Agenda 11/15/2016 Item #16A24 16,A.24
11/15/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$1,000,000 to WCI Communities, LLC., which was posted as a guaranty for Excavation Permit
Number 59.739-1,PL20140002101,for work associated with Lamorada f/k/a Indian Hill Estates.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for excavation improvements 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 Lamorada, PL20140002101. The As-Built lake cross sections have
been received and the lakes have been inspected by the Development Review Division staff.
This project was originally submitted as Indian Hill Estates,AR-9784 in the CD Plus system. The project
was converted to Cityview and assigned the current number of PL20140002101.
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 $1,000,000 to WCI Communities, 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)
Packet Pg'. 551
I6.A.24_:_'
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.24
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of$1,000,000 to WCI Communities,LLC., which was posted as a guaranty for Excavation
Permit Number 59.739-1,PL20140002101 for work associated with Lamorada f/k/a Indian Hill Estates.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/11/2016 2:48 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/11/2016 2:48 PM
Approved By:
Review:
/*-\ Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/13/2016 3:58 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/17/2016 9:03 AM
Growth Management Department James French Additional Reviewer Completed 10/18/2016 11:18 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/25/2016 10:41 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/28/2016 5:11 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 7:48 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 11:01 AM
Budget and Management Office Mark lsackson Additional Reviewer Completed 10/31/2016 11:17 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. K09002443
KNOW ALL PERSONS BY THESE PRESENTS:that
VVCICommunities, LLC
24301 Walden Center Drive
Bonita Springs, FL 34134
(hereinafter referred to as 'Owner') and
Westchester Fire Insurance Company
436 Walnut Street
Philadelphia, PA 19106
(215)640'100
(hereinafter referred to as "Surety) are held arid firmly bound unto Collier County, Forida, (hereinafter
referred to as "County") in the total aggregate sum of One Million and 00/100 ($1.000.000.00) in lawful
money of the United Stmkes, for the payment of which sum well and tnu|yto be made, we bind ouroe|vea, cis
our heiru, exooutoro, udminiatnaVzm, successors and assigns, /oinUy and yevo,aHy, 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-AR-9784, |nd:anHU| Estates and that certain excavation
permit shall include specific improvements which are ruouired by Collier County Ordinances and
Resolutions (hereinafter"Land Development Regulations"). This obligation of the Surely shall commence
on the date this Bond is executed and shall continue until the date of completion of the work and approval �
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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. ,p
NOW, THEREFDRE, 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 uo
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,
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PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and innnnedia\oly, 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. r
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other �
documents shall include any alteration, addition or modification ot any character whatsoever.
IN WITNESS VVHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 28th day of August, 2014.
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,ITNESSES: WCI Communities, LLC
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ACKNOWLEDGEMENT —c-
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STATE OF F/Ofi iCh_ co
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, E FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 447 DAY OF cc
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Notary Public - State of C.70,fid "4,..,",,, RUTH J. MARIANETTI -1
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r•—•-• ACKNOWLEDGMENT
STATE OF Colorado
COUNTY OF Denver
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF
August, 2014, BY Stacy Killebrew AS Attorney-in-Fact OF Westchester Fire Insurance Company WHO IS
PERSONALLY KNOWN TO ME,OR HAS PRODUCED Drivers License AS IDENTIFICATION.
Notary Public-State of Colorado
Kathleen K Freund
Notary Ptblio
State of Colorado
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Kathleen K. Freund
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