Agenda 02/25/2014 Item #16A 52/25/2014 16.A.5.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$283,350 which was posted as a development guaranty for work associated with Camden Lakes
(PL20120002885).
OBJECTIVE: To release a security which was posted as a development guaranty after all work
has been completed and approved.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments. 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 residential project. The
Performance Bond was posted as security for clearing associated with an Early Work
Authorization for the Camden Lakes project. On March 12, 2013, the Board of County
Commissioners approved the final plat and construction plans for Camden Lakes
(PL20120002885). Once the construction plans for this project are approved and the lots have
all been cleared and stabilized, the bond is no longer required.
FISCAL IMPACT: There is no fiscal 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
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: Recommendation that the Board of County Commissioners authorize
the Clerk of Courts to release Performance Bond No.40094492 in the amount of $283,350.00.
Engineering Services 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, Engineering Services / Growth
Management Division, Planning and Regulation
Attachments: l) Copy of Performance Bond
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2/25/2014 16.A.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.5.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $283,350 which was posted as a development guaranty for
work associated with Camden Lakes (PL20120002885).
Meeting Date: 2/25/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering & Enviromn
1/23/2014 2:04:16 PM
Approved By
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 1/28/2014 11:15:02 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 1/30/2014 10:05:55 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/30/2014 4:04:27 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 2/3/2014 2:43:54 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2014 2:51:43 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 2/12/2014 4:38:25 PM
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Name: IsacksonMark
2/25/2014 16.A.5.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 2/14/2014 2:47:07 PM
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2/25/2014 16.A.5.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that BOND NO. 40094492
PULTE HOME CORPORATION
23411 Walden Center Drive, Suite 300
Bonita Springs FL 34134
CAMDEN LAKES (RE- VEGETATION)
(hereinafter referred to as "Owner") and
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfield, MI 48076
630- 799 -8177
(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 two hundred eighty three thousand three hundred fifty
and 00/100 ($263,350.00) 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 subdivision plat named Camden Lakes, 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 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 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 7u' day of December, 2012.
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2/25/2014 16.A.5.
WITNESSES:
Pulte Home Corporation
f�
By:
&J6,
Robert Porter
Bruce E. Robinson, Vice President Et Treasurer
Printed Name
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF MICHIGAN
COUNTY OF OAKLAND
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 71h DAY OF
DECEMBER, 2012, BY BRUCE E. ROBINSON AS VICE PRESIDENT & TREASURER PULTE HOME
CORPORATION WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public - State of MICHIGAN
(SEAL
IRLEY E. TCHINS
6RRM E. HLMINS
NOTAMI PUBLIC, STATE OF MI
COUNTY OF WAYNE
W tWo,," EXPIRES Mar a 2017
WITNE E
The ar tee ComDanv,A North America;USA
f�
By:
&J6,
Amy E. Callahan
Print Name
(Provide Proper Evidence of Authority)
Peter S. Forker, Attorney —In —Fact
ACKNOWLEDGMENT
STATE OF Illinois
COUNTY OF Cook
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
7th / December / 2012 DAY OF I 1
20 BY (P3 1jVj FICA LTOD r (Ty L� Q (NeME CQMPANYtWHCCIS Company
PERSONALLY KNOWN i�j`M R /Q�i�D me a ID FiCl ee om an of
North America USA
Notary Public - State of Illinois
C..
(SEAL) P ed Name
imoth Callahan
OFFICIAL SEAL
TIMOTHY CAL�,,iAN
NOTARY PUBLIC - STATE JF ILLINOIS
MY COMMISSION EXPIRES:01l07I15
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2/25/2014 16.A.5.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Peter S. Forker, Amy E. Callahan, Becky Heaston, Bradley S. Babcock
The Forker Company
its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1, To appoint Attomey(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory In the nature thereof; and
2. To revoke, at any time, any such Attomey -in -fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given
to the Attomey -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4, in connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
Ti IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
y -J, �• THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly swom, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
�Q My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
,,EMTEFC IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this day of
Randall Musselman, Secretary
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