Agenda 03/26/2013 Item #16A 63/26/2013 16.A.6.
n
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the
amount of $75,000 which was posted as a development guaranty for work associated with
Lee County Electric Company (LCEC) sub - station, (Application Number AR- 13608).
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
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.
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.
FISCAL IMPACT: There is no fiscal impact.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's
Office, is legally sufficient, and requires a majority vote. 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 $75,000.00
associated with AR- 13608.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services / Growth
Management Division, Planning and Regulation
Attachment:
1) Copy of Performance Bond
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3/26/2013 16.A.6.
COLLIER COUNTY
Board of County Commissioners
item Number: 16.16.A.16.A.6.
item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $75,000 which was posted as a development guaranty for
work associated with Lee County Electric Company (LCEC) sub - station, (Application Number AR-
13608).
Meeting Date: 3/26/2013
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
2/26/2013 10:40:13 AM
Approved By
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 3/5/2013 9:20:36 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 3/5/2013 9:54:57 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/8/2013 4:06:45 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/13/2013 7:30:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/13/2013 8:28:19 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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Date: 3/15/2013 12:52 :56 PM
Name: OchsLeo
Title: County Manager
Date: 3/15/2013 2:56:38 PM
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3/26/2013 16.A.6.
3/26/2013 16.A.6.
^, COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. 09 BD 002 -12 -001
KNOW ALL PERSONS BY THESE PRESENTS: that
LEE COUNTY ELECTRIC CO -OP, INC.
4980 BAYLINE DRIVE
NORTH FT. MYERS, FL 33918
(hereinafter referred to as "Owner ") and
FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE
11875 W. 85TH STREET
LENEXA, KS 66214
(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 SEVENTY -FIVE THOUSAND Dollars ($75 000.00 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 SDP -AR -13608 LCEC SERVICE CENTER IN IMMOKALEE
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.
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3/26/2013 16.A.6.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
21 ST day of NOVEMBER. 2012.
LEE Ca NTY E C -OP, If
Printed Name
ACKNOWLEDGEMENT
STATE OF FtQ r, c10.--'
COUNTY OF L.,EP,
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
(P / Nov/ . 20 U-2 , by
PMn Ni Q .(2r-.A n Sr' (NAME OF ACKNOWLEDGER) AS jC P
(TITLE) OF L.CCc (NAME OF COMPANY) WHO IS PERSONALLY KNOWCV4
TO ME, OR HAS PRODUCED �2e,r'S 11.,j KrY��.71 AS IDENTIFICATION.
Notary P blic - State of P161-1 eqn—,
(SEAL) T ''� COLLEEN A HUMPHRIFS
C.:ol /ee, -a IQr • /-� �,�j fyI •: MY COMMISSION # EM2015
Printed Name EXPIRES 3eptembara3.2U18
Federa)eo Rural ectr } Isprance Exchange
BY:
Jennifer L. Henze, Attorney -In -Fact
Printed Name
ACKNOWLEDGEMENT
STATE OF KANSAS
COUNTY OF JOHNSON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 21ST DAY
OF NOVEMBER, 2012 by JENNIFER L. HENZE (NAME OF ACKNOWLEDGER) AS UNDERWRITER
(TITLE) OF FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE (NAME OF COMPANY) WHO IS
PERSONALLY KNOW TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public - State of
till
Printed Name
A. FRANTZ
Notary Puft • llib of Kan m
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3/26/2013 16.A.6.
Electric Management Corporation
rdera� e�� A reciprocal exchange managed by Federated Rural Elect g P
RURAL MIC
N E Your Touchstone Energy' Partner
XCHANGE
r---
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power -of- Attorney is not valid unless attached to the bond which it
authorizes executed.
FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE, a Kansas corporation, having its office in the City of
Lenexa, State of Kansas, does hereby make, constitute and appoint Jennifer L. Henze, Underwriter in the City of Lenexa,
County of Johnson, State of Kansas, its true and lawful attorney -in -fact, at Lenexa, in the State of Kansas, to make, execute,
seal and deliver for and on its behalf, and as its act and deed, bonds, and license and permit bonds; tax, lien, and
miscellaneous bonds; required by Federal, State, County, Municipal Authority, or other obligees.
This power void if altered or erased.
The acknowledgment and execution of any such document by the said Attorney -in -Fact shall be as binding upon the
Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
This Power of Attorney is granted, signed and sealed by original or facsimile under and by the authority of the following
bylaw as adopted by the Board of Directors and stockholders of Federated Rural Electric Insurance Exchange at a meeting
duly called and held on the 12th day of April, 1984.
"The president shall be the chief executive officer of the corporation. He shall have.authority, subject to
such rules as may be prescribed by the Board of Directors, to sign, execute and acknowledge, on behalf of
the corporation, all deeds, 'mortgages, bonds, stock certificates, contracts, leases, and other documents or
instruments necessary or proper to be executed in the course of the corporation's regular business, or which
shall be authorized by resolution of the Board of Directors; and, except as otherwise provided by law or the
Board of Directors, he may authorize any Vice- President or other officer or agent of the corporation to sign,
execute and acknowledge such documents or instruments in his place and stead."
IN WITNESS WHEREOF, F derat d Rural El Insurance Exchange has caused these presents to be signed by its duly authorized
officers this 21stday of November �
FEDERATED RURAL ELECTRIC INSURANCE EXCHANGE
BY President/CEO
Assistant Secretary
STATE OF KANSAS )
) ss:
COUNTY OF JOHNSON )
On this 21st day of November , 2012 , before me, a Notary Public, personally appeared Philip D. Irwin and
Jennifer L. Henze, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of said
Corporation.
,,$Ay ��c PATRICIA& ROGERS
My Apm Exores Jan 24.2013 NOTA B I
P.Q. Box 15147, Lenexa, KS 66285 -5147 3 11875 W. 85th Street, Lenexa, KS 66214 -1519
Tel: (800) 356 -8360 / (913) 541 -0150 :°' Page -482 82 -
Packet Pa d Web site: www.federatedrural.com
3/26/2013 16.A.6.
This endorsement changes the bond.
0. rretterated. Please read it carefully.
1 X" W& r
Effective 11/21/2012 12:01 a.m. standard time, this endorsement forms a part of
Bond No. 09 BD 002 -12 -001 issued by the Federated Rural Electric Insurance Exchange to:
Lee County Electric Co -op, Inc.
BONDHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
Coverage for acts of terrorism is included in your policy. You are hereby notified that under the
Terrorism Risk Insurance Act, as amended in 2007, the definition of act of terrorism has changed. As
defined in Section 102(1) of the Act: The term "act of terrorism" means any act that is certified by the
Secretary of the Treasury- -in concurrence with the Secretary of State, and the Attorney General of the United
States - -to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or
infrastructure; to have resulted in damage within the United States, or outside the United States in the case of
certain air carriers or vessels or the premises of a United States mission; and to have been committed by an
individual or individuals as part of an effort to coerce the civilian population of the United States or to
influence the policy or affect the conduct of the United States Government by coercion. Under you coverage,
any losses resulting from certified acts of terrorism may be partially reimbursed by the United States
Government under a formula established by the Terrorism Risk Insurance Act, as amended. However, your
policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear
events. Under the formula, the United States Government generally reimburses 85% of covered terrorism
losses exceeding the statutorily established deductible paid by the insurance company providing the coverage.
The Terrorism Risk Insurance Act, as amended, contains a $100 billion cap that limits U.S. Government
reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the
amount of such losses exceeds $100 billion in any one calendar year. If the aggregate insured losses for all
insurers exceed $100 billion, your coverage may be reduced.
The portion of your annual premium that is attributable to coverage for acts of terrorism is $0, and does not
include any charges for the portion of losses covered by the United States Government under the Act. r1
Terrorism Endorsement (01 -08) Page 1 of 1
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