Agenda 06/24/2014 Item #16A126/24/2014 16.A.12.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$445,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20100000306) for work associated with Verona Walk Phase 4C.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments in accordance with LDC Section 10.01.02 B.2. 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 Winding Cypress PUD. The Performance Bond was
posted as security for clearing associated with an Early Work Authorization for Verona Walk
Phase 4C (AR- 12895). On September 28, 2010, the Board of County Commissioners approved
the final construction plans and plat for Verona Walk Phase 4C. 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.
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. 1034839 in the amount of $445,000.00 which had been
posted as a security for work associated with an Early Work Authorization (PL20100000306).
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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6/24/2014 16.A.12.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.12.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $445,000 which was posted as a development guaranty for
an Early Work Authorization (EWA) (PL20100000306) for work associated with Veronawalk
Phase 4C.
Meeting Date: 6/24/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
5/28/2014 9:09:21 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 5/28/2014 1:57:04 PM
Name: McKennaJack
Title: Manager - Engineering Review Services, Natural Resources
Date: 6/5/2014 12:53:13 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 6/6/2014 1:42:11 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:32:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/12/2014 1:25:08 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
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Date: 6/12/2014 2:46:06 PM
6/24/2014 16.A.12.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/16/2014 9:21:04 AM
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COLLIER COUNTY LAND DEVELOPMENT BOND 110. 1034839
PEF:FORMANCE BOND
KNOW A.L:L :Pm(so -,NS F1't' "f1IESFi r'RESENTS: that F'uite Home Comorat:ion, 9240 Estero Park Commons Blvd.,
Estero, FL '_3928 (he:reinafier ref.-red to as "Owner ") and LEIcon Irr_3luranec_ -Coi 1 nyy__�________
hereinaf.er referred to as "Surer") are held and firmly bound unto Collier County, Florida; 280C N.1lerseshoe Drive,
Naples, :F:L :'3942 ( hcreinafi.er refc:rrecl to as "County ") in the tora.l al;l;re :gate >um. of Four hundred --- otrty_frve thousand
and 00 /100 G�445 000_00 in lawti;l money of the United States, fir the payment ol'ufiich suim well and truly to be
made, we bind ourselves, our heirs„ executors, adrnfnisi :rators, successors and assigns, jointly, and severally, firmly by
these presents. Owner and Surety are used for singuiar or plural, as the context requires.
THE CONDITION OF TIIIS 00,L IGAJ rh )iq is such that whereas, thc. Owner has submitted for approval by the Board a
certain subdivision plat named *Vercrla W.all__,- Phase -41C and that certain subdivision shall include specific
improve.rne :nts which are: required by C.oliier Ceunty Ordin.ar.ces and Resolutions (hereinafter "Land Development
Regulations"). This oblig ;a.tion of* tile Surety shall cormnence on jic date this Bond is executed and :;hall continue until
the date of final acceptance by the Board. of County Commissioners of the specific, improvements described in the Land
Development. Regulations () Fcinafter the "G.taranry Period ")
PLOW, THEKEF'OF:E, if the Owner shall well, truly and faithfully pe:rf rni. its obligations and duties in accordance with
the Land De :veloprnent Regulations during, the guaranty period eata.bli shed by the County, and the Owner shall satisfy all
claims and demands incurred and shall filly inderrur.fy and save harrnless the 'County from and aga :ins•t all costs and
damages xhich it may suffer by reason of'Owners 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 sha] be void, otherwise to
r--main in full force aril cf'ec.t.
PROVIDED, FURTHER, that the said Surety, for value receivecl hereby, stipulates and agrees that r.o change, extension
cf time, alteration, addition or deletion to the proposed specific :improvements shall hr any way affect its obligation on
this Bond, and i' does hereby waive notice of any such change, cxtc:nsi.on of time, altcraticr,, addition or deletion to the
proposed specific improvements.
PROVIDED FURTHF?R, r.hat it is expressly agreed that the Bond shall be deemed amended autcmatically and
immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety :o the full and
faithful performance in accordance with the Land Development. Re.gulati.ons. The tern. ".Arnekrnent," wherever used in
this Bond, and whether referring to this Band, or other documents s11a11 include any alteration, addition or modification
of any character w:natsoe:ver,
IN WITNESS WHEIRECF, the parties hereto have causecl this PERFORMANCE 130NT) to be executed this 3rd day of
May, 20110.
Witness:
`Marc3:.a, ��. E3crward
- ....-------- - - - - -- --- ---
Carol . B�lterste:in
LDCA:6
lPulte Home Corporation
j
Calvin; R. Boyd, Ass istalttSecretay
1Lexon .Ln:s3>uratnce Con an
Da.w:r L. Poor €;,an, F,t.tc rieA7- -i.n -Fact
FL. Lie. No. PQ112;2.2
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6/24/2014 16.A.12.
PLOWER t)F .ATTORNEY
Lx- 031769
Lexoft Insurance Company,
KNOW At- MEN BY THESE_ PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville Kentucky, Coos hereby conStitu +.e and appoint:
Jounce: I. A400re,l3onnie P :ruse., Stepnen'T. Kaznrer, Dawn L. Morgan,F'eggy Faust, Kelly A. Gardner,
Elaine Marcus, Jenriifcr J. Iv[cCornb„ iVlclisa. Schmidt, Joel E Speckrnan,11m,ther A. 13ec6 Tariese M. Piscrotto °ii *t.ria•� i it4.« «iiittsttttt..i +i' a.•
its true and lawful Attorney(s) -in -Fact to make, execute, seal and deliver for, and on its behalf as surety, any arid all bonds, undertakings or
other writ ngs obligator( in nature of a. oonc'.
-this authority is made under and by, the authority of it rESOlutior which was passEd by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st cay of Iuly„ 2CC.3 as follows:
Resolved thar. the PrE :Sident of +:he: Company is hereby authonzeed to appoint and empower any representative of the Company or
other person or persons as Attornev -ln -Fact to execute on behal+ of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory it nature of a bond not to exceed $ :?,000,ocoOOTwo railli0ndolh+r3' °••• "'•' "... u......., .... ...............................
collars, which the Company might execute 1hrcugh its duly elected officers,, and affix the seal of the Cornpany thereto. Any said execution of
such documents by an Attorney -In -Fact shall be as binding upon the Ccnnaany as if they had been duly executed and acknowledged by the
regularly elected o`ficErs of the Compa -iy..Ary .Attornc- y- Iri-Fac.t, so appointed, lmay be removed for good cause and the authority so granted
may be revoked as SPE!6,ied 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
erante!d, and the signature of the VICE! Presider;, and the seal of the Company may be a.fiixed by facsimile to any certificate of any such power
and any such power or cefff Cate bearirg such facsimile signature and seal Shall be valid and binding on tie Company. Any such power so
executed and sealed and certificate so exe�c,.lted 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 WITNE=SS THER =OF LEXON INSURANCE COMPANY has causecl this instrument tC be signed by its President, and its
Corporate- Seal to be affixed th's 2nd day of July, 2033.
LEXON INSURANCE COMPANY
TEXAS ;-i3' �� �r r e���( ✓�`
INSURANCE :�; 13 Y, _., i_,,.4c
COMPANY ',: David E. Campbell
i� President
ACKNIOWLE.D G IEM EENT
On this 2nd day of Juty, 2003, before rre, pe'SOMally carne David E. Carpbell to me known, who being duty sworn, did depose and
say that he is the President of LEXON INSURANCE'. CONIPANY, the corporation described in and which executed the above instrument; that
he executed said instrument on behalf of the corparation by authorty of hls office under the By -laws of said corporation.
"OFFICIAL SEA
- N,o�tary Pubbr -, State o:f Illinols
h'ly Cornmission Fslpires 1)9121/13 Maureen K. Aye
---------- ----- ----- - -- - -- �_ Notary Public
__ CAF ;nFi�c:�zrE y
I, the undersigned, Secretaryy of LEXON INSURANCE iC01MPAN1(, A Texas insurance Cornpany, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and -Drrect copy is in tul! force and effect and has not been revoked and the
resolutions as se'l forth are now in force.
Signed arid Sealed at Lorrbarc, Illinois iris Day of rlriy__........_....._ 20.
�)
TEXAS
INSURANCE :5�
VA.%. COMPANY Donald D. Buchanan
/ Secretary
"WARVING: 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 it frauclulent insurance act which is a crime and subjects such person to criminal and civil penalties."
LAe
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ACKNOWLEDGEMENT sy P'RINCIP'AL
STA"m OF MICHIGAN
)ss.
COUNTY 01= OAKL. /0JD;
6/24/2014 16.A.12.
On this 3rd day of May, 2010, before: me, the undersigned authorized employee,
personally appeared Calvin R. Boyd who acknowledges himself to be Assistant Secretary
for 101.11te Home Corporation, arid as such employee, being authorized to do so, executed
the fcregoinc instrument for the purposes therein contained by signing the name of the
Corporation by himself as such officer.
WITNESS my hand and official seal.
�,fG i:✓t,I ��_C�a e- laJ�� -- - - - - --
—�-13111RI. =Y E. HUTCHfrI.�
Shirley E:..i ilitchins, Notary" Public NOTARY PUBLIC, sTxn:OFINN
Wa, ne COUllty, Michigan cxwrm7oFV/AYNE:
MY COMMISSION EXPIRES Mau 30, 2017
Acting in Oakland C:ourity. Michigan ACTIKIN(x)UN'YOF
My 'Commission Expires: March 30, 2017
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6/24/2014 16.A.12.
ACKNOWLEDGMENT II:E" SU7R.ETX
SIT.ALTE Of 11111 TOTS I
I S. S.
COUNTY OF I)ITAAGF; I
On Al ay :4., 2.0.101, lbefbre in e., a Notary Public in and -for sand County a.nd State, residing
therein, duly cornnaissionedl and sworn, personally appeaxed Dawn. L. Morg an, known to
me to be A.ttorne;y- in -F'aot ofLe,xon Insurance Coinpan.y, the corporartion described in
and that executed the within ,and foregoing instrument„ and known to mIe to be the person
wino executed the sa.id instrument on behalf of the said �arponation executed the same.
L�l wliBRJTOF, I have hereunto sett my hand and u fixed >.zry official seal, the
da :� and. year stated in this certificate atxrve.
'\/wH/'�f4K�MIW�IW'�IVAN
M11 Colluni.ssion Expires on. November 29, 2012 OFFICIAL SEAL.
J3ONNII =J. KR USE:
NO*TOkITV F LIE:LIU Tl�l'E OF ILLINOIS
- -- f GOMM 158N).j r:y F- I'S N0VEM8ER 29.2012
{ Notary Public --- l Snnie J K;'LrSe
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