Agenda 07/12/2016 Item #16A 7 7/12/2016 16.A.7.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$73,000 which was posted as a guaranty for Excavation Permit Number 60.103,PL20130001578 for
work associated with the Brandon subdivision.
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 Brandon, PL20130001578. The As-Built lake cross sections have been
received and the lakes have been inspected by the Natural Resources and Engineering 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$73,000. 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
Packet Page-221-
7/12/2016 16.A.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.7.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$73,000 which was posted as a guaranty for Excavation
Permit Number 60.103, PL20130001578 for work associated with the Brandon subdivision.
Meeting Date: 7/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
6/6/2016 12:33:27 PM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal,Development Review
Date: 6/14/2016 10:47:56 AM
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 6/14/2016 1:17:13 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 6/14/2016 2:06:22 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/16/2016 2:43:40 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 6/17/2016 1:26:11 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/20/2016 10:19:54 AM
Packet Page-222-
7/12/2016 16.A.7.
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/21/2016 3:25:37 PM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 6/30/2016 5:08:44 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 7/1/2016 4:55:24 PM
Packet Page -223-
----------- ------------------------ _._N__N____N__N_N_N--__NMIN --_NN, 7/1 2/201 6 16.A.7.
r....
-_=a1M__IIMN.YN__N_w__N______ANN__ __N__NN_N_NAN____!
LEE COUNTY
,077.11,7.7,)*5si-_,Ir-(`\.\, ,-----to cj,) rI►11 -=moi ,I L titti_i_41,:(3F:. 1, \ i����i
. 1 its I - y
,FP-"T. -( - .S \ '', �� .. ].I► , . --151 SS � �r�� \ \\ p to
¶!!r7 ;\ \I ,6,-,11_,- - I r- _ sl - far f [ '-��� �� �� ':.�
` ">' c: ;,Zscg 3\- S ?1 Ni t-'��'�\�'t ,rI�u �1‹��, - -� 4 .r ,z-+__\ 1 F
ithalNrt�� L> y In
., (C.--------4 11'1 ' '.)--s\ , '''C'<' -)49 ; I ' Ito
r ::g
.isi i4
-
---NHL'
,- ( iiA , ,* 1) —4 - 14(44I — ---VBL; LzE11>a .
,�N_N__N_._N___N_.__N______..._ y-NliYM2L. _ r -i :. TEz ;z-zZz�,, '- e 1 . 1J1- Ja - t F _LI
11 / --_7:2:==-- i
tat NI NV *-.7-' 41.,(..-. - , ,_a-) -\ (1....!7„---- z ..,. , -,„_,_
vitm
lk.di
4-31
4 8 i- r I�1f ___ ___ �b I�i���V.�L�ri�� 7! �� L 1 .. 1 1
w_. _ \�1 L_\ 11
-�� ll111W ���Z , 1
1 4- A rci TIl EALIZNIV_G LN °��;` '..:,, F ImunmII�- C_�� y��`- 1 1i
1 � ��� �Ar-zr _ Z --E; - =7c -- t-I\,`_ J 1 Prri- /P^ 11 -- f'I�I�f _E� 1E2z, 4P IC S \ q c� 11-69q_ 611 - 1!.r.
1/V43r BP. 2I E IE =EEIEE�� itTv.: fr
1 ( �a 7, _ !a>��s�c41
�� _�
■ ■i 1 i t 1 f i 1/�c�- ��II1�LJ�llJ
Ii �H3 � >- � 1--
:-:-PF:,� ������� ��--
.'2-.E E-- Ifl3 lib_ -- -__1n5 A v...01 ,-- me,- Qpill . ,
.-1C �� �� ..141 mil
Yrf DICED CIE:f=
��+ a.%) 14.4,1.0 r3r 'S_
�4 t. j (y\C �� �951c_ is r. C� � rQ �E$ �\E1=��t --� r� ` '_.C)� �I �'
afSg _ 1 �7 ._-Zr _ 77 l yam- -/
r=1�; -- tr 1 SDI DIQI 9a 1 u F ILL.4' EE iHtla '%c�- - 1ll% - 4W 1:7 S ) Ai,'
■ . '--'\ -IZ°tlI -%�'.‹216 - P I9.��r p`IllI liEIHEik t�- 1 ` e ,_r -,,, )_
1 _E > V5E7 .DiE fa t .. EEIEE�.r.EEE f - - ` 7 ' gF_ L
, . 1 12Lan- O.r --- : F $]I -1 .`'^� -II
�.,.':� _ �,, � -����E��EEEIia...��EI�I EB��Ei�a --- ��� �`%r
Q .uir�i r. . an`-- �� > r\ ��
P ' j\` ai
=- an:EYEI ` .C. CCC ap DinicgTP 4�i. is - Cir .ii,I
I
.�u_.N 1n
\i'!C I NN -1-Y RA A F)
NCIT TO SCALE
ny 18, 2015 2.19 PM K:\201J\130003.00.02 Brandon f'P (Pona:M_0P OOA.5;t05 Insu1_an-.,1!b:ao_nLo!Qepinttl/1�\Re--Plot nitiat Plat AERP liratior.0.??-. -2015\vicinity Map.dw9
FILE NAME DRAWN SECTION TWP� 6610riillowParkDi.1,4 te200VOI .�
.r*On DRAWN _ 1,3 _ 4$__ nlaPler.,W7ie�;wto<,i
JOB NUMBER DATE SCALE SHEET R(> BRANDON PHO Phone(2d9)597.0575
y}t, - FAX:(239)59'•0578 JEW&
130003.00.02 02/18/15 1',- 1 OF 1 25 IFIWo.',f95.?
...aAA .aN_.NN_NN___ ENGINEERING
Packet Page -224-
• 7/12/2016 16.A.7.
•
PERFORMANCE BOND Bond No. 1100356
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
D.R. Horton, Inc.
10541 Ben C. Pratt/Six Mile Cypress Pkwy.
Fort Myers, FL 33966
(hereinafter referred to as "Owner') and
Lexon Insurance Company
12890 Lebanon Road
Mt.Juliet,TN 37076-1425
615-553-9500
(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 Seventy Three Thousand and 00/100 Dollars
($73,000.00) 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 excavation permit no. PPL-PL20130001578, Barrington Cove (fka Brandon PUD) and
that certain excavation permit 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 completion of the
work and approval by the County of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change
of Ownership.
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 21st day of May, 2014.
Packet Page -225-
. 7/12/2016 16.A.7.
WITNESSES: D.R. H• on, Inc.
\ a� k By:
r �`�
Pn rated Na � ,o1/
z frti\Dc\a-W\
nted Name Title
(Provide Proper Evidence of Authority)
Printed Name '‘,\\..\c --\ C.-1`` *
/ ACKNOWLEDGEMENT
STATE OF 10(1dCt.
COUNTY OF Lam-(
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THI$2 DAY OF
, 20 1Lk , BY ,3COG-krefl tfticlL't AS \J. tP• OF D.R. Horton, Inc.
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of vtA
ff ,/ BARBARA MASH (SEAL)
/c ��r - I/6-h-5 fi Notary Public,State of Florida
Printed Name My Comm.Expires March 17,2015
Commission No.EE 75312
y+v
WITNESSES: Lexon Insurance Company
•
1 7LKG � r.
Printed Name: Bonnie Kruse
✓--�.. ' Printed Name/Title
Dawn L. Morgan,Attorney-in-Fact
Printed Name:Tiffany Cunniff Florida license no. P011322
ACKNOWLEDGMENT
STATE OF Illinois
COUNTY OF DuPage
THE FOREGOING PERFORMANCE BOND WAS ACKNOWL:DGED BEFORE ME THIS 21st DAY OF
May, 2014, BY Dawn L. Morgan AS Attorney-in-Fact 0 Lexon Insurance C. •an WHO IS
PERSONALLY KNOWN TO ME. 9
Notary Public-State of Illinois f•U 4 •.
T
w
- (SEAL)
Printed Name: Tariese M. Pisciotto OFFICIAL SEAL
T.ARIESE M PISCIOTTO
14-EIS-02650/7 NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6/26/2014
Packet Page-226-
I - 7/12/2016 16.A.7.
IP/ POWER OF ATTORNEY LX- 212732
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:
James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Peggy Faust,
Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto
its true and lawful Attomey(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 $8,000,000.00 Eight Million*********************************************************
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.
LEXON INSURANCE COMPANY
o
• � BY
SEAL
r *; David E.Campbell
President
\-.1%�
* '* ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known,who be 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.
AMY L.TAYLOR 461-166i'
'• S. Notary Public-State of Tennessee BY
= E. Davidson County Amy aylor
My Commission Expires 01-09-16 Notary Public
CERTIFICATE
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 forgoing 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 Seal at Mount Juliet,Tennessee this 21st Day of May ,20 141.
c a ?x a BY (";;Le
4 'E AL _ 4 Andrew Smith
Assistant Secretary
V
"WARNING:Any person who knowingly and:with intent to defraud any insurance company or other person,files and application for insurance of claim
containing any materially false•irifermat,on;or conceals for the purpose of misleading, information concerning any fact material thereto, commits a
fraudulent insurance act,which is&anme.and subjects such person to criminal and civil penalties."
Packet Page-227-