Agenda 09/10/2013 Item #16A29 9/10/2013 16.A.29.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a security in the amount of$218,600
which was posted as a development guaranty for work associated with Bent Creek Preserve Phase 1
(PL20130000043).
OBJECTIVE: To release a security 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 security was provided for work associated with a planned residential project. The
Performance Bond was posted as security for clearing associated with an Early Work
Authorization for the Bent Creek Preserve Phase 1 project. On April 23, 2013, the Board of
County Commissioners approved the final plat and construction plans for Bent Creek Preserve
Phase 1 (PL20120001267). Once the construction plans for this project were approved, the bond
is no longer required because the clearing is included as part of the construction plan approval.
FISCAL IMPACT: There is no fiscal impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board 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 Performance Bond No. SEIFSU0401542 in the amount of
$218,600.00 to Bent Creek Preserve, LLC. 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, Engineering Services, Growth
Management Division, Planning and Regulation
Attachments: 1) Copy of Performance Bond
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9/10/2013 16.A.29.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.29.
Item Summary: Recommendation to authorize the Clerk of Courts to release a security in
the amount of$218,600 which was posted as a development guaranty for work associated with
Bent Creek Preserve Phase 1 (PL20130000043).
Meeting Date: 9/10/2013
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
8/7/2013 4:14:32 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 8/13/2013 8:56:32 AM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 8/14/2013 4:38:30 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 8/19/2013 7:31:36 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 8/21/2013 10:01:02 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 9:57:51 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 8/23/2013 4:44:28 PM
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9/10/2013 16A29.
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 10:47:48 AM
Asok
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- 9/10/2013 16.A.29.
. PERFORMANCE BOND
(EARLY WORK) Bond No SEIFSU04Ci1542
KNCrt+ir ALL PERSONS BY THESE PRESENTS:that BENT CREEK PRESERVE, LLC
825 Coral Ridge Drive,Coral Springs, Florida :33071 (154)34+34040(hereinafter referred to as"Owner")
And
international Fidelity Insurance Company,One Newark Center,20th Floor,Newark,NJ 07102
(NAME OF SURETY)
(ADDRESS/TELEEPHONE .NUMBER OF SURETY)
1-800-:333-4167
(hereinafter referred to as 'Surety') are held and firmly bound unto Coliier County, Florida, (hereinafter
referred to as"County) in the total aggregate sum of Two-hundred eighteen thousand and 001100 dollars
($218,1500.00) in lawful money of the United Slates, for the ipayment 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 pat namedand that certaain 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,MEREFORE, if the Owner shall wall,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.
i'ROViC)E.0►, F'LIR'THi.R, that it is expressly :agreed that the Bond shall be deemed amended
automatically and immediately, Without formal arid 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 I
other documents shall include any alteration,addition or modification of any character whatsoever.
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE E3OND to be executed this
3rd__--- --__-- day of January _, le L 13:-
3entt —
WITNESSES: _—_ ----- -reel(Pre ry4-7- 2 --, -- -?
Printed Name__,t=-a��-ete �e\r, '.` ---_--Reber t Stye Ple 'ice President -�
Rte._--
_-,xL�411—;Li1i > _� ___—_ Pravlde Proper olden of Authort +`
Print_cf Name .; - , r"�-'-`- —�-___--_---- 't.�
•
IIIIIIIIMIIIIIIIIIIIIIIIIINIIIIIIIIIIIIINIIIIIIIIINIIIIIIIIIINIIIIIIMIIIIINNIMIIIIIIIIIIIIINIIIIIIMMIIIIIIIIII
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ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF BROWARD
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED'BEFORE:ME THIS:;'sL DAY'OF
—Za,,43. 4.,____,20.134-B-Y-ROEECULTIEGELE,AS VICE PRESIDENT OF BENT CREEK
PRESERVE,Lit,Wr5 IS PERSONALLY'ENyN 10 ME,FOR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State cit`F10 rida._. _. ...
(SEAL) _
,, DIANE ,JORDAN
�:ECr �_�-� ��' Jy. _� •�R71 t ?
O x DD "789
3 M
•Sm @• _ _ V184115:11r EXPIRES Febniary C2,2014
I lorid�lintnrf»rvlo�.am+
_ International Fidelity Insurance Company
Wri1VE SE:S:As per attac ecTpalME:r oc attorney �^ S
--- flurety Narne It1?I Cap riition
• Print:ecl Narne�_�--_�-`-'-- - Printed Name/ tle BretttFosenhaus•,Attorney to fact
----�� (Provide Proper ByIdence sl4utiiorit
Prinked Marne _____ __---
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Palm Beach _r
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
3rcl ___ DAY OF January ,20 ):3 ,BY Brett.Rosenhaus ' AS Attorney in fact
OF-International Fidielity WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS
IDENTIFICATIONInsurance company
Notary Public-State of �Qjda __
(SEAL)
9/711iltA/P
rintq ame
Jacluis Favors JAOL1iB*YANA FAVORS
MY CO/AM MON S EE170344
EXPIRES Um*14,MG
V471364111 haillsegftyllervo mom
Approved as to form&legal sufficiency
Assistant County Attorney
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ildi4E:OD1T1C E' ONE NE+14i'atICCE1NTER'2071rPL1DOR
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KNOW A:I,L•MEN BY THESE PRESEDEPS That Ul'CIERNATiONAI.FIDELITY.INSURANCE COMPANY; a corporation organized and exisurg
taira of the Stale of blewJeasey,and having its principal office ir,the City of Newark,New Jersey,domes hereby conniwte and appoint,
t .JASON KAT BRETT•RUSE;NEIAAUS
.
Lake wort4,n..,
its true and lath 1 attorney(s)in-fact to execute,stal and deliver for and on its behalf RN surety,any and elf bonds and tnx?ertakings,.contracts of indeatnity Ind ,
other writings"obligatory:m the nature thereof, which are or may be allowed rotltdaed or T7ae:rananed by law,stature:ndc,regulation,contract or otherwise and '
the execution;sal such unb>bnient(s) in tai suan ce of'these presents,•shall ben as:binding upon the said IFTICRNATIt)NA.L FIDELITY,INSURANCE
COMPANY,as fully and amply,to all interns and purposes:as if the stone had teen duly executed and acknowledged by its regularly-elected officers a its '
' pmxapal office,
Thin Power of Attorneyy�is executed,anti may_be:revoketi:IRaausmt to and by authority of Article 5-Section 3,oldie By-Laws adopted by the Board of'
ectors of INTERNATIONAL F IHiLMI'INSCRYN COMPANY at a eneeling-caalied arid held on the 7th day of Febntary,,1974, .
Din, ,
The President or 2ny trice'President, Ecetutive Vice Fr_xident,Se cretsry at,Assiataht,'Secittary.;,siallJi,,.
a piiwi rlrrd,authority
CII)To apptiin.,kanrneya iii facet.=axl to authorize.hem to execute on behalf of the Conxnpanf and attach the Seal of the Company thereto,bonds and
•-'un derxkings,aritracts of indemnity and othct taunting.t obligaitory in the nata:re.thereof and,
' (2)To retnnve:;at any time,any suc'iattorney in-in revoke the authority,given
Further,this Power of Attorney a signed and&tadxiby tacsimile pursuant to resolution elfin Boardl o'Dimmers of said Company adopted at a meeting
:' ;' duly called and help on the 29th day of April, 1982 cd-which the foliavAng is a Otte excerpt. .
Now therefore the signatures of such officers and the seal of the Company may lm affixed to try such timer of attorney or any certificate relating thereon by
-facsimile,and:any such power of attoerrey or cerfimite bearuig aucbtfacsinute sign:m Tres or facsimile send shall he valid and bind mg upon the Company and any
such.power sc executed aridccrdfiad by facsimile uignattures and facsimile seal shall-be valid and binding upon the Company in the future with:respect to any
.bond or undertaking 1m-which it is attached. .
_s %TY t t, : I 7.13 and I its eNoff NVHEe s�ratl 9,I T c� TIONAtL I IDLL19'1C INSI.RLCNCF C:INII'ANY hats caused-this instrument to be
t/� )y its aithonzed officer,this 16th day at'October,A.I),1007;•
V SEAL e^ INTERIa1A'C[ON,o,L FIDELITY l."INSURANCE COMPATY'
am rri ,
.r � °4' .. / ST.A 7I:OF Eli,JE:Ft,'li'f
1y iE �, County 3f Essex. �.�-^ ,r—�at'�'
Secrtnary
On•tbis 16@i'day of October 2007., belbre me carne the individual who executed thin proceeding instrum m
ent,to me penionall known,and, being by me duly
sworn,said the he is the therein described arid entrant:ad officer of the INTERNATIONAL FIDELITY f:NSG'FtiLNCI,COMPANY;that theseal-affixed to
sail instrument is the:.Cogxara,e,Seiia cf said Company;that the said Corporate Seal and his..signature were duly affixed by order cif the Board of Directors of
_said'Company.
`hp0,,a,Vr V >�",%.f` IN IOs CIMDNY\VHE..RL'()P:Chave hereunto:let my trout alTixed ray Caff cial Seal,
� 0 C'... G ., at the City of Newark,;New fersey'the clay'and'yeer first above written.-Cs 1
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' ,OF r le\ot�� A NOTARY PUBLIC OF`_NEW JERSEY
CER'RO'IGATION My Commission Exprres Mara:.27.2014
t,the undersigned officer of INTERNATIONALPIDELYTY INS'URd.NC.1 C'C)!MPANY ho hereby certify that:::nave compared the foregoing copy of be
'Power of Attorney and.affidnvit and-the copy of the Set:tlor,of the By-Laws of sa.id Company as=set fonh in said Power of Attorney,with:Me ORIGINALS ON
IN THE HOME OFFICE 01?SAID?COMPANY,.and that than tame art correct transcripts thereof,and of the whole of the said originals:-and that the said Prwer
of,fttorney has not been re:vokedand is now in full force and effect -
iYTEST1hiONY"WHEREOF,-I hin t herrianto set my haul than r3 r -d113.of `�(Q Ni) CI r. .9 (>16 13 •
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