Agenda 10/13/2015 Item #16A 4/1
10/13/2015 16.A.4.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$1,239,222 which was posted as a guaranty for Excavation Permit Number 60.093,
(PL20130000232) for work associated with Raffia Preserve.
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 Raffia
Preserve (PL20130000232). 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 (Board) authorizes the
Clerk of Courts to release the Performance Bond in the amount of $1,239,222.00. Development
Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the
Board, advising the Clerk of this action.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments: 1) Location Map and 2) Copy of Performance Bond
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10/13/2015 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $1,239,222 which was posted as a guaranty for Excavation
Permit Number 60.093, (PL20130000232) for work associated with Raffia Preserve.
Meeting Date: 10/13/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
8/28/2015 7:15:28 AM
Approved By
11-11, Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 9/2/2015 4:22:24 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 9/3/2015 5:30:49 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/9/2015 9:53:56 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 9/9/2015 9:54:29 AM
Name: WilkisonDavid
Title: Department Head- Growth Management Dept, Growth Management Department
Date: 9/10/2015 11:13:50 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
�-. Date: 9/22/2015 9:00:38 AM
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10/13/2015 16.A.4.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/23/2015 10:03:04 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:51:03 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/24/2015 1:02:23 PM
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. • 10/13/2015 16.A.4.
Bond Number : SLJ35176
this.bOCA tC�i�C:i is Ofi1l1' fNhf¢N OI lltt {a ®t WftLf}' 6g1bi1lL
SIAMARD PERFORMANCE'SECURIT`f DOCUfrdilrtM'FOR REQUIRED lMKitOVEMEtM
PERFORMANCE BONO
MaXALL PERSONS BY THESE PRESENtS:` t
WCI Communities, LLC (NAME Of OMEM
24301 Walden Center Drive (ADDRESS. OF'OWNERj
Bonita Springs, FL 34134
(hereinafter referred to as "Ownen : arrd
Aspen American Insurance Company (NAME OF SUAETO
175 Capital Boulevard, Suite300
Rocky Hill, CT 06067' (ADDRESS TfELEF'HOIVE NUMBER OF WRETYY
(860) 258 -3500
(hereiina rreftnvdto as lsur+eV)`are held ,and fi"bomd raft Collier Cou*,.0100 i
(twreinaftsr re ed tc as "County") in the total aggregate sum 'of Dollars,
($j,239,222-00 ) in I&Wful money of the United States, for the payment df whictr s�trn vreli
and. truly to be >rrrade, we bind ottrsette5. our heirs; eic+�cufars,. admLristr8tora; succees�ors
Wd assigM joiroy and severely, &mty by -byese present& Owner and Surety are used for
singular or - plural, as the content requirt .
THE CONDHTION OF THIS OBLIGATION is such that whereas,. the Owrser ba0, VAX0400 f
spprovafby the Board a certain nWlvislon plat named Raffia andthatcertain
subdivision shall include specific improvements which are required by CollierC;oWlty
Ordinances and Resolutions (hereiinaftet "Land Development Regulaticm *', This obligattba
of the Surety shag wh=ence on the date Ahis. i 6nd is executed and shall continue until the
data :*f final acceptance by-the Board of County Commissioners of the spectra
irmptoVwjents deed .-In the Lard Deveioprner t Reguiff % (herelnafw the "Guara*
Period°).
l4OW, THEREFORE, if the Owner sisan wen, tub/ and *VVufiy puftni its
obligations and d.u8es in accordance with `the Land Development Regula *AV6ft i1_1e
guarantY plod "tWished by the County and the Owner shill s0sfy all rims and
demand& rn vied and ioWi fully Indemnify and save harmless the County from anti a , 0.
all costs and :damages which it may sufferby reason of OWner's 'failure to do'so, and OW,
rBtmbursei and repay the county all outlay and expense which the County tnay ncur In
matting good any default;. then this obl gadon shall be void, otherwise to remain in tuft force
and effect.
PROVIDE . FURTHER, that the said Surety, for value -v9eks4 herebyx SbPukfts
and egrees that no change, 6xienslon of time, aiteratian, addition or deletion 16 1I'0.0
specific improvements shall in any way affect its obligation on this Song, and .ft does hereby
waive notice of any such orange, extension of time, inwatloo, addition or deletion to tths
proposed specific Improvements
PROVIDER FU RTHER, that it is expres "sly agreed fhat'Ihe:Bond shell be deemed
amended automatically and. immediately, without fonirral and sepai'ate`amendments herd,
so-as too hind the Owner and the Surety to the full and faithful pert"drrrtance its accordant e
** One Million Two Hundred Thirty Nine
Thousand Two Hundred Twenty Two
Dollars and No Cents
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STA IVDARTYpERFORIUtANDE`SE,CtlR1TY E�llilE. F{?0 REi�E11RED�.IMFRaVE1UlE i
r't11e;t.�s� CYYeV�eiOpt�f;Re�u)aticf�• 'the lerrr.1"Ai�ecAst#�rE;* wtetev,�used:�;jn #tom: .
Band.;anC1 wtiett�err�l�r�g to;:8ortdr QX.oth�r dpccar+enis stsalC inc�rfe $ny' a(f�r�tott
addFdon tu`modtitcai+on.of anV t hammer whatsoew.
tiv WrTWMSWHEAEOF,. the partles ham. have.caused:fM.s'PERFORMAN?
ACKN OWL.EDOEMEt iT
tis'i;ATE''DF Fl oot i dL4L�
COUNT,'" , j„de�
THS FOREGOING PERFORMA. NCB ROND V1 M ACM NOWLEOGED,B8FQRL ME THf.B
DAY Qf X21 / 20 / , V,- (NA'AnE GF
AGKNOVULE. GER ).AS (b'FLE OF(HAM=.C7FCOMPAtMWHO l$ PE SQNALLY
KNOWN TO ME, OR HAS PRODUCE'l3 AJ14 AS K3ENTtFiCA —nON,
Notary .Pub Fotated, 'C OR.I .. 4 RUTH '*4RIA
(8 ;o N OF
uTH y!L!. ct_n '-sue ► srpk�; J +m ;U. IM
Prfrrted`Name _ _ Co+sailsston Npa11#
yVCLNamt JtiWreWN&M a[id ' -itte tt CorP atiOn)Aspm American Insurance Compa
ACt{ WLEDGMENt
THE,:FOREg'01N.G PERFflR4ANGEBQND WA$ AICXNC EDWt3' AErfits
f Nth . / PAY OF
�! AaJst 13S' (NAME OF
JkttCitA►Ck�GE} A"Sr (i11 i.Ej. 4,��F-(IdC?F CMPRNYD 1S PERSF?iM I.
ME, QEZ HAS`PROOUCED r;fa A$ !€3l =tM- FEGAT(QN
" *Marie W. Edwards, II, Attomey -in -Fact of Aspen American Insurance Company
Ann& lWth Ghil&m NotuY PvMr- State At tarpr
Mp t,on+mfe� inn ecpira !0!03!2615
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ON
ACKN OWL.EDOEMEt iT
tis'i;ATE''DF Fl oot i dL4L�
COUNT,'" , j„de�
THS FOREGOING PERFORMA. NCB ROND V1 M ACM NOWLEOGED,B8FQRL ME THf.B
DAY Qf X21 / 20 / , V,- (NA'AnE GF
AGKNOVULE. GER ).AS (b'FLE OF(HAM=.C7FCOMPAtMWHO l$ PE SQNALLY
KNOWN TO ME, OR HAS PRODUCE'l3 AJ14 AS K3ENTtFiCA —nON,
Notary .Pub Fotated, 'C OR.I .. 4 RUTH '*4RIA
(8 ;o N OF
uTH y!L!. ct_n '-sue ► srpk�; J +m ;U. IM
Prfrrted`Name _ _ Co+sailsston Npa11#
yVCLNamt JtiWreWN&M a[id ' -itte tt CorP atiOn)Aspm American Insurance Compa
ACt{ WLEDGMENt
THE,:FOREg'01N.G PERFflR4ANGEBQND WA$ AICXNC EDWt3' AErfits
f Nth . / PAY OF
�! AaJst 13S' (NAME OF
JkttCitA►Ck�GE} A"Sr (i11 i.Ej. 4,��F-(IdC?F CMPRNYD 1S PERSF?iM I.
ME, QEZ HAS`PROOUCED r;fa A$ !€3l =tM- FEGAT(QN
" *Marie W. Edwards, II, Attomey -in -Fact of Aspen American Insurance Company
Ann& lWth Ghil&m NotuY PvMr- State At tarpr
Mp t,on+mfe� inn ecpira !0!03!2615
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Is 0 10/13/2015 16.A.4.
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ASPEN
Aspen American, Insurance Company
175 Capital Boulevard, Rocky Hill, CT 86667
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, THAT Aspen American. Insurance Company, a corporation duty organized under the laws of the
State of Texas, and baying its principal offices in Rocky Hill, Comnecticut, (herein the "Company's does hereby malm, constitute and appeaimt
Ronald Fl. Giadresich; Mark W. Edwards lI, Jeffrey K WSsoa, Evoudis H. Woesauer, William Milton Smith, ,Rhea IL Founders, Robert FL. F'reel of
McGrlff Selbels & Willisma, Inc. its true and lawful Attorneys) -in -Fact, with full powcrand authority hereby conferred to sign, "mule and
acknowledge on behalf of the Company, at any place within the United States, the following instrument(s) by hisfi,er sole signature and act. any and all
bonds, txognizances, and other writings obligatory in the nature of a, bond, recognizance, or conditional undertaking and any and all consents incident
thereto, and to bind tho Company thereby as fully and to the same extent as if the same were signed by the duly anthorizod officers cf the Company. All acts
of said Attomey(s }in -Fact done pursuant to the authority herein given are hereby ratified and confirmed.
This appointment is made under cad by authority of the following Resolutions of the Board of Directors ofaaid Company cEective on April 7, 20 11., which
Resolutions am now in firll fD= and rffwt
VOTED: All Ere wwm Officers of the Compeny (including the PrcrAect; any Fzzutive, Se "oror Assisnnf Vint ftsideM arty Kux Pnsidem: mry TMsmer, Assistant
Trmsmc, or Swretsry a Assastant Sammy) amyWomt AtRmeya in. Factto ace fx and on behalf oftbeGarnpanyto signwitkft Co stipaay'snameandscatwith the
Cotnpanys sael, bonds, recognizances, and cti wwritiegs obligatory m the nature of a bond, mognaance, ncr conditional amdertaking, and smy of said Exxativo OT=m at
any time may remove any such appointee and revoke the power given him or her_
VOTED: The bowing audio ity for mnainiiasses ofofficars ofthe Campy to appoint Aftxwye -in- Fhctby virtue oftPom ofA=rftw op sign and sealboodai
rmoga¢mces, and otherwntings obligatory in the name of s. bond, rwognnawce or conditional undertaking, as wstl as to revoke any such Power of Attomey. is hereby
granted apecificallyto the following individual officers of Aspen Specialty Insurance Mansgerncat, inc.:
Michael Toppi, Executive Vice President, Scott Sadowsky, Senior Vice President, Kevin W. Gillen, Senior Vice President, Mathew Raino, Vice Prosident,
Scott Mandeville, Vice President sad Ryan F -ieid, Assistant Vice President.
This Power of Attorney may be signed and sealed by f caimite (mechanical or printed) under and by authority of the Blowing Resolution voted by
the Boards of Directors of Aspen American Insurance Company, which Resolution is now in fall force and effect,
VOTED: That the signature of arty of the Officers identified by title or specifically named above may be rffDced by facsimile to any Power of Attorney for ptuposes
only of exoattmg and attesting bonds and undatakings and otber writings obligatory in the nature tb=e and any and all conscmts incident thcricto, and any such Power
ofAnnmey or cartificatc bearing such faysirm7e sigrahne or facsimile seal drill be valid and binding Won the Company Any such power so exafed and citified by
such facsimile signature andlor facsimile seal shall be valid and binding upon the Company with respect to any bond or untictakmg so executed.
IN WITNESS WMtEOF, Aspen American Insurance Comparry has caused this msumnaot to be signed and its "corporate seal to be hereto arixed this 25m day
of February, 2013.
Aspen Ametieaa Insurance Company L
STATE OF CONNF.C1TCUT
SS. K(X -KY HiLl.
COUNTY OF HARTFORD Mathewitaino, Vica Prosiderit
Onthis 25a day of Febmary. 20.13 before me personally wmoMaftw Rama to me known, who being by me duly sworn, did depose an&say; that Woe
President, of Asp= Amerman Insurance Company .the: Company d ednandwhicheocacled abuvei,nstrnmrat1hdWsholmnwstl andofs- -i3
the seal a>inaxlto thcsaid instrument is such co;ponce seal; andttffi hershe ocasmdtbe said inshumcat an bdmit oftlu Cop>psny byardhori), ofhis/hcr o *e
Rations the roof, r S 4 •'• ~Y
1 1441- S8i,�✓ZA�. .
Notary Public
My commission expire: May 31, 20-16
CERTIFICATE �$� ' •'
I the undersigned, Mathew Raino of Aspen American Lnsurana Company, a stack corporation of tix Stateo€Te has der baeby certify rhea tiw
of Aftomay remains in Sall force and has not been revoked; and furthermore, ffiat the Resolutions of the Hoards ofD!iredon, as set forth above, are now and
in fall force and effect
70 A,� It ?rtlz
C::en undo, my hared and seal cf said Company, in Rock- 1zrT1, Connecticut, this =day of a
• ty' lrs�,
� d �
t
o.
Name Mathew Ramo, Vice President
*For verification of thcauthenticity of the Power of Attorney you may call (850) 760 -77721 or email Pauicie.Tat>e�aspaa -insax �ce.eoxn
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