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Agenda 09/09/2014 Item #16A15 9/9/2014 16.A.15. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5032322 in the amount of$30,181, which was posted as a guaranty for work associated with Alden Woods, Site Development Plan(SDP)AR-7819. 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 10.02.03 D.5.b of the Collier County Land Development Code. 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 Lely Resort PUD. The Performance Bond was posted as security for remaining drainage and paving improvements within the Alden Woods SDP AR-7819. The drainage and paving improvements have received a satisfactory inspection 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 (Board) authorizes the Clerk of Courts to release Performance Bond No. 5032322 in the amount of $30,181. 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 Packet Page-615- 9/9/2014 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. 5032322 in the amount of$30,181, which was posted as a guaranty for work associated with Alden Woods, Site Development Plan (SDP)AR-7819. Meeting Date: 9/9/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 7/21/2014 11:57:53 AM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 8/4/2014 10:20:47 AM Name: McKennaJack Title: Manager-Engineering Review Services,Natural Resources Date: 8/13/2014 3:34:13 PM Name: StoneScott Title:Assistant County Attorney,CAO Land Use/Transportation Date: 8/19/2014 8:17:42 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/21/2014 10:14:35 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 2:54:06 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 8/21/2014 3:02:10 PM Packet Page-616- 9/9/2014 16.A.15. Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/21/2014 3:46:10 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 8/25/2014 2:20:58 PM li Packet Page-617- 9/9/2014 16.A.15. Bond No. 5032322 n, COLLIER COUNTY LAND DEVELOPM:ENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Stock Development 2647 Professional Circle,Suite 1201 Naples,FL 34119 (nercinatter referred to as "Owner") and Bond Safeguard Insurance Company 1919 S.Highland Avenue,Bldg. A-Suite 300 Lombard,IL 60148 (hereinafter referred to as "Surety") are held and firmly bound unto Collier Comity,Florida, (hereinafter referred to as "County") in the total aggregate sum of Thirty Thousand One Hundred EiPlitv One arid 00/100 ($30,181.00) 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 Alden Woods and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions(hereinafter "Land Development Regulations"). This obligation ci'tle Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by r re 3oard of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter th-e `Chuarany Period") NOW, THEREFORE:, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with tae 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 camages 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 ::n making good any default, then this obligation shat 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. Packet Page-618- r 9/9/2014 16.A.15. 1N WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BONE) to be executed this 51"day of N1arch,2008. 1 -1, p � I , _ �..u-,G____-_/h (/ _� Principal: Stock Dev pment,LLC __::Witn Signature 2.7N-421_,..-_-Y !_..04. JsSinatlffe 6 ir Surety Bond Safeguard Insuranze Company A VIe ess Si 7ann't Daum L. Morgan,.4.ttomey-1 act ��.,� FL License No, P011322 itness Signature ,\ II Packet Page-619- 9/9/2014 16.A.15. POWER OF ATTORNEY AO 3 O O + L frond 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: lames I.Moose,T.rerrc Diaz,Bcmm,e Kruse,Stephen T.Kazmer,Dawn L.Morgan, Peggy Faust,Kelly A.Jacobs,E:aine Muc s.,Jennifer I.McComb,Melissa Schmidt,Joel E,'Specianan,Heathy..K.-Beck,Mine A.7>ci<mo"•i r�«.sis ss�- its true and lawful Attorney(s)-In-Fatal to make,execute, seal and deliver for, and or 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 F'residert 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, arid 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 Dower 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 SAIFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate seal to be affixed this 7th clay of November, 2001. *�'r�N8 BOND SAFEGUARD INSURANCE COMPANY R �. % 9/9/2014 16.A.15. • STATE OF: ILLINOIS COUNTY OF: DU PAG E On March 5, 2003, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Dawn L. Morgan known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, arid he duly acknowledge to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand arid affixed my official seal, the day and year stated in this certificate above. My Commission Expires March 14, 2011 \. Irene Diaz 1 OFFICIAL SEAL IRENE DIAZ NOTARY PUBLIC-STATE OF IU.INOIS k MY COMMISSION EXPIRES:D3114111 Packet Page-621-