Backup Documents 03/12/2013 Item #16A 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 A 7
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 #I 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 #I through #2, complete the checklist, and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
appropriate.
(Initial)
Applicable)
2.
March 12, 2013
Agenda Item Number
16 -A7
3. County Attorney Office
County Attorney Office
p
L4 ! W I
4. BCC Office
Board of County
Commissioners
Number of Original
Documents Attached
2 — Agreement & Bond
5. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed iq the event one of the
.AA.acomo ah— may —Arl to rnntnrt etaff fnr nririitinnal nr miccin9 information_ /
Name of Primary Staff
John Houldsworth
Phone Number
x -5757
Contact / Department
appropriate.
(Initial)
Applicable)
Agenda Date Item was
March 12, 2013
Agenda Item Number
16 -A7
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
JH
Type of Document
Attached
Construction & Maintenance Agreement,
Performance Bond
Number of Original
Documents Attached
2 — Agreement & Bond
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
JH
number if document is
by the Office of the County Attorney.
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
1: Fors/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 1130/12
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
signed by the Chairman, with the exception of most letters, must be reviewed and signed
JH
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
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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
NIA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on March 12.2013 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 h ve been made, and the document is ready for the
Chairman's signature. r-
1: Fors/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 1130/12
16 A7
MEMORANDUM
Date: April 17, 2013
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Camden Lakes - Construction & Maintenance
Agreement, Performance Bond and Plat
Attached for your records is a copy of the document referenced above
(Agenda Item #16A7) adopted by the Board of County Commissioners
Tuesday, March 12, 2013.
If you have any questions, please feel free to contact me at 252 -8411.
Thank you.
Attachment
Cckru,sle.vv, Lakes
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS 16 A 7
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this
lath day of Mara) / / , 2013 between Jen Florida VI,LLC
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: Camden Lakes
B. Chapters 4 and 10 of the Collier County land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: SUb44I✓fSl OY1 I m prDve,m7hd-S
within 12 months from the date of approval of 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$1,321,898.74 - which amount represents 10% of the
total contract cost to complete the construction plus 100%of the estimated cost 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 such 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,
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,
16 A7
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 of 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 a..d the Developer have caused this Agreement to be executed by their duly
authorized representatives this I a'1 �1" lay of a rcIii / , 20 )$ .
SIGNED IN THE PRESENCE OF: JEN Florida VI, LLC
¢y:Sun Terra C m 'ties I, LLC
By:
Printed Name John Kraynick,Co-manager
Printed Name/Title
(President,VP,or CEO)
(Provide Proper Evidence of Authority)
Pri - . me,
imikAk
rip°ATTEST: ®—� !�tditchis4
DWIGHT E. BROCK,CLERK BOARD •F COUNTY COMMISSIONERS OF COLLIER
COON , LbR DA
Qat\AL. t
S By:
s,g e
Deputy Clerltt !, tii ,aeo q ` . fti Iet'r '6i•)C tirvvoman
tlgnatUtO Obi3 • J
Approved as to form and legal sufficiency:
pp...m..4 01 ,L_Ho -
V111-17;11i. Peel
a . I a
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation
24311 Walden Center Drlve Ste 300
Bonita Springs FL 34134
(Hereinafter referred to as "Owner") and
Atlantic Specialty Tnsuranrp GampaD
77 Water Street
New York, NY 10005
16 A7 �
BOND NO. 800005565
(Name of Owner)
(Address of Owner)
(Address of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(212) 440 -6522 (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 °~ """'"' ° ''°""°`''"""'"'""'"' Dollars
($ 1,321.698.74 ) 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 CAMDEN LAKES PHASE 1 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 owners
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
16 A7
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 28th day of March / 2013 1
WITNESSES:
(Owner Name and Title if Corporation) Pulte Home Corporation
By.
Printed Name
Printed Name/Title Robert Porter, Assistant Secretary
(Provide Proper Evidence of Authority)
Printed Name
n/a
ACKNOWLEDGEMENT
STATE OF Michigan
COUNTY OF Okkland
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
28th_ / March / . 2013 by Robert Porter (NAME
OF ACKNOWLEDGER) AS Asst. Secy. (TITLE) OF Pulte HOw Corporation (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED known
AS iDE "JTIFICATION.
Notary Public —State of liICHGAN
(SEAL} SHIRLEY E. NUTCHINS
NOTARY PUBLIC, STATE OF W
Printed Name irley E. Hutchins
Atlantic Specialty Insurance Company
S=srct7
{
BY: Dawn L. Morgan
FL License No. P011322
COUNTY OF WAYNE
MY COMMISSION EXPIRES Mar 30, 2017
ACTING IN COUNTY OF
Approved as to form & legal sufficiency
.. MM I!
One Beacon
'NS'jRANrE GROUP
Power of Attorney
No. 2005575
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Minnetonka,
Minnesota, does hereby constitute and appoint: Jim Moore, Stephen Kazmer, Dawn Morgan, Tariese Pisciotto, Melissa Schmidt, each individually if there be more than
one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and
all other writings obligatory in the nature thereof, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: twenty-five million
dollars(S25,000,000) and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these
presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of
Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the
twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice - President (each an "Authorized Officer "), may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attomey -in -Fact and revoke all power and authority given to any such Attomey -in-
Fact.
Resolved: That the Attomey -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attomey -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attomey is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating
thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature
thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the
Company, to be valid and binding upon the
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this ninth day of October, 2012.
?�4 40PPORgIE,�Z�'•L
_A y SEAL m;
Y 1986 01 By
STATE OF MINNESOTA ',-t 4, voP�"a r
HENNIPEN COUNTY „d 1 �+
paaok4
Paul H. McDonough, Senior Vice President
On this ninth day of October, 2012, before me personally came Paul H. McDonough, Senior Vice President of ONEBEACON INSURANCE COMPANY, to me personally
known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn,
that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as
such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
T
1, the undersigned, Secretary of ONEBEACON INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and
has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 2 Rth day of Marrh , _M 3
This Power of Attorney expires
October 1, 2014
� 10 GpPPOR�l<c�n?
ice SEAL m;
r 1986 o,l
y� ►Fw voe.� b f
>1 k ra +„
Power of Attorney not valid without blue border
I�iGV '
Virginia McCarthy, Secretary
KI
16 A7
State of Illinois)
} ss.i
County of Dupage }
On March 28, 2013, before me, Tariese M. Pisciotto, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally appeared
Dawn L. Morgan known to me to be Attorney -in -Fact of
Atlantic Specialty Insurance Company the corporation described in and that executed the
within and foregoing instrument, and known to me to be the person who executed the
said instrument in behalf of the said corporation, and he duly acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My mmission Expires June 26, 2014
a6ese M. Pisciotto, Notary Public
Commission No. 560807
OFFICIAL SEAL
T.k fESE M PISCIOTTO
NOTA,�Y PUBL!C, STATE OF ILLINOIS
MY COfvlfvhSSiO d EXPIRES 612E 2014
Camden Lakes
(F.K.A. Royal Palm Academy)
PHASE I
Performance Bond
Wastewater
Water
Irrigation
Drainage
Paving
Earthwork
Landscaping
Lighting
SUB -TOTAL
10 %O &M
TOTAL:
SUMMARY
Amount
$313,528.25
$127,865.00
$80,475.50
$165,097.20
$421,082.38
$8,677.80
$40,000.00
$45,000.00
$1,201,726.13
$120,172.61
$1,321,898.74
Notes:
1) This Opinion of Probable Cost (OPC) shall be used for Permitting Purposes Only.
2) This OPC is based on the engineer's understanding of the current rules, regulations,
ordinances, and construction costs in effect on the date of this document. Interpretations
of these construction costs may affect this OPC, and may require adjustments to delete,
decrease, or increase portions of this OPC.
3) All costs provided in this OPC are based on recent contract prices, or the engineer's
latest known unit costs. These costs cannot be guaranteed at this time due to
unpredictable and uncontrollable increases in the cost of concrete, petroleum, or the
availability of materials and labor.
Jere1S;
Date
Florida
J:128601 Camden Lak"\ExwWedormanea Bond
lip
� O
11
16- A7
16 A7 q
WASTEWATER
Original
Description Quantity Unit Unit Prix Amok
6" Single PVC Sewer Service w/ Cle anent
6
EA
$575.00
$3,450.00
6" Doable PVC Sewer Service w/ Cleanout
34
EA
$750.00
$25,500.00
8" PVC Samtay Sawa SDR 26
4,113
LF
$25.50
$104,881.50
Mw&k 4' Diameter with IET Coating
17
EA
$4,000.00
$68,000.00
Television Inspection
4,113
LF
$1.00
$4,113.00
Connect to Emstm Force Main
1
EA
$2,500.00
$2,500.00
4 "PVCFonxMainDR -18
531
LF
$14.25
57,566.75
4" HIRE Directional Bore
1
LF
$17.00
$17.00
Pomp Station
1
EA
$97,500.00
$97,500.00
TOTAL= 5313,528.25
16 A7
WATER
Description Quantity Unit Unit Pace Amouml
P Single Water Service, Complete
5
EA
$600.00
$3,000.00
1 1R" Double Water Services Complde
34
EA
$1,250.00
$42,500.00
6" PVC Water Main (C900 Class 150)
3,153
LF
$13.50
$42,565.50
6" PVC Water Main (C900 Class 200)
86
LF
$15.00
$1,290.00
8" PVC Water Main (C900 Class 150)
466
LF
$17.50
$8,155.00
8" PVC Water Made (C900 Class 200)
49
LF
$21.00
$1,029.00
10" PVC Water Main (C900 Class 150)
432
LF
$21.50
$9,288.00
10" HDPE Directional Bore Pipe
77
LF
$20.50
$1,578.50
Fite Hydrant
7
EA
$2,287.00
$16,009.00
CotmecttoFadsting Water Main
1
EA
$1,850.00
$1,850.00
Temporary Blow Off
2
EA
$300.00
$600.00
TOTAL = $127,865.00
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IRRIGATION
Estimated
Description Quantity Unit Unit Price Amount
4" PVC Irr. Main (C900, Class 150)
3,629
LF
$9.50
$34,475.50
4" Temp. Blow-Off
2
EA
$1,250.00
$2,500.00
Single Irrigation Service, Complete
5
EA
$860.00
$4,300.00
Double Irrigation Service, Complete
35
EA
$1,120.00
$39,200.00
TOTAL s 580,475.50
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DRAINAGE
Estimated
Description Quantity Una Unit Price Amount
15" RCP
1,045
LF
$22.60
$23,617.00
18" RCP
483
LF
$25.40
$12,26820
24" RCP
816
LF
$31.50
$25,704.00
30" RCP
640
LF
$41.00
$26,240.00
36" RCP
172
LF
$59.00
$10,148.00
15" Flared End
1
EA
$650.00
$650.00
24" Flared End
4
EA
$820.00
$3,280.00
30" Flared End
1
EA
$1,000.00
$1,000.00
36" Flared End
1
EA
$1,200.00
51,200.00
Control Structure
2
EA
$3,500.00
$7,000.00
Valley Goa Inlet
14
EA
$1,885.00
$26,390.00
]unction Box
3
EA
$2,000.00
$6,000.00
Type "C" Gzate Inlet
9
EA
$2,400.00
$21,600.00
TOTAL = $165,097.20
16 A7
PAV'WG
Description
Estimated
Quantity
Unit
Unit Price
Amount
Signing and Maddng
1
LS
$10,000.00
$10,000.00
vwley Ginter
7,680
IF
$4.75
$36,480.00
Type "F" Curb dt Gutter
295
LF
$12.50
$3,687.50
4" Concrete Sidewalk akddomed)
4,245
SY
$30.71
$130,365.33
3/4" Asphaltic Concrete (Type S-M) First Lift
9,411
SY
$5.50
$31,760.50
3/4" Asphaltic Concrete (Type S-M) Second Lift
9,411
SY
$3.50
$51,760.50
8" Limerock Base (compacted and primed)
12,073
SY
$8.50
$102,620.30
12" Stabilized Snbgrade (Onshe Material)
12,073
SY
$2.83
$34,408.05
TOTAL = $421,082.38
EARTHWORK
Esdmated
Description Quantity Unit Unit Price Amount
Sod (1' Behind Curb) 531
2' Silt Fence 4,857
SY $125 $663.75
LF $1.65 $8,014.05
TOTAL = $8,677.80
LANDSCAPING
Estimated
Description Quantity Unit Unit Price Amount
Landscape
ib A7
LS x40,000.00 $40,000.00
TOTAL - $40,000.00
6 ..
16 A7
LIGHTING
]>W ipdon Quantity Unit Unit Price Amount
Light Fixtures
18 EA $2,500.00 $45,000.00
TOTAL w $45,000.00
16 Ai
JEN FLORIDA VI, LLC
RESOLUTIONS
WHEREAS, the Co- Managers of JEN Florida VI, LLC, a Florida limited liability
company (the "Company") are JEN Partners, LLC, a Delaware limited liability company, as Co-
Manager, and Sun Terra Communities I, LLC, a Florida limited liability company, as Non -
Member Co- Manager, and this certification of the Resolutions set forth hereafter is signed by
Reuben S. Leibowitz as the Managing Member of JEN Partners, LLC, in its capacity as Co-
Manager of the Company, and Richard A. Jerman, as the Co- Managing Member of Sun Terra
Communities 1, LLC, in its capacity as Non - Member Co- Manager of the Company.
THEREFORE, the undersigned, do hereby consent to, ratify, adopt and certify for the
records of the Company, the following as the actions of the Company:
RESOLVED, that the Company desires to acquire certain real property located in Collier
County, Florida, known as Royal Palm Academy, and simultaneously enter into an Assignment
and Assumption Agreement, Option Agreement and Construction Agreement for the
development and sale of lots within the Property to Pulte Homes Corporation; and
RESOLVED, that Sun Terra Communities 1, LLC is hereby authorized to execute the
necessary documents on behalf of the Company to finance, acquire, sell, develop and entitle the
property and otherwise accomplish the aforementioned desires, including, but not limited to, the
execution of Contracts, Assignments, Option Agreements, Construction Agreements and other
closing documents for said transaction, and to otherwise take appropriate action in order to close
the transaction and fulfill the obligations of the Company pursuant to such documents.
IN WITNESS WHEREOF, the undersigned have executed and delivered these
Resolutions as of Mwe. i 2012.
JEN FLORIDA VI, LLC
a Florida limited liability company
By: JEN Partners, LLC, a Delaware limited
liability company, its Co- Manager
�ke- Reuben S. Leibowitz
Title: Managing Member
By: Sun Terra Communities 1, LLC, a
Floridannited liability company, its
Name: Richard A.
PMERM CORMen Florida v1 ReWuti=dm Title: Co- Managirn
IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date
first above written.
JEN III LP,
a Delaware limited partnership
Acknowledged and agreed to by the Co- Managers:
JEN PARTNERS, LLC,
a Delaware limited liability company
By:
Name: euben S. Leibowitz
Title: Managing Member
SUNTERRA COMMUNnUS I, LLC,
a Florida limited liability company
Name: Richard J
Title: Manager
By:
N : John ynick
Ti er
BY: JEN Partners, LLC,
its general partner
By:
Name. eRde::uben S. Leibowitz
Title: Managing Member
FAUSERSUICORPUEN Florida Vi Opaadq Agremwt vl.doc