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Agenda 11/15/2016 Item #16A24 16,A.24 11/15/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,000,000 to WCI Communities, LLC., which was posted as a guaranty for Excavation Permit Number 59.739-1,PL20140002101,for work associated with Lamorada f/k/a Indian Hill Estates. 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 Lamorada, PL20140002101. The As-Built lake cross sections have been received and the lakes have been inspected by the Development Review Division staff. This project was originally submitted as Indian Hill Estates,AR-9784 in the CD Plus system. The project was converted to Cityview and assigned the current number of PL20140002101. 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 $1,000,000 to WCI Communities, LLC. 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'. 551 I6.A.24_:_' 11/15/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.24 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$1,000,000 to WCI Communities,LLC., which was posted as a guaranty for Excavation Permit Number 59.739-1,PL20140002101 for work associated with Lamorada f/k/a Indian Hill Estates. Meeting Date: 11/15/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 10/11/2016 2:48 PM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 10/11/2016 2:48 PM Approved By: Review: /*-\ Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/13/2016 3:58 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/17/2016 9:03 AM Growth Management Department James French Additional Reviewer Completed 10/18/2016 11:18 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/25/2016 10:41 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/28/2016 5:11 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 7:48 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 11:01 AM Budget and Management Office Mark lsackson Additional Reviewer Completed 10/31/2016 11:17 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 4:59 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM Packet Pg 552 MLneaoue- uan;aa(uo'�e���x3 �ppuo8 : 81Z} a)to dei uo;�oo- :;uauayoe��bvN < 1---IL 1 1.2 IQ 1 i CL o CZ CO IIgilgtiiik,zzl,"tg 011,141,1010.0,1 i 1EL 1 �I o �-- — ---- I v.ibcAve 3encv13N1M„ ^s y ._ F —531-",,,4 s0w,4M 1 z .G �t ,� W 1) j o 11 II I h ' °'�'� h ': Lg%' i& I „iter I ,., ,, err y l u .� w m n� a v m w+s �N �wmr# 'h wk Q , w07 x �a ,' , 1 q �I it �, ' 4tiusij' 5kmw OMYn33/WB tYE_3JY_`1a3M �< �q�^ y¢, --- �� Y' teu 9 ,elf 3 T� P rr- 5; //� IT' sM mry,"P Mv°+ hei x a �'�a`: U 3��� V J Y ' T it ','4 •,• ^h '41, SSS W II r ' -:"-"'/,..iitat.:,N,,,,,,,,-..::;;:.:,..:,:....-„,.„,,,,,„,,,,,„, 0:„,.� Ndf� �”I-� :Ygyy� • rf ';�N�i'.t !-"3d,', .:„.,!„-,,,„,,,,,,,,,,,,r1414011, —I n I ;p �l `> , ; � 3n,..35 —._—pp__—_. ;�" _.__. 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W o Int. , .� 6 3 _ Fe Jg O 1� ti s yam ,, J a s 0WA3YI0B kiwi= cos VD ■ ■ — e I ) 3 ,N, I n (iN0)SONY1NbYb vY'JYy3l fib0) 54lad,,D 3030 -� lOb1W3H \ —0- 21-11—`, - :1,— c nan DC Lf 11CC 3O] ; 16m� . _ � r_� PERFORMANCE BOND FOR EXCAVATION WORK Bond No. K09002443 KNOW ALL PERSONS BY THESE PRESENTS:that VVCICommunities, LLC 24301 Walden Center Drive Bonita Springs, FL 34134 (hereinafter referred to as 'Owner') and Westchester Fire Insurance Company 436 Walnut Street Philadelphia, PA 19106 (215)640'100 (hereinafter referred to as "Surety) are held arid firmly bound unto Collier County, Forida, (hereinafter referred to as "County") in the total aggregate sum of One Million and 00/100 ($1.000.000.00) in lawful money of the United Stmkes, for the payment of which sum well and tnu|yto be made, we bind ouroe|vea, cis our heiru, exooutoro, udminiatnaVzm, successors and assigns, /oinUy and yevo,aHy, 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-AR-9784, |nd:anHU| Estates and that certain excavation permit shall include specific improvements which are ruouired by Collier County Ordinances and Resolutions (hereinafter"Land Development Regulations"). This obligation of the Surely shall commence on the date this Bond is executed and shall continue until the date of completion of the work and approval � co 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. ,p NOW, THEREFDRE, 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 uo 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, cu PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and innnnedia\oly, 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. r The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other � documents shall include any alteration, addition or modification ot any character whatsoever. IN WITNESS VVHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 28th day of August, 2014. `� �` ����/^`��� �� ` ��� � Packet Pg. 554 -� 16.A.24.b .......- ‘,...... ,ITNESSES: WCI Communities, LLC \ 70/„4,10 (' By: )-- a ut/0 -k 01 f-/ WI e-'d o. Le- -W. Printed Name Printed Name/Title Cil RI 5t;i3 e 14..)/ ...yKo (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT —c- o ..c STATE OF F/Ofi iCh_ co COUNTY OF .I.,..e 6. cc 0 ›c u..i , E FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 447 DAY OF cc 'r , avid B -5'n e.,la. i_er hi . Vie.e. hies/4/6,4ft, akiz &imolai?ih e3. &LC. -o W 0 IS •ERSONALLY KNOWN TO ME •R HAS PRODUCED AS IDENTIFICATION. o E co Notary Public - State of C.70,fid "4,..,",,, RUTH J. MARIANETTI -1 A - , 1411.y.S2 Notary Public,State of Florida 4:7•1>,.„„...-il My comm.expires June 15,2018 (SEAL) '5 A_ _. i • !x___.e../ ir ' "4,f4Ae Commission Number FF108307 -o Pu ted Na e c o 77" NT Piik k iz2/)Sill ea _ cc i•-• ,-- C•1 C 0 CO WITNESSES: WCI Communities, LLC a) 0 By0 0 : ,c...4.1j- c g 15. co Margarita Hol * Stacy Killebrew,Attorney-in-Fact EL ivr2 7-14._,• gui,p,\N (Provide Proper Evidence of Authority) g 7 tt-/-2 ei u co Joseph R Poplawski Zi Packet Pg. 555 16.A.24.b 'NNW r•—•-• ACKNOWLEDGMENT STATE OF Colorado COUNTY OF Denver THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF August, 2014, BY Stacy Killebrew AS Attorney-in-Fact OF Westchester Fire Insurance Company WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED Drivers License AS IDENTIFICATION. Notary Public-State of Colorado Kathleen K Freund Notary Ptblio State of Colorado My 008Wrimisn Soho Finny MM. (SEAL) Kathleen K. Freund gs 14-ELS-02650/7 xUi E C C) VC co co r- .c71 V C0 CO (.) 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