Agenda 07/09/2013 Item #16A 1 7/9/2013 16.A.1.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Excavation Performance Bond in the
amount of$35,140 to the Project Engineer or Developer's designated agent for Arthrex Commerce
Park PL20110000783.
OBJECTIVE: To have the Board of County Commissioners, authorize the County Manager, or
his designee, to release the Excavation Performance Bond in the amount of$35,140.00 which
was posted as a development guaranty of work associated with Arthrex Commerce Park.
CONSIDERATIONS: Arthrex Commerce Park is located south of Del Webb of Naples
approximately 3,700 ft west of the intersection of Oil Well Road and Ave Maria Boulevard. It
encompasses 57 acres within Section 17, Township 48 South, Range 29 East, in Collier County,
Florida and part of the Town of Ave Maria Stewardship Receiving Area, SRA-AR 6896 RES
2005-23A, DRI-AR 6293 RES 2005, and Ordinance Number 03-54. Engineering Services
routinely accepts securities administratively as guaranties for developer commitments. The work
associated with this 4.62 acre, 80,600 cubic yard lake has been inspected on May 16, 2013 and
the developer has fulfilled his commitments with respect to this security. Release of this security
is in accordance with Sections 22-115 of the Code of Laws and Ordinances.
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 approval.—ERP
RECOMMENDATION: To have the Board of County Commissioners authorize the Clerk of
Courts to release the attached Excavation Performance Bond in the amount of$35,140.00 for
Arthrex Commerce Park PL20110000783 to the Project Engineer or the Developer's designated
agent.
Prepared By: Craig Callis, Senior Field Inspector, Engineering Review, Growth Management
Division, Planning and Regulation
Attachments: 1. Copy of Performance Bond
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7/9/2013 16.A.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to autorize the Clerk of Courts to release a Excavation
Performance Bond in the amount of$35,140 to the Project Engineer or Developer's designated
agent for Arthrex Commerce Park PL20110000783.
Meeting Date: 7/9/2013
Prepared By
Name: HughesJodi
Title: Technician,Engineering&Environmental Services
6/3/2013 3:59:40 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P&R
Date: 6/4/2013 11:28:14 AM
Name: McKennaJack
Title: Manager-Engineering Review Services,Engineering&Environmental Services
Date: 6/11/2013 4:33:59 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/12/2013 11:37:26 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 6/20/2013 10:41:01 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/21/2013 2:19:12 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/24/2013 2:49:46 PM
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7/9/2013 16.A.1.
Name: OchsLeo
Title: County Manager
Date: 6/30/2013 4:10:19 PM
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7/9/2013 16.A.1.
PERFORMANCE BOND
BOND NO. 105509485
KNOW ALL PERSONS BY THESE PRESENTS:that
BARRON COLLIER PRTN LLLP. (Name of Owner)
2600 GOLDEN GATE PKWY (Address of Owner)
Naples FL 34105 (Address of Owner)
(Hereinafter referred to as "Owner")and
Travelers Casualty & Surety Compa(filgmeofSurety)
One Tower Square 3PB (Address of Surety)
Hartford, CT 06813 (Address of Surety)
(800) 873-1477
(Telephone Number)
(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 FIVE THOUSAND ONE HUNDRED FORTY AND ZERO CENTS Dollars
($35,140.00 ) 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 of a certain subdivision plat named Arthrex Commerce Park 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
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7/9/2013 16.A.1.
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 121p.4 day of Pcncr►A1�!ar34_��Q/
WITNESSES: (Own- a " and Title• -or. ration)
By
y
Printed Name Pri d Name/ Ile- DOUGLAS E.BAIRD n-rit.J SO i (
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF FLDR/OR
COUNTY OF 2OWeQ_
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
/02 /DEGF�1,t1E¢_. , 20 // , by Doe-&44z5 E. 84i.2,6 NAME
OF ACKNOWLEDGER) AS �reQOrz-EO .<T(TITLE) OF 814■204.) ME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public—State of GLO/21019
(SEAL) /0"W, DIME L V1GNERI
/(,��(��GQj !/ X +1 MY COMMISSION ES:Jul #DD 798494
��� = EXPIRES:July 13,2012
ttv Bonded mm Notary Pubic undeneters
Printed Name Dj 1/76., e.ei-
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1
7/9/2013 16.A.1 .
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 HEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 1 + day of 1 k / (i 1\ .
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title ,
(Provide Proper Evidence of Authority)
Printed Name 1 pvJ .✓ DC 4O.Yr1?
~
. ACKNOWLEDGEMENT '
STATE OF 'V-06 IDfj ;.
COUNTY OF CO,t_LI e f
THE FOREGOIN PERFORMANCE BOND WAS ACKN WLEDGED EF E ME THIS DAY OF
/A / JJF�/ , 20 II- , by L14-iRt/ - PrSSE[. (NAME
OF ACKNOWLEDGER)AS (TITLE) OF (NAME OF
COMPANY) WHO IS PERSONALLY KNOW TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public—State of F'L
(Alt
61NAM.SHUBEFF[
! it WY COMMISSION f DD 888651 !
Z. EXPIRES:June 18,2018
Pame I laded Tin WryPd*Wonders
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WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 7/9/201 3 16.A.1
,A� POWER OF ATTORNEY
TRAVELERS.1 Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-hi Fact No. 224190 Certificate No. 0 04617004
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Huntley A.Hombeck II,Kristin M.Neiert,Marc E.Williams,Stephen J.Benza,Betty L.Curry,and Charity A.Strassel
of the City of Naples ,State of Florida ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their_business ofguaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in anylnetions or proceedings allowed by law.
•x•
2nd
IN WITNESS WHEREOF,the Companies 1 have caused this instrument to be signed and their-corporate seals to be hereto affixed,this
day of November
Farmington Casualty Company St.Paul Mercury Insurance Company
- -_ - Fidelity and Guaranty'Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company 4r�
�•l�l.,r 0.E 4 'a-21 .1, 0 WSY 4NOg` ,L„i__t.,
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State of Connecticut By: `ray
City of Hartford ss. Georg>W Thompson.igr ice President
2nd November 2011
On this the day of before me personally appeared George W.Thompson,who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety
Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
icP.Trrk_ Qil.), C . ` . id4 4(
In Witness Whereof,I hereunto set my hand and official seal. TAR 't
My Commission expires the 30th day of June,2016. A* °MILO * Mane C.Tetreault,Notary Public
kW
58440-6-11 Printed in U.S.A.
WARNING:THIS POWER /ITHOUT THE RED BORDER
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MMMIIIMMIIIIIMIIIIIIIIIIIMMIMMIIMMMMIMIMMIIIIIIIIIIIIIIIIIIIIIIIIIIMMMMIMMIIMIMI
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 7/9/2013 16.A.1.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity '.
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company, St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in'full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seats of said-ompanies this /2 day of 1) l n �( ,20 I L
' lei✓'' 1
Kevin E.Hughes,Assistant Sec tart' - --
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER■ 11TH• T THE RED BORDER
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