Agenda 03/25/2014 Item #16A 3 3/25/2014 16.A.3.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond No. 105870788 in
the amount of $30,000 which was posted as a development guaranty for work associated with
Creekside Commerce Park East, Early Work Authorization PL20130002180.
OBJECTIVE: To release a security which was posted as a development guaranty in the amount
of$30,000.00.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments. This security was provided in association of an Early
Work Authorization which was issued pursuant to Section 10.01.02 B of the Collier County
Land Development Code. 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 commercial project. The Performance Bond was
posted as security for clearing and site filling in advance of the final subdivision approval for the
Creekside Commerce Park East project. On December 10, 2013, the Board of County
Commissioners approved the final plat and construction plans for Creekside Commerce Park
East. The construction plans and plat for this project have been approved, and this bond is no
longer required. The construction plans include approval for clearing and site filling.
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. 105870788 in the amount of
$30,000.00. 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: 1) Copy of Performance Bond
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3/25/2014 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
No. 105870788 in the amount of$30,000 which was posted as a development guaranty for work
associated with Creekside Commerce Park East,Early Work Authorization PL20130002180.
Meeting Date: 3/25/2014
Prepared By
Name: houldsworthj
Title: Site Plans Reviewer, Senior,Engineering&Environmental Services
Approved By
Name: puig_j
Title: Operations Analyst,Community Development&Environmental Services
Date: 02/20/2014 10:56:31 AM
Name: JackMcKenna
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 03/05/2014 10:58:48 AM
Name: scottstone
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 03/07/2014 09:19:23 AM
Name: marcellajeanne
Title: Executive Secretary,Transportation Planning
Date: 03/11/2014 11:48:39 AM
Name: markisackson
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 03/13/2014 10:26:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 03/13/2014 03:57:00 PM
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3/25/2014 16.A.3.
Name: ochs_l
Title: County Manager, County Managers Office
Date: 03/14/2014 03:12:47 PM
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3/25/2014 16.A.3.
PERFORMANCE BOND
(Re-vegetation)
BOND NO. 105870788
KNOW ALL PERSONS BY THESE PRESENTS:that
Creekside East, Inc. (Name of Owner)
2600 Golden Gate Parkway (Address of Owner)
Naples, Florida 34105 (Address of Owner)
(Hereinafter referred to as"Owner")and
Travelers Casualty and Surety Company of America Name of Surety)
One Tower Square 3B (Address of Surety)
Hartford,CT 06813 (Address of Surety)
(800)873-1477 (Telephone Number)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida,(hereinafter referred
to as County') in the total aggregate sum of Thirty thousand and 00/100 Dollars($ 30,000.00)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 of
a certain subdivision plat named Creekside East, Inc. 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.
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3/25/2014 16.A.3.
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 8th day
of October, 2013.
,�
WITNESSES: (Ow er - 'e a%• itle if C. poration) CREEKSIDE,A0E.ERsr 2J4G.
—y✓`.��- By:/ .I, LbovULAS i✓..13a'rl i:2.D
Pri ted Name Cr.�u�;,t c -,��.--1 Pri.t- • title ,Vice President
. 1.4
, ..E (Provide Prope , • - ce of Authority)
Printed Name /JO,-y'!!'1-M. it ,yrt
ACKNOWLEDGEMENT
COUNTY OF COLLIE-E.
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
/ (44# / OeToa& ,20 13 , by LDOLX 1 S E. BM (NAME OF
ACKNOWLEDGER)AS Vier. f eSiDarr (TITLE)OF Ce Ee'SIDE EST Doc- (NAME OF COMPANY)
WHO IS PERSONALLY KNOW TO ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of
(SEAL) '
• " DIANE L V)GNEAI
MY COMMISSION I EE 200820 ■
� � '+�-_i•.-gi EXPIRES:July 13.2016
AO,: Bonded Thu Notary Fabric Underwriters i
Printed Name Di9,0e, L. V 6Aieei
•
SURETY
WITNESSES: Suret : r�velers , sua1, a rety Corrppany of America
s A 1U;, , a' ,- ( I\j/,_A, ,-
P�ted Name f[, S�/4.101tn Printed 'Name/Title)�e ; ( a t
Title'`Charity A.Strassel,Attorney-In-Fact
4_, ,C ?j ,,, ,Z' (Provide Proper Evidence of Authority)
Printed Name -Te ri, G. %��a C'l�°/A
ACKNOWLEDGEMENT
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
X-141 / QCT ryr.4' , 20 13 , by Charity A.Strassel (NAME OF ACKNOWLEDGER)AS
Attorney-In-Fact (TITLE)OF Travelers Casualty and Surety Company of America (NAME OF COMPANY)
WHO IS PERSONALLY KNOW ME.
Notary Public-State of �~' ,etoi n
( EAL)
i _r _ • / . . •;
Printed Name :A4° t THERESA A LINEHAN
MY COMMISSION#FF033188
"':!.....c.),pyd?fi EXPIRES July 2.2017
(407)398-0153 Flor)dallotaryService.c ■` //
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 3/25/2014 16.A.3.
a r ` POWER OF ATTORNEY
TRA 1 L Farmington Casualty Company
St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company
Travelers Casualty and Surety Company
Fidelity and Guaranty insurance Underwriters.Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company
United States Fidelity and Guaranty Company
St.Paul Guardian insurance Company
Attorney-In Fact No. 774190 Certificate No. 005542967
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Fdelity ,.St. Paul Mercury Company Insurance corporations duly.Travelers
or a z Casualty
Surety
Travelers
that Fidelity lit}and Guaranty tyinsurance Company tisea
corpora and Guaranty Company are cowl o
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint
Huntley A.Hornbeck TI,Kristin M.Neiert,Marc E.Williams,Stephen J.Benza,Betty L.Curry,and Charity A.Strassel
of the the of
Naples _•State of Florida _-_ their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more titan one is named above,to sign,execute,seal and acknowledge any and all bonds-recognizant es,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of
contracts and eY cuing or guaranteeing bonds and undertakings required CY permitted in any actions or proceedings allowed by law.
28th
IN WITNESS WHEREOF,the Companies have caused this instrument to be siened and their corporate seals to he hereto affixed,this
June
day of_._. — — •
Farmington Casualty Company St.Paul Mercury Insuranze Company
Fidelity and Guaranty Insurance Company
Travelers-Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters.Inc. Traveler•Casualty and Surety Company'of America
St.Paul Fire and Marine Insurance Company
United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
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On this the —_— _ _ � 'ni _ ----- —
be the Senior Vice Pre.,id`nt of F inninfltoil( isuaity Company, Fidelity and Guaranty isuraI...0 Company.Fid Arty and Guaranty In,aranee Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company.T raw elet s Casualty and Surety Company,Travelers
Casualty and Surety ety Company if America.icr and United States Fidelity and Guaranty Company.and that he.as such,being authorized so to do,executed the foregoing
instrument for the purpose,, herei,,contained d f y -taming on behalf of the corporations by himself as a duly authorized officer.
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In Whm s Whereof,a 1 -ie inu r.,a band nd of it ra,seal. v` si4iie -. -,��anit.Notary Public
M C ommtssion .,nc s the.Milt ha, cif:ur 2,20 5 ,*PUMP
58440-8-12 Printed in U.S.A.
WARNING:THIS POV'TT"r "'T"°'-'""Q'""faLID WITHOUT THE RED BORDER
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 3/25/2014 16.A.3.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force'and'effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and{affixed the seals of said Companies this (
1
P day of LPL L �'�I 20 !
rim'' f
Kevin E.Hughes,Assistant Sec
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNFV IS INVGI in uurrunUT THE RED BORDER
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