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Agenda 07/07/2015 Item #16A127/7/2015 16.A.12. EXECUTIVE SUMMARY Recommendation to grant final approval of the landscaping improvements for the final plats of Reflection Lakes at Naples Phases 2C (AR -7523) Phase 2D (AR- 7524), Phase 2E (AR -7525) and Phase 2F (AR -7526) and authorizing the release of the maintenance securities. OBJECTIVE: To have the Board of County Commissioners (Board) grant final approval of the required improvements associated with the plats of Reflection Lakes at Naples Phases 2C, 2D, 2E and 2F, accept the plat dedications, and release the maintenance securities. CONSIDERATIONS: 1) Between October 30, 2007 and February 26, 2013, the Growth Management Department granted preliminary acceptance of the landscaping improvements in Reflection Lakes at Naples Phases 2C, 2D, 2E and 2F. These were the only required subdivision improvements for these plats. 2) The landscape improvements will be maintained by the project's homeowners association. 3) The required improvements have been constructed in accordance with the Land Development Code. The Growth Management Department has inspected the improvements and is recommending final acceptance of the improvements. 4) Resolutions for final acceptance has been prepared and approved by the County Attorney's Office. The resolution is a requirement of Section 10.02.05 C.3 of the Land Development Code. Copies of the documents are attached. 5) This PUD has been found to be in substantial compliance. FISCAL IMPACT: The landscape improvements will be maintained by the project's homeowners association. The existing securities in the amounts of $15,290.00 (Phases 2E and 217) and $18,040.00 (Phases 2C and 2D) will be released upon Board approval. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: Recommendation that the Board of County Commissioners grant final acceptance of the landscape improvements in Reflection Lakes at Naples Phases 2C (AR- 7523), Phase 2D (AR- 7524), Phase 2E (AR -7525) and Phase 2F (AR- 7526), and authorizes; Packet Page -865- 7/7/2015 16.A.12. 1. The Chairman to execute the attached resolutions authorizing final acceptance of the improvements. 2. The Clerk of Courts to release of the maintenance securities. Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review, Growth Management Department Attachments: 1) Location Map 2) Resolutions (4) 3) Subdivision Performance Securities (4) Packet Page -866- 7/7/2015 16.A.12. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.12. Item Summary: Recommendation to grant final approval of the landscaping improvements for the final plats of Reflection Lakes at Naples Phases 2C (AR -7523) Phase 2D (AR- 7524), Phase 2E (AR -7525) and Phase 2F (AR -7526) and authorizing the release of the maintenance securities. Meeting Date: 7/7/2015 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Growth Management Department 6/8/2015 2:34:40 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/11/2015 1:44:07 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/11/2015 1:44:42 PM Name: McLeanMatthew Title: Project Manager, Principal, Growth Management Department Date: 6/15/2015 2:36:37 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/21/2015 10:20:59 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 6/25/2015 10:48:18 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -867- Date: 6/25/2015 4:56:27 PM 7/7/2015 16.A.12. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/26/2015 9:45:48 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/26/2015 2:32:35 PM Packet Page -868- 7/7/2015 16.A.12. ------------ - --... _�._._.__------ ______. ----- ------------------------------------ R,4TTL.E ISSr fatKE I r RO ECT LOCATION ul 1 r' CD ;3111 (`mot �A11 ' N.T.S. 1 Packet Page -869- 7/7/2015 16.A.12. RESOLUTION NO. 15- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF LANDSCAPE IMPROVEMENTS IN REFLECTION LAKES AT NAPLES PHASE 2C, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46, PAGES 83 THROUGH 84; RELEASE OF THE MAINTENANCE SECURITY WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 11, 2006 approved the plat of Reflection Lakes at Naples Phase 2C for recording; and WHEREAS, the Developer has constructed and maintained the required landscaping improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the landscape improvements and release of his maintenance security; and WHEREAS, the Growth Management Department has inspected the landscape improvements, and is recommending acceptance of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those landscape improvements in Reflection Lakes at Naples Phase 2C , pursuant to the plat thereof recorded in Plat Book 46, pages 83 through 84, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the landscape improvements within Reflection Lakes at Naples Phase 2C will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of 2015. Packet Page -870- �-' 7/7/2015 16.A.12. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Scott A. Stone Assistant County Attorney �1 ('-bo/ ?-� Packet Page - 871 -�� 7/7/2015 16.A.12. RESOLUTION NO. 15- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF LANDSCAPE IMPROVEMENTS IN REFLECTION LAKES AT NAPLES PHASE 2D, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46, PAGES 85 THROUGH 86; RELEASE OF THE MAINTENANCE SECURITY WHEREAS, the Board of County Commissioners of Collier County, Florida, on April 11, 2006 approved the plat of Reflection Lakes at Naples Phase 2D for recording; and WHEREAS, the Developer has constructed and maintained the required landscaping improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the landscape improvements and release of his maintenance security; and WHEREAS, the Growth Management Department has inspected the landscape improvements, and is recommending acceptance of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those landscape improvements in Reflection Lakes at Naples Phase 21), pursuant to the plat thereof recorded in Plat Book 46, pages 85 through 86, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the landscape improvements within Reflection Lakes at Naples Phase 2D will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of , 2015. Packet Page -872 - i DATE: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney 7/7/2015 16.A.12. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Iiv: TIM NANCE, CHAIRMAN (n �►a/ rS Packet Page -873- ad 7/7/2015 16.A.12. RESOLUTION NO. 25- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF LANDSCAPE IMPROVEMENTS IN REFLECTION LAKES AT NAPLES PHASE 2E, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 46, PAGES 87 THROUGH 88; RELEASE OF THE MAINTENANCE SECURITY WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 9, 2006 approved the plat of Reflection Lakes at Naples Phase 2E for recording; and WHEREAS, the Developer has constructed and maintained the required landscaping improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the landscape improvements and release of his maintenance security; and WHEREAS, the Growth Management Department has inspected the landscape improvements, and is recommending acceptance of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those landscape improvements in Reflection Lakes at Naples Phase 2E, pursuant to the plat thereof recorded in Plat Book 46, pages 87 through 88, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the landscape improvements within Reflection Lakes at Naples Phase 2E will be maintained privately in the fixture and will not be the responsibility of Collier County, This Resolution adopted after motion, second and majority vote favoring same, this day of 2015. Packet Page -874 - DATE: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: Scott A. Stone Assistant County Attorney 7/7/2015 16.A.12. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN /10/,s Packet Page -875- 4t"� 7/7/2015 16.A.12. RESOLUTION NO. 15- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF LANDSCAPE IMPROVEMENTS IN REFLECTION LAKES AT NAPLES PHASE 2F, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 47, PAGES 9 THROUGH 10; RELEASE OF THE MAINTENANCE SECURITY WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 12, 2006 approved the plat of Reflection Lakes at Naples Phase 2F for recording; and WHEREAS, the Developer has constructed and maintained the required landscaping improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier County Ordinance No. 04 -41, as amended); and WHEREAS, the Developer is requesting final acceptance of the landscape improvements and release of his maintenance security; and WHEREAS, the Growth Management Department has inspected the landscape improvements, and is recommending acceptance of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those landscape improvements in Reflection Lakes at Naples Phase 2F, pursuant to the plat thereof recorded in Plat Book 47, pages 9 through 10, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the landscape improvements within Reflection Lakes at Naples Phase 2F will be maintained privately in the future and will not be the responsibility of Collier County. This Resolution adopted after motion, second and majority vote favoring same, this day of .2015. Packet Page -876 - DATE: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legality: 7/7/2015 16.A.12. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIM NANCE, CHAIRMAN �c�ri4rts Scott A. Stone Assistant County Attorney .f Packet Page -877- 7/7/2015 16.A.12. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 5022076 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc., dba Engle Homes Southwest Florida, 12550 New Brittany Blvd #101, Ft Myers, FL 33907, (hereinafter referred to as "Owner ") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG -A, STE. 300, LOMBARD, IL 60148 (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 Eighteen Thousand Forty and 00 /100 Dollars ($18,040.00) 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 a certain subdivision plat named Reflection Lakes at Naples PPL Phase 2C and that certain subdivision shall include specific improvements which are required by Collier County Or�ances 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 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 May, 2006. Packet Page -878- WI ESSES wig Acknowledgment by OWNER: STATE OF FLO WfA J�f� COUNTY OF `l JLf/!v On thi y of Engle Homes South corporation for,t�i►�tl�q OWNER TOUSA HOMES, INC. dba Engle outhwest Florida By: CI SURETY Bond Safeguard Insurance Company By: Q&M!S-- �< ;&�� Dawn L. Morgan, Atto y -in -Fact Florida License #P011322 as /EGG vu being authorized to do so, �gs 00 Ober 9, • � 2 Oa to ' 1AD21 c . Q My Commissp>i r 8588 O; Acknowledgment by SURETY: STATE OF ILLINOIS COUNTY OF DUPAGE 7/7/2015 16.A.12. aerore me i of TOUSA Homes, Inc. dba instrument on behalf of the Notary Public On this 8TH day of MAY 2006, personally appeared before me Dawn L. Morgan as Attorney -in -Fact of Bond Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the corporation for the purposes stated therein. 1 Notary Public Melissa Schmidt My Commission Expires: 06/23/08 =PUBLIC L MIDT OF ILLINOIS ES:O6I23l08 Packet Page -879- 7/7/2015 16.A.12. POWER OF ATTORNEY AO 42662 Bond SafeguardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman * *� *• * * * * ** its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. o�g BOND SAFEGUARD INSURANCE COMPANY € c up+ois coMwvr BY f David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL $ MICHELE KOLLER Michele Koller Notary Public, State of Illinois Notary Public My Commission Expires 08128/07 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 8th Day of May AN OJ O CAS e 20 06 NI Donald D. Buchanan Packet Page -880- Secretary 7/7/2015 16.A.12. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 5022073 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc., dba Engle Homes Southwest Florida, 12550 New Brittany Blvd #101, Ft Myers, FL 33907, (hereinafter referred to as "Owner ") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG -A, STE. 300, LOMBARD, IL 60148 (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 Eighteen Thousand Forty and 00 /100 Dollars ($18,040.00) 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 a certain subdivision plat named Reflection Lakes at Naples PPL Phase 2D 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 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 May, 2006 . Packet Page -881- TESSES Acknowledgment by OWNER: STATE OF FLORIDA COUNTY OF this X day of as Engle Homes Southwest Florida, who being auth corporation for the purposes stated therein. �* Gp0MISS10ty •,J be,, t4. •�� i My Commission Eg egg ,em�_ O 26586, m • *� P" '0 • oe B00 �� ' OQ��\ o Acknowledgment by STATE OF ILLINOIS COUNTY OF DUPAGE 7/7/2015 16.A.12. OWNER TOUSA HOMES, INC. dba Engle H est Florida By. ' _ SURETY Bond Safeguard Insurance Company By: Q"'. A'- — Dawn L. Morgan, Attorne in -Fact Florida License #PO1 1322 r, 2006, y a sonall appeared before me Ali ! ofTOUSA Homes, Inc. dba dos , executed the f regoing instrument on behalf of the 4 Public On this 8TH day of MAY, 2006, personally appeared before me Dawn L. Morgan as Attorney -in -Fact of Bond Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the corporation for the purposes stated therein. 1�C c L��L Notary Public Melissa Schmidt My Commission Expires: 06/23/08 OFFICIAL SEAL MELISSA SCyMIDT NOTARti PUR: . - STATE OF ILL'NOIS MY COMWISSION EXPIRE S:06.!23/08 Packet Page -882- 7/7/2015 16.A.12. POWER OF ATTORNEY Ao 42665 Bond SafegUardiNSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman * *'• * * * * *•* its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documehts by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. iBOND SAFEGUARD INSURANCE COMPANY LLWM BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL" MICHELE KOLLER Michele Koller Notary Public, State of Illinois Notary Public My Commission Expires 08(28!07 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 8th Day of May _,20 06 _ AN LLNM a COMPAW 9 Packet Page -883- 6i,j l�l, &A" Donald D. Buchanan Secretary 7/7/2015 16.A.12. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 5022075 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc., dba Engle Homes Southwest Florida, 12550 New Brittany Blvd 4101, Ft Myers, FL 33907, (hereinafter referred to as "Owner ") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG -A, STE. 300, LOMBARD, IL 60148 (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 Fifteen Thousand Two Hundred Ninety and 00 /100 Dollars ($15,290.00) 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 a certain subdivision plat named Reflection Lakes at Naples PPL Phase 2E 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 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 May, 2006 . Packet Page -884- ESSES Sol Acknowledgment by OWNER: STATE OF FLORIDA COUNTY OF On tb)s -.K- day of Engle cy ber 9, A to 4 -Po MD265861 81 my C Acknowledgment by SURETY: STATE OF ILLINOIS 7/7/2015 16.A.12. OWNER TOUSA HOMES, INC. dba Eng I Y. 3 . SURETY Bond Safeguard Insurance Company By: ""A" Dawn L. Mo�rga�, A�ttom �-in-Fact- Florida License #P01 1322 12006 -pnall- ared before me s pers y appe of TOUSA Homes, Inc. dba who being authorized to do so,&e'cIiited the foregbing instrument on behalf of the therein. 44+1- Notary Public COUNTY OF DUPAGE On this 8TH day of MAY, 2006, personally appeared before me Dawn L.,.Morgan as Attomqy-in-Fact of Bond ent on behalf of the C IF. —A Tncu,,%.nrp romnanv- who beina authorized to do so, executed the foregoing instrurn corporation for the purposes stated therein. Notary Public Melissa Schmidt My Commission Expires: 06/23/08 MOFFICIAL SEAL MELISSA SCHMIDT NOTARY PUBLIC - STATE OF ILLINOIS My COMMISSiON EXPIRES�0623108 I Packet Page -885- 7/7/2015 16.A.12. POWER OF ATTORNEY AO 42663 Bond SafegUardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James 1. Moore, Irene Diaz, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Joel E. Speckman * * * * * * * * * ** its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. WT! � BOND SAFEGUARD INSURANCE COMPANY WWRAME BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL" MICHELE KOLLER Michele Koller Notary Public, State of Illinois Notary Public My Commission Expires 08128107 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 8th Day of _ 1� � ` �n a r L �uas 9 Packet Page -886- May no U., Donald D. Buchanan Secretary 7/7/2015 16.A.12. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO. 5022100 KNOW ALL PERSONS BY THESE PRESENTS: that TOUSA Homes, Inc., dba Engle Homes Southwest Florida, 12550 New Brittany Blvd #101, Ft Myers, FL 33907, (hereinafter referred to as "Owner ") and BOND SAFEGUARD INSURANCE COMPANY 1919 S. HIGHLAND AVE., BLDG -A, STE. 300, LOMBARD, IL 60148 (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 Fifteen Thousand Two Hundred Ninety and 00 /100 Dollars ($15,290.00) 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 a certain subdivision plat named, Reflection Lakes at Naples PPL Phase 2F 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 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 15th day of May, 2006. RECEIVED Packet Page -887- ITNESSE Heath 'f A. Becic�j� ennifer J. tCom Acknowledgment by OWNER: STATE OF FLORID COUNTY OF iv Qvethis / 1 day of N Engle Homes Southwest Flo corporation for the purposes My Commission Expires: Acknowledgment by SURETY: STATE OF ILLINOIS COUNTY OF DuPage • T 5867 a St 7/7/2015 16.A.12. OWNER TOUSA HOMES, INC. dba Engle Homes outhwest Florida By: Bond Safeguard Insurance Company By: 0'a Dawn L. Morgan, Attorney -in act Florida License #P011322 2006, per ally appeared before me _ of TOUSA Homes, Inc. dba to do so, 6kecuted the forego' g instrument on behalf of the Notary ub is On this 15th day of May, 2006, personally appeared before me Dawn L. Morgan as Attorney -in -Fact of Bond Safeguard Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf of the corporation for the purposes stated therein. Notary Public Melissa Schmidt My Commission Expires: 06/23/08 OFFICWL SEAL ME`,-'SSA SCHMIDT NOTARY PUBIC - STATE OF MY' %Oh 'N = XF'IRE E 23:'J8 Packet Page -888- POWER OF ATTORNEY 7/7/201516.A.12. AO 10670 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Michael J Scheer Tans 1. Mnwe Tn nie, Rmnie Kn,ce . »• ++••• « +... ++ Stephen T. Kazmer, Dawn L Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marc annffer J. McComb, Melissa Sabmfdt Ind F Spenkmm. + +• +•• + + + +• ► ■ +■+ its true and lawful Attorney(s)-In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attomey -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed bj its President, and its Corporate Seal to be affixed this 7th day of November, 2001. U BOND SAFEGUARD INSURANCE COMPANY BY David E: Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation. "OFFICIAL SEAL" LYDIA J. DE JONG Notary Public, State of Illinois My Commission Expires 1/12/07 CERTIFICATE cj Lydia J. DeJong Notary Public I, the undersigned, Vice President of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this _ 15th day of May ap INSU�hC� O Q AN mZ S."OIS Y INSURANCE \ COMPANY Packet Page -889- 20 06 LzzJ-- 1 4�41,4 Donald D. Buchanan Secretary