VENUE SARASOTA INVESTORS, LLC VENUE AT LAKEWOOD RANCH - Manatee Clerk
For: Venue at LWR (Name ofProject) Off-Site Improvements REQUIRED IMPROVEMENTS AGREEMENT (In conjunction with a Surety Bond (Attachment "A") as security guaranteeing completion of Required Improvements) WHEREAS, VENUE SARASOTA INVESTORS, LLC (Developer) has made application to Manatee County, Florida (County), for approval of a proposed subdivision or final site plan identified as VENUE AT LAKEWOOD RANCH (Project); and WHEREAS, the Manatee County Land Development Code (LDC), Ordinance 90-01, requires that a final subdivision plat not be approved for recording, and that a Certificate of Occupancy not be issued in accordance with final site plan approval, until certain improvements required by the Land Development Code or required as a condition of approval of the plat or site plan (Required Improvements) have been duly constructed, completed, and approved, unless the Developer has provided performance security guaranteeing to the satisfaction of the County that such improvements will be duly constructed, completed, and approved; and WHEREAS, in connection with the Project the Developer has submitted construction drawings for the Required Improvements which are on file with and have been approved by the County; and WHEREAS, the Developer desires to obtain approval of the Project prior to installation of the Required Improvements; and WHEREAS, the Developer has submitted a cost estimate certified by the Engineer of Record to be an accurate reflection of the cost to complete the remaining Required Improvements, and the Developer herewith tenders to the County a Surety Bond which is in an amount representing at least 130% ofthat estimated cost. WITNESSETH: 1. The Developer, in consideration for the mutual covenants and conditions contained herein, hereby agrees to duly construct and complete the Required Improvements and to otherwise comply fully with the LDC, any conditions of the Project approval, and all other applicable regulations, requirements, and agreements. 2. Developer and THE CINCINNATI INSURANCE COMPANY , a Surety Company duly authorized to transact business in the State of Florida (Surety) are held and firmly bound unto the County as obligee/owner in the amount of SEVENTY-SIX THOUSAND SIX HUNDRED SIXTY-SEVEN & 88/100 Dollars (words) 76,667.88 (numbers), and the Developer herewith tenders to the County a Surety Bond, No B0362763 , dated JULY 1, 2013 , with THE CINCINNATI INSURANCE COMPANY . Said Bond shall not expire until the Required Improvements guaranteed by this Bond has been accepted by the County. JUL 3 0 2013 AOO!!Ptet rrtoPEN sesgtoN ·-. BO AD OF COUNTY COMMISSIONEJitS, MANATEE OOUNTY Page I of3
! Req' d lmpv Agreement 3. For: Venue atLWR (Name ofProject) CONDITIONS OF THE SECURITY FOR THE BENEFIT OF THE COUNTY: (a) If the Developer should fail or refuse to complete, to the satisfaction of the County, all Required Improvements on or before the 30th day of JULY, 2014 (LEAVE BLANK -County staff to insert date one year from Board of County Commission approval), in accordance with the construction drawings or any amendments thereto approved by the County, and unless the County elects to proceed in accordance with Paragraph (b) below, the Surety upon !hlr!y (30) days written notice of the default from the County will cause to be completed the Required Improvements and will pay all costs thereof, including and without limitation all engineering, legal, and contingent costs. (b) Alternatively, if the Developer should fail or refuse to complete all Required Improvements in the manner described above, the County, at its option, shall have the right to construct and complete or cause to be constructed the Required Improvements. In the event the County should exercise such right, the Developer and the Surety shall be jointly and severally liable hereunder to reimburse the County the total cost thereof from the proceeds of this Bond, and shall indemnify and save harmless the County against or from all claims, costs, expenses, damages, injury, or loss, either direct or consequential, including without limitation all engineering, legal, and contingent costs which the County may sustain on account of the failure of the Developer to fulfill within the time specified its obligations as described herein. Cost expended on the construction of Required Improvements shall be at the sole discretion of the County. 4. The Developer agrees that it is liable to the County for all costs and damages, as described above, that the County may incur in connection with constructing and completing the Required Improvements without regard to the amount of this Bond. 5. Should the Developer fail or refuse to complete the Required Improvements, nothing herein shall be construed as affecting the County's right to resort to any and all legal and equitable remedies against the Developer and the Surety, including specific performance, to which the Developer hereby agrees. 6. This Agreement shall become effective upon the execution hereofby both parties hereto. Page2 of3
0 # . (Req' d lmpv Agreement) For: Venue atLWR d day of CJ"--"t., t/ , 20 1 3 { Venue Sarasota Investors, LLC Developer 1 )I( t1Gf flNYT BY: /J Type or Pri nt Name Signa e g,· aer:-1 a.Dzt4s1 ;Mcl (LLI Type or Print Name ,U.'/ e or Pnnt Name Title (If attorney-in-fact Attach Power of Attorney) 1050 Eagles Landing Pkwy, Ste 300 Postal Address Stockbridge GA 30281 City State Zip NOTARY ACKNOWLEDGMENT STATE OF: Gea la! COUNTY OF: -IH . . 1.1e;.Ll : ar lil- --The foregoing instrument was acknowledged before me this ;;il ,rJ day of - c. :;,. , ' by J1.·g.,ea.l B.r::D.lh':;, Pr-a; J!!!rd-t;lf , as f1ocmw;pw'uh,-.s1 ., .((""' (Ti eJ " , ,,9, ?alf of the corporation identified herein as Developer and who is personally 0 '!9 ·9tw,Jlo has produced (Type of Iaentification) ds 'tgentification. :ffj: o : o:\P.Ry .·. ; , - NOT YSEAJ;,· \ ·. pue'-''v .:0f ---7 v· . · · )' YCv 7 My Comrnistion ExpirasJanuary31 2016 ' ,,,,,,., PUbliC )t 'a . Name of Notary Prmt &dr Approved and accepted for and on behalf of Manatee County, Florida, this .30 ,20 1 . day of BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA ';t' :ep kan Page 3 of3
FORM NO. 8421 SURETY BOND FOR PERFORMANCE OF REQUIRED IMPROVEMENTS (Attachment "A") BOND NO. 80362763 KNOW ALL MEN BY THESE PRESENT: That the Develop r, . V nue Sarasota Investors, LLC as Principal, and The Cmcmnat1 Insurance Company , a Surety Company. duly authorized to transact business in the State of Florida. are held and firmly bound unto the County of Manatee. State of Florida, as Obligee, in the sum of 76,667.88 (Numbers) (*) (Words) for the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, for the specific benefit of the County in accordance with the conditions set forth herein and in the "'Required Improvements Agreement" which is hereby incorporated herein by reference. THE CONDITION of the above obligation is such that, Whereas the Principal has (LEAVE BLANK Board of County entered into a contract, dated '1 . . o-1 Commission approval date) with the obligation to do and perform certain work relating to The Venue At Lakewood Ranch(Subdivision). NOW THEREFORE, if the principal shall fully perform all the covenants and terms of said contract, then this obligation shall be nu11 and void; otherwise this obligation shall remain in full force and effect, and Surety shall cause the contract to be fully performed or pay to obligee the cost of performing said contract in an amount not exceeding the said sum specified above. In the event such perfonnance is not completed within the time specified in the attached "'Agreement'·, the obligee shall be entitled to collection of this surety bond. Means of notification of intent to collect shall be by certified mail to the Surety at the address {insert page number ofsurety 's address}. Payment will be made to the on page 2 County within 30 days by certified check drawn on behalf of the Board of County Commissioners at P. 0. Box 1000, Bradenton, FL 34206. The Surety does hereby consent to any and all alterations, extensions oftime, or other modifications to the contract secured by this bond. This Surety Bond shall be consh·ued in accordance to the Laws of Florida, and any action of whatever nature, in connection with this Bond and the Required Improvements Agreement shall be filed in the Twelfth Judicial Circuit in and for Manatee County, Florida. (*)Seventy Six Thousand, Six Hundred Sixty Seven & 88/100 .QUL 3 e 201"1 ACCEPTED IN OPEN SESSION----- - BOARD OF COUNTY COMMISSIONEJilS. MANAT.EE-OOUNTV Page I of 3
INSURANCE COMPANY SIGNATURE FORM The Venue at Lakewood Ranch FOR: (PDMU-92-01/FSP-12-47) -(DTS #20120391 BOND NO. (Name of Project) B0362763 (B00000158) SIGNED AND SEALED this 1 s t day of Ju IY , 20 THE CINCINNATI INSURANCE COMPANY . a.u Print Name & Title c/o Little & Smith. Inc. Address 202 Church St., NE GA 30060 Marietta City State WITNESSES OR CORPORATESEAL kuk Signature Anita Carducci Print Name NOTARY ACKNOWLEDGMENT GEORGIA STATE OF: COUNTY OF -- -------COBB The foregoing instrument was acknowledged before me this 1st day of July , 20 . by A. D. Little as Attorney-in-Fact (Title), on behalf of the Surety identified herein, and who is personally known to me or who has produced (Type of Identification as identification. . \\111 i ri/1 1 . m;.· \\\'-· . .td Ji/·, ' . . ,,, :' (1\\.r · ' : .,, ;-1NO':J:AR y .SEAL: Notary Public , . .} -} ·, ; ·){i i:·:. :,(( :f -· ··o : c . .,.; ·:-- -·:o :· . 1-·tu. · . . -.l : ·L-· :: . . \1.7 . r. :a.·.· . . ·-: :;;-);;. \ .-: (. ·-:. -.o;-·, : , .-:·i ·: { . . . . 0 ;;.,.""/- ·:: , .( . "''' ; ,. t.:r . . Print Name ofNotary . ·: ,., · " ,./eO:mmissipnNo. , . \\\'' '. BARBARA A. DUVALL \ 27 · 2016 -.,.,.--------- My Commission Ex.pires: February 11 1;: 1111111\ 11 . r.,; -· "- "' ·r. ;","f Page 2 of 3
t. 0 \. DEVELOPER SIGNATURE FORM SIGNED AND SEALED this 1, day of (If attorney-in-fact Attach Power of Attorney) NOTARY ACKNOWLEDGMENT STATEOF G :UU-IA couNTY oF . .tt L.Jl,. .e v lo R Y---The foregoing instrument was acknowledged before me this 6( day of (}j1 L , 20 L3 , by M v&l fJ. Dz u:.s,. e*; Jerdc H.or'f164J f ' ::lfr:. :. J!tA. R4/ (Tttle), on behalf of the Surety Identified herem, and who ts personally kriown to me or who has produced (Type of ldentit;\oati n)t as identification. ,, .'\' 'J:. I ; 'Y .,, NeT'ARY sEA.L:: Q1AKy · '' ;: . 0 : " · t ' ·.: ;g 0 . PUS\.\ ',, ·. ., · A,, Q"\ll, . 0 " '\ CommtsstonJ : l · ' ,,' · "', ,.' ,,, o: ----------------- My Commission Expires: --------------- Approved and accepted for and on behalf of Manatee County, Florida, this day of ATTEST: Jw3 ' 20.;:,. \ "------- 31: 'fb
THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint A.D. Little; William D. Smith; William D. Smith, Jr.; James R. Elrod; David B. Burruss; Eugene Y. Northcutt; Vivian R. Crutchfield and/or Michael J. Dillon of Marietta, Georgia its true and lawful Attorney(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty Five Million and No/100 Dollars ( 25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'h day of December, 1958, which resolution is still in effect: · "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-inFact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-inFact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7lh day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and scaled shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WlTNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10'11 day of May, 2012. THE CINCINNATI INSURANCE COIVIPANY tl. A-J Vice President STATE OF OHIO COUNTY OF BUTLER ) ss: ) On this IO'h day of May, 2012, before me came the above-named Vice President ofTHE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. ,,,nnrr,,,, ,,,, ··,. \ Al '"' - .:-"'"\ \ 0 J' . :: s' -:. ·* : ;. ·:: \ oi \"';. 'I ,.,,,,,z,. of :*: ,.- .7U{ LLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary ofTHE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby li.trther certify that the said Power of Attorney is still in full force and effect. this GIVEN under my hand and seal of said Company at Fairfield, Ohio. day of July, 2013 1st Assistant Secretary BN-1005 (5/12)
M EMORANDU M Public Works Department Fiscal Services Division 1022 26'" Ave. E. Bradenton, FL 34285 Phone: 941-708-7450 Fax: 941-708-7502 www .mymanatee.org MANATEE COUNTY FLORIDA To: Vicki Tessmer, Board Records Supervisor, Clerk of the Circuit Court Thru: Carmen Mosley, Fiscal Operations Division Manager From: Jane Oliver, Bond Date: July 18, 2013 C Coordinat.Y /Jd · APPROVED IN OPEN SESSION . JUL 3 0 2013 Subject: VENUE AT LAKEWOOD RANCH PDMU-92-01/FSP-12-47 ACCEPT REQUIRED IMPROVEMENTS AGREEMENT ACCEPT SURETY BOND BOARD OF COUNTY COMMISSIONERS MANATEE COUNTY, FLORIDA Please schedule on your consent calendar for the next available Board of County Commissioner's Agenda, the following "Form ofMotion". Acceptance of, and authorization for Chairman to execute the Required Improvements Agreement in the amount of 76,667.88 securing off-site improvements. Acceptance of, and authorization for Chairman to execute the Surety Bond in conjunction with the above Agreement. Surety Bond No. B0362763 issued through The Cincinnati Insurance Company; Amount of Performance Bond 76,667.88. CM/mjo cc: Records Management Sia Mollanazar, P.E., Deputy Director- Engineering Services Chad Butzow, P.E., Deputy Director- Field Services Operations Mickey Lutz, Maintenance Operations Division Manager Andy Fischer, Infrastructure Inspections Division Manager Ken Bower Morrow Construction, Inc. The Cincinnati Insurance Co. Attachments LARRY BCSTLE * MI CHAE L GALLEN * .JOHl'i R. CHAPPlE ,. ROBI N I iSABATII'i O *VANESSA BAUGH * CAROL \\'HITMORE BETSY BENAC Dtstricl I District 2 District 3 Dtstricl 4 Dtstrict 5 District 6 District 7
WHEREAS, VENUE SARASOTA INVESTORS, LLC (Developer) has made application to Manatee County, Florida (County), for approval of a proposed subdivision or final site plan identified as VENUE AT LAKEWOOD RANCH (Project); and WHEREAS, the Manatee County Land Development Code (LDC), Ordinance 90-01,
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