Agenda 09/13/2016 R Item #16A13 16.A.13
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$416,601.60 to Minto Communities, LLC., which was posted as a guaranty for Excavation Permit
Number 60.080-7,PL20150001911 for work associated with Isles of Collier Preserve Phase 7.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for developer commitments in accordance with Section 22-115 of the Collier County Code
of Ordinances. The work associated with this security has been inspected and the developer has fulfilled
his commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Isles of Collier Preserve Phase 7, PL20150001911. The As-Built lake
cross sections have been received and the lakes have been inspected by the Development Review
Division.
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 the Performance Bond in the
amount of $416,601.60 to Minto Communities, LLC. 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.13
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $416,601.60 to Minto Communities, LLC., which was posted as a guaranty for
Excavation Permit Number 60.080-7, PL20150001911 for work associated with Isles of Collier Preserve
Phase 7.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/05/2016 8:34 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
07/05/2016 8:34 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/05/2016 10:39 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 2:54 PM
Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/05/2016 10:40 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 3:36 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:02 PM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 3:02 PM
Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/05/2016 10:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2016 3:32 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:43 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 9:12 AM
Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/05/2016 10:40 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 9:04 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION 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 excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and ti
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WHEREAS, the Excavation Regulations require the Developer to post appropriate o
guarantees and execute an Excavation Performance Security Agreement stating applicant will U
comply with the Excavation Regulations and Excavation Permit No. PL20150001911 (the
"Excavation 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: m°
1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work"). >
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$416,601.60.
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3. In the event of default by Developer or failure of Developer to complete the o
Excavation Work within the time required by the Excavation Regulations and 0°
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work a
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations. E
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation 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 excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation 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,
Packet Pg. 553
16.A.13.b
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final 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.
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IN WITNESS WHEREOF, the Board and Develo a have ca`u-sed this Agreement to be a)executed by their duly authorized representatives this (Q y ofLeAbbP N( , 20 \6. o
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SIGNET? I ; THEPR ENCE OF:
Sign: ♦A. Minto Communities, LLC
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Michael J. Belmont, President
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Printed Name
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNT , FLORIDA
DWIGHT E. BROCK, CLERK as designee of theCounty Manager
pursuant to Resolution No.2015-162 c
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By:
Deputy Clerk
A•,•roved as to form and legality:
Scott A. Stone
Assistant County Attorney •
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16.A.13.b
6-17 A
Bond No.CM5268160
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as"Owner") and
RLI Insurance Company
9025 N. Lindbergh Drive,
Peoria, IL 61615
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(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 Four Hundred Sixteen Thousand Six Hundred
One and 60/100 Dollars ($416,601.60) 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. a
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Excavation Permit no. PL20150001911; Isles of Collier Preserve Phase 7 and
that certain excavation permit shall include specific improvements which are required by Collier County >
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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 completion of the
work and approval by the County of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change
of Ownership.
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 ,'6
effect.
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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. co
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 28th day of September, 2015.
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16.A.13.b
Bond No.CM5268160
WITNESSES: Minto Communities
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Print Name: Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
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STATE OF \--[Qx->C a�
COUNTY OF . 0a to. ..... o
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,, THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME HIS& Y OF o
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.. ;e a Y 20 15 , BY (NAME OF ACKNOWLEDGER)U((r(\e,‘ -S. f\Mrt \ 4 a
AS TITLE)at;
s." - a OF MINTO COMMUNITIES WHO IS PERSONALLY w
KNOWN TO E, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of V1cir1c "° MIREYA RODRIGUEZ i _rTh .�� Notary Pobila-State of Florida 0
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=7 _ My Comm.Explresi Feb 24,201 (SEAL)�� _.. o�.a.� Commission !EE 877516 ns
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WITNESSES: RU Insurance Company a,
• • N.zzocco, Surety Witness m
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' '7'1) - Claudette Alexander Hunt,Attorney in Fact i4
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Matthew Tahbaz, Sure Witness Printed Name/Title o
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ACKNOWLEDGMENT E
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE Q
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28TH DAY OF
SEPTEMBER, 2015, BY CLAUDETTE ALEXANDER HUNT AS ATTORNEY IN FACT OF RLI
INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED LICENSE AS
IDENTIFICATION,
Notary Public - State of Florida
o,-" 1"iL Notary Public State of Florida '
? Camille/„.,,,,
Cruz (SEAL)
9 ' c My Commission FF 042586
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I6.A.13.b
RL1t, RL1 Surety POWER OF ATTORNEY
9025 N,Lindbergh Dr.I Peoria,IL 61615
Phone:(800)645-2402 I Fax:(309)689-2036 RLI Insurance Company
www.rlicorp.com
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by t
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
Claudette Alexander Hunt,Camille Marie Cruz,Jacqueline Jordan Hampton,jointly or severally
in the City of Miami , State of Florida its true and lawful Agent and Attorney in Fact, with I ti
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following descril m
bond. o
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00). o
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The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had bl o
executed and acknowledged by the regularly elected officers of this Company. m
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The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directs o
of RLI Insurance Company,and now in force to-wit: f°
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"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name 01 x
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Boarc w
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoin Q,
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corpora(
41
seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. Th( --
signature of any such officer and the corporate seal may be printed by facsimile." c
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IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with i 8
corporate seal affixed this 3rd day of November , 2014 . c
,0,02;!!,,,,,„,,,,, RLI Insurance Company
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:.,i,•_oppoRgrA,••.-y^% Q
SE. LI ' By: L. ._.--- a:
Roy C.Di Vice Presider
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State of Illinois ) '+,,„„t,,,,,"" 4
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County of Peoria )
CERTIFICATE
On this 3rd day of November , 2014 , before me, a Notary I, the undersigned officer of RLI Insurance Company, a stoc
Public,personally appeared Roy C.Die ,who being by me duly sworn, corporation of the State of Illinois,do hereby'certify that the attache
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; an
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution'of the Company a3 set forth in tl
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. in testimony whereof, I ha\
hereupto set my hand and the seal of the RIA Insurance Compan
`` this 1 day of `�e em 2c)I ,.
By: /!; . 7, 01-.4.-69-0<--
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Jacque' e M.Bockier Notary Public RLI Insurance Company y
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:2i "OFFICIAL SEAL” ; 411111rNOTARY
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sraieo, JACQUELINE M.ROCKIER By: ..
lard; COMMISSION EXPIRES 01114119 Roy C.DD /
Vice Presider_
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