Agenda 09/08/2015 Item #16A 69/8/2015 16.A.6.
EXECUTIVE SUMMARY
Recommendation to grant final approval of the landscaping improvements for the final plats of
Reflection Lakes at Naples Phases 3F (AR -7826) Phase 3G (AR- 7776), Phase 3H (AR -7777) and
Phase 3K (AR -7827) 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 3F, 3G,
3H and 3K, 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 3F, 3G, 3H and 3K. 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 have 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 project is within the Walnut Lakes PUD which 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 $16,280.00 for each Phase
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: That the Board of County Commissioners grant final acceptance of
the landscape improvements in Reflection Lakes at Naples Phases 3F (AR- 7826), Phase 3G (AR-
7776), Phase 3H (AR -7777) and Phase 3K (AR- 7827), and authorizes,
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9/8/2015 16.A.6.
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)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.6.
Item Summary: Recommendation to grant final approval of the landscaping
improvements for the final plats of Reflection Lakes at Naples Phases 3F (AR -7826) Phase 3G
(AR- 7776), Phase 3H (AR -7777) and Phase 3K (AR -7827) and authorizing the release of the
maintenance securities.
Meeting Date: 9/8/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
6/11/2015 11:47:58 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 9:04:33 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 9:04:56 AM
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 8/4/2015 2:41:24 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 8/7/2015 10:53:10 AM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 8/18/2015 7:03:23 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 8/22/2015 10:22:01 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/24/2015 9:57:25 AM
Name: IsacksonMark
9/812015 16.A.6.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/24/2015 12:21:01 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/24/2015 1:05:14 PM
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------ - - ----- - --- - - ---------- ------ - --- - ----------
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9/8/2015 16.A.6.
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF LANDSCAPING
IMPROVEMENTS IN REFLECTION LAKES AT
NAPLES PHASE 3F, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
47, PAGES 43 THROUGH 44; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
April 26, 2006, approved the plat of Reflection Lakes at Naples Phase 3F for recording;
and
WHEREAS, the Developer has constructed and maintained the 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 landscaping
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
-ranted for those landscape improvements in Reflection Lakes at Naples Phase 36,
pursuant to the plat thereof recorded in Plat Book 47, pages 43 through 44, 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 3F 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.
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9/8/2015 16.A.6.
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 Count}- Attorney
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9/8/2015 16.A.6.
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF LANDSCAPING
IMPROVEMENTS IN REFLECTION LAKES AT
NAPLES PHASE 3G, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
48, PAGES 54 THROUGH 55; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 14, 2006, approved the plat of Reflection Lakes at Naples Phase 3G for recording;
and
WHEREAS, the Developer has constructed and maintained the 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 landscaping
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 3G,
pursuant to the plat thereof recorded in Plat Book 48, pages 54 through 55, 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 3G 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.
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DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
9/8/2015 16.A.6.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ma
TIM NANCE. CHAIRMAN
to / ro ( fS
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9/8/2015 16.A.6.
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF LANDSCAPING
IMPROVEMENTS IN REFLECTION LAKES AT
NAPLES PHASE 3H, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
48, PAGES 58 THROUGH 59; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 14, 2006, approved the plat of Reflection Lakes at Naples Phase 3H for recording;
and
WHEREAS, the Developer has constructed and maintained the 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 landscaping
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 3H,
pursuant to the plat thereof recorded in Plat Book 48, pages 58 through 59, 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 3H 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.
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DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
9/8/2015 16.A.6.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
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RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA AUTHORIZING FINAL
ACCEPTANCE OF LANDSCAPING
IMPROVEMENTS IN REFLECTION LAKES AT
NAPLES PHASE 3K, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK
48, PAGES 56 THROUGH 57; RELEASE OF THE
MAINTENANCE SECURITY
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
March 14, 2006, approved the plat of Reflection Lakes at Naples Phase 3K for recording;
and
WHEREAS, the Developer has constructed and maintained the 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 landscaping
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 3K,
pursuant to the plat thereof recorded in Plat Book 48, pages 56 through 57, 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 3K 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.
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DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
. Deputy Clerk
9/8/2015 16.A.6.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
A '�*/Iops
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COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
BOND NO. 5022074
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, 1L 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 Sixteen Thousand Two Hundred Eighty and 00 /100 Dollars ($16,280.00) 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 3F 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 .
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V1 SESE5
+ r,
Acknowledgment by OWNER:
STATE OF FLORIDA
COUNTY OF
On thisjL day of
Engle Homes Southwest rida, who being authorized to do
corporation for th �lterein.
co�,��ss�oy,�,�r
..� tttitrer 8 r . r
My Comm! plr"'
S�C1g m
i, 9 • ��^ �d two . O
STAVV0 \0
/11111''I 111 \�X�
Acknowledgment by SU1�E�Y:
STATE OF ILLINOIS
COUNTY OF DUPAGE
9/8/2015 16.A.6.
OWNER
TOUSA HOMES, INC. dba
Engle Homes Southwest. Florida
By:
SURETY
Bond Safeguard Insurance Company
Dawn L. Morgan, Attorney n Fact
Florida License #PO11322
2006, p rs all ap eared before me
of TOUSA Homes, Inc. dba
so_ xecuted the fore2 nQ instrument on behalf of the
� � r
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.
Notary Public Melissa Schmidt
My Commission Expires: 06 /23/08
=PUBLIC L
IDT
OF R —AOIS
ES:062108
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9/8/2015 16.A.6.
POWER OF ATTORNEY Ao 42664
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: 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 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.
ewln�N,,-s BOND SAFEGUARD INSURANCE COMPANY
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.
001 0000
"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 May
�a
03 AN
w.x+as 1;
z rxuawD '
c�, coMwu�rr
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20 06
Donald D. Buchanan
Secretary
9/8/2015 16.A.6.
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO, 0422806
PERFORMANCE BOND
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
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20T" FLOOR, NEWARK, NJ 07102 -5207
(hereinafter referred to as "Surety ") are held and firmly bound unto Collier County, Florida. (hereinafter referred to as
',County l') in the total aggregate sutra of Sixteen Thousand Two Hundred Eighty 00,1100 Dollars (516.280.00) 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 3G and that certain subdivision shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Re= ulations "). 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 satisfi 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 outlal\
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 315' day of
October, 2006.
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WITNESSES
f.
Acknowledgment by OWNER:
STATE OF FLORIDA
COUNTY OF
OWNER
TOUSA HOMES, INC. dba
Engle Homes Southwest Florida
SURETY
International Fidelity Insurance Company
By. � tic.,
Dawn L. Morgan, Arto =in -Fact
Florida License #P011322
9/8/2015 16.A.6.
On this � day of lh /� 2006, personally appeared before me
�� _ as �i� ofTOUSA Homes, Inc. dba
E Homes Southwest Florida, who being authorized to do so, executed the foregoing instrument on behalf of the
corporation for the purposes stated therein. ,
.Iri m"fiublic
My Commission Expires:
Acknowledgment by SURETY:
STATE OF Illinois
COUNTY OF DuPage
,�Q`.U4d ,pet 9, ����; •� y.
se
�111tif fill l%
On this 315` day of October, 2006, personally appeared before me Dawn L. Morgan as Attorney -in -Fact of
international Fidelity Insurance Company, who being authorized to do so, executed the foregoirg instrument on behalf
of the corporation for the purposes stated therein.
a"
Notary Public Melissa Schmidt
My Commission Expires: 06/23/08
FSStBLIC • STATE OF ILLIN&� z ' ! SION EXPIRES`06123JuE
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Tel (973) 624 -7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
KELLY JACOBS, DAWN L. MORGAN, ELAINE MARCUS, JAMES I. MOORE, PEGGY FAUST,
BONNIE J. KRUSE, MARY BETH PETERSON, IRENE DIAZ, STEPHEN T. KAZMER, MELISSA SCHMIDT,
JENNIFER J. MC COMB
Westmont, IL.
_ ...................... . .... .............................. ............................... ............... ...... ........... _....
its true and lawful artorney(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings contracts of indemnity and
other writings obligatory , m the nature thereof, which art: or may be allowed, required or permitted by law, stamp, rule regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and my be revoked pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Aaomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
r� jY IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
\q(/ signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
dfl�l INTERNATIONAL FIDELITY INSURANCE CO
t' SEAL '� L'
t+t STATE OF NEW JERSEY
j4 4 County of Essex
Secrete
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
0ARQ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
• l`!� at the City of Newark, New Jersey the day and year first above written.
CO NOT Aav
"Y PUBLIC ` �•
'dEr' A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in frill force and effect
31st October, 2006
IN TESTIMONY WHEREOF, I have hereunto set my hand this day of
Packet Page -523- Assistant Secretary
9/8/2015 16.A.6.
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 0422807
PERFORMANCE BOND
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
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NJ 07102 -5207
(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 Sixteen Thousand Two Hundred Eighty 00'100 Dollars ($16.280.00) 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 3H and that certain subdivision shall include
specific improvements which are required by Collier Count) C!rdmances 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 satisfti 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 outlati'
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 31S` day of
October, 2006.
Packet Page -524-
WITNESSES
I' �1
Acknowledgment by OWNER:
STATE OF FLORIDA
COUNTY OF 3OWr�
OWNER
TOUSA HOMES, INC, dba
Engle Homes Southwest Florida
By / •� l AI
SURETY
International Fidelity Insurance Company
Dawn L. Morgan, Attorne --in -Fact
Florida License #POI 1322
9/8/2015 16.A.6.
On this 31 day of OC�fu✓ „006, personally appeared before me
.v of TOUSA Homes, Inc. dba
Engle Homes Southwest Florida, who being authorized to do so, executed the foregoing instrument on behalf of the
corporation for the purposes stated therein.
My Commission Expires:
Acknowledgment by SURETY:
STATE OF Illinois
COUNTY OF DuPage
Notary Public
���1t11t1i 1i11tt11/�/
�. Uo`'PF "er
4l. ; Z
*.• .p` gym.. o
51 � a; 4
On this 3151 day of October, 2006, personally appeared before me Dawn L. Morgan as Attorney -in -Fact of
International Fidelity Insurance Company, who being authorized to do so, executed the foregoing instrument on behalf
of the corporation for the purposes stated therein. y
1�otary Public Melissa Schmidt
My Commission Expires: 06/23/08
F"7F 101 5 =��
�SA SCH, %1IDT
_ _ S7ATE OF ,L
Packet Page -525-
9/8/2015 16.A.6.
Tel 1973) 624 -7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MIEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
KELLY JACOBS, DAWN L. MORGAN, ELAINE MARCUS, JAMES I. MOORE, PEGGY FAUST,
BONNIE J. KRUSE, MARY BETH PETERSON, IRENE DIAZ, STEPHEN T. KAZMER, MELISSA SCHMIDT,
JENNIFER J. MC COMB
Westmont, IL.
. .... .. ........................- ...... _............. _
its true and lawful anomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or rmitted by law, stature, rule re ulation, contract or otherwise and
the execution of such instrument(s) in pursuance of these presents, shall b as binding upon the said INTERN NAL FIDELITY IN§0ENCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and stayY� be revoked pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANC)� COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Anomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 291h day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of aaomey or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsunile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
1 lr jH�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
p' f/ signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
SEAL ��l� y� INTERNATIONAL FWELiT Y INSURANCE CO
S �'
it STATE OF NEW JERSEY
S{y p County of Essex
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
OAR (�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
CO
Q NOTARY �
PUBLIC _ r �'
rok fit,,, sir
'Y i1cR5 A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 31St day of October, 2006
Packet Page - 526 - Assistant secretary
9/8/2015 16.A.6.
COLLIER COUNTY LAND DEVELOPMENT CODE
BOND NO. 0422808
PERFORMANCE BOND
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
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER, 20r" FLOOR, NEWARK, NJ 07102 -5207
(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 Sixteen Thousand Two Hundred Eighty 00 /100 Dollars ($16,280.00) 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 3K and that certain subdivision shall include
specific improvements which are require y o ier 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 anv character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 3151 day of
October, 2006.
Packet Page -527-
WITNESSES
Acknowledgment by OWNER:
OWNER
TOUSA HOMES, INC. dba
Engle Homes Southwest Florida
By: tr'
y
SURETY
International Fidelity Insurance Company
Dawn L. Morgan, Attorneo -in -Fact
Florida License #P0I 1322
9/8/2015 16.A.6.
STATE OF FLOR A
COUNTY OF fog✓
On this day of L1)C1bk6"- 2006, personally appeared before me
as of TOUSA Homes, Inc. dba
Engle Homes Southwest Florida, who being authorized to do so, executed the foregoing instrument on behalf of the
corporation for the purposes stated therein. ,
���i�111iftllttljy� Notary Public
T
My Commission Expires:
_� fiber b
✓ • a1 #DD2ese�st �Q
Acknowledgment by SURETY: �`;.�
STATE OF Illinois ��j / /f / //� j +1 j til�`�,,��
COUNTY OF DuPage
On this 31" day of October, 2006, personally appeared before me Dawn L. Morgan as Attornev -in -Fact of
International Fidelity Insurance Company, who being authorized to do so, executed the foregoirg instrument on behalf
of the corporation for the purposes stated therein.
Notary Public Melissa Schmidt
My Commission Expires: 06/23/08
PAELISSA SZ:- iMIDT
Pip
Packet Page -528-
9/8/2015 16.A.6.
Tel (973) 624 -7200 POWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY rMSE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
.................................................................................................._.......... _._........._......_....._...., _...................
KELLY JACOBS, DAWN L. MORGAN, ELAINE MARCUS, JAMES I. MOORE, PEGGY FAUST,
BONNIE J. KRUSE, MARY BETH PETERSON, IRENE DIAZ, STEPHEN T. KAZMER, MELISSA SCHMIDT,
JENNIFER J. MC COMB
Westmont, IL.
... ....................................................................................................... ...............................
its true and lawful attorne s -m -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory m( the nature thereof, which are or may be allowed, required or pertnitted b law, stature, Wile re�ttlatioa, connect or otherwise, and
COMPANY, as full and amptynKto)all to tnts and purposes, presents, f the same had been duly %I uteri and said stature, b �tNs regularly FIDELITY INAJJNCE
principal office. g y gularly elected officers at its
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(I) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resoiution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile sea! shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the funtre with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, EVTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
a SEAL es INTERNATIONAL FIDELITY INSURANCE COMp
rrr+
r 1904 STATE NEW JERSEY
County of f Essex
Seat;
On sworn, this d the he is the therein described and authorized officerrof the who executed the NAL FIDELiTyt to fro alpT sown alai being by me d co INTERNA said instrument Co is the Corporate Seal of said Company; that the said Corporate Seat and his signature were duly affixed by order of the Board of Directors of
Pant
NXAR 1 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
FNOTAR)Y-�
at the City of Newark, New Jersey the day and year first above written.
� �
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 31st day of October, 2006
Packet Page -529- Assistant Secretary