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Agenda 11/18/2014 Item # 16A1011/18/2014 16.A.10. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929558792 in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.083, (PL20120002276) for work associated with the Dunes. 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 Dunes PUD, Ord. 00- 74. The Performance Bond was posted as security for an Excavation Permit associated with the Dunes (PL20120002276). 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. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: That the Board of County Commissioners authorizes the Clerk of Courts to release Performance Bond No.929558792 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, Growth Management Division, Planning and Regulation Attachments: l) Copy of Performance Bond Packet Page -1031- 11 /18/2014 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929558792 in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.083, (PL20120002276) for work associated with the Dunes. Meeting Date: 11/18/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Natural Resources 10/14/2014 9:35:09 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/21/2014 1:31:02 PM Name: McKennaJack Title: Manager - Engineering Review Services, Natural Resources Date: 10/23/2014 1:10:22 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use /Transportation Date: 10/23/2014 3:16:55 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 11/3/2014 1 1:34:43 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2014 2:09:20 PM Name: lsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 11/4/2014 9:43:08 AM Packet Page -1032- 11 /18/2014 16.A.10. Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 11/4/2014 12:58:15 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11 /4/2014 6:44:17 PM Packet Page -1033- r - Bond No. 929558792 11 /18/2014 16.A.10. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that OCT Vanderbilt Partners II, LTD 3400 East Lafayette, Detroit, Michigan 48207 (hereinafter referred to as "Owner") and Western Surety Company 101 South Phillips Ave, Sioux Falls, SD 57104 (248) 553 -7163 (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 five thousand Dollars ($25 000 ) 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 Planned Unit Development named The Dunes and that certain site development 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 October /2012. Packet Page -1034- 11 /18/2014 16.A.10. ITNESSES: (Owner Name and Title if Corporation) ITNESSES: Western Surety Company --- By: By: ickie Collins Richard T. Brockhaus, Treasurer of C, G, Et S Investors, Inc., General Partner of Vanderbilt Partners II, LTD Holly Nichols Angelo G Z rney -in Fact - Sr. Bond Coordinator Florida License No. P217130 ACKNOWLEDGEMENT STATE OF Michigan COUNTY OF Wayne THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 3rd DAY OF October, 2012, BY Richard T. Brockhaus AS Treasurer of C, G, & S Investors Inc General Partner of Vanderbilt_ Partners II, LTD OF Vanderbilt Partners II, LTD WHO IS PERSONALLY KNOWN TOME, OR HAS PRODUCED SRI ub O Cow S' AS IDENTIFICATION. Notary Public - State of Michigan (SEAL) - -- Suzanne C. Wallace d��9� ;!JZANNE C. WALLACE MARY PUBLIC, STATE OF MI 44y00MMISSO — Din E ,, ANC IN C:pU'JTY �., .2023 ITNESSES: Western Surety Company --- _ By: BY: — _ —_-- == Holly Nichols Angelo G Z rney -in Fact - Sr. Bond Coordinator Florida License No. P217130 ACKNOWLEDGMENT STATE OF Michigan COUNTY OF Oakland THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF October, 2012, BY Angelo G Zervos AS Attorney -in -Fact OF Western Surety Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Michi n (SEAL) --M - Veronda D. Gordon .. Packet Page -1035- Western Surety Company 11 /18/2014 16.A.10. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James R Gargaro, Gus E Zervos, Steve M Zervos, Angelo G Zervos, Donald W Burden, Holly A Nichols, Individually of Southfield, MI, its true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments 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 corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of 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. In 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 9th day of July, 2012. WESTERN SURETY COMPANY 0 anl T. Bmflat, Vice President State of South Dakota ss County of Minnehaha On this 9th day of July, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides 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 seal of said corporation; that the seal affixed 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 name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + '+ D. KRELL r November 30, 2012 r NOTARY PUBLIC J i SEAL SOUTH QAKOTA�Mi + A—ZA �tititititi4ti94�titib�ftiM4�tititi4ti D. Krell, Nq61Fr Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMP.404Y do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation minted on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this " 2nd -_ day of _ Detober 2012 � `WESTERN SURETY COMPANY 6 . F W �w - t Irg J'�Tk pN�.�p•DDD. _ L. Nelson, Assistant Secretary Form F4280 -09 -06 Packet Page -1036- 11 /18/2014 16.A.10. - 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 seal may be printed by facsimile. Packet Page -1037-