Loading...
Agenda 11/13/2012 Item #16A1011 /13/2012 Item 16.A.10. EXECUTIVE SUMMARY Recommendation to authorize the release a Performance Bond in the amount of $104,450 which was posted as a development guaranty for work associated with Arthrea Commerce Park PL2011000783. OBJECTIVE: To have the Board of County Commissioners authorize the release of 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 Vegetation Removal and Site Filling Permit ( VRSFP). The developer obtained the VRSFP in order to clear the site in advance of the issuance of the building permit. Once the building permit is issued, the VRSFP is no longer necessary. Engineering Services is unaware of any issues which would negate this recommendation. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this Executive Summary for legal sufficiency. This item requires a majority vote. This item is ready for Board consideration and approval. ERP RECOMMENDATION: Recommendation that the Board of County Commissioners authorize the release of the Performance Bond in the amount of $104,450.00, for improvements associated with Arthrex Commerce Park, PL2011000783. 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 Perfonnance 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 -1537- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10. 11/13/2012 Item 16.A.10. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $104,450 which was posted as a development guaranty for work associated with Arthrex Commerce Park PL2011000783. Meeting Date: 11/13/2012 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm 10/15/2012 7:55:54 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 10/17/2012 8:50:44 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 10/19/2012 1:31:32 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 10/24,2012 11:37:40 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 10,/26,12012 8:04:16 AM Name: KlatzkowJeff Title: County Attorney Date: 10/26/2012 2:45:45 PM Name: FinnEd Packet Page -1538- Title: Senior Budget Analyst, OMB Date: 10/26/2012 4:24:22 PM Name: OchsLeo Title: County Manager Date: 11/3/2012 10:52:24 AM Packet Page -1539- 11/13/2012 Item 16.A.10. 11/13/2012 Item 16.A.10. PERFORMANCE BOND BONDNO, 105509479 KNOW ALL PERSONS BY THESE PRESENTS: that RES Collier Holdings LLC (Name of Owner) 1370 Creeltside Blvd (Address of Owner) Naples FL 34108 (Address of Owner) (Hereinafter referred to as "Owner") and Travelers Casulaty & Surety (Name of Surety) Company of America One Tower-.Sc uare 3PB (Address of Surety) Hartford, CT 06813 (Address of Surety) ( 800) B73-1477 (Telephone Number) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") In the total aggregate sum of one hundred four thousand four hundred and My Dollars ($ INASO.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 Ad"rexGornree Nuk 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 (hereinafterthe "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 Packet Page -1540- 11/13/2012 Item 16.A.10. 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 acry character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFO MANCE BOND to be executed this �'1 day of C'f' l� 2Q WITNESSES: (O er a and Title if p t) } By: Printed Name Printed NameMle 0_ i' tan �-' A .S4-ra% -c _ - (Provide Proper Evidence of Authortry) -I)c) w o} 14 4aRne--i Printed Name ACKNOWLEDGEMENT STATE OF 1 On A ot- COUNTY OF pffrnerl( 6c THE FOREGOING PERFORMANCE BOND WAS ACKNO DGED BEFORE ME THIS DAY OF 20 by S (NAME OF ACKNOWLEDGER) AS 4?ow4c cam- A}'�m1(�TLE) OF {NAME OF COMPANY) WHO t5 PERSONAL NOW TO ME, OR HAS PRODUCED AS IDENTIFICATION, Notary Public —State of (SEAL) Printed Name NOTARY 9t IX41TATE OP MROA Lillian A. Bodor ,,,,Comnilssion # DD758680 ,,,•£ Expires: APR. 06, 2012 BONDED THRD ATLANTIC 60NDING CO., WC. Packet Page -1541- 11 /13/2012 Item 16.A.10. 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 _ RO day ofcTA"M WITNESSES: (Owner a��d Title if poration) COFMISSIOPi f DD 798494 By, Printed Name Print d me /Tit DOIJGi.ASE. BAiRD earbeenru►arrwdcta�erwr.r: (Provide Proper Evidenoe of Authority) Si''-N%0K V (V; f RE'SIP&J7 Printed Name ACKNOWLEDGEMENT STATE OF F!-ORe/ DR COUNTY OF CQtLI &L THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1AAJV4I_P_ .1 20 I.2) by L7�Ot)&U E. BI,z��2D (NAME OF ACKNOWLEDGER) AS _E *Od—V ;nE ITLE) OF P,E;c� /uStJtA �' ( ME OF COMPANY} WHO LS PERSONALLY KNC1W TD M!?, OR HAS PRODUCED AS IDENTIFICATION. Notary Public —State of - 40RIDR (SEAL) w Printed Name Dl L. Packet Page -1542- " DW ELVIaNEAI S `MY X COFMISSIOPi f DD 798494 i EXPIRES: My 13, 2012 earbeenru►arrwdcta�erwr.r: