Agenda 07/07/2015 Item #16A107/7/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20110002190)
for work associated with Saturnia Falls Plat One (Riverstone).
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 Saturnia
Falls Plat One (PL20110002190). 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: That the Board of County Commissioners authorizes the Clerk of
Courts to release the Performance Bond in the amount of $493,500.00. Development Review
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, Growth
Management Department
Attachments: 1) Location Map 2) Copy of Performance Bond
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $493,500 which was posted as a guaranty for Excavation
Permit Number 59.912, (PL20110002190) for work associated with Saturnia Falls Plat One
(Riverstone).
Meeting Date: 7/7/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
6/5/2015 8:57:59 AM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 6/8/2015 5:12:01 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 9:58:39 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 9:59:27 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 6/15/2015 10:23:24 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/20/2015 7:31:15 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
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Date: 6/22/2015 8:36:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:29:33 PM
7/7/2015 16.A.10.
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/25/2015 11:08:02 AM
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LOCATION MAP
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LOCATION MAP
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COLLIER COUIN T Y LAND D'CVELOPivtiNT CODS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
G.L. HOMES OF NAPLES ASSOCIATES II, LTD.
1401 UNIVERSITY DRIVE
SUITE 200
CORAL SPRINGS, FL 33071
(hereinafter referred to as "Owner ") and
THE CONTINENTAL INSURANCE COMPANY
9800 NW 41" Street, Suite 300
Miami, FL 33178
7/7/2015 16.A.10.
Bond No. 29 7793
(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 Four Hundred Ninety -Three Thousand Five Hundred Dollars ($493,500.00)
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 will complete the requirements of
excavation permit number 59.912 AR -6124 for the project SATURNIA FALLS pursuant to Collier County Ordinance
No. 91 -102, as amended (hereinafter referred to as "Land Development Regulations "). This obligation of Surety shall
commence on this 1° day of June, 2005 and shall continue until released in writing by the Development Services
Director pursuant to the Land Development Regulation, (`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 maldng 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 V day of
June, 2005.
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State of Florida
County of Broward
(Owner's witness and signature block)
G.L. HOMES OF NAPLES ASSOCIATES II, LTD.
G.L. O OF tjAPLES II CORP., its gen 1 partner
BY:
N. Maria Menendez, Vice President
The foregoing PERFORMANCE BOND was acknowledged before me this 13' day of June, 2005, by N. Maria
Menendez as Vice President of G.L. Homes of Naples Associates II. Ltd. who is personally known to me, or has
produced identification.
otary Public — State of FWda
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Z. 9A�t.Cannb E�cPMes 009
Kai hl en M c0 h � soon W391078
Printed Name " �" ea�ded By Na wW Notary A
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WITNESSES: /J
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Printed Name
State of Florida
County of Miami -Dade
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(Surety's witness and signature block)
THE CONTINE
NTAL INSURANCE COMPANY
BY:
D.A. Belis, Attorney -In -Fact and
Florida Resident Agent
The foregoing PERFORMANCE BOND was acknowledged before me this day of June, 2005, by D.A. Belis as
Attorney -In -Fact for The Continental Insurance Company who is personally known to me, or has produced
identification.
NotaryjPublic — State of Florida
,•�o'Y °� -, Ivette Prendes
A�- ioDD366519
- .','�' �. 27, 2008
Printed Name ''' °�� `'° WWW.AARotiNOTARY.com
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POWER OF ArryV APP OINTING INDIVIDUAL ATTO
Y -IN -FACE
Know AN Men By These Presents, That The Continental Insurance Company, a South Carotins corporation, Newark, New Jersey, a New Jersey corporation (herein called "the CI C on, and Firemen's Insurance Company of
offices in the City of Chicago, and State of Illinois, end that they do by virtue of the � are duly organized and existing corporations having their principal
appoint signatures and seals herein affixed hereby make, constitute and
D A Be4 Individually
Of Miami, err their true and lawful Aory instruments o with full power and authority hereby conferred to sign, seal and execute for and on their behalf
ads, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind than thereby as iirlly and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the
acts of said Attorney, Pursuant to the authority hereby given is hereby ratified and confirmed
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and duly Resolutions,
adopted, as indicated, by the Boards of Directors of the corporations printed on the reverse hereof;
Is Witness Whereot; the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be
hereto affixed on this 21 st day of April, 2004.
The continental In Company
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tfi� s . :ice'
Firemen's Insurance Company of Newark, New Jersey
L S
Michael Gengler Senior Vice President
State of Illinois, County of Cook, ss:
On this 21st day of April, 2004, before me personally come Michael Gengler tome known, who, being by me duly sworn, did depose and say: that
he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a South Carolina
corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrunent are such corporate
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto' that they were m affixed
aelatowiedges same to be the ace and deed of said corporations. punt to like authority, and
APIA
OFFICIA
ELIZA -W.M
MY Commission Expires September 17, 2006
Mum lzme Notary Public
CERTIFICATE
I, Mary A- Ribr7cawskis, Assistant Secretary of The Continental Insurance that Company, a South Carolina corporation, and Firemen's Insurance
Company ofNewark, New Jersey, a New Jersey corporation do hereby
. further certify that the By -Law and Resolution of the Board of Durators oaf the Corporations a ow of Attorney herein above set forth is still in force, and
whereof I have hereunto subscribed my PTm a reverse hereof is still in force. In testimony
name and affixed the seal of the-said corporations this / day ofd_.
s =
Form F6850- 112001
The Continental Insurance Company
Firemen's Insurance Comp�\fNewark, New Jersey
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