Agenda 06/10/2014 Item #16A 1 6/10/2014 16.A.1.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. 80091464 in
the amount of$1,000,000 which was posted as a guaranty for Excavation Permit Number 60.080,
(PL20120001474)for work associated with Sabal Bay Phase One.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments in accordance with Section 22-115 of the Collier County
Code of Ordinances. 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 Sabal Bay PUD, Ord.
12-12, as amended. The Performance Bond was posted as security for an Excavation Permit
associated with Sabal Bay Phase One (PL20120001474). 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 authorize the Clerk of
Courts to release Performance Bond No.80091464 in the amount of$1,000,000.00. 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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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance
Bond No. 80091464 in the amount of$1,000,000 which was posted as a guaranty for
Excavation Permit Number 60.080, (PL20120001474) for work associated with Sabal Bay Phase
One.
Meeting Date: 6/10/2014
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Engineering&Environmental Services
4/28/2014 1:25:37 PM
Approved By
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 5/9/2014 11:04:57 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 5/16/2014 2:09:42 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 5/16/2014 2:58:40 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/28/2014 7:59:21 AM
Name: StoneScott
Title:Assistant County Attorney, CAO Land Use/Transportation
Date: 5/28/2014 8:40:07 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
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Date: 5/28/2014 9:03:31 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/28/2014 3:47:30 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 5/29/2014 3:36:48 PM
n
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Bond No.80091464
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:that
MINTO COMMUNITIES,LLC
4400 W.SAMPLE ROAD,SUITE 200
COCONUT CREEK,FL 33073
(hereinafter referred to as"Owner")and
THE GUARANTEE COMPANY OF NORTH AMERICA USA
ONE TOWNE SQUARE,SUITE 1470
SOUTHFIELD,MI 48076
(813)321-7696
(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 One Million
and 00/100 Dollars ($1,000,000.00) 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 Saba!Bay 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.
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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 17`h day of December.2012.
WITNESSES: Minto Communities,LLC
in-1, - I
Printed Name 6.,;cjl� ,ale Pri ted Name/Title
vttc,�
(Provide Proper Evidence of Authority)
WIs-.,AM &...,4.-t-Oc< /'vi cF ,.....s,...,,- _
Printed me
Ak„ Ti..iw.--
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF ( OL.UER, i
THE FOREGOING PERFO ANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF l8''M P V /20 1 2 ,BY Wiitia ML
.5 ,LLOC.K.. (NAME OF ACKNOWLEDGER)
AS \/i,GQ Va wievbf- (TITLE) OF MINTO
COMMUNITIES, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS �-..,
PRODUCED AS IDENTIFICATION.
Notary Public-State of
(S ,T. . JENNIFER ANDREWS
My COMMISSION 0 EE017755
EXPIRES August 1 E,2014
P�. ted . e ,s (etetY lv Avitkow
,„...\
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WITNESSES: The Guarantee Company of North
America USA
If up
C Z.c�t,_ t�.1 ByClead
Pamela Blacutt ,- Claudette Alexander Hunt,
Attorney-in-Fact
` (Provide Proper Evidence of Authority)
',u •
0 �....tu .
Adrian Campo
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF 17th ,/ December /2012,BY CLAUDETTE ALEXANDER
HUNT (NAME OF ACKNOWLEDGER)
AS ATTORNEY-IN-FACT (TITLE) OF LIBERTY MUTUAL
INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS
PRODUCED FL LICENSE AS IDENTIFICATION.
Notary Public-State of Florida
(SEAL)
„"•• CAROLINE K.LAMARRE
1 AMY PYCa .iMe o►FIT.
My Comm.Erpha Nov 20.201$
i Sy Commicuee•EE 1491163
Caroline K.Lamarre
Approved as to form&legal sufficiency
p
�I. -!
Assi t Cou Attorney
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THE GUARANTEE COMPANY OF NORTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and waiting user the ��
laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint
Claudette Alexander Hant,Caroline gris(in Larearre,Joseph Af chad Pietrangelo
Aon Risk Services,Inc.of Florida
Ms true and lawful attorney(s)-in-fact to execute,seal and deliver for and on Its behalf as surety,any and all bonds and undertakings,contracts of
Indemnity and other writings obligatory in the nature thereof,which are or may be slowed,required or Permitted by law.statute.Rile,reputation,contract
or otherwise.
The execution of such Instrument(s)in pursuance of these presents,anal be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply,to at intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal dice.
We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly authorized to do business under the laws of Florida,having heretofore executed
a performance and payment bond for the Contractor covering the contract described above,hereby consent to the State of Florida Department of
Transportation maldng full payment of the final estimate,including the retained percentage,to the Contractor.
It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or
its assignee,shall not rakers this surety company of any of Its obligations under Its bond.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the Bylaws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31°day of December,2003.
The President,or any Vice President.acting with any Secretary or Assistant Secretary,Mai have power and authority:
1. To awoke Attomey(s)}kPfact.and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemnity and other veitin ggs obligatory in the nature thereof:and
2. To revoke,at any time,any such Attorney-In-fact and revoke the au9cnty given,except as provided below
3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby ghesn to
the Attorney-in-Fact canna be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth onwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
Further,this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the sr day of December 2003,of which the flowing Is a true excerpt
RESOLVED that the signature of any authorized horzed officer and the seal of the Company may be strafed by facsimile to any Power of Attorney or rarefication
thereof out'witting the execution and delivery of any bond.undertaking,contracts of indemnity and other writings obagatory in the nature thereof,and
such signature and seal when so used shred have the same force and effect as though manually sauced.
enniNk M WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
! its corporate seal to be affixed by its authorized officer,1111815th day of November,2011.
a Op THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak Vice President Randal Mussaknan,Secretary
County of Oakand �\
On this 15th day of November,2011 before me came the individuals who executed the preceding Instrument,to me personally known,and being by me
duty sworn,said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company,that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
Notary Public,State of Milligan Company of North America USA offices the day and year above written.
County of Oakland ,r� y� -7-.2..410.4..
My Comression February 27,2012 !: / .acv a.
Acting in Oakland County
I,Randall Musaelman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is still in full force end effect
,,for
IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this,f day of actvarlk1 ,
Randall Musselmen,Secretary
/sass,.
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