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Agenda 04/14/2015 Item #16A 6 4/14/2015 16.A.6. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 105870795 in the amount of$29,440,which was posted as a guaranty for Excavation Permit Number No. 60.109, for work associated with Creekside Commerce Park East. 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 22-155 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 subject security was provided for work associated with a planned commercial project within the Creekside Commerce Park CPUD. The Performance Bond was posted as security for an Excavation Permit associated with Creekside Commerce Park East (AR-PL20130002708). The As-Built lake cross sections have been received and the lakes have been inspected by Growth Management. 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 Performance Bond No. 105870795 in the amount of$29,440.00. Development Review 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: 1)Location Map and 2) Copy of Performance Bond /'■ Packet Page-273- 4/14/2015 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.6. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. 105870795 in the amount of$29,440, which was posted as a guaranty for Excavation Permit Number No. 60.109,for work associated with Creekside Commerce Park East. Meeting Date: 4/14/2015 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 3/4/2015 1:19:45 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 3/11/2015 1:03:36 PM Name: McLeanMatthew Title: Project Manager,Principal, Operations and Regulatory Management Date: 3/16/2015 7:16:28 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 3/16/2015 8:43:08 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/23/2015 10:49:51 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/24/2015 9:35:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2015 2:44:42 PM Packet Page-274- 4/14/2015 16.A.6. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/31/2015 11:35:28 AM Packet Page-275- 4/14/2015 16.A.6. • Y � ZK NK/AZ HDd n dd I ( W O \ { �W 22 1- ,vb N a x � z z bU o �' a O . 4: z o ■ CL = I : ::::::: :: ::: :: :: ::::: : :: ::i:::::::::.::::i:!::::::::i:::: < 2 a 4111:11 o m U 1111:11111:11 111111 11:W l!H • N W L.J Y F W W_ U H U J H �/'� aJ a °a VJ Li' °z E 0 I s / BOULEVARD I x PARK � c HEALTH n m a � I Z U Q W O_' m Vl jg Q 1— W U U W O W O J STREET CREEKSIDE ,, Q' z a. - U .s OA U re 1 31V05 01/ON G O U ' W Ca . ,I,M I ROAD Nc 2ar Q 1 � LA/NORTON a or W..,.8n 1N° ilk, , ile w° :, h. - c, [DOD NOIBONINT 1 3 i !- 2 rc E° '�,�� o ISs 3 O Q i° OVOR Dm-me-maw,/ ^ r ¢ O u OM (1 ; Y Amin ' '1 < 0 d A R w w ." €€ V - ! 61 € a s iiiiiIr9)aar a navgI— Aril g 00 O h. 1 �� 4 1r17 TAMIPMI 48.ail R A- 2 ' S a O ° gel a i a, ii 3 'MI _ " low ^ t 0 1-m.31 I f o ,6 g mg K E 3 I � a it e - tie + ---- 1=MI'»—,'�� Packet Page -276- • • 4/14/2015 16.A.6. Bond No 10.5870795 KNOW ALL PERSONS BY THESE PRESENTS:that Crgeiai _F S,-Jtiq,,,whose acdress is 2600 Golden Gate• Parkway. Naeles, Florida I34 (hereinafter referred to as 'Owner", and TraviejgreLgiege and Surety Company of Amelia,whose address is One Timer Soarre=_LI F etford,S Q681t(hereinafter referred to as"Surety"), are held and firmly bound unto Eksard_of Cooly cornmiseienere_of_Collier County, FL (hereinafter called 'County"), in the total aggregate sum of Nicety-nine,t y ng four henked forty ciders and Nag?($29,44D.0O( in lawful money of the United States,for the payment of which sum sull well and truly to be made, Marc bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and sever ally,firmly by these presents. Owner and Surety are used in the context of singular cr plural, as the context:requires. THE CONDITION OF THIS OBLIGATION Is such that whereas, the Owner has submitted for approval by the Board of a certain subdivision plait named Creekside mnejrce fjsrk East and that certain subdivision shall includes 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 the fired acceptance oy the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the 'Guaranty Period"). 140W, 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, arid 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 reasons of owner's failure to do so, and shall reimburse and repay the County all outlay and expense for 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 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 obligatkan 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. PFROViDED, 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 t ne 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 dcx:urnents,shall Include any alteration,addition or modification of any character whatsoever. IN WITNESS WHEREOF,.the parties hereto have caused this PERFORMANCE BOND to be execv+:ed this 13'"day of F'ebruaryel 14. r OWNER: � / ���/ w^^� SAW: ". Creekside east"Inc. / / Tra i trs' asuaay and Buret%,'omGany cf.C.ricrrra BY: /4,1 ` ,. A..4")i Doug!.s� laird,\ ee-R st:,adent Charity A.Stras ,Attorney-In-Fact(Seal;' r "S: t VJITNES��y // r Print Narne�jet(<1_1.1.3�� "E�fR-� Print Name:_//li`Lc_V.%/ Packet Page-277- • __�!___.__.__._______ 4/14/2015 16.A.6. WARNING 1HLS F'CWER OF RIIDRNEY I'a IMV.AtdO'NRHJUI"llllE PED BTRDEP. CP1 ANN POWER OF F1TIrORNEY 'TRAVELERS Fmninghm Ciaatte y Company Si..Paul Mercury Insurance Company Fidelity and e7aartaty Innoranee Company 'ramlers Casualty and Surety Cumpe ny "ra\ Fidelky and C:aaranty L:mrance Underwriters,Inc. 'Rn'elars Casually arid Surety Company of America St.Paul Fire and Marine Insurance Company !Juliet State::Fidelity and Guaranty Company Si.Paul Guardian Gnaroace Company 55,42z 7 Atamneyln Fan No. Zza l�o Pwndfkae No. 0 0 KNOW ALL MEN BY THESE PRESENTS:Thu Panrdngron Casualty Company,St.Paid Fire and Mirka it sucanee.Company.St.Paul Guardian Insurance Company.Si.Paul:Mercury Inawuace Coronary.Travelers Casualty and Surety Company,Travelers C:arsualty and Surety Company of Aneri:a,and United States Fidality and Clurac.ty Company are corpotsticns duly agonized andr to laws of the Sate of Contemns at,that Fidelity and Guaranty human.Company is a eat uoratbx.duly arpauied undo ix lawn of:he State of lows,and the:Fidelity and.Gsasnty Insurance ldrmderwdlers..tins.,h.c.coilman ism duly organizes.under the laws of the State of W isce,cnn therein collectively called the',Companies"),tad that the Companies 4c,haab:make,soother oral a apolm Huniky A.Nontbe h II.Kristin M.Neiert.Marc E.N'illiami,Stephen I.Scrza,Betty L.Curry,etc.Charity A.Susisei of the City of J)I='! __,Stns r F'Iu>rida .Olga lute and lawful Annrneyts)•in-Fart. each at their separate capacity if:mat than one is named ayxne,to sign.termite,seal and alone.ledge any and all lends,necogni.anx s,nand tiara.andenak)ngt and once writings obligatory in the to tee thereof on behalf of the Companies in their Willmar of guararnesing the fidelity of persons.guaranteeing the performance of etamnxa and executing or gusraraeein;somdt,end wdemkinlp required or permitted In soy actions or pmceed..ngs allowed by law. • IN WITNESS WilEltEOF.the Cxngalies here caused this insuvnrnt to b:signed and their:�mporiaa scab to be lacers aff arid.his 'l8th day of lune _ 201:1_ _ - --- • Farmington n Ciasiaky Company Si,Paull M.reury brnwranm a Company Fidelity mid Guaranty hawranto Castpatg 'trawlers Casually and Saltily Company Fidelity and Guaranty)rearraiiee.Unde wrterS,lute. Trawlers Citation y and Surety ceinywny of America St.PAW Fire and Marine Insurance Company Linked States Fidelity and Guaranty Cowpony Sc.Prod Girard-lam Ieauraace Company F, 4t maaMaco F 1 (1'M r\� �_ � � � ' (i1'.4 : g ) l �f"_ (al , I r( ! t(Nacres.)" 19lFI Scab+. [ttdtT / (i awe J/ ,f"112,1! on-7) � n� yst t a �� \ _.. \\�_� �v� �+r //, :State of C:onnen,cul E'9' City of Hanford a. Robert L.Vary.tm.or vide Pes,den: 20:3 On thus the 25th day of June __ _. •beers rues penxaty appeared Robert L.Raney.who a:ta»v:kdge:d himself to be the Senior Vice Pesalen of Farmington C:atuaity C canpu.y,Fidelity and Guaranty:Interaee:e Cowpmy.Fkelicy.end Game ty in;.umn a Lodcr.vnhnn.,Inc-St.Paul .Fire and Marine Insurance:C:errrpley.Sr.Paul Owmlian Insurance Company,Si.Plai Max g,insurance Company,Traveler.Casualty anti Sway Company.Travelers Casualty and Sway Company of A.nenca.end United States:Fidelity and Guaranty Company,and than he:.an such.being antic rite an to do..crcatac to(meaning in:alumna for de augwses thciein contained by signing on behalf of the co pond xs by himself as a duly an horizco officer. Ile Witness Wleraor,I hereunto:,el my band and official soul. 4• 1 1��4�' C•.� IMy Gornmissicn empires Ole 101h dry of ha:.2016. * A }I1 Slave C'fer.-e nit,.l ea,y:labs a oti 5£441)4.12 Printacl in WARNINit THIS PCWER Cc R==RRF_1'IS INVALIWWITNOUT TIlll;RE 00 EOOR:lacc • • Packet Page-278- 411 4/14/2015 16.A.6. Owner Creeleside East,,Inc:. • Syr. _-- / _ ' Douglas k.&1 \/iroe'Rrs dent Signed,Sealed anti delivered In the presence of: STATE OF FLORIDA • COUNTY CIF COLLIER �Tt�he,foregoing instnirn�e`nt:was sworn to and acknov�ledged before me this It ay of� 4�1'I,ar --'2014,by I 1 % L33Ley¢ ___,on behalf of Qj_`C,ktjy1ig_ ls, __,vAul Isserso riallzkna mg or producedl as identification. --- eestewaswinestrisneowwwwireeessnel � rail,AAVIOas tt ) In cawxsycw a Fif,2010 NOTAJ M PUBLIC � E><I'1RC•.liZ-rOrumy tti,20ttt My Commission Expires: •lcl_Z OI 2r • • • • ' II , l • Packet Page-279- 4/14/2015 16.A.6. TiraveDetre Casualty&Surety Company of Amorioa Bond No.105870743 Notary Acknowledgement STATE:OF FLORIDA COUNTY OF COLLIER The fonagoinrcl instrument was sworn to and acknowledged before me this 24th day of January, 2014,by CharitL A.__.,trass,el on behalf' of Travelers CasuaIty_and Sure^Y' Conjpany_of Americo who IsA er&onally known to me. 1������ (SEAL) ___ NOTARY ?UB_IC ,.P' �' .�� THERESA A LIINEhU�f� �''l` 67Y'Cc>�MMISS�ON*F.Rueirie My Commission!Expires: �/2-//7 on+S' E:KPI191E9 July: 201i • Packet Page -280-