Agenda 11/10/2015 Item #16A 1 11/10/2015 16.A.1 .
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
S131,540 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20150000451)for work associated with Winding Cypress Unit 3.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of
the Land Development Code (LDC). The work associated with this security has been inspected
and the developer has fulfilled his commitments with respect to this security. The performance
security was posted as security for clearing associated with an Early Work Authorization for
Winding Cypress Unit 3 (PL20150000451). On September 8, 2015, the site development plan
was approved. Once the site development plan for this project is approved and the property has
been cleared and stabilized, the bond is no longer required. A recent inspection confirmed that
the developer has fulfilled the commitments of the EWA.
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 authorizes the Clerk of Courts to release the
Performance Bond in the amount of$131,540.00. The Development Review Division 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
2) Copy of Performance Bond
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11/10/2015 16.A.1 .
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$131,540 which was posted as a development guaranty for
an Early Work Authorization (EWA) (PL20150000451) for work associated with Winding Cypress
Unit 3.
Meeting Date: 11/10/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
9/30/2015 7:12:26 AM
Approved By
Name: McLeanMatthew
Title:Project Manager,Principal, Growth Management Department
Date: 10/1/2015 10:08:15 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/12/2015 11:44:55 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/12/2015 11:45:32 AM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 10/21/2015 10:04:01 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 10/21/2015 11:24:58 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
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11/10/2015 16.A.1.
Date: 10/22/2015 9:11:38 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 10/23/2015 9:36:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 10:57:42 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/28/2015 2:41:47 PM
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11/10/2015 16.A.1 .
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- 11/10/2015 16.A.1.
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS:that
DiVosta Homes,LP
24311 Walden Center Drive,Ste 300
Bonita Springs, FL 34134
(hereinafter referred to as"Owner")and BOND NO. 59BSBGW4118
G d;ri($3>7 q'Arxi'C_t p>irJri; 1_ r. �t t$1161
- ,1
(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 one hundred thirty one thousand five hundred forty and 00/100
($131,540.00) 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 er has submitted for approval by the
Board a certain Early Work Authorization Permit No. cf, '4 n 4 `arid that certain Early Work Authorization
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 completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations, or until issuance of a subsequent final
development order such as a Site Development Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter
the"Guaranty Period")or until replaced by a new bond in the event of a chance in Ownership.
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 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 25th day of February,2015.
WITNESSES: DiVosta Homes,LP
By
Bryce Langen
n �
f;4 h, •
A f a`
Bruce E.Robinson,VP&Treasurer
(Provide Proper Evidence of Authority)
Bernard J.Saunders
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11/10/2015 16.A.1.
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS2it'h DAY OF
February , 20 15 BY BRUCE E. ROBINSON AS VP & TREASURER OF DIVOSTA HOMES. LP
WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of GEORGIA i •
SHIRLEY E HUTCHINS •
Mon County (SE/OL)
arfi y E. Hutchins,Notary Public State of Roo* j
4 My CONNNIsaarl Wes Apr 1T.24ta
onwilimmuNPMPowsupimemaromoMMIM
WITNESSES: Hartford"Eire Insurance Company
J
By: W i f ►"�C !%''tG.+ tl"4✓��`
Printed Name Karen O'Brien
Printed Name/Title Virginia Erickson,Attorney-In-Fact
(Provide Proper Evidence of Authority)
Printed Name Jodi Vrooman
ACKNOWLEDGMENT
STATE OF Arizona
COUNTY OF Maricopa
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25th DAY OF
February, 2015 BY VIRGINIA ERICKSON, AS ATTORNEY IN FACT OF HARTFORD FIRE INSURANCE
COMPANY AND IS PERSONALLY KNOWN TO ME.
Notary Public-State of Arizona
Karon W.O'Brien (SEAL)
(l..• .♦ NOTARY PUBLIC-ARIZONA N
A
'COP COUNTYY
My Commission Expires
November 08, 08
Printed Name Karen O'Brien
I4-EIS-0265016
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11/10/2015 16.A.1 .
Direct w:POWER O AT• i { _
Bernd T-4
One Hartford Pima
Hartford,Connecticut 06156
KNOW ALL PERSONS BY THESE PRESENTS THAT: cat orawx-7574535)
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--� lien/Code:59-30016 8
i 11 H• artford Fire Insurance Company,a corporation a duly orgsaimd under the laws of the State of Connecticut
1 X j Hartford Casualty Insurance Company,a corpomtion duly organized under the laws of the State of Iodises
(X-] H• artford Accident and Indemnity Company,a corporation duly itemized aader the laws of the State of Connecticut
n H• artford Underwriters Insurance Company,a corporation duly organized under the laws of the Stale of Connecticut
Q
Li Twin City Fire insurance Company,a corporation duly under the laws oft the State of ladisna
Hartford Insurance Company of Illinois,a corporation duly°w anted under the laws of the State of Uhinois
n H• artford insurance Company of the Midwest,a corporation duly odd under the laws of the State of Indiana
Hartford Insurance Company of the Southeast,a corporation duty organized under the laws of the Same of Florida
having their home office in Hartford,Connecticut(hereinafter collectively referred to as the'Companies")do hereby make,constitute and appoint,
up to the amount of Unlimited •
Virginia Erickson, Jessica Holiaender of PHOENIX, Arizona
their true and lawful Attomey(s)41n.Fact,each in their separate capacity If more than one is named
of the the by®.and to saecctbs,seal and�any and elf bonds,a dertskklpt,contracts and tother mitten Matt in natur thereof,�
and undertakings in their business of guaranteeing the lit ty of persons,�g the performance of contracts and executing or guaranteeing bonds
In rots rmq ired or pen or proceedings allowed by law
caused these Witness t0 re f, by a Resolution of the Board of Directors of the Companies on August,1,21 ,the Companies have
caused eeeaeWnt of the Board by of its Vice PrPresident and its corporate seals to be hereto Axed,duly attested by its Assistant Secretary. Further,
mechanically applied signatures applied to this Power the Companies,of Attorney the Companies hereby unambiguously affirm that they are and vAl be bound by any ,
t ��+� .try .r-.�,,`^w i�"t-�--: , Q ke • .R. � . �� iii.
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Wesley W.Cowing,Assistant Savetsry M Ross.Ro Fier, Vice President .
STATE OF CONNECTICUT
COUNTY OF HARTFORD }
Hartford
On this 12th day of July,2012,before me personally came M.Ross Fisher,to me known,who being by me duty sworn,did depose and say:that
he resides In the County of Hartford,State of Connecticut that he is the Vice President of the Companies,the corporations desolbed in and welch executed
the above Instrument that he knows the seals of the said corporations;that the seeds affixed to the said instrument are such corporate ileala,that they were
so affixed by authority of the Boards of Directors of said corporations and that he signed his none thereto by Ow authority.
,cam ,
4E0
lCasislasa T.Maynard
CERIVICATE Nosey Public
I,the undersigned,Mee President of the Companies, My Ca Ira ,o Expire'rul y 31.2rle
Attorney executed said ompanies,DO HEREBY CERTIFY that the fend foregoing is a true and correct copy of the Power
of Atto by Companies,which is still In trill for a fediva as of 2/25/201)
Signed and sealed at the City of Hartford.
i s , G ? .`-' !� Ise `.� - .,,.,fib
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Gary W.Stamper,vide President
POA son
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11/10/2015 16.A.1 .
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA )
)ss.
COUNTY OF FULTON )
This record was acknowledge before me on February 25, 2015, by Bruce E.
Robinson, VP & Treasurer of DiVosta Homes, LP who provided to me on the
basis of satisfactory evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand and official seal.
SHIRLEY E HUTCHINS
Notary Public
Fulton County
State oI Georgia
/ My Commission Expires Apr 1?.2018
Signature df Notary Public
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: April 17, 2018
I
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