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Agenda 03/08/2016 Item #16A 8 3/8/2016 16.A.8. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $87,000 which was posted as a guaranty for Excavation Permit Number 60.104 (PL20090000028) for work associated with The Arlington of Naples. 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 The Arlington of Naples (PL20090000028). The As-Built lake cross sections have been received and the lakes have been inspected by the Development Review Division. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $87,000. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Copy of Payment Packet Page -311- 3/8/2016 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$87,000 which was posted as a guaranty for Excavation Permit Number 60.104 (PL20090000028) for work associated with The Arlington of Naples. Meeting Date: 3/8/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 1/28/2016 9:37:10 AM Approved By Name: McLeanMatthew Title: Project Manager,Principal,Development Review Date: 1/28/2016 11:01:15 AM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 1/29/2016 4:02:12 PM Name: PuigJudy Title: Operations Analyst,Operations &Regulatory Management Date: 1/29/2016 4:02:56 PM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 2/9/2016 4:18:13 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 2/9/2016 4:59:09 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 2/16/2016 8:27:50 AM Packet Page -312- 3/8/2016 16.A.8. Name: KlatzkowJeff Title: County Attorney, Date: 2/17/2016 1:54:22 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 2/23/2016 4:30:51 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 2/28/2016 3:40:42 PM Packet Page -313- 3/8/2016 16.A.8. Ka ,..... ( 1,a) CkWA3/noe I anao 1 .>.. r ; 04:41:4104 rig 4 i 4 1710 me Be i g ! itWil iggir 41 I I Po.1* ill MO WIMP ; i ; INArtu iip its. 1 fii axt 94 ca. 41%0a Ilto p 4 04 4.- viii.;:e ita 40,4(7, - ..7 a i \\ • n , al.. At Al fig dirk q Int miaow ip 2 1 It Ara T, 44:./czt, 00.00 ,„,ram. f_tr_04,4,0 00.04 yr v 1 $4444aanawil$ 0 I- 000p a 1 ,h,441,411110 DO° . Villingr64* ow . rfrriook II II taVit4 trig = IB E.!-•,`I•F- :S.47 I I R'40 44:4 1 CT)0 0 I:0144 .4, ilp ktialinIANtzt, _1 -4 AntallikW.104 4 .4044 Vb% /01 i vansams3 Oh. to yo -,4 440 lot IS 4 r4141/4.704%, 1 bight oit- -40 YAM A131 ONVVIk 111100111111.11 11.11M74:0....747■--- TINOS 01 ION k. i te A j V li g-F; 1 A i _ D --`,-- \ I- _J --"\ k g g z n g lit A i r .... i ■ _, bdi ri ,, i-- _, ii Opt,nri.,(4 t3J11,.. \ -._,- 1 i; n ill ----„,,,,,, 'NN N$17)- J 0 r Aillths. IRV 0 , ,,,,s, , t e,■Q w,,,!`":747119H,1,,,, ...' 101- -..g - II, r--1 §": Ell .0, 4 .<1 WI NM P , z . 0 . i .VINY'kl - t1.1 '.„., ... .„g w g , ,1 ,v gri__,,,. , 4 / PIA 0 1 j t!'":. .-. A '2.0 1 i 1 - -, Packet Page -314- .„ . • • 3/8/2016 16.A.8. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Arlington of Naples 12276 Tamiami Trail East, Suite 501 Naples, FL 34113 (hereinafter referred to as "Owner") and Lexon Insurance Company 12890 Lebanon Road, Mt. Juliet, TN 37122 (888) 488-2663 (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 Eighty Seven Thousand Dollars ($87,000) 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 will complete the requirements of excavation permit no. 60.095 for the project"The.Arlington of Naples pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on the date this bond is executed and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, ("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. Packet Page -315- • • 3/8/2016 16.A.8. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 14th day of October , 2013 . (Owner's witness and signature block) WITNESSES: Arlingt-OhOiNaples By: a y-1 7 7 e/-(c A. /J / e7 s- . -Roc-,c,,,-- R Q Printed Name Prin' ed Name to include Title N'tera tfl'VrA(1:42.- C-.' e h-a ,,h Printed Name (Surety's ritness and signature block) WITNESSES: LexotyIns■rnc)Company By/ Ted Sherman . k 6rai• - -n An-Attome -in-Fact Printed Name Printed N. 'e to include Title (Ii _4 (1 Judy B16.14e ._,.,, Printed Name (Separate notary and acknowledgment for Owner and Surety required) STATE OF 71/ /A/oLs COUNTY OF e(20X, The foregoing PERFORMANCE BOND was acknowledged before me this ,2/5/- day of 0 eibbef , 2013, by/ Y-,,, , --eA .. t --,,i _2 as ( c ..,. of 1 Lu.ilxtr A,,LILL 11\t1 t 4-' 1"1-.t', ?Art Itt k70; 11%., iktt CYI,Q'IT 4 who is personally known to me, or has produced ck- *-3c--P'-` as identification. NOTARY PUBLe=STATE OF zVJ 1,1/5 (=AL SEAL E WALSER PRINTED NAME -Plfi-ie/ ,- ./_--. . 1_4 / y s Notary Public-State at-Illinois My Commission Expires Nov 19,2016 Packet Page-316- • • 3/8/2016 16.A.8. STATE OF ILLINOIS COUNTY OF COOK The foregoing PERFORMANCE BOND was acknowledged before me this 14"' day of October , 2013, by ' Craig Sherman ) as ( Attorney-in-Fact ) of( Lexon Insurance ('oi _cnu l who is personally known to me, or has produced Driver's License as identification. ., ,-/I /4_./..1,141'6(1 (' I TARY PUBLIC—STATE OF Illinois Karen N. Genoff ,, . t (SEAL) PRINTED NAME ,-'- .76"""'" `� -T+ C vii-AS bK , N N•rla C i,L r . Packet Page-317- • • POWER OF ATTORNE LX - 3/8/2016 16.A.8. Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Ted Sherman, Craig Sherman, Judy Blaige, Karen Genoff ******* ********************************************************************************************* its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 21st day of September, 2009. JFLANCF LEXON INSURANCE COMPANY A rX:. TEXAS •�%-t3 �K-i��'� � X; INSURANCE :D \j COMPANY ,•:zlf BY David E.Campbell ..-I President ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K.AYE _. Notary Public,State of Illinois 's My Commission Expires 09/21/13 Maureen K.Aye L CERTIFICATE Notary Public I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this 1 4th Day of October , 20 13 ' �R ANCF` A \ / ` i�0 TEXAS • f i X: INSURANCE •Z f WI COMPANY . 7 _ Philip G.Lauer •'........... Assistant Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information or rnnrealc for the ohirpose of misleading,information concerning any fact materi- al thereto,commits a fraudulent insurance act,which is a Grin Packet Page-318-arson to criminal and civil penalties." LX1 • • 3/8/2016 16.A.8. Stantec Consulting Services,Inc. 3200 Bailey Lane,Suite 200 Naples FL 34105 Tel:(239)649-4040 Stantec Fax: (239)643-5716 July 24, 2013 Project No:215600574 Mr. Craig Callis Collier County Growth Management Division 2800 N. Horseshoe Drive Naples, FL 34104 Subject: The Arlington of Naples(PL20090000028) Lake Excavation Permit Application No.60.095 Calculations for Performance Bond Amount Dear Craig: Based on the requirements of the latest Collier County Lake Excavation Ordinance No. 06-04, the calculation for determining the excavation bond amount is $100 for rock and $20 for sand per lineal foot of the total lake bank perimeter, and since the majority of the excavation for The Arlington of Naples will be classified as sand,the bond amount has been calculated as follows: Bond Amount Calculation: 4,350 LF x$20/LF= $87,000 If you should have any questions or need additional information, please contact me. Sincerely, c Consulting Spr .kces, Inc. .01•11ifit7;41 R mond J. Piacente, Ill, PMP, LEED AP NO 38871 'y. Senior Project Manager, Urban Land Engineering *, Associate - * ' -‘1". STATE OF Enc. i�� • FC0RIDP •C: David S.Wilkison,Stantec,w/o enclosures rr�r st� litil ` (/ /../1' 7/ / David S.Wilkison FL Registration#38871 Stantec Authorization No.27013 vus1226-1pl\warkgraup‘2 156twtive;2155D9574tshareadocument\em_IU Catulaws_lo_pertormance_Dond_re_adingi of naples excavalion_applicahon.0oc Packet Page-319-