Agenda 11/10/2015 Item #16A19 11/10/2015 16.A.19.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$48,780 which was posted as a guaranty for Excavation Permit Number 60.108, (PL20130001985)
for work associated with Marislea Villas.
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 Marislea
Villas (PL20130001985). 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 $48,780.00. 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
2) Copy of Performance Bond
Packet Page-639-
11/10/2015 16.A.19.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.19.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$48,780 which was posted as a guaranty for Excavation
Permit Number 60.108, (PL20130001985) for work associated with Marislea Villas.
Meeting Date: 11/10/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
10/12/2015 8:46:56 AM
Approved By
Name: McLeanMatthew
Title: Project Manager, Principal, Development Review
Date: 10/13/2015 10:53:42 AM
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 10/16/2015 3:28:55 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 10/16/2015 3:29:49 PM
Name: FrenchJames
Title: Deputy Department Head -GMD, Growth Management Department
Date: 10/21/2015 10:08:33 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 10/21/2015 4:48:53 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 10/22/2015 9:17:14 AM
Packet Page-640-
11/10/2015 16.A.19.
Name: IsacksonMark
Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget
Date: 10/23/2015 9:39:55 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/28/2015 11:01:20 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 10/28/2015 2:45:37 PM
Packet Page-641-
® Vi —�
— ° °\ va 3
GW 1
1/1 0/
2015 16.A.19.
`I 9
Plv�P _ '
^ ^ ^ 3 3NY1 tl50NV130
zv■ Z '2 X R n n R g N F ^ ^()C.\ I1 CARTWRIGHT LANE
CIS otl r W 1U -
F—
o w I
o �
i _ o 0 8
U /^�
ti a 8 °
aF _
m �4 8 ° Q
�� s° s G
a o 5
W 5 a ° I i W
o
g S
a
i \� Lig 6 w
K 1 N V/
W Y m
a 't' � a ril
a s A
_
bw*w ° _
8 R
_� ; w R ° n A
A s
„ ° ^
i - -
—g R 2 n t a S 2 B
-1 1R c u 2 R
- (/J
„ 8 2
J_
5
31V0S 0110N Q
W
J
;cc
2
N A
n f 5�w ¢= op r4 .b0T
E oavne1noe Nvoo
2.
Z 71 - _ s _ ^'S` ° Q6,'
O 30 3 �= 4s
U st-alvlsaalw
«ol°«u«n« o ___
lywj ANINMO 8 i1D0 €S
J SOOOM 553Nd10 $< •• _ —.
51.41V1Sael Nl °
i 5 n 0 m oa "y �l ;V 0
zw- n _1 , . € n €g °!"s Aso °
ar,s 3 1g.�' 1 I a'„ '
_ 25 ona) LIV�N6STON ROAO
d 1� gp HSaVII rmnad o p^ °E E1E
� I SS _ 0
°a 8 1 \ P N. u Wz� — 33
avoa NolsoNinn l> i 6 I] a# N n g n - s b I4°3 2
a _ 1A 0o E° 55 1E: 0
01 V 1 � rnoa oNmndaaodaiv ■
r °
0 € OA 5
9 lano ne
Snob °� Packet Page-642- «sa ga,,N„,,3113,000 AIM °nd..rv,..
11/10/2015 16.A.19.
•
PERFORMANCE BOND Bond No.1100356
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS:that
D.R.Horton,Inc.
•
10541 Ben C.Pratt/Six Mile Cypress Pkwy.
Fort Myers,FL 33966
•
(hereinafter referred to as"Owner")and
Lexon Insurance Company
12890 Lebanon Road
Mt.Juliet,TN 37076-1425
615-553-9500
(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 Forty Eight Thousand Seven Hundred Eighty and
00/100 Dollars($48,780.00)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 excavation permit no,EXP 60.106 Marsilea Villas,P1201 3 0001 98 51 and that certain
excavation permit 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 completion of the work
and approval by-the County of the specific Improvements described In the Land Development Regulations
(hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of
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 ft 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 2:_lt day of May,2014.
Packet Page-643-
11/10/2015 16.A.19.
1WITNESSES: D.R.Horton,In,.
('
Printed Name E'\\.�. �
9 �Q/�J .� Jcfatv\cn(ls,v.P.
Printed Name/Title
.,)I\\qrt,-C:.-- se---i.6. (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF \DC\CIQ
COUNTY OF 1 ' '
TH�EG0120 14 ,BY A C Vy\S ACI ASS EV Fi BEFORE ME OF D.R.Horton,Inc.F
WHO IS ERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION.
otary - .:-Stake o
{ 4 }:;�,.:.w AWC1AY.WAGNER (SEAL)
ry/lr C:�, (t/G 1✓l G.- 4 ! i* Notary Public•State of nor* `
Printed Name J I e, • Mr Comm.Eapir a Apr 25,2016 I
I
vv.:..: Commbaiat•EE 192161
Iondrd Taro*Wool Notary Am.0
WffNESSES: lexon Insurance Company 7.,:O% ^',f" ,
i
•, :...�
Printed Name—Bonnie Kruse -,=:tb C? r,r,6�=
11/10/2015 16.A.19.
POWER OF ATTORNEY LX- 21 2772
Lexon Insurance Company
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
James I.Moore,Bonnie Kruse, Stephen T.Kazmer,Peggy Faust,
• Dawn L Morgan,Kelly A.Gardner, Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Tariese M.Pisciotto
its true and lawful Attomey(s)-In-Fad 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"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 Company any bonds,undertakings,policies,contracts of Indemnity or other
writings obligatory In nature of a bond not to exceed S 8,000,000.00 Eight Million""` '"'••""""'*"
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 Attorney-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 214 day of September,2009.
LEXON INSURANCE COMPANY
SEAL ': BY ��
tt; David E Campbell
�. President
'a q,t`.
ACKNOWLEDGEMENT
On this 21a day of September,2009,before me,personally came David E.Campbell to me known,who be 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 beh alf of the corporation by authority of his office under the By-laws of said corporation.
•am AMY L TAYLOR
i• ; .t s Notary Public-State of Tennessee BY
Davidson County Amy aytor
•• , My Commission Expires 01-09-10 Notary Public
CERTIFICATE
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 forgoing 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 Seal at Mount Juliet,Tennessee this 21st Day of May ,20 14
414. BY
it r�A L * Andrew Smith f r Assistant Secretary
�
•J•' Te
'WARNING:Any pertap_43E111$4ng1"y and with Intent to defraud any Insurance company or other person,flies and application for Insurance of claim
containing any matarlaliV'fMar'H1V rmation,or conceals for the purpose of misleading,Information concerning any fact material thereto,commits a
fraudulent Insurance act,which Is a crime and subjects such person to criminal and civil penalties."
Packet Page -645-