Agenda 06/28/2016 Item #16A 2 6/28/2016 16.A.2.
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 59.887-11,PL20130002458
for work associated with Quarry South Beach.
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 Quarry South Beach, PL20130002458. The As-Built lake cross
sections have been received and the lakes have been inspected by staff.
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$25,000. 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(Performance Bond)
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6/28/2016 16A2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
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 59.887-11, PL20130002458 for work associated with Quarry South Beach.
Meeting Date: 6/28/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
5/16/2016 8:28:22 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/18/2016 2:13:28 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 5/18/2016 2:14:02 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 5/18/2016 3:00:09 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept,Growth Management Department
Date: 5/21/2016 9:59:09 AM
Name: StoneScott
Title:Assistant County Attorney,CAO Land Use/Transportation
Date: 5/31/2016 2:01:02 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/3/2016 8:29:39 AM
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6/28/2016 16.A.2.
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget
Date: 6/15/2016 10:12:47 AM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/16/2016 11:02:40 AM
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6/28/2016 16.A.2.
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6/28/2016 16.A.2.
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PERFORMANCE BO010
FOR EXCAVATION WORK
Bond Number 0185395
KNOW ALL PERSONS BY THESE PRESENTS:that
Pula.Home Corporation
(hereinafter referred to as"Owner")and
Berkley Insurance Company
2000 S.Colorado Blvd,Annex Bldg Suite 410,Denver,Colorado 80222
(303)357-2815
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County,Florida,(hereinafter
referred to as'County")In the total aggregate euro of twertr-five thousand Dollars(S 25.000.00)in
lawful money of the United States.for the payment of*tech sum well and thtly to be made,we bind
ourselves,our heirs,executors,administrators,successors and assigns,piney and severally,firmly by
these presents Owner and Surety are used for angular or plural,as the context requires
THE CONDITION OF THIS OBUGATION is such that whereas,the Owner has submitted for epprova:by
the Board B certain excavation permit no. , • ii- P Af 74 ; • if Ph...,
and that certain excavation permit she include specific improvements which are required by Calker
County Ordinances and Resolutions(hereinafter"Land Development Reputations").This 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 Naeclec Improvements described in the Land Development
Reguleborts(hereinafter the"Guaranty Period")or until replaced by a new bond In the event ode change
of Ownership,
NOW,THEREFORE,if the Owner shalt well,truly and tarthfully perform its obligations and duties In
accordance with the Lend Development Regulations during the guaranty period established Dy the
County,and the Owner shall satisfy ell cretins and demands ncurred and shall fully indemnify end save
harmless the County from and/learnt all costs end damages which 11 may suffer by reason of Owners
failure to tto so,and shall reimburse and repay the County all outlay and expense which the County may
akar in malting 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 ispectec 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 emended
automatically and immediately,without!canal and separate amendments hereto,so an to and the Owner
arid 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 inane any alteration,addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the ponies hereto have caused this PERFORMANCE BOND to be
executed this 15'day of June,2014
WITNESSES: Pulte Home Corporation
G•-mop; Bryce Lenges, Sastecant Treasurer
law
L.Howes
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6/28/2016 16.A.2.
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 16TH DAY OF
June 2014,: BY Bryce Langan AS Assistant Treasurer OF Pulte Hoe Corporation WHO IS I
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PERSONALLY KNOWN TO ME.
mwrafNotary Public-State of GEORGIA MILEt'E ItNt>NIO `� > why'`
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WITNESSES: Berkey Insurance Company
Karen W.0'Brien lease 'Mender,Attorney-in-Fact 1,,.d r# ;,:2
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Printed Name/Tkk g a ';r
{Provide Proper Evidence of Authority} -' it.+
ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 16TH DAY OF
JUNE, 2.111 BY Jam= Hofeender AS Attorney-In-Fact OF RLt Insurance Company WHO IS
PERSONALLY KNOWN TOME
Notary Public-State or Arizona
(SEAL)
� L.%. ir~
Karen W.O'®t1en JIMMY MY NOW.ARIZONA
1,..:,,, 1AelaCOa44 CCUtrtY
Howes,at 2011
141S-026W _
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6/28/2016 16.A.2.
A Na 111-799lo
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON,DELAWARE.
NOTICE;The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully.
KNOW ALL MEN BY THESE PRESENTS,that BERKLEY INSURANCE COMPANY(me`Cowpony"),a corporation ditty
organized and existing under the laws of the Ston of Delaware,laving en principal office in Greenwich,CT,has made.constituted
and appointed,and does by these presorts make constitute and appoint VJrglnie£Nekeoa,Truro Arse Vora,or Jessica
Hallsoukr of Wells At=JiuermsceScruggs USA,las of?heoeelE,AZ its true and Instal Attorney-in-Fact,to sign as name as
surety only as delieeeted below end to execute,seal edarowledge and deliver any and all bonds and urdetekiegt,with the
E. exception of Financial Gurardy Insurance,providing that no angle obligation shall exceed Fifty MiBfie zed 001100 US.Dollen
(USSS0,000,400.00),to the same extent es If such boeds heel been duly executed and eclmowkdged by the regularly elected
._`-officers of the Cempeoy at Its principal atm in their own proper persons.
-
y7 Tbb Power of Attorney shall be construed end enforced in accordance with,and governed by,the laws of the State of Delawre,
without giving effect in the principles of oou=Meta of Ivies thereof This Powe of Attormy is glamedpimoam to the followtbg
r resolutions which were duly andvalidly adopted ata=ming of the Board of Directors of the Company Mid on Jemmy 25,2010:
RESOLVED,the*,with respect to the Surety business written by Berkley Surety Orate,.LLC,the Chairmen of the Board,
S Chief Executive Officer,President or airy Vice President of the Company,Iii conjunction with the Secretary or any Assistant
Secretary ere hereby authorizedto execute powers of attorney einhaiAng end qualifying the anorney-intact named therein
'- to execute bonds,tinderlukings,recognizenoes,or other suretyship obligations on behalf of the Company,and to affix the
eerporete seal of the Company to powers of attorney executed pursuant hereto;and said officers may remove any nth
anomey-in-fact and revoke any power of attorney previously granted;and bother
RESOLVED,this such power of attorney limiu the acts of those named therein to the bonds,undertakings,reeognisanm,
or wiser suretyship obligations specifically tanned therein,and they have no authority to bind the Company except in the
_ c manner and to the extent therein stated;and further
RESOLVED,the:such power of eborney revokes all previous powers issued on behalf of the attorney-its-fes named;real
Anther
et RESOLVED,die the signature of eery authorized officer and the seal of the Company tory be dazed by facsimile to any
ce power'of attorney or ce tlacai n thereof authorizing the cowmen and delivery of any bond,rwdedaking,=splurge,or
' ether suretyship obligation of the Cmnpmy;and such aignatore end seal when so used shall have the same force and effect as
though normally affixed, The Company may cornnue to nee for the purposes herein steed the facsimile signature of airy
`-J ttee person or persons who shall have been such officer or officers of the Company,notwithstanding the fact that they may have
tressed to be such et the time when nth insaumeon shall be issued.
E.IN WITNESS WHEREOF,the Company has=pod these presents to be signed and atteeted by its appropriate officers endtis
cceporste sal hereutao affixed this Li-day of.i/rs.t..t_r_w_v 2012.
Attest Berkley brie-ince Cortgiany
(Sial) By By r,. J I
'e Senior Vice President 8 Secretary for Vice President
4€WARNMOt THIS POWER INVALID IF NOT PRINTED ON BLUE•BERKLEY.SECURITY PAPER.
STATE OF CONNECTICUT)
)e:
COUNTY OF FAIRFIELD )
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Sworn to before mea Notary Public bthe Sine of Cormectieut,ids./4 day of N ot. t,2012,by Its S.Lederman and
te q Jeffrey ht Haar who ere morn to me In be the Senior Vice President and Secrecy,and the Senior Vice rr
.nPnndpet eanattylZ
oYf
Berkley "
EILEENKILLEEN Notary Public,Stab of +
AM Y/TALK,STATE 0f03,9d ICVf
COMMittionawtusJIMatfddcATE �
z'I
I,the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY Cf.RTIFY
tree,correct and complete copy of the original Power of Attorney,that said Power of Attorney las not bonsrbyoke.da�or reit
w2 and'het the authority of the Attorney-in-Fact act forth therein,who executed the bond or undertaking to reTiit Posthr of
Attorney is attached,is in full force end effect as of this data
Given under my hand ed seal of the Company,this Sbth day of
(Scat)
Andrew'411111111F
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