Agenda 09/13/2016 R Item #16A17 16.A.17
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$72,200 which was posted as a guaranty for Excavation Permit Number 59.890-1, PL20150001749,
for work associated with Kalea Bay.
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 Kalea Bay, PL20150001749. 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 $72,200. Development Review 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.17
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $72,200 which was posted as a guaranty for Excavation Permit Number 59.890-1,
PL20150001749, for work associated with Kalea Bay.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
08/03/2016 8:06 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
08/03/2016 8:06 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Add Division Reviewer Completed 08/09/2016 1:55 PM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 08/09/2016 5:10 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/15/2016 11:47 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 5:30 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/16/2016 8:19 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2016 9:40 AM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 11:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 9:12 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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MEMORANDUM
Date: September 9, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk co
Minutes & Records Department
Re: Excavation Performance Agreement & Performance Bond — m
Kalea Bay o
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Attached for your records is a copy of the agreement referenced above,
(Item #16F1-A) adopted by the Board of County Commissioners September 8, co
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2015.
If you need anything further, please feel free to contact me at 252-8411. m
Thank you.
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Attachment
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 29th day of
July , 2015 between Lodae/Abbott Associates 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 at 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
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No.P1-do/S-0 (the "Excavation
Permit"). 0-1.19D-1 )
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 Excavation Regulations and the Excavation
Permit(the "Excavation Work"). 9
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2. Developer herewith tenders its excavation performance security(attached hereto x
as Exhibit"A" and by reference made a part hereof)in the amount of$ 72,200.00. w
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3. In the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance a
security to insure satisfactory completion of the Excavation Work. m°
as
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 is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations. a�
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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) E
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 a
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, 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
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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.
IN WITNESS WHEREOF, the Board and Developerhhave caused this Agreement to be
executed by their duly authorized representatives this a` day of 0-14.II , 2015.
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SI NED IN THE PRESENCE OF: Lodge/Abbott As • i- e. L m
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Printed Name Edward R. Schonberg 00
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Printed Name M i che,le C. Walker W
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Apprved to form and legality: ro
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Sc.crk-V-'A . Sor -t�ha. A v5 a5 015
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Approved in absentia per Resolution No. 2000-14'
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By: 4. 1 ..,/ i
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Leo E. Ochs, Jr. , ounty Manager
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PERFORMANCE BOND
FOR EXCAVATION WORK Bond No. 929614911
KNOW ALL PERSONS BY THESE PRESENTS: that
Lodge/Abbott Associates LLC
3400 E. Lafayette
Detroit, MI 48207
(hereinafter referred to as "Owner") and
Western Surety Company
101 S. Reid Street, Suite 300
Sioux Falls, South Dakota 57103
(877)574-2896
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter °a
referred to as "County") in the total aggregate sum of SEVENTY TWO THOUSAND TWO HUNDRED
AND 00/100 Dollars($72,200.00) 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. m
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THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by 7
the Board a certain excavation permit no. 57.V90-1 P!-ti4l1'rAnd 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 w
this Bond is executed and shall continue until the date of completion of the work and approval by the v
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. a
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that c
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, .c
extension of time, alteration, addition or deletion to the proposed specific improvements. as
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 31st day of July, 2015.
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WITNESSES: (Lod•e&Abbott •ss•ciat,- LLC)
Ad ,../ - L7derdee By: 1/cAltA if
5 ' a"rte,r l° 4:e(eaee
Pri ed Name
_ C. WPrinted Name/Title—Edward R.Schonberg,Vice President
M i c It- C . 'p Ike. — (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF Michigan ?^
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COUNTY OF 14 vlsrIP m
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THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31st DAY OF
July, 2015, BY E4s,rw.,rA R. SekorA,ec AS Ve
ttt. Tre.ai dean OF l,eiv/Ab6erii Associ*WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. r"-a) o
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Notary Public-State of Michigan c
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MICHELE C WALKER r`
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NOTARY PUBLIC,STATE OF MI
COUNTY OF OAKLAND -a
MY COMMISSION EXPIRES Jun 10,2018
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WITNESSES: (Western Surety Company)
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Printed Name:Courtney Trevor aci
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'1:0— ,Ge.,(it 04, Printed Name/Title: as
Gus E.Zervos,Attorney-in-Fact B
Printed Name: Donald W. Burden (Provide Proper Evidence of Authority)
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ACKNOWLEDGMENT
STATE OF Michigan
COUNTY OF Macomb
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31st DAY OF
July, 2015, BY Gus E. Zervos AS Attorney-in-Fact OF Western Surety Company WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public-State of Michigan
(SEAL)
Veranda'D.:Gordon OrA/‘ 0. hid& ,
Printed Mame ;
14-EiS-O2 SOn Veranda D.Gordon
• Notary Public,Macomb County,Michigan
My Commission Expires December 10,2018
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Sure Com an 16.A.17.bWesternty p y
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know MI Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls.and State of South Dakota•and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Gus E Zervos, Steve M Zervos, Angelo G Zervos, Donald W Burden, Veronda D Gordon,
Individually
of Southfield,MI,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
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- In Unlimited Amounts -
and to hind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said eu
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
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This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted.as indicated,by �p
the shareholders of the corporation. O
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to he
hereto affixed on this 13th day of Judy,2015.
WESTERN SURETY COMPANY eo
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aul T.Bruflat,Vice President
State of South Dakota U
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County of Minnehaha
On this 13th day of July,2015,before roe personally came Paul T.Brutlat,to me known,who,being by me duly sworn,did depose and say: that he �O
resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed f1
the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges
same to be the act and deed of said corporation.
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My commission expires 0 %%%%% �vMry 4
S.ETCH
February 12,2021 / SOUTH t?UPOTA •
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S.Eich,Notary Public
CERTIFICATE
1, L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 31St day of July ,-. 2015_
S�acry'�,
O} WESTERN SURETY COMPANY
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L.Nelson.Assistant Secretary
Foram F-1280-7-2012
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Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President,Secretary, any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
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