Agenda 09/08/2015 Item #16A 19/8/2015 16.A.1.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$2,981,600 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20120001253) for work associated with Esplanade Golf and Country Club.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively for guaranties for early work improvements pursuant to Section 10.01.02 B of
the LDC. 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 Mirasol PUD. The Performance
Bond was posted as security for clearing associated with an Early Work Authorization for
Esplanade Golf and Country Club (PL20120001253). On May 14, 2013, the Board of County
Commissioners approved the final construction plans and plat for Esplanade Golf and Country
Club. Once the construction plans for this project are approved and the property has been
cleared and stabilized, the bond is no longer required.
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. 1091822 in the amount of $2,981,600.00.
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, 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.1.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $2,981,600 which was posted as a development guaranty
for an Early Work Authorization (EWA) (PL20120001253) for work associated with Esplanade
Golf and Country Club.
Meeting Date: 9/8/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
6/11/2015 8:33:58 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:18:51 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:19:14 AM
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 8/4/2015 2:40:42 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 8/10/2015 4:52:14 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 8/18/2015 7:03:49 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 8/22/2015 10:21:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/24/2015 9:58:41 AM
Name: IsacksonMark
9/8/2015 16.A.1.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/24/2015 12:19:25 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/24/2015 1:04:45 PM
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I NCW ALL PERSONS BYTHESE PRESENTS: that
Taylor Morrison Esplanade Naples, l LC
(fame of Owner)
501 N. Cattlemen Rd, Suite 100
(Address o f Owner)
Sarasota, FL 34232
(Address of Owner)
(Hereinafter referred to as "Ovme l and
Lexon Insurance company
(Name of Surety)
12890 Lebanon Road
(Address of may)
Mt Juliet, TN 37122
(Adder of Surety)
615 250 -3040 33043
(Tell )
1091822
9/8/2015 16.A.1.
(hereinafter referred to as "Surety") are held and firn-ty bound unto Collier County, Rorida, (hereinafter
referred to as "Counb/I in the total aggregate sum of Two Million Nine Hundred flighty One * Dollars
($ 2,981,600.00 -- ) in lawful money of the Unfted States, for the payment of v."ch sum well and truly
to be made, we bind ourselves, our- heirs, exeafaxs, administrators, successors and assigns, jointly and
severally, firmriy by these presents. Owner and Surety are used for singular or plural, as the context
requires. *Thousand Six Hundred and no/100 Dollars
THE COMMON MON OF THIS OBUGATION is such that mkrereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named Esplanade at Naples Golf and Country Clab and that
certain subdivision shall include specific improvements wh"ch are required by Collier County Ordinances
and Resolutions (hereinafter "Land Developrr ent Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of final acceptance bythe
Board of County CorrmssLoners of the specific inVrowrnmts described in the land Developmem
Regulations (hereinafter the "Guaranty Period'l.
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 dernands 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 repaythe County all outlay and expense which the County may
Incur in nicking good any default, then this obligation shall be void, otherwise to remain in full force and
effect
PROMDED, R XU HER, that the said Surety, for value received hereby, stipulates and agrees that
no charge, 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 improvernmts.
PRCMIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amreruied
automatically and immediately, without formal and separate ar nendmeras herebo, so as to bind the
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Omvr and the Surety to the full and faithful perforrnance in accordance with the land Oevelopment
Regulatiom The term - Arnendrwe, vAjerever used in this Bond, and whed"er referring to this Bond,
or other doc trr ents shall include any alteral IM addition or nx ification of any character wi►atsoever.
IN WIINESS WHEREOF, the Parties hereto have caused this PERFORMANCE BOND to be
executed this 22nd day of Jay / 2013 /
DES:
Taylor Morison Esplanade Naples, LLC
(Ovum- Name and Title if Corporation)
Printed Name
Prirted ttle
(Provide ?raper Evidence of Authority)
Printed Name
STATE OF
THE FOFREGOING PERFORNANcE BOND wAS BEFORE NE THS DAY OF
20 by INE OF
OF,gCKI.IM&EDGER) AS MTW OF (NAME OF
CWpX" WHO IS PERSONALLY KNOW TO NE, OR HAS PRODUCED
AS iDE UIRCATION.
Notary public —State of
(SEAL)
Printed Name
M
Lexo e Com any
$y:
Anett Cardinale, Attomey -in -Fact & FL Licensed Resident Agent
Inquiries: (813) 281 -2095
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ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA SS.
COUNTY OF HILLSBOROUGH
On this 22 "d day of January, 2013 before me, personally came
Anett Cardinale, who is personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who
executed the within Instrument as Attorney -In -Fact on behalf of
Lexon Insurance Company, and acknowledged to me that
he /she executed the within instrument on behalf of said surety
company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
t
Signature��
Margaret A. Ginem
MAR if A. OINEM
cowtsm 9 EE 046816
Expire§ Jarttrary a 201
r;„,� TM+TAr�arralo6�a�q
This area for Official Notarial Seal
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POWER OF ATTORNEY
Lexon Insurance Company
Lx- 062670
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Carol H. Hermes, David H. Carr, Anett Cardinale * * * * * *
its true and lawful Attorney(s) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $ 2,000,000.00 Two million doltm •••••••••••••••••••••••••••• «••••••••••••••••••••••••••••••
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
such documents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney -in -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
A
TEXAS
INSURANCE
COMPANY
ACKNOWLEDGEMENT
By
LEXON INSURANCE COMPANY
David E. Campbell
President
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
"OFFICIAL SEAL"
MAUREE%9 YL AYE �
Notary Public, State of Illinois
My Commission Expires 09/21/13 Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now In force.
Signed and Sealed at Woodridge, Illinois this 0 Day of 2013
,d_'
A
TEXAS
INSUi3ANSE
COMPANY
Philip G. Lauer
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for Insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact materi-
al thereto, commits a fraudulent Insurance act, which is a crime and subjects such person to criminal and civil penalties."
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