Agenda 05/27/2014 Item #16A 9 5/27/2014 16.A.9.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a security in the amount of S25,000
which was posted as a development guaranty for work associated with GFS Marketplace
(PL20120002210).
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 commercial project. The
Performance Bond was posted as security for an Excavation Permit for the GFS Marketplace
project. Engineering Services has received the required lake cross sections and a final inspection
has been completed.
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 plan impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of
Courts to release Performance Bond No. 929-559-917 in the amount of$25,000.00. 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
Attachment: 1) Copy of Performance Bond
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5/27/2014 16.A.9.
C(bT ,,T ,TFR C1bI TNTV
Board of County Commissioners
Item Number: 16.16.A.16.A.9.
Item Summary: Recommendation to authorize the Clerk of Courts to release a security in
the amount of$25,000 which was posted as a development guaranty for work associated with
GFS Marketplace (PL20120002210).
Meeting Date: 5/27/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Engineering&Environmental Services
4/28/2014 12:50:17 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/5/2014 3:46:24 PM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 5/9/2014 10:53:26 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/12/2014 9:09:02 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/13/2014 9:31:06 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/14/2014 3:1 5:00 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/1 5/2014 9:31:24 AM
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5/27/2014 16.A.9.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/18/2014 1:25:21 PM
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S 5/27/201416.A.9.
+ tr l
(Excavation 60.066)
Bond Number: 929-559-917
KNOW ALL PERSONS BY THESE PRESENTS:that
GFS Marketplace Reality Five LLC,Doug Crocker,Officer
(hereinafter referred to as"Owner")and
Western Surety Company
333 S.Wabash Ave.,Chicago IL 60604
(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 Twenty Flve Thousand Dollars and no/100 Dollars
($25.000.00)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 a certain subdivision plat named Pine Air Lakes,Parcel No.66760013300,excavation for
improvement 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 45 day of February 1 2013 .
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WITNESSES: y (Owner Name and Title N Corporation) C-1:-.5 ((' ,. ice K . .4.1
`Z),Il-Pit, -+ 1 `'Y'nl°fI.CUCbt
Printed Maine m mitry../ri a Title SM 7%p ,w— Pmt 4-E ('�iaelrty, GnckerL
2 !! (Provide Proper Evidence of(fuJrhority)
!nL SGP rd
Printed Name J?.(M
ACKNOWLEDGEMENT
STATE OF 011Chna.T\
COUNTY OF }‘e.r.4
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
�i / • / 20 '7b Crc�cLtr
m 1 .� U.. .. l .BY
e.nar
O ( �' " '- "`' WN• SER i NALLY KNOWN TO OR HAS PRODU-6ED
AS IDENTIFICATION. --
Notary Public-State of(h+C-ht�v, cauotx.nt
(SEAL) Aeen7h CouniYot Jul. �.
L,sa i'YlcL c (,(gnu-t_
Printed Name
WITNESSES: Western Surety Company
V ar��ll e% l I• By: c11l1J�•' IIa
Printed Name:Marsha Toman Printed Name/Title: Amanda Brock
(Provide Proper Evidence of Authority)
I i
ACKNOWLEDGMENT
STATE OF MICHIGAN
COUNTY OF KENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4"DAY OF
February,2013,BY LISHA SUTTERFIELD AS NOTARY BY AMANDA BROCK,ATTORNEY-IN-FACT
WHO IS PERSONALLY KNQWN TO ME,OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Michigan
(SEAL)
�I
Lisha Sutteiffetti-__
Notary Public,Kent Count t4iefikin
///. .4. . ./ My commission expires June-27,2014
Isha Sutterfield /
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
,'..';Mtn By Theme°:..,.,...,That::'v.;,£:t7 SURETY Y..v+iFAT:i,a South Dakota eoiyorra'iriin,is s duty organized eau existing uri year-.sou
having iu principal office in the City of Sioux Fans,'and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,Constitute and appoint
Marsha Toman,Amanda Brock,Christina Barron,Patti Zielinski,James R Isaacs,Crawford
Craft,Carolyn Schultz,Individually
of Grand Rapids,Mi,its tsar and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on Ps behalf
bonds,undertakings and other obligatory nasWments of similar nature
-In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of the corporaticn and all the acts of said
Attorney.pursuant to the authority hereby gisen,arc hereby ratified and confirmed.
This Power or Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
to Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 8th day of February,2013.
WESTERN SURETY COMPANY
.1:1745-t, �/
1 acn i,,�[ !_
aul T.Bruited,Vice President
I l
State of South Dakota sat
County of Metnthaha
On this 8th day of February,2013,before me personally earns Paul T.Bruflet,to me known,who,being by one duly sworn,did depose and saY:that
he insides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the scat of said corporation;that the seal afl-used to the said instrument is such corporate seal;that it was so
•
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his runt thereto pursuant to like authority,and
acknowledges same to be he am and deed of said corporation.
My commission expires J.IaOitA •
/ ruauJune 23.2015 twuse osudore
7
w J + 11
I (j 1.Mohr,Notary Public
li CERTIFICATE
ICI 1,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby terrify that the Power of Attorney hereinabove net forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in fora. In testimony whereof I have hereunto subscribed •
my name end affixed the seal of the mid corporation this dth day of Frbruary 2013
retry WESTERN SURETY COMPANY
�.roe,
aCww • O "
•
1etson.Assistant Socretary
Fora F4280.7-2012
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5/27/2014 16.A.9.
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of-Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds,policies,undertakings,Powers of Attorney,or other obligations of the corporation shall be executed in the
corporate name of the Company by the President,Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate sea)may be printed by facsimile.
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