Backup Documents 11/09/2021 Item #16A 7 1 6 A 7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 he forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later
than Monday preceding the Hoard meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County �^ by / iSI 2/17/22
Commissioners
5. Minutes and Records Clerk of Court's Office `p,4 �f��1 . 'a',a
PRIMARY CONTACT INFORMATION ! J
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lucia Martin—Development Review Phone Number X 2279
Contact/ Department
Agenda Date Item was 11/09/2021 / Agenda Item Number 16.A.7 ✓
Approved by the BCC
Type of Document Plat ✓ Number of Original I ✓
Attached Documents Attached
PO number or account conIuct z--a;tit /fl
number if document is Qxf. 2271
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A (Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? `..;ia/y LM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
by the Office of the County Attorney. LM
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 LM
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 LM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
•
8. The document was approved by the BCC on 11/09/2021 and all changes made
during the meeting have been incorporated in the attached document. The County Y
Attorney's Office has reviewed the changes,if applicable. y�
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the )Q. or
Chairman's signature. f (7ztea
I:Forms/County Forms/BCC Forms!Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16A7
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 In 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 Rlonda} preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office zZ
Dpe 21\ 1
4. BCC Office Board of County
Commissioners W/'1 byl7(3 1.51 2/17/22
5. Minutes and Records Clerk of Court's Office niWa- ,a.rar
PRIMARY CONTACT INFORMATION ''�--
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lucia Martin—Development Review Phone Number x-2279
Contact/ Department
Agenda Date Item was 11/09/2021 f Agenda Item Number 16.A.7
Approved by the BCC
Type of Document Bond,Maintenance Agreement Number of Original' 2
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
I. Does the document require the chairman's original signature? Sf onp LM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
by the Office of the County Attorney. LM
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 LM
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 LM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/09/2021 and all changes made during (1
the meeting have been incorporated in the attached document. The County Qj'` aJ
Attorney's Office has reviewed the changes,if applicable. e c
9. Initials of attorney verifying that the attached document is the version approved by the p
BCC,all changes directed by the BCC have been made,and the document is ready for the b�
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 1 I/30/12
16A7
MEMORANDUM
Date: February 17, 2022
To: Lucia Martin, Project Manager
Growth Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: (Soluna Plat)
Construction and Maintenance Agreement
Performance Bond 016232474
Attached for your records are copies of the agreement and bond referenced above,
(Item #16A7) approved by the Board of County Commissioners November 9, 2021.
The originals will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16A7
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 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
designee. The County Manager or 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 designee may call upon the subdivision performance security to
secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct or consequential, which
the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and
the respective successors and assigns of the Developer.
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by their
duly authorized representatives this 20tIt day of January , 20 22 .
SIGNED IN THE PRESENCE OF: (Name of Enti
.R. on,Inc.
Witness:
Printed Name. s Division President
r-K J�vr►1 � e-r d
Witness: Printed Name/Title
_ (President,VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name:
..�• `,#tJ &y h r �c r•e t'T Evidence of signing authority attached
hereto as Exhibit "B".
ATTEST:
CRYSTAL K.feN ,CLERK 4 BOARD OF COUNTY COMMISSIONERS
0- COUNT , LO- k
By: _ , ` _ •
By: ' .-' ,.4111,
DeputyAlt ,. 0 WI`''R Wilt as L. McDaniel, Jr. , Chairaati
Approved a% p, a pgality:
k D. ham
Assistant County Attorney v
1 6 A 7
EXHIBIT "A"
Subdivision Performance Security
EXHIBIT"A" 1 6 A 7
Collier County.Florida.Land Development Code
APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
Bond NO.016232474
KNOW ALL PERSONS BY THESE PRESENTS that
D.R.Horton.Inc.
10541 Ben C. Pratt Six Mile Cypress Parkway
Fort Myers, FL 33966
(hereinafter referred to as"Owner")and
Liberty Mutual Insurance Company
175 Berkeley Street
Boston,MA 02116
(617)357-9500
(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 Two Million Seven Hundred Thousand Nine Hundred and Eighty Three
Dollars And Seventy Eight cents($2,700,983.78) 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 SOLUNA PL20210000514 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 dunng 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 13th
day of December, 2021.
NESSES: D.R. H Inc.
-- By.
Jus• ob Division President
Printed Name
�,���� ,�,�:1 ty Evidence of signing authority attached
'•"9D hereto as Exhibit'B".
(Supp No. 24)
Page 3 of 24
16A
Collier County.Florida.Land Development Code
APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
fLtC(O• &r 10.4016W
Collier County, Florida, Land Development Code -1 19-W H"""12 1`1'
(Supp No. 24)
Page 4 of 24
16A7
Collier County,Florida.Land Development Code
APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
.I Printed Name
Notarial Acknowledgement
Per Requirements of§ 117.05. Florida Statutes
STATE OF
COUNTY OF LK'
The foregoing irirll(;r�ni bras asluviejOe4 bg�rg a by means oftnhysical presence or_online notarization,
this 20*-t day of[year, y [name of person s pe of authority,e.g.president or vice president] for[legal
name of entity],whores personally known orn has produced[type of identification]as identification.
[signature of Notary Public] + r """•t RINAPATEL
f Notary Public-State of Florida
[the Notary Public's official seal]
Commission N GG 964221 [
+ My Comm.Expires May 7,2024
2•ti,A Q�i1+�I ( Bonded through National Notary Assn. )
restaimeingiaminwimmowassouPwrias
[printed name of Notary Public]
WITNESSES: Libe utual lnsuran Company
1✓�.rlar �J: cr,r By: l.,M
Marlon Pavkowski" I)unna� .Pl""i" Attorney—in—fact
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Christian Pored/v
Printed Name
Notarial Acknowledgement
Per Requirements of§ 117.1)5. Florida Statutes
STATE of CT
COUNTY OF Hartford
The foregoing instrument was acknowledged before me by means ofa physical presence or..,online notarization,
This 13"day of December 2021, by Donna M.Planeta as Attorney-in-fact for Liberty Mutual Insurance Company,who
xi is personally own on]has produced N/A as identification.
[signature of Notary Public]
[the Notary Public's official seal] TIMOTHY S. HUFFMAN
NOTARY PUBLIC-CT 183092
bty Commlulon Expires Feb.28,2028
Timothy S. Huffman
(Ord,No. 15-44.§3.N;Ord. No. 21-05. §3.0)
c. The Construction. Maintenance and Escrow Agreement for Subdivision Improvements shall be
substantially as follows.
(Supp No. 24)
Page 5 of 24
16A7
Collier County.Florida.Land Development Code
APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
l icacd '0 11911 UP 17 II SII
Collier County.Florida.Land Development Code
(Supp No. 24)
Page 6 of 24
., This Power of Attorney limits the acts of those named herein,and they have no authority to
r•• hind the Company except in the manner and to the extent herein stated.
'',`4= Liberty Liberty Mutual Insurance Company
/�
4
♦!` Mutual
No: 8206533-985949 MU11 The Ohio Casualty Insurance Company _--
West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporaticn duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organ zed under the laws of the State of Massachusetts.and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Aimee R.
Perondine,Alexis Apostolidis,Amanda Pierina D'Angelo,Bethany Stevenson,Brendan Fletcher,Bryan M.Caneschi,Cassandra Baez,Donna M.Planeta,Eric Strba,
Gently Stewart,Jacqueline Susco,Jennifer Gail Godere,Joshua Sanford,Kathryn Pryor,Michelle Anne McMahon,Nicholas Turecamo,Rebecca VI Josephson
all of the city of I Iartford state of CT each individually if there be more than one named,its true and lawful attorney-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deec,any and all undertakings.bonds.recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Comoanies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 12th day of October , 2021 .
Liberty Mutual Insurance Company
P`tNSU,pq P`SV INst, a tNS44 The Ohio Casualty Insurance Company
j"oaroe,,_14- c?coePow,n4c, c,P?oi,Poe.,of� West American Insurance Company
f 1912 ,) 0 1919 7 1991 0 y// _I,`o /'r
dj1.'4A4C mot.aa; 501�4'MA pAp0",D7O a D1AN�a3 "`-'�T��/ � / '�
%7 # 0 ill * OX d,� . yes By: �7" .7
coo — — David M.Carey,Assistant Secretary g 7
.TO-ns State of PENNSYLVANIA SS CC
N rn County of MONTGOMERY O
w j On this 12th day of October 2021 before me perscnally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 11
N coCompany,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes
w- therein contained by signing on behalf of the corporations by himself as a duly authorized officer
w IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notanal seal at King of Prussia,Pennsylvania,on the day and year first above written.
C'y
O t Commonwealth cf Pennsylvania-Notary Seal
Teresa Pastella Notary Pubic /f�wMontgomery Ccunty
Cam) My commission expres March 26.2025 By. ,�c�l.c�E�� .C.r i p[lro Commissar number 1126044
__ Memxr.Pennsyvama Association of Notaries Teresa Pastella.Notary Public
(0 a '\RY Vx� 15q
N
-e w This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance
E. Company,and West American Insurance Company which resolutions are now in full force and effect reading as fdlows: N
o m ARTICLE IV—OFFICERS:Section 12.Power of Attorney. b
'- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President t0
v u may prescribe,shall appoint such attorneys-in-fact.as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all
IL; undertakings bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full 1/3
0' power to bind the Corporation by their signature and execution of any such instrumerts and to attach thereto the seal of the Corporation.When so executed,such instruments shall
Z u be as bind ng as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this %._
article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. l0-
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe.
shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obigations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in-
fact as may be necessary to act on behalf of the Company to make.execute.seal,acknowledge and deliver as surety any and all undertakings.bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of Directors.the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I.Renee C.Llewellyn,the undersigned,Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13th day of December 2021 .
?�'1NSUR4 P�'�' INgG� N 1NSll-q
J `oeroar.otim eJ oD„Potr.o7y+ `
cP`o,seoR,4 Oco
> s ,.0, o 0 1919 f 1991 0 �,.,uy�
2 W O 1 _
Yct,>%4c,,,t% dD O R�N,,,,,PS� ,e 1s ��'DIAN/D� Renee C.Llewellyn,Assistant Secretary
. 0 41 . *N M * *� Y
LMS-12873 LMIC OCIC WAIC Multi Co 02R1
ibA7
EXHIBIT " B"
Signing Authority
16A7
CERTIFICATE OF SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected,qualified and acting Secretary of D.R.Horton,Inc.,a Delaware
corporation (the "Company'), is familiar with the facts herein certified and is duly authorized to
certify the same.
2. The following is a true,correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of the Executive Committee of the Board of Directors of the
Company dated January 30, 2019 (the "Resolutions"). The Resolutions have not been amended,
rescinded or modified and remain in full force and effect as of the date hereof.
Election of Vice President and Division President
WHEREAS,effective August 25,2016,Justin A.Robbins was duly elected
to the office of Assistant Secretary of the Company in the Company's Southwest
Florida Division;
WHEREAS, Justin A. Robbins has been promoted to the position of
Division President of the Company's Southwest Florida Division;and
WHEREAS, it is now desirable to elect Justin A. Robbins as a Vice
President of the Company and Division President of the Company's Southwest
Florida Division.
NOW, THEREFORE, BE IT RESOLVED, that Justin A. Robbins is
hereby elected to the office of Vice President of the Company and Division President
(the "Division President") of the Company's Southwest Florida Division (the
"Division"), to serve until the next annual meeting of the directors of the Company
and until his successor is duly elected and qualified or until his earlier death,
resignation or removal.
RESOLVED FURTHER,that the Division President is hereby authorized
and empowered,in the Division and in the name and on behalf of(A)the Company,
(B)any partnership of which the Company is a general partner,manager or agent,and
(C)any limited liability company of which the Company is a member,manager or
agent(collectively the "Entities"), (i)subject to written approval by any one of the
following officers of the Company: (a) Chairman of the Board, (b) President, (c)
Senior Executive Vice President, (d) Executive Vice President or (e) the Region
President of the Division (the "Approving Officers"), to execute and deliver
contracts,agreements and other documents and instruments(other than promissory
notes) for the purchase of real property, and any improvements or appurtenances
constructed thereon or affixed thereto, or any interest therein, including without
1 6 A 7
limitation any right-of-way, easement, leasehold or other tangible or intangible
property,right or interest,and any personal property relating or incident thereto,(ii)
subject to written approval by any one of the Approving Officers, to execute and
deliver contracts,agreements,deeds,conveyances or other obligations of the Entities,
closing statements and other documents and instruments for the sale of improved or
unimproved real property,or any interest or right therein,owned,leased or otherwise
controlled by the Entities and(iii)to execute and deliver model home leases and such
other agreements,instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER,that in connection with the management of the
Entities'business,the Division President is hereby authorized and empowered,in the
name and on behalf of the Entities in the Division, to execute and deliver (i)
contracts, agreements and other documents and instruments for the subdivision,
development and/or improvement of real property,(ii)contracts,agreements,deeds,
closing statements and other documents and instruments for the sale,transfer and/or
conveyance of mineral rights,groundwater and other water rights owned,leased or
controlled by any of the Entities to DRH Energy,Inc.,an affiliate of the Entities,(iii)
home sales contracts,sales person employment agreements and similar or equivalent
agreements,documents or instruments and(iv)personal property leases for,among
other things,office equipment and construction trailers.
RESOLVED FURTHER,that in connection with the management of the
Entities' business in the Division, the Division President shall be authorized and
empowered,in the name and on behalf of the Entities in the Division,to execute and
deliver any and all documents and instruments,necessary to sell and convey title to
single-family and multi-family homes.
RESOLVED FURTHER,that,effective as of the date hereof,the Justin A.
Robbins is hereby removed from the office of Assistant Secretary of the Company.
RESOLVED FURTHER,that effective as of the date hereof,the authority
hereby granted to the Division President supersedes authority previously granted by
Written Consent of Executive Committee of the Board of Directors to the Division
President.
IN WITNESS WHEREOF,the undersigned has signed on the 12`h day of February,2019.
4171,10161.0.- g. / a
Thomas B. Montano
Secretary
U:UTEWALT\Min\DH1\I 9Feb12-COS4.wpd 2
16A7
CERTIFICATE OF SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Secretary of DRHI, Inc., a Delaware
corporation (the "Company'), is familiar with the facts herein certified and is duly authorized to
certify the same.
2. The following is a true,correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of Sole Director of the Company dated January 30, 2019 (the
"Resolutions'). The Resolutions have not been amended,rescinded or modified and remain in full
force and effect as of the date hereof.
Election of Vice President and Division President
RESOLVED,that Justin A.Robbins is hereby elected to the office of Vice
President of the Company and Division President(the "Division President")of the
Company's Southwest Florida Division (the "Division"), to serve until the next
annual meeting of the directors of the Company and until his successor is duly
elected and qualified or until his earlier death,resignation or removal.
RESOLVED FURTHER,that the Division President is hereby authorized
and empowered,in the Division and in the name and on behalf of(A)the Company,
(B)any partnership of which the Company is a general partner,manager or agent,and
(C) any limited liability company of which the Company is a member, manager or
agent(collectively the "Entities'), (i)subject to written approval by any one of the
following officers of the Company: (a) Chairman of the Board, (b) President, (c)
Senior Executive Vice President, (d) Executive Vice President or (e) the Region
President of the Division (the "Approving Officers'), to execute and deliver
contracts,agreements and other documents and instruments(other than promissory
notes) for the purchase of real property, and any improvements or appurtenances
constructed thereon or affixed thereto, or any interest therein, including without
limitation any right-of-way, easement, leasehold or other tangible or intangible
property,right or interest,and any personal property relating or incident thereto,(ii)
subject to written approval by any one of the Approving Officers, to execute and
deliver contracts,agreements,deeds,conveyances or other obligations ofthe Entities,
closing statements and other documents and instruments for the sale of improved or
unimproved real property,or any interest or right therein,owned,leased or otherwise
controlled by the Entities and(iii)to execute and deliver model home leases and such
other agreements, instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER,that in connection with the management of the
Entities'business,the Division President is hereby authorized and empowered,in the
name and on behalf of the Entities in the Division, to execute and deliver (i)
16A7
contracts, agreements and other documents and instruments for the subdivision,
development and/or improvement of real property,(ii)contracts,agreements,deeds,
closing statements and other documents and instruments for the sale,transfer and/or
conveyance of mineral rights, groundwater and other water rights owned,leased or
controlled by any of the Entities to DRH Energy,Inc.,an affiliate of the Entities,(iii)
home sales contracts,sales person employment agreements and similar or equivalent
agreements,documents or instruments and(iv)personal property leases for,among
other things,office equipment and construction trailers.
RESOLVED FURTHER,that in connection with the management of the
Entities' business in the Division, the Division President shall be authorized and
empowered,in the name and on behalf of the Entities in the Division,to execute and
deliver any and all documents and instruments,necessary to sell and convey title to
single-family and multi-family homes.
IN WITNESS WHEREOF,the undersigned has signed on the 12th day of February,2019.
4171,0440- aArkkitlindo,
Thomas B. Montano
Secretary
U:UTEWAL'I\Min\DRHIU9Feb12-COS.wpd 2
I6A7
EXHIBIT "C"
Opinion of Probable Cost
16A7
YiAmalk
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Soluna
Engineer's Opinion of Probable Costs
SUMMARY
(W) POTABLE WATER SUB-TOTAL $235,946.00
(5) SANITARY SEWER SUB-TOTAL $553,603.00
ESTIMATED UTILITY CONSTRUCTION COST $789,549.00
(G) GENERAL $69,687.00
(E) EARTHWORK $517,733.40
(D) STORM DRAINAGE SUB-TOTAL $284,027.00
(P) PAVING AND GRADING SUB-TOTAL $460,903.90
(L) LANDSCAPING SUB-TOTAL(2) $333,539.50
ESTIMATED SITE CONSTRUCTION COST $1,665,890.80
Due at
Due at Permit
Submittal Approval
PPL Fee Calculations for Utility Construction
0.75%for Construction Document Review $5,921.62
2.25%for Construction Inspection $17,764.85
PPL Fee Calculations for Site Construction
0.75%for Construction Document Review $12,494.18
2.25%for Construction Inspection $37,482.54
TOTAL PPL FEE BASED ON OPC $18,415.80 $55,247.39
FEE PREVIOUSLY PAID $12,892.00
TOTAL PPL FEE DUE AT 2ND SUBMITTAL $5,523.80
Note:
1. This Engineer's Opinion of Probable Cost represents the estimated cost for constructing the above listed infrastructure for Soluna
(RWA,Inc.File No.200061.00.00).
2. Landscaping Cost Estimate provided byPergola,Inc.signed and sealed by Jeffrey Petry,RLA.
o`•,E)3A111N&,a•• Digitally signed by Joel B.Blikstad P.E.
`;°ot„v r'�scEpr�;rj�•,, $84364 State of Florida
Y eo.84364 = DN:c=US.st=Florida.l=Naples.
= A Inc. = em has be
t,47(Of '= o digitallyW signedou and
This seitaled.,cn=Joelen B.
•�g/s s ' = Blikstad.P.E.M84364 State of Florida,
enuil=jhlikstadernnsulbrwa.rnm
'..SADNALCro Date,2022.01.20 15:50,57-05'00'
Printed copies of this document are not considered signed and
sealed and the signature must he verified on any electronic.copies.
Joel Blikstad,P.E.#84364
RWA,Inc.
6610 Willow Park Drive,Ste 200
Naples,Florida 34109
12800 University Drive
Fort Myers,Florida 33907
Phone:(239)597-0575 1/20/2022
Fax:(239)597-0578 3:48 PM
16A7
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
GENERAL
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
G-2 Construct and Maintain Staked Single Row Silt Fence LF 2,634 $2.00 $5,268.00
G-3 Construct and Maintain Staked Double Row Silt Fence LF 696 $4.00 $2,784.00
G-4 Construct and Maintain Temporary Gravel Entrance LS 1 $3,500.00 $3,500.00
G-5 6'Aluminum Rail Fence LF 829 $30.00 $24,870.00
G-6 6'Chain Link Fence LF 351 $15.00 $5,265.00
G-5 Clearing and Grubbing(Heavy) AC 5.0 $4,000.00 $20,000.00
G-6 Mow,Strip and Disc AC 5.0 $600.00 $3,000.00
G-7 Maintenance of Traffic LS 1 $5,000.00 $5,000.00
General Sub-Total $69,687.00
K:\2020\200061.00.03 Sun Broadcasting PUD,CRP.PPT,,SIP&SDP\0009 Civil Eng,Const Plans and Tech Specs\CaiculaUons\quantities\2022-01-10 Solona OPC 1/20/2022
General 3:48 PM
16Ai
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
EARTHWORK
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
E-1 Lake Excavation(Topsoil&Sand)-Paid on Excavtion Permit BCY 19,503 $0.00 $0.00
E-2 Lake Excavation(Rock)-Paid on Excavtion Permit BCY 20,800 $0.00 $0.00
E-3 Load and Haul Lake Excavation to Lots,Roadways,and Berms BCY 40,303 $0.00 $0.00
E-4 Import Fill BCY 18,067 $16.00 $289,072.00
E-5 Place,Compact&Fine Grade SY 27,833 $1.00 $27,833.00
E-6 Sodding(all open space areas,does not include R/W or lots) SY 10,454 $2.10 $21,953.40
E-7 Seed and Mulch Lot Area AC 5.8 $1,300.00 $7,475.00
E-8 Sod Watering for Stabilization LS 1 $5,000.00 $5,000.00
E-9 Rock Crushing BCY 20,800 $8.00 $166,400.00
Earthwork Sub-Total $517,733.40
Note:
Lake Excavation paid through excavation application.
K:\2020\200061.00.03 Sun Broadcasting PUD,ERP,PPL,SIP Si SDP\0009 Civil Eng,Const Plans and Tech Specs\Cakulat,ons\Quantities\2022.01-20 Soluna oPC 1/20/2022
Earthwork 3:48 PM
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ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
SANITARY SEWER
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
S-1 8"PVC Sanitary Sewer Main(0'-6'Cut) LF 576 $38.00 $21,888.00
S-2 8"PVC Sanitary Sewer Main(6'-8'Cut) LF 746 $44.00 $32,824.00
5-3 8"PVC Sanitary Sewer Main(8'-10'Cut) LF 799 $53.00 $42,347.00
S-4 8"PVC Sanitary Sewer Main(10'-12'Cut) LF 43 $64.00 $2,752.00
S-5 4"Plug Valve EA 2 $1,200.00 $2,400.00
S-6 4"PVC Force Main(DR18) LF 415 $20.00 $8,300.00
S-7 4'Diameter Manhole(0'-6'Depth) EA 3 $5,000.00 $15,000.00
S-8 4'Diameter Manhole(6'-8'Depth) EA 4 $5,900.00 $23,600.00
S-9 4'Diameter Manhole(8-10'Depth) EA 3 $7,500.00 $22,500.00
S-10 4'Diameter Manhole(10'-12'Depth) EA 2 $8,500.00 $17,000.00
S-11 Double Sewer Lateral EA 54 $1,000.00 $54,000.00
S-12 Hot-tap Existing 8"HDPE Force Main EA 1 $4,500.00 $4,500.00
S-13 Sewer Cleaning and Air-Testing and Video LF 2,164 $3.00 $6,492.00
S-14 Lift Station w/Emergency Generator LS 1 $300,000.00 $300,000.00
Sanitary Sewer Sub-Total $553,603.00
K.\2020\200061.00.03 Sun Broadcasting PUD,E RP,PPL,SIP&SDP\0009 C,oil Eng,Const Plans and Tech Specs\Calculations\Quant,tes\2022,01,20 Solon.OPC 1/20/2022
Sanitary Sewer 3:48 PM
1 6 A 7
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
STORM DRAINAGE
DESCRIPTION UNIT QUANTITY COST TOTAL
D-1 10"HDPE LF 417 $25.00 $10,425.00
D-2 12"HDPE LF 584 $25.00 $14,600.00
D-3 15"RCP LF 470 $31.00 $14,570.00
D-4 18"RCP LF 571 $38.00 $21,698.00
D-5 24"RCP LF 695 $60.00 $41,700.00
D-6 30"RCP LF 101 $78.00 $7,878.00
D-7 12"x18"ERCP LF 71 $36.00 $2,556.00
D-7 Yard Drain EA 8 $850.00 $6,800.00
D-8 Valley Gutter Inlet EA 10 $3,800.00 $38,000.00
D-9 3'x 3'Junction Box EA 6 $3,000.00 $18,000.00
D-10 24"FES EA 1 $2,000.00 $2,000.00
D-11 30"FES EA 2 $3,500.00 $7,000.00
D-12 FDOT Type'D'Inlet EA 15 $5,700.00 $85,500.00
D-13 Thoat Inlet EA 2 $3,800.00 $7,600.00
D-14 Control Structure EA 1 $5,700.00 $5,700.00
Storm Drainage Sub-Total $284,027.00
ID\2020\200061.00.03 Sun Broadcasting PUD,ERP,PPL,SIP&SDP\0009 Civil Eng Const Plans and Tech Specs\Calculations\quantities\2022.01.20 Soluna OPC 1/20/2022
Storm Drainage 3:48 PM
1 6 A 7
illAii
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Preliminary Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
POTABLE WATER
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
W-1 6"PVC Water Main(C-900,DR 18,PC150) LF 2,420 $20.00 $48,400.00
W-2 6"PVC Water Main(DR 14) LF 552 $23.00 $12,696.00
W-3 6"Gate Valve w/Box EA 11 $1,400.00 $15,400.00
W-4 Fire Hydrant Assembly w/Valve EA 8 $5,200.00 $41,600.00
W-5 Hot-tap Existing 14"Main EA 1 $5,000.00 $5,000.00
W-6 Hot-tap Existing 12"Main EA 1 $5,000.00 $5,000.00
W-7 Single Water Service EA 31 $850.00 $26,350.00
W-8 Double Water Service EA 40 $1,200.00 $48,000.00
W-9 Temporary Gap Configuration EA 2 $3,000.00 $6,000.00
W-10 Water Main Testing LS 1 $3,000.00 $3,000.00
W-11 Open Cut Massey Street LF 30 $200.00 $6,000.00
W-12 Open Cut Tree Farm Road LF 60 $200.00 $12,000.00
W-13 Auto Flushing Device EA 1 $4,600.00 $4,600.00
W-14 Permanent Sample Point EA 1 $1,900.00 $1,900.00
Potable Water Sub-Total $235,946.00
K:\2020\2DDo61.00.03 Sun Broadcasting PUD,ERP,PPL,SIP&SOP\0009 Civil Eng,Const Plans and Tech Specs\Calculations\Quantities\2022-01-20Soluna OPC 1/20/2022
Potable Water 3:48 PM
I6A7
lYfiki ,
ENGINEERING
State of Florida Business Certificate No.EB-0007663
Engineer's Opinion of Probable Costs
Project:Soluna
Date:January 20,2022
Estimated By:David Poteete/Canon Sandora
Checked By:John Williams
PAVING AND GRADING
DESCRIPTION UNIT QUANTITY UNIT TOTAL
COST
P-1 12"Stabilized Subgrade(LBR 40) SY 8,356 $2.60 $21,725.60
P-2 6"Limerock Base(LBR 100) SY 6,707 $7.50 $50,302.50
P-3 3/4"Type 5-III ACSC(1st Lift) SY 6,672 $5.00 $33,360.00
P-4 3/4"Type S-III ACSC(2nd Lift) SY 6,672 $5.50 $36,696.00
P-5 1"Binder Asphalt within Public ROW SY 256 $33.00 $8,448.00
P-5 Sidewalk Removal SY 69 $7.50 $517.50
P-6 Wheel Stops EA 25 $450.00 $11,250.00
P-7 Type'F'Curb LF 343 $15.00 $5,145.00
P-8 Type'A'Curb LF 221 $15.00 $3,315.00
P-9 Valley Gutter LF 4,235 $9.00 $38,115.00
P-10 4"Concrete Sidewalk SF 11,533 $17.00 $196,061.00
P-11 6"Concrete Sidewalk within Public ROW SF 592 $23.00 $13,616.00
P-12 ADA Curb Ramps EA 8 $500.00 $4,000.00
P-13 Signing and Striping LS 1 $8,500.00 $8,500.00
P-14 Street Lights EA 16 $1,700.00 $27,200.00
P-15 Sod(4'strip along curb) SY 1,263 $2.10 $2,652.30
Paving and Grading Sub-Total $460,903.90
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Paving&Grading 3:48 PM