Agenda 09/09/2014 Item #16A16 9/9/2014 16.A.16.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5032324 in the
amount of$31,205.70,which was posted as a guaranty for work associated with Players Cove, Site
Development Plan(SDP)AR-6927.
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 Players Cove SDP AR-6927. 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
tTh
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. 5032324 in the amount of $31,205.70.
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.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. 5032324 in the amount of$31,205.70, which was posted as a guaranty for work
associated with Players Cove, Site Development Plan (SDP) AR-6927.
Meeting Date: 9/9/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Natural Resources
7/21/2014 12:00:46 PM
Approved By
Name: McKennaJack
Title: Manager-Engineering Review Services,Natural Resources
Date: 7/25/2014 11:53:55 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 8/4/2014 12:03:24 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 8/19/2014 8:17:53 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 8/21/2014 10:14:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/21/2014 2:54:14 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 8/21/2014 3:46:18 PM
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9/9/2014 16.A.16.
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/21/2014 5:57:45 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 8/25/2014 3:19:29 PM
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Bond No. 5032324
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
•
KNOW ALL PERSONS 13Y THESE PRESENTS: that Stock Development .
26c.7 Professional Circle,Suite 1201
Naples,FL 34119
(hereinafter referred to as "Owner") and. Bond Safeguard Insurance Company
1919 S.Highland Avenue,Bldg.A-Suite 300
Lombard,IL(i0145
(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 Thirty One Thousand'Ewo Hundred Five and 70/100 (5:31..2.05.70) in lawful
money of the United Stases, fiat- 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 Players Cove and that certain subdivision shall include specific improvements which are
required by Collier County Ordinances and Resolutions (hereinafter '':Lard 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 fa.ithfuay 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 indenurfy 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,
FRCVIDED., 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 FI;RTHER. that it is expressly agreed that the Bond shall be deemed amended automatically and
immediately, without h.-wiz.' 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"Amend.rnen.t," wherever used in
this Bond_ and whether referring to this Bond, or other documents shall include any alteration. addition or modification
of any character a,hatsoe‘en.
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IN WITNESS. WHEREOF, the parties hereto have caused this PERFORMANCE BOND :o he executed this 5th day of
Mar:h,2008.
.dl '/211ZA ) � Principal: Stock Dev opment. LLC
to Signature 54
�.�Jit L-s sg„-.iluT
Surety: Bond Safeg rar1 nsurance Company 2
c'K SAL_—`1� J,- 1 :V�� By: __ �% tGLtila_la(„_--z--
`Niti ss Si6k tur \ \ Dawn L. Morgan,Attorney-In- t
\.. FL License No. P01 1322.
'Nit less Signature \..../
•
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• 9/9/2014 16.A.16.
•
POWER OF ATTORNEY AO 5 6 6 4 4
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,Stephw T.Kanner,Dawn L.Morgan,
Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer.r.McComb,Melissa Schmidt,Joel E.Speakman,Heather A.Beck,Tariese M.Pisciotto
its true and lawful Attorney(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 o!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 Co npany. •
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 signet' by its
President, and its Corporate seal to be affixed this 7th day of November,2001.
• hw.- ft BOND SAFEGUARD INSURANCE COMPANY
a. AN
IIaAKaa
Mt/RANCE z --2
CoaaMNV
f �, %i/r�
`∎ BY r � " -
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.
SEAL"'�I"OFFICIAL"OFFICISEAL" '� { �� �tcl„�
1VMAUREEN K AYE --- Maureen K.Aye
Notary Public,State of Illinois tary Public
My Commission Expires 09/211(19
CERTIFICATE
I,the undersigned,Secretary 01 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 net been
revoked and the resolutions as set forth are now in force.
Signed and Sealed alt Lombard, Illinois this 5th Day of /%1 arch. _, 20-SOS
a $ - ,g 4)
ROMANCE CE ---- _ I ,
2. ewMPaur /$ Donald D. Buchanan
_ c 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 information_or nnnepwrse for the purpose of misleading, Information concerning any fact
material thereto,commits a fraudulent insurance act,whl Packet Page-627-:IS such person to criminal and civil penalties."
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9/9/2014 16.A.16.
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STATE OF: ILLINOIS
COUNTY OF: DUPAGE
On March 5, 2008, 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, and he duly acknowledge to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
• official seal, the day and year stated in this certificate above.
• My Commission Expires March 14, 2011
Irene Diaz d7)
MAMINAWAWAA
OFFICIAL SEAL
IRENE CIAZ
NOTARY PUBLIC.STATE OF ILI.INO13
MY COMMISSION EXPIF;ES:03/14111
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