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Agenda 09/09/2014 Item #16A 8 9/9/2014 16.A.8. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $155,300 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20140000007)for work associated with Winding Cypress Phase 1. 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 Winding Cypress PUD. The Performance Bond was posted as security for clearing associated with an Early Work Authorization for Winding Cypress Phase 1 (PL20140001373). On March 25,2014,the Board of County Commissioners(Board)approved the final construction plans and plat for Winding Cypress Phase 1. Once the construction plans for this project are approved and the property has been cleared and stabilized,the bond is no longer required. 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 authorizes the Clerk of Courts to release Performance Bond No. 09124289 in the amount of$155,300.00. Engineering Services will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board, advising the Clerk of this action. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services / Growth Management Division,Planning and Regulation Attachments: 1)Copy of Performance Bond Packet Page-528- 9/9/2014 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.8. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$155,300 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20140000007)for work associated with Winding Cypress Phase 1. Meeting Date: 9/9/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Natural Resources 6/27/2014 7:07:31 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 7/2/2014 4:09:22 PM Name: McKennaJack Title: Manager-Engineering Review Services,Natural Resources Date: 7/25/2014 11:43:05 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 8/19/2014 8:11:05 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/21/2014 10:14:20 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 2:54:57 PM Name: IsacksonMark Title: Director-Corp Financial and Mngmt Svs,Office of Management&Budget Packet Page-529- 9/9/2014 16.A.8. Date: 8/21/2014 3:01:47 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 8/21/2014 3:44:44 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/25/2014 2:21:05 PM n Packet Page-530- 9/9/2014 16.A.8. ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: ILI - DPS - ()Dios- DO NOT WRITE ABOVE THIS LINE (orig. 9/89)) I REQUEST FOR LEGAL SERVICES „` 11 I, Date: January 14, 2014 To: Office of the County Attorney Attention: Emily Pepin, Assistant County Attorney From: Matthew McLean P.E. Principle Project Manager (252-8279) Re: Winding Cypress Phase 1 — Re-vegetation PL20130001373 EWA Performance Bond #09124289 14)191°1-& • BACKGROUND OF REQUEST/PROBLEM: Approval of Performance Bond for above project. This item has not been previously submitted. If I Engineering Review is requesting review of the attached document for lega sufficiency before accepting the Performance Bond #09124289. ACTION REQUESTED: Please review the enclosed document and advise this office if it is legally sufficient. OTHER COMMENTS: N/A Attachments Packet Page-531- • 9/9/2014 16.A.8. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS:that BOND NO.09124289 DIVOSTA HOMES,LP 23411 Walden Center Drive,Suite 300 Bonita Springs FL 34134 WINDING CYPRESS PL20130001373 EWA (hereinafter referred to as"Owner")and Fidelity and Deposit Company of Maryland 10 5.Riverside Plaza,5th Floor Chicago II.60606 (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 hundred fifty five thousand three hundred and 00100($155,300.00)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 Winding Cypress,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 2nd day of December,2013. Packet Pa:e-532- . w - 9/9/2014 16.A.8. Bond No. 09124289 WITNESSES: DiVo -.m-s LP .7"" icy--- By' =,� Robert Porter Bryce Langen, Assistant Treasurer Printed Name (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF MICHIGAN COUNTY OF OAKLAND THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF DECEMBER. 2013,BY BRYCE LANGEN AS ASSISTANT TREASURER PULTE HOME CORPORATION WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of MICHIGAN SKIRL-EYE.niiiiiiuw: (SEAL) NOTARY pUBUC,STATE OF►.w 7 COUNTY OF WAYNE My COMMISSION EXPIRES Mu 30,2u1 S "LEY E. �TCHINS ACTING INCOMNTIOF� WITNESSE . IcL--23� Fidelity D posit Comp ny of Maryland racy Pisciotto By: O' Al (Provide Proper Eviden of Authority) FL Lic. No. A_37801 Printed Name Stephen T. Kaz r, Attorney-in-Fact ACKNOWLEDGMENT STATE OF COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF December,2013, BY(NAME OF ACKNOWLEDGERAS(TITLE)0/"(NAME OF COMPANY10 IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED power of AS IDENTIFICATION. * Stephen T. Kazmer attorney ** Attorney-in-Fact *** FidO, p - egfit Company of Maryland 1Illinois �1 OFFICIAL SEAL � �c ._r... .�./ A-' ,�! BONNIE J. KRUSE OF ILLJNOIS MOWN PUMA(SEAL) Printed Name'' p��NO Bonnie J. Kruse Packet Pare -533- • 9/9/2014 16.A.8. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"),by JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Peggy FAUST,Kelly A.GARDNER,Stephen T.KAZMER,Bonnie KRUSE,Jennifer J.MCCOMB,James I. MOORE,Dawn L.MORGAN,Melissa SCHMIDT,Donna WHALEN and Tariese M.PISCIOTTO,all of Westmont,Illinois, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10th day of May,A.D.2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND WWUy � StAp,t,.. Eitm. _ ;Q= nw LJ ! , oe /fi BY Assistant Secretary Vice President Gerald F.Haley James M Carroll State of Maryland City of Baltimore • On this 10th day of May,A.D.2013,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,JAMES M. CARROLL,Vice President,and GERALD F.HALEY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that heishe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. moo � r, y Constance A.Dunn,Notary Public My Commission Expires:July 14,2015 POA-F 036-0013A Packet Pare -534- 9/9/2014 16.A.8. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances,stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2ndday of December ,2013 ft":71"t.\ (:0) SEAL Thomas O.McClellan,Vice President Packet Page -535- 9/9/2014 16.A.8. 7 Co!l r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX:(239)252-6358 Rt4UIREt4 altdaiSTittS The following must be provided to submit an EWA,this includes all attachments and exhibits: ❑ $500.00 Application Fee ❑ Addressing Checklist ❑ 2-Copies of the DEP Permit,if required ❑ 2-Copies of the USACE Permit,(if required ❑ 4—Copies of Plan Cover Sheet ❑ 2-Copies of the SFWMD E.R.P Permit(if required) ❑4-Copies Excavation Plan ❑ 4-Copies of Clearing Plan ❑ 4-Copies Erosion Control Plan ❑4-Copies of Fill Plan ❑ 2-Copies of letter of Authorization (if required) REVEWATION Bantu LCUt. l dii» . ,.;,... c t�?�..t"c +"1� 'E .x� t3• i,'$* �,'� S' � elii a} �. 77.65 $2,000.00 $155,300 1. Revegetation Bond of$2,000 per acre is required. / 2.Total Vegetation should equal that which is allowed for the EWA clearing. Under penalty of perjury, I declare that I have read the foregoing application for Early Work Authorization Permit and that the facts stated herein are true and further, that all preliminary construction activities are conduct:• . .my wn ri-• an. .t no risk to Collier County Signature Date Chris Hasty, Director of Land Development Printed Name and Title Please return application and checklist items to: Growth Management Division/Planning and Regulation ATT: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 3/29/2013 Page 2 of 3 Packet Page -536-