Backup Documents 03/10/2015 Item #16A 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received In the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
It
4. BCC Office Board of County `1\
Commissioners V���S--
.I kl k°\\\S
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or sing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was March 10,2015 Agenda Item Number 16A4
Approved by the BCC
Type of Document Plat—Mandalay Place Number of Original One
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? k r
2. Does the document need to be sent to another agency for additional signatures. If yes, JH 1V
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 10,2015 and all changes made
during the meeting have been incorporated in the attached document. The County �)
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A `t
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office ' tiff Q /IS
W
4. BCC Office Board of County
Commissioners V N \v\Nc& .
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff John Houldsworth Phone Number x-5757
Contact/ Department
Agenda Date Item was March 10,2015 Agenda Item Number 16A4�
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Bond—Mandalay Place Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature=� h`ti<
2. Does the document need to be sent to another agency for additional signature? If yes, JH
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JH
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JH
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on March 10,2015 and all changes made / ( iC65
during the meeting have been incorporated in the attached document. The County .
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the (IP sty;
BCC,all changes directed by the BCC have been made, and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
i6A 4
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this Off. ` day of ‘p1-ei,Jb,17 , zoite ,between D.R.HORTON,INC.
hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board
of a certain plat of a subdivision to be known as: MANDALAY PLACE
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 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: Site improvements including but not limited to clearing,
filling, excavation, installation of roadway improvements and utilities associated with Mandalay Place within 12
months from the date of approval 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$528,235.55 which amount represents 10% of the total
contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements
at the date of this Agreement.
3. In 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, 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 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.
5. The County Manager or his designee shall, within sixty (60) 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) notify the Developer in writing of his refusal to approve improvements, therewith specifying those
conditions which the Developer must fulfill in order to obtain the County Manager's approval of the
Page 1 of 3
16A4
improvements. However, in no event shall the County Manager 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 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
Developer has terminated,the Developer shall petition the County Manager or his designee 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 Collier County 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 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. In the event the Developer shall fail or neglect 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 improvements. The Board shall
have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids,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, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may sustain on
account of the failure of 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.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this 16 day of L . i,4,Q y- , 20 1E .
Page 2 of 3
1 6 A 4
SIGNED IN THE PRESENCE OF: D.R. Horton, Inc.
•
• • - By:
Print Nam : . , , - e 4- Jonathon P-ntecost
_Vice Pres'•ent
tiza rY1 _. ' Print Nam /T' - (President, VP, or CEO)
Print Name: , Eel r►1 Provide Proper Evidence of Authority
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By: By:
Dwight1Eroc1{ C1e� ,.
-r ,% iJ AIN , Chairman
Attest as to chairman s
signature only.
Approved as to Ionia 4"03 �
. \*.
it
L
a+ A_ 54-0„.,_,
Assistant County Attorney
Approved Form—JAK—February 2006
Page 3 of 3
.. 16A4
'ESTIMATE; OF PROBABLE COST 11/4/2014
MANDALAY PLACE SUBDIVISION
QTY'. UNIT COST PRICE
POTABLE WATER
HOT TAP EXISTING 8"MAIN 1 EA $5,152.00 $5,152.00
4" PVC DR 18 110 LF $18.27 $2,009.70
4" PVC DR 14 70 LIF $17.80 $1,246.00
8"PVC DR 18 794 IF $18.27 $14,506.38
8"PVC DR 14 36 IF $17.80 $640.80
8"GV. 2 EA $1,342.00 $2,684.00
FIRE HYDRANT • 3 EA $3,521.00 $10,563.00
PERM SAMPLE POINT 1 EA $1,535.00 $1,535.00
SERVICES 9 EA $488.00 $4,392.00
4"PVC CONDUIT 160 IF $10.18 $1,832.40
AIR RELEASE VALVE 3 EA $1,080.00 $3,240.00
TESTING 1 EA $3,100.00 $3,100.00
TOTAL WATER $50,901.28
DRAINAGE
15"RCP 882 LF $22.77 $20,083.14
18"RCP 27 LF $26.77 $722.79
24"RCP 281 IF $34.66 $9,739.46
GRATE INLET 7 EA. $1,200.00 $8,400.00
THROAT INLET 6 EA, $2,400.00 $14,400.00
MITERED END 2 EA, $800.00 $1,600.00
CONTROL STRUCTURE 1 FA $2,400.00 $2,400.00
TOTAL DRAINAGE $57,345.39
PAVING
1"ASPHALT S-III 3019 SY $3.45 $10,415.55
.5"ASPHALT S-III OVERLAY 3019 SY $2.75 $8,302.25
6"BASE: 3019 SY $8.33 $25,148.27
12"STABILIZED SUEIGRADE 3883 SY $2.50 $9,707.50
VALLEY GUTTER 2311 LI: $7.05 $16,292.55
TYPE A CURB 157 LF $9.10 $1,428.70
HANDICAP (RAMP'S - 0 LS $300.00 $0.00
STRIPING AND SIGNAGE: 1 LS $364.33 $364.33
SOD STRIP 2468 LF $0.25 $617.00
SEED/MULCH 1 LS $1,000.00 $1,000.00
SIDEWALK 0 LF $5.40 $0.00
SIDEWALK BASE 0 SY $3.40 $0.00
PCP 1 LS $2,000.00 $2,000.00
TOTAL PAVING $75,276.15
F'PI.A-PL2013000.1.532 REV:3
MANDALAY PLACE'
DATE: 31/6/14
DUE: 12/2/14
. 16A4 .
,.
EARTHWORK, LIGHTING& BUFFERS
SILT FENCE 7543 IF $1.50 $11,314.50
CLEARING 3.96 AC $3,350.00 $13,266.00
ALL 5600 C:Y' $10.00 $56,000.00
STREET LIGHTS 8 EA $1,000.00 $8,000.00
BUFFER: 2235 IF $11.96 $26,730.60
TOTAL EARTHWORK $115,311.10
SANITARY SEWER
8"PVC 856 IF $17.25 $14,766.00
4'MANHOLE 6 EA $3,200.00 $19,200.00
Ei PVC LATERAL 40:2 IF $9.56 $3,843.12
6"CLEANOUT 13 EA $ 120.00 $5,460.00
iV 1 EA $3,490.00 $3,490.00
LIFTST'ATION 1 LS $131,000.00 $131,000.00
4"FORCEMAIN 24.5 LF $14.78 $3,621.10
TOTAL SANITARY SEWER: $181,380.22
TOTAL [7-$480,214.141
RESUBMITTAL FEE $500.00
RESIDENTIAL PLAT FEE 7.2 AC $1,040.00
ENGINEERING REVIEW .$247,932.64 0.75% $1,859.49
UTILITY REVIEW N/A CITY OF NAPLES $0.00
$3,399.49
PAID WITH SUBMITTAL $2,040.00
REM NDEFt $1,359.49
-r
IA --°.
J GARY BUTLER, PE 35479
11/4/2014
16 A 4
PERFORMANCE BOND
BOND NO. 41305925
KNOW ALL PERSONS BY THESE PRESENTS: that
D.R. Horton, Inc. (Name of Owner)
10541 Ben C Pratt/Six Mile Pkwy., Ste 100 (Address of Owner)
Ft. Myers, Florida 33966 (Address of Owner)
(Hereinafter referred to as "Owner") and
Platte River Insurance Company (Name of Surety)
500 Northridge Road, Suite 375 (Address of Surety)
Atlanta, Georgia 30350 (Address of Surety)
(678) 528-6603 (Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Five Hundred Twenty Eight* Dollars
($ 528,235.55 ) in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plu'3!, as the context
requires. * Thousand Two Hundred Thirty Five and 55/100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Mandalay Place 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
Board of County Commissioners of the specific improvements described in the Land Development
Regulations(hereinafter the "Guaranty Period").
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties
in accordance with the Land Development Regulations during 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 agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
16A4
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 27th .. •f August / 2015 /
WITNESSES: (Owner Name and Tit - if Corporation Horton, Inc.
LAN t
Print d Name .1 y. i, ' Printed Name/T. e 4 ���� < < �� J, /ti s�r� %'%�J y
yvA h"� U�i tLLU(1�`�IL, c�h rf��;�J l �.+;<, •—
_� idc,J (Provide Proper Evidence of Authority)
Printed Name1Y" I()e s
ACKNOWLEDGEMENT
STATE OF F.4.,,,60-
COUNTY
4-v,,b0-
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
40670.577 ) '7 / , 20 , byJ c�ia 7Aec; A ilree-d_5 r (NAME
OF ACKNUWLEUGER) AS Ns,/ (TITLE) OF 17. R, .I4 tllZ-70d , (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public—State of r--/_,0-1sr'
(SEAL) BARBARA KALASH
Notary Public,State of Florida
,/ My Comm.Expires March 17,2019
1.1�a-at4 /�-e e y Commission No.FF 200595
Printed Name 2ce r ,�t�� t /4..„:i/�
Witness: Platte River Insurance Company
By: � -C., 414 By: �i Q.
Gloria Robb Margaret M. Ginem, Attorney-in-Fact
FL Licensed Resident Agent
CIO WILLIS OF FLORIDA
4211 W.BOY SCOUT BLVD,#1000
TAMPA, FL 33607
INQUIRIES.(813)281-2095
161A4
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH SS.
On this 27th day of August, 2015 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-In-Fact on
behalf of Platte River Insurance Company, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature
Eileen C. Heard
......c EILEEN C.HEARD
'R^ .` Commission#FF 163460
�j Expires October 22,2018
`'•c•Qr t1-30 9onMd They Troy Fan Insurance 400.385-7019
This area for Official Notarial Seal
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- ,,: PLATTE RIVER INSURANCE COMPANY 41305 9 2 5 ;'_°
POWER OF ATTORNEY
i{•
_A KNOW ALL MEN BY THESE PRESEN"IS,That the PLAT'T'E RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its ,_
► principal offices in the City of Stiddlcton.Wisconsin,does make,constitute and appoint .�
a ------- --ANF.TT E CARDINALE;DAVID H CARR;MARGARET A GINEM;EILEEN C HEARD;DIANE SIDEBOTHAM
a s
I
a its true and lawful Attomey(s)-m fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its ilei and deed, any and all bonds, Imo.
undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in «-,
�0-. &
s, amount the sum of '� "
ALL WRIiTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000.00
This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of PLATTE:RIVER INSURANCE CONIPANY at a meeting duly called and held on the lith day ofJanu try,3003- 74:-4
.
'>°..i “RESOLVED,that the President,and Vice President,the Secretary or Treasurer,acting individually or otherwise,he and they hereby are granted the '" ;.
•- a .ri
power and authorization to appumt by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings f -
„-a obligatory in the nature thereof,one or more vice presidents,assistant secretaries and attorncy(s)-m fact each appointee to have the powers and duties ,
;��", Usual to such offices to the business of the company; the signature of such officers and the seal of the Corporation may he affixed to such power of t " 'f
i7 attorney or to any certificate relating thereto by I mcsinnle,and any such power of attorney or certificate hearing such facsimile signatures or facsimile 11,:-...-441:::.3,-:::,
•t.••--
•;a.�+�"1 seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature ?� 4..: , ;?E
thereof to which it is attached.Any such appointment may he revoked,for cause,or without cause,by any of said officers,at any time."
�" �'� In connection with obligations in favor of the Florida Department of Irausportation only,it is agreed that the power and authority hereby given to the 4�
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts �
a required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation I t7^..4' Vii.
making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety eontpany of auy of its ohligations under its bond.
,',',,i,, ,,,,-.,:„.1 ' In connection with obligations in Iisor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the1;.1.,-_-,„t:-..;;;;.;,•;,/' t' ''
Attorney-tit-Fact cannot he modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-Department of 1 _
,Y Highways of the Commonwealth of Kentucky at least thirty f30)days prior to the modification or revocation. 11.rr fs;
IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to he signed by its officer undersigned and '
`f' its corporate seal to he hereto affixed duly attested,this 5th day of January,2014. s
I
Attest: _�
;+ a t"•0°t'""tt PLATTE:RIVER INSURANCE COMPANY '«
':',..7:igii'il 1?1,44t--f 0 P,NSURgN
Ae--;e4•1* ,..,,,,
Richard W.Allen III i
�.. if
"'1 President SEAL = Stephen J.Silk1�
Surety& Fidelity Operations CFO& President -
SPATE OF WISCONSIN 1 `a WEIRASC e, - ,f:'
S S: n lf�rt;m ,,.vv
COUNTY OF DANE
On the 8th day of January,2014 before me personally came Stephen J.Stills,to me known,who being by{rte duly sworn,did depose and say: that he ) -
r a resides in the County of New York,State of New York.that he is President of PLATTE RIVER INSUR SNCE CO\IPANY,the corporation described i�,, .,,
herein and which executed the above instrument: that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate 1'"=
_- seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name}hereto by like order.
'+.f If ;
i ♦-- DANIEL //-///^/�,/EJ//f I
ry.' KRUEGER • Daniel W. Krueger 11.47._-...1:1,7/..;:d
x STATE OF WISCONSIN ' Notary Public. Dane Co.,WI
S-S.:
COL N I Y OF DANE ( My Commission Is Permanent
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d►E. I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska
_.;. Corporation,authorized to make this certificate.DO HEREBY CERTIFY that the foregoing attached Power of,Attorney remains in full force and has >'-"..2 2r'9
t not been revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. -�
Signed and sealed at the City of Middleton,State of Wisconsin this _ day of 2 0 /,5 !
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Alan S.Ogilvie r.
- / Secretary
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CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT
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16A4
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected,qualified and acting Assistant Secretary of D.R. Horton,Inc.,a
Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly
authorized to certify the same.
2. The following is a true,correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of Executive Committee of the Board of Directors of the Company
dated November 18,2013(the "Resolutions"). The Resolutions have not been amended,rescinded
or modified and remain in full force and effect as of the date hereof.
Authority of Vice President and.City Manager and Designation of Registered
Broker-Southwest Florida
WHEREAS, effective January 3, 2007, Jonathon M. Pentecost was duly
elected to the office of Assistant Secretary of the Company in the Company's South
Florida Division, which division has split into two divisions now known as the
Southeast Florida Division and the Southwest Florida Division;
WHEREAS. effective November 10, 2011, Jonathon M. Pentecost was
promoted to the position of Vice President and City Manager of the Company;
WHEREAS,effective June 12,2013,the Company appointed Jonathon M.
Pentecost to serve as registered broker of each D.R. Horton Realty of Southwest
Florida, LLC, a Delaware limited liability company ("D.R. Horton Realty -
Southwest"), and Emerald Realty of Southwest Florida,LLC,a Delaware limited
liability company("Emerald Realty- Southwest"), in the State of Florida;and
WHEREAS,the Company now desires to appoint Jonathon M.Pentecost to
serve as registered broker of Express Realty of Southwest Florida, LLC, a
Delaware limited liability company("Express Realty- Southwest").
NOW, THEREFORE, BE IT RESOLVED, that Jonathon M. Pentecost
shall continue to hold the office of Vice President of the Company (the "Vice
President")in the Company's Southwest Florida Division(the "Division"), to serve
until the next annual meeting of the directors of the Company and until his successor
is duly elected and qualified or until his earlier death, resignation or removal.
RESOLVED FURTHER,that the Vice President is hereby authorized and
empowered,in the Division and in the name and on behalf of(A)the Company, (B)
any partnership of which the Company is a general partner,manager or agent,and(C)
any limited liability company of which the Company is a member,manager or agent
(collectively the "Entities"), (i) subject to written approval by any one of the
following officers of the Company: (a) Chairman of the Board, (b) President, (c)
Senior Executive Vice President, (d) Executive Vice President or (e) the Region
President of the Division (the "Approving Officers"), to execute and deliver
contracts, agreements and other documents and instruments (other than promissory
notes) for the purchase of real property, and any improvements or appurtenances
16A4
constructed thereon or affixed thereto, or any interest therein, including without
limitation any right-of-way, easement, leasehold or other tangible or intangible
property,right or interest,and any personal property relating or incident thereto,(ii)
subject to written approval by any one of the Approving Officers, to execute and
deliver contracts,agreements,deeds,conveyances or other obligations of the Entities,
closing statements and other documents and instruments for the sale of improved or
unimproved real property,or any interest or right therein,owned,leased or otherwise
controlled by the Entities and(iii)to execute and deliver model home leases and such
other agreements, instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER, that in connection with the management of the
Entities' business, the Vice President is hereby authorized and empowered, in the
name and on behalf of the Entities in the Division, to execute and deliver (i)
contracts, agreements and other documents and instruments for the subdivision,
development and/or improvement of real property, (ii) home sales contracts, sales
person employment agreements and similar or equivalent agreements,documents or
instruments and (iii) personal property leases for, among other things, office
equipment and construction trailers.
RESOLVED FURTHER, that in connection with the management of the
Entities' business in the Division, the Vice President shall be authorized and
empowered,in the name and on behalf of the Entities in the Division,to execute and
deliver any and all documents and instruments necessary to sell and convey title to
single-family homes.
RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve
as registered broker for D.R.Horton Realty -Southwest in the State of Florida.
RESOLVED FURTHER,that Jonathon M.Pentecost shall continue to serve
as registered broker for Emerald Realty -Southwest in the State of Florida.
RESOLVED FURTHER, that the Company, in its capacity as the sole
member of Express Realty-Southwest,hereby designates Jonathon M.Pentecost as
registered broker for Express Realty -Southwest in the State of Florida.
RESOLVED FURTHER,that the authority hereby granted to Jonathon M.
Pentecost supersedes authority previously granted by Written Consent of Executive
Committee of the Board of Directors to Jonathon M.Pentecost as of the date hereof.
IN WITNESS WHEREOF, the undersigned has set his hand on the 10`h day of January,
2014.
4,1114a. l'hotOneteib•
Thomas B. Montano
Assistant Secretary
U:VTEWALTR9in0H1ll4Jan1 O-COAS5.wpd 2