Agenda 11/13/2012 Item #16A1011 /13/2012 Item 16.A.10.
EXECUTIVE SUMMARY
Recommendation to authorize the release a Performance Bond in the amount of $104,450 which
was posted as a development guaranty for work associated with Arthrea Commerce Park
PL2011000783.
OBJECTIVE: To have the Board of County Commissioners authorize the release of 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 Vegetation Removal and Site Filling Permit ( VRSFP). The developer obtained
the VRSFP in order to clear the site in advance of the issuance of the building permit. Once the building
permit is issued, the VRSFP is no longer necessary. Engineering Services is unaware of any issues which
would negate this recommendation.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this
Executive Summary for legal sufficiency. This item requires a majority vote. This item is ready for
Board consideration and approval. ERP
RECOMMENDATION: Recommendation that the Board of County Commissioners authorize the
release of the Performance Bond in the amount of $104,450.00, for improvements associated with
Arthrex Commerce Park, PL2011000783. 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 Perfonnance 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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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10.
11/13/2012 Item 16.A.10.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the
amount of $104,450 which was posted as a development guaranty for work associated with
Arthrex Commerce Park PL2011000783.
Meeting Date: 11/13/2012
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Environm
10/15/2012 7:55:54 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 10/17/2012 8:50:44 AM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 10/19/2012 1:31:32 PM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 10/24,2012 11:37:40 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10,/26,12012 8:04:16 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/26/2012 2:45:45 PM
Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 10/26/2012 4:24:22 PM
Name: OchsLeo
Title: County Manager
Date: 11/3/2012 10:52:24 AM
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11/13/2012 Item 16.A.10.
11/13/2012 Item 16.A.10.
PERFORMANCE BOND
BONDNO, 105509479
KNOW ALL PERSONS BY THESE PRESENTS: that
RES Collier Holdings LLC
(Name of Owner)
1370 Creeltside Blvd
(Address of Owner)
Naples FL 34108
(Address of Owner)
(Hereinafter referred to as "Owner") and
Travelers Casulaty & Surety
(Name of Surety)
Company of America
One Tower-.Sc uare 3PB
(Address of Surety)
Hartford, CT 06813
(Address of Surety)
( 800) B73-1477
(Telephone Number)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") In the total aggregate sum of one hundred four thousand four hundred and My Dollars
($ INASO.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 of a certain subdivision plat named Ad"rexGornree Nuk 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 (hereinafterthe "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
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11/13/2012 Item 16.A.10.
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 acry character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFO MANCE BOND to be
executed this �'1 day of C'f' l� 2Q
WITNESSES:
(O er a and Title if p t) }
By:
Printed Name
Printed NameMle 0_ i' tan �-' A .S4-ra% -c _ -
(Provide Proper Evidence of Authortry) -I)c) w o} 14 4aRne--i
Printed Name
ACKNOWLEDGEMENT
STATE OF 1 On A ot-
COUNTY OF
pffrnerl( 6c
THE FOREGOING PERFORMANCE BOND WAS ACKNO DGED BEFORE ME THIS DAY OF
20 by S (NAME
OF ACKNOWLEDGER) AS 4?ow4c cam- A}'�m1(�TLE) OF {NAME OF
COMPANY) WHO t5 PERSONAL NOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION,
Notary Public —State of
(SEAL)
Printed Name
NOTARY 9t IX41TATE OP MROA
Lillian A. Bodor
,,,,Comnilssion # DD758680
,,,•£ Expires: APR. 06, 2012
BONDED THRD ATLANTIC 60NDING CO., WC.
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11 /13/2012 Item 16.A.10.
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 _ RO day ofcTA"M
WITNESSES:
(Owner a��d Title if poration)
COFMISSIOPi f DD 798494
By,
Printed Name
Print d me /Tit DOIJGi.ASE. BAiRD
earbeenru►arrwdcta�erwr.r:
(Provide Proper Evidenoe of Authority) Si''-N%0K V (V; f RE'SIP&J7
Printed Name
ACKNOWLEDGEMENT
STATE OF F!-ORe/ DR
COUNTY OF CQtLI &L
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
1AAJV4I_P_ .1 20 I.2) by L7�Ot)&U E. BI,z��2D (NAME
OF ACKNOWLEDGER) AS _E *Od—V ;nE ITLE) OF P,E;c� /uStJtA �' ( ME OF
COMPANY} WHO LS PERSONALLY KNC1W TD M!?, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public —State of - 40RIDR
(SEAL)
w
Printed Name Dl L.
Packet Page -1542-
" DW ELVIaNEAI
S
`MY
X
COFMISSIOPi f DD 798494
i
EXPIRES: My 13, 2012
earbeenru►arrwdcta�erwr.r: