Agenda 11/18/2014 Item # 16A1011/18/2014 16.A.10.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929558792 in
the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.083,
(PL20120002276) for work associated with the Dunes.
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 project within The Dunes PUD, Ord. 00-
74. The Performance Bond was posted as security for an Excavation Permit associated with the
Dunes (PL20120002276). 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.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: That the Board of County Commissioners authorizes the Clerk of
Courts to release Performance Bond No.929558792 in the amount of $25,000.00. 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, Growth Management Division,
Planning and Regulation
Attachments: l) Copy of Performance Bond
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11 /18/2014 16.A.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 929558792 in the amount of $25,000 which was posted as a guaranty for Excavation
Permit Number 60.083, (PL20120002276) for work associated with the Dunes.
Meeting Date: 11/18/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Natural Resources
10/14/2014 9:35:09 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 10/21/2014 1:31:02 PM
Name: McKennaJack
Title: Manager - Engineering Review Services, Natural Resources
Date: 10/23/2014 1:10:22 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 10/23/2014 3:16:55 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 11/3/2014 1 1:34:43 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/3/2014 2:09:20 PM
Name: lsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 11/4/2014 9:43:08 AM
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11 /18/2014 16.A.10.
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 11/4/2014 12:58:15 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11 /4/2014 6:44:17 PM
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r -
Bond No. 929558792
11 /18/2014 16.A.10.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that OCT
Vanderbilt Partners II, LTD
3400 East Lafayette, Detroit, Michigan 48207
(hereinafter referred to as "Owner") and
Western Surety Company
101 South Phillips Ave, Sioux Falls, SD 57104 (248) 553 -7163
(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 twenty five thousand
Dollars ($25 000 ) 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 Planned Unit Development named The Dunes and that
certain site development 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 October /2012.
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11 /18/2014 16.A.10.
ITNESSES:
(Owner Name and Title if Corporation)
ITNESSES:
Western Surety Company ---
By:
By:
ickie Collins
Richard T. Brockhaus, Treasurer of C, G, Et S Investors, Inc., General
Partner of Vanderbilt Partners II, LTD
Holly Nichols
Angelo G Z rney -in Fact -
Sr. Bond Coordinator
Florida License No. P217130
ACKNOWLEDGEMENT
STATE OF Michigan
COUNTY OF Wayne
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF 3rd DAY OF October, 2012, BY Richard T. Brockhaus AS Treasurer of C, G, & S
Investors Inc General Partner of Vanderbilt_ Partners II, LTD OF Vanderbilt Partners II, LTD
WHO IS PERSONALLY KNOWN TOME, OR HAS PRODUCED SRI ub O Cow S'
AS IDENTIFICATION.
Notary Public - State of Michigan
(SEAL)
- -- Suzanne C. Wallace d��9�
;!JZANNE C. WALLACE
MARY PUBLIC, STATE OF MI
44y00MMISSO —
Din E
,, ANC IN C:pU'JTY �.,
.2023
ITNESSES:
Western Surety Company ---
_
By:
BY: — _ —_-- ==
Holly Nichols
Angelo G Z rney -in Fact -
Sr. Bond Coordinator
Florida License No. P217130
ACKNOWLEDGMENT
STATE OF Michigan
COUNTY OF Oakland
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
2nd DAY OF October, 2012, BY Angelo G Zervos AS Attorney -in -Fact OF Western Surety
Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of Michi n
(SEAL)
--M -
Veronda D. Gordon
..
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Western Surety Company 11 /18/2014 16.A.10.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
James R Gargaro, Gus E Zervos, Steve M Zervos, Angelo G Zervos, Donald W Burden, Holly
A Nichols, Individually
of Southfield, MI, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 9th day of July, 2012.
WESTERN SURETY COMPANY
0
anl T. Bmflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 9th day of July, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires +
'+ D. KRELL r
November 30, 2012 r NOTARY PUBLIC J
i SEAL SOUTH QAKOTA�Mi
+ A—ZA
�tititititi4ti94�titib�ftiM4�tititi4ti
D. Krell, Nq61Fr Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMP.404Y do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation minted on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this " 2nd -_ day of _ Detober 2012
� `WESTERN SURETY COMPANY
6 .
F W �w -
t Irg
J'�Tk pN�.�p•DDD. _
L. Nelson, Assistant Secretary
Form F4280 -09 -06
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11 /18/2014 16.A.10. -
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
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