Agenda 05/27/2014 Item #16A 8 5/27/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5021251 in the
amount of 838,945 which was posted as a guaranty for Excavation Permit Number 59.935,
(PL20110002184)for work associated with Marbella Lakes.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments. 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
Livingston Village PUD, Ord. 03-23, as amended. The Performance Bond was posted as
security for an Excavation Permit associated with Marbella Lakes (PL201 10002184). The As-
Built lake cross sections have been received and the lakes have been inspected by Engineering
Services.
FISCAL IMPACT: There is no fiscal 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
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorizes the Clerk of
Courts to release Performance Bond No. 5021251 in the amount of $38,945.00. Engineering
Services 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, Engineering Services / Growth
Management Division, Planning and Regulation
Attachment: 1) Copy of Performance Bond
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5/27/2014 16.A.8.
(OT I ,,TFR C(11-TNTV
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 5021251 in the amount of$38,945 which was posted as a guaranty for Excavation
Permit Number 59.935, (PL20110002184) for work associated with Marbella Lakes.
Meeting Date: 5/27/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Engineering&Environmental Services
4/22/2014 2:42:39 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/5/2014 3:52:09 PM
Name: McKennaJack
Title: Manager-Engineering Review Services, Engineering&Environmental Services
Date: 5/9/2014 10:43:26 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/12/2014 9:08:46 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/13/2014 9:23:11 AM
Name: KlatzkowJeff
Title: County Attorney.
Date: 5/14/2014 3:45:32 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management& Budget
Date: 5/15/2014 12:36:52 PM
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5/27/2014 16.A.8.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 1:32:17 PM
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PERFORMANCE BOND
Bond No.5021251
KNOW ALL PERSONS BY THESE PRESETS:that
Tousa Homes,Inc.dba Engle Homes SWFL
12550 New Brittany Blvd.#101
Ft Myers,FL 33907
(hereinafter referred to as"Owner")and
Bond Safeguard Insurance Company
1919 S.Highland Ave.,Bldg-A,Ste. 300
Lombard,IL 60148
(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 Thirty-Eight Thousand Nine
Hundred Forty-Five and 00/100 Dollars($38,945.00)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 no.59.935 for the project"Marbella Lakes"pursuant to Collier
County Ordinance No.91-102,as amended(hereinafter referred to as"Land Development
Regulations").This obligation of Surety shall commence on February 14.2006 and shall continue
until released in writing 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 expenses
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 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 14th day of February,2006.
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STATE OF Illinois
COUNTY OF DuPage •
The foregoing PERFORMANCE BOND was acknowledged before me this 14th day of
February,2006,by Dawn L.Morean as Attorney-in-Fact of Bond Safeguard Insurance Company
who is personally known to e,or has produced Drivers License as identification.
NOTARY PUBLIC—STATE OF Illinois
Melissa Schmidt (SEAL)
PRINTED NAME OFFICIAL SEAL
MELISSA SCHMIDT
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:06/23/08
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5/27/201416.A.8.
. • POWER OF ATTORNEY AO v
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its
principal office in Lombard.Illinois.does hereby constitute and appoint: Michael J.Scheer.James I.Moore.Irene Diaz.rSnnnie Srrnhe,T 1a,mr,
Dawn L.Morgan Peg'r Faust.Kelly A Jacobs Elaine Marcus Jrnnifer 1 MrDnmh Mrlise1 Schmid/Jorl F Spers
its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surely,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 BOND
SAFEGUARD INSURANCE COMPANY on the 7th day of November;2001 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$1,000,000.00,One Million 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 Vice President,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 or undertaking to which
it is attached,continue to be valid and binding on the Company.
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its
President,and its Corporate seal to be affixed this 7th day of November,2001.
-qp INSUgi. BOND SAFEGUARD INSURANCE COMPANY
�o
AN
‘i INSURANCE r.
` oaNrwNr/ /
BY 1�
\ e
David E.Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November,2001,before me,personally came David E.Campbell to me known,who being duly sworn,did
depose and say that he is the President of BOND SAFEGUARD 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. �� O
"OFFICIAL SEAL" ��//( ✓�
MICHELE KOLLER Michele Koller
Notary Public,State of Illinois Notary Public
My Commission Expires 08128107
CERTIFICATE
I,the undersigned,Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois 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 Lombard,Illinois this 14th Day of February 20 06
IN
ego SU n/ i
ILLINOIS
INSURANCE
COMPANY Donald D.Buchanan
Secretary
4
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r • **- (Owner's witness and signature block)
WITNESSES: TOUS eme Inc,dba Engle Homes SWFL
�� K° x Q aAa EDP By: �� 0
low
T770 Pc-jce 4/rn,q A/cS 3AQ2A CAVE -CASH Mgrtac�ee
Prir' a )/ // �j Printed Name to include Title
vtd C. Ccn,oP -
Printed Name
(Surety's witness and signature block)
WITNEESSES: Bond Safeguard Insurance Company
Melissa Schmidt Dawn L.Morgan,Attorney-in-Fact
t 1N� e � Printed Name to include Title
� q� ���^ Florida License#P011322
Heather A.Beck
Printed Name
(Separate notary and acknowledgment for Owner and Surety required)
STATE OF (2i
COUNTY OF
The r oing PERFORMANCE BOND was acknowledged before me this /`f day of
,2006,by S4i (.G{9er-
as 0./0 i7/ S7 ' i'-' of Tousa Homes,Inc who is personally known to me,or has produced
as identification.
t /C J
NOTARY PUBLIC—STATE OF r/u
ii l rIn? Pty ������∎Mt
PRINTED NAME ,cke '•• •••oti 4'
•,'}� j0mbery ••
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• _ O N
Z •_
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