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Agenda 03/12/2013 Item #16A 1 3/12/2013 16.A.1 . EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $376,860.76 which was posted as a development guaranty for work associated with Germain Toyota (Application Number AR-14125). OBJECTIVE: To release a Performance Bond 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 Performance Bond was provided for work associated with a Site Development Plan (SDP). The developer obtained a Certificate of Occupancy on a new building while the former dealership buildings were still in place. The security was posted to ensure the demolition of the former site. Once the demolition of the existing structures was completed the Performance Bond is no longer necessary. Engineering Services is unaware of any issues which would negate this recommendation. FISCAL IMPACT: Other than routine staff and office costs there is no fiscal impact associated with this matter. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, is legally sufficient, and requires majority support for approval. —ERP GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Recommendation that the Board.of County Commissioners authorize the Clerk of Courts to release the Performance Bond in the amount of $376,860.76. Engineering Services will issue a Memorandum to the Clerk of Courts upon approval of this item by the Board of County Commissioners. Upon receipt of the original Performance Bond, Engineering Services will return the document to the applicant's authorized agent and obtain confirmation from the recipient. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Engineering Services / Growth Management Division, Planning and Regulation Attachments: 1) Copy of Performance Bond Packet Page-987- 3/12/2013 16.A.1. 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 a Performance Bond in the amount of$376,860.76 which was posted as a development guaranty for work associated with Germain Toyota (Application Number AR-14125). Meeting Date: 3/12/2013 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering&Environm 2/4/2013 8:05:18 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P&R Date: 2/5/2013 2:12:02 PM Name: McKennaJack Title: Manager-Engineering Review Services,Engineering&Environmental Services Date: 2/6/2013 4:18:49 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/14/2013 11:33:12 AM Name: PepinEmily Title:Assistant County Attorney, CAO Litigation Date: 2/28/2013 10:59:04 AM Name: KlatzkowJeff Title: County Attorney Date: 2/28/2013 2:37:40 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/1/2013 4:53:48 PM Packet Page-988- 3/12/2013 16.A.1. Name: OchsLeo Title: County Manager Date: 3/3/2013 10:55:47 AM Packet Page-989- 3/12/2013 16.A.1. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND NO. 80086621 KNOW ALL PERSONS BY THESE PRESENTS: that GERMAIN NAPLES LLC DBA GERMAIN TOYOTA OF NAPLES 13315 N.TAMIAMI TRAIL NAPLES,FL 34110 (hereinafter referred to as "Owner")and THE GUARANTEE COMPANY OF NORTH AMERICA,USA 25800 NORTHWESTERN HIGHWAY,SUITE 720 SOUTHFIELD,MI 48075 (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 Three hundred seventy six thousand, eight hundred sixty dollars and seventy six cents ($376,860.76) 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 Site Development Plan named Germain Toyota, AR No. 14125 and that certain Site Development Plan 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 a satisfactory final inspection by the Growth Management Division of the improvements and release of the Performance Bond by the Board of County Commissioners(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. Packet Page-990- 3/12/2013 16.A.1. Collier County Land Development Code Performance Bond No: 80086621 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 26th day of June,2012 . GERMAIN NAPLES LLC DBA GERMAIN TOYOTA OF NAPLES 4.12ite-;/... 9 ri-hq i n 4'4-4, Witness: V Print Name&Title: V State of: r IDtIe t County of: CD 11 L ( On this 21 day of - trit, , 2012, before me personally appeared 4.1e4 L jet-krief)rl , to me known, who byi e being duly sworn, did acknowledge and say that he/she is f'vI$ of ✓e--iwi f)rt /ValL.J L L c and that he/she is duly authorized to execute the foregoin g agreement in e name of and for the company. Notary ublic: ,� kDstS,Lp14Oa "5:4: A I(OUSKXNR3IS I a/ l ," IdyCOAprgSSiDrtSEEtleasa Commission Expires: / , /,f „dam ,o EXPIRES:December 2,2015 i `%t, •;., Bonded Thru Notary Public UndenvAl�i� ;p THE GUARANTEE COMPANY OF NORTH ►r AMERIC• U fII , Witn r:Deleida Muiiecas D.W.Matson,III-Attorney-In-Fact State of: Florida County of: Miami-Dade On this 26th day of June, 2012, before me personally appeared D.W. Matson, III, to me known, who by me being duly sworn, did acknowledge and say D.W. Matson,Ill that he is Attorney—In-Fact of The Guarantee Company of North America, USA and that he is duly autho4&l to exec the foregoing agreement in the name of and for the company. / , /Lkili /1,1:7/ NOTARY PUBLIC-STATE OF FLORIDA S. Indiana Espinoza- Netart'Public: Indiana Es.'ioza ' =Commission#EE083592 Commission Expires: cl /3 ZOI %.,' ,,I Expires: APR.13,2015 BONDED TER II ATLANTIC Ea.):,DING ca,Tn. Packet Page-991-