Agenda 10/14/2014 Item # 16A17 10/14/2014 16.A.17.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 964119209 in
the amount of $265,360 which was posted as a development guaranty for an Early Work
Authorization (EWA) (PL20140000514) for work associated with Temple Citrus Grove.
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
Temple Citrus Grove PUD. The Performance Bond was posted as security for clearing
associated with an Early Work Authorization for Temple Citrus Grove (PL20140000514). The
application for the Early Work Authorization and the Plans and Plat were submitted concurrently
and are listed under the same application number. On September 9, 2014, the Board of County
Commissioners approved the final construction plans and plat for Temple Citrus Grove. Once
the construction plans for this project are approved, 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. 964119209 in the amount of$265,360.00. 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.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.17.
Item Summary: Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 964119209 in the amount of$265,360 which was posted as a
development guaranty for an Early Work Authorization (EWA) (PL20140000514)for work
associated with Temple Citrus Grove.
Meeting Date: 10/14/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
9/12/2014 9:08:51 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 9/12/2014 2:33:58 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 9/23/2014 1:28:11 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/24/2014 9:33:47 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 9/26/2014 10:43:52 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering& Construction Management
Date: 9/26/2014 11:32:02 AM
Name: KiatzkowJeff
Title: County Attorney,
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10/14/2014 16.A.17.
Date: 9/26/2014 2:05:50 PM
Name: lsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 9/29/2014 9:01:06 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/3/2014 8:40:17 AM
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. 10/14/2014 16.A.17.
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
Bond No. 964119209
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples Associates V, LLLP
1600 Sawgrass Corporate Parkway, 4th Floor
Sunrise, FL 33023
(hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
9850 NW 415t Street, Suite 100
Miami, FL 33178
(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 Two Hundred Sixty Five Thousand Three Hundred
Sixty and no/100 Dollars ($265,360.00) 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 submitted for approval by
the Board a certain Early Work Authorization Permit No. PL2014-0514 further described as Temple Citrus
Grove for Revegetation and 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 an 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 change 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 3rd day of June. 2014.
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10/14/2014 16.A.17.
Witnesses: Naples Associates V, LLLP, by:
Naples V CQproration, its General Partner
(Corporate Seal)
KL C' cacti By:
Pr inted Name: ICett, Ciel03
C„ C_---'\'" 'O._.-- N. Maria Menendez,Vice President
/�, Printed Name/Title
Printed Na l tee, ��'�� (Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Broward
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3rd DAY OF
June, 2014, BY N. Maria Menendez AS Vice President OF Naples V Corporation WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public- State of Florida
cAROLYt1 C.70RR(Sl
C �1,,it MY CO M4tSSlON d EE D23326 tots (SEAL)` EXPIRES:Ja FuGry tlndervmters
^�• A. Bonded Thru Notary
Printed qe)Cst46t ---c ,ic;c r er
WITNESSES: Liberty Mutual Insurance Company
_ (Corporate Seal)
�/ c' G'kair[ `
I F. ,/.+ / iL ' i By 1 �••�
Printed Nat-5e) 4 v ' `p"-
;k , ,%) —— -- D.A. Bells,Attorney-In-Fact and Resident agent.
' !I Printed Name/Title
Printed Name:Lc._;.;c, ` , -5;cc.
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Palm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3rd DAY OF
June, 2014, BY D.A. Bells AS Attorney-In-Fact OF Liberty Mutual Insurance Company WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public- State of Florida
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Printed Name ? :
14-EIS-02650/6
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 10/14/2014 6.A.17.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the
extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company(the"Company"),a Massachusetts stock insurance company,
pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint D.A.BELTS,THOMAS M.CORNISH,
ALL OF THE CITY OF MIAMI,STATE OF FLORIDA
, each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal, acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 00/100"`...'7""`_ DOLLARS
(S 50,000,000.00 ) each, and the
execution of such undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents,shall be as binding upon the Company
as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. ct
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
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chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, N
O : execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys- ai
0- in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and - C
execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if 3
. z• i; signed by the president and attested by the secretary. .Q
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• By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: aj.0 cts _
m Pursuant to Article XIII,Section 5 of the By-Laws,David M.Carey,Assistant Secretary of Liberty Mutual Insurance Company,is hereby authorized m 0
• Cn to appoint such attorneys-in-fact as may necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety v I-
✓ m any and all undertakings,bonds,recognizances and other surety obligations. >W
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`m > That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. `0 a
d z IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty ,,
C'a iutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 7th day of December , 0
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O 2011 LIBERTY MUTUAL INSURANCE COMPANY 3 cu
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L .. By /r w e
cr m = David M.Carey,Assistant Secretary .. ,�ex;
III
(1 E COMMONWEALTH OF PENNSYLVANIA ss 0 _
t,a: COUNTY OF MONTGOMERY ,ai
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= ai On this 7th day of December , 2011 , before me, a Notary Public, personally came David M. Carey, to me known, and Ti s
`p ca acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed >cz
. A the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said s
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— C.) corporation. - co
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". i IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year C
• U first above written. 0
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.---: - --, .:� ---, Teresa Pastella,Notary Public
CERTIFICATE
I,the undersigned,Assistant-Sec&etary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is
a full,true and correct copy,is in-full-force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said
power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,
Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following
vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company,wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the
same force and effect as though manually affixed. ],�
'N TESTIMONY WHEREQ I hay hereunto subscribed my name and affixed the corporate seal of the said company, this -,- day of.......-
....
. .... .6.0P' ,
. ..
Gregory W. Davenport,Assistant Secretary f
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