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Agenda 03/25/2014 Item #16A 4 3/25/2014 16.A.4. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6177469 amount of $500,000 which was posted as a development guaranty for work associated with Veronawalk,Excavation Permit No. 59.834,Application Request No.AR-2963 . OBJECTIVE: To release a Performance Bond which had been posted as a development guaranty in the amount of$500,000.00. 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 work associated with the project Excavation Permit. We have received the As-Built Lake cross sections and inspected the lakes for compliance with the requirements of the Collier County Excavation Regulations (Article IV of the Codes of Laws of Collier County). 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. 6177469 in the amount of $500,000.00 which had been posted for work associated with Excavation Permit 59.834, Application Request No. AR-2963. 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: 1) Copy of Performance Bond Packet Page-415- 3/25/2014 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 Performance Bond No. 6177469 amount of$500,000 which was posted as a development guaranty for work associated with Veronawalk, Excavation Permit No. 59.834,Application Request No. AR-2963 . Meeting Date: 3/25/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Engineering&Environmental Services 2/20/2014 9:02:17 AM Approved By Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 2/20/2014 9:44:39 AM Name: McKennaJack Title: Manager-Engineering Review Services, Engineering&Environmental Services Date: 3/5/2014 10:54:38 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 3/6/2014 8:08:32 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/11/2014 12:56:09 PM Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 3/13/2014 11:02:52 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/13/2014 3:57:16 PM Packet Page-416- 3/25/2014 16.A.4. Name: OchsLeo Title: County Manager, County Managers Office Date: 3/14/2014 3:12:53 PM Packet Page-417- 3/25/2014 16.A.4. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND BOND NO 6177469 KNOW ALL PERSONS BY THESE PRESENTS: that DiVosta and Company,Inc.,4500 PGA Boulevard, Suite 400,Palm Beach Gardens,FL 33418(hereinafter referred to as"Owner")and Safeco Insurance Company of America(hereinafter referred to as"Surety")are firmly bound unto Collier County,Florida Board of County Commissioners,2800 North Horseshoe Drive,Naples,Florida 33942 (hereinafter referred to as"County")in the total aggregate sum of five hundred thousand and 00/100 ($500,000.00)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 will complete the requirements of excavation permit no 59. for the project Verona Walk pursuant to Collier County Ordinance No. 91-102 as amended(hereinafter referred to as"Land Development Regulations"). This obligation of Surety shall commence on August 1,2002 and shall continue until released in writing by the Development Services Director pursuant to the Land Development Regulation("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"whenever used in this Bond and whether referring to this Bond or other documents, shall include any alteration,addition, or modification of any character whatsoever. • Packet Page-418- . 1. 3/25/2014 16.A.4. IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this 1'day of August,2002. SAFECO INSURANCE COMPANY DNOSTA AND COMPANY,INC. OF AMERICA By: 7-2/Jr-e_ -221. ---, By `, Jane K. Botting, Attorney-in-Fact Robert Porter, Sr. Treasury Analayst .7 /" 1 • Witness: ' cep l Witness: 1 ,_ .d. . a Witness: , , Z / IV Countersigned by: ( cK 7• c` - George L4rey Packet Page-419- 07/31/200,2 17:30 FAX 5617759121 DIVOSTA & COMPANY � nn� 3/25/2014 16.A.4. APPLICATION FOR LETTER OF CREDIT or PERFORMANCE BOND (Circle One) PFCI Bank Bond Issuer(Surety). Division: DiVosta&Company Beneficiary: Name: Collier County,SIM&Board of County Commissioners 2800 North Horseshoe Dr Naples,Fl 33942 Attention: Phone: Amount: $500,000.00 Expiration: upon release Approved Feasibility Name: Current Subdivision or Project Verona Walk Available by drafts at sight when accompanied by: Contract date where applicable: Purpose/Risk bond for excavation permit for excavation of lakes and on-site fill Explain if not denoted in original Feasibility Contract Summary: Format: (Circle One) Use Bank Format Format Attached Bond Format(must be attached)4 Date Needed By August!,2002 • Distribution: (Circle One) !Send LOC(Bond)to Division [Overnight Mall! Send LOC(Bond)to Beneficiary Regular Mail Requested by: O ,q) Date: July 30,2002 Chris Schmitz Assistant Vice President Packet Page-420- MARCH, 1994 07/,31/2002 17:30 FAX 5617759121 DIVOSTA & COMPANY C nn3 3/25/2014 16.A.4. VERONAWALK EXCAVATION PERMIT FEE CALCULATION AND BOND, Total quantity to be excavated = 3,493,000 CY, Review Fee 1. Commercial Excavation Permit Fee $ 850.00 2. 1 s` 2,000 CY of Excavated Material $ 64.00 3. Remaining 3,493,000 CY @ $3.00 per 1,000 CY $ 10,479 Fee Total $ 11,393.00 Bond Required Bond = 3,493,000 CY @ $0.25/CY (Max. of $500,000.00, Min. of $25,000.00) = 873,250.00 ($500,000.00 bond required) f.. „os„ ,EVAN„ Packet Page-421- woem s,saoo-econ•uea