Agenda 09/09/2014 Item #16A 8 9/9/2014 16.A.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$155,300 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20140000007)for work associated with Winding Cypress Phase 1.
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
Winding Cypress PUD. The Performance Bond was posted as security for clearing associated
with an Early Work Authorization for Winding Cypress Phase 1 (PL20140001373). On March
25,2014,the Board of County Commissioners(Board)approved the final construction plans and
plat for Winding Cypress Phase 1. 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 authorizes the Clerk of Courts to release
Performance Bond No. 09124289 in the amount of$155,300.00. Engineering Services will
issue a Memorandum to the Clerk of Courts upon approval of this item by the Board, advising
the Clerk of this action.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services / Growth
Management Division,Planning and Regulation
Attachments: 1)Copy of Performance Bond
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9/9/2014 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$155,300 which was posted as a development guaranty for
an Early Work Authorization (EWA) (PL20140000007)for work associated with Winding
Cypress Phase 1.
Meeting Date: 9/9/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
6/27/2014 7:07:31 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 7/2/2014 4:09:22 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 7/25/2014 11:43:05 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 8/19/2014 8:11:05 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/21/2014 10:14:20 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:54:57 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget
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9/9/2014 16.A.8.
Date: 8/21/2014 3:01:47 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/21/2014 3:44:44 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/25/2014 2:21:05 PM
n
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9/9/2014 16.A.8.
ITEM NO.: DATE RECEIVED:
FILE NO.:
ROUTED TO:
ILI - DPS - ()Dios-
DO NOT WRITE ABOVE THIS LINE (orig. 9/89)) I
REQUEST FOR LEGAL SERVICES „` 11 I,
Date: January 14, 2014
To: Office of the County Attorney
Attention: Emily Pepin, Assistant County Attorney
From: Matthew McLean P.E. Principle Project Manager (252-8279)
Re: Winding Cypress Phase 1 — Re-vegetation
PL20130001373 EWA
Performance Bond #09124289
14)191°1-& •
BACKGROUND OF REQUEST/PROBLEM:
Approval of Performance Bond for above project.
This item has not been previously submitted.
If I Engineering Review is requesting review of the attached document for lega sufficiency
before accepting the Performance Bond #09124289.
ACTION REQUESTED:
Please review the enclosed document and advise this office if it is legally sufficient.
OTHER COMMENTS:
N/A
Attachments
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• 9/9/2014 16.A.8.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO.09124289
DIVOSTA HOMES,LP
23411 Walden Center Drive,Suite 300
Bonita Springs FL 34134
WINDING CYPRESS
PL20130001373 EWA
(hereinafter referred to as"Owner")and
Fidelity and Deposit Company of Maryland
10 5.Riverside Plaza,5th Floor
Chicago II.60606
(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 one hundred fifty five thousand three hundred and
00100($155,300.00)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 subdivision plat named Winding Cypress,and that certain subdivision 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 date of final acceptance by the Board of County Commissioners of the
• specific improvements described in 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.
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 2nd day of December,2013.
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Bond No. 09124289
WITNESSES: DiVo -.m-s LP
.7"" icy--- By' =,�
Robert Porter Bryce Langen, Assistant Treasurer
Printed Name (Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF
DECEMBER. 2013,BY BRYCE LANGEN AS ASSISTANT TREASURER PULTE HOME CORPORATION
WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of MICHIGAN SKIRL-EYE.niiiiiiuw:
(SEAL) NOTARY pUBUC,STATE OF►.w
7 COUNTY OF WAYNE
My COMMISSION EXPIRES Mu 30,2u1
S "LEY E. �TCHINS ACTING INCOMNTIOF�
WITNESSE . IcL--23� Fidelity D posit Comp ny of Maryland
racy Pisciotto By: O' Al
(Provide Proper Eviden of Authority) FL Lic. No. A_37801
Printed Name Stephen T. Kaz r, Attorney-in-Fact
ACKNOWLEDGMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF
December,2013, BY(NAME OF ACKNOWLEDGERAS(TITLE)0/"(NAME OF COMPANY10 IS
PERSONALLY KNOWN TO ME,OR HAS PRODUCED power of AS IDENTIFICATION.
* Stephen T. Kazmer attorney
** Attorney-in-Fact
*** FidO, p - egfit Company of Maryland
1Illinois �1 OFFICIAL SEAL
� �c ._r... .�./ A-' ,�! BONNIE J. KRUSE OF ILLJNOIS
MOWN PUMA(SEAL) Printed Name'' p��NO
Bonnie J. Kruse
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"),by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,
constitute,and appoint Peggy FAUST,Kelly A.GARDNER,Stephen T.KAZMER,Bonnie KRUSE,Jennifer J.MCCOMB,James I.
MOORE,Dawn L.MORGAN,Melissa SCHMIDT,Donna WHALEN and Tariese M.PISCIOTTO,all of Westmont,Illinois, EACH
its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any
and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon
said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10th day of May,A.D.2013.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
WWUy � StAp,t,..
Eitm. _ ;Q=
nw LJ ! , oe /fi
BY
Assistant Secretary Vice President
Gerald F.Haley James M Carroll
State of Maryland
City of Baltimore •
On this 10th day of May,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,JAMES M.
CARROLL,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that
heishe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
moo
� r, y
Constance A.Dunn,Notary Public
My Commission Expires:July 14,2015
POA-F 036-0013A
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances,stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990,
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 2ndday of December ,2013
ft":71"t.\ (:0)
SEAL
Thomas O.McClellan,Vice President
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7
Co!l r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104
www.colliergov.net (239)252-2400 FAX:(239)252-6358
Rt4UIREt4 altdaiSTittS
The following must be provided to submit an EWA,this includes all attachments and exhibits:
❑ $500.00 Application Fee ❑ Addressing Checklist
❑ 2-Copies of the DEP Permit,if required ❑ 2-Copies of the USACE Permit,(if required
❑ 4—Copies of Plan Cover Sheet ❑ 2-Copies of the SFWMD E.R.P Permit(if required)
❑4-Copies Excavation Plan ❑ 4-Copies of Clearing Plan
❑ 4-Copies Erosion Control Plan ❑4-Copies of Fill Plan
❑ 2-Copies of letter of Authorization (if required)
REVEWATION Bantu LCUt. l dii» . ,.;,...
c t�?�..t"c +"1� 'E .x� t3• i,'$* �,'� S' � elii a} �.
77.65 $2,000.00 $155,300
1. Revegetation Bond of$2,000 per acre is required. /
2.Total Vegetation should equal that which is allowed for the EWA clearing.
Under penalty of perjury, I declare that I have read the foregoing application for Early Work Authorization
Permit and that the facts stated herein are true and further, that all preliminary construction activities are
conduct:• . .my wn ri-• an. .t no risk to Collier County
Signature Date
Chris Hasty, Director of Land Development
Printed Name and Title
Please return application and checklist items to:
Growth Management Division/Planning and Regulation
ATT: Business Center
2800 North Horseshoe Drive
Naples, Florida 34104
3/29/2013 Page 2 of 3
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