Agenda 04/12/2016 Item #16A 8 4/12/2016 16.A.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$81,300 which was posted as a guaranty for Excavation Permit Number 60.113 (PL20140000392)
for work associated with TwinEagles Grand Arbors Phase Two C,Block 109.
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 TwinEagles
Grand Arbors Phase Two C, Block 109 (PL20140000392). 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$81,300. 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 Bond
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4/12/2016 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$81,300 which was posted as a guaranty for Excavation
Permit Number 60.113 (PL20140000392) for work associated with TwinEagles Grand Arbors
Phase Two C, Block 109.
Meeting Date: 4/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
3/4/2016 6:19:51 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/7/2016 1:02:30 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 3/7/2016 1:03:25 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 3/7/2016 1:03:34 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 3/10/2016 7:42:19 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/14/2016 10:24:00 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
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4/12/2016 16.A.8.
Date: 3/17/2016 9:02:50 AM
Name: IsacksonMark
Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/17/2016 2:49:22 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/25/2016 5:20:12 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 4/1/2016 3:01:12 PM
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4/12/2016 16.A.8.
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Packet Page -495-
Bond No. 1(09019315 4/12/2016 16.A.8.
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
The TwinEagles Club, LLC
3185 S. Horseshoe Drive
Naples, Florida 34104
(hereinafter referred to as "Owner")and
Westchester Fire Insurance Company
11575 Great Oaks Way, Suite 200, Alpharetta, Georgia 30022
(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-One Thousand Three Hundred Dollars ($81,300.00) 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. 60.113 for TwinEagles Grand Arbors Phase Two C - Block 109 and that certain excavation
permit 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 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 2nd day
of September,2014.
WITNE , S: The TwinEagles Club, LLC
-- . '1v i /I'., ?....
Printed By: �f �
f7 ; .� �Qn . S�,lomo�
ly" `` "` ..... '' Printed Name?Title
'lY'1QC1Qc�,tf1el MCittn,Ve-r
ett4 hi 4 .L I A,.> (Provide Proper Evidence of Authority)
Printed Name
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4/12/2016 16.A.8.
ACKNOWLEDGEMENT
STATE OF cofi E:tc
COUNTY OF CoU e(
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3 DAY OF S+l?Q l"mb sr
20 t 4 , BY P,'N corms( P. So kotrton ASS,° t OF° e'"CwiTI, 4+ts ,.\y\a,UCWHO IS PER • LLY KN. 1
TOME OR HAS PRODUCED AS DEN
Notary Public-State of c Uri ao-
(SEAL)
s I.L.4 1 • KAREN E.MKS
ri ted Name .�
4 i` - Notary Public-$tNb of Florida '
I.!i'"`• My Comm.Expires Feb 9,2017 `
Commission d!EE 11$2996
tics�• $onded Threuph Waal Notary Assn. ■
PonoweargidePidosedmatowlarropetemormepodowea
1A7ITNESSES: Westchester Fire Insurance Company
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...1 L� P d6 ..
pebble Hlgginllpham
Printed Name By: a
Joel Cannon
Anniiianby Y Attorney-In-Fact
Printed Name
ACKNOWLEDGMENT
STATE OF Alabama
COUNTY OF Jefferson
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF September
20 14 , BY Joel Cannon AS Attorney-In-Fact OF Westchester Fire Insurance Company WHO IS PERSONALLY KNOWN
TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of ANCalap,rcYo,
1111 (SEAL)
'raci L. Helms
anted Name
14-EIS-02650/7
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_� _ �____�__ ._ L �_�.�__ . ________..___�..�.: .�._.��_ ._d_� ...____--.__- x 4/12/2016 16.A.8.
Power of wESTCHESTER FIRE INSURANCE COMPANY
Attorney .
Know all men by these,presenis:That W}SI CHESTLI FIRE INSURANCE COMPANY(a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006 `:-towit
i
"RESOLVE,that the-allowing authonzadons fclatu t9 die eaceuaon.for and on behalf of the Company of bonds,undertatnngi,recoyn enccs,contracts aadtother written commitments:of de Compmy
entered into the ordinary course ofbusiness(oath a"Written t.orranilntent"):
(I) ,: Each of the Chaimsan,:the president and the Yice Prnsideni or(he Company is hereby authorized to e'cecttre tiny Written Conunitisent(ihrand on behalf cif the Company,under the seal of the Company or
otherwise.
(2) Each duly appointed attumey-in-race of-the company is hereby tOthomzad.to elreetee arty Wditen Commitment for and on beli;Ir of the Company,raider the seat of{he Company or otherwise.to the extent that
such action is sutlrom'ed b the t of wet ovrded for m such endns imtten ripneet ns such attorney-in-fact
{ Y gran pn � 3 Pr P. aF,.pd
(3) Each of tlie-Cihaimsan,the Prosidenl and the Vice Prj ddents of the Company is hereby auiherited,for and on behalf of the Cmniian}<to appant intemnug airy..person the attorney-in'feet of the Cemtla iy wish
full power and outrorfty to erecute,for and on behalf of the Comppmy,under the seat:vrthe,Compan or othonvfse,such Wrtten.Comitlilmbett oldie Company as may hespetifird in such Written
appomiment.tifiivh specificotidrt maybe by gonetittypii or doss of\Gotten Conumtmo ts;or by specification of one or more parstteular'WtInen:Commitments:
(4) Each of the Chairmen,the President and Vice Presidents�Ordte,Companyin hereby'authonzed,for end on behalf of the Company,todctogate to writing any other officer or Company the nuthenty is
execute,for end on behalf of the Company,under the Company's seat or othenrise,such W riven Commitments of the Company as not specified in such written delegation,which semi lication may be by
{ general type or clamor'Written Commitments or by'specification of armor more parteular Written Commitments. .
(S) The signuturo of airy or other Person ei ecuting any Wtstter Comm itmentor appolntmeat or delegation pursuant to this Resolution,—M1 the Seat of the Company,tray be Axed byfacsimile an inch
Written Commitment of written appomtnsetit ordetegation:
I UR'iliER RES tLV Hu,tat the Foregoing Rdsotutton shalt notbe deemed ten be Ott ex.eitun a statentent of the powers and authority of aifcers,employees and other persons watt for and on behalf of the
Company,and such Resolutter,shalt not limn dr othern i;e:otfeotthe eterciso of otrysurttpow'er o•ifathdpry otherwise validly granted or veaicd.
Does hereby nominate,constitute and appoint Ann Hamby,BEN:;FHOMP.eiON Debbie Higginbotham,Joel Cannon;Susan 0 Gardner,all of the City of
BIRMINGHAM,Alabama,each individually if there be more than one named,its true and lawful attorney-in fact,to make,execute,seal and deliver on its behalf,and
as its act and deed any and all bonds undertaLtngs recognrzances,conuacts and odier'wnttngs p the taautifE thereat thehature;thereof ttt:penalties notexeeedmg Fifteen million dollars&
i%ero cents($15,000,000.00)and'the execution:of such writ ngs in pursuance of theb prctents shall be'as,bindung•upon`said Company,as fully and amply as if they had
been duly eXecuied and acknowledged by thh regtlfarly affected officers of the Company at Its principal office;
,IN WITNESS WHEREOF the said Stephen M Raney,Vice Qresident,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHI STER
FIRE INSURANCE'COMPANY this to day nfOctotler:2013.
WESTCUESTER.r IRE'INSURANCE COMPANY
:'
,, •
q 5tt5t. M. mdy,Viet President
,. � r�
»i
I COMMONWEALTH OF PENNSYLVANIA
COUN'T'Y OF PHILAPE,LPHIA. ss.
1 On this 10 dlay Of Octdber AD.,2013 before ke a Notary i ubttc of the Cbptmonwealth of Pennsylvania in and tor:lle County of Philadelphia came Stephen
1 M.Haney,Vice-Presfdent of the.--WESTCHESPER it Rla INSURANCE COMPANY::to me personally known lobe the mdtvidasl and officer who executed the
preceding instrument,and he acknowledged that he executed the.same and that the seal affixed to the preceding instrument is the'corporate seal of said Company;that
the said corporate seal bttd his signature Wet-cduly affixed by the authority and directiOn Of the said corporation tinil:that Resolution,rid opted bythe B card of,Dtrectors
of said Company,referred to in;(he preceding iitstrun tit IS n,e4 in farce;,.:
IN TESTIMONY WHEREOF,i have hereunto set my hand and'affixed tny'offietal•seal at the City of Philadelphia the'day and year first above written.
O„ »4'4
tt ,,, I,the undersigned.Assistant Secretary of the'WLS PCHES1}RsFIt; INSURANCE-COMPANY,do hereby certify that the original POWER OF A'f'I ORNFY off
o ! which the foregoing is u substantially tide and C rreti.copy iS in fttlt force:anti effect.
'; In witness whereof,I have hereunto subscribed my naive as Assistant Secretary.:and affixed the corporate.seatof the Corporation;this2nCt.da)ofSSept<t abet. 2014 ':,
„
}� .. ,. �!
f x t1�trt t Iteity', tY :retgry
•: TiIIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BONPWfTH ANNINCEPTION DATE AFTER October 10 2015.
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THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEAT UHt.S THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION.