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Agenda 01/27/2015 Item #16A 2 1/27/2015 16.A.2. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$4,060, and a Performance Bond in the amount of$19,640 which were posted as development guaranties for work associated with Haldeman's Landing, Early Work Authorization's (EWA) PL20140001581 and PL20140002326. OBJECTIVE: To release two securities which were posted as development securities. CONSIDERATIONS: The Development Review department routinely accepts securities administratively as guaranties for developer commitments. These securities were provided in association of an Early Work Authorization's which were issued pursuant to Section 10.01.02 B of the Collier County Land Development Code. The work associated with these securities has been inspected and the developer has fulfilled his commitments with respect to these securities. The subject securities were provided for work associated with a multi family project. The Performance Bond and Cash Bond were posted as security for clearing and site filling in advance of the final subdivision approval for the Haldeman's Landing project. On September 30, 2014, the Development Review department approved the Site Development Plan (SDP) for Haldeman's Landing (PL20130000015). Once the construction plans for this project are approved, the security is no longer required. The construction plans include approval for clearing and site filling. 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: That the Board of County Commissioners authorizes the Clerk of Courts to release the Cash Bond in the amount of$4,060.00, and the Performance Bond in the amount of$19,640.00. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review, Growth Management Division Attachments: 1) Copy of Payment Slip and 2)Performance Bond Packet Page-144- 1/27/2015 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$4,060, and a Performance Bond in the amount of$19,640 which were posted as development guaranties for work associated with Haldeman's Landing, Early Work Authorization's (EWA) PL20140001581 and PL20140002326. Meeting Date: 1/27/2015 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 12/22/2014 7:42:51 AM Approved By Name: McLeanMatthew Title: Project Manager,Principal, Operations and Regulatory Management Date: 12/31/2014 11:09:49 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/2/2015 4:59:53 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/14/2015 9:49:39 AM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 1/20/2015 9:57:20 AM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 1/20/2015 10:21:48 AM Name: KlatzkowJeff Title: County Attorney, Packet Page-145- 1/27/2015 16.A.2. Date: 1/20/2015 2:29:24 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/20/2015 2:50:55 PM Packet Page-146- 1/27/2015 16.A.2. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014187197 Transaction Number: 2014-034315 Date Paid: 07/23/2014 Amount Due: $4,060.00 Payment Details: Payment Method Amount Paid Check Number Check $4,060.00 71000567 Amount Paid: $4,060.00 Change / Overage: $0.00 Contact: Standard Pacific of Florida, GP - South Florida Division 405 N. Reo Street, Suite 330 Tampa, FL 33609 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Refundable Bonds PL20140001581 $4,060.00 $4,060.00 670-000000-220113 Cashier Name: melissaalvarez Batch Number: 3895 Entered By: paulabrethauer Packet Page-147- 1/27/2015 16.A.2. ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: - 61S_ 0 Al DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: October 24, 2014 To: Office of the County ounty A y Attention: Scott Stone, Assistant County Attorney From Matthe r McLean, Principal Project Manager(252-8279),,........---'" Re: Haldeman's Landing `� EWA- Performance Bond # 929600758 PL20140002326 BACKGROUND OF REQUEST/PROBLEM: Approval of Performance Bond for above project. This item has not been previously submitted. Engineering Review is requesting review of the attached document for legal sufficiency before accepting the Performance Bond #929600758. ACTION REQUESTED: Please review the enclosed document and advise this office if it is legally sufficient. OTHER COMMENTS: N/A rtc v,L t`, IS/ Attachment Packet Page-148- 1/27/2015 16.A.2. ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE (orig. 9/89) REQUEST FOR LEGAL SERVICES Date: October 24, 2014 To: Office of the County Attorney Attention: Scott Stone, Assistant County Attorney From: Matthew McLean, Principal Project Manager (252-8279) Re: Haldeman's Landing EWA- Performance Bond # 929600758 PL20140002326 BACKGROUND OF REQUEST/PROBLEM: Approval of Performance Bond for above project. This item has not been previously submitted. Engineering Review is requesting review of the attached document for legal sufficiency before accepting the Performance Bond #929600758. ACTION REQUESTED: Please review the enclosed document and advise this office if it is legally sufficient. OTHER COMMENTS: N/A Attachment Packet Page-149- 1/27/2015 16.A.2. PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS Bond No. 929600758 KNOW ALL PERSONS BY THESE PRESENTS: that STANDARD PACIFIC OF FLORIDA, a Florida general partnership 15360 Barranca Parkway Irvine, CA 92618 (hereinafter referred to as"Owner")and THE CONTINENTAL INSURANCE COMPANY 4150 N. Drinkwater Blvd., Suite 400 Scottsdale, AZ 85251 (480) 941-3292 (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 Nineteen Thousand Six Hundred and Forty Dollars ($19,640.00) 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 Early Work Authorization Permit No. PL20140002/ &and that certain Early Work Authorization 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 completion of the work and approval by the County of the specific improvements described in the Land Development 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. 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. EWA-PL20140002326 REV: 1 HAIIDEMAN'S LANDING (EWA EXTENSION) DATE: 10/22/14 DUE: 11/13/14 Packet Page-150- 1/27/2015 16.A.2. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 16th day of October, 2014. WITNESSES: OWNERS NAME: Standard Pacific of Florida,a Florida General Partnership ( eLa R CS S By: Printed Name Standard Pacific of Florida GP, Inc., a � !!rrJ^ Delaware cord Genera artner 0Y6"v'k 4,,y2 Name:_ Pp'nted Name Michael DeBock Title: Vice President of Land Acquisitions ACKNOWLEDGEMENT STATE OF r((-:ri i u , COUNTY OF (3(O(d...k21 (/ HE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS-.20 DAY OF .. r , 2014, BY (Michael DeBock AS Vice President of Land Acquisitions) OF (Standard Pacific of Florida, a Florida General Partner pip y--Stnndard Pacific of Florida GP, Inc., a Delaware Corporation, its General Partner) WHO IS PERSONALLY KNO BLT.C)JrdP-112.dAS 2RL'2D11GF11. AS IDENTIFICATION. GISELA ROGER it.0,072%.1,1%.A Notary Palate•State of Florida Notary Public— �� Illy Comm.Expires Oct 27,2017 State of p s. Commission N FF 066353 ""'"` (SEAL) Printed Name WITNESSES: The Continental Insurance Company !� f, '14�‘‘-- �, By. � ' Misty Wrig — L' / `` .�-----—° Tracy Aston,Attorney-in-Fact Befaette Aleman (Provide Proper Evidence of Authority) SEE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ACKNOWLEDGMENT . State of I County of THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2014, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public- State of (SEAL) Printed Name 14-EiS-02650/6 Packet Page-151- POWER OF ATTORNEY APPOLNTING INDIVIDUAL ATTORNEY-IN-FACT 1/27/2015 16.A.2. Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania insurance company,is a duly organized and existing insurance company having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Tracy Aston, Tom Branigan,Edward C Spector, Kristine Mendez, Benjamin Lee Wolfe,Daravy Mady,Lisa K Crail, Simone Gerhard,B Aleman,K D Conrad,Individually of Los Angeles,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the insurance company. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of August,2014. „•ii;• The Continental Insurance Company 'fie. k14• �y E : r '� Cam•: 41100JM1 � a 111 "1” •' Paul .Bruflat . Vice President State of South Dakota,County of Minnehaha,ss: On this 27th day of August,2014,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of The Continental Insurance Company,a Pennsylvania insurance company,described in and which executed the above instrument;that he knows the seal of said insurance company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance company. J.MOHR S NOTARY PUBLIC KOTA (17)72A11/1 KZ)SOUTH DAKOTA My Commission Expires June 23,2015 J.Mohr Notary Pubiic CERTIFICATE I,D.Bult,Assistant Secretary of The Continental Insurance Company,a Pennsylvania insurance company,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of OCT i+� iik The Continental Insurance Company 9,f,•. A �•�� Ci, ��SrI . jr11 nt i�f• rata.��� 0: "�•" D.Bult Assistant Secretary Form F6850-4/2012 Packet Page-152- 1/27/2015 16.A.2. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On OCT 2014 before me, Simone Gerhard, Notary Public, personally appeared Tracy Aston who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc subscribed to the within instrument and acknowledged to me that 4e/she/they executed the same in his/her/the-if authorized capacity(es), and that by his/her/#heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. six' s ♦ .»- c a.:,3.;.�.,r:3c—r: r s.a �.. ,f'" sivc4� G€Fi�r,�sn Signa ure.:7 C„mnossion ;# 1960163 a 4i r' i71 Notary Public-CaE?ornia z` Sii-none Gerhard t:z1,?` Los Angeles County My Comm. Expires Dec 9, 2015 Packet Page-153-