Agenda 03/08/2016 Item #16A 8 3/8/2016 16.A.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$87,000 which was posted as a guaranty for Excavation Permit Number 60.104 (PL20090000028)
for work associated with The Arlington of Naples.
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 The
Arlington of Naples (PL20090000028). The As-Built lake cross sections have been received and
the lakes have been inspected by the Development Review Division.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in
the amount of $87,000. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments:
1) Location Map
2) Copy of Payment
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3/8/2016 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$87,000 which was posted as a guaranty for Excavation
Permit Number 60.104 (PL20090000028) for work associated with The Arlington of Naples.
Meeting Date: 3/8/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
1/28/2016 9:37:10 AM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 1/28/2016 11:01:15 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 1/29/2016 4:02:12 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 1/29/2016 4:02:56 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 2/9/2016 4:18:13 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 2/9/2016 4:59:09 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/16/2016 8:27:50 AM
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3/8/2016 16.A.8.
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 1:54:22 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/23/2016 4:30:51 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 3:40:42 PM
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3/8/2016 16.A.8.
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• • 3/8/2016 16.A.8.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Arlington of Naples
12276 Tamiami Trail East, Suite 501
Naples, FL 34113
(hereinafter referred to as "Owner") and
Lexon Insurance Company
12890 Lebanon Road, Mt. Juliet, TN 37122
(888) 488-2663
(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 Eighty Seven Thousand
Dollars ($87,000) 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 will complete the
requirements of excavation permit no. 60.095 for the project"The.Arlington of Naples pursuant
to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land
Development Regulations"). This obligation of Surety shall commence on the date this bond is
executed and shall continue until released in writing by the Development Services Director
pursuant to the Land Development Regulation, ("The Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and shall
fully indemnify and save harmless the County from and against all costs and damages which it
may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all
outlay and expense which the County may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration, addition or deletion to the proposed
specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to the full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
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• • 3/8/2016 16.A.8.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this 14th day of October , 2013 .
(Owner's witness and signature block)
WITNESSES: Arlingt-OhOiNaples
By:
a y-1 7 7 e/-(c A. /J / e7 s- . -Roc-,c,,,-- R Q
Printed Name Prin' ed Name to include Title
N'tera tfl'VrA(1:42.- C-.' e h-a ,,h
Printed Name
(Surety's ritness and signature block)
WITNESSES: LexotyIns■rnc)Company
By/
Ted Sherman . k
6rai• - -n An-Attome -in-Fact
Printed Name Printed N. 'e to include Title
(Ii
_4
(1
Judy B16.14e ._,.,,
Printed Name
(Separate notary and acknowledgment for Owner and Surety required)
STATE OF 71/ /A/oLs
COUNTY OF e(20X,
The foregoing PERFORMANCE BOND was acknowledged before me this ,2/5/- day of
0 eibbef , 2013, by/ Y-,,, , --eA .. t --,,i _2 as ( c
..,.
of
1 Lu.ilxtr A,,LILL 11\t1 t 4-' 1"1-.t', ?Art Itt k70; 11%., iktt CYI,Q'IT 4 who is personally known to me, or
has produced ck- *-3c--P'-` as identification.
NOTARY PUBLe=STATE OF zVJ 1,1/5 (=AL SEAL
E WALSER
PRINTED NAME -Plfi-ie/ ,- ./_--. . 1_4 / y s Notary Public-State at-Illinois
My Commission Expires Nov 19,2016
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• • 3/8/2016 16.A.8.
STATE OF ILLINOIS
COUNTY OF COOK
The foregoing PERFORMANCE BOND was acknowledged before me this 14"' day of October
, 2013, by ' Craig Sherman ) as ( Attorney-in-Fact ) of( Lexon Insurance ('oi _cnu l
who is personally known to me, or has produced Driver's License as identification.
., ,-/I /4_./..1,141'6(1 ('
I TARY PUBLIC—STATE OF Illinois
Karen N. Genoff ,, . t (SEAL)
PRINTED NAME ,-'- .76"""'"
`� -T+ C vii-AS bK , N N•rla C i,L r .
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•
• POWER OF ATTORNE
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3/8/2016 16.A.8.
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Ted Sherman, Craig Sherman, Judy Blaige, Karen Genoff *******
*********************************************************************************************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
JFLANCF LEXON INSURANCE COMPANY
A
rX:. TEXAS •�%-t3 �K-i��'� �
X; INSURANCE :D
\j COMPANY ,•:zlf BY
David E.Campbell
..-I President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K.AYE _.
Notary Public,State of Illinois 's
My Commission Expires 09/21/13
Maureen K.Aye L
CERTIFICATE Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this 1 4th Day of October , 20 13
' �R ANCF`
A \ / `
i�0 TEXAS • f
i X: INSURANCE •Z f
WI COMPANY . 7 _
Philip G.Lauer
•'...........
Assistant Secretary
"WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or
statement of claim containing any materially false information or rnnrealc for the ohirpose of misleading,information concerning any fact materi-
al thereto,commits a fraudulent insurance act,which is a Grin Packet Page-318-arson to criminal and civil penalties."
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• • 3/8/2016 16.A.8.
Stantec Consulting Services,Inc.
3200 Bailey Lane,Suite 200
Naples FL 34105
Tel:(239)649-4040
Stantec Fax: (239)643-5716
July 24, 2013
Project No:215600574
Mr. Craig Callis
Collier County Growth Management Division
2800 N. Horseshoe Drive
Naples, FL 34104
Subject: The Arlington of Naples(PL20090000028)
Lake Excavation Permit Application No.60.095
Calculations for Performance Bond Amount
Dear Craig:
Based on the requirements of the latest Collier County Lake Excavation Ordinance No. 06-04, the
calculation for determining the excavation bond amount is $100 for rock and $20 for sand per lineal foot
of the total lake bank perimeter, and since the majority of the excavation for The Arlington of Naples will
be classified as sand,the bond amount has been calculated as follows:
Bond Amount Calculation:
4,350 LF x$20/LF= $87,000
If you should have any questions or need additional information, please contact me.
Sincerely,
c Consulting Spr .kces, Inc. .01•11ifit7;41
R mond J. Piacente, Ill, PMP, LEED AP NO 38871 'y.
Senior Project Manager, Urban Land Engineering *,
Associate - * '
-‘1". STATE OF
Enc. i�� • FC0RIDP
•C: David S.Wilkison,Stantec,w/o enclosures rr�r st�
litil
` (/ /../1' 7/ /
David S.Wilkison
FL Registration#38871
Stantec Authorization No.27013
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