Agenda 05/26/2015 Item #16A 5 5/26/2015 16.A.5.
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EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No.
SEIFSU0617785 in the amount of$205,000 which was posted as a development guaranty for work
associated with Canopy,Early Work Authorization(EWA)PL201300001018.
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. This security was provided in
association of an Early Work Authorization which was issued pursuant to Section 10.01.02 B of
the Collier County Land Development Code. 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. The
Performance Bond was posted as security for clearing and site filling in advance of the final
subdivision approval for the Canopy project. On July 9, 2013, the Board of County
Commissioners approved the final plat and construction plans for Canopy (PL20120002575).
Once the construction plans and plat for this project are approved, the security is no longer
required. The construction plans include approval for clearing and site filling.
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. SEIFSU0617785 in the amount of $205,000.00.
Development Review 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)Performance Bond copy
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5/26/2015 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. SEIFSU0617785 in the amount of$205,000.00 which was posted as a development
guaranty for work associated with Canopy, Early Work Authorization (EWA) PL201300001018.
Meeting Date: 5/26/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural.Resources
4/21/2015 10:16:11 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date:4/21/2015 1:54:06 PM
Name: McLeanMatthew
Title: Project Manager, Principal,Development Review
Date: 4/28/2015 9:38:42 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/4/2015 9:14:40 AM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 5/5/2015 7:22:24 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2015 8:34:43 AM
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 5/5/2015 9:48:06 AM
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5/26/2015 16.A.5.
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/5/2015 12:57:38 PM
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5/26/2015 16.A.5.
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5/26/2015 16.A.5.
PERFORMANCE BOND
BOND NO. sE1FSU0617785
KNOW ALL PERSONS BY THESE PRESENTS:that
Neal Communities of Southwest Florida, L (Name of Owner)
5800 Lakewood Ranch Blvd. (Address of Owner)
Sarasota, FL 34240 (Address of Owner)
(Hereinafter referred to as"Owner")and
International Fidelity Insurance Company (Name of Surety)
One Newark Center (Address of Surety)
Newark, NJ 07102 (Address of Surety)
973-624-7200 (Telephone Number)
(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 Two Hundred Flve Thousand and 00!100 Dollars
($205,000.00 ) 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 of a certain subdivision plat named canes and that
certain subdivision 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 final acceptance by the
Board of County Commissioners of the specific improvements described in the Land Development
Regulations(hereinafter the"Guaranty Period").
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
GLykes
EXPERIENCE the POWER of PARTNERSHIP Insurance
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5/26/2015 16.A.5.
Bond No: SEIFS1.10617785
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 4th day of June / 2013 /
WITNESSES: (Owner Name and Title if Corporation) Neal Communities of Southwest
/1 �i Florida,LLC
By: l/tr^' �'Lt�`•
Printed Name Printed Name/Title (A-112\+C- y `tL ( e0
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF �/�
THE FOREGOING PERFORMANCE 6003 As yCKN Q.Ctu F74. I w Ail-4-12.-15 DAY NAME
OF ACKNOWLE ER)AS (TITLE)OF (NAME OF
COMPANY)WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public-State of
(SEAL)
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Printed Name
PRISCILLA G.HEIM PRISCILLA 8 KM
w Coo bens Mar tit,MN
Commission•If$57431
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5/26/2015 16.A.5.
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SURETY:International Fidelity Insurance Company -
By
Tanya L.Rus:,Attorney-in-fact and
Florida Licens d Resident A ent
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Witness: • 1 Witness: 16
Printed Name:ralAALALA,.�(14�� Printed Name: !�.t_► lb.. •
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FORGOING PREFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF JUNE 4,2013, by Tanya L. Russo(NAME OF ACKNOWLEDGER)AS
Attorney-in-fact and Florida Licensed Resident Agent(TITLE)of International Fidelity
Insurance Company(NAME OF COMPANY)WHO IS PERSONALLY KNOW TO
ME,OR HAD PRODUCED AS IDENTIFICATION.
Notary Public—State of Florida
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r.-:■.;;' :March 20,2015
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EXPERIENCE the POWER of PARTNERSHIP Insurance
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