Agenda 03/22/2016 Item #16A16 3/22/2016 16.A.16.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$81,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20150001913)for work associated with Isles of Collier Preserve Phase 7.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of
the Land Development Code (LDC). The work associated with this security has been inspected
and the developer has fulfilled his commitments with respect to this security. The performance
security was posted as security for clearing and site filling associated with an Early Work
Authorization for Isles of Collier Preserve Phase 7 (PL20150001913). On November 10, 2015,
the construction plans and plat were approved by the Board of County Commissioners. Once the
construction plans and plat for this project are approved, the bond is no longer required. A recent
inspection confirmed that the developer has fulfilled the commitments of the EWA.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
n with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. -SAS
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in
the amount of$81,000. Development Review 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, Development Review, Growth
Management Department
Attachments:
1) Location Map
2) Copy of Performance Bond Agreement
3)Copy of Bond
Packet Page-939-
3/22/2016 16.A.16.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.16.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$81,000 which was posted as a development guaranty for
an Early Work Authorization (EWA) (PL20150001913) for work associated with Isles of Collier
Preserve Phase 7.
Meeting Date: 3/22/2016
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior,Development Review
2/17/2016 6:31:44 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 2/22/2016 4:43:37 PM
Name: PuigJudy
Title: Operations Analyst,Operations&Regulatory Management
Date: 2/22/2016 4:44:24 PM
Name: McLeanMatthew
Title: Project Manager,Principal,Development Review
Date: 2/23/2016 1:30:58 PM
Name: FrenchJames
Title: Deputy Department Head-GMD, Growth Management Department
Date: 2/26/2016 2:42:39 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 2/29/2016 11:09:06 AM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Packet Page -940-
3/22/2016 16.A.16.
Date: 3/3/2016 8:36:59 AM .-.
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/3/2016 9:45:27 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/7/2016 10:27:18 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 3/13/2016 5:17:52 PM
Packet Page -941-
3/22/2016 16.A.16.
, . E.' ., , a ,. N
r ,t,i f { ' E r. ;g �" . ) I. ',;..J ° uw. 4cra.. M,t,, 4 f !r,„.., ,
'4. 'r, i•a d. i `�( r ‘, l�as .icy
`"F `," 1 _ V + " s '
r , 3f'"" :., j�l�F si:";'_ :t„aQ a°¢x4"r 5i 'At"'.'_ `^ r✓��wny^'v+.'rY,c riw++ t 'r *E..
d,.
Y�['4 w f S G`z ya{±i' I F. f `f' � ,
' � ! 'sl �.; : =°' '1,,,a -.1, ��� Jai` .. j
y THOiitAtfi __ s ,!„ry •s w3 r'.. „ ' . RATTLE NAKE KAMMOCK RD
'' 7 i - f :V _..,._ t'',*..-m„Q--1 * *-�-•imminta
"'I-ft'
. - r x+
.417-s s r k
, =a _ �. 1 � . ,.;
�.,,, s` lr; .� 7i1I Sett
,I
■ N !L '
K
,,,,, i i e, ,e',/ 6-4.ii.J44-4 ,.91
r ,
t '
.,'t,.;,,,,..,.,). rte.,. 1 i i I. �} *+,,.,
1 «
.J �'d r N w
y
PROJECT N
LOCATION MAP MOW Yu13B g ELI nc I� r L„,..+... -11e.,wrv(,,... 114114
1
Packet Page -942-
3/22/2016 16.A.16.
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 6th day of
October , 2015, between Minto Communities, LLC hereinafter referred to as "Developer," and
the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.B
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20150001913 (the "Early Work Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$ 81,000.00.
3. In the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
4. The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
6. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
Packet Page -943-
322.2016 16.A.16.
'—~
total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costo, together with any damagaa, either direct or consequential,
which the Board may sustain on account of the failure of Developer to fulfill all of
the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Develo cau to be
� m��. 7� \,%,`
executed by their duly outhor�ednapnaaentadveothis um^, ` day of� //`�tn/f�Y- .
20 .
SIGNER I T E P SENCE OF: K8intoCommunitieo. LLC
S~� : �~ ^�� W/
"r
'� /
v^� �� � i� � ' 'Y By: ` - -'� � ~��
_ _ -- ' ~ -^ _-----____ -_
Printed -DO8 �~
Michael J. Belmont, President
Qign: � '
' , ` Provide Proper Evidence of Authority)
~—~
Printed Name
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ATTEST:
By:
, .
as designee of the County Manager
pursuant m Resolution No.2O|S-l02
DWIGHT E. BROCK, CLERK
By:Deputy Clerk
Approved as to form and legality.
Scott A. Stone
Assistant County Attorney
! �
Packet Page -944-
3/22/2016 16.A.16.
Bond No.80109492
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS:that
MINTO SABAL BAY, LLC
4400 W. SAMPLE ROAD, SUITE 200
COCONUT CREEK, FL 33073
(hereinafter referred to as "Owner") and
THE GUARANTEE COMPANY OF NORTH AMERICA USA
ONE TOWNE SQUARE, SUITE 1470
SOUTHFIELD, MI 48076
(813) 321-7696
(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 Thirteen Thousand Four Hundred
Eighty and 00/100 Dollars ($113,480.00) 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 a certain Early Work Authorization Permit No. PL. 2 e, i500C)c,4f`?L- and that
certain Early Work Authorization 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 completion of the
work and approval by the County of the specific improvements described in the Land Development
Regulations, or until issuance of a subsequent final development order such as an Site Development
Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period") uw,iiii,30 cea._t a
rev Dona s .._'a event at chancL Dwnf rsfri 1.
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 20"' day of March. 2015
Page 1 of
Packet Page -945-
016 16.A.16.
VVITNt.): MINTO SABAL BAY,L
~,�
- ~ � ` -�=.m�°�� ^``,
Print: mk,k3I\ t-kv- UUiernCOstellm
V.P. of Finance
birgmn�� a��m/�L�
Print: 91mv,+w�� (ri/141.4*w, Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF fcR \+\
COUNTYOF��0,�,�,�k�\
THE 0NQ PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS/-.) DAY OF
. , BY (NAME OF ACKNOVVLEDGER)
AS (T|TLE)\/� ts,',e4...cri
WHO |S PERSONALLY KNDVVNTDK�E. OR HAS PRODUCED AS IDENTIFICATION.
_
Notary Public- State of rt..t�9 /°-�
LAURA tAFAI1C1
(SEAL)
tktM, comminslom EE 157114
*-4 EXPIREA:Fetxuary 13,2016
Printed Name: / o_-r ` / '
THE GUARANTEE COMPANY OF NORTH AMERICA USA
^~ '
Print: }'
/ ���i
f�.�/.
+'
` y &4ar�S�nohhe,
Print: I y� Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 20th DAY OF
March , 2015, BY Maria Sionorile AS Attorney-in-Fact OF The Guarantee Company of North America USA
WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public -State of Georgia
~ _'^ (SEAL)
Sign: 62."-n
Printed Name: Beth Kitchens Harmon
Page of
Packet Page -946-
' .�
3/22/2016 16.A.16.
*THE The Guarantee Company of North America USA
ir rrAu ki i "
EE Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:'That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the
laws of the State of Michigan,having its principal office in Southfield,Michigan.does hereby constitute and appoint
Maria Signorile,Wesley P.Williams
Aon Risk Services South,Inc.
its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise.
The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003.
The President,or any Vice President•acting with any Secretary or Assistant Secretary,shall have power and authority:
1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and
2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety
company of any of its obligations under its bond.
4 In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to
the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation..
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting '"
duly called and held on the 6th day of December 2011,of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory In the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
aN"FFC IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
-� its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012.
(' � THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO f Randall Musselman,Secretary
County of Oakland
On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me
duly sworn.said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said
instrument is the Corporate Seal of said Company, that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. 7akai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
>, . Notary Public State of Michigan Company of North America USA offices the day and year above written.
County of Oakland f�
w , ay My Commission Expires February 27,2018 /
�,, Acting in Oakland Courtly ` `l Gt lQe�
MC"
A
I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect.
rr'""'n-v IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this day of 11
a 0
\T
J
Randall Musselman,Secretary
Packet Page -947-