Agenda 12/13/2016 Item #16A 7 16.A.7
12/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$191,620 to CC Ave Maria, LLC, which was posted as a guaranty for Excavation Permit Number
59.902-19,PL20140000067 for work associated with Maple Ridge Reserve at Ave Maria 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 Maple Ridge Reserve at Ave Maria Phase 3,PL20140000067. The As-
Built lake cross sections have been received and the lakes have 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 in the
amount of$191,620 to CC Ave Maria, 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)
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16A.7
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of$191,620 to CC Ave Maria, LLC,which was posted as a guaranty for Excavation Permit
Number 59.902-19, PL20140000067 for work associated with Maple Ridge Reserve at Ave Maria Phase
3.
Meeting Date: 12/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/11/2016 2:35 PM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
10/11/2016 2:35 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 11/02/2016 9:18 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2016 11:38 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 12:36 PM
Growth Management Department James French Additional Reviewer Completed 11/07/2016 5:54 PM
County Attorneys Office Scott Stone Level 2 Attomey Review Completed 11/16/2016 5:20 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 7:57 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2016 8:40 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/17/2016 8:57 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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PERFORMANCE BOND
FOR EXCAVATION WORK
No, 105870797
KNOW ALL PERSONS BY THESE PRESENTS, that
CC AVE MARIA, 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 IrTs
Hartford, CT 06813
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(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 One hundred ninety-one thousand six hundred a)
twenty dollars and DO cents Dollars ($191.620,00) in lawful money of Vie Un ted States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors. administrators,
successors and assignsjointly and severally, firmly by these presents Owner and Surety are used for
singular or plural, as the context requires.
THE CONDITION OF -I-HIS OBLIGATION is such that viihereas, the Owner has submitted for approval by -a
tne Board a certain excavation permit no. 59-902-19 Maple Ridge at Ave Maria Phase 3 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 Reoulatiorts
(hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of -0
Ownership.
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NOW, THEREFORE, if the Owner shall wcU truly and faithfully perform its obligations and duties in 0
accordance with the Land Development Regulations during the cuaranty 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 acainst 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 c.)
in any way affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time,alteration, addlion or deletion to the eropcscd specific improvements
PROVIDED FURTHER. that it te expressly agreed that the Bond shall oe deemed amended
automatically and immediately, without formal and separate amendments heretoso 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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16.A.7.b
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 29th dayof ~�
April, 2014.
oration)CC Ave Maria, LLC
Prirted Name G-%:--% kk.1.‘1Y.-L,i-p_Printed Name itle David B. Genson,Vice President
aft-7P t-1.1::,CCi:Li (Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF Florida ,n
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COUNTY OF Collier co
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME TH1S DAY OF a9/ April,2O14' by
David Genson (NAME OF ACKNOWLEDGER) AS Vice President (TITLE) OF CC Ave Maria, LLC (NAME OF
COMPANY)WHO IS PERSONALLY KNOW TO ME.
Notary Public-State of Florida
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VVITNESSES: Sure :fri3velers Cas4alty appl Surety Coinpany of America
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Printd Name T�/�` Printed Nam Charity
A.Strassel, Attorney-In-Fact
(Provide Proper Evidence of Authority)
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Printed Name -�;'/' L 7:)4((4/4*+/'
ACKNOWLEDGEMENT
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOW/LEDGED BEFORE ME THIS DAY OF 29t DAY OFApril,Z014'
by Charity k Strassel (NAME OF ACKNOWLEDGER) Attorney-In-Fact (TITLE) OF Travelers Casualty and
Surety Company of America (NAME OF COMPANY)WHO IS PERSONALLY KNOW TO ME.
Notary Public-State of Florida
(SEAL) __.
THERESA AUNEMAN
mnCOMMISSION wpP-Z:so`88
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Printed Name.:Theresa A. Linehan cofi°`sn rrorm"m"*rys°°w°==m
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WARNalih ; HIS POVVER OF ATTORNEY IS IdcsrALID WITHOUT THE RED BORDER
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TRAVELERS J
Farmington Cirstudty Company St.Paul Mercury Insurance Company
Fidelity-and Guaranty Insurance Company Travelers Casualty and Surely Company
Fidelity and Guaranty Insurance Underwriters.Inc. Travelers Casualty and Surety Company a America
Si.Paul Fire and Marine Insurance Company United Suites Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Atttirney-In Fact Nu. 224190 Certificate Nu. 0 0 5 5 4 2 ° 8 1
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KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, Si Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers, Casualty and Surety Company of Arnrica.and United States.
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelny and GuarantyInsurance 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 Inc
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint ,-...
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each in their separate capacity if more than one is named above,to sign,exxute,teal and acknowledge any and all bonds,recomizances.conditional undertakings and cl,
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 (4
contracts and executing or guaranteeing bonds arid undertakings required or permitted in any actions or proceedings allowed by law. 7_
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IN WITNESS WHEREOF.the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 28th z
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Farmington CastutIty Company St.Paul Mercury Insurance Company Fidelity and and Guaranty Insurance Company Travelers Casualty and Surety Company est
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St.Paul Fire and Marine Insurance Company halted States Fidelity and Guaranty Company a
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On this the — da\ Of . .before me pertainall, appeared Robert L.Raney.w tK,ai-.:knowledged himself to
he the Serum Vice President of Farmington Casualty Company, Fidelity and Guaranty insurance Company.Fidelity and Guaranty Insurance Underwriters,loc.,St,Paul
Fire and Marine Insurance Company.St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casuaity and Surety Crunpany„Travelers
Casualty and Suter).-Company of America and United States Fidelity'and Guarana Company,and trod lie,as such.,being authorized so to do.executed the foregoing
Instintimme for the purposes therein contained by signing on behalf of the corporations by himself as a duly authcirtze..i/dn.:ter.
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in NVitnesN N1 hertiA.Ihereunui set my hand arid official seal g shOttin t4 V\_(31,11.0.i' C . -1/4:j.J.)4110-4•11*---1-
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,NARNIT,,,C, T-IS POI:JEC/-DP i,.....,RNE.Y IS INViriliD WINO iT THE•--iEC.,,3,DP.r.,s-P Packet Pg. 499
WARNING-THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 16.A.7.b
This Power of Attorney is granted under and by theaasaarity of the following resolutions adopted by the Boards csa.aaarctors of Farmington Casualty Company.1-1.;',',',11) I
and Guaranty Insurance Company•Fidelity and Guaranty Insurance Underwriters,the,,St.Paul FITC 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.which resolutions are now in full form and effect,reading as follows.
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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 OW111711311,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 employe--s 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 sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one of more Attorneys-th-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 til authority; and it is g
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FURTHER RESOLVED.that the signature of each of the following officers;President.any Executive Vice President.any Senior Vire President.any Vier President, g
any Assistant Vice President,any Se.ostary,any Assis-aint Secretary.and the seal of the Company may he affixed by facsimile to any Pow=of Attorney-or to any ja)
certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Se_aretaaies or Anorneys-in-Fart for purposes only of executing and attesting bonds W
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile sial r)a)
shall be 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 en
the Company in the future with respect to any bond or understanding to which it is attaahed,
I.Kevin E.Hughes,the undersigned.Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance 1-').
Underwriters,Inc..St.,Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company:,Travelers Casualty and re
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 revokea. E
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'rESTLMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this I day of "f-)tr I, .2.,) 1-r g
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• Kevin E.Hughes.Assistant Sec laza-
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To verify the autherairay of tins Power of Attorney.call 1-600421-3SSra or contact us at www.travelersbend corn Plrse reset to the 4:1(1-m..0n:1'44 narraser.tat.- :E
above-named individuals arid the detatis.of the bond to which the powc-ts rtrutt .
wARNING-THUS POWER OF ATTORNEY IS INVALID WTHOUT THE RED BORDEP
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