI{CE AMERICA INC
by
Gegory 8oal, VICE PRESIDENT
STATE OF PENNSYLVANIA
COUNTY OF C}IESTER
l, Kevln M. Mlrsch, Asslstant Sectetary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby cerufy
that the above and forgolng ls a full, true and corect copy of a Power of Attorney lssued by said Compantes, and that t have compared
same wlth the orlglnal and that lt ls a correct transcrlpt therefaom and of the whole of the orlglhal and that the sald Power ofAttorney ls still
ln full force and effect and has not been revoked.
IN wITNEss WHEREoF, I have hereunto set my hand and nfflxed the seal of sald Corporatlonr at the Clty of Exton, thtsl_lth_day of
November. 2020
b-; b^ M;^-8
6-; l'^ M;J
C
,";*r$;9r.1*
t+.r,s-r$
Kevio 11. Milsch, ASSSrANT SECRfiARY
STAE OF PENNSYLVANIA
@UNTY OF CHESTER
On thls 13th day ofApril, 2018, before me personally came Gregory Boal to me known, who, belng duly strorn, dld depose and say: that he ls VIce
Presldent of xL REINSURANCE AMERICA INc., descrlbed ln and whlch execlrted t}le above tnstrumenu that he knows the seal of satd Corporauon;
that t}le seal affixed to the aforesald Instrument ls such corporate seal and was affb(ed thereto by order and authorlty of the Soard of Dlrectors of
U3ER.
STA1E OF PENNMVANIA
COUNTY OF CHESIER
I, Kevln M. Mlrsch, Asslstant Secretary of XL RSNSURANCE AI.,IERIC.A lNC, a corporauon of the State of New York, do hereby cerflfy that the
person who executed thls Power of Attorney, wlth tie rlghts, respectlvely of XL REINSURANCE AMERICA tNC,, do hereby cerflfy that tie above
and forgolng ls a full. true and conect copy of a Power of Attorney lssued by sald Gryoratlon, and tlat I have compared same wlth the orlgtnal
and that lt Is a conect tianscdpt thetefrom and of the whole orlglnal and that the sald Power of Attorney ts sull ln fu[ force and effect and has
not been revoked.
tN WTTNESS WHEREOF, I have hereunto set my hand and affixed the seat of sald Corpo6tlon, at tie Ctty of Exton, thk 13th
day of NoYember. 2020
This Power of Attomey may not be used to exeqrte any bond with an tncepdon date
Kevin TI. Mi6.N, ASSISIANT SECRETARY
EALS
NOTARIAL SEAL
Rcbccc. C. Shalhoub. Not.ry Public
Uychlsl| Twp., Chestor County
My Commirslon Expirer Agril 2C, 2020
sB0042
4 6-?
Rebecca C. Snahoub, NOTARY PUBUC
("-; r,x Y;J
411312023 't2:00:00AM
Page 1028 of 3023
December 7, 2021
XL Specialty Insurance Company
505 Eagleview Blvd.
Exton, PA. 19341
RE: Your Bond No. US00096678SU20A / Pulte Home Company
Ardena f/k/a Argo Livingston PL20200000146 Bond reduction request #1
Dear Sir or Madam:
Please be advised that based on the work completed, certified, and inspected to date, the
referenced Performance Bond may be reduced by $1,187,843.90 leaving an available security of
$333,744.90. The remaining security represents $134,850.00 in uncompleted improvements,
plus $198,894.90 as the required 10% maintenance security.
An original Bond Rider reducing the value of the Performance Bond should be directed to this
office, “all other terms and conditions of original Performance Bond to remain in full force and
effect”.
The reduction will become effective upon our receipt of the Bond Rider.
If I can be of any further assistance to you in this regard, please let me know.
Sincerely,
John Houldsworth
John R. Houldsworth
Senior Site Plans Reviewer
‘with authority in these matters’
Cc: Kim Scher, Grady Minor Consulting
Page 1029 of 3023
RIDER
To be attached to and form a part ofBond No. US00096678SU20A
Effective: November 13, 2020
Bond Amount: $2,1 87,843.90
Executed by: Pulte Home Company, LLC as Principal
and by: XL Specialty Insurance Company as Surety
in favor of: Collier County, Florida as Obligee
In consideration ofthe mutual agreements herein contained, the Principal and Surety
hereby consent to reducing the bond amount to:
"Three Hundred Thirty Three Thousand Seven Hundred Forty Four and 90/100 Dollars
($333,744.90)"
Nothing herein contained shall vary, alter or extend any provision or condition ofthis
bond except as herein expressly stated.
This rider is effective: December 7, 2021
Signed and Sealed: December 16,2021
Principal:te
Bv:Gre o S. Rives
Assistant Treasurer
S urety : XL Specialty Insurance Company
Bv
Kellv tlomey-in-Fact
Page 1030 of 3023
Power of Attorney
xL Sp€dalty In$rance Company
xL Rdnsirance Amerlca IrE
BOND NUMBER U500096678SU20A
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESET{TS: That xL Sgeclalty Insuranae Company, a Oelaware lnsirrance companles vvlth offlces located at 505
Eagtevtew 8tvd.. Exton, PA 19341, and xL Relnsurance Amerlcr Inc., a New York insurance compnny wlth offlces located at 70 se.vlew avenue,
Stamford, CT 06902, , do he.eby nomlnate, constltute, and appolnt:
Kelly A. Gardner
XL SPECIATTY INg'RAI{CE COMPAI{Y
Glegsy BoaL VICI PRESIOENT
RESOLVED, that Gary Kaplan, Danlel Rlordan, Marl. Dui.rt, Gregory Boal and Kevln Mlrsch are hereby appolnted by the Eoard as authorired
to make, execute, seal aod deltver for and on behalf of the Company, any and all bonds, undertaklngs, contracts or obllgatlons In surely or
co-surety wlth others and that the Secretary or any Asslstant Secretary of the Company be and that each of them hereby ls authorlzed to
attest the executlon of any such bonds, undertaklngs, coatracts or obllgatlons ln surety or co-surety and attach thereto the corporate seal of
the ComDany.
RESoLvED, fURTHER, that Gary xaplan, oanlel Rlordan, Marla Duhart, Gregory Boal and Kevln lillrsch ench ls hereby authorlred to execute powers
of attorney qualllylng the attorney named ln the glven power of attorney to execute, on behalf of the Company, bonds and undertaklng9 ln surety
or co-surety wlth others, and that the Searetary or any Asslstant Secretary of the Company be, and that each ot them ls hereby authorlzed to
attelt the executlon of any such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, th.t the slgnature of suah offlcers named ln the preceding resolutions and the qorporate seal of the Company may be
afftxed to such powers ol attorney or to any certlllcate.elatlng thereto by facslmile, and any such power of attorney or aertlflcate bearlng such
facstmlle slgnatures or tacslmlle saal shall be thereafter valld and blndlng upon the Company wlth respect to any bond, undertaklng, contract or
obllgatlon In surety or co-surety wlth others to whlah It ls att.ched.
IN WITNESS WHEREOF, the xL SPECIALTY INSURAiICE COMPAI{Y has caused its corporate seal to be hereunto afflxed, and these presents to
be slgned by lts duly .uthorl!.d olflce.s thls Aprll r3th, 2018.
AfiESt:6^; tx
On thts l3th day of Aprll, 2018, before me personally came Gregory Eoal to me known, who, belng duly sworn, dld depose and
say: that he ls vlce Presldent of xL SPECIALTY lNsuRANcE co[PANY, descrlbed ln and whlch executed the aDove lnstrument; that
he knows the seals ot sald Companlcs; that the seals afflxed to the aforesald lnstrument ls Such corporate seals and were aftlred
thereto by order and authorlty of the Boards of Dlrectors ot sald Companles; and that he executed the sald lnstrument by llke
order,
it..;lb"
?"-,'r;
Ks/in H. Mirsd, ASSISTAI,IT SECRETARY
I{OTARIAL SEAL
Rcb.cc. C. Sh.lhoub, Notary Public
t rdrLtl Trp., Cho3t r Cosnl,
Uy Commlrrloo Exparca Agril 2E, 2020
s 80042
coM NSYLVANIA
Rebeco C Shalhoub, NOTARY PUBUC
each tts t.ue and tawfut Attorncy(s).tn-faat to ma&e, execute, attest, seal lnd dellver to, and on lts behalf, as surety, and as lts act and
deed, where requlred, any and all bonds and undertaklngs ln the natu.e thereof, , for the penal ssm of no one of whlch 15 ln any avent to
exceed 1100,000,000.00.
Such bonds and undertallngs, when duly executed by the aloreiald Attorney (s) - in - Fact shall be blndlng upon aaah sald Company al
fully and to the rama extent as lf such bonds and undenallngs were slgned by the Presldent and Sccrctary 0f the Company and saalcd
wlth lts aotpo.ate seal,
the fuu'tr of AtErE, b grartad and b CgrEd by facCrille unirc. and by the adfurty of fu bfia,vritg Resdrtdrs ado@ by OE Board of D{I€ato(s of edt of the
ConDates dr the 26th day of JUV 2017.
@c,A?
STATE OF PENI{5'YLVAI{IA
@UNTY OF OIES'IER
Page 1031 of 3023
5TA1E OF PENNSYLVA'IIA
@UNTY OF GIESIER
l, Kevln M. Mlrsch, Asststant Secretary of XL SPEOALTY INSURANCE COMPANY, a corponatlon of the Stale of Delaware, do hereby certlfy
that the above and forgolng ls a ftrll, true and conect copy of a Powe. of Attomey lssued by sald Companles, and that I have compared
same wlth the orlglnat and that lt ts a corred transcrlpt tierefrcm and of the whole of the orlglnal and tlat the sald Power of Attotney ls stlll
ln full force and etfect and has not been revoked.
IN WITNESS WHEREOF, I hsve hereunto set my hand and afflxed the seal of sald Corporatlon, at the Clty of Exton, thls LoIL-day of
[)ecember, 2021
6-; ttt
6-; l'^ M;--8
SEAL
Kevin }4. Mirsd, ASSGIANT SECRETARY
lN WrNESS WHEREOF, XL RtrNSTRANCE AT4ERICA tNc. has caused lb corpocte seal to be hereur*o afixed, and these presenb b be slgned by R5 duly
authorlzed oficers thls 8th day of &dl, 2018.
XL RETIISURANCE AI{ERICA IIIC,
by:C
AtteS:
l(erln t4. MiGth, ASSISrANT SECREIARY
STATE OF PENNMVANIA
@UNTY OF CTIESIER
On thls 13th day of April, 2018, before me p€rsonally came Gregory Boal to me known, who. belng duly swom, dld depose and 9ay: that he I9 \Ice
Presldent of XL REINSURANCE AMERICA lNC., descrlbed ln and whlch executed the above lnsbumenq tiat he knows tle seal of sald Corporatlon;
tiat the seal amxed to tle afore$ld lnsbument ls such @rpo6te seal and vias amxed tlereto by order and autho.lty of the Board of Olrectors of
ii..}b
it&,,y;:F
NNSYLVANIA
Rebecca C. Shalhoub. OTARY PUBl,lC
b-; t*
Thls Power of Attomey may mt be used b exeorte any bond with an Inception date
Kevin M. Mlrsdr, AS9SfAXT SECREIARY
NOTARIAL SEAL
R.b.cc. C- Shalhoub, Notrry Public
u*chlcn Twp., Chcrtor Counly
My Comml$lon Expiret Apdl 2C. 2020
s80042
411312023 12'.00:00AM
SIATE OF PENNSILVAI'IIA
@UNTY OF C1IESTER
l, Kevln M, Mlrsch. Asslstant S€cretary of XL REINSURANCE AM€RICA INC. a corporatlon of the State of New York, do hereby cerufy t rat tie
person who exeqted thls Povrer of Attomey, wlth tie rlghb, respectlvely of XL REINSURANCE AMERICI INC., do hereby cerufy tiat the above
and forgolng Is a full, t ue and correct copy of a Power of Attorney lssled by sald Corporauon, and that t have compared same wlth the orlglnal
and tlat lt ls a corect transcrlpt therefrom and of tie whole orlglnal and that tie sald Power of Attorney ls sdll ln full force and effect and has
not been revok€d.
tN WITNESS WHEREOF, I have hereunto set my hand and afflxed the seal of sald Corporatlon, at tie Oty of Exton, tlts --Lqh-
day of December. 2021
Gregory Boal, vlcE PRESIDENT
Page 1032 of 3023
STATE OF GEORGTA)
) ss.
couNTY oF FULTON)
This record was acknowledged before me on December 16,2021 ,
appeared Gregory S. Rives, Assistant Treasurer, of Pulte Home
Company LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
/
nature N ry Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Nolary Public - SIale ol Georgrd
Fuilon Counly
[4y Commssion Erpires Mar 18.2022
ACKNOWLEDGEMENT BY PRINCIPAL
WITNESS my hand official seal.
Page 1033 of 3023
STATE OF ILLINOIS
COLINTY OF DU PAGE}
t
I
On December I 6 2021 , before me, Alexa Costello, a Notary Public in and fbr said County and
State, duly commissioned and swom, personally appeared,Kelly A. Gadner, known to me to be
Attomey-in-Fact of Xt, Specialty Insurance Com Danv the corporation described in and that
executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument on behalfofthe said corporation, and he duly acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and aflixed my official seal, the day and
year stated in this certificate above.
My Commission Expires November 19,2023 A fu^,. C^ df^-
Alexa Costello, Notary Public
Commission No. 904586
oFFlclAL sE L
Abxa Co3!e0o
NOIARY AJ4JC, SIAIE oF ll'lNols
iify C{ruib.&n E.Plrr t{o/ tg' 2023
Page 1034 of 3023
ITI',S()LT,TION NO.26-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONE,RS OF COLLIER COUNTY, FLORIDA
ACCEPTING THE COUNTY MAINTENANCE
RESPONSIBILITIES FOII TRACT "II-I", AND TIIACT "R-
CERTAIN ROADWAY AND DI{AINAGE
IMPROVEMENTS AND PLAT DEDICATIONS IN AII,GO
I,IVINGSTON, ACCoITDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 68, PAGES 82 THROUGH 86,
AND RELEASE OF THE MAINTENANCE SECURITY.
WHEREAS, the Board of County' Commissioners of Collier County, Florida, on
September 9. 2020, approved the plat ofArgo Livingston for recording; and
WHEREAS, the Developer has constructed and maintained the roadway and drainage
improvernents in accordance with the approved plans and specifications as required hy the Land
Development Code (Collier County Ordinance No. 04-41. as amended): and
WHEREAS, the Developer is requesting final acceptance ol the 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 of said facilities; and
WHEREAS. Tract "R-1" and Tract "R-2," Argo Livingston, according to the plat thereol
recorded in Plat Book 68. Pages 82-86. in thc public records ol Collier County. Florida. were
dedicated to the County with the responsibility fbr maintenance in plat dedication paragraph A.l;
and
WHEREAS, the County seeks to formally accept maintenance responsibilities for Tract
"R-1" and Tract "R-2," Argo Livington.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COI-LIER COUNTY, FLORIDA. that final acceptance is hereby
granted for those roadway and drainage improvements and plat dedications in Argo l,ivingston,
pursuant to the plat thereof rccorded in Plat Book 68, Pages 82 through 86. and the Clerk is
hereby authorized to rclease the maintenance security.
BE lT FURTHER RESOLVED AND ORDERED that the roadway and drainage
improvements within Argo Livingston, except for Tract "R-1" and Tract "R-2," will be
maintained privately in the future and will not be the responsibility of Collier County. Collier
County accepts maintenance of Tract "R-1" and Tract "R-2" which were dedicated to the County
in fee simple as a public road right-of-way.
This Resolution adopted after molion. second and majority vote favoring same, this
dav of 7026.
CAO
Page 1035 of 3023
ATTEST:
CRYSTAI, K. KINZEI-. CLERK
Deputy Clerk
Approved as to form and legality:
Courtney L. DaSilva
Assistant County Attorney
BOARD OF COLINTY COMMISSIONERS
COI,I,IER COUNTY. FLORIDA
tlv:
Dan Kowal. Chairman
CLD
21LlUo
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