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Agenda 06/10/2014 Item #16A 2 6/10/2014 16.A.2. n EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. K08503138 in the amount of$34,280,and Performance Bond No.K08503023 in the amount of$88,700 which were posted as .guaranties for Excavation Permit No. 60.061, (PL2011000580) and Excavation Permit No. 60.072 (PL2011000733) for work associated with Twin Eagles Golf& Country Club and Twin Eagles Grand Arbors. OBJECTIVE: To release two securities which were posted as development guaranties. 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 these securities has been inspected and the developer has fulfilled his commitments with respect to this securities. The subject securities were provided for work associated with a planned residential project within the Twin Eagles development. The Performance Bonds were posted as security for Excavation Permits associated with Twin Eagles Golf& Country Club (PL20100001167)and Grand Arbors at Twin Eagles (AR-9287). 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.'s K08503138 in the amount of$34,280.00, and K08503023 in the amount of$88,700.00.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 Bonds Packet Page-601- 6/10/2014 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. K08503138 in the amount of$34,280, and Performance Bond No. K08503023 in the amount of$88,700 which were posted as guaranties for Excavation Permit No. 60.061, (PL2011000580) and Excavation Permit No. 60.072 (PL2011000733) for work associated with Twin Eagles Golf& Country Club and Twin Eagles Grand Arbors. Meeting Date: 6/10/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environmental Services 4/29/2014 9:00:35 AM Approved By Name: McKennaJack Title:Manager-Engineering Review Services,Engineering&Environmental Services Date: 5/13/2014 1:42:3 2 PM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 5/19/2014 3:35:12 PM Name: StoneScott Title:Assistant County Attorney, CAO Land Use/Transportation Date: 5/20/2014 11:37:36 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 5/28/2014 7:59:41 AM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 5/28/2014 9:29:21 AM Name: KlatzkowJeff Packet Page-602- 6/10/2014 16.A.2. Title: County Attorney, Date: 5/28/2014 3:47:02 PM Name: OchsLeo Title: County Manager,County Managers Office Date: 5/29/2014 3:37:02 PM n n Packet Page-603- 6/10/2014 16.A.2. RIDER To be attached to and form a part of Performance Bond No.K08503138 dated the 30th day of June,2011 issued by Westchester Fire Insurance Company as Surety,on behalf of TwinEagles Developments AGR,L.L.C.as Principal,in the penal sum of Thirty Four Thousand Two Hundred Eighty and 00/100 Dollars$34,280.00)and in favor of Collier County,Florida. In consideration of the premium charged for the attached bond,it is hereby agreed that the attached bond be amended as follows: The Permit#is amended to read PL20110000580 in lieu of PL2010-2016 Provided,However,that the attached bond shall he subject to all its agreements, limitations and conditions except as herein expressly modified,and further that the liability of the Surety under the attached bond and the attached is amended by this rider shall not be cumulative and shall be limited in the aggregate to the penalty of the said bond. This rider shall become effective as of the 30th day of June, 2011. TwinEagles Developments AGR,L.L.C. By: Westchester Fire Insurance Company By:R. Haray'Ivli'l ellLAAttorney-In-Fact Florida License No. W035291 Packet Pa:e-604- 411113111SIMINLAININIIIMIIIIIIIKOPATMKPSIVIMr.. _.... ',.74,P'er..,..ftlaRZZPV-7,—,7171=1414=4.ME73:1P.Yrt.W.1.- -t '-` t , 6/10/2014 16.A.2. '. v , Power of WESTCHESTER FIRE INSURANCE COMPANY Attorney • . . .,. . . . , . Know all men-by these:presents:That WES-MI IESTER FIRE INSURANCE COMPANY,a corporation oldie Commonwealth of Pennsylvania pursuant to the following Resolution,adopted by the Board of Directors of the said Company on December I 1;2006,to wit: . • : • • . . • . , YKESOLVED,that thrsfollowing authorisations relate to the worminess Our and on behalf of the Company,of bonds.undemrsings,recap-tome..contracu and other written commitments or the Company entered kno ho ordinary mese of banners(each a 701/nIten Commitment"): '. (1) Each of the Chairman-the Pt.:stdonu and the Vice?tendons of the Compthy 10 booby authorised to enecuit any Wooer Commitment fot and on bithalf of the Company.ender the seal of the Company or otherwise. • . . . . . (2) Each duly op nod attorneyomfact of the Carman,is hereby autheerstd.mecute any Written Commitment Corona on behalf of the Company,under the send of the.Company or Othreherse,to the Went thal such wheats authorised by the grant of amen prortded Tyr in•auch pawns mitten apoomonent as such theme,(n-fact (31 Eadtof th‘Clumnan.the President and the Vue Prattleno of the Company is hereby authorised.for and on behalf of the Company,to&pram in omit any person the atterneyrsrsfut of do Company wills loll power and authority to macaw,for and on behalf of the Company,mule ho seal of the Company or otherwise.StICh W n um'Comm moms of the Company as may be specified.such wrstlen appointmenh•which specification may be by general type or alms of Written Commitments orb)spectficatton of one or more particular Written Commitments , •: (el Each of the•Cbaimme,the President and Vice Presidents of the tympani in hereby ashen/ed.fur and on behalf of the Company,to delegate in witting any other&Lea or iha Company the authertono theme,for and on behalf of the Company,under the Company's seal or otherwrso such Written Commitnatts aline Company as are welt-test in such tonna.&d000...which nrseifihnten nn Y be bY ,• general type or class of Wnuen Commitments or by specification el one ur snore panicular Whom Commitments . . . , (S) The signature danyellicer or other person execulthRany Welton Coninutment or appointment ot delegatton pursuant 10 0110 R0001.011,and the seal oldie Company,may be taxed by(mutate on such ,.. t , Written Commitment or weltun napoleon.,or_delegation. • . ., ■t RAMER RESOLVED,that the foregoing Resolution shell not he kenuzl lo belt/7.1(61E10e statemcnt 01,00 powers and authority of Akers,employees and other',assets iv act for.04 00 b4nad of rho . , (hammy.and such Rmolunon shall not With or aim,isrsalTers the metaseef any such'maw...MOOS<Mem,.validly Some,o Yoh., . • , ■ . . . Does hereby nominate,constitute and appoint Anollamby,BEN THOMPSON,Debbie Higginbotham,K.Hardy Mitchell,Susan G Gardner,all of the City of '. BIRMINGHAM,Alabama,each individually if there be more than one named,Its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and • as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof innenalties not exceeding Fifteen million dollars& zero cents(515,000,000.00)and the execution-of such writings in pursuance of these presents shall bens binding upon said Company,as fully and amply as if they had -, been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, ,,,,k' • IN WITNESS WHEREOF,the said Stephen M. (aney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 4 day of February 2011. •"4-; w. .. wps-rcilESTER FIRE INSURANCE COMPANY • •,tC ii.,4,\ m i 4. . - • 1-, ) .1 I.Preskicnt 514han M Mlisho,V: , -- COMMONWEALTH OF PENNSYLVANIA • COUNTY OF PITILADELPIRA ss. ..., On this 4 day of February,AT).2011 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,V ice-President of the w isrcl i ESTER FIRE INSURANCE COMPANY to me personally knosvn to be the individual and officer who executed the „. 4,g preceding instrument,and he acknowledged that he executed the sante,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and du-net:on of die said corporation,and that Resolution,adopted by the Board of Directors t of said Company,referred loin the preceding instrument,is now in force. - .• 1 • IN TESTIMONY WHEREOF I have hereunto set ore hand and affixed my official seal at the City of Philadelphia the day and year first above written. •. I ,•■•••■,„ 1 1 . i 71.....•'C.4-44.;.i.,..: \ COMINONV/CALMI none INNTYLVAlnua -, 5 _P.1e , t....... NOTARIAL:SEAL KAREN£WINDT. EU* , . • 14,!!.-.'s.=.1.-' . . ,My CanKrision FAsnas Ssoisonbst ,ICII ,,,,,,,,,,,,,,. „..., ... .... :.. •' I,the undergigned Assistant Secretary of the WESTCIIEsTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a substantially true and correct copy;is in full force and effect In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,thisattliay of Surie, 2011 0, , „,,f.,_., I tr, a #4.11(PIC.04.'" . William L.Rich,.Assistant simony .. : . THIS POWER OF ATTORNEY MAY NOT BE USED TO EX EcirrE ANY BOND WITII AN INCEPTION DATE A FFER February 04,2013. , . . • ill THE BACK O.THIS D011,1. ..1"-_,S7-VAR tC Ji.S.F.CI..1-0 t' 'FEAT',TTE, :.r.i. THAT SAL..P 7:7.;72 7.7 AGA:NE7 COPY COO!,,FL,,T.--.T CNC ALTERATION W „......, Packet Pa:e-605- • • 6/10/2014 16.A.2. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO.K08503138 KNOW ALL PERSONS BY THESE PRESENTS: that TwinEagles Developments AGR,L.L.C. 2000 Avenue Of The Stars,Suite 1020,Los Angeles,CA 90067 (hereinafter referred to as"Owner")and Westchester Fire Insurance Company 500 Colonial Center Parkway,Suite 200,Roswell,GA 30076(678)795-4385 (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 Four Thousand Two Hundred Eighty&00/100 Dollars($34,280.001 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 TwinEagles Lake Bank Excavation Permit No. 60.061 and Construction Plan Approval Permit#PL2010-2016 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 30th day of June.2011. LDCA:6 Packet Pare-606- • • 6/10/2014 16.A.2. WITNESSES: TwinEagles)pvelopments AGR, L.L.C. By: Printed Name Printed Name/Title (, -.f �,�.t�! ,✓v/" (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT STATE OF C.4 4tia COUNTY OF.Co.s A,"rCI it THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 74.<7 / c'' / ,20 ,BY(NAME OF.‘,4aJA'*'Gard-< ACKNOWLEDGER)AS(TITLE)OF(NAME OF COMPANY)WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED c 4• AS IDENTIFICATION.^-'>... •'- Notary Public-State of C—•Z nn • (SEAL) • WITNESSES: _ Westchester Fire Insurance Company r By:-11_ y: Ann Hamby R. Hardy Mitchell, Florida License No.W035291 • Attorney-In-Fact Printed Name ACKNOWLEDGMENT STATE OF Alabama COUNTY OF Jefferson THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 30th DAY OF June.2011,BY R.Hardy Mitchell AS Attorney-In-Fact OF Westchester Fire Insurance Company.WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of Alabama_ (SEAL) A - L j\Csc-: ` Traci L.Helms - , • i t Packet Pa:e-607- • • 6/10/2014 16.A.2. ALL PURPOSE ACKNOWLEDGMENT I STATE OF CALIFORNIA/ C COUNTY OF °s.4sCcls-s >ss On -71- tY °r 2011 before me,e-F-~9.a-+7r Public j personally appeared !''4'S Fit#Evc'L who proved to me on the basis of satisfactory evidence) to be the persons-whose name(c). I is/are subscribed to the within instrument and acknowledged to me that hhe/she/titey executed the same in his/hecltheir authorized capacity(ies}, and that by his/her/their signatureNt on the instrument the person(e)7-or the entity upon behalf of which the person(ej-acted,executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. �l`„'rNarrh WITNESS my hand and official seal. << ; t'' 'ut rturni= D , s^ouoty Signature it./ (NafNM aEAy ATTENTION NOTARY: Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type.•44.A11'�'r^c"04'1'•11Fsf THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document 4•7-.11=.2-• Signer(s)Other Than Named Above 1.a s e Y^r-T.0 C.. Packet Pare-608- -- -- -- - 6/10/2014 16.A.2.• • Power of WESTCHESTER FIRE INSURANCE COMPANY r•. Attorney ?` Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the „,,,,,...,,,, following Resolution,adopted by the board of Directors of the.said Company on December l I,2000,to wit: !'RESOLVED,gat the fallowing oidbodeamna rdueio the e.ew,or,for end on behalf of the Company,of bonds,undenelunys:recognwences.mamas and ether wrote*commixia w of the Company •ntered into the aediney course of business(aids a'y7nnw Commaomt"). - (1) East of the Chsirmao,the President and the Vice N.M.albs Company 0 hereby eath00 sd le emu.any Writte n Commitment for and on behalf of the Company,under the seal of are Company or eNerwise. (2) Fain duly appointed ananeyymtel of the Company obereby authorised to execute anyWnaen Commitment for and on behalf of-the Company,under the seal of the Company or otherwise,is the 0.501 that each action n authorized by the grans of powers Goaded for 05005 person,wnua sppuinmt en as such atomey-in.fsot. �' (31 Each of ate Can her..err Pimidau and the Vta Present f the Coinpan hereby authorized,for and on behalf f the Comp thy, apt m wring any Mwm the a nrev-im:faa of die Column'with I 2 fall powno end mullion/le owe.,for and=behalf of Company.under the nal of the.Company or otherwise,such Won=Conmumrants of the Compaq as may be specified in such wntt0 appointment,whits speareaion maybe by ger...type or chaser Wnnm Comninmenn or by specification of one or Hare paOCUla Wnnen Commune-nu Of each of the Chtirman,the President and Vim Pre.idausof the Company-t hereby aalhonsed,for.and on behalf of the Company.te daegate on wnung wry other officer of the Conrpevey the authomy a execute,for and on behelfof alp Company,wider the Company's anal or mhenvise.such W nnen Commitments of the Compaw as are specified in such wnn0 deegauon,wheal apeoltasen may be by general type so rims of W naen Cormutsants Of by spuaauon of one or more pare..Wroth Commitments. (5) The signaure or wo officer or other person mem:Intiny Outten Commitment or appo nuso it or delegation pursuant(l0 this Resolution,and the seal of the Company.may be affixed by(*mimic on such thrum Commitment Of mown eppewnet m.delegation. Ft IRTPIhtt RESOLVED,aW the fon:Roing ResdudondWl nes be deemed to be aimvet,re suwaeno of the powers and.050010 ofofrcon employees and other peon.ki ol for and on belrerofdre Company,and such Reseldtm shall net brut or*theorise affect the merthe of any such power or audtonly odwrwrse validly gmmod'0,vaned Does hereby nominate.constitute and appoint Atln:Hamby,BEN-THOMPSON,Debbie Higginbotham,R.Hardy Mitchell,Susan Ci Gardner,all of the City of BIRMINGHAM,Alabama,each individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding Fifteen mill Mn dollars& zero cents($1.5,000,000.0G)and the execution of such writings in pursuance of these presents shall be`as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office, • IN WITNESS WHEREOF,•he said Stephen M.Haney,Vice-President,has hereunto subscribed his•namc.and of ixed•theCorporate seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 4 day of February 2011. wESTCII}:s'fER FIRE INSURANCE COMPANY i. \�'� Stephen M.Haney-.Vise President • • COMMONWEALTH OF PENNSYLVANIA • COUNTY OF PHILADELPHIA ss. - • On this 4 day of.February,AD.2011 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the nnd,vidasl and officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company,referred to in the preceding instrument,is now in rose• - - • • IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written. • ir4,"S.-C4 yc.; 03.1oPMRALTIh orsRweavtwAwa - r ee:,Y,,,>. tl, - NOTARW.SEAL 910 ,"' KMENE.SRlIpNND�TT,_ - .Citf L:,...,,ea‘.:.7'.:,47/7 .�fur Coaeulito RsapaMar ,2611 :wtay ArNlt 1,the undersigned Assistant Secretsr)•of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of - ! which the foregoing is asubsfantially true and correct copy,is M full force and effect. - '- In waness whereof,I have hereunto.subscribed my name as Assistant Secretary,:and affixed the corporate seal of the:Corporation,this 30T�y of.Jlllle,,20ii 3' %1:....41.'4-' Ate\'C, 0P 1d Y,s r'� , W imam L.t el y-Awtew r THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER February 04,2013. i • THE BACK OF THIS DOCUMENT USTS VARIOUS SECURITY FEATURES IN THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. • .''1 Packet Pare-609- 6/10/2014 16.A.2. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. K08503023 KNOW ALL PERSONS BY THESE PRESENTS: that TwinEagles Developments AGR,L.L.C. 2000 Avenue Of The Stars, Suite 1.020,Los Angeles,CA 90067 (hereinafter referred to as"Owner")and Westchester Fire Insurance Company 500 Colonial Center Parkway,Suite 200,Roswell,GA 30076(678)795-4385 (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 Eighty Eight Thousand Seven Hundred&00/100 Dollars($88.700.00)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 TwinEagles Grand Arbor (Block 108 & Tract 110) Lake Bank Excavation Permit No. 60.072 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 4th day of April,2012. LDCA:6 Packet Page-610- 6/10/2014 16.A.2. WITNESSES: TwinEagles evelo meats AGR, L.L.C. By: LOU V, Cr ec\t1 , jP Printed Name/Title Printed Name/Title (Provide Proper Evidence of Authority) Printed Name cy i ec�, RANDOLPH EDELMAN ACKNOWLEDGEMENT � r: Commission# 1863472 a °m •� Notary Public-California z STATE OF a..' '-" '4 _ •' �;/ Los Angeles County COUNTY OF.e•C '4�c`/S S My Comm.Expires Sep 30,201 3 t THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF / . ,f ac / /o ,20 /Z ,BY(NAMEOFL•vi. PW/cv 4r' c'1. ACKNOWLEDGER)AS(TITLE)OF(NAME OF COMPANY)WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED4Mwee+4ed+y4S IDENTIFICATI - y Notary Public-State of C 4 t.�'•�^r%� r'm PH EDEN: N Cyr^c im (SEAL) y //// e: f r is to z GG//Cf7l!� C/C • h t f r, i y .,WITNESSES: Westchester Fire Insurance Company ( ti)s ��I ` B S 1Deb:'e Higgih•otham Ben Thompson , Florida LI ense No. W035301 Attorney-In-Fact Printed Name ACKNOWLEDGMENT STATE OF Alabama COUNTY OF Jefferson THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4 ' DAY OF April,2012, BY Ben Thompson,AS Attorney-In-Fact OF Westchester Fire Insurance Company.WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of Alabama (SEAL) ( 1 Traci L. Helmet—At-a Packet Page-611- L Po — — - - - - 6/10/2014 16.A.2. Power of WESTCRESTER FIRE INSURANCE COMPANY `, If'k nowallraaeygby pe rents `fbitWg'S,TClHES1 t10R1E` E COMPANY,a N pursuant ( t 3Qllowttt It�aaaft7ttot3 � ��"� ,�ptl for&t7 oltroftbeCommonwealtho fPennsylvanta ursuanttothe ki. g , opiiiil6y I DOratthe C,ompet}+;on December 11 2OO de ,' :,, °RESF)L.#rED:.tMl1MMpriler vsog.uthontiiit0oS7NltNw Mq i9t/CUtrgn',$oorand on behalf of the Company.of 6*m:1y:undertalongs,recogn(ances,controcas and tithe wrld4it tonemttnents of the Company Otiletetllatottte 6c fYbOtfleet'!tl,*40 ig14,1Y:ilit0.otamtllneslt'7 ... ,h'w OF IF Hk ,tl !,'''.$!,',. .,..f^..........1 ky. tS p' i Y, {1) Each Oillt Cllafasstll PalfroesAeigilgd'ahe+io4 PrptttdlliArffie'COtgpMy h timeby authorized to execi.ne any Written Commitment for and on behalf'of the Company anderthe real of the Company or k': (2) E.RCIsyd4j.ppmgi100.4 Apy'wf Cot FIND RooiO!as?11ttma1*.1 td Sa tflta eaeeWe anyWritten Commitment for and ostbdNtf olthe Company.under the tel of the Company or otherwise,to the extent that �* �' -.='::.. stsdthaiMieat11*nited3ytlle$Mtofpoltroit,tiattdat#W+'bi'IndlpeteoacNagas4ppeiiitmmtacsuchanomey-in-faaL (3) Each of the Chairman;the P i t a d a d'a a d aaif!pe**Is of theCOatpaop:is trcebytt¢awnzed,for and on behalf of IhtfrAegsalty,to appoint in writing any person tbesuontey-in-fact of.line Company wt th full power and authority4Oa8ee14tr:forutd tidati ofthe Conrpgry•vadm'hete.Eel4le Company or otherwise,sach'WitilanCo,nm[mums of the Companyasmayii[.spetified In sudnwnaen 'r- appointment which ispeeifioefOnrn be't u ganeral or-class of Wn4en:CWamrmntrs:orby specification or one or t iirsfl cedar Wntten Commitments:'-.' x4`� -(d) Each of the Ch,moan,the Presidaniand,Yice Preaidank.or.the.Conran m, saahori Company Smtfbp: zed,for and on behalf of the Compao}AOSdalegate-in writing w+y'ofitar officer of the Computy-the authonty..to- execute,for and on behalfort4e Coatpeoy;under the Company's seal orolhnwne,su#wWritten Commitments of tke'-companyifflut specified in such notion delegation,winch speuGcation may be by i : general type or class of Wfluianer(tommilmanto or by specification of orrcar7uorApamcular:Wnhen Commitments 1 , .: ; •'1 ,{S), Theaigna4 0ii."Niy'btbaeiiist*�'pseae/kaiaq gg'any AplthM Ois triIa tint4t rhl {t etrtfl ogltsen�a esaont togeniReafIUbon,and the red of Um C ompany may be affixed by facsimile on such written mh imam*or wr+aae apeommtmtardelaUau lr` l : FURTHER RESOLVED arit8,et'OFegttragtteaisltrueeshunta14$;.00tanad.acx*ahm aJaivei a mtoftl posaea ind.adf..v.,fatfiesrs employees and othsr persons to act for and on behalf of:lhe Company,and such RaDO'W400sbaltaotyhnutoe eh. 1O i:O tlaCttlt eaaemee?e1mrX.sul1)yowasrpflif rut dplhtnwPO.Nilidlytge nted or vested ; ',, ' Does-hereby nominatecorinit4iteartdap,pottnt'AnEath BEt1TROMPS(�A' t)ebbieiHigginbotham,It HardyMitchell l,SusanGGardne,,alloftheCity'of B1RI]AM,Alabama,eachmdlaiduRTly�1'fi��snof��hanroiie named,its true and lawful attorney trt-fstCt,to make execute,seal and�eiiver.on its behalf,and• '' pt ttsactand deed any arum!bonze.imdectakh gs,reseDgl lances,contracts.ant oth¢rwrittngs.11,:t.' dhe ttattt�hereof in penalties not:;exeeedmgFifteen million dollars& t n ssc[ot'.ems' ftee0 000 AD),.Andxhes,itec ibon1,f'such w itings-in pursuance dfi G.presei is shall betas binding upon said Company as fttlty'andimply as if they had t;r: bequdfdyeiteoittei�aodaCkn ovule[dgedbytteaegularlyel ectedofficersoftheCompenyatil g.praict btlr.s,- t t .. § r 9 "'`' ..it''RV TES$ ».',the•stud Sreltltet M Baae3 YiCe-President,has hereunto subscribed his name and affixed the Corporate seal ofthe said WESTCHESTER HRl:1IN$ 7Lt t CY MlY.This 44 y 4►#'F' Haas+2011 i I 'i. III 4 WESTCHESTER FIRE INSURANCE COMPANY jtl. A , a II ''...._..t!''.." �,yCk t itl W >7y5k.'-';''''!:).'::'''' ''''''''''''-::'!'il.f.l';:;'-';'"i-'.1;'':11.:1:.'li:.'''''''''''....''!?':!'' it : lyt. ... : ......• '• ••_. 1 •. . ' :So ra M.Haney,vier Preaitient , COMMONWEALTH OF PENNSYI'VA1+4IA I COIIN'TY`OF PHILADELPHIA u rf E . ;On this 4 day ofFebrutt0,-A r.20frtefOre m4 a Notary Public of the Commonwealth of Pennsylaania in and for the County of Philadelphia came Stephen ri M.Han ey Vice-President Of the'WES , ES''git l!REI ILIA It~E COMPANY to me personally known to be the individual and officer who executed the i preceding instrument,and he acknowtedgtit3 tbat.+heexecufsdThe same and that the seal affixed to the preceding instrument is the corporate seal,uisaid Company;that 1 I the said corporate seal and his signature Wereduly affxed l�ythe atttherny and'direction of the said corporation,and that.Resolutron,adopted by:the Board of Directors I of said Company,referred to io the preceding histrt meat,Inowan force IN TESTIMONY WHEREOF,ihave_heteunto set aly-hab d and1med my official seal at the City of Philadelphia the day and year first above written.' �eoa�uwr�tvrux►�oww«es„�t, �,,.,�tt , �l7fit> i 8gtt ' t `r4 t ` ;,> KARE�IErgICA1i►x,.., fiabi° �r i „a, r#,, y�'a1 tl�rtrleitualtittlglt 21=t� waatr twdir 1,the undersigned Assistant Secretatytofthe•WESTcl.II ESTER E`l' 'I34SURRANCE COMPANY,do hereby certify that the original POWER Oh A TORNEY,of which the foregoing is a substantially'trne'and correct py co ; m is fflttl'forc:e and effect ._ _ i 1 In witness whereof,I have hereunto subscribed my name as Assistant Secretary,.and affixed the corporate seal of the Corporation,this 4tttlday of April,-2012" '" 4' .441eilitt 1YL3t.am L.iCeLy,rts>;iN>EM pCMg[)' I I I I THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER February 04,2013 z j S` LL . • THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEAT Packet Page -612-VILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. 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