Agenda 03/25/2014 Item #16A 5 3/25/2014 16.A.5.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929563702 in
the amount of $66,000 which was posted as a development guaranty for work associated with
Riverstone Plat 4 — Lake 12, Excavation Permit No. 59.912-1, Application Request No.
20120002198.
OBJECTIVE: To release a Performance Bond in the amount of$66,000 which had been posted
as a development guaranty.
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. 929563702 in the amount of
$66,000.00 which had been posted for work associated with Excavation Permit 59.912-1,
Application Request No. 20120002198. 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.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 Performance
Bond No. 929563702 in the amount of$66,000 which was posted as a development guaranty
for work associated with Riverstone Plat 4- Lake 12, Excavation Permit No. 59.912-1,
Application Request No. 20120002198.
Meeting Date: 3/25/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environmental Services
2/20/2014 9:21:41 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 2/20/2014 9:51:09 AM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 3/5/2014 10:54:45 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 3/6/2014 8:11:12 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/11/2014 12:52:11 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 3/13/2014 10:40:09 AM
Name: KlatzkowJeff
Title: County Attorney,
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3/25/2014 16.A.5.
Date: 3/13/2014 4:26:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/14/2014 3:25:54 PM
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3/25/2014 16.A.5.
COLLIER COUNTY 11,ANI)DEVELOPMENT CODE
PERFORMANCE BOND
Bond No.929563702
KNOW ALL PERSONS BY TI'ESE PRESENTS: that
G.L.Homes of Naples Associates 11,Lid..
I 600 Sawgrass Corporate Parkway,4th Floor
Sunrise,FL 33323
(hereinafter referred to as"Ctwner")and
THEE CONTINENTAL INSURANCE COMPANY
93:50 NWT 4L'c Street,Suite 100
Miami,FL 3311'8
(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 Sixty Six Thousand and no/1100 Dollars(566,000.00)in lawful money ofthe
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 whereat,the Owner has submitted for approval by the Board a
certain subdivision plat named Riverstone Plat Four - Lake 12 and that certain subdivision shall include specific
improvements which are required by Collier Couny Ordinances and Resolutions (hereinafter "Land Development
Regulations""1. 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 indernnil}'and save harmless the County from rind against all costs and
damages IA,h.ich it may suffer by reason cif Owner's failure to do so, and eFail reimburse end repay the County all outlay
and exneerrse which the County may incur in making good any default, Men; this obl„eation shell be void, otherwise to
remain in full force and effect.
PR VIDEC,FURTHER,that the said Surety,for value received hereby,stipulates and .a;s'ees that no change,extension
of time., alteration, addition or deletion to the proposed specific improvements shall in any.,. y ati'ext its obligation on
this r!otnd,and it does hereby waive notice of any such change,extension of time, alteration,additicn 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
fal h ui performance in accordance with the Land Development Regulations. The term"A.mendment,"wherever used in
this Bond, and whether referring icy this Bond, or other documents shall include any alteration,addition or modification
of any character whatsoever.
IN WITNESS WHEREOF,R; ?F. he parties l.c,eta have ca.s.dd.this t EERFORtvIAy-_,-BOND D to ho executed this I Ith day of
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$ 11 1
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3/25/2014 16.A.5.
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Ownibr
Attest: 01.Homes of Naples Associates II,Ltd.,by:
G.L.IiLuus-of Naples 11 Corporation,its General Partner
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Paul Corban,Corporate Secretary N.Mar M dtz, lent
State of Florida
County of l3roward - -
I HEREBY CERTIFY that on this day,before me,an officer duly authorized to take acknowledgements,.
personally appeared ] MarialtIllnergle7,Vice President of gi,L Nernegsd'JJb II Corp tin,to me known to be
described in and who executed the foregoing instrument and acknowledged to and before me that they executed the
same.,
Witness my hand and official seal in the county and state last aforesaid this IA day of June,2013.
re
Notary Pulpit's. ,.utte of Florida
8 KATHLSTt1t.CCFRON
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Surety
Attest: The Continental 1nsuran . Cornean-__—_-
-- (Corporate Seal)
As Per Attached Power of Attorney g.
--- - .A'Belis,Attorney-In-Fact and Florida Resident Agent
State of Florida
County of.Miami-Dade
Before:rne this day pcisanaf.y appeared DA Eselia,Attorney-In-Fact for'The continental insurance Company,
who,being duly sworn,executed the foregoing;instrument and acknowledged to and before me,the truthfulness and
accuracy of the statements in the foregoing instrument.
Wimess my hand and official seal in the county and slate last aforesaid this 1 Ith day of June,2913.
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________________ 3/25/2014 16.A.5. .
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurarnx Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and Suite of Illinais,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
D.A.Belts,Individually
of Miami,FL,its true and lawful Attorney(s)-M-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to hind them thereby as fully and to the same extent as if such instrsmentss,were signed bye duly authorized officer oldie corporation and all the acts
of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated„by the Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed;by its Senior Vice President and its corporate:seal
to be hereto affixed on this I st day of October,2006.
.••"" The Continental Insurance Company
. ark
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Thomas P Stillman Senior Vice President
State of Illinois,County of Ckrok,ss:
On this 1st day of October,2.006,before me personally came Thomas F'.Stillman to me known, who,being,by me duly sworn,did depose and say:
that he resides in the City of Chicago,Slate of Illinois;,that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the:real affixed to the said instrument
is suet corporate;teat;that it was so affixed pursuant to authority giver by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to bete act and deed of said corporation.
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CERTIFICATE
I. Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,del hereby certify that the Power of
Aaorney herein above set forth is:still in fbrc:e,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the rev hereof is still in fcyce. In testimony whe:reofl ht whereunto subscribed my name and affixed the seal of the said corporation this
--� ' -eluy Of.-'J t.�z.. ,,L4-)13.' _
.�;;�iiiiir .. The The Continental Insurance Company_ .:..C.a
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�'�'«•• «"''"� Mary A.R iks cis Assistant Secretary
Form F6850-11/2001
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