Agenda 01/26/2021 Item #16A 8 (Release Performance Bond for Briarwood Apartments Multi-Family Development)01/26/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$25,000 which was posted as a guaranty for Excavation Permit Number PL20180001468 for work
associated with Briarwood Apartments Multi-Family Development.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Briarwood Apartments Multi-Family Development. Cross sections
have been received and the lake was inspected on December 7, 2020 by the Development Review
Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $25,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon
approval of this item by the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.8
Packet Pg. 450
01/26/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 14520
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number PL20180001468
for work associated with Briarwood Apartments Multi-Family Development.
Meeting Date: 01/26/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/15/2020 2:21 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
12/15/2020 2:21 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/16/2020 1:47 PM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 12/16/2020 6:24 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/17/2020 1:26 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/23/2020 10:28 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/23/2020 1:44 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/28/2020 8:12 AM
Public Services Department Jeanne Marcella Deputy Department Head Review Skipped 12/28/2020 8:41 AM
Growth Management Department Jeanne Marcella Department Head Review Completed 12/28/2020 2:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/28/2020 3:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/28/2020 3:28 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/06/2021 9:19 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/07/2021 8:09 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
16.A.8
Packet Pg. 451
BRIARWOOD APARTMENTS
MULTI-FAMILY DEVELOPMENT
LOCATION MAP
16.A.8.a
Packet Pg. 452 Attachment: Location Map (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 24th day ofMay, 2018 between Naples Livingston, LLC hereinaiter referred to as "Developer,"
and the Board o, County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. oI the Collier County Code ol Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20180001468 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the loregoing premises and mutual covenants
hereinafter set forth, Developer and lhe Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereoi) in the amount of $25,000.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satislactory completion ol the Excavation Work.
The Excavation Work shall not be considered complete until Developer notif ies the
County that the Excavation Work is complete and the linal Excavation Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
The County Manager or designee shall, within sixty (60). days of receipt ot
notilication by Developer in writing that the Excavation Work is complete, either: a)
notify Developer in writing ol his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal to approve lhe Excavalion Work, therewith
specifying those conditions which Developer must lulfill in order to -obtain the
County Manager's approval ol the Excavation Work.
ln the event Developer shall lail or neglect to fulfill its obligations under this
Agreement, upon certification ol such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance o, tho Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance ol bids, the
Excavation Work. The Developer, as principal under the excavation performance
2
3
5
b
4.
16.A.8.b
Packet Pg. 453 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
7
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
Developer to fulf ill all of the provisions of this Agreement.
lN WITNESS WHEREOF, the Board and Developer have c
executed by their duly authorized representatives this J.9 day of
Naples Livin LC
nted Name d annr$<r C. Adornsrn
Willaam D. Spry, lll
Sign:CFO ol Johnson Development Associates, lnc.,
Authorized Manager
BoARD oF COUNTY COMMISSIoNERS
OF COLLIER CoUNTY. FLoRIDA
aused this Agreement to be
tfiAt-t ,20 ttr .
0
n
By
Printed Name S\\,-"".,""-e-l L. N er-l
ATTEST:
t-r'Jslt1 ( l(a221 , 7ala,,1t 1lt7(
App as to lorm and le gality:
Scott A. Stone
Assistant County Attorney
By Tat-t4;
as designee of the County Manager
pursuant to Resolution No. 2015-162
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
SIGNED IN THE PRESENCE OF:
!E: . tnc-rLbuL4d-t-t t-*
By:-
tnk,.a Alerk
16.A.8.b
Packet Pg. 454 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
Bond #9282804
PERFORMANC€ BONO FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples Livingston, LLC
100 Dunbar Street. Ste: 400
Spartanburg, SC 29306
(hereinafter referred to as "ownet{ PriJcipal"
Fidelity and Deposit Company of Maryland
1299 Zurich Way
Schaumburg, lL 60196
(hereinafter referred to as "surety") are held and firmly bound unto collier
Counry, Florida, (hereinafter referred to as "County") in the to(al ag8regate
sum of .
* Twenty Dollars (g 25,000..!q ) 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 sin8ular or plural, as the context requires.
THE CONOITION OF THlS OBtIGATION is such that whereas. the Owner has submitted for
approval by the Board a rertain excavation permit no, " "*"*"'.. and tha( certain excavation
permit shall include specific improvements which are required by Collier county Ordinances and
Resolutions (hereinafter "Ldnd Development Regulations"). Ihis obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of completion of
the work and approval by the County of the specific improvements described in the Land
Development ReSulations (hereinafter the "Guaranty Period") or until replaced by a new bond in
the event of a (hange of Ownership.
NOW, TH EREFORE, 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 rhe County, and the Owner shall satlsfy all claims and demands incurred and shall
fully indemnify and save harmless the County from and against all (osts 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 €xpense v,/hich the county may incur in making good any default, then this obligation
shall be void, otheruvise to remain in full force and etfert.
b
follows:
' Five Thousand
" Briarwood Aparlmenls- Multi Family Developmenl
16.A.8.b
Packet Pg. 455 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, elteration, addition or deletion to the proposed specific
improvernents shall in any way affe(t its oblitation on this Bond, and lt does hereby waive nolice
of any such change, extension of time, alteration, addation or deletion to the proposed specific
improvemen(s.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deerned amended
automatically and immediately, without formal and separate.amendments hereto, so as to bind
the Owner and the Sur€ty to the full and faithful performance in arcordance with the Land
Oevelopment Regulations. The term "Amendment," wherever used in this 8ond, and whether
referrint to this Bond, or other documents shalt include any alteration, addition or modification of
any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BONO to be
20 18.executed this 12th day of
WITNESSESI
I
I
I
,hl&{;*il_|ffii#;n*'^'''"'
l. Authon2ed Manager
Printed Name h)Arnuz lltwey
8y W,laD O Spry.llr
!ts cFO
Pnnled Name Soqr^,. et l) tf U
ACKN OWLEDGE I,4 ENT
srArE oF :. rluCo--^.\'. J
couNTY oF-
April
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16.A.8.b
Packet Pg. 456 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
THE FOREGOING PEEFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
\:L-DAY OF AIr-l_)- 2O--. By (NAME OF ACKNoWLEDGER) AS (IITLE) OF
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
Notary Public - State of \,-qLe.9^cs*)
(s
AS IDENTIFICATION '\\\\\lllllllll
.,*'\ueHF
Ss=iieY P
=*--
eY, ro' rraY
xtk.
rinted Name !--nt+"-\^r
COMMISSION :
EXPIRES '
Fdelily ard Deposit Company of Maryland - Surely
WITNESSES
o,, I a";ir\
By
Printed Name
Printed Name Lynn patton David Weise Attorney ln Fact
Trna Salas
ACKNOWLEDGMENl SEE ATTACHED CALIFORNIA
ACKNOWLEDGi,llENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
- ., DAY OF , 20 -, BY (NAME OF ACKNOWLEDGER) A5 (IIILE) OF
(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAs PRODUCED
. A5 IDENTIFICATION
Notary Pub lrc State of
(SEAL)
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16.A.8.b
Packet Pg. 457 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sacramento )
on April 12, 2018 before me,Nicki Moon, Notary Public
(insert name and title of the office|
personally appeared David Weise
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct
WITNESS my hand and official seal
Nlc(l MooN
tlotaly Public - Glifornla
Sacramento CorrntY
(ommisiioo 1 21 88447
Comm. Epires MaI20 2021
Signature (Seal)Tk ,il, th/trk-
16.A.8.b
Packet Pg. 458 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
ZURICIT AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY
FIDELITY AND DEPOSIT CONIPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRUSENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation ofthe State ol'Ncw
York, the COLONIAI. AMtsRlCAN CASUALTY AND SURB'I Y COMPANY. a corporation of the State olMaryland, and the FIDELII'Y
AND DIIPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companics"). b)'
MICHAEL BOND, Vice President, in pursuance of authority grantcd b) Anicle V, Section 8, ofthe By-t,arvs ofsaid Companies, \\'hich
are set lorth on the revcrse side hereof and are hereby certified to be in fi]ll force and effect on the date hereof, do hereby nominate,
constitute, and appoint David WEISE, Thomas R. HUCIK, Rosslie A. MISZKIEL, Nicki MOON, Tina SALAS and Lynn Ellen
PATTON, all of Rancho Cordova, Califordia, EACH its true and lawful agent and Attorncy-in-Fact, to make, execute, seal and deliver.
for. and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknouledged by the regularly elected officers ofthe ZURICH AMERICAN INSURANCE COMPANY at
its officc in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURFIl Y COMPANY
at its oflicc in Owings Mills. Maryland., and the regularly elected omcers of the FIDELITY AND DEPOSIT COMPANY oF MARYLAND
at its oflice in Ouings Mills, Maryland-. in their own proper persons.
The said Vice President does hereby certiry that the extract set forth on the reverse side hereofis a true copy ofArticle V, Section 8, of
the By-Laws ofsaid Companies, and is now in force.
lN WITNESS WHERIOF, the said Vice-President has hereunto subscribed his4rer names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 25th day of August, A.D. 2011.
ATTEST:
Zt RICH -{}IERIC,\\ I\ST R \\('E CO\!P,\\}
cot.o\l-{L -{\tERI(,\\ c.-tst .\r.'t\' .\\D st RUr\ co\lP.\\}
ITDEI,II T . ND Df PoSI-I CO}IPA\\ OT \I.\RI I,,\\D
.+$:$'%1
Li
ev:
Assistant Secrelary
Dawn E- Brotvn
l'ice President
Michael Bond
State of Maryland
County of Baltimore
On this 25th day ofAugust, A D 2017, before the subscriber, aNotary Public ofthe State of Maryland, duly commissioned and qualified, MICtLAf,L
BOND, vice President, snd DAWN f,. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrum€nt, and acknowledged the execution of sarne, and being by me duly swom, deposeth and saith, thal
he/she is dle said officer ofthe Company aforesaid, and that the seals aflixed to th€ preceding instrument arc the Corporate Seals of said Companies, and lhat
the said Corporate Seals and the signature as such omcer were duly affixed and subscribed to the said instrument by the aulhority and direction ofthe said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and alfixed my Official Seal the day and year fi$t above wrinen.
Co"-*.,",- a A.*--
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
EEAL
POA,F 016 3861G
ltL]fi {il
16.A.8.b
Packet Pg. 459 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fact. The ChiefExecutive Officer, the President, or any Executive Vice President or Vice President
ma),, by written iostrument under the attested co.porate scal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-lact to affix the corpoEte seal thereto; and may with or without cause modify ofrevoke any such appointmen: or authority at any
time."
CERTIFICATE
I, the undersigfled, Vice President of the ZURICH AMEzuCAN INSURANCE COMPANY, the COLONIAL AMEzuCAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attomey is still in full force and effect on the date ofthis certificate; and I do further ce(iry that Article V, Section 8, of
the By-Laws ofthe Companies is still in force.
This Power ofAftomey and Certificate may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors ofthe ZUzuCH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5rh day ofDecember 1998.
RESOLVED: "That the signature ofthe Prcsident or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal ofthe Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereofbearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attomey and Certificale may be signed by facsimile under and by authority ofthe following resolution ofthe Board of
Directors ofthe COLONIAL AMERICAN CASUALTY AND SURXTY COMPANY at a meeting duly called and held on the 5th day of
May, 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day ofMay, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal ofthe company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary ofthe Company, whethgr made heretofore or hereafter. wherever appearing upon a
certified copy ofany power ofattomey issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN 1'I]STIM
16;. l2ttXur.,,6
ONY WHFIREOF. I have hereunto subscribed m y name and allixed lhe corporate seals oflhe said Companies,
APRIL 20 t8
r 4[/.
David McVicker, Vice President
TOREPORTACLAIMWITHREGARDTOASURETYBOND,PLEASESUBMITALLREQUIRED
INFORMATION TO:
Zurich American Insurance Co
Attn: Surety Claims
1299 Ztrich \N ay
Schaumburg, IL 60 196- 1056
EEAL
10e€
16.A.8.b
Packet Pg. 460 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
CONSENT RESOLUTION OF SOLE MEMBER OF
NAPLES LIVINGSTON, LLC
The undersigned Sole Member of Naples Livitr$ton, LLC (the "Company") does hereby waive any and all
requirements forthe holding ofa meeting ofthe Members ofthe Company and does hereby adopt the following resolutions
by signing its written consent hereto.
WHEREAS, on January 30,2018, the Company acquired fee simple interest in and to certain real property located
in Collier County, Florida consisting ofapproximately '15.97 acres and bearing Collier County Tax Parcel No. 24755002504,
upon which the Company intends to develop a multifamily apartrnent community (the "Project"); and
WHEREAS, the Company hereby desires to confirm the appointment ofa Property Manager with authority to do
all things necessary to construct and develop the Project.
BE IT HEREBY RESOLVED:
The undersigned Sole Member ofthe Company is hereby resolved that Johnson Development Associates,
Inc. is the authorized Project Manager (pursuant to that certain Project Management Agreement dated as
ofJanuary 30, 2018) for the Project, with authority to take the following actions on behalfofthe Company
and the Sole Member with respect to construction and development ofthe Project: (i) obtaining all required
government permits for the construction of the Project; (ii) hiring and supervising contractors and other
materialmen and laborers to perform the construction of the Project; (iii) overseeing the progress of the
construction of the Project and the payment for labor and materials; (iv) maintaining quality control with
respect to the construction ofthe Project; (v) supervising the processing of ary claims for damage or loss
incurred in connection with the Project; (vi) acting on requesls for change orders; (vii) coordinating the
work of the Project with the architects, structural and civil engineers, and other design professionals; and
(viii) such other similar work reasonably required to complete the Project within the estimated time and
within the estimated budget.
The undersigned sole member of the Company is hereby further resolved that the following officers of
Johnson Development Associates, Inc. are hereby authorized and empowered to execute any and all
documents necessary to give effect to the foregoing resolution on behalf ofthe Projcct, the Company and
the Sole Member of the Company, and the Company hereby ratifies and confirms the actions heretofore
taken by the undersigned in such capacity with respect to the Project:
Dan C. Breeden, Jr., as Secretar5r/Treasurer ofJohnson Development Associates, Inc.
Jason C. Lynch, as Vice President ofJohnson Development Associates, Inc.
William D. Spry, III, as CFO of Johnson Development Associates, Inc.
IN WITNESS WHEREOF, the undersigned, being Sole Member of the Company, has hereunto executed this
Consent Resolution of the Sole Member as of the ., '- day ofFebruary, 2018.
SOLE MEMBER:
The Haven at Briarwood, LLC
By: Nati Exchan ges
Its: Sole
LBy,
Mart Vice sident
16.A.8.b
Packet Pg. 461 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
CONSENT CERTIFICATE OF JOTINSON DEVELOPMENT ASSOCIATES, INC.
ACTION BY DIRECTORS AND SHAREHOLDERS
The undersigned, being all of the Directors and Shareholders of JOHNSON
DEVELOPMENT ASSOCIATES, INC. (the 'Corporation"), a corporation incorporated under
the laws of the state of South Carolina, hereby consent to and adopt the following as the action of
this Corporation:
WIIEREAS, Tyler Cooper has resigned from his role as CFO of the Corporation;
and
WHERBAS, the Corporation has agreed to accept Mr. Cooper's resignation and
has agreed to appoint William D. Spry, III as CFO of the Corporation and to
reappoint certain other of{icers.
NOW THEREFORE, BE IT RESOLVED, that the Corporation hereby elects
and appoints (or reappoints, as the case may be) the following officers of the
Corporation to serve in such capacities until their resignation or until their successor
is appointed, and each of whom, acting alone, shall have the authority to bind the
Corporation:
George Dean Johnson, III - CEO
Jason C. Lynch - Vice President
William D. Spry, III - CFO
Dan C. Breeden, Jr. - Secretary and Treasurer
FURTHER RESOLVED, that the following individuals continue to serve as
Directors of the Corporation:
George Dean Johnson, Jr. (Chairman)
Dan C. Breeden, Jr.
The unanimous consent of the Directors and Shareholders may be evidenced by their
signatures on one or more copies of this document, which shall be filed in the records of the
Corporation. The adoption of these resolutions by the unanimous written consent of the Directors
and Shareholders has the effect of the adoption of these resolutions by a vote at a duly-called
meeting ofthe Directors and/or the Shareholders, as the case may be, and may be so described in
any document.
ISignatures Follow]
16.A.8.b
Packet Pg. 462 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)
-
Date 2017
J n,J
Director
Date: 15-r-., 1t .2017
Dan C. Breeden, Jr.
Director
o
Date:,20t7
Dean J ,Ir.Trustee
George Dean J , Jr.
Revocable Trust dated April 10,2W
Shareholder
Date 3 20t7
Dan C. Breeden, J r., Trustee
George Dean Johnson, III Trust
under agreement dated October 9, 1987
Shareholder
J)---aJ Date: J.44.,3\ ,2017
Dan C. Breeden, Jr., Trustee
Susanna Presnell Johnson Trust
under agreement dated October 9, 1987
Shareholder
o
16.A.8.b
Packet Pg. 463 Attachment: Bond Basis (14520 : Excavation Bond Release - Briarwood Apartments Multi-Family Development)