Agenda 03/22/2016 Item #16A 7 3/22/2016 16.A.7.
EXECUTIVE SUMMARY
Recommendation to approve final acceptance and unconditional conveyance of the water and sewer
utility facilities for Isles of Collier Preserve, Preview Center, PL20130001848 (water) and
PL20130002516 (sewer), and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$11,227.09
to the Project Engineer or the Developer's designated agent.
OBJECTIVE: To have the Board of County Commissioners, as Ex-Officio Governing Board of
the Collier County Water-Sewer District, approve final acceptance and unconditional
conveyance of these water and sewer facilities and to release the Utilities Performance Security
(UPS) and Final Obligation Bond in the total amount of $11,227.09, in accordance with the
Collier County Utility Standards and Procedures, Ordinance No. 2004-31.
CONSIDERATIONS:
1) The Developer of Isles of Collier Preserve, Preview Center, has constructed the water and
sewer facilities within dedicated easements to serve this development. (See attached
Location Map)
2) Preliminary acceptance of these utility facilities was approved by the Engineering Services
t"\ staff on October 23, 2013 for the water utility facilities, and December 30, 2013 for the
sewer utility facilities. At that time, the value of these utility facilities (assets) was
$12,820.50 for the water facilities, and $5,809.25 for the sewer facilities. (See attached
Asset Sheets)
3) Staff recorded all preliminary utility conveyance acceptance documents in the public records
of Collier County,which were reviewed and approved by the County Attorney's office as to
form and legality. The County acquired its record interest in these water and sewer utilities
by Utility Facilities Warranty Deed and Bill of Sale recorded at Official Records Book
5198, at page 156, and Official Records Book 5198, at page 172 (respectively), Public
Records, Collier County, Florida.
4) The water and sewer utility facilities have been operated and maintained during the required
one(1)year warranty period, following preliminary acceptance.
5) A final inspection to discover defects in materials and workmanship has been conducted by
the Engineering and Right-of-way Inspections staff on November 5, 2015 for the water
utility facilities, and November 13, 2015 for the sewer utility facilities in coordination with
Public Utilities, and these facilities have been found to be satisfactory and acceptable.
6) Staff recommends final acceptance of the subject utility facilities and to release the Utility
Performance Security (UPS) and Final Obligation Bond in the total amount of$11,227.09.
(See attached Exhibit A)
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3/22/2016 16.A.7.
7) This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as
amended.
8) Staff is unaware of any issues that would serve to negate the recommendation to release the
applicable security.
FISCAL IMPACT: Approval of this Executive Summary will have no specific financial
impact. However, approval will result in the Collier County Water-Sewer District receiving
unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total
gross value of$18,629.75 (no depreciation applied).
GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no
growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval—SAS
RECOMMENDATION: To approve final acceptance and unconditional conveyance of the
water and sewer utility facilities for Isles of Collier Preserve, Preview Center, PL20130001848
(water) and PL20130002516 (sewer), and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount
of$11,227.09 to the Project Engineer or the Developer's designated agent.
Prepared by: Melissa Alvarez, Operations Coordinator,Engineering and Natural
Resources Division, Growth Management Department
Attachments:
1) Location Map
2) Asset Sheets (2)
3) Exhibit A
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3/22/2016 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Isles of Collier Preserve, Preview Center,
PL20130001848 (water) and PL20130002516 (sewer), and to authorize the County Manager, or
his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of$11,227.09 to the Project Engineer or the Developer's designated agent.
Meeting Date: 3/22/2016
Prepared By
Name: AlvarezMelissa
Title: Operations Coordinator,Natural Resources
2/10/2016 9:59:52 AM
�.. Submitted by
Title: Operations Coordinator,Natural Resources
Name: AlvarezMelissa
2/10/2016 9:59:53 AM
Approved By
Name: Pam Libby
Title:Manager-Distribution,Water
Date: 2/10/2016 10:19:55 AM
Name: KovenskyKenneth
Title: Division Director-Operations Support, Operations &Regulatory Management
Date: 2/10/2016 11:28:51 AM
Name: Steve Messner
Title: Division Director-Water,Water
Date: 2/10/2016 1:23:36 PM
Name: NagySteve
Title: Manager-Wastewater Collection,Wastewater
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3/22/2016 16.A.7.
Date: 2/11/2016 3:37:57 PM
Name: JohnssenBeth
Title: Division Director-Wastewater,Wastewater
Date: 2/16/2016 1:58:45 PM
Name: LorenzWilliam
Title:Division Director-CDES Engineering Svc,Natural Resources
Date: 2/17/2016 8:51:24 AM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 2/22/2016 4:30:04 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date:2/25/2016 8:22:24 AM
Name: ChmelikTom
Title: Division Director-Public Utilities Eng,Public Utilities Engineering
Date: 2/26/2016 11:03:31 AM
Name: StoneScott
Title: Assistant County Attorney,CAO Land Use/Transportation
Date: 2/26/2016 1:57:55 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 2/29/2016 10:57:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/2/2016 7:48:26 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/7/2016 10:15:04 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 3/13/2016 4:36:11 PM
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-_- _- - -
CERTIFICATION OF CONTRIBUTORY ASSETS
PROJECT NAME: The Isles of Collier Preserve Preview Center Sub-Phase 2
LOCATION: Section 19,Township 50 South, Range 26 East
Collier County. Florida
OWNER: Minto
1O150 Highland Manor Drive, Suite 20O
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: POTABLE WATER
ITEM Quantity Unit Type Unit Price Total
4^DR18 PVC vYatennain 10 LF $4.25 $42.50
8^DR18 PVC VVotannain 351 LF $8.00 S2.808.00
8^DR ,4 PVC vVatonnoin 32 LF $8.50 9304.00
8~Gate Valve wxBox 1 EA $000.00 $800.00
4~Gate Valve*/Box 1 EA $426.00 $420.00
Fire Hydrant Assembly 1 EA $2.300.00 $2.300.00
Single Water Service 1^ 1 EA $540.00 $540.00
Auto Flushing Device 1 EA $4.900.00 $4.808.00
Air Release Valve 1 EA S700.00 %700.00
7 TOTAL COST $12.820.50
I do hereby certify that the qu.n ies of material and services described above are true and an accurate
representation of the syste ^
CERTIFYING:
6/0 LD. Nea. YP
OF: Mitchell&Stark Const. Co., Inc.
6001 Shirley Stree
Naples, Florida 34109
STATE OF FLORIDA >
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 3rd day of October.2013 by
L.D.Neal, o is personally known to me and who did not take an oath.
EEL(NDA BURGBACMEA
NOTARY PUBLIC-STATE CF FLCDA
COMM|SS/ON *EEOo5185
MY COMMISSION EXPIRES JAN,22.2O15
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CERTIFICATION OF CONTRIBUTORY ASSETS (SEWER)
.---.
PROJECT NAME: The Isles of Collier Preserve Preview Center Sanitary Sewer
LOCATION: Part of Section 19, Township 50 South, Range 26 East
Collier County, Florida
NAME AND ADDRESS OF OWNER: Minto
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: SANITARY SEWER(Material Only)
) ITEM I SIZE 'QUANTITY' UNIT I COST I TOTAL I
PVC Sanitary Sewer(SDR 26) 8" 137 LF $ 925 $ 1,267.25
Manhole 4' 1 EA $ 4,293.00 $ 4,293.00
Single Sewer Service 6" 1 EA $ 249.00 $ 249.00
TOTAL COST $ 5,809.25
I do hereby certify that : quantities of material described above are a true and accurate
representation of the y- em being contributed to Collier County Utilities, Inc.
CERTIFYING:
/ /
• ..a&A.A..d/
L.D.Neal,V.P.
-----,
OF: Mitchell&Star*Construction Co.,Inc,
6001 Shirley Street,Naples,FL 34109
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this_12 th day of November ,
2013 by L.D.Neal who is personally known to me
and who did not take an oath.
SEAL
ary Public
rC..:71114DA BURGBAGHER
NOTARY'FL:Eit.10,-STATE CF FLORIDA
COMMISSION EE055185
MY COMMISSION EXPIRES JAN,22,2015
--..
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Exhibit A
Utilities Performance Security (UPS) and Final Obligation Bond
Amount Receipt Number
10% UPS Bond $2,138.60 (Water) Bond No. 80100993
$1,088.49 (Sewer) Bond No. 80101021
Final Obligation Bond $4,000.00 (Water) 2013140531
$4,000.00 (Sewer) 2013150819
Total Amount $11,227.09
The 10% UPS Bond, if applicable, is based on the total amount of the water and/or sewer
utilities being installed for the whole project which includes material and labor. The
contributory assets reflect the cost of materials, not labor and are based on the assets of
which the county will be owning and maintaining.
Final Obligation Bond, if applicable, in accordance with Utility Ordinance 2004-31
Attachments:
1. Verification of Final Cost for Water
2. Verification of Final Cost for Sewer
3. Receipt of Payment for Water
4. Receipt of Payment for Sewer
5. Copy of Bond No. 80100993
6. Copy of Bond No. 80101021
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016 16.A_7.
`_.
VERIFICATION OF FINAL COST
PROJECT NAME: The Isles of Collier Preserve Preview Center
LOCATION: Section 19, Township 50 South, Range 26 East
Collier County, Florida
OWNER: Minto
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
TYPE OF UTILITY SYSTEM: POTABLE WATER
ITEM Quantity Unit Type Unit Price Total
4^DR18 PVC YVotermoin 10 LF $14.03 $148.30
8" DR 18 PVC Waterrnain 351 LF $17.95 $6'300.45
8^ DR14 PVC Vvotonnoin 32 LF $19.54 $625.28
8^Gate Valve w/Box 1 EA $1.220.00 $1.220.00
4^Gate Valve w/Box 1 EA $830.00 $830.80
Fire Hydrant Assembly 1 EA $3.540.00 $3.540.00
Single Water Service 1" 1 EA $090.00 $890.00
Auto Flushing Device 1 EA $8.990,00 $6^598.00
Air Release Valve 1 EA $1.250.00 $1.250.00
TOTAL COST $21.885.03
I do hereby certify that h (ties of material and services described above are true and an accurate
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CERTIFYING: '
�
(2'
L]} Nwo. N/
-
OF Mitchell & Stark Const. Co, Inc
6001 Shirley Street
Naples, Florida 34109
STATE OF FLORIDA )
) SS:
COUNTY OF COLLIER )
The foregoing instrument was signed and acknowledged before me this 3rd day of October,2013 by
LD Neal,who LS personally known to me and who did not take an oath
.-
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VERIFICATION OF FINAL COST (SEWER)
PROJECT NAME The Isles of Collier Preserve Preview Center Sanitary Sewer Only
LOCATION: Part of Section 19,Township 50 South. Range 26 East
Collier County, Florida
NAME AND ADDRESS OF OWNER: Minto
10150 Highland Manor Drive, Suite 200
Tampa,FL 33610
TYPE OF UTILITY SYSTEM: SANITARY SEWER(Material and Services)
ITEM I SIZE 'QUANTITY' UNIT I COST I TOTAL
PVC Sanitary Sewer(SDR 26) 8" 137 LF $ 27.70 $ 3,794.90
Manhole 4' 1 EA $ 6,410.00 $ 6,410.00
Single Sewer Service 6" 1 EA $ 680.00 $ 680.00
TOTAL COST $ 10,884.90
I do hereby certify that thepuantities of material and services described above are a true and accurate
representation of the as4nistalled cost of the system .
//
CERTIFYING:
.;1
L.D.Neal,V.P.
.0"'■
OF: Mitchell&Stark Construction Co,Inc.
6001 Shirley Street,Naples<FL 3,4109
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was signed and acknowledged before me this th_day of November
2013 by L.D.Neal who is personally known to me
and who did not take an oath.
SEAL
4Pg Public
CF FLORZA
f'!)"C:AMIISSON E;',PRES JAN,22,2015
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Growth Management Division
C o1eT CAntnty 2800 Horseshoe Drive N.
Naples, FL
34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2013140531
Transaction Number: 2013-043414
Date Paid: 10/08/2013
Amount Due: $4,000.00
Payment Details: Payment Method Amount Paid Check Number
Check $4,000.00 151875
Amount Paid: $4,000.00
Change / Overage: $0.00
Contact: Barraco and Associates, Inc.
2271 McGregor Blvd
Ft. Myers, FL 339022800
FEE DETAILS:
Fee Description Reference Number Original Amount GL.Account
Fee
Paid
Refundable Bonds PL20130001848 $4,000.00 $4,000.00 670-000000-220113
Cashier Name: LeaDerence
Batch Number: 3387
Entered By: hughes
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-------- ,
-.., ,---
, Growth Management Division
Co ther County
M 2800 Horseshoe Drive N. -----.
Naples, FL
34104
239-252-2400
I
L
RECEIPT OF PAYMENT
Receipt Number: 2013150819
Transaction Number: 2013-053702
Date Paid: 12/16/2013
Amount Due: $4,000.00
Payment Details: Payment Method Amount Paid Check Number
Check $4,000,00 1019139284
Amount Paid: $4,000.00
Change / Overage: $0.00
Contact: Minto Communities, LLC
4400 West Sample Road Suite 200
Coconut Creek, FL 33073
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account „........,
Fee Paid
Refundable Bonds PL20130002516 $4,000.00 $4,000,00 670-000000-220113
Cashier Name: melissaaivarez
Batch Number: 3491
Entered By: hughes_j
„......„
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Bond No. 80100993*
^~-~
Form 2 'Rev. 2004(Utilities Performance Bond)
*MB bond on|ac=,bond#X0}0099J executed oo
09/04/13 in the amount of$2,340.60.
UTILITIES PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities,LLC
4400 W.Sample Road,Suite 200
Coconut Creek,FL 33073
(hereinafter referred to as"Owner",and
The Guarantee Company of North America(USA)
One Towne Square,Suite 1470
Southfield,MI 48076
(hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida,` ` .
(hereinafter called "County'), in the total aggregate penal sum of Two Thousand One Hundred
Thirty Eight and 60/100 Cents. in lawful money of the United Smtns, for the
payment of which sum well and truly to be made, we bind ourselves, our buirs, executors,
administrators, successors, and assigns,jointly and severally, firmly by these presents. Owner
arid Surety are used for singular or plural, as the context requires.
WHEREAS the County has a material interest in the performance of said Contract;and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land
Development Regulations") concerning the Owner's obligations to the County regarding the
000xuuodou, conveyance and warranty of potable water, non-potable irrigation water and/or
wastewater system(s) or portion(s) thereof constructed within the unincorporated area of
Collier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties to the County under said Land Development Regulations and all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the [}wuoc, with or without notice to the
Surety and during the guaranty period established by the County, and thereafter, and if the
Owner shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the County from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the County all outlay and expense
which the County may incur in making good any defuult, then this obligation shall be void,
otherwise to remain in full force and effec .
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to work
to be performed thereunder, or the specifications accompanying same shall in any way affect
41
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3/22/2016 16.A.7.
....., „.....,
its obligation on this Bond, and does hereby waive notice of any such change, extension of
...--..
time,alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than twenty percent (20%),
so as to bind the Owner and the Surety to the full and faithful performance of the contract as so
amended. The term "Amendment", wherever used in this bond, and whether referring to this
bond, the Contract or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF,the parties hereto have caused this Instrument to be executed this
30d'day of September, 2013.
WITNESSES: Minto Communities,LLC
ail I
BYIWIlt -.A ... I 14.4A. ' A, le rrcoi
_
Printed--1\-1;14e1140.4Anistd.CmY"'"' Printed Name/Title
(Provide Proper Evidence of Authority)
P.....A.'s-A-QR.+, A.."...
Printed Name
'1
NOTE: Collier County shall not accept any Letters of Credit that cannot be
presented in Florida.
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE gf,„), , 14.t
THE FOREGOING PERFORMANCE BOND WAS ACKNpWLDGED BEFORE,ME ITHIS DAY
OF,Sift ,/ 3 0 /20 /3 , BY L: I I i'(x.ves Co S-1-t.( i 0
(NAME OF ACKNOWLEDGER)
AS V ‘ c-e_ 1)( t_s.1 ti•Lect (TII'LE) OF MINTO COMMUNITIES,
LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION. —
Notary Public- State of f2-0.Apti
f
(SEAL)
% tett;k. LAURA lAFAUCI
\..7 4.- fl i_17, 1.4. MY COMMISSION t EE 157114
, ‘,.1,,,,:or:, BonEtZtEuS:February 113,2015ers
n ed Name Zs,.,)re,_
42
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•
•
WITNESSES: The Guarantee Company of North
America USA
fri'4 By: (7/41Ak.h—a A.
Matthew Tahb.die Claudette Alexander Hunt,
Attorney-in-Fact
(Provide Proper Evidence of Authority)
Michael Marino
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 306 / September
/ 2013 , BY CLAUDETTE ALEXANDER HUNT (NAME OF ACKNOWLEDGER)
AS ATTORNEY-IN-FACT (TITLE) OF THE GUARANTEE COMPANY OF
NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL
LICENSE AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
Notary NW State O f Florida
• . 4 r: 1;&t;
/ , my Comeau*?FF o4254§8
7 Os rkor Ewes 01005/2017
a , c,„
Camille M. Crtd
43
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IIII v
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
pnwFR nF ATTORNEY
A V I V Lia V
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA.a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Claudette Alexander Hunt,Caroline Kristin Laniarre,Joseph Michael Pietrangelo
.4on Risk Services,Inc.of Florida
Its true and Lawful attomey(s)-in-fact to execute. seal and deliver for and on its behatt as surety, any and at bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to at intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly authorized to do business under the laws of Florida,having heretofore executed
a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of
Transportation making full payment of the final estimate,including the retained percentage,to the Contractor.
It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or
its assignee,shall not relieve this surety company of any of its obligations under its bond.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President or any Vice President acting with any Secretary or Assistant Secretary,shall have power and authority-.
1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-fn-tact and revoke the authority given.except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31"day of December 2003,of which the following is a true excerpt:
RESOL.VED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory In the nature thereof,and
such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by Its authorized officer,this 15th day of November,2011.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselmen.Secretary
County of Oakland
On this 15th day of November,2011 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company,that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
0 Notary Public,Stale of Michigan Company of North America USA offices the day and year above written.
eet County of Oakland � .�.,/
My Commission Expires February 27,2012 a.
Acting in Oakland County
I,Randall Musselrnan,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company This 'day of _Sfetere I,- ,2ele
Randall Musselman,Secretary (."\
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Form 2 - Rev. 2004(Utilities Performance Bond)
Bond No. 80101021
UTILITIES PERFORMANCE BOND
ICNO\9 ALL PERSONS 8YTHESE PRESENTS: that
Minto Communities,LLC
4400 W. Sample Road,Suite 200
Coconut Creek,FL 33073
(hereinafter rcfcrrcd to as 'Owner', and
The Guarantee Company of North America(USA)
One Towne Square,Suite 1470
Southfield, MI 48076
(hereinafter referred to as "Sn/cty"), arc held and firmly bound unto Collier County, Florida,
(hereinafter "County"), in total aggregate penal sum of One Thousand Eighty-Eight
dollars and 49/l80cents. in lawful money of the United States for the payment of
which sum well and truly to be made, we bind omse|vou, our heirs, executors, administrators,
xuoocsnoo, 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 constructed
plans for The Isles of Collier Preserve Preview Center Phase 2, PL20130001181. This
obligation of 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 for The Isles of Collier
Preserve Preview Center Phase 2, PL20130801181 and Collier County Ordinance 04'41. as
amended(hereinafter the"Guaranty Period").
WHEREAS the County has a material interest in the performance of said Contract; and
WHEREAS the County has adopted Ordinances and Resolutions (hereinafter"Land Development
Regulations") concerning the Owner's obligations to the County regarding the construction,
conveyance and warranty of potable water, non-potable irrigation water and/or wastewater
system(s)or portion(s)thereof constructed within the unincorporated area of Collier County;
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and
duties to the County under said Land Development Regulations and all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the Owner, with or without notice to the
Surety and during the guaranty period established by the County, and thereafter, and if the
Owner shall satisfy all claims and demands incurred under such contract, and shall fully
indemnify and save harmless the County from all costs and damages which it may suffer by
reason of 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 or addition to the terms of the contract or to work
to be performed thereunder, or the specifications accompanying same shall in any way affect /~~�
41
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its obligation on this Bond, and does hereby waive notice of any such change, extension of
time,alteration or addition to the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the contract price more than twenty percent (20%),
so as to bind the Owner and the Surety to the full and faithful performance of the contract as so
amended. The term "Amendment", wherever used in this bond, and whether referring to this
bond, the Contract or other documents shall include any alteration, addition or modification of
any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
11.th day of December,2013.
WITNESSES: Minto Communities, LLC
*L14
, at61
ASSMki_____ _0 By:1 AA..
Printed Name
Printed Nme/Title II 0 ryl( 051c,t to ,Vie Pp4aJ
(Provide Proper Evidence of Authority)
,Skac..4)(1+cal S p.s
Printed Name-1
NOTE: Collier County shall not accept any Letters of Credit that cannot be
presented in Florida.
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF D41.A,MI-14A-BE i_42 )1/4):14 .44N
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED FORE ME THIS DAY
OF .D.cf_t_mixi,/ I 2_ /20 1 , BY i'ouv –re jI CI
(NAME OF ACKNOWLEDGER)
AS \/ , +11 (TITLE) OF MINTO COMMUNITIES,
LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION. —
Notary Public- State of
(SEA J ) • LAURA IAFAUCI
:A.: YrepMrSION t EE 157114
,a4e4144.,,c r}:%it,V1 l'EtA0F:Pittaac 1U3'""ers
Printed Name ./
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WITNESSES: The Guarantee Company of North
America USA
By.
Camille Cruz Claudette Alexander Hunt-,
Attorney-in-Fact
(Provide Proper Evidence of Authority)
,f ill Griffin
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 11th! December
/2013 , BY CLAUDETTE ALEXANDER HUNT (NAME OF ACKNOWLEDGER)
AS ATTORNEY-IN-FACT (TITLE) OF THE GUARANTEE COMPANY OF
NORTH AMERICA USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED FL
LICENSE AS IDENTIFICATION.
Notary Public- State of Florida
_0000.04._ Notary Public State of Ronda
(SEAL) ,74 Camille M Cruz
, iaZtc,"8111;r0F1F7°4""
(--
Camille M. C z
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THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
`- POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having Its principal office in Southfield,Michigan,does hereby constitute and appoint
Claudette Alexander Hunt,Caroline Kristin Lamar-re,Joseph Michael Pietrangelo
Ann Risk Services,Inc.of Florida
its true and lawful attorrrey(s)-in-fact to execute,seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by Its regularly elected officers at the
principal office.
We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly authorized to do business under the laws of Florida,having heretofore executed
a performance and payment bond for the Contractor covering the contract described above, hereby consent to the State of Florida Department of
Transportation making full payment of the final estimate,including the retained percentage,to the Contractor.
It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or
its assignee,shall not relieve this surety company of any of its obligations under its bond.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December,2003.
The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attomey(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-In-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation,
�'� Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 31"day of December 2003,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seat of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and
such signature and seal when so used shall have the same force and effect as though manually affixed.
G IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
, 'rE its corporate seat to be affixed by its authorized officer,this 15th day of November,2011.
s THE GUARANTEE COMPANY OF NORTH AMERICA USA
doe:44,0eitzeix.4.40....„.......
STATE OF MICHIGAN Stephen C.Ruschak,Vice President Randall Musselrnan,Secretary
County of Oakland
On this 15th day of November,2011 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
' , Notary Public,State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
*.---.7". "i My Commission Expires February 27,2012 / -7
�; ~' Acting in Oakland County 6 "A /Gt
I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is shill in full force-and effect.
,.�+* _ IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this'r''flay of a i ,',c , ''' }
'4,,,..4•10"d gr
Randall Musselman,Secretary -
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