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Agenda 07/12/2016 Item #16A 7 7/12/2016 16.A.7. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $73,000 which was posted as a guaranty for Excavation Permit Number 60.103,PL20130001578 for work associated with the Brandon subdivision. 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 Brandon, PL20130001578. The As-Built lake cross sections have been received and the lakes have been inspected by the Natural Resources and Engineering 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$73,000. 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 Performance Bond Packet Page-221- 7/12/2016 16.A.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.7. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$73,000 which was posted as a guaranty for Excavation Permit Number 60.103, PL20130001578 for work associated with the Brandon subdivision. Meeting Date: 7/12/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 6/6/2016 12:33:27 PM Approved By Name: McLeanMatthew Title: Project Manager, Principal,Development Review Date: 6/14/2016 10:47:56 AM Name: PuigJudy Title: Operations Analyst, Operations&Regulatory Management Date: 6/14/2016 1:17:13 PM Name: PuigJudy Title: Operations Analyst, Operations &Regulatory Management Date: 6/14/2016 2:06:22 PM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 6/16/2016 2:43:40 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 6/17/2016 1:26:11 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 6/20/2016 10:19:54 AM Packet Page-222- 7/12/2016 16.A.7. Name: KlatzkowJeff Title: County Attorney, Date: 6/21/2016 3:25:37 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 6/30/2016 5:08:44 PM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 7/1/2016 4:55:24 PM Packet Page -223- ----------- ------------------------ _._N__N____N__N_N_N--__NMIN --_NN, 7/1 2/201 6 16.A.7. r.... -_=a1M__IIMN.YN__N_w__N______ANN__ __N__NN_N_NAN____! LEE COUNTY ,077.11,7.7,)*5si-_,Ir-(`\.\, ,-----to cj,) rI►11 -=moi ,I L titti_i_41,:(3F:. 1, \ i����i . 1 its I - y ,FP-"T. -( - .S \ '', �� .. ].I► , . --151 SS � �r�� \ \\ p to ¶!!r7 ;\ \I ,6,-,11_,- - I r- _ sl - far f [ '-��� �� �� ':.� ` ">' c: ;,Zscg 3\- S ?1 Ni t-'��'�\�'t ,rI�u �1‹��, - -� 4 .r ,z-+__\ 1 F ithalNrt�� L> y In ., (C.--------4 11'1 ' '.)--s\ , '''C'<' -)49 ; I ' Ito r ::g .isi i4 - ---NHL' ,- ( iiA , ,* 1) —4 - 14(44I — ---VBL; LzE11>a . ,�N_N__N_._N___N_.__N______..._ y-NliYM2L. _ r -i :. 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EEIEE�.r.EEE f - - ` 7 ' gF_ L , . 1 12Lan- O.r --- : F $]I -1 .`'^� -II �.,.':� _ �,, � -����E��EEEIia...��EI�I EB��Ei�a --- ��� �`%r Q .uir�i r. . an`-- �� > r\ �� P ' j\` ai =- an:EYEI ` .C. CCC ap DinicgTP 4�i. is - Cir .ii,I I .�u_.N 1n \i'!C I NN -1-Y RA A F) NCIT TO SCALE ny 18, 2015 2.19 PM K:\201J\130003.00.02 Brandon f'P (Pona:M_0P OOA.5;t05 Insu1_an-.,1!b:ao_nLo!Qepinttl/1�\Re--Plot nitiat Plat AERP liratior.0.??-. -2015\vicinity Map.dw9 FILE NAME DRAWN SECTION TWP� 6610riillowParkDi.1,4 te200VOI .� .r*On DRAWN _ 1,3 _ 4$__ nlaPler.,W7ie�;wto<,i JOB NUMBER DATE SCALE SHEET R(> BRANDON PHO Phone(2d9)597.0575 y}t, - FAX:(239)59'•0578 JEW& 130003.00.02 02/18/15 1',- 1 OF 1 25 IFIWo.',f95.? ...aAA .aN_.NN_NN___ ENGINEERING Packet Page -224- • 7/12/2016 16.A.7. • PERFORMANCE BOND Bond No. 1100356 FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that D.R. Horton, Inc. 10541 Ben C. Pratt/Six Mile Cypress Pkwy. Fort Myers, FL 33966 (hereinafter referred to as "Owner') and Lexon Insurance Company 12890 Lebanon Road Mt.Juliet,TN 37076-1425 615-553-9500 (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 Seventy Three Thousand and 00/100 Dollars ($73,000.00) 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. PPL-PL20130001578, Barrington Cove (fka Brandon PUD) 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 21st day of May, 2014. Packet Page -225- . 7/12/2016 16.A.7. WITNESSES: D.R. H• on, Inc. \ a� k By: r �`� Pn rated Na � ,o1/ z frti\Dc\a-W\ nted Name Title (Provide Proper Evidence of Authority) Printed Name '‘,\\..\c --\ C.-1`` * / ACKNOWLEDGEMENT STATE OF 10(1dCt. COUNTY OF Lam-( THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THI$2 DAY OF , 20 1Lk , BY ,3COG-krefl tfticlL't AS \J. tP• OF D.R. Horton, Inc. WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of vtA ff ,/ BARBARA MASH (SEAL) /c ��r - I/6-h-5 fi Notary Public,State of Florida Printed Name My Comm.Expires March 17,2015 Commission No.EE 75312 y+v WITNESSES: Lexon Insurance Company • 1 7LKG � r. Printed Name: Bonnie Kruse ✓--�.. ' Printed Name/Title Dawn L. Morgan,Attorney-in-Fact Printed Name:Tiffany Cunniff Florida license no. P011322 ACKNOWLEDGMENT STATE OF Illinois COUNTY OF DuPage THE FOREGOING PERFORMANCE BOND WAS ACKNOWL:DGED BEFORE ME THIS 21st DAY OF May, 2014, BY Dawn L. Morgan AS Attorney-in-Fact 0 Lexon Insurance C. •an WHO IS PERSONALLY KNOWN TO ME. 9 Notary Public-State of Illinois f•U 4 •. T w - (SEAL) Printed Name: Tariese M. Pisciotto OFFICIAL SEAL T.ARIESE M PISCIOTTO 14-EIS-02650/7 NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 6/26/2014 Packet Page-226- I - 7/12/2016 16.A.7. IP/ POWER OF ATTORNEY LX- 212732 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: James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Peggy Faust, Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt, Tariese M. Pisciotto its true and lawful Attomey(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 $8,000,000.00 Eight Million********************************************************* 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. LEXON INSURANCE COMPANY o • � BY SEAL r *; David E.Campbell President \-.1%� * '* ACKNOWLEDGEMENT On this 21st day of September, 2009, before me, personally came David E. Campbell to me known,who be 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. AMY L.TAYLOR 461-166i' '• S. Notary Public-State of Tennessee BY = E. Davidson County Amy aylor My Commission Expires 01-09-16 Notary Public CERTIFICATE 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 forgoing 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 Seal at Mount Juliet,Tennessee this 21st Day of May ,20 141. c a ?x a BY (";;Le 4 'E AL _ 4 Andrew Smith Assistant Secretary V "WARNING:Any person who knowingly and:with intent to defraud any insurance company or other person,files and application for insurance of claim containing any materially false•irifermat,on;or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is&anme.and subjects such person to criminal and civil penalties." Packet Page-227-