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Agenda 10/13/2015 Item #16A 4/1 10/13/2015 16.A.4. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,239,222 which was posted as a guaranty for Excavation Permit Number 60.093, (PL20130000232) for work associated with Raffia Preserve. 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 Raffia Preserve (PL20130000232). 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 (Board) authorizes the Clerk of Courts to release the Performance Bond in the amount of $1,239,222.00. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board, 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 -604- 10/13/2015 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,239,222 which was posted as a guaranty for Excavation Permit Number 60.093, (PL20130000232) for work associated with Raffia Preserve. Meeting Date: 10/13/2015 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Growth Management Department 8/28/2015 7:15:28 AM Approved By 11-11, Name: McLeanMatthew Title: Project Manager, Principal, Growth Management Department Date: 9/2/2015 4:22:24 PM Name: FrenchJames Title: Deputy Department Head - GMD, Growth Management Department Date: 9/3/2015 5:30:49 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/9/2015 9:53:56 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 9/9/2015 9:54:29 AM Name: WilkisonDavid Title: Department Head- Growth Management Dept, Growth Management Department Date: 9/10/2015 11:13:50 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation �-. Date: 9/22/2015 9:00:38 AM Packet Page -605- 10/13/2015 16.A.4. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 9/23/2015 10:03:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/23/2015 11:51:03 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/24/2015 1:02:23 PM Packet Page -606- n 3WM M lON / NNW AL ) 15 16.A.4. n Q CD z z 0 N I..L 5� G z 0 Q 0 N a z 0 od ' .m ° 4 OtivA3V1O8 .0 L96'v0 33L1 S¢ IFrorve Nx 3� sei �3 3 � yy 4 Z Q.Vn3Y 09 W001 W � Q cc d J Hx �° N a5m Packet Page -607- R I SL -3 VASN3AN — _ SM ANINroO a iIOO soDw A3"d'O ) 15 16.A.4. n Q CD z z 0 N I..L 5� G z 0 Q 0 N a z 0 . • 10/13/2015 16.A.4. Bond Number : SLJ35176 this.bOCA tC�i�C:i is Ofi1l1' fNhf¢N OI lltt {a ®t WftLf}' 6g1bi1lL SIAMARD PERFORMANCE'SECURIT`f DOCUfrdilrtM'FOR REQUIRED lMKitOVEMEtM PERFORMANCE BONO MaXALL PERSONS BY THESE PRESENtS:` t WCI Communities, LLC (NAME Of OMEM 24301 Walden Center Drive (ADDRESS. OF'OWNERj Bonita Springs, FL 34134 (hereinafter referred to as "Ownen : arrd Aspen American Insurance Company (NAME OF SUAETO 175 Capital Boulevard, Suite300 Rocky Hill, CT 06067' (ADDRESS TfELEF'HOIVE NUMBER OF WRETYY (860) 258 -3500 (hereiina rreftnvdto as lsur+eV)`are held ,and fi"bomd raft Collier Cou*,.0100 i (twreinaftsr re ed tc as "County") in the total aggregate sum 'of Dollars, ($j,239,222-00 ) in I&Wful money of the United States, for the payment df whictr s�trn vreli and. truly to be >rrrade, we bind ottrsette5. our heirs; eic+�cufars,. admLristr8tora; succees�ors Wd assigM joiroy and severely, &mty by -byese present& Owner and Surety are used for singular or - plural, as the content requirt . THE CONDHTION OF THIS OBLIGATION is such that whereas,. the Owrser ba0, VAX0400 f spprovafby the Board a certain nWlvislon plat named Raffia andthatcertain subdivision shall include specific improvements which are required by CollierC;oWlty Ordinances and Resolutions (hereiinaftet "Land Development Regulaticm *', This obligattba of the Surety shag wh=ence on the date Ahis. i 6nd is executed and shall continue until the data :*f final acceptance by-the Board of County Commissioners of the spectra irmptoVwjents deed .-In the Lard Deveioprner t Reguiff % (herelnafw the "Guara* Period°). l4OW, THEREFORE, if the Owner sisan wen, tub/ and *VVufiy puftni its obligations and d.u8es in accordance with `the Land Development Regula *AV6ft i1_1e guarantY plod "tWished by the County and the Owner shill s0sfy all rims and demand& rn vied and ioWi fully Indemnify and save harmless the County from anti a , 0. all costs and :damages which it may sufferby reason of OWner's 'failure to do'so, and OW, rBtmbursei and repay the county all outlay and expense which the County tnay ncur In matting good any default;. then this obl gadon shall be void, otherwise to remain in tuft force and effect. PROVIDE . FURTHER, that the said Surety, for value -v9eks4 herebyx SbPukfts and egrees that no change, 6xienslon of time, aiteratian, addition or deletion 16 1I'0.0 specific improvements shall in any way affect its obligation on this Song, and .ft does hereby waive notice of any such orange, extension of time, inwatloo, addition or deletion to tths proposed specific Improvements PROVIDER FU RTHER, that it is expres "sly agreed fhat'Ihe:Bond shell be deemed amended automatically and. immediately, without fonirral and sepai'ate`amendments herd, so-as too hind the Owner and the Surety to the full and faithful pert"drrrtance its accordant e ** One Million Two Hundred Thirty Nine Thousand Two Hundred Twenty Two Dollars and No Cents Packet Page -608- 11 0 10/13/2015 16.A.4. STA IVDARTYpERFORIUtANDE`SE,CtlR1TY E�llilE. F{?0 REi�E11RED�.IMFRaVE1UlE i r't11e;t.�s� CYYeV�eiOpt�f;Re�u)aticf�• 'the lerrr.1"Ai�ecAst#�rE;* wtetev,�used:�;jn #tom: . Band.;anC1 wtiett�err�l�r�g to;:8ortdr QX.oth�r dpccar+enis stsalC inc�rfe $ny' a(f�r�tott addFdon tu`modtitcai+on.of anV t hammer whatsoew. tiv WrTWMSWHEAEOF,. the partles ham. have.caused:fM.s'PERFORMAN? ACKN OWL.EDOEMEt iT tis'i;ATE''DF Fl oot i dL4L� COUNT,'" , j„de� THS FOREGOING PERFORMA. NCB ROND V1 M ACM NOWLEOGED,B8FQRL ME THf.B DAY Qf X21 / 20 / , V,- (NA'AnE GF AGKNOVULE. GER ).AS (b'FLE OF(HAM=.C7FCOMPAtMWHO l$ PE SQNALLY KNOWN TO ME, OR HAS PRODUCE'l3 AJ14 AS K3ENTtFiCA —nON, Notary .Pub Fotated, 'C OR.I .. 4 RUTH '*4RIA (8 ;o N OF uTH y!L!. ct_n '-sue ► srpk�; J +m ;U. IM Prfrrted`Name _ _ Co+sailsston Npa11# yVCLNamt JtiWreWN&M a[id ' -itte tt CorP atiOn)Aspm American Insurance Compa ACt{ WLEDGMENt THE,:FOREg'01N.G PERFflR4ANGEBQND WA$ AICXNC EDWt3' AErfits f Nth . / PAY OF �! AaJst 13S' (NAME OF JkttCitA►Ck�GE} A"Sr (i11 i.Ej. 4,��F-(IdC?F CMPRNYD 1S PERSF?iM I. ME, QEZ HAS`PROOUCED r;fa A$ !€3l =tM- FEGAT(QN " *Marie W. Edwards, II, Attomey -in -Fact of Aspen American Insurance Company Ann& lWth Ghil&m NotuY PvMr- State At tarpr Mp t,on+mfe� inn ecpira !0!03!2615 Packet Page -609- ON ACKN OWL.EDOEMEt iT tis'i;ATE''DF Fl oot i dL4L� COUNT,'" , j„de� THS FOREGOING PERFORMA. NCB ROND V1 M ACM NOWLEOGED,B8FQRL ME THf.B DAY Qf X21 / 20 / , V,- (NA'AnE GF AGKNOVULE. GER ).AS (b'FLE OF(HAM=.C7FCOMPAtMWHO l$ PE SQNALLY KNOWN TO ME, OR HAS PRODUCE'l3 AJ14 AS K3ENTtFiCA —nON, Notary .Pub Fotated, 'C OR.I .. 4 RUTH '*4RIA (8 ;o N OF uTH y!L!. ct_n '-sue ► srpk�; J +m ;U. IM Prfrrted`Name _ _ Co+sailsston Npa11# yVCLNamt JtiWreWN&M a[id ' -itte tt CorP atiOn)Aspm American Insurance Compa ACt{ WLEDGMENt THE,:FOREg'01N.G PERFflR4ANGEBQND WA$ AICXNC EDWt3' AErfits f Nth . / PAY OF �! AaJst 13S' (NAME OF JkttCitA►Ck�GE} A"Sr (i11 i.Ej. 4,��F-(IdC?F CMPRNYD 1S PERSF?iM I. ME, QEZ HAS`PROOUCED r;fa A$ !€3l =tM- FEGAT(QN " *Marie W. Edwards, II, Attomey -in -Fact of Aspen American Insurance Company Ann& lWth Ghil&m NotuY PvMr- State At tarpr Mp t,on+mfe� inn ecpira !0!03!2615 Packet Page -609- Is 0 10/13/2015 16.A.4. W) ASPEN Aspen American, Insurance Company 175 Capital Boulevard, Rocky Hill, CT 86667 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS, THAT Aspen American. Insurance Company, a corporation duty organized under the laws of the State of Texas, and baying its principal offices in Rocky Hill, Comnecticut, (herein the "Company's does hereby malm, constitute and appeaimt Ronald Fl. Giadresich; Mark W. Edwards lI, Jeffrey K WSsoa, Evoudis H. Woesauer, William Milton Smith, ,Rhea IL Founders, Robert FL. F'reel of McGrlff Selbels & Willisma, Inc. its true and lawful Attorneys) -in -Fact, with full powcrand authority hereby conferred to sign, "mule and acknowledge on behalf of the Company, at any place within the United States, the following instrument(s) by hisfi,er sole signature and act. any and all bonds, txognizances, and other writings obligatory in the nature of a, bond, recognizance, or conditional undertaking and any and all consents incident thereto, and to bind tho Company thereby as fully and to the same extent as if the same were signed by the duly anthorizod officers cf the Company. All acts of said Attomey(s }in -Fact done pursuant to the authority herein given are hereby ratified and confirmed. This appointment is made under cad by authority of the following Resolutions of the Board of Directors ofaaid Company cEective on April 7, 20 11., which Resolutions am now in firll fD= and rffwt VOTED: All Ere wwm Officers of the Compeny (including the PrcrAect; any Fzzutive, Se "oror Assisnnf Vint ftsideM arty Kux Pnsidem: mry TMsmer, Assistant Trmsmc, or Swretsry a Assastant Sammy) amyWomt AtRmeya in. Factto ace fx and on behalf oftbeGarnpanyto signwitkft Co stipaay'snameandscatwith the Cotnpanys sael, bonds, recognizances, and cti wwritiegs obligatory m the nature of a bond, mognaance, ncr conditional amdertaking, and smy of said Exxativo OT=m at any time may remove any such appointee and revoke the power given him or her_ VOTED: The bowing audio ity for mnainiiasses ofofficars ofthe Campy to appoint Aftxwye -in- Fhctby virtue oftPom ofA=rftw op sign and sealboodai rmoga¢mces, and otherwntings obligatory in the name of s. bond, rwognnawce or conditional undertaking, as wstl as to revoke any such Power of Attomey. is hereby granted apecificallyto the following individual officers of Aspen Specialty Insurance Mansgerncat, inc.: Michael Toppi, Executive Vice President, Scott Sadowsky, Senior Vice President, Kevin W. Gillen, Senior Vice President, Mathew Raino, Vice Prosident, Scott Mandeville, Vice President sad Ryan F -ieid, Assistant Vice President. This Power of Attorney may be signed and sealed by f caimite (mechanical or printed) under and by authority of the Blowing Resolution voted by the Boards of Directors of Aspen American Insurance Company, which Resolution is now in fall force and effect, VOTED: That the signature of arty of the Officers identified by title or specifically named above may be rffDced by facsimile to any Power of Attorney for ptuposes only of exoattmg and attesting bonds and undatakings and otber writings obligatory in the nature tb=e and any and all conscmts incident thcricto, and any such Power ofAnnmey or cartificatc bearing such faysirm7e sigrahne or facsimile seal drill be valid and binding Won the Company Any such power so exafed and citified by such facsimile signature andlor facsimile seal shall be valid and binding upon the Company with respect to any bond or untictakmg so executed. IN WITNESS WMtEOF, Aspen American Insurance Comparry has caused this msumnaot to be signed and its "corporate seal to be hereto arixed this 25m day of February, 2013. Aspen Ametieaa Insurance Company L STATE OF CONNF.C1TCUT SS. K(X -KY HiLl. COUNTY OF HARTFORD Mathewitaino, Vica Prosiderit Onthis 25a day of Febmary. 20.13 before me personally wmoMaftw Rama to me known, who being by me duly sworn, did depose an&say; that Woe President, of Asp= Amerman Insurance Company .the: Company d ednandwhicheocacled abuvei,nstrnmrat1hdWsholmnwstl andofs- -i3 the seal a>inaxlto thcsaid instrument is such co;ponce seal; andttffi hershe ocasmdtbe said inshumcat an bdmit oftlu Cop>psny byardhori), ofhis/hcr o *e Rations the roof, r S 4 •'• ~Y 1 1441- S8i,�✓ZA�. . Notary Public My commission expire: May 31, 20-16 CERTIFICATE �$� ' •' I the undersigned, Mathew Raino of Aspen American Lnsurana Company, a stack corporation of tix Stateo€Te has der baeby certify rhea tiw of Aftomay remains in Sall force and has not been revoked; and furthermore, ffiat the Resolutions of the Hoards ofD!iredon, as set forth above, are now and in fall force and effect 70 A,� It ?rtlz C::en undo, my hared and seal cf said Company, in Rock- 1zrT1, Connecticut, this =day of a • ty' lrs�, � d � t o. Name Mathew Ramo, Vice President *For verification of thcauthenticity of the Power of Attorney you may call (850) 760 -77721 or email Pauicie.Tat>e�aspaa -insax �ce.eoxn Packet Page -610-