Agenda 09/13/2016 R Item #16A10 16.A.10
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$186,300 to the applicant, DiVosta Homes, LP which was posted as a development guaranty for an
Early Work Authorization (EWA) (PL20150000451) for work associated with Winding Cypress
Unit 2.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the Land
Development Code (LDC). The work associated with this security has been inspected and the developer
has fulfilled his commitments with respect to this security. The performance security was posted as
security for clearing and site filling associated with an Early Work Authorization (EWA) for Winding
Cypress Unit 2 PPL (PL20140001878). On February 10, 2015, the construction plans and plat were
approved by the Board of County Commissioners (Board). Once the construction plans and plat for this
project are approved,the bond is no longer required. A recent inspection confirmed that the developer has
fulfilled the commitments of the EWA.
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$186,300 to the applicant, DiVosta Homes,LP. Staff will issue a Memorandum to the Clerk of
Courts upon approval of this item by the Board, advising the Clerk of this action.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2.Performance Bond (PDF)
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16.A.10
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $186,300 to the applicant, DiVosta Homes, LP which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20150000451) for work associated with Winding
Cypress Unit 2.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/12/2016 9:47 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
07/12/2016 9:47 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/12/2016 10:35 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 3:02 PM
Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/12/2016 10:41 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 3:45 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:07 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 3:13 PM
Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/12/2016 10:44 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2016 3:53 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:49 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 10:21 AM
Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/12/2016 10:45 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 9:10 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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PERFORMANCE BOND Bond No. CMS281926
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
DiVosta Homes, LP
24311 Walden Center Drive, Suite 300
Bonita Springs FL 34134
(hereinafter referred to as"Owner')and
RLI Insurance Company
P.O. BOX 3967
Peoria, IL 61612
800-645-240
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as U
"County") in the total aggregate sum of _one hundred eighty six thousand three hundred and 00/100 Dollars
($186,300.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind c
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. -a
THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain Early Work cop
Authorization Permit No. and that certain Early Work THE CONDITION OF Authorization shall include Q
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
completion of the work and approval by the County of the specific improvements described in the Land Development in
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Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SDP) or
Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a
change in Ownership. c
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NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with °p
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 c
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 c
deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and Q
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 7th day of
November, 2014.
WIT ES: ror. -- �� DiVo x= s,LP
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Mita 1111 Bryce Langen,Assistant Treasurer
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ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 7th DAY OF November, 2014_,
BY Bryce Langen AS Assistant Treasurer OF DiVosta Homes, LP WHO IS PERSONALLY KNOWN TO ME.
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Notary Public-State of GEORGIA ` SHIRLEY ExuTCxmS
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ACKNOWLEDGMENT
STATE OF Arizona
COUNTY OF Maricopa
THE FOREGOING PERFORMANCE BOND VVA8ACKNOVVLEDGED BEFORE ME THIS 7th DAY OF November, 2014_, -~
BY Virginia Erickson OF RLI Insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
personally known AS IDENTIFICATION.
Notary Public-State of Arizona
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Karen vxO'Brien
NOTARY
Kornn W. O'Brien. Woiary Pub|ic � PUBLIC
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RLERLl Soret, POWER OF ATTORNEY
P.O.Box 3%7 I Peoria.IL 61612-3967
Phone:t800l645-2402 ; Fax:(309)689-2036 RLI Insurance Company
www.rticorp.com
Know A11 Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed. but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
Virginia Erickson,Jessica Hollaender,jointly or severally
in the City of Phoenix , State of Arizona its true and lawful Agent and Attorney in Fact,with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described y
in
bond. L
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Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). U
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The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been 5
executed and acknowledged by the regularly elected officers of this Company.
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The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors 03
of RLI Insurance Company,and now in force to-wit: Q
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of u.!
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board u
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary. or the Treasurer may appoint co
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The c
signature of any such officer and the corporate seal may be printed by facsimile." o
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IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its c
corporate seal affixed this 10th day of April , 2014 . `o
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Roy C.Di ice President 0
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State of Illinois '��„ ,'
SS -41.i.County of Peoria Q
CERTIFICATE
On this 10th day of April 2014 ,before me.a Notary Public, I, the undersigned officer of RLI Insurance Company, a stock
personally appeared Rov C. Die who being by me duly sworn, corporation of the State of Illinois,do hereby certify that the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable;and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of the Company as set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony whereof, I have
hereunto set my hand and the seal of the RLI Insurance Company
\\ this flay of November. 9014
By: �>:..._ . c1 �-ek*C.
Jacque c M.Bockler' Notary Public RLI Insurance Company
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tr. ' ", COMMISSION EXPIRESC i f 1.16 Roy C.Di ` Vice President
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