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Agenda 09/13/2016 R Item #16A11 16.A.11 09/13/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $161,900 to Pulte Home Corporation which was posted as a guaranty for Excavation Permit Number 60.066,PL20110000670 for work associated with Quarry Phase 3. 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 Phase 3, PL20110000670. The As-Built lake cross sections have been received and the lakes have been inspected by the 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$161,900 to Pulte Home Corporation. 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) Packet Pg. 535 16.A.11 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$161,900 to Pulte Home Corporation which was posted as a guaranty for Excavation Permit Number 60.066,PL20110000670 for work associated with Quarry Phase 3. Meeting Date: 09/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 07/28/2016 8:06 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 07/28/2016 8:06 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/28/2016 8:15 AM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/01/2016 8:42 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 2:37 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:08 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 5:27 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 8:31 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2016 9:38 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:08 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 11:00 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 536 16.A.11.a __ ............wi Lit...form _ -:..),-,,r al:iool:A : ii', let; ii 1-1- 41\ 14 ,,,,v,.... ...-. ...,,.. 4 r •c... i. —.1"--V / CCI ti QUARRY PHASE 3 ,,r, ,,, .„ „ .... . ,.,...: .\At. --&•f-T---,! . ft, QUARRY tiV7111111 THE QUAby .ris.4! i 01.:.....„ .1i _ , : ,:v”,, iii-.‘ , Pi;iar .....„,,..v.,, v I 11 1 o 6kt., 11, •.;,' -.:, ,, , -,t,1 co c 111 o,1=D k- • i ; 41JE ..,.7 cu NI ,i 'aiii.;-,...:-:- • ".... ..... -..1 co (x 1MM OKALEE ROAD x w Lli CI CNI ....1 ....i , .....1 co _ 201 r- cac2” .. , . . , 2 c VICINITY MAP , • 47.. co ' . '' '' • 1 ' ' OT TO SCALE 0 -- - .... 0 ..- ....1 -......-.....- 4'.. a) E .c c) as QUARRY PHASE 3 AND 3A :,... 1 Packet Pg. 537 16.A.11.b PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO. 5039563 PULTE HOME CORPORATION 9240 ESTERO PARK COMMONS BLVD ESTERO FL 33928 QUARRY—PHASE 3 (hereinafter referred to as"Owner",and Bond Safeguard Insurance Company 900 S.Frontage Road, Suite 250 Woodridge IL 60517 630-495-9380 (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of one hundred sixty one thousand nine co hundred and 00/100($161,900.00)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. WHEREAS the County has a material interest in the performance of said Contract;and as° WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development w Regulations")concerning the Owner's obligations to the County regarding the construction,excavation N activities for the lake construction within the Phase 3 project, thereof constructed within the unincorporated area of Collier County; c o ! 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, c6 conditions, and agreements of said contract during the original term thereof, and any extensions thereof a) which may be granted by the Owner, with or without notice to the Surety and during the guaranty n- a.: period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands E ' 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 Q 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 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. Packet Pg. 538 PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended 16.A.11.b 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 26th day of August, 2011. Pulte Home Corporation Principal M . T) as By: ( �-�-. - 6 C Bruce E. Robinson,VP&Treasurer -a c 0 m c First Witness- Signature 0 ca U X First Witness—Dory Malouf w N ti r G4ond ' ness - Signature S .. 4/ c cc, Witness—Susan Winslow ow c ca Bond Safeguard Insurance Company o Surety m a. ---7 le( c 0 By. a es .- P'Ioore, PLait1icense no.A183300 0 Firs VN ss- Signatureca ,' �t ::"'t ti .FDawn's.. . or Witness— Dawn' . or n l("_/.< (,%'1 L.z...w , 'V) -'Second Witness- Signature Tariese M. Pisciotto Second Witness— Packet Pg. 539 16.A.11.b Acknowledgement of Principal: ate of MICHIGAN County of OAKLAND The foregoing document was acknowledged before me by Bruce E. Robinson,Vice President &Treasurer of Pulte Home Corporation, a Michigan corporation, on behalf of the corporation, who is personally known X OR who produced identification. Type of identification produced: WITNESS my hand and official seal this 26th day of August,2011. Notary Public,Shirley E. Hutchins (Affix notary seal or stamp) �HiY�LEY E. HUTCH1Pl5 My Commission Expires: „r1ARY PUBLIC STATE OF Y c u T' OF WAYNEcc March 30,2017 MY COMMISSION EXPIRES Ma:30 2017 /1 cc ACTING IN COUNTY OF c3cF-41-CC,�,.,4" c m Acknowledgement of Surety: State of Illinois ca County of DuPage The foregoing document was acknowledged before me by James I. Moore ti Attorney—in—Fact of Insurancega©mpany ,a Illinois corporation, on behalf of the corporation,who is personally known X OR who a produced identification .Type of identification produced: m U f6 1 E WITL_ SS my hans and official seal this 26th day of August,2011. ' �:/ Ji'-- n K= ly L . G.. dner. Notary Pu..c, (Affix notary seal or stamp) My Commission Expires: OFFICIAL SEAL KELLY A GARDNER May 13, 2012 NOTARY PUBLIC STATE OF I MY 5 S:OI:EXPir E>'G513i i2 Prepared by: Dawn Morgan, Hub-International Scheer's 601 Oakmont Lane Westmont IL 60559 01/2005 Packet Pg. 540 16.A.11.b POWER OF ATTORNEY AO 71717 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS. that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I.Moore.Bonnie Kruse,Stephen T.Kaziner,Damn L.Morgan,Peggy Faust, Kelly A.Gardner,Elaine Marcus,Jennifer J.McComb,Melissa SchmidtJoel E.Speckman,Heather A.Beck,Tariese M.Pisciotto'•"`a..................:......s.,... 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 BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 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 $1,000.000.00, One 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 M 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 3 attorney granted, and the signature of the Vice President. and the seal of the Company may be affixed by facsimile to any certificate of 0 any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. c Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which o CO it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. r6 oINSU % BOND SAFEGUARD INSURANCE COMPANY N%AN fuj,os ; t`- 0 INSURANCE 9 \ coMPUNr BY David E. Campbell co President v ACKNOWLEDGEMENT E On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did d depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which a, executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws c of said corporation. �^ U "OFFICIAL SEAL" (LUL -- F� its MAUREEN K.AYE aureen K. Aye /� Q Notary Public,State of Illinois ' •tary Public ll�� My Commission Expires 09/21/13 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois 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 Lombard, Illinois this 26th Day of August . 20 11 tNsu AN '�IWNOIs C , I _l Z INSURANCE �COMPANV Donald D. Buchanan 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 conceals for the purpose of misleading, information nnr,fart material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil pens Packet Pg. 541