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Agenda 09/13/2016 R Item #16A15 16.A.15 09/13/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release an Excavation Performance Agreement and Bond in the amount of$25,000 to CC Ave Maria Estates, LLC., which was posted as a guaranty for Excavation Permit Number 59.902-24, PL20150001735 for work associated with Maple Ridge Estates Model Lots. 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 Excavation Performance Agreement and Bond was posted as security for an Excavation Permit associated with Maple Ridge Estates Model Lots, PL20150001735. The As-Built lake cross sections have been received and the lakes have been inspected by staff. 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 Excavation Performance Agreement and Bond in the amount of $25,000 to CC Ave Maria Estates, 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) 3.Performance Agreement(PDF) Packet Pg. 564 16.A.15 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Item Summary: Recommendation to authorize the Clerk of Courts to release an Excavation Performance Agreement and Bond in the amount of$25,000 to CC Ave Maria Estates, LLC., which was posted as a guaranty for Excavation Permit Number 59.902-24, PL20150001735 for work associated with Maple Ridge Estates Model Lots. Meeting Date: 09/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 07/26/2016 5:59 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 07/26/2016 5:59 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/27/2016 3:31 PM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/01/2016 8:44 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 3:24 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:08 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 5:26 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 8:35 AM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2016 9:38 AM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:04 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 10:23 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 565 1 6.A.1 5.a • iii -.1-) 1='E�:C)JEC;1 W o io SITE INanii ca I = I��t`�ICI<AL_E` (I11,, . I_� iCh'_ to �� (--. ;, INS'1. 1«, > Li Cl) alt 03 I> S? \ <� U' la __I \ �< ) LL OIL WELL. RAC o 0, O. RS E GOLDEN GATE BLVD. 0 0 0 J C N E - .0 0 t0 Q `1\.w.a.o J Iz U C t) II SCI) N I1\'lI A]P MAPLE. RIDGE FST. A`d'E MARIA Packet Pg. 566 (alels3 a6P! I aldetjl puog uoReAeox3 : 0691.) puog aoueuaao}Jed :lueu.aoelltf r- ui u, Q a T G1 PERFORMANCE BOND FOR EXCAVATION WORK a Bond No. 106103801 KNOW ALL PERSONS BY THESE PRESENTS:that CC AVE MARIA ESTATES, LLC 135 San Lorenzo Avenue, Suite Coral Gable, Florida 33146 (hereinafter referred to as "Owner")and Travelers Casualty and Surety Company of America One Tower Square, 3B Hartford, CT 06813 (800)873-1477 (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 Twenty-five thousand dollars and 00 cents Dollars ($25,000.00) 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 excavation permit no. 59.902-24 for Maple Ridge Estate Model Lots and that certain excavation permit 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 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 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. (a4els3 a6pRI olden! puo8 uogeneox3 : 0691) puog aouewioge :;uowt43e41V co c0 Q , cc th a IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 9th day of September 2015. a W3 : r INE ^J I CC AVE MARIA, LLC t - By: P itlted Name LOAAAAS 13 Brian Goguen, Vice President (Provide Proper Evidence of Authority) Printed Name t `� 1,1t I L.L. ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER 11, THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS tL) DAY OF , 2015, BY BRIAN GOGUEN AS VICE PRESIDENT OF CC AVE MARIA, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public-State of Florida ,L :it MYCCMndc, •t iuos90 (SEAL) EXPIRE S:ra7+:0109,2018 Printed Name: Kim D. Davidson E4'sea"�o �' '`"u d°°"a°� WITNESSES: Travelers Casualty and Surety Company of America � n .Kr/S�r /C-1� /i'� By: \. VU,Litt({.l . Printed Name /G" i , uzA . _ Charity A. Moser, Attorney-In-Fact C (Provide Proper Evidence of Authority) Printed Name 1,,,0°-1�+-. E- /� -~('0c"l�u'"a� ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 9th DAY OF _September, 2015_, BY Charity A. Moser AS Attorney-In-Fact OF Travelers Casualty and Surety Company of America WHO IS P RSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary ublic-State of to d- osaRv P°& GEORGE T.LEAMOPI _..r., ✓.» *��i� c* MY COMMISSION#FF 086223 (SEAL) Ott' EXPIRES:April 13,2018 Printed NameyGeor- . Lea mon "°reo;taGcet Bonded Thru Budget Notary Services 14-EIS-0265017 a2 (alels3 a6p►j eideW puo8 uollene3x3 : 0690 puog aouewaoped :luawl.toellV L tO T Q POWER OF ATTORNEY cn , a TibELERS Farmington Casualty Company St.Paul Mercury Insurance Company d Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Y Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America to St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 11. St.Paul Guardian Insurance Company Attorney-In Fact No. 229466 Certificate No. 006358548 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St, Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Huntley A. Hornbeck.I1, Kristin M.Neierl.Marc E.Williams,Stephen J. Benza,Charity A.Moser,and Dawn Y.Colecchio Naples Florida of the City of ,State of ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Comp es rave caused thus instrument to be signed and their corporate seals to be hereto affixed,thus I st June 2Uf5l day of , . Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Gp5ll,i . Se 6"xN Ns xJPy' ..�q•.Q•'...• ,QTY AN a 'e" ,/ti �J tYN / p y�,� R Y u R Z1 :777 ' NiD � `::, cIWFt^S (::::s-17ARL........,;\=„ o ..ATf . w HARTFORD, s iSF' .hSa 4rS� (- vT4i95t 4„ .Y 'j=.O ;� i WTcoN8L9 � a,, � 896 dYa AN.17Y t• a• , f vh•,.........,'a, dbaa °i"w'. Nn AF / /s 'Ax,v y`.N",A,✓1 SM.4MM., . Fs' ,,/J4e / /7,Z,/,--- State of Connecticut BY t City of Hartford ss. Robert L.Raney,Senior Vice President 1st June 2015 On this the day of , ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul MercuryInsurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. SP:IN ' In Witness Whereof,1 hereunto set my hand and official seal. 1��("� a ' — V My Commission expires the 30th day of June,2016. �P� �� ,�* M.+ne C.'1'etrcault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY ORNEY IS INVALID WITHOUT THE RED BORDER q (apels3 e6p►j aldelj puog uol;eneox8 : 0691.) puo8 eoueWJOPOd :;uawipewgr T VVHFSINIINn:I Nib nUVVt-1 Ur-HI 1011iNCY IC IINVHLIU VVI I Ill/LI I I rit MCI)esur-iUCt1 ti LIQ Q This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance CI- Company, Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Gl Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: V to RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any I' certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal I!, shall he valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on r the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,inc.,St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. ". Cell t� 1� 6' IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 4 Kevin E.Hughes,Assistant Sec tary it oiso4t _,'�'r��tY '41.rh tY 4N0 N��� ',1 OAPD/ ��. V OR^R9q 1 J �N JP` �,Efk, ,s,VYAN0 r 1O F n 7e C G � \ 19SZ�O 4 �J7! MICOArOttAIED� VpgsW4'GORPORAle ni^f gin \ yti�1 �C®;,� f 3 Z i I o `0 HARTFORD, + 3 HACiTFORD,t§ "" +�n g 1951 a la." T1 (iec'"ft."A% "V i t o CONN CON't k in 1896 bry ��D Vi , *tit r' ' ��SF....•V ;6.5EAL a Ir� ,._ s v° r, i Z` e d �""', �`� `.S.AS; �S�m '`f • I.aa* r "` dNt To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. I;' { I I j' it "'I WARNING:THiS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ii (aw.ei.s3 a6pi21 aideW puo8 uoi;eneox3 : 0690 puog aouew.lo}aad :wawtioellAt rrir` ti r T � Project: Maple Ridge Estate Model lots E `'° I I``` S U Task: Excavation Bond Calculation n. C ,N F E 1Z , 7, Prepared By: RA Date: 7/29/2015 Checked By: RA Date: 7/29/2015 Lake ID Description Unit Price Unit Quantity Amount Proposed Lake No.5C Lake Bank Perimeter at Control Elev. $ 20.00 LF 865 $ 17,300.00 Performance Security Guarantee= $ 17,300.00 * *The performance guarantee for excavation shall not be less than $25,000,nor more than$1,000,000 computed at a rate of$20.00 for sand and$100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No.04-55. Notes: 1) Lake bank perimeter is anticipated to be sand,per the Geotechnical Report prepared by YPC Consulting Group. aNUUIUN GCA R. Ot,.: + NSF•o -1- y�` N.> N • 4 i �67,0 • � c� 11/4 STA ec x, •E FL Len6 v 67500 ttQliefb ' 4 .28275 (atelsB a6pla aldeNl puo8 uol;eneox3 : 0691.) puo8 aouewaoJaad :tuewgoe;;brLri ti a I e. A d.� LETTER OF TRANSMITTALa. • Date: September 10,2015 2600 Golden Gate Parkway, Suite 105 Naples, Florida, 34105 Phone No: 239.262.2600 Project Name: Maple Ridge Estate Model Lots Fax No: 239.261.1797 Reference: Excavation Permit 59.902-24 To: Brett Rosenblum, P.E. Collier County Growth Management Utility Reviewer 2800 N. Horseshoe Drive Naples, Florida 34104 We are sending attached via: 0 Delivery 0 Mail ❑Client Pickup 0 Overnight Delivery The following items: Copies Date Description 1 09/09/2015 Original Bond in the amount of$25,000.00 1 09/10/2015 Original Construction and Maintenance Agreement These are transmitted as checked below: 0 For Approval 0 ForYour Use ®As Requested 0 For Review and Comment Comments: Should you have any questions, please feel free to contact me. Thank you. Copy To: File Signed: Kim D. Davidson Permit Coordinator 16.A.15.c EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 11"' day of September, 2015 between CC Ave Maria Estates, 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 "Excavationcz Regulations"); and LL, WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will 62 comply with the Excavation Regulations and Excavation Permit No. 59.902-24 (the "Excavation Q Permit"). tti2 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants m hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 0 1. Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the"Excavation Work"). x UJ 2. Developer herewith tenders its excavation performance security (attached hereto 0 as Exhibit "A" and by reference made a part hereof) in the amount of a, .. $ 25,000.00. ;�, c 3. In the event of default by Developer or failure of Developer to complete the c) Excavation Work within the time required by the Excavation Regulations and cu au Excavation Permit, Collier County, may call upon the excavation performancecr security to insure satisfactory completion of the Excavation Work. a> c 4. The Excavation Work shall not be considered complete until Developer notifies E the County that the Excavation Work is complete and the final Excavation Work o is reviewed and approved by the County Manager or designee for compliance o with the Excavation Regulations. c m 5. The County Manager or designee shall, within sixty (60) days of receipt of E notification by Developer in writing that the Excavation Work is complete, either: 0 a) notify Developer in writing of his approval of the Excavation Work; or b) notify a 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. 573 16.A.15.c 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. 4. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be W executed by their duly authorized representatives this 11th day of September, 2015. .� a} SIGNED IN THE PRESENCE OF: Sign: CC AVE ARIA ESTATES, LLC -0 / m° By: la. , o Printed Name kA,,,fr,(6„ Ri�L Brian Goguen, Vice ' --identres U Sign: , Provide Proper Evidence of Authority) o °' ;4-- d()(letit.,..._ Printed Namer. ATTEST: a) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA a' Q 0 B DWIGHT E. BROCK, CLERK as designee of the County Manager pursuant to Resolution No.2015-162 a> E U r-� By: e Deputy Clerk Apprpved as to form and legality: • Scott A. Stone Assistant County Attorney Packet Pg. 574