Agenda 03/12/2013 Item #16A 1 3/12/2013 16.A.1 .
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$376,860.76 which was posted as a development guaranty for work associated with Germain Toyota
(Application Number AR-14125).
OBJECTIVE: To release a Performance Bond 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 Performance Bond was provided for work associated with a Site Development Plan
(SDP). The developer obtained a Certificate of Occupancy on a new building while the former
dealership buildings were still in place. The security was posted to ensure the demolition of the
former site. Once the demolition of the existing structures was completed the Performance Bond
is no longer necessary. Engineering Services is unaware of any issues which would negate this
recommendation.
FISCAL IMPACT: Other than routine staff and office costs there is no fiscal impact associated with
this matter.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
is legally sufficient, and requires majority support for approval. —ERP
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: Recommendation that the Board.of County Commissioners authorize
the Clerk of Courts to release the Performance Bond in the amount of $376,860.76.
Engineering Services will issue a Memorandum to the Clerk of Courts upon approval of this
item by the Board of County Commissioners. Upon receipt of the original Performance Bond,
Engineering Services will return the document to the applicant's authorized agent and obtain
confirmation from the recipient.
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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3/12/2013 16.A.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$376,860.76 which was posted as a development guaranty
for work associated with Germain Toyota (Application Number AR-14125).
Meeting Date: 3/12/2013
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
2/4/2013 8:05:18 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 2/5/2013 2:12:02 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 2/6/2013 4:18:49 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/14/2013 11:33:12 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 2/28/2013 10:59:04 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/28/2013 2:37:40 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/1/2013 4:53:48 PM
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3/12/2013 16.A.1.
Name: OchsLeo
Title: County Manager
Date: 3/3/2013 10:55:47 AM
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3/12/2013 16.A.1.
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 80086621
KNOW ALL PERSONS BY THESE PRESENTS: that
GERMAIN NAPLES LLC DBA GERMAIN TOYOTA OF NAPLES
13315 N.TAMIAMI TRAIL
NAPLES,FL 34110
(hereinafter referred to as "Owner")and
THE GUARANTEE COMPANY OF NORTH AMERICA,USA
25800 NORTHWESTERN HIGHWAY,SUITE 720
SOUTHFIELD,MI 48075
(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 Three hundred seventy six thousand, eight hundred
sixty dollars and seventy six cents ($376,860.76) 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 Site Development Plan named Germain Toyota, AR No. 14125
and that certain Site Development Plan 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 a satisfactory
final inspection by the Growth Management Division of the improvements and release of the Performance
Bond by the Board of County Commissioners(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.
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Collier County Land Development Code
Performance Bond No: 80086621
Page 2
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
26th day of June,2012 .
GERMAIN NAPLES LLC DBA GERMAIN
TOYOTA OF NAPLES
4.12ite-;/... 9
ri-hq i n 4'4-4,
Witness: V Print Name&Title: V
State of: r IDtIe t
County of: CD 11 L (
On this 21 day of - trit, , 2012, before me personally appeared 4.1e4 L jet-krief)rl , to
me known, who byi e being duly sworn, did acknowledge and say
that he/she is f'vI$ of ✓e--iwi f)rt /ValL.J L L c and
that he/she is duly authorized to execute the foregoin g agreement in e name of and for the company.
Notary ublic: ,� kDstS,Lp14Oa
"5:4: A I(OUSKXNR3IS I a/ l
," IdyCOAprgSSiDrtSEEtleasa Commission Expires: / , /,f
„dam ,o EXPIRES:December 2,2015 i
`%t, •;., Bonded Thru Notary Public UndenvAl�i� ;p
THE GUARANTEE COMPANY OF NORTH
►r AMERIC• U
fII ,
Witn r:Deleida Muiiecas D.W.Matson,III-Attorney-In-Fact
State of: Florida
County of: Miami-Dade
On this 26th day of June, 2012, before me personally appeared D.W. Matson, III, to me known, who by me
being duly sworn, did acknowledge and say D.W. Matson,Ill that he is Attorney—In-Fact of The Guarantee
Company of North America, USA and that he is duly autho4&l to exec the foregoing agreement in the
name of and for the company. /
, /Lkili /1,1:7/
NOTARY PUBLIC-STATE OF FLORIDA
S. Indiana Espinoza- Netart'Public: Indiana Es.'ioza
' =Commission#EE083592 Commission Expires: cl /3 ZOI
%.,' ,,I Expires: APR.13,2015
BONDED TER II ATLANTIC Ea.):,DING ca,Tn.
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