Agenda 12/10/2013 Item #16A 5 12/10/2013 16.A.5.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929541565
issued by the Continental Insurance Company on behalf of Lennar Homes, LLC in the amount of
$30,641.75 which was posted as a development guaranty for work associated with Aqua Di Treviso
at Treviso Bay,Excavation Permit No. 60.069,Application PL20110001276.
OBJECTIVE: To have the Board of County Commissioners (Board) authorize the Clerk of
Courts (Clerk)to release a Performance Bond which was posted as a development security.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments. The securities, once accepted by Engineering Services,
are then sent to the Clerk for safekeeping. The Clerk ultimately requires Board authorization to
release the securities. The subject security was provided to Collier County on April 25, 2011, for
work associated with the lake excavation within Aqua Di Treviso at Treviso Bay and issuance of
the Excavation Permit. The work associated with this security has been completed and the
developer has fulfilled his commitments with respect to this security. Engineering Services has
received the As-Built Lake cross sections and inspected the lake for compliance with the
requirements of the Collier County Excavation Regulations (Article IV of the Codes of Laws of
Collier County). Therefore,the security may now be returned to the developer.
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. - SAS
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: Recommendation that the Board authorize the Clerk to release
Performance Bond No. 929541565 in the amount of$30,641.75, together with any amendments,
which had been posted for work associated with PL20111276. Engineering Services will issue a
Memorandum to the Clerk 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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12/10/2013 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 929541565 issued by the Continental Insurance Company on behalf of Lennar Homes,
LLC in the amount of$30,641.75 which was posted as a development guaranty for work
associated with Aqua Di Treviso at Treviso Bay, Excavation Permit No. 60.069, Application
PL20110001276.
Meeting Date: 12/10/2013
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environm
11/8/2013 9:52:52 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 11/12/2013 1:53:57 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 11/13/2013 1:45:55 PM
Name: StoneScott
Title:Assistant County Attorney
Date: 11/14/2013 8:58:00 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 11/15/2013 8:54:32 AM
Name: StoneScott
Title:Assistant County Attorney
Date: 11/15/2013 11:08:32 AM
Name: KlatzkowJeff
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12/10/2013 16.A.5.
Title: County Attorney
Date: 11/15/2013 2:16:38 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 11/21/2013 4:12:36 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/22/2013 9:20:18 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 11/22/2013 11:27:32 AM
oak
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12/10/2013 16.A.5.
• PERFORMANCE BOND
BOND NO._'9_29541565
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KNOW ALL PERSONS BY THESE PRESENTS:that:
Lerner Homes L1.0 (Name of Owner)
10481 Stan C l?gILSin Mu Cymress Wm„ (Address of Owner)
•
Fort Moira,FIL, $3966 ' __ (Address of Owner)
.(Hereinafter referred to as"Cwrter")and
_The Ctntinern tl Insu nnce Company__, (Name of surety)
• 2405 Lucien WE/
.r (Address of Surety)
. Maitland, FL $27:51 (Address of Surety)
40719-$9 (Telephone Number)
(hereinafter referred to as".Suretyr)are held and firmly bound unto Corner County,Florida,.(hereinafter
referred to as "County') in the total aggregate sum of ThineTremelvri semi gFetyonerwe'ntUr Dollars
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($_ j )In lawful money of the United States,for the payment of which suer well and truly
to be made,we bkxi ourseires,our heirs,executors,administrators,successors and ass.igns.;iointly and
severalty,finely by these presents. Owner and Surety are used for singular or plural,as the context
requires-
THE CONDMON OF THLi CIBUGATfDN Is such that whereas,the Owner has submitted kw approval by
• the Board of a certain subdivision plat named Paired I-Hogue Di Trwleo,Pt..2o110001210 and that
certain subdivision shall ireivde specific Improvements;which are required by Collier County Ordinances
and Resolution (hereinatair 'Land Development Regulations'). This obligation of the Surety shall
commence on the late the Bond is executed and shall continue until the date of final acceptance by the
Board of Count'{ Commissioners of the specific improvements described in the Land Development
Regulations(hereinafter the"Guaranty Period"),
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NOW THEREFORE.,if the Owner shall well,truly and faithfully perform he obligations;and duties
in accordance with the Land Development Regulations during the guaranty period established by the
County,and the Owner stoat 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 sn,.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, eeten:siac 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 lie deemed amended
automatically and immediately, without formal and separate amendments hereto,, so as to bind the
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Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations. The term"Annendment%wherever used in this Bond,and whether referring to this Bond,
or other documents shall Include any alteratlon,'addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties; hereto have caused this PERFORMANCE: BOND to be
executed this_2:3D1 day of /51.211 _---j 2Q 1 d.,------•WITNE.5SI�5 ------- La; as,L L - i•kkamdsInc., Flaade�loo Hxrdian
f
Printed Name _---- — _.w-------
--- e - rwn naioe'Ocmpany --__.—__-
13y.—_ �._
_�_.--------------kein a Lau,Abomey-Irk-Fact •
ACKNOWLEDGEMENT
COUNTY OF
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THE FOREGOING PERFORM. WAS ACKNOWLE:f.LGED BEFORE ME THIS DAY OF
—/_ __/___ _�.._ - — NAME
OF ACKNOMR.EDGE—_S
_ _(TrTL y — _—.(NAME OF
COMPANY)WHO IS PERSON .ALLY KNOW TO ME,OR HAS PROD ---
AS IDENTIFKATiON. --------
Notary Public--State oil
kat
{SEAL)
-----
Printed Name --~-- --
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POWER ON AT/S PEY APPOINTING INDIVIDUAL ATTORN 1-1rACI
•�' Knew All Men By These Presents,That Tins'Continental Insurance Company,a Pennsylvania insurance company,is a s:kdy organized and existing
bowsaws company having its prindpa!dike its to City of Chicago,and State of Illinois,and that it does by Orr a of the signature and seal herein
afl�saRfiab34y s ,constitute and appoint
• ( Irene Lau„I lthy R.Malt,lndivIdualiy
•
of Newport Reach,CA,its true and lawful Attorney(s)-in-Pact with full power and authority hereby conferred ILO sign,sett and eaccute for and on its
behalf bonds,and ettakingr and other obligatrey iostntmeats of similar nature
•In Unlhn teal Amounts•
and to bind them thereby as fully and to the.came extent as if such iasevmes#s were signed by a duly authorized officer or the insurance company and all
the acts of said Anuoaney,pursuant to the authority hereby given is hereby reified and confirmed.
This Power of Attorney is made and curetted pursuant to and by rusthedty of the]3y-law and Resolution,prititrxi on the reverse hereof,duly
adopted,as indicted,by the Board n1'Duectcas of the insurance comlatny.
hi Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 29th day of September,2011.
F 'Ibe Continental Insurance Cnipsui,
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althy Darcy t r'V'ice President
Struts of Illinois,County of Cook,an:
On this 29 h day of Sepirsslnx,2011,Wore me personally came Meth),Darcy to rue Brown,who,being by me duly sworn,did depose and say:
that she insides is the City of Glenview,ew,State of Illinois;that she is a Senior Vice President of Tlpe Continental In uranae Company,a Pennsylvania
insusa ece company,dearraiteed In and which executed de above instrument;that the knows the seal of said insurance cxsnapniy that the seal affixed to de
said huntsmen is nude cermet teal;that it Was scs affixed pursuant to snthsxisy given by the hoard of t)irprxona of odd insurance company and that she
signed ben mine thereto pursuant:tee]ntss authority„and acknowledges estee to be the act and deed of said insurance company.
wrowtraarrtos
My Comtnitttwnn l3cpizes September 17,2013 Itaiza c:e Notary Public
CE RTIFJtC.AxTE
I,:ftaty A.Ribikewakis,Assistant Se stsry crag"line Continental bnazarna:Company,*Pennsylvania iesttaauce conesruty,do hereby certify that the
Power of Anotney herein above set Ls th is still in foxae,and further arstify that the By-Law and:Resolution of the Board of Directors of the inau arax,
company printed on the reverse hermits still in form. In testimony Whereof I have hereunto subscribed my»tune and affixed the seal of the said
insurance company this�----- -'day of.....#94.44 ZQ -°----,--
, The Continental insurance Company
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Mary A.R ika* is Assistant Secretary
Itornl F6850-1201 l
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .
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State of Califomit____—_--
County of Orangm_---__�—____�.
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On APR 2 3 201? before me, Kathv R. Mair. Notary_ewil1 _
DAVE plum x Noisy Public and ilk'Mug,Pubic)
personally appeared Rem Lau -.__._..._..... ._...___.•___
twmos•ragnomg ---------�
who proved to me on the basis of satisfactory evidence to be the person*whose names)is/eFe
subscribed to the within Instrument and acknowledged to me that hash executed the same
in hieJher/•t elc authorized caparity(ies), and that by laislher/theic signatures} on the instrument
the person(), or the entity upon behalf of which the person(4 acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Calilbmia that the
inregoing paragraph is true and correct
s•_ fr.ATH rR.mA I WITNESS my hand.and official seal,
• Conrolaslon 0 184618
_'I Notary Public-CsMorals le
Omega County \
Comm.o Expires Maw V,.2012i � _ \t )� 11
M ss euse ar Mowry Pubs
"rhOUgh the information below is not required'by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
•
Titles or Typo of Document____ _ _� r,...
Ctoraxrtent Cate: Number of Pages:
S'igreer(s)Other Than Named,A,bova:
Capacittrlies)Claimed by Signer
Signer's Name: ..—_. 18t!!— _-- '"
_ ____......... Top of thumb hie
E] individual •
r] Corporate Officer—Titieis):
r] Partner—0 Untied (_]General
1E1 Attorney-in-Fact
0 Trustee
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E_] Guardian or Conservehr
I_] Other._
Signer is Representing:
Ales
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•Atutborlizitag By-Laws fund Resolutions •
AIOOITIID It1"111E BOARD OF ilIRECl'ORS OF'int3 CY)NIIM INTAL INSUF;ANCB C:OINPANY
'I}iIt Pot y e•of Attontey it made and exeurued pennant to and by authority of the:following fly-Law duly adopted by the Board of Directors of
the company.
"Article VI-Eaeeation of 1)ocaunnts
Section 3. Appointment of Attorney-in-Rut. The Chairman of the Itoard of Dincton,the President.et'any Executive or Senior Vice
Prettdeat may,team time to time,appoirrt by written certificates tes al w.me•.ys-in•tact to ate in behalf of the Company in the execution of
policies of insurxoce,bonds.ondertakinia and other obligatory atstnimnus of like nature. Such attorneys-in-him.subject to the limitations
set frith in theiraespectivc aatificsum of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to atmch the teal of the Company thereto. The Qininnan of the Board of Direction,the President or any Executive or
Senior Vice President or Wee Board of Dnx:tom,may,at any time„revoke all power and authority pntvioualy given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following;Resolution adopted by the Executive
Committee of the Board of Directors of The Cemtinent (Insurance Company by twnisnoas written consent dated the 1.3°)day of January.198!):
RESOLVED,that the signatures of such officers and the end of the Company my be affixed to any such Power of Attorney or to any
certificate*elating thereto by facsimile,toad any such Power of Attorney or certificate bearing such facsimile mdly:utures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the fugue with respect to any bond,undertaking or contract of
suretyship to which It is winched."
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