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Agenda 10/14/2014 Item # 16A15 10/14/2014 16.A.15. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the amount of$1,000,000, which was posted as a guaranty for Excavation Permit Number No. 59.902, for work associated with Ave Maria North Sports Park Facility. 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 Ave Maria SRA development. The Performance Bond was posted as security for an Excavation Permit associated with the Ave Maria North Sports Park Facility (SDP-9178). 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. 6414722 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 Attachments: 1) Copy of Performance Bond Packet Page -793- 10/14/2014 16.A.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.15. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. 6414722 in the amount of$1,000,000, which was posted as a guaranty for Excavation Permit Number No. 59.902, for work associated with Ave Maria North Sports Park Facility. Meeting Date: 10/14/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 9/10/2014 9:53:26 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 9/12/2014 2:04:49 PM Name: McKennaJack Title: Manager-Engineering Review Services,Natural Resources Date: 9/23/2014 1:20:13 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 9/24/2014 9:32:10 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 9/30/2014 4:27:27 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 10/1/2014 10:19:57 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/1/2014 10:35:01 AM Packet Page -794- 10/14/2014 16.A.15. Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 10/2/2014 3:29:35 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/3/2014 12:27:55 PM Packet Page -795- 10/14/2014 16.A.15. S PERFORMANCE BOND Bond No. 6414722 KNOW ALL PERSONS BY THESE PRESENTS: that Pulte Home Corporation/DiVosta Homes, L.P. 3459 Pine Ridge Rd., Naples, FL 34109 (hereinafter referred to as "Owner") and Safeco Insurance Company of America 2800 W. Higgins Road, Suite 1100, Hoffman Estates, IL 60159 847-490-2900 (hereinafter referred to as "Surety") y ) are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million 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 will complete the requirements of excavation permit no. [59-902.] for the project "All lake excavation by Pulte Homes Corporation and/or DiVosta Homes, L.P. within the Ave Maria SRA" pursuant to Collier County Ordinance No. 91-102, as amended (hereinafter referred to as "Land Development Regulations"). This obligation of Surety shall commence on July 27, 2006 and shall continue until 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 and save harmless the County from and against all costs and damages which it may suffer by re son 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 Packet Page -796- 4111 Ili 10/14/2014 16.A.15. be executed this 27th day of July ,20 06 (Owner's witness and signature block) WITNESSES: Pulte Hom��ei�C/�orporatio ij Vosta Homes, L.P. `�� ti By: L! —' if I Marcia Howard Calvin R. Boyd,Director of Treasury Operations Printed Name Printed Name to include Title &W. Mem kgc; Erin Ashenfelter Printed Name (Surety's witness and signature block) WITNESSES: Safeco Insurance Company of America 44A-e By . — /7'7 • ille Carol Bolterstein Jan M. Klym, Attorney-in-Fact Pri dd N e Printed Name to include Title,p),,, Susan Winslow Printed Name (Separate notary and acknowledgment for Owner and Surety required) STATE OF Michigan COUNTY OF nalland The foregoing PERFORMANCE BOND was acknowledged before me this 27th day of July, 2006, by Calvin R. Boyd as Director of Treasury Operations of Pulte Home Corporation/DiVosta Homes, L.P. who is personally known to me, or has produced as identification. T� Y PUBLIC— STA F Michigan Colleen F. Currie (SEAL) PRINTED TED NAME STATE OF Michigan COLLEEN F CURRIE COUNTY OF Oakland NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Apr 14,412 ACTING IN THE COUNTY QF Packet Page -797- • 10/14/2014 16.A.15. The foregoing PERFORMANCE BOND was acknowledged before me this 27th day of July , 2006 by Jan M. Klym as Attorney-in-Fact of Safeco Insurance Company of America who is personally known to me, or has produced as identification. ter-- Y PUBLIC ST E OF Michigan Colleen F. Currie (SEAL) PRINTED NAME COLLEEN F CURRIE NOTARY PUBLIC,STATE OF MI COUNTY OF OAKLAND MY COMMISSION EXPIRES Apr 14,2012 ACTING IN THE COUNTY QF Packet Page -798- a dik 10/14/2014 16.A.15. Iiir INF IIU S A F E c o• LIMITED POWER SAFECO INSURANCE COMPANY OF AMERICA r f��� OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 8011 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint *****************COLL1 It R.ZUKOFF;SUZANNE TREPPA;JOHN R.STOLLER;VINCENT J.FREES;CALVIN R.BOYD;JULIA T.CORCORAN;JAN M.KLYM; JANE K.ROTTING;BRUCE E.ROBINSON;ROBERT PORTER;Bloomfield Hills,Michigan its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind the respective company thereby in amounts or penalties not exceeding the sum of Two Million Five Hundred Thousand and 00/100 DOLLARS($ 2,500,000.00 ) IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 15th day of March 4 !! 2005 G� pc-a-Ar-i,u-,-_„ CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13. FIDELITY AND SURETY BONDS... the President,any Vice President the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporations this 27th day of July 2006 _ c1��a cac NCE COMP Oo�klre. Q,. 1"F 44'i- t". g -t -'. CORPORATE 5 SEAL a W SEAS, a F�ms-10° a I�21 . •�lcaptk i CHRISTINE MEAD,SECRETARY 5-0975/SAEF 2/01 ®A registered trademark of SAFECO Corporation 03/15/2005 POF Packet Page -799- 1