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Agenda 05/27/2014 Item #16A 8 5/27/2014 16.A.8. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5021251 in the amount of 838,945 which was posted as a guaranty for Excavation Permit Number 59.935, (PL20110002184)for work associated with Marbella Lakes. OBJECTIVE: To release a security which was 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 within the Livingston Village PUD, Ord. 03-23, as amended. The Performance Bond was posted as security for an Excavation Permit associated with Marbella Lakes (PL201 10002184). The As- Built lake cross sections have been received and the lakes have been inspected by Engineering Services. 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: That the Board of County Commissioners authorizes the Clerk of Courts to release Performance Bond No. 5021251 in the amount of $38,945.00. 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 Attachment: 1) Copy of Performance Bond Packet Page -201- 5/27/2014 16.A.8. (OT I ,,TFR C(11-TNTV Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. 5021251 in the amount of$38,945 which was posted as a guaranty for Excavation Permit Number 59.935, (PL20110002184) for work associated with Marbella Lakes. Meeting Date: 5/27/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Engineering&Environmental Services 4/22/2014 2:42:39 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 5/5/2014 3:52:09 PM Name: McKennaJack Title: Manager-Engineering Review Services, Engineering&Environmental Services Date: 5/9/2014 10:43:26 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 5/12/2014 9:08:46 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/13/2014 9:23:11 AM Name: KlatzkowJeff Title: County Attorney. Date: 5/14/2014 3:45:32 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management& Budget Date: 5/15/2014 12:36:52 PM Packet Page -202- 5/27/2014 16.A.8. Name: OchsLeo Title: County Manager, County Managers Office Date: 5/18/2014 1:32:17 PM Packet Page -203- F • .... • 5/27/2014 16.A.8. PERFORMANCE BOND Bond No.5021251 KNOW ALL PERSONS BY THESE PRESETS:that Tousa Homes,Inc.dba Engle Homes SWFL 12550 New Brittany Blvd.#101 Ft Myers,FL 33907 (hereinafter referred to as"Owner")and Bond Safeguard Insurance Company 1919 S.Highland Ave.,Bldg-A,Ste. 300 Lombard,IL 60148 (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-Eight Thousand Nine Hundred Forty-Five and 00/100 Dollars($38,945.00)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 will complete the requirements of excavation permit no.59.935 for the project"Marbella Lakes"pursuant to Collier County Ordinance No.91-102,as amended(hereinafter referred to as"Land Development Regulations").This obligation of Surety shall commence on February 14.2006 and shall continue until released in writing 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 expenses 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 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 14th day of February,2006. Packet Pare -204- S 5/27/201416.A.8. STATE OF Illinois COUNTY OF DuPage • The foregoing PERFORMANCE BOND was acknowledged before me this 14th day of February,2006,by Dawn L.Morean as Attorney-in-Fact of Bond Safeguard Insurance Company who is personally known to e,or has produced Drivers License as identification. NOTARY PUBLIC—STATE OF Illinois Melissa Schmidt (SEAL) PRINTED NAME OFFICIAL SEAL MELISSA SCHMIDT NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:06/23/08 Packet Pare -205- r 5/27/201416.A.8. . • POWER OF ATTORNEY AO v Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its principal office in Lombard.Illinois.does hereby constitute and appoint: Michael J.Scheer.James I.Moore.Irene Diaz.rSnnnie Srrnhe,T 1a,mr, Dawn L.Morgan Peg'r Faust.Kelly A Jacobs Elaine Marcus Jrnnifer 1 MrDnmh Mrlise1 Schmid/Jorl F Spers its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surely,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 BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November;2001 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$1,000,000.00,One 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 Vice President,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 or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President,and its Corporate seal to be affixed this 7th day of November,2001. -qp INSUgi. BOND SAFEGUARD INSURANCE COMPANY �o AN ‘i INSURANCE r. ` oaNrwNr/ / BY 1� \ e David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November,2001,before me,personally came David E.Campbell to me known,who being duly sworn,did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. �� O "OFFICIAL SEAL" ��//( ✓� MICHELE KOLLER Michele Koller Notary Public,State of Illinois Notary Public My Commission Expires 08128107 CERTIFICATE I,the undersigned,Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company,DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing 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 Sealed at Lombard,Illinois this 14th Day of February 20 06 IN ego SU n/ i ILLINOIS INSURANCE COMPANY Donald D.Buchanan Secretary 4 Packet Pare -206- 5/27/2014 16.A.8. r • **- (Owner's witness and signature block) WITNESSES: TOUS eme Inc,dba Engle Homes SWFL �� K° x Q aAa EDP By: �� 0 low T770 Pc-jce 4/rn,q A/cS 3AQ2A CAVE -CASH Mgrtac�ee Prir' a )/ // �j Printed Name to include Title vtd C. Ccn,oP - Printed Name (Surety's witness and signature block) WITNEESSES: Bond Safeguard Insurance Company Melissa Schmidt Dawn L.Morgan,Attorney-in-Fact t 1N� e � Printed Name to include Title � q� ���^ Florida License#P011322 Heather A.Beck Printed Name (Separate notary and acknowledgment for Owner and Surety required) STATE OF (2i COUNTY OF The r oing PERFORMANCE BOND was acknowledged before me this /`f day of ,2006,by S4i (.G{9er- as 0./0 i7/ S7 ' i'-' of Tousa Homes,Inc who is personally known to me,or has produced as identification. t /C J NOTARY PUBLIC—STATE OF r/u ii l rIn? Pty ������∎Mt PRINTED NAME ,cke '•• •••oti 4' •,'}� j0mbery •• • *• • _ O N Z •_ •r '�azes88= : ; Packet Pare -207-