Agenda 09/08/2015 Item #16A 29/8/2015 16.A.2.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$419,280 which was posted as a guaranty for Excavation Permit Number 60.082 -1,
(PL20120002539) for work associated with Esplanade at Hacienda Lakes, Phase One.
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 Esplanade at
Hacienda Lakes, Phase One (PL20120002539). 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 $419.280.00. 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
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9/8/2015 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
Performance Bond in the amount of $419,280 which was posted as a guaranty for Excavation
Permit Number 60.082 -1, (PL20120002539) for work associated with Esplanade at Hacienda
Lakes, Phase One.
Meeting Date: 9/8/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
6/15/2015 2:29:28 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:22:13 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:22:40 AM
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 8/4/2015 2:45:49 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 8/7/2015 3:05:04 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 8/18/2015 7:04:32 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
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Date: 8/22/2015 10:23:25 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/24/2015 9:49:40 AM
Name: IsacksonMark
9/8/2015 16.A.2.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/24/2015 12:25:00 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/24/2015 1:06:47 PM
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Bond No. 1093817
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison of Florida Inc. (NAME OF OWNER)
551 North Cattlemen Road, Suite 200
Sarasota Florida 34232
(hereinafter referred to as "Owner") and
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet, TN 37122
(615) 553 -9500
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY)
(TELEPHONE NUMBER OF SURETY)
9/8/2015 16.A.2.
(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 Nineteen
Thousand Two Hundred Eighty and 00H00 Dollars ($419.280.00) 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 and
has received approval for an Early Work Authorization and certain excavation requirements
(PL20130000792) for the project named Esplanade at Hacienda Lakes, Phase 1 and that certain
subdivision 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 date of final acceptance by
the Board of County Commissioners of the specific improvements described in the Land
Development Regulations (hereinafter 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 Owners 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.
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9/8/2015 16.A.2.
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this. ?11 A day of May, 2013.
WITNESSES:
(Owner Name and Title if Corporation)
Taylor Morrison of Florida, Inc.
By:
By:
Printed e: John Asher
Printed Name itie: Tony Squitieri, Vice President
By:
(Provide Proper Evidence of Authority)
Printed Name: r4y'd I r ty�.• --
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF SC<.r ui l
THE FOREnGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS �—
DAY OF 1'-1 2013, BY Tony Squitieri AS Vice President OF Taylor Morrison
of Florida, Inc., 40 IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
DEBORAH K. BECKETT
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DEBORAH K BECIa:IT
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Printed Name
WITNESSES:
(Surety Name and Title if Corporation)
Lexon Insurance Company
By:
By:
Printed Name/Titie: Anett Cardinale, Attorney-in -Fact
& Florida Licensed Resident Agent
Printed Name: Peggy Ginem
Printed
(Prove Je Proper Evidence of Authority)
Printed Name: Diane Sidebotham
'
,u,,,.,.. ti
�:'wf,�, MARIANELLABARNOLA
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 21s1 DAY
OF May, 2013, BY Anett Cardinale AS Attorney -in -fact OF Lexon Insurance Company, WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED Personally known AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
Printed
Name — Marianella Barnol
i
'
,u,,,.,.. ti
�:'wf,�, MARIANELLABARNOLA
i•; c.= Commission #EE170165
Expires May
5, 20118
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01
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POWER OF ATTORNEY
Lexon Insurance Company
LX- 066388
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Carol H. Hermes, David H. Carr, Anett Cardinale * * * * * *
its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 at day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-in-Fact to execute on behalf of the Coma a bonds undertakin s olicies contracts of indemni
or other writings obligatory in nature of a bond not to exceed $
2,000,000.00 r on .....ti ..............9.t.Q .. .,...i....................Efn!. iV
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attomey -In -Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this Instrument to be signed by its President, and Its
Corporate Seal to be affixed this 21st day of September, 2009.
\�0 LEXON INSURANCE COMPANY
or TEXAS > _17 �
X: INSURANCE ?2 BY
COMPANY f Y
kti r David E. Campbell
+«„• President
ACKNOWLEDGEMENT
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
Instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By -laws of said corporation.
"OFFICIAL SEAL" �n
MAUREEN IZ AYE U
Notary Public, State of Illinois
My Commission Expires 09/21/13
Maureen K. Aye
CERTIFICATE Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this Day of 20L113— .
X*: INSURANCE -> fl'� (ter •^� ��
COMPANY .�
Philip G. Lauer
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any Insurance company or other person, files an application for Insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent Insurance act, which is a crime and sub)ects such person to criminal and civil penalties:'
LX2
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