Backup Documents 12/08/2015 Item #16A10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 64' 1
0
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.
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 ‘6
�laa
4. BCC Office Board of County \�N(
Commissioners V AAA.)/ VZ\2?\\
5. Minutes and Records Clerk of Court's Office
123/1
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 December 8,2015 Agenda Item Number 16-M 0
Approved by the BCC
Type of Document Plat -Winding Cypress Phase 2C 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)
1. Does the document require the chairman's original signature? JH
2. Does the document need to be sent to another agency for additional signatures? 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 December 8,2015 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 ai
BCC,all changes directed by the BCC have been made,and the document is ready for the
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
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 0
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.
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 routinglines#I throu;h#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 S
4. BCC Office Board of County _ �j
Commissioners \\f(/ la\-23
5. Minutes and Records Clerk of Court's Office 0 Z'7.h is-a Y
Not
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 December 8,2015 Agenda Item Number 16-A 10
Approved by the BCC
Type of Document Construction&Maintenance Agreement Number of Original Two
Attached and Performance Bond -Winding Cypress Documents Attached
Phase 2C
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? JH
2. Does the document need to be sent to another agency for additional signatures? 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 December 8,2015 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 the - F
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
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CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION Alp MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this', I day of V-e,t. W4 ' , 20 i S between
DiVosta Homes,LP 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 certain plat of a subdivision to be known as: Winding Cypress Phase 2C
B. Chapter 4 and 10 of the Collier County Land Development Code required 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: Roadway, drainage, water&sewer Improvements
within 1s 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$1,023,569.39 -which amount represents 10% of
the total contract cost to complete the construction plus 100% of the estimated 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 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 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 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.
f
14
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 2,) day of Pf e-E kx, E M , 20 / .
SIGNED IN THE PRESENCE OF: (Name of E
61111ft.
` ct /J B .411 Wir
., v/
Printed Name
Printed Name/Title
(President,VP, or CEO)v Q-kbet&VVy1kNr
(Provide Proper Evidence of Authority)
Printed Name
.IVO_nna her-
ATTEST:
DWIGHT E. BROCK 1r BOARD OF COUNTY COMMISSIONERS
OFCOLI JAR COUNTY, FLORIDA
y: •
Clerkest 7 .'t •
A as' TIM NANCE, CHAIRMAN
Approved as tosfgrat a ity:
Scott A. Stone, Assistant County Attorney
Prepared by and return to:
Scott Clements
Area General Counsel
PuUe Home Corporation
2301 Lucien Way, Suite 155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned officer authorized to administer oaths, on this day personally appeared Scott M,
Clements,who upon being duly sworn,deposes and says:
1. He is over the age of eighteen(18)years and has personal knowledge of the facts stated herein.
2. He is Area General Counoe|, Vice President, and Assistant Secretary of Pulte Home CorpmnaUmn, a Michigan
corporation (the"CorpOration"), which ha's never been dissolved.
3. The individuals identified below have been duly authorized to execute documents on behalf of the Corporation in
accordance with the Signing Power Resolutions adopted by thCorporation as of September 10, 2009, currently in
effect and attached hereto in pertinent part as Exhibit'A" (the Signing Powers Rauo|uUon^), and such documents,
property executed by the individuals identified be|ow, on behalf of the Corporation are binding upon the
Corporation:
Rich McCormick Division President(South Florida)
Brian Yonaley Vice President—Finance(South Florida)
Bryce Langen Director—Finance and Assistant Treasurer
Chris Hasty Vice President—Land Development and Acquisition(South Florida)
Michael Woolery Director—Land Development(South Florida)
Keith Stewart Vice President—Construction Operations (South Florida)
Joshua Graeve Vice President—Sates(South Florida)
Scott Clements Vice President and Assistant Secretary
Pierre de Amezola Assistant Secretary (North Florida and South Florida)
Joshua S. Graeve Assistant Secretary (North Florida and South Florida)
Craig Russo Assistant Secretary (North Florida and South Florida)
4. Additionally and specifically:
A. Nicole Freilas and Laura Ray, in their respective capacities as Closing/Homebuyer Coordinators,,
have been duly authorized to execute (i) contracts for the sale of residential homes or lots to
consumers (not to another business), and (ii) deeds of conveyance and all other documents that
are relevant or incident to the sale and closing of residential homes or lots to consumers (not to
another business) including any mo�Bage'ra|o8addocuments, such as buydown agreements or
other relevant documents, onbehalf ofthe Corporation, and such documents, properly executed by
such individuals on of the Corporation, are binding upon the Corporation. Any above
dprior to�h�date Freitas,�eofihisAffidaxitbyN��oas Sales
d���hbeddocumenmpnupadyexecu\e
Accounting Manager and/or Laura Ray as Administrative 01anagor, on behalf of the Corporation,
are and will remain binding upon the Corporation.
B. Michael Hueniken currently holds the title of Land Development Manager of the Corporation.
5. The Signing Powers Reso|utinn, Paragraph C., RESOLUTIONS, |-V. VII, and VIII, idenVfiescertain titles inthe
Division GpecifioSigning Power sections,which titles are clarified and shall correspond moset forth below:
A. Omission of the words "Gulf Coast" and/or 'South Florida" atter an officer's name does not
constitute impmper, incomplete or incorrect execution and does not affect or limit the authority of
the otherwise duly authorized officer in any way
B. Division VP/Director of Finance shall mean either a Division-level (i.e., South Florida-level) Vice
Pnosdon(—FiomnowuraDirecmrofFinanca;
C. Division VP/Director o4Land Development/Acquisition shall mean either aDivision-level (ie, o
South Florida-level) Vice President— Land Development or Vice President — Land Acquisition; or
either a Director of Land Development or a Director of Land Acquisition:
D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e., South
F|nFlorida-level)'\Florida-level)Vice President P ide t—Construction o\motionOpmnaUonmora0eConstruction
lIPxoxmNDm roupi\SEnLaget\CoMentu-ko\FmmslAul,only\sapoC 05011ev*»doc
.
1 6 A 1 0
E. Division/Project shall also mean either Division Controller or Project Controller;
F. Division VP of Sales shall also mean Vice President-Sales.
6, The Corporation is not now and has never been a debtor in a bankruptcy proceeding during the existence of the
Corporation.
7. This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045, Florida Statutes.
~ �
�~_ ~___ ~_ -` ~ ' C,e5—
Scott M.Clements
t'
Sworn to and subscribed before me this dayPfW1ay. 2O1S. byScuUNY. O|emen1s.AnaaGenera|Counse|.
SecretaryVioa President, and Assistant of Putter Home Corporation, on behalf of the Corporahon, who is personally
known to me.
.
��
y _ 0.."°'--- ..
• ^ Kelly V. Costatir—~�
Note r,, Pu 1kc, State of Florida
Commission Expires: 0112312016
U i 1
EXHIBIT A
SIGNING POWERS RESOLUTION
WPHORLANDO GroupstSERLepaRCostantoolFormMulhortIOSFL PHC 05011S(full)(Ix
1 *0 171
A
0
CERTIFIED RESOLUTIONS
OF THE BOARD OF DIRECTORS OF
PULITE HOME CORPORATION
1, Jan M. Klym, hereby certify that I am a duly elected and acting Assistant Secretary of
PULTE HOME CORPORATION, a corporation authorized and existing under the laws of the
State of Michigan; that attached is a true copy of the resolutions adopted by the Board of
Directors of the Corporation at a special meeting duly called and held on September 10, 2009, in
accordance with the provisions of Section 521 of the Michigan Business Corporation Act; and
that such resolutions have not been rescinded or modified, and do not contravene any provisions
of the Articles of Incorporation or Bylaws of said corporation.
IN WITNESS WHEREOF, I have here unto set my hand this 10th day of September,
2009.
/
/
.an M. Klym, As,4is , tt Secretary
SIAM OF MICHIGAN )
)
COUNTY OF OAKLAND )
On September 10, 2009, belbre rue, Donna Marie Matyanowski, a Notary Public in and for said
State, personally appeared Jan M. Klym, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the entity upon behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal.
.1%w44.,..144.x,,t, ilit4TAL
Donna Marie Matyanowsl i, Notary Public
Oakland County, Michigan
My Commission Expires: 05/25/2013
6 A
PULTE HOME CORPORATION
SIGNING POWER RESOLUTIONS
A. DEFINITIONS.
As used in these resolutions:
"signing power" means the power and authority to execute and deliver an agreement, instrument
or other document.
"General SigDinQ Power" means signing power relating to the ordinary course of business of
PULTE HOME CORPORATION (the "Company") gonecuUy, without restriction to a particular Division
or project, both in the Company's own capacity and in any instances where it is the managing partner or
managing member of a joint venture (the "Partnership").
"Division Specific Signing Power" means signing power relating only to the ordinary course of
business of a Division over which the officer, manager, or employee in question has management
responsibility, both in the Company's own capacity and as managing partner or managing member of the
Partnership.
B. PURPOSE.
The purpose of these resolutions is to establish the signing power of certain employees of the
Connpuny, both in the Company's own capacity and as managing partner or managing member of the
Partnership. Copies of these resolutions may be delivered to title companies and other parties who
require evidence of the signing power of an employee. No employee of the Company may subdeleate
his or her signing power except as expressly provided in these resolutions by use of the words: "Other
title(s) or person(s) designated in writing by . ."
C. RESOLUTIONS.
RESOLVED, that the following officers, managers, or employees of the Company shall have the
General Signing Power or the Division Specific Signing Power. as indicated in the charts below:
IÔAIO
Development of Real Property
[
Genera) Development. Applications, tentative and final subdivision plats and maps,
development agreements, land development agreements, amenity contractor agreements
and all other documents that are relevant or incident to the development of real property
in which the Company or the Partnership has any interest, other than documents
contemplated in part VI below.
Division Specific
General SigningPower
^ '
n Power
Chairman of the Board Area President
ChiefExecutive Officer ' - rea VP Finance - -
President ---- Area VP Land
-- '-- ----- ---- ---- -- - -- --
Executive Vice President Division President
-~--Senior e President
ivision VP/Director Financ
Vice ~~~---- Division VP/Ditor of Land
Development/Acquisition
House Construction Agreements. Contractor agreements, construction agreements,
contracts, purchase orders, pricing schedules, scopes of work and all other documents
that are relevant or incident to the construction of residential homes and amenities thereto
in which the Company or the Partnership has any interest, other than documents
contemplated in the paragraph immediately above this one:
~_—~~-- -~- - - ----~--- --- -- l
| Division Specific
' General Signing Power
! Sign' Power_
the Area President
Chairman
ivc [}���er FinanceArea VP
Chief_
President Area VP Construction Operations I
Executive Vice President Area Purchasing Director
Senior Vice President Division President
Vice President Division VP/Director Finance —I
,V7t1 Division VP/Director of 4
" ',:f• 34 Construction Operations
Division Purchasing
Page 2 of 7
1 6 A 1 0
Storm Water Management
Notices of intent, notices of termination, storm water pollution prevention plans, reports,
certifications or other documentation that is relevant or incident to storm water
management and erosion control in the development of real property and/or construction
of homes in which the Company or the Partnership has any interest.
Division Specific
General Signing Power
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director Finance
Vice President Division VP/Director of Land
Development/Acquisition
Division Storm Water Compliance
7
, • t ^ -V•0-7,,. Representative
Sale and Closing of Residential Homes or Lots
Contracts for the sale of residential homes or lots to consumers(not to another business),
Division Specific
General Signing Power
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
A A
President Division President —1
Executive Vice President Division VP/Director Finance
Senior Vice President ;Division Controller
Vice President Division VP of Sales
General Sales Manager
Closing/Homebuyer Coordinator
)4> ftlF:403,Aeinr*'
Any of the following employees of
either Pulte Mortgage LLC or CTX
14. "
`,,„7:•44,IX'I.:72,c.. 4t,r,:4ii I Mortgage Company, LLC: Vice
President, Branch Manager and
A55 i Si ant Secreta
Page 3 of 7
. i
I 6 A 1 0
Arty of the following employees of
,.... .c . 4,:-::i.,- . , City .
,:,,,*--1... :4,00..e..* , either Sun Title Agency, Inc.
or PHC Title Corporation: Vice
,
c".,Viliok...*-1:0Utgrair President,Escrow Manager, Escrow
1,-.4f2,e,Ni...77.4.0Z- 0,91-theet Supervisor, Director-Closing
41,11.405-ite.r.:*44444Wirtt,,G-t:
Services, and Title Officer
)
Other title(s) or person(s)
designated in writing by either the
.J.!..4, --,LI--1 .-47' 'xfo•Vi.-.1.:,...n'
Area President or Area VP Finance
IV. Deeds of conveyance and all other documents that are relevant or incident to the sale and
closing of residential homes or lots to consumers(not to another business), including any
mortgage-related documents, such as buydown agreements or other relevant documents.
Division Specific
General Signing Power
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Division President
Executive Vice President Division VP/Director Finance
Senior Vice President Division Controller
Vice President Division VP of Sales
General Sales Manager
Closing/Homebuyer Coordinator
*,, .":,1...-.7;A•iza,,,,"-ett: --iiir. ;1,. _
-; ,:;- - - .--`„ii Any of the following employees of
either
Pulte Mortgage ',LC or CTX
f..r.- , ,,,, . • -t.:". 1-...;?,;...
Mortgage Company, LLC: Vice
,.... -0...,. •. •-...,.. A --V.?wti.
President and Branch Manager
Any of the following employees of
'ix:,',It t- 4 k6,741:11, ,,,..•,?e,f1 .1.', ,
either Sun City'fide Agency, Inc.
;1407,-...,;:"•111 .t ',II,;.. r:;".-4:".:' or PHC Title Corporation: Vice
-:'''''''..,AV: -;...i•'42:, .c. President,Escrow Manager, Escrow
'''''":'".1.-,,,,4,<,'''''c';•..,Az',,,,,,,,,3,Y;s;t1. .,V-:4;0., rilL141,,Ai Supervisor, Director-Closing
Services, and Title Officer
Other title(s) or person(s)
"!:;;;;I'',„':?:;_,,::::,'',.:=.,• ..t.Z:1-2-,:l'i,IN designated in writing by either the
Area President or Area VP Finance
Page 4 of 7
1 6 A 1 0
Closing of the Purchase and Sale of Real Property
V. Contracts, deeds and all other closing documents for the purchase or sale of real property
(other than the sale and closing of residential homes or lots to consumers).
. /�
Division
General Signing ��^
Signing Power
Chairman of the Board Area President
.
Chief Executive Officer Arca VPFmwnco
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director of Finance
and General Counsel
Other title(s)or Division VP of Land
person(s) designated in Development/Acquisition
writing by resolution(s)
of the Bourd of Directors
Real Property Financing and Land Banking Transactions
VI. Documents related to any of the following real property financings and land banking
transactions:
a, Traditional Finuncins. Loan aQrucmunts, security agreements, promissory notes,deeds of
trust and all other documents that are relevant or incident to the financing of the purchase
and/or development of real properly,
b. Special Taxing District Financing. Loan agreements, security ugrcemcnia, promissory
notes, deeds of trust and all other documents under which the Company or the
Partnership is a party that are relevant or incident to a Special Taxing District Financing
(defined below), other than documents contemplated in Guarantees and Environmental
Indemnities.
"Special Taxing District Financing" means a financing through the issuance uFbonds by
a community development facilities district, municipal utility district,
county or municipal improvement dixhict, tax incremental district or otcr similar special
purpose unit of local government.
c. Guarantees and Environmental Indemnities. Guarantees of payment or performance of
the obligations of another entity (whether in the form or payment 6uunxnty, indemnity
or other document), maintenance or pcmu,Qining guarantees and environmental
indemnities in connection with development financing.
Page 5 of 7
6 A I 0
d, Land Banking Transactions. Assignments of contracts to purchase real property, options
to purchase real property, development agreements and other documents evidencing
arrangements with an intermediary, such as a land banker, to purchase or develop real
property.
Division Specific
General Signing Power
Si,nin Power
Chief Financial Officer of
the publicly traded ultimate
parent
Treasurer of the publicly 4e.
traded ultimate arent -44 'rot
Licenses
VI]. Documents necessary to obtain licenses and department of real estate public reports or
similar documents in California and other states (such as, without limitation, Arizona and
Nevada).
Division Specific
General Signing Power
Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director of Finance
Vice President Division VP/Director Sales
Division VP of Construction
Operations
Area VP/Division VP/Director Land
Acquisition/Development
Page 6 of 7
CC&Rs `- A ~~ ~~
/Ill. Restrictive covenants, conditions, restrictions, easements and other similar rights rx
restrictions, commonly known as CC&Rs, affecting real property or improvements on
real property, and documents relating to CC&Rs, such as the organizational documents
for the related homeowners' or property owners' association.
Division Specific
General j��u' Power —' ~
~ ''� Signing Power
Chairman of the Board Area President
Chief Executive Officer Area VP Finance
President Area VP Land
Executive Vice President Division President
Senior Vice President Division VP/Director
Finance
_
Vice President Division VP/Director Land
Acquisition/Development
RESOLVED FURTHER, that all lawful acts specifically described in the immediately preceding
resolution, undertaken prior to the adoption of these resolutions, in the Company's own capacity or as
managing partner or nianaging member of the Partnership, arc hereby ratified, confirmed and adopted by
the Company.
RESOLVED FURTHER, that any Signing Power Resolutions or Powers of Attorney and Grants
of Agency previously issued or adopted by the Company are hereby terminated, revoked and superseded
in their entirety by these resolutions.
Effective oso[September 7U. 2OOq.
* * * �
Page 7o{7
2015 FOREIGN LIMITED PARTNERSHIP REINSTATEMENT FILED
DOCUMENT# B03000000419 Sep 30, 2015
Entity Name: DIVOSTA HOMES, L.P. Secretary of State
CR3843872331
Current Principal Place of Business:
3350 PEACHTREE ROAD NORTHEAST
SUITE 150 '
ATLANTA, GA 30326
Current Mailing Address:
3350 PEACHTREE ROAD NORTHEAST
SUITE 150
ATLANTA, GA 30326 US
FEI Number: 38-3691940 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida.
SIGNATURE: CORPORATION SERVICE COMPANY 09/30/2015
Electronic Signature of Registered Agent Date
General Partner Detail :
Document# M03000004091
Name DIVOSTA HOMES HOLDINGS, LLC
Address 3350 PEACHTREE ROAD NORTHEAST
SUITE 150
City-State-Zip: ATLANTA GA 30326
hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath;that I am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620,Florida Statutes;and that my name
appears above,or on an attachment with all other like empowered.
SIGNATURE:KELLYMARIE M CONLON AUTHORIZED AGENT 09/30/2015
Electronic Signature of Signing General Partner Detail Date
16410
PERFORMANCE BOND
BOND NO.CMS281972
KNOW ALL PERSONS BY THESE PRESENTS:that
DiVosta Homes, LP (Name of Owner)
24311 Walden Center Dr.,Ste 300 (Address of Owner)
Bonita Springs, FL 34134 (Address of Owner)
(Hereinafter referred to as"Owner")and
RLI Insurance Company (Name of Surety)
8950 S. 52nd St.,Suite 209 (Address of Surety)
Tempe,AZ 85284 (Address of Surety)
480-940-8429 (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 one million twenty three thousand five hundred
sixty nine and 39/100($1,023,569.39) 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
plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Winding Cypress, Phase 2C, 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
Ey 14 -r A
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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 8th day of December, 2015.
Principal: DiVosta Homes, LP
A/ 1 t
By: Bryce Langen,Assistant Treasurer
Witness:Gregory S.Rives
Witness: Bernard J.Saunders
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8th DAY OF
December, 2015 by Bryce Langen AS Assistant Treasurer OF DiVosta Homes, LP WHO IS PERSONALLY
KNOW TO ME.
Notary Public-State of GEORGIA
(SEAL) SHIRLEY E HUTCHINS
" Notary Public
/t Fulton County
"r,` State of Georgia
Shirley E. Hut ins, Notary Public My Commission Expires Apr 17,2018
RLI Insurance Company
Surety
BY .A1C111110211/
::: Arter
r- odi Vrooman
l
Witness/l `
Michael W.Taylor
SEE ATTACHED NOTARY FOR SURETY
16 ,410
ACKNOWLEDGEMENT
State of Arizona
County of Maricopa
On 1215/X15 before me personally appeared Jeremy Polk whose
identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be, and acknowledged that he or she signed the attached
document.
(Seal) 4-I '—
Notary Signature
Jessica Hollaender
NOTARY PUBLIC-ARIZONA
MARICOPA COUNTY Jessica Hollaender
-4-•":' MyrCommissionExpiresMy commission Expires January 13th, 2017
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�I I® RLI Surety POWER OF ATTORNEY
9025 N.Lindbergh Dr.I Peoria,IL 61615
Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company
www.rlicorp.com
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
Virginia Erickson.Jessica Hollaender.Jeremy Polk.jointly or severally
in the City of Phoenix , State of Arizona its true and lawful Agent and Attorney in Fact,with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company,and now in force to-wit:
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 3rd day of June , 2015 .
RLI Insurance Company
OORFOMrp
B
SEAL y Roy C.Di Vice President
State of Illinois . N O
°�•:� 1 .%.
} SS
County of Peoria )))
CERTIFICATE
On this 3rd day of June 2015 , before me, a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock
personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
hereunto set myy hand and the seal of the RLI Insurance Company
thi ith daof 1) t- ahPr , 9M 5
By: . •I tkr4,e04,
Jacque' e M.Bockler' Notary Public RLI Insurance Company
"OFFICIAL SEAL"•
NOTARY JACQUELINE M.BOCKLER : By:
e OF
iLU COMMISSION EXPIRES 01/14/18 Roy C.Di Vice President
0150773010111
A0058514
16A10
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA )
)ss.
COUNTY OF FULTON )
This record was acknowledge before me on December 8, 2015, by Bryce Langen,
as Assistant Treasurer of DiVosta Homes,LP, who provided to me on the basis of
satisfactory evidence to be the person who appeared before me and is personally
known to me.
WITNESS my hand and official seal.
9 SHIRLEY E HUTCHINS
Notary Public
Fulton County
Signature o Notary Public State of Georgia
My Commission Expires Apr 17,2018
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
16A11J
5.0 ENGINEER'S OPINION OF PROBABLE COST
Winding Cypress Phase 2C Opinion of Probable Cost
Date:10/13/2015
Prang $292,479.35
Erosion Control $ 3,500.00
Landscape $ 17,500.00
Street Lighting $ 14,500.00
Drainage $ 142,125.71
Potable Water $ 161,179.91
Wastewater $299,232.66
Total $930.517.63
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