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Agenda 07/07/2015 Item #16A107/7/2015 16.A.10. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20110002190) for work associated with Saturnia Falls Plat One (Riverstone). 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 -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 Saturnia Falls Plat One (PL20110002190). The As -Built lake cross sections have been received and the lakes have been inspected by the Development Review Division. 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 Performance Bond in the amount of $493,500.00. Development Review 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, Growth Management Department Attachments: 1) Location Map 2) Copy of Performance Bond Packet Page -841- 7/7/2015 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20110002190) for work associated with Saturnia Falls Plat One (Riverstone). Meeting Date: 7/7/2015 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Growth Management Department 6/5/2015 8:57:59 AM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Growth Management Department Date: 6/8/2015 5:12:01 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/11/2015 9:58:39 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/11/2015 9:59:27 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 6/15/2015 10:23:24 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/20/2015 7:31:15 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Packet Page -842- Date: 6/22/2015 8:36:00 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:29:33 PM 7/7/2015 16.A.10. Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 6/25/2015 11:08:02 AM Packet Page -843- 7/7/2015 16.A.10. LOCATION MAP .,er nDC Packet Page -844- NEU- 1 LOCATION MAP .,er nDC Packet Page -844- COLLIER COUIN T Y LAND D'CVELOPivtiNT CODS PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that G.L. HOMES OF NAPLES ASSOCIATES II, LTD. 1401 UNIVERSITY DRIVE SUITE 200 CORAL SPRINGS, FL 33071 (hereinafter referred to as "Owner ") and THE CONTINENTAL INSURANCE COMPANY 9800 NW 41" Street, Suite 300 Miami, FL 33178 7/7/2015 16.A.10. Bond No. 29 7793 (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 Four Hundred Ninety -Three Thousand Five Hundred Dollars ($493,500.00) 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 will complete the requirements of excavation permit number 59.912 AR -6124 for the project SATURNIA FALLS pursuant to Collier County Ordinance No. 91 -102, as amended (hereinafter referred to as "Land Development Regulations "). This obligation of Surety shall commence on this 1° day of June, 2005 and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation, (`The Guaranty Period"). 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 maldng 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. Packet Page -845- 7/7/2015 16.A.10. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this V day of June, 2005. i • Wrmmm ll State of Florida County of Broward (Owner's witness and signature block) G.L. HOMES OF NAPLES ASSOCIATES II, LTD. G.L. O OF tjAPLES II CORP., its gen 1 partner BY: N. Maria Menendez, Vice President The foregoing PERFORMANCE BOND was acknowledged before me this 13' day of June, 2005, by N. Maria Menendez as Vice President of G.L. Homes of Naples Associates II. Ltd. who is personally known to me, or has produced identification. otary Public — State of FWda elm, M olio F/M�ANy�� Smts ia, 2 Z. 9A�t.Cannb E�cPMes 009 Kai hl en M c0 h � soon W391078 Printed Name " �" ea�ded By Na wW Notary A Packet Page -846- r 9 WITNESSES: /J Pr ,7-7 nted - 7 Printed Name State of Florida County of Miami -Dade 7/7/2015 16.A.10. U (Surety's witness and signature block) THE CONTINE NTAL INSURANCE COMPANY BY: D.A. Belis, Attorney -In -Fact and Florida Resident Agent The foregoing PERFORMANCE BOND was acknowledged before me this day of June, 2005, by D.A. Belis as Attorney -In -Fact for The Continental Insurance Company who is personally known to me, or has produced identification. NotaryjPublic — State of Florida ,•�o'Y °� -, Ivette Prendes A�- ioDD366519 - .','�' �. 27, 2008 Printed Name ''' °�� `'° WWW.AARotiNOTARY.com Packet Page -847- 7/7/2015 16.A.10. m POWER OF ArryV APP OINTING INDIVIDUAL ATTO Y -IN -FACE Know AN Men By These Presents, That The Continental Insurance Company, a South Carotins corporation, Newark, New Jersey, a New Jersey corporation (herein called "the CI C on, and Firemen's Insurance Company of offices in the City of Chicago, and State of Illinois, end that they do by virtue of the � are duly organized and existing corporations having their principal appoint signatures and seals herein affixed hereby make, constitute and D A Be4 Individually Of Miami, err their true and lawful Aory instruments o with full power and authority hereby conferred to sign, seal and execute for and on their behalf ads, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind than thereby as iirlly and to the same extent as if such instruments were signed by a duly authorized officer of their corporations 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 duly Resolutions, adopted, as indicated, by the Boards of Directors of the corporations printed on the reverse hereof; Is Witness Whereot; the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 21 st day of April, 2004. The continental In Company .• '•. tfi� s . :ice' Firemen's Insurance Company of Newark, New Jersey L S Michael Gengler Senior Vice President State of Illinois, County of Cook, ss: On this 21st day of April, 2004, before me personally come Michael Gengler tome known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of The Continental Insurance Company, a South Carolina corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrunent are such corporate pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto' that they were m affixed aelatowiedges same to be the ace and deed of said corporations. punt to like authority, and APIA OFFICIA ELIZA -W.M MY Commission Expires September 17, 2006 Mum lzme Notary Public CERTIFICATE I, Mary A- Ribr7cawskis, Assistant Secretary of The Continental Insurance that Company, a South Carolina corporation, and Firemen's Insurance Company ofNewark, New Jersey, a New Jersey corporation do hereby . further certify that the By -Law and Resolution of the Board of Durators oaf the Corporations a ow of Attorney herein above set forth is still in force, and whereof I have hereunto subscribed my PTm a reverse hereof is still in force. In testimony name and affixed the seal of the-said corporations this / day ofd_. s = Form F6850- 112001 The Continental Insurance Company Firemen's Insurance Comp�\fNewark, New Jersey Packet Page -848-