Agenda 07/12/2016 Item #16A20 7/12/2016 16.A.20.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond to D.R. Horton,
Inc., in the amount of $81,300 which was posted as a guaranty for Excavation Permit Number
PL20130001978,(Excavation Permit No. 60.099) for work associated with Tuscany Pointe.
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 Tuscany Pointe, PL20130001978. The as-built lake cross sections
have been received and the lakes have been inspected by staff
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 to D.R.
Horton, Inc., 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:
l)Location Map
2)Copy of Performance Bond
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7/12/2016 16.A.20.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond to D.R. Horton, Inc., in the amount of$81,300 which was posted as a
guaranty for Excavation Permit Number PL20130001978, (Excavation Permit No. 60.099) for
work associated with Tuscany Pointe.
Meeting Date: 7/12/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
6/15/2016 12:07:08 PM
Approved By
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 6/15/2016 2:43:12 PM
Name: PuigJudy
Title: Operations Analyst,Operations &Regulatory Management
Date: 6/15/2016 2:58:51 PM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 6/15/2016 2:59:43 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 6/16/2016 1:20:49 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 6/16/2016 2:44:49 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
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7/12/2016 16.A.2O.
Date: 6/16/2016 4:54:56 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/21/2016 3:40:00 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 6/30/2016 5:08:16 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/1/2016 4:53:25 PM
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7/12/2016 16.A.20.
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7/12/2016 16.A.20.
PERFORMANCE BOND
BOND NO. 016059414
KNOW ALL PERSONS BY THESE PRESENTS:that
D.R. Horton, Enc. (Name of Owner)
10541 Ben C.Pratt/Six Mile Cypress Pkwy.,#100 (Address of Owner)
Fort Myers, FL 33966 (Address of Owner)
(Hereinafter referred to as"Owner")and
Liberty Mutual Insurance Company (Name of Surety)
2055 Sugarloaf Circle, Ste. 350 (Address of Surety)
Duluth, GA 30097 (Address of Surety)
(678)417-3993 (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 Two Hundred Twenty Two Thousand,Two Hundred• Dollars
($?",-'24.00—_ ) 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. `Twenty Four and 00/100 Dollars
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board of a certain subdivision plat named TucanyPo:roe 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(hereinafter 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
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7/12/2016 16.A.2O.
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 27th of January / 2014
WITNESSES: (Owner Name and Title if Corpo ' n) D.R.Horton, Inc.
7.7
r
Printed Name Printed Name itle C.^0 t te(051 /\11(C t"(e';.}CVY`A
AALe..,14,...epl..? (Provide Proper Evidence of Authority)
,(a4,eA
Printed Name.'Atst!
ACKNOWLEDGEMENT
STATE OF -\C21 IF'a
COUNTY OF Lc1..
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
_..- '''r-Ct.. CA / C5 , 20 '‘--1 , by •,A CAXXAV1, ;tr1 ("\it.(..(S- " (NAME
OF ACKNO LEDGER)AS \/C (TITLE) OF 1 J• ' ., HT: -C(f\ , \(\C. (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public—State of t--- 1.---
(SEAL) /
ilo--rLi
Printed Name ,�
Witness: Liberty Mutual Insurance Corn any
I / ' 94)'''let( )7u �f _ Margaret
Attorney-in-Fact
Nel Bamola ( ` &Florida Licensed Resident Agent'
z......,-...,,,4° C/O WILLIS OF FLORIDA
allll 4211W BOY SCOUT BLVD,#1000
,:.a'"b�^ KNARA YATRO(`
j2* Notary Public Sfate of Florida TAMPA, FL 33607
.; ; •= INQUIRES;(813)281-2095
� * .�; My Comm.Expires PV�ar 2A,z017
''%;f:,„off• Commission #FF 000181 t
,,l 1111111 Y
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7/12/2016 16.A.20.
ACKNOWLEDGEMENT BY SURETY
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH SS.
On this 27th day of January, 2014 before me, personally came
Margaret A. Ginem, who is personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person
who executed the within Instrument as Attorney-In-Fact on
behalf of Liberty Mutual Insurance Company, and
acknowledged to me that he/she executed the within instrument
on behalf of said surety company and was duly authorized to
do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature C 'L.Lt� '
Eileen C. Heard
�;.,,, Eileen C.Heard
" t Notary Public,State of Florida
Ogo C,ommissi #EE 23158
Expires Ocotober 22,2014
This area.for Official Notarial Seal
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