Agenda 10/14/2014 Item # 16A16 10/14/2014 16.A.16.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5032305 in the
amount of$400,000,which was posted as a guaranty for Excavation Permit Number No. 59.958,for
work associated with South Commercial Center at Fiddler's Creek.
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 and commercial project within the
Fiddler's Creek / Marco Shores DRI. The Performance Bond was posted as security for an
Excavation Permit associated with the South Commercial Center at Fiddler's Creek (AR-7573).
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. 5032305 in the amount of $400,000.00. 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
Packet Page -800-
10/14/2014 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 5032305 in the amount of$400,000, which was posted as a guaranty for Excavation
Permit Number No. 59.958, for work associated with South Commercial Center at Fiddler's
Creek.
Meeting Date: 10/14/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
9/10/2014 11:17:18 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 9/12/2014 2:13:29 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 9/23/2014 1:27:25 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/24/2014 9:32:49 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/30/2014 4:29:20 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Sys, Office of Management& Budget
Date: 10/1/2014 10:20:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page-801-
10/14/2014 16.A.16.
Date: 10/1/2014 10:35:43 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 10/2/2014 3:38:38 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/3/2014 3:41:29 PM
Packet Page -802-
? 10/14/2014 16.A.16.
(Lake Excavation)
PERFORMANCE BOND Bond# 5032305
KNOW ALL PERSONS BY THESE PRESENTS: that
951 LAND HOLDINGS, LTD., a Florida limited partnership, and
DY LAND ASSOCIATES, LTD., a Florida limited partnership,
each with an address of:
8156 Fiddler's Creek Parkway,
Naples, FL 34114-0816
(hereinafter collectively referred to as"Owner") and
BOND SAFEGUARD INSURANCE COMPANY
1919 S. Highland Ave., Bldg. A- Suite 300
Lombard , Illinois 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 Four Hundred Thousand and No/100 Dollars ($400,000.00) 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 has or will submit for
approval by the Board certain applications for development excavation permits for the excavation
of lakes within Unit 30 of the Marco Shores Planned Unit Development in Collier County, Florida,
as amended,known as Fiddler's Creek(hereinafter referred to as "Fiddler's Creek"),in accordance
with and subject to 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 date of final acceptance by the Board of County Commissioners of the
excavation of the last lake within Fiddler's Creek in accordance with its respective excavation permit
and the Land Development Regulations (hereinafter 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 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.
Page 1 of 4
Packet Page -803-
•
0 6
10/14/2014 16.A.16.
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,"whenever 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 2 j s� day of -13.j?.i*127 , 2008.
OWNER:
WITN :'SSES: 951 LAND HOLDINGS, LTD., a Florida
rt4/� c limited partnership
II
Print Name 1 N I/ 4-120 0 /,
By: V ,
Pig ub,-y J. Ferra• as Attorney-in-
Print Name —721e? 1. et/0 /2 - Fact and not i i ividually
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before this t day of`, ,4.. ,
2008, by Aubrey J. Ferrao, Attorney in Fact of.951 Land Holdings,_Ltd., a rida limited
partnership, on behalf of the limited partners p. He is personally known to me.
Print Name:
Notary Public
Commission No. " ""-"----f"-
My Commission 1.'°;:")‘4.:% .uY c:o_M MMlSS1ON D "2:2B09
E:iPIRES.Jup 1
-. '+ ••� y\ LLL0.1L } 1
,�%f of�;:` Pa:�aeQ Tim NoL. rs
Page 2 of 4
Packet Page -804-
•ill •
10/14/2014 16.A.16.
WITNESSES: DY LAND ASSOCIATES, LTD., a Florida
A,,,,, ,-,A,....„ ,
/ limited partnership
—�[ f ^ n /
Print Name A �/ '7j / / 2(j By::
. A Y
�//-V� Aubr y J. Ferra.,as Attorney-in-
d✓ .f1 Fact and not in i ividually
Print Name /1tcn- 4 5 2? / tie S7
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before this ' "j"-- -da of
2008, by Aubrey J. Ferrao, Attorney in Fact of DY,L ..,Associates td., a da limited
partnership,on behalf of the limited partnership. a is personally known to me.
Print Name:
Notary Public _ _..
Commission No o �' '; EMELIA MARY PACHA
My Commission ,1;: EXPIRES:June 14,2006
j '';6F F.ct: Bonded The Notary Pt,.is Uncle voitam
Page 3 of 4
Packet Page rm,■•■
1
• e.
10/14/2014 16.A.16.
•
Replacement Signature Page for
Bond No. 5032305
WITNESSES:
SURETY:
illl ,041i �� Bond Safeguard Insurance Company
Print Name Melissa Schmidt "4 Y
______________________
Illi ,
WA I/ IRO,,l.,�IA By: �c.�+-`. X
Li- :
Print Name Heather Print name: Dawn L. Mor
A. Beck Title: Attorne
-in-Fact
Florida License N0. P011322
STATE OF ILLINOIS
COUNTY OF DUPAGE
The foregoing instrument was acknowledged before this spla of Fe
2008, by Dawn L. Moran 21 y February
(insert name), as Attorney-in-Fact
(insert title), on behalf of Bond Safeguard Insurance Company, who is personally
known to me or has produced an Illinois driver's license as identification.
OFFICIAL SEAL /47...0 --d JENNIFER J MCCOMB �> f NOTARY P -
MY COMMISSION PUBLIC STATE OF tLL1N0(S *nt Nam .ennif
A.M1SSION J• McComb '
E.rPtRES:09/23/pg Notary Pu: re
Commission No. 542429
My Commission Expires: September 23, 2009
(SEAL)
F:'.USERS'WAN DA.FIDDLERS'•.°ERF-BON D Lake Excavation(Rev 2-4-OS)wpd
Page 4 of 4
Packet Page -806-
10/14/2014 16.A.16.
POWER OF ATTORNEY 111, AO 5 6 6 0 3
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: James I.Moore,Irene Diaz,Bonnie Kruse,Stephen T.Kamm,Dawn L.Morgan,
Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speclbnan,Heather A.Beck,Tariese M.Pisciono
its true and lawful Attomey(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 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.
, BOND SAFEGUARD INSURANCE COMPANY
µ
11JN018
ICOMPANY I
BY
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.
"OFFICIAL SEAL"
MAUREEN K AYE aureen K.Aye
Notary Public,State of Illinois
My Comission Expires 09/21/09 tary Public
m
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, Blinds this 21st Day of February , 20 pg
L 'L •
Donald D. Buchanan
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 informs + purpose of misleading,information concernin an fact
material thereto,commits a fraudulent insurance act,which i Packer Page_ 2;such person to criminal and civil penalties." g y
BSI