Agenda 01/12/2021 Item #16A21 (PL20190000553)01/12/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$49,368 which was posted as a guaranty for Excavation Permit Number PL20190000553 for work
associated with Edge 75 by Watermark.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Edge 75 by Watermark. The As-Built lake cross-sections have been
received and the lakes have been inspected on October 27, 2020, by the Development Review Division.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $49,368. Development Review staff 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: Lucia S. Martin, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.21
Packet Pg. 733
01/12/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 14188
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $49,368 which was posted as a guaranty for Excavation Permit Number PL20190000553
for work associated with Edge 75 by Watermark.
Meeting Date: 01/12/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/05/2020 10:29 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
11/05/2020 10:29 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/05/2020 4:25 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/09/2020 9:29 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/09/2020 9:36 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/20/2020 8:53 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/14/2020 4:49 PM
Public Services Department James C French Deputy Department Head Review Completed 12/14/2020 10:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/16/2020 8:23 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 1:02 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/16/2020 1:17 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/17/2020 1:30 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 1:56 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/22/2020 2:26 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM
16.A.21
Packet Pg. 734
EDGE 75 BY WATERMARK
LOCATION MAP
16.A.21.a
Packet Pg. 735 Attachment: Location Map (14188 : Excavation Bond Release - Edge 75 by Watermark)
EXCAVATION PERFORMANCE AGREEMENT
7
THIS Eb{
XCAVATION PERFORIVANCE AGREET\,4ENT entered into this I ' day of
, 201 9 between Watermark at Naples FL. LLC hereinafter referred to as
"D eve loper," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant wilt
comply with the Excavation Regulations and Excavation Permit No. PL20190000553 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $49.368.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manage/s approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Excavation Work. The Developer, as principal under the excavation
1
2
a
5
6
4.
16.A.21.b
Packet Pg. 736 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
with any damages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisions of this
Agreement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEREOF, the Board and De have cau dth Agreement to beveloper.
is X)',/20_4executed by their duly authorized representatives th day of
SIGNED I THE PRE NCE F Watermark Napl
Sign:
By:
PrintedNam€f/11 ;L d-h-
Paul 1i,1. Thrift, tr/anag
Sign:
(Provide Proper Evidence of Authority)
/cE
Printed Name
ATTEST:
t*t
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
App to form and legality
BOARD OF COLINTY COMMISSIONERS
OF
By:
COLLI
L
ORIDA
as designee ofthe Courty Manager
pursuant to Resolution No. 2015-162
f\/-
Sally hkar
Assistant County Attorney
/)
l2
a
16.A.21.b
Packet Pg. 737 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
Jtlt
e X l:r /sr f-
PERFORMANCE BOND
FOR EXCAVATION WORK
4"
Bond Number 9329213
Watermark at Naples FL, LLC
901 Wabash Ave., Suite 300.
Terre Haute, lN 47807
(hereinafter referred to as "Owner") and
Fidelity and Deposit Company of Maryland
1299 Zurich Way, Sth Floor
Schaumburg, lL 601 96-1 056
317 -7 53-3078
(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 Forty Nine Thousand Three Hundred Sixty Eight
and 00/100 dollars ($49.368.00) 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 excavation permit no. PL20190000553 and that certain excavation permit shall
include specific lmprovements 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 completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations (hereinafter the
"Guaranty Period") or until replaced by a new bond in the event of a change of Ownership.
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 improvemenls.
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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 7th day of October 2019
WITNESSES Waterma rk a esF L
/t a #-.By
Paul M. Thrift, Manager
(Provide Proper Evidence of Authority)
tz4zs
d Na mePrinte
q^,S"/ $t-.^br*
C,tBlsrn L . r?oo€arsoJ
Plinted Name
KNOW ALL PERSONS BY THESE PRESENTS: that
16.A.21.b
Packet Pg. 738 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
THE FOREohb..NG PERFORMANCE BOND IIUAS JCKNOWLEDG
20 t1 , ev 1tt*ffi8bFA€kkdf++eecn1 ns
ACKNOWLEDG EI\4ENT
STATEOF }^/DE6{VA
COUNTY OF
GOr
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
Nota Public - State of 5uorft'v$
P nn d Name
,tL
trHBE',IE#{i#"ffi Ytr;;x1,
AS IDENTIFICATIoN. . LL1
(SEAL)
ES
Printed Na
Fidelity and Deposit Company of Maryland
Debra Hutts, Attorney-in-Fact
Jim L. Brown Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGM ENT
STATE OF IN
COUNTY OF Vioo
THE FOREGOING PERFORI,4ANCE BOND WAS ACKNOWLEDGED BEFORE IVE THIS 7th DAY OF
October ,2019 BY Debra Hutts AS Attorney-in-Fact OF Fidelity and Deposit Company of
Maryland HOISP OM OR HAS PRODUCED AS
IDENTIFICATION
Notary Public - State of lndiana
(SEAL)
Prin ame Frederick
lII f fngtEnol( lottry Publc
IO Counlt, Strtc ol lndiam
Oomisiior tilm71807{
If Cankcion EUi,Et J*uary 21 202,
NSToREBR0MtAT
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8031NC
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02 522suLJ
GALl4-Els-02650 7
*, Ah,a.il.,ffi
,
16.A.21.b
Packet Pg. 739 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
ZURICH ANIERICAN INSURANCE CONlPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AN"D DEPOSIT COMPANY OT MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY TIIESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY. a corporation ofthc State of Nerv
York, rhe COLONIAL AMERICAN CASUALTY AND SURETY COMPAN\', a corporation ofthe Slate oflllinois, and rhe FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of lllinois (herein collectively called the "Companies"). by
Robert D. Murray, Vice President, in pursuance ofauthority granted by Article V, Scction 8, ofthe By-Laws ofsaid Companics, which are
set forth on the revcrsc side hercof and are hereby certified to be in full force and eflect on the date hcreof, do hereby nominale, constitute,
and appoint John S. LUKENS, Debra HUTTS, Thomas G. WOODASON and Amy FREDERICK, all of Terre Haute, lndirna, its truc
and lawful agent and Attomey-in-Fact, to make, exccute. seal and deliver, for, and on its behalf as surcty, and as its act and dced: any and
all bonds and undertakings, and the execution ofsuch bonds or undertakings in pursuance ofthese presents, shall be as binding upon said
Companies, as fully and amply, to all intents and purposes. as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its offrce in New York, New York., the regularly elected oflicers of the
COLOMAL AMERICAN CASUALTY AND SURETY COMPANY at its officc in Owings Mills. Maryland., and the rcgularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certiry that the extract set forth on the reverse side hereofis a true copy ofArticle V, Section 8, of
the By-Laws ofsaid Companies, and is now in force.
IN WITNESS WIIEREOF, the said Vice-President has hereunto subscribed his,ter names and affixed the Corporate Scals of the said
ZURICH AIIIERICAN INSURA^r-CE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDf,LITY AND Df,POSIT COMPANY OF MARYLAND, this 27th day ofNovember, A.D. 2018.
.(
ATTEST:
ZURICII Ai\IERICAN INSURANCE [OMPANY
( ol-rrNt \t..\MLRIC.\\ ( \Sl \t.ll [\nsURET] i:oltPAN'l
FIDELIT\ \\ D III I't )\IT CO\IPA\Y 6T IIARi L4\D
By: Robert D. Murray
Yice President
)arnu f
Dawn E. Brov,n
Secretaty
State of Nlae land
Count) of Brltimore
On this 27th day ofNovember. A.D 2018. bcforc thc subscribcr. aNotary Public ofthc State of Maryland, duly conmissioned and qualificd, Robert D.
Murray, Vice Presidenl rnd Dawtr E. Brown, Sccretrry ofthe Compaoies, to me personally known to be the individuals and officers described in and who
cxecuted the preccding instrument, and acknowledged the execution ofsame, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid. and that the seals atfixed to the preceding instrumenl are the Corporate Seals ofsaid Companies. and lhat lhe said Corporate Seals and
ihe signature as such officcr were duly affixed and subscribed lo the said instrument by the authonty and direction ofthe said Cor?oratrons.
IN TESTIIIONY WHEREOF. I have hereunto set my hand and amxed my Official Seal lhe day and year firsl above wrinen
!ii';.,, G-.a^.^-a .b,,,4+_l
-
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
16.A.21.b
Packet Pg. 740 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice Prcsident
may, by written instrument under tlre attested corporale seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or without cause modiry of revoke any such appointment or authority at any
1ime."
CERTIFICATE
This Power of Attomey and Certificate may be signed by facsimile under and by authority ofthe followrng resolution ofthe Board of
Directors of the ZIJRICH AMERICAN INSURANCE COMPANY at a meeting duly callcd and hcld on the l5th day of December 1998.
RESOLVED: "That the signature ofthe President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary
and the Seal ofthe Company may be affixed by facsimilc on any Power of Attomey...Any such Power or any certificate thereofbearing such
facsimile signature and seal shall be valid and binding on the Company."
This Po$er of Attomey and Certificate may be signed by facsinrile undcr and by authority of the following rcsolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the loth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduccd seal ofthe company and facsimile or mechanically reproduced sigdature
of any Yice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereaffer, wherever appearing upon a
certified copy of any power of attomey issued by the Company, shall be valid arld binding upon the Compa[y with the same force and effect
as though manually affixed.
IN TI.]S1 IM*s 74 day
ONY
of
EREOF. I have to srLbscribcd nry name and affixed thc corporatc seals ofthe said Conrpanics,
4"/-2cJ*-d
Michael C. Fay, Vice President
TO R.EPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCR]PTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, lL 60196-1056
u ww.rcportsfclaims(alzurichna.conr
-
800-626-451 7
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attomey is still in full force and effect on the date of this certilicate; and I do futher ce(iry that Article V, Section 8, of
the By-Laws ofthe Companies is still in force.
16.A.21.b
Packet Pg. 741 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
1011712019 Detail by Entity Name
DtvlsloN oF CoRPoRATtoNS
!-lt't t::,tr-l t ojfj r_.t j,! r_., !,: -' J' !r-.t L I -
tut 'ttr ul rklk ai j:l'1ntut r.b)t.
Detail by Entity Name
Foreign Limited Liability Company
WATERMARK AT NAPLES FL, LLC
Filing lnformation
Document Number M19000003839
FEUEIN Number NONE
Date Filed 0411512019
State US
Status ACTIVE
Principal]kulcss
901 WABASH AVE STE 3OO
TERRE HAUTE, IN 47807
Mailing Address
901 WABASH AVE STE 3OO
TERRE HAUTE, IN 47807
Begistered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE. F L 3230 1.2525
Authorized Person(g) Detail
Name & Address
Title N,4GR
THRIFT, PAUL N,4
901 WABASH AVE STE 3OO
TERRE HAUTE, IN 47807
Annual Repllls
No Annual Reports Filed
Document lmageE
04/15/2019 - Forergn Lrm(ed View rmage in PDF formal
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DeBanncl!-Atslale/Drvisionofcorperalols/SearchRecords/DelailBy_D9e!0ad_l!_lEbet/
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquiMype=EntityName&directionType=lnitial&searchNameorder=WATERMARKAT .. 1/2
16.A.21.b
Packet Pg. 742 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
Bond Number 9329213 USI lnsurance Services - Terre Haute
@
ZURICH
Name ofAgent
Zurich American Insurance Company
Fidelity and Deposit Company of Maryland
Colonial American Casualty and Surety Company
Bond Application
(Not to be Used for Construction Bonds)
Sectioh I - Geheral lhfornution To he Contplele.l 4' All Appliunls
Watermark at Naples FL, LLC
@S.r?
E Proprietorship ! Pannership D Corporation E S Corporation E LLC
901 Wabash Ave., Ste. 300, Terre Haute, lN 478072. Address'Telephone Numbcr:
3. Social Security or Tax LD. No: Annual lncome: $
4. Business Occupation: Business Slarted:
{U Retired, list pru\'ious occupatio,t)
5. Kind ofBond: Perf. BOnd AmountS{g,lgg Effecrive Date: 10/0712019
6. To whom Is Bond civen (oblisee): Collief County, Florida
7. Address ofObligee:
8. Has Applicant or any company in which the Applicanl has had an interest in ever filed for Bankruptcy or become insolvent? [ Yes f] No
9. Has Applicant ever been convicted ofa crime other than a mi or traflic violation? [ Yes. Explain: E No
10. Has Applicant ever had a bond involuntary terminated or cancelled? E Yes. Explainr E No
ll. Has Applicant ever had any lawsuits orjudgments against him? ! Yes. Explain: ! No
12. Has Applicant ever had their license suspended, revoked or denied? ! Yes. Explain: E No
13. tlas Applicant ever been party to a Surety bond clai which resulted in the Surely paying a loss or other expenses under the bond?
E Yes. Explain: E No
14. Net Worth/Equity: $
15. Total Debt: $
16. Does a CPA prepare your financial statement? ! Yes ! No
17. Date oflast financial statement: Sales: $ Cross Profit: $ Net Profit: $
18. Has your company sustained a Net Loss in any of the last three (3 ) y€ars? E Yes E tto E N/A (Individual)
SJ!!!!!!L!!- Conplete For All License, Pefliia, Custom, Lrtenal Rerenue atd Other Miscelhneous Bon,ls
l. Attach Copy ofBond or Describe Nature ofObligation in the space provided (Note: Ifbond guarantees another agreement or document,
attach copy):
2. Review Section III, Sign Application, and forward completed document.
Commercial.Surety.Application LPM
APP9OOOOZZO I I4F
L Name ofApplicant:
E Individual(s)
I
16.A.21.b
Packet Pg. 743 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
The undersigned hcrcby represents that the statements made herein as an inducemcnt to Fidelity and Deposit Company of Maryland (hercinafter
callcd Surety), their successors and assigns, to execute surety bonds are truc, and should the Surcty oxecutc said bond and any rencwals,
continuations, cxtensions or increases thereol, or any additional bond or bonds and./or any substitutes therefore, with the same or diflerent conditions,
the undcrsigned hereby agrees as follows: FIRST: to pay the Surety in advance the premiun for the first ycar and to pay in advance any rencwal or
additional premiums which arc providcd for by the Surety's rates until the Surcty is providcd with evidcncc that it is released from all liability on said
bond; SECOND: to the fullest extent permittcd by law, save, hold harmless and indemnify the Surety against all loss, or threatened loss, liability or
potcntial liability, costs, damages, attomey's fees and expenses whatsoever, which the Surety might incur by rcason of executing said bond, nraking
an invcstigation on account thereof, in prosecuting or defending an action thcrcon, in obtaining a release therefrom, and in enforcing this agreement;
THIRD: al (he request ofSurety, procurc the discharge ofSurety from any Bond and all liability by reason thereof. lfsuch discharge is unafiainable,
the undcrsigncd shall, upon demand made by Surety. either deposit collatcral with Surety, acceptable to Surcty. sufficient to cover all exposure under
such Bond or Bonds. or make provisions acceptable to Surety for thc funding ofthe bonded obligation(s); FOURTH: the Surety shall have the right
and is authorized, but not required to: (a) adjust. settle or compromise any claim, demand, suit or judgment upon said bond, unless the undersrgned
has a rcasonable and good faith defenses to such claim and shall request the Surcty to litigate such claim or demand or to appeal such judgmcnt, and
shall deposit with the Surety collateral salisfactory to it in kind and amount; (b) to assent to any change in said bond anrl/or any document referrcd to
therein; l'll'TH: that in the event ofany loss, cost or expense incurred by Surety by virfuc ofany paymcnl, scttlement or compromise, in good faith,
madc as indicated herein, an itemizcd statement thereof, swom to by any ofticer ofthe Surety or the voucher(s) or other evidence ofpayment shall be
primd fircie evidence of thc fact and cxtent of the liabiliry of thc undersigned in any claim or suit thercunder and shall entitle Surety to scck
immediatc rclicfagainst the undersigned, including but not limited to retention ofany collateral, premium, or retum promium held, or othcr claint for
damagcs; SIXTH: that the Surety shall havc the absolute right to cancel said bond if it contains a cancellation clausc or procure its release from said
bond undcr any lau' permitting same and thc Surefy is hereby released from any and all damages that might bc sustained by reason of such
cancellation or release; SEVENTH: that this obligation shall be for the bcncfit of any company or companies u,hich the Surety may procure to
exccute or join with it in executing such bond, or lo assume reinsurance thereon; EIGHTH: that nothing hercin shall be construed as a waiver ofany
right or remedy which the Surcry might have ifthis instrumcnt werc nol executed; NINTH: that ifthe bonds herein applied for are on behalfoft\r'o
or morc principals, then it is agreed and understood that this indemnity shall apply and bc binding upon thc undersigned, regardless of wherher the
undersigned or any one or more of them, is by judicial decree or otherwisc frccd from liability in the casc in which the bond herein applied for is
rcquired; TENTH: that this agreemenl shatl be binding upon the undcrsigned and each of them whether signing as an applicant or indcmnitors,
jointly and scvcrally and upon their hcirs, administrators, executors, successors and assignees and shall bc liberally construed as against the
undersigned. Further, a photocopy, scanncd image, or facsimile of this agrcement shall be accepted and shall have the same full force and effect as
the original. Ifany provision of this Contract is held unenfbrceable, then such provisioo will be modificd to reflect the parties'intention. All
renraininS provisions of this Contract shall remain in full force and effect. This agrccment shall be intcrpreted under the laws of the State of New
York; ELEVENTH: The undersigned hereby expressly authorizes Surety or its agent to access credil records at any time and to make such pertinent
inquiries as may be necessary from any third party source for underwriting pr-rrposes, claim purposes and/or debt collection purposes. To the extent
required by la\\', Surety lvill, upon rcquest. provide notice whether or not a consumer report has been requeslcd by Surety, and if so, the nanre and
address oflhe consumer reponinS aSency fumishing the repon.
In witness whereof, I (we) hcreunto subscribe my (our) name(s) ttri. 7th auy ot October 2019
IF INDMDUAL, sign here:
Name:
S.S. Number
IF CO-PARTNERSHIP, co-partnership and all co-partners sign here:
Name:
S.S Number:
Namel
S.S Numtrcr:
(Name o f co-pannership )
(lndividually and as co-partner)
(lndividually and as co-partner)
Commercial.Surety.Application LPM
APP90000zz0l l4F
Name:
S.S. Number:
Settion lll - lndennilication ol Surutt
(lndividually and as co-partner)
16.A.21.b
Packet Pg. 744 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)
IF CORPORATION, imprin( corporat€ seal and sigs here
^'Juh.,#,ahw-
Waterm katN aples FL, LLC
ame ofCorporation)
Nrme:
S.S. Numbcr
B).
N'aDlc ttltltsl}t EBe*go.t
-\DDITI0NAL I\I)E}I\II }'
In consideration ofthe Fidelity and Deposit Company of Maryland, its successors and assigns, executing, or procuring the execulion of. or refraining
from presently exercising its right to cancel, the bond herein applied to, we jointly and severally join in the foregoing agreement, and the
undersigned, if a corporation. wanants that it is financially interested in the performance of the obligation which said bond applied for is givcn to
secure, and assets that it is fully empowered to obligate itselfhereby.
Signed, sealed and dat"a tl,i. 7th auy of October 2019
WM"
(lndeD,nitor)
(lndcmnitor)Name:
S. S. Numbcr
Name:
S.S. Numbcr:
(ln(le lnilor)
Name:
S.S Numberl
(lndcnmrtor)
Must be acknowledged before Notary Public by Indemnitor(s)
srArEoF g.JDG$JS
COUNTY OF \JT-GO
, ,*1
on trris I I -day of tJcTobu , 2O 11 ,6"sor" -" ,ersonally appea ,"0?*rl AJh;tr+
To be known to be the persul(s) or rncmber(s) of thc pannership or officer(s) of lhe corporation that signed the forcgoing instrument and
acknowledged the execution ofthe same to me.
(SEAL)
(Notary Public)
M)' Conrmission lrxpires g'fr?;-.-"'$i"'32
:'isEAL:':
,;,,jt,*.S
NBST0EB0RLTM
ISbN
C
82037Nc
EcM
5209s2t
Commercial.Surety.Applicalion LPM
APP90000zz0l l4F
4'/
Namc:/t
.}
Thompson Thrift Developm ent,jnc.
,1
l/
",
I
-3-
16.A.21.b
Packet Pg. 745 Attachment: Bond Basis (14188 : Excavation Bond Release - Edge 75 by Watermark)