Agenda 09/13/2016 R Item #16A15 16.A.15
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release an Excavation Performance
Agreement and Bond in the amount of$25,000 to CC Ave Maria Estates, LLC., which was posted
as a guaranty for Excavation Permit Number 59.902-24, PL20150001735 for work associated with
Maple Ridge Estates Model Lots.
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 Excavation Performance Agreement and Bond was
posted as security for an Excavation Permit associated with Maple Ridge Estates Model Lots,
PL20150001735. 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 Excavation Performance
Agreement and Bond in the amount of $25,000 to CC Ave Maria Estates, LLC. 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)
3.Performance Agreement(PDF)
Packet Pg. 564
16.A.15
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Item Summary: Recommendation to authorize the Clerk of Courts to release an Excavation
Performance Agreement and Bond in the amount of$25,000 to CC Ave Maria Estates, LLC., which was
posted as a guaranty for Excavation Permit Number 59.902-24, PL20150001735 for work associated with
Maple Ridge Estates Model Lots.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/26/2016 5:59 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
07/26/2016 5:59 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/27/2016 3:31 PM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/01/2016 8:44 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 3:24 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 5:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 8:35 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 11:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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PERFORMANCE BOND FOR EXCAVATION WORK a
Bond No. 106103801
KNOW ALL PERSONS BY THESE PRESENTS:that
CC AVE MARIA ESTATES, LLC
135 San Lorenzo Avenue, Suite
Coral Gable, Florida 33146
(hereinafter referred to as "Owner")and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
(800)873-1477
(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 Twenty-five thousand dollars and 00 cents Dollars
($25,000.00) 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. 59.902-24 for Maple Ridge Estate Model Lots
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.
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 9th day of September 2015. a
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By:
P itlted Name
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Brian Goguen, Vice President
(Provide Proper Evidence of Authority)
Printed Name t `� 1,1t I L.L.
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
11,
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS tL) DAY OF
, 2015, BY BRIAN GOGUEN AS VICE PRESIDENT OF CC AVE MARIA, LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Florida
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EXPIRE S:ra7+:0109,2018
Printed Name: Kim D. Davidson
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WITNESSES: Travelers Casualty and Surety Company of America
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.Kr/S�r /C-1� /i'� By: \. VU,Litt({.l .
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Printed Name 1,,,0°-1�+-. E- /� -~('0c"l�u'"a�
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 9th DAY OF
_September, 2015_, BY Charity A. Moser AS Attorney-In-Fact OF Travelers Casualty and Surety
Company of America WHO IS P RSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary ublic-State of to d- osaRv P°& GEORGE T.LEAMOPI
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Ott' EXPIRES:April 13,2018
Printed NameyGeor- . Lea mon "°reo;taGcet Bonded Thru Budget Notary Services
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TibELERS Farmington Casualty Company St.Paul Mercury Insurance Company d
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Y
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America to
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 11.
St.Paul Guardian Insurance Company
Attorney-In Fact No. 229466 Certificate No. 006358548
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St, Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Huntley A. Hornbeck.I1, Kristin M.Neierl.Marc E.Williams,Stephen J. Benza,Charity A.Moser,and Dawn Y.Colecchio
Naples Florida
of the City of ,State of ,their true and lawful Attorneys)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Comp es rave caused thus instrument to be signed and their corporate seals to be hereto affixed,thus I st
June 2Uf5l
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Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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State of Connecticut BY t
City of Hartford ss. Robert L.Raney,Senior Vice President
1st June 2015
On this the day of , ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul MercuryInsurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
SP:IN '
In Witness Whereof,1 hereunto set my hand and official seal. 1��("� a ' — V
My Commission expires the 30th day of June,2016. �P� �� ,�* M.+ne C.'1'etrcault,Notary Public
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY ORNEY IS INVALID WITHOUT THE RED BORDER
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Q This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance CI-
Company,
Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Gl
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: V
to
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any I'
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
I!, shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on r
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,inc.,St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. ".
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IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 4
Kevin E.Hughes,Assistant Sec tary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
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Project: Maple Ridge Estate Model lots
E `'° I I``` S U Task: Excavation Bond Calculation n.
C ,N F E 1Z , 7, Prepared By: RA Date: 7/29/2015
Checked By: RA Date: 7/29/2015
Lake ID Description Unit Price Unit Quantity Amount
Proposed Lake
No.5C Lake Bank Perimeter at Control Elev. $ 20.00 LF 865 $ 17,300.00
Performance Security Guarantee= $ 17,300.00 *
*The performance guarantee for excavation shall not be less than
$25,000,nor more than$1,000,000 computed at a rate of$20.00 for
sand and$100.00 for rock per foot of total bank perimeter to be
excavated per Ordinance No.04-55.
Notes:
1) Lake bank perimeter is anticipated to be sand,per the Geotechnical Report prepared
by YPC Consulting Group.
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LETTER OF TRANSMITTALa.
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Date: September 10,2015
2600 Golden Gate Parkway, Suite 105
Naples, Florida, 34105
Phone No: 239.262.2600 Project Name: Maple Ridge Estate Model Lots
Fax No: 239.261.1797
Reference: Excavation Permit 59.902-24
To: Brett Rosenblum, P.E.
Collier County Growth Management
Utility Reviewer
2800 N. Horseshoe Drive
Naples, Florida 34104
We are sending attached via:
0 Delivery 0 Mail ❑Client Pickup 0 Overnight Delivery
The following items:
Copies Date Description
1 09/09/2015 Original Bond in the amount of$25,000.00
1 09/10/2015 Original Construction and Maintenance Agreement
These are transmitted as checked below:
0 For Approval 0 ForYour Use ®As Requested 0 For Review and Comment
Comments:
Should you have any questions, please feel free to contact me.
Thank you.
Copy To: File Signed:
Kim D. Davidson
Permit Coordinator
16.A.15.c
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 11"' day of
September, 2015 between CC Ave Maria Estates, LLC hereinafter referred to as "Developer,"
and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavationcz
Regulations"); and LL,
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will 62
comply with the Excavation Regulations and Excavation Permit No. 59.902-24 (the "Excavation Q
Permit"). tti2
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants m
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
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1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the"Excavation Work"). x
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2. Developer herewith tenders its excavation performance security (attached hereto 0
as Exhibit "A" and by reference made a part hereof) in the amount of a,
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$ 25,000.00. ;�,
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3. In the event of default by Developer or failure of Developer to complete the c)
Excavation Work within the time required by the Excavation Regulations and cu
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Excavation Permit, Collier County, may call upon the excavation performancecr
security to insure satisfactory completion of the Excavation Work. a>
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4. The Excavation Work shall not be considered complete until Developer notifies E
the County that the Excavation Work is complete and the final Excavation Work o
is reviewed and approved by the County Manager or designee for compliance o
with the Excavation Regulations. c
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5. The County Manager or designee shall, within sixty (60) days of receipt of E
notification by Developer in writing that the Excavation Work is complete, either: 0
a) notify Developer in writing of his approval of the Excavation Work; or b) notify a
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
Packet Pg. 573
16.A.15.c
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
4.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be W
executed by their duly authorized representatives this 11th day of September, 2015. .�
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SIGNED IN THE PRESENCE OF:
Sign: CC AVE ARIA ESTATES, LLC -0
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Printed Name kA,,,fr,(6„ Ri�L
Brian Goguen, Vice ' --identres
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Printed Namer.
ATTEST:
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA a'
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DWIGHT E. BROCK, CLERK as designee of the County Manager
pursuant to Resolution No.2015-162
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By: e
Deputy Clerk
Apprpved as to form and legality:
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Scott A. Stone
Assistant County Attorney
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