Agenda 03/24/2015 Item #16A 2 3/24/2015 16.A.2.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 40094491 in
the amount of $97,500 which was posted as a guaranty for Excavation Permit Number 60.081,
(PL20120000747)for work associated with Camden Lakes.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department 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
subject security was provided for work associated with a planned residential project within the
Royal Palm Academy PUD Ordinance 05-54. The Performance Bond was posted as security for
an Excavation Permit associated with Camden Lakes (PL20120000747). The As-Built lake cross
sections have been received and the lakes have been inspected by Engineering Services.
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: That the Board of County Commissioners authorizes the Clerk of
Courts to release Performance Bond No. 40094491 in the amount of$97,500.00. Engineering
Services 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
Attachments: 1) Location Map 2) Copy of Performance Bond
Packet Page-289-
3/24/2015 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 40094491 in the amount of$97,500 which was posted as a guaranty for Excavation
Permit Number 60.081, (PL20120000747) for work associated with Camden Lakes.
Meeting Date: 3/24/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
2/13/2015 8:20:34 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 2/1 3/2015 1:21:52 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Operations and Regulatory Management
Date: 2/24/2015 6:1 9:41 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 2/25/2015 8:48:13 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/11/2015 1:47:48 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/11/2015 3:14:29 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/12/2015 2:50:36 PM
Packet Page-290-
3/24/2015 16.A.2.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/12/2015 5:40:27 PM
Packet Page -291-
3/24/2015 16.A.2.
•
•
' D A13eLJ
YN IID ------- ----------
P • VIN -rON I
. ROAD 12
.. i
11 UNTRY CLUES',
_-- LIVINGSTOr ROAD--E/
13 'H\</.-G ,
PROTECT
LOCATION LEARNING \\` (`s)••1 4 LANE- \�\� cal. 18
E � �': PELICAN
IMPERIAL. GOLF _-1 't, ��- ‘-':(,)• STRAND
•
ESTATES Litt
_ _:-",--• L \\li
`►J 6 ■ --•
144
i `:�
' • • • i
.
C;ARLTON PELICAN�V T TO SCALE I LAKES _ STRAND,
•L 0 CA iT IO N Ai;4 P
NOT 70 SCALE---
CAMDEN LAKES
IMMIRMININIP
Packet Page-292-
3/24/2015 16.A.2.
PERFORMANCE 13ONID
KNOW ALL PERSONS BY THESE PRESENTS:that !3C*N0 NCr. 40094491
PULTE HOME CaDRPOFUITION
23411 Walden Center(Drive,Suite an
13onite Springs FL 34134
CAMDEN LAKES(EXCAVATION)
(hereinafter referred to as'owner")and
The Guarantee Company of North America, USA
Ore Towne Square,Suite 1470
Southfield, MI 48076
133D-7998177
(hereinafter referred to es"Surety")are held and firmly bound unto Collier County,Florida,(hereinafter
referred to as."C:ounty")in the total aggregate sum of ninety seven thousand five hundred and 00/100
($97,500.00)in lawful money of the United States,for the payment of which sum well arid truly to be made,
we bind ourseiives,our heirs,executors,administrators,successors and assigns„jointly and severally,firmly
by these prersents.Owner and Surety are used for singular or plural,as the context re e wires.
THE CONDITION OF THIS OBLIGATION Is sudh that whereas,the Owner has submitted for approval by
the Board a certain subdivision plat named C:arniden Lakes,and that certain subdivision shall include
specific improvements which are required by Collar County Ordinances and Resolutions(hereinafter"Land
Development IR.egnlation s").This oblgatien of the Surety shall commence on the date this Bond is
executed and shall continue until the date of final acceptance by the Board of County Comrnisarxners of the
spec:1 c improvements described in the Land Development Regulations(hereinafter the"Guararty Period").
NOW,THEREFORE,if the Owner shall well,truly and 1a.ittfulhr 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 indemnity and save
harmless the County torn and against all roosts 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 tiny default,then this Dbti,gatbDn 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 ciele'tion to the proposed specific improvements shall in
any way affect Its obligation on this Bond,and It does hereby waive notice of any sect change,extension of
time,elieratien,addition or deletion to the proposed specific improvements.
PROVIDED FURTHER,that It is expressly agreed that the Bond shall be deemed amended
automatically and)iimnerdia'tely,without format 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 teem'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.
IN WITNESS WHEREOF,the parties hereto have caused the PERFORMANCE BOND to be
exeeete:d this i'0'day of December,2012.
Packet Page-293-
3/24/2015 16.A.2.
•
WITNESSES: -Y- Pult.E nme Corporati0n
Robert Porter Bruce E. Robinson,Vice President E Treasurer
Printed Name (Provide Proper Evidence of Authority)
ACKN OWL EICGEIMEENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THUS 7"DAY OF
DECEMBER,2012, BY BRUCE E.ROBINSON AS VICE PRESIDENT&TREASURER PULTE.HOME
CORPORATION WHO IS PERSONALLY KNOWN TO INIEE,OF: HAS PRODUCED_ AS
IDENTIFICATION.
Notary Public. State of MICHIGAN
{SI_,L
/ if - / c7, i SHM cy'E HUiTOtt"
g6,6,4 ti,1 PUJ. .,ETATiEIDF 1l1
7C� _e. LL W PKlrAFtC
HIF+L.E'Y EE 1-ILI'[CHINI,i nC J1 rly►at9t)7D1;
• MrigiPN mum oFtT L_G$ti,...e,
s-° /
N/IiTHES :S: i i, i/ i7 / The&iker tt_e Coi3onaykof Nckrtb Jamie a
= 1, ∎---- __---,�
= z
/LAW E:./Ca.].lah.an (Provide Proper Evidence of Authority)
/PrinUed'Marne _ ___ Pet er fl,- Porker„ Attorney7In-•:f act
• ACKNOWLEDGMENT
STATE OF L].:Linoas
COUNTY.CT,--rook.
THE FOREGOING PERFORMANCE 130ND WAS ACK:NOVVLEDGEC)BEFORE ME"IiIS
7th I December! 2012 DAY CF / I.
20_ BY NPqd ug si N i� SEERy�� •g,4°�i�ty-�.111 EAo[=O R PF �Y�r i)I omp any cif
PERSONALLY KNOWN TD rim,O[ HA._. PF+,C.) LJCET)' „�E[r3E�11]I�T'�A`�1��1f North America USA
Notary Pubti.-State of__jam l�nsda,•
;SEAL.) P. tecl Name--+ _
Ti.moy y Callahan •C FNCIA.SEAL )r�,.E:(i as to firm $legal sufficiency
'TIMOTHY CALLAhAN
NOTARY f PUBUC-STArE OF IU.tNt 1S ��j I`r
INGCI6t1 Sp('jhIIDPRh:3:0[iM1:i '/ /�j���` ,, , -\
L Assirtan urlty Att
ey
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Packet Page-294-
3/24/2015 16.A.2.
Ii THE GUAR;AJ1fTEE CO111] ANY OF!SDP:TEL AMERICA USA
Southfield,Michigan
t••. POWER OF ATTO RNEY
KNOW ALL Ell'THESE PRESENTS:That THE GUARANTEE COMPANY OP NORTH ANIMA MR'K:A USA,a corporation organized and existing under the
laws of the Stale of Mldhigan,having hs eronclFbl office in Southfield,Michiplen,does hereby oonhttute end appoint
Peter S. Porker„Amy A .Callahan,Becky f'ea!ston,Bradley S. Babcock
The Fortier Company
its true and lawful attorney(a)--ht-fact to execute, seal and deliver fix and on tls behalf,as surety,any and all tends and undertakings, contracts of
indemnity and other writings obtgaicry In the nature thereof,grid are or may be allowed,metaled or permitted by law,ntarute,rule,regulation,contract
or otherwise.
The execution of such Instruments)In pursuance of these presents,shall be as binding upon THE OUAFb1NTIEtE COMPANY OF NORTH AMERICA
USA as linty end amply,to all intents end meioses,as if the same had been duly malted and ecknowled:,geed by its regularly elected officers at the
principal col oe.
The Power of Attorney is executed and may be certified so,and may be revoked,contused to and by authority of Avrticie CC Se dlon 9.03 of the By-Laws
adopted by the Board of Direction'of THE GUARANTEE COMPANY OF NIORTH AMERICA USA at a meeting heidi on the 3' day of December,2003.
The President,or any Vice a Piresklent.acting with any Secretary or Assistant See cretaly,shalt have power end authority:
1. To appoint Atiorneyfs}dn-fact,and to authorize them to execute on behalf of the Company,and alttact-i the Seal of the Company thereto,bonds
and undertakings,contracts of Indemnity and other writings obagalcm/irn the nature thereof:and
2. To revoke,if any lime:,tiny such At'lone:y-In-tact and revoia the authority given,except au provided below
3. In connection with obligations In favor of the Florida Department of Traneporiation only.It Is agreed that the power acrd authority hereby given
Io the Atto:rrey-In•Fadl Includes any and ail consent;Ike the release of related percentages 'indict final estimates on engineering and
coeatuctlon contracts required by the State of Florida IDepartrnrent of Transportation. It Is fully understood That consenting to the State of
Florida Department of Transportation tricking payment of the Ilnel estimate lc the Cortraclnr andlar Its assignee,steel not relieve this surety
company cl any of its obligations under Its bond.
4. In connection with cCta atiorra in favor of the Kentucky l}epaeiment of H ghvheay a only,is is agreed that The prone end authority hereby given to
the Attomeydn-Fad.=rent be rnafdieicl or revoesd unless plot written oereomd notice of such intend has been given to the Commissioner—
Department or Highways of the Commonwealth of Kentucky at least thirty(Xi)days prix to the modification or revocation.
Further,fhb Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly celled and held on the(eh day of Demrnbrer 2(111,of which the following Is a true excerpt:
RESOLVED that the signature of any at:Mona d ofifrew and the seal cif the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other wrltings oblige:ory In the nature thereof,and
such signalune and seal when se used shall have the same force and etted es though manually attired.
;rriy;\ IN WTT'NESS IM-IEREEOF,'THE GUARANTEE CCNAPANY OF NORTH AIME.FtiCA USA has caused this Instrument to be signed and
r��,,i‘ its co poratte seat to be stlixed by Its authorized nfl oar,this::;Ind day of February,2012.
y et 1� THE,GUARANTEE COMPANY OF NORTH AMERICA LISA
it o/it y 6 {�
ye #E lo ,A
IrrA'TlE OP MICHIGAN Stephen C.Ruscihak,'1 rice President Randall Mlusseirnan,Secretary
County of Oakland
On this 23rd day of February,2012 before nor came the individual'who executed tlx:preceding instrument,to me personally known,and being by me
duly sworn,said teat each is the herein described end authorized officer of The Guarantee Company of Norte America USA;that:the seal affixed to said
instrument Is the Corporate Seal of said Company;that the Corporate Seal',and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Taker IN NATNESS IM-IEFtE01-,I have hereunto set my hand at Tne Guarantee
-11"1-.s. Notary Public,State of MrlctrtiAhn Company of North Annerka USA offices the day and year above written.
County or Oakland //r� - _ '
4'.. ..i
fish a oy(:nrrenssfcn C opiate February 2T,10fEr (W,Lett :o—, or.-.. %�Gi ..et�e:..
Acting m Oakland County
I,Randall Mrusaelman,Secretary of THE GUARANTEE COMPANY'OF HORN AMERICA LISA,do hereby certify That:the above and foregoing Is a true
and correct copy of a Power of Attorney executed by TEE GUARANTEE COMPANY OF NORTH AMERICA USA which Is!till in full force and effect.
a IN WITNESS VVHEREEOF,I have thereunto set my hand and attacteed the seat of Said Company this'T4C—day of�'e/Al C..ir—pltD/a2.
�'rr,r>;i�
C 5''0)
Randall Mtusselmen,Secrettaary
Packet Page -295-