Agenda 11/15/2016 Item #16A 6 16.A.6
11/15/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$33,940 to Ave Maria Development, LLLP.,which was posted as a guaranty for Excavation Permit
Number 59.902-2, (PL20140001692) for work associated with Maple Ridge Reserve at Ave Maria
Phase 1.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for excavation improvements 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 Maple Ridge Reserve at Ave Maria Phase 1,PL20140001692. The As-
Built lake cross sections have been received and the lakes have been inspected by the 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 in the
amount of$33,940 to Ave Maria Development, LLLP. 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
ATTACHMENT(S)
1.Location Map (PDF)
2. Performance Bond (PDF)
Packet Pg. 343
16.A.6
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $33,940 which was posted as a guaranty for Excavation Permit Number 59.902-2,
PL20140001692 for work associated with Maple Ridge Reserve at Ave Maria Phase 1.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/05/2016 6:02 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/05/2016 6:02 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/10/2016 3:33 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/11/2016 11:06 AM
Growth Management Department James French Additional Reviewer Completed 10/11/2016 3:36 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/17/2016 2:40 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:35 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 2:00 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/27/2016 3:13 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:20 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
Packet Pg 344
16.A.6.a
lii>
CZ
_LU
-I X
LU
«, I" .0J ECT • >
,,
CD
�1 cc
IMMOK:AL-E:E: Oh 'ROACD ,cr'_ 62
Piot �3 `,� , ( h, .Cf)
co
' -_i ;g)\c,, ti' 1 CD0
ii= LU •
CD V CL CC a)
7-2) _
iii `9 \ <�- et
IC-) c
OIL WELL. ROAD m°
N
P
N
a,
_ l3
--- C4C)-.EDEN GATE: BVD. 2
oQ
J
C
- N
• E
V
I - i'
Zi
\......... IIISNIMINIONIIMINIIHNININIMOMMISIIMINIMMOINIMMIN---------INIIMIMIEN•
Ij 0 C.A.1 III (_) _N M A P1
MAPLE RIDGE At A`u'E MARIA —
Packet Pg. 345
~�^
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No: 106103800
KNOW ALL PERSONS BY THESE PRESENTS: that
Ave Maria Develoc merit, LLLP
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred toae''Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 3B
Hartford, CT 06813
0 (800)873-1477
CD
0
EL (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
173 referred to as "County") in the total aggregate sum of Thirty — three thousand nine hundred forty dollars
and 00 cents Dollars ($82^940.08) in lawful money of the United GtaUeo, for the payment of which sum
well and truly to be made, we bind ourselves, our Ueirs, execuhors, administra<nrs, successors and
co` asmigns, jointly and neveroUy, firmly by these presents Owner and Surety are used for singular or plural,
as the context requires.
THE CONDITION OF THIS OBLIGATION is such tha\ vvhereas. the Owner has submitted for approval by
the Board of a certain excavation permit no. 58.902'32 for Maple Ridge Reserve at Ave Maria Phase 1,
PL'20140001692 and that certain excavation permit shall include specific improvements which are
CD
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.
CD
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
CD 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 defau|l, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED, FURTHER. that the said Sunaty, for value received horaby, stipulates and agrees that
no ohange, 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 FURTMER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immad\ate|y, 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 ormodifioabono/any character whatsoever.
IN WITNESS WHEREOF the parties hereto have caused this PERFORMANCE BOND to be ~~`
executedthis ' ,-4�� day of nr‘etrc\~^ �" Ls.
WITNESSES: Ave MDvelpyrnent,,ELLP
' °
` By: \
Printed Name t:Se :--, kdkiK-i~,S,/� - DouglasS,8a/rd' Vice Pneoment
Barron Collier Corporation, its General Partner
� �
°(2-14A.101._ �/ .( I Printed Name/Title
Ei
� ~ ��^/ � (P�idePm�rEvideo� of Authority)
p�ntedName\�~/��r'`t� ' `��^~'` `
8CKNOVVLEDGENEIVT
0
STATE OF F|orZt)~
COUNTY OF Cr\(2, cr
—C) titL
THE FOREGOING PERFORKXANCEBOND VVA3ACKNOVVLEOGEOBEFORE &1ETHIS�� DAY OF
o IVLarct-s. 2015, BY Douqias E Baird, Vice President of Barron Collier Corporahon
WHO IS
---
�� PERSONALLYTDK�E' ORHAS PRODUCED AS IDENTIFICATION
--_'� -_-
El Notary Public- State of [ `, t4n^
CO
.. mu�nxwom�
_ //� � / ' wnmmuw�mwv�uxm� (SEAL) ,~~~
� r.:_71`:��� _ �'�� � �� »�� EXPIRES: 19,2018
- — . xt��� m��mm°*��wm��m=
D. Printed Name �\~�^-t� �]»^v�J�u* � - " � - ^� ` ` ° �-� `.
FT WITNESSES: Surety Company of America
x AIU
�0 /^t �^,�/1 , 7
By: /�� \' ~�,~��/ /
w 7- / / ' / •
u / |
o� '
,.in1edName: Lormine]ones'Munay
m
4
�� ^ 1,-t41-- ChahtyA� ��ras�e|, Attornpy-|o'Fact. .
w ; (Provide Proper Evidence ufAuthohty)
�
Printed Name: Kristi A.Tulin
ACKNOWLEDGMENT
,_,/-
STATE OF
_,7STATEOF r'-
COUNTY OF C ~|�^/
"
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 24m DAY OF
K8arch, 2015, BY CHARITY A. STRASSEL AS ATTORNEY-IN-FACT OF TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION
_.
Notary Public - State of 7:::-/---- ~Ps GEORGE lLEMON (SEAL)
MYCOMMISSION xR086GB
/~` _
�� `�mr�c' / � �«�:w� PrintedName EXPIRES: 2018
. .� ' -�,`wr m��o��mm�x��u�mn
ei_// cr , ��L-
1,�
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.,.
817£ .6d 181132d ,
POWER OF ATTORNEY
TRAVELERS ,i Farmington Casualty Company St.Paul Mercury Insurance Company
_.
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company A
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America ti
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
5
/..
Attorney-In Fact No. 228643 Certificate No. 0 061276 61 1
I
KNOW Al.I. MEN BY TIIISE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
,•>i. Company.St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United States
a) Fidelity,and Guaranty Company arc corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
O s
= corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc..is a corporation duly organized under the
3 laws of the Stair of Wisconsin(herein collectively called the-Companies"),and that the Companies do hereby make.constitute and appoint .
CD
=
,f•
.. .
. Huntley A. Hornheek IL Kristin M.Neiert.Marc E.Williams.Stephen J.Ilenzz.Charity A.Strassel.and Dawn Y.Colecchio
to
b.'
g i
tu P
0 1 CD
a) of the Cay of NaPICS ,State of Florida ,their true and lawful Attorney(s)-in-Fact,
0
= each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,reeognicanees,conditional undertakings and
CD.
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of 1
7.3 contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
"
IV
CD I
. .
IN WITNESS WHEREOF.the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22nd
October 2014 1,
day of , .
73
CD r
Cu Farmington Casualty Company St.Paul Mercury Insurance Company
U'
CDFidelity and Guaranty Insurance Company Travelers Casualty and Surety Company t
g Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
in St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
itT St.Paul Guardian Insurance Company
x
CD. ,,,.. r . r•.$1,1 G
4 t. ...,..ola, ik11 I Ns 0 V ilth, al Ajo
co ,A .,..,
Sin
a f )
CD c- S 0 cl WCORPoRATED/5 ,_' Zit° "6.1, lic•.......,--,3, .
.,, aianoro, 1 5 manure, , mailman
70 i 7 1896
CD \,..kXccd.* 1051 , ‘tfik- .;...s E A LA:if tks 13 Am itil •:, cAl"w. i ccw'04,
'.? dp, ,k. Y.,0 ,....\ ,,
11. r
°I ''.0. S'' At, Pt'E' 4.'
,S 1/2,4% 4.:3:0 4. 04,,........."
0'4. $
CD ,.......0 44 . .:04 '44.47 Al,
CD
rn ,
X
0
ro State of Connecticut By:
< Al
n City of Hartford ss. Robert L.Raney, color Vice President
—a,
22nd October 2014
On this the - day of ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,Inc„St.Paul
Fire and Marine Insurance Company,Si.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers '
Casualty and Surety Company of America.and United States Fidelity and Guaranty Company.and that he,as such,being authorized so to do,executral the foregoing '.
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof',I hereunto set my hand and official seal. T-Ani :('-' N(1\.AitAA C. i.AvttaLuzi- ,
My Commission expires the 30th day of lune,2016. * ot, 4*: Marie C.Tetreault,Notary Public
41.NECC`!"•'.
•
58440-8-12 Printed in U.S.A.
c1.91f91. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
617£'Bd 193138d WARNING:THIS POWER OF ATTORNEY IS INVALID wrrHoirr THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Pau; Fire and Marine Insurance Company,St, Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chaimian,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or arty Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
1 FURTHER RESOLVED,that any bond,recogni7ance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
— i
• President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if requited)by one or more Attorneys-in-Fact and Agents pursuant to the power
• prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
13 FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
CD ,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
• ';;. certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
3 and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
Cs the Company in the future with respect to any bond or understanding to which it is attached.
ato
03
,4 I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
CD
O t .
• IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this test day of 11\ka
201
(I)
(7)
co
CD
Kevin E.Hughes,Assistant Sec ry
o
n)
F
co + ,
'ffakNi. licento 4r4
4°1 Mbk
POOTIPCZO •
0 9 0
• 0t ^
let n nitrir
CD ;.! \ 1951 SEALL?
,4* t 4",
CD 4-.106 ‘Sti
' • 4
CD
M
X
• To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at wwwiravelersbondcom. Please refer to the Attomey-In-Fact number,the
<2) above-named individuals and the details of the bond to which the power is attached.
q'91/'9 1. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER