Agenda 09/13/2016 R Item #16A 8 16.A.8
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond No. 09204916 in
the amount of$266,000 to Toll Brothers Inc., which was posted as a development guaranty for an
Early Work Authorization (EWA) (PL20160000376) for work associated with Cay of Naples at
Hacienda Lakes.
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 Cay of Naples at
Hacienda Lakes (PL20150002352). On June 28, 2016, the construction plans and plat were approved by
the Board of County Commissioners (Board). 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 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 Performance Bond No. 09204916
in the amount of$266,000 to Toll Brothers, Inc. Staff 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 Division, Growth
Management Department
ATTACHMENT(S)
1.Location Map (PDF)
2.Performance Bond (PDF)
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16.A.8
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
No. 09204916 in the amount of $266,000 to Toll Brothers Inc., which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20160000376) for work associated with Cay of
Naples at Hacienda Lakes.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/29/2016 10:56 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
07/29/2016 10:56 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 08/01/2016 2:35 PM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/02/2016 3:55 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/08/2016 11:12 AM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:46 AM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 5:29 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 8:22 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2016 9:39 AM
Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:15 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 11:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.8.a
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EARLY WORK PERFORMANCE AGREEMENT
1 THIS EARLY WORK PERFORMANCE AGREEMENT entered into this day of
l,. (1t , 20 , between Toll Bros. Inc., 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. PL20160000376 (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:
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1. Developer agrees to comply with the Early Work Regulations and the Early Work 0
Permit (the "Early Work"). m
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
$266,000.00. ti
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 a
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
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1 6.A.8.b
total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, 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 Developer have caused this greerpent to be
executed by their duly authorized representatives this ,q9--r- day of et " >
20 /( 7,7
SIGNED IN THE PRESENCE OF: TOLL BROS. INC.
Sign: co
1/14n/L66114 (AAA-44kt-)
Donald R Barnes, VP-
Printed
P-Printed Name Charlene Anderson o
Printed Name/Title m
Sign: (President, VP, or CEO)
Provide Proper Evidence of Authority)
Printe,Name, 5 S
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BOARD OF COUNTY COM ISSIONERS
OF COLLIER COUNTY,F RIDA
ATTEST:
By: -112-1414 4\
as designee of the County Manager _a
pursuant to Resolution No.2015-162
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Aplr ve as to form and legality:
Scott A. Stone
Assistant County Attorney
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16.A.8.b
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS:that Bond No.09204916
Toll Bros.Inc
250 Gibraltar Road
Horsham, PA 19044
(hereinafter referred to as"Owner")and
Fidelity and Deposit Company of Maryland
U)
2000 Market Street Suite 100
Philadelphia,PA 19103
610-246-14600
(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 Two Hundred Sixty Six Thousand and 00/100
Dollars($266,000.00)in lawful money of the United States,for the payment of which sum well and truly >y
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and w
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context N
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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. PL20160000376 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
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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
a.
issuance of a subsequent final development order such as an Site Development Plan (SDP) or 4
Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in
the event of a change in Ownership.
RS
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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. 16.A.8.b
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 18TH day of MARCH / 2016 /
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WITNESSES: (Owner i/ ari Ti e if . •• .ticToli Bros., Inc.
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C,Ckrww ,_/t1'•{.4-(;Ct,{'1'1 (t ilk �Qt'Q'�' BY' / /
Printed Name Printed Name/Tit e Fidelity andc/Companyilk
of Maryland
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(Provide Proper Evidence of Authority) Ti
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Printed Name �� '.'-� ..." _ o
Daniel P. Dunigan By - ."., ' /7 j .-------_...._..__ >,
Attorney-in-Fact r`:.e t_: t!'
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ACKNOWLEDGEMENT -o
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STATE OF r/0 Va-' m
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COUNTY OF P a,tVY tJ� n w
THE FOREGO!J PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF ti
��t' / a 1 , 20 ?1p , by ,D�O-NALD R FSP RHES (NAME
OF ACKNOWLEDGE) AS Q (TITLE) OF !o!I SYDS. , Y1G (NAME OF a
COMPANY) WHO IS PERSONALLY KNOW.JO ME, OR HAS PRODUCED 0
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Notary Public-State of Rout el CL, 0
( .) ,.. '
l t k'" CHARLENE ANDERSON
(/ �� MY CQMMISSIQN#E.223913 f�
EXPIRES:Scyurrber 28,2OI6
P ' ed Name Charlene Anderson
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16.A.8.b
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland(herein collectively called the"Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby
nominate,constitute,and appoint William F.SIMKISS,Daniel P.DUNIGAN,Brian C.BLOCK,Joseph W.KOLOK,JR.,Richard J.
DECKER and James L.HAHN,all of Paoli,Pennsylvania, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal
and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds
or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland.,in their own proper persons. O
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The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of z
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the By-Laws of said Companies,and is now in force. O
IN WITNESS WHEREOF,the said Vice President has hereunto subscribed his/her names and affixed the Corporate Seals of the said coU
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and cs
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10th day of May,A.D.2012. O
ATTEST: 00
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ZURICH AMERICAN INSURANCE COMPANY �y
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY t!
FIDELITY AND DEPOSIT COMPANY OF MARYLAND M
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Eric D.Barnes Thomas O.McClellan E
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State of Maryland Q
County of Baltimore
On this 10th day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.
MCCLELLAN,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described
in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the
said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said
Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
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/� Constance A.Dunn,Notary Public
My Commission Expires:July 14,2019
POA-F 156-3293A - /yj a,.
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