Agenda 10/14/2014 Item # 16A15 10/14/2014 16.A.15.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the
amount of$1,000,000, which was posted as a guaranty for Excavation Permit Number No. 59.902,
for work associated with Ave Maria North Sports Park Facility.
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 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 subject security was
provided for work associated with a planned residential project within the Ave Maria SRA
development. The Performance Bond was posted as security for an Excavation Permit
associated with the Ave Maria North Sports Park Facility (SDP-9178). 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. 6414722 in the amount of$1,000,000.00. 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
Attachments: 1) Copy of Performance Bond
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10/14/2014 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 6414722 in the amount of$1,000,000, which was posted as a guaranty for Excavation
Permit Number No. 59.902, for work associated with Ave Maria North Sports Park Facility.
Meeting Date: 10/14/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
9/10/2014 9:53:26 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 9/12/2014 2:04:49 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 9/23/2014 1:20:13 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/24/2014 9:32:10 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/30/2014 4:27:27 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 10/1/2014 10:19:57 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/1/2014 10:35:01 AM
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10/14/2014 16.A.15.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 10/2/2014 3:29:35 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/3/2014 12:27:55 PM
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10/14/2014 16.A.15.
S
PERFORMANCE BOND
Bond No. 6414722
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation/DiVosta Homes, L.P.
3459 Pine Ridge Rd., Naples, FL 34109
(hereinafter referred to as "Owner") and
Safeco Insurance Company of America
2800 W. Higgins Road, Suite 1100, Hoffman Estates, IL 60159
847-490-2900
(hereinafter referred to as "Surety")
y ) are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One Million Dollars
($1,000,000.00) 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. [59-902.] for the project "All lake excavation by Pulte
Homes Corporation and/or DiVosta Homes, L.P. within the Ave Maria SRA" pursuant to Collier
County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development
Regulations"). This obligation of Surety shall commence on July 27, 2006 and shall continue until
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
and save harmless the County from and against all costs and damages which it may suffer by re son
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
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be executed this 27th day of July ,20 06
(Owner's witness and signature block)
WITNESSES: Pulte Hom��ei�C/�orporatio ij Vosta Homes, L.P.
`�� ti By: L! —' if I
Marcia Howard Calvin R. Boyd,Director of Treasury Operations
Printed Name Printed Name to include Title
&W. Mem kgc;
Erin Ashenfelter
Printed Name
(Surety's witness and signature block)
WITNESSES: Safeco Insurance Company of America
44A-e By . — /7'7 • ille
Carol Bolterstein Jan M. Klym, Attorney-in-Fact
Pri dd N e Printed Name to include Title,p),,,
Susan Winslow
Printed Name
(Separate notary and acknowledgment for Owner and Surety required)
STATE OF Michigan
COUNTY OF nalland
The foregoing PERFORMANCE BOND was acknowledged before me this 27th day of July,
2006, by Calvin R. Boyd as Director of Treasury Operations of Pulte Home
Corporation/DiVosta Homes, L.P. who is personally known to me, or has produced
as identification.
T� Y PUBLIC— STA F Michigan
Colleen F. Currie (SEAL)
PRINTED TED NAME
STATE OF Michigan COLLEEN F CURRIE
COUNTY OF Oakland NOTARY PUBLIC,STATE OF MI
COUNTY OF OAKLAND
MY COMMISSION EXPIRES Apr 14,412
ACTING IN THE COUNTY QF
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•
10/14/2014 16.A.15.
The foregoing PERFORMANCE BOND was acknowledged before me this 27th day
of July , 2006 by Jan M. Klym as Attorney-in-Fact of Safeco Insurance Company of
America who is personally known to me, or has produced as
identification.
ter--
Y PUBLIC ST E OF Michigan
Colleen F. Currie (SEAL)
PRINTED NAME
COLLEEN F CURRIE
NOTARY PUBLIC,STATE OF MI
COUNTY OF OAKLAND
MY COMMISSION EXPIRES Apr 14,2012
ACTING IN THE COUNTY QF
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Iiir
INF
IIU S A F E c o• LIMITED POWER SAFECO INSURANCE COMPANY OF AMERICA
r f��� OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 8011
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each
hereby appoint
*****************COLL1 It R.ZUKOFF;SUZANNE TREPPA;JOHN R.STOLLER;VINCENT J.FREES;CALVIN R.BOYD;JULIA T.CORCORAN;JAN M.KLYM;
JANE K.ROTTING;BRUCE E.ROBINSON;ROBERT PORTER;Bloomfield Hills,Michigan
its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business,and to bind the respective company thereby in amounts or penalties not exceeding the sum
of Two Million Five Hundred Thousand and 00/100
DOLLARS($ 2,500,000.00 )
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 15th day of March
4 !! 2005
G� pc-a-Ar-i,u-,-_„
CHRISTINE MEAD,SECRETARY
MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V,Section 13. FIDELITY AND SURETY BONDS... the President,any Vice President the Secretary,and any Assistant Vice President appointed for
that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such
authority or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,
are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporations
this 27th
day of July 2006 _
c1��a cac NCE COMP
Oo�klre. Q,. 1"F 44'i-
t".
g -t -'. CORPORATE 5
SEAL a W SEAS, a
F�ms-10° a I�21 .
•�lcaptk i
CHRISTINE MEAD,SECRETARY
5-0975/SAEF 2/01
®A registered trademark of SAFECO Corporation
03/15/2005 POF
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