Agenda 09/27/2016 Item #16A 4 16.A.4
09/27/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$7,997, to Toll Brothers, Inc., which was posted as a guaranty for Site Development Plan (SDP)
Number AR-8928 for work associated with Firano at Naples Clubhouse.
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 10.02.03 D.5.b of the Collier
County Land Development Code. 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 final paving associated with the Clubhouse site. The final paving has been completed by
the developer and has 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 No.
6596294, in the amount of$7,997 to Toll Brothers, Inc. 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
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Bond (PDF)
I Packet Pg.430
1 6.A.4
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of$7,997,to Toll Brothers, Inc., which was posted as a guaranty for Site Development Plan
(SDP)Number AR-8928 for work associated with Firano at Naples Clubhouse.
Meeting Date: 09/27/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
08/17/2016 8:18 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
08/17/2016 8:18 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/17/2016 10:15 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/23/2016 10:20 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/23/2016 4:36 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/06/2016 1:03 PM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 09/07/2016 1:05 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/07/2016 1:19 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/07/2016 4:12 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 09/13/2016 2:53 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 8:02 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pg.431
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16.A.4.b
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COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND BOND#6596294
KNOW ALL PERSONS BY THESE PRESENTS: that TOLL FL VI LIMITED PARTNERSHIP,A Limited
Partnership owned by wholly-owned subsidiaries of Toll Brothers Inc.,250 Gibraltar Road, Horsham, PA 19044
(hereinafter referred to as"Owner")and SAFECO INSURANCE COMPANY OF AMERICA, 1767 Sentry'Parkway
West, Blue Bell, PA 19422,(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 SEVEN THOUSAND NINE HUNDRED NINETY
SEVEN AND 001100 Dollars(S7,997.00)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 subdivision plat named Firano at Naples and that certain subdivision shall include specific improvements which Z.
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are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This m
obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final o
acceptance by the Board of County Commissioners of the specific improvements described in the Land Development _a
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Regulations(hereinafter the"Guaranty Period") 5
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NOW, THEREFORE, if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with ca
the Land Development Regulations during the guaranty period established by the County,and the Owner shall satisfy all it
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claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and c
damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay o
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and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to a.
remain in full force and effect. 0
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PROVIDED, FURTHER, that the said Surety, for value received hereby,stipulates and agrees that no change,extension c..1
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 -a
proposed specific improvements. c
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PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and a)
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immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and ca
faithful performance in accordance with the Land Development Regulations. The term "Amendment,"wherever used in E
this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification '6
of any character whatsoever, t
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IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this I ST day of c
JUNE,2009. E
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WITNESS: TOLL FL VI LIMITED PARTNERSHIP
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BY:TOLL FL,GP CORP.
WITNESS: SAFECO INSURANCE COMPANY OF AMERICA
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Lois E. Eshlem.n- Witness qamel P. Dunigan—Attorn: - -F
(notary and acknowledgment for both Owner and Surety required)
Packet Pg.433
16.A.4.b
ACKNOWLEDGEMENT OF PRINCIPAL(S)
STATE OF
COUNTY OF
I, Notary Public in and for the State and County
Aforesaid, do hereby certify that
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Whose name is signed to the foregoing bond, this day did personally appear
before me in my State and County aforesaid and acknowledged the same.
Given under my hand this day of
My commission expires:
Notary Public 0
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ACKNOWLEDGEMENT OF CORPORATE SURETY(s)
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STATE OF PENNSYLVANIA
COUNTY OF CHESTER
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I, ARLENE OSTROFF Notary Public in and for the State and
County aforesaid, do hereby certify that DANIEL P. DUNICAN 0i
Attorney-In-Fact for the SAFECO INSURANCE COMPANY OF AMERICA
Whose name is signed to the foregoing bond, this day personally appeared w
before me in my State and County aforesaid and acknowledged the same. a
Given under my hand this 1ST day of JUNE 2009 .
My commission expires: 12/03/2012 (2L'Ag?,
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u M M AN WEALTH OF P£t$YLYANiA
NOTARIAL SEAL
ARLENE OSTROFF,NQ Pic
My Can Wilistow n1vhes
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1 Packet Pq.434
16.A.4.b
- Safeco Insurance Company of America
Ge" c `f Liberty POWER 1001
neral
Ague nce Company or America
• r''r % MUtu il. OF ATTORNEY Suite
17WA98154
No. 9542
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation,does each hereby appoint
"***"***WILLIAM F.SIMKISS;DANIEL P.DUNIGAN;RICHARD J.DECKER;BRIAN C.BLOCK;JOSEPH W.KOLOK,JR.;
JAMES L.HAHN;Paoli,Pennsylvania"******"*'"****"****"*"**********"***"***"",***"***.*******"*** "".**+F**,.
its true and lawful attomey(sHn-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF au
AMERICA have each executed and attested these presents =
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21st March . 2009 .a
this day of
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Dexter R.Legg,Secretary Timothy A.Mikotajewskl,Vice President 0
CERTIFICATE O
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA CO
and of GENERAL INSURANCE COMPANY OF AMERICA: n.
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'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice CO
President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and cv
other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing co
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seat, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; 'C
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." e
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Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA 03
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. au
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'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, ctt
(i) The provisions of Article V,Section 13 of the By-Laws,and E
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and O
(iii) Certifying that said power-of-attorney appointment is in full force and effect, m
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." n.
I,Dexter R.Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY c
OF AMERICA,do hereby certify that the foregoing extracts of the By-laws and of a Resolution of the Board of Dttectrxs of these O
corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the -
Power of Attorney areforce still in full and effect. c.)
IN WITNESS WHEREOF.I have hereunto set my hand and affixed the facsimile seal of said corporation Q
this 1ST day of JUNE ' 2009
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fECO%
SEAL 1 i SE I X* .
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\s",.....4954:001. ` 1.241 —
'We/04 Dexter R.Legg,Secretary
5-0974/DS 3109 WEB PDF
I Packet Pg.435
16.A.4.b
VA?' Liberty SAFECO INSURANCE COMPANY OF AMERICA
#''te MI.1
tuaL FINANCIAL STATEMENT—DECEMBER 31,2003
Assets
Liabilities
Cash and Bank Deposits...................................... S 267,363,750 Unearned Premiums. S 666,660,985
*Bonds—U.S Government 13,359,352 Reserve for Claims and Claims Expense 1,577,767,462
Funds Held Under Reinsurance Treaties. 430,979
*Other Bonds
2'353'9°6,395 Reserve for Dividends to Policyholders 2,164,985
*Stocks 281,831,749 Additional Statutory Reserve
Real Estate 0 Reserve for Commissions,Taxes and
Other Liabilities 935,383360
Agents'Balances or Uncollected Premiums............... 557,216,809
Total S3,128,407,771
Accrued Interest and Rents 34,037,369 Special Surplus Funds...... S 3,399,995
Other Admitted Assets......................................... 444,517.784 Capital Stock. 5,000,000
Paid in Surplus 346,118,108
Unassigned Surplus.. 415307334
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Total Admitted Assets. 53952231,2M Surplus to Policyholders. 769325A37
2
Total Liabilides and Surplus---------- =anus .e3
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as
Bonds arc stated at amortized or investment value;Stocks at Association Market Values.
• 44` Securities carried at 5113,984,922 Ire deposited as required by law.
SEAL
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I,TIM MIKOLAJEWSKI,Vicc-President of SAFECO Insurance Company of America,do hereby certify that the foregoing is a true,and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2008,to the best of my knowledge and belief.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 1st day of 0
March,2009,
CO
Vice-President
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£3-12622 3'09
I Packet Pg.436 I