Agenda 11/15/2016 Item #16A 316A.3
11/15/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$32,000 to Minto Communities, LLC., which was posted as a development guaranty for an Early
Work Authorization (EWA) (PL20160000521) for work associated with Isles of Collier Preserve
Phase 8.
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 the commitments with respect to this security. The performance security was posted as
security for clearing and site filling associated with an EWA for Isles of Collier Preserve Phase 8 PPL,
(PL20160000515). On September 13, 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 the Performance Bond in the
amount of $32,000 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)
Packet Pg. 327
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $32,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20160000521) for work associated with Isles of Collier Preserve Phase 8.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer, Senior — Growth Management Development Review
Name: John Houldsworth
09/28/2016 7:11 AM
Submitted by:
Title: Project Manager, Principal — Growth Management Department
Name: Matthew McLean
09/28/2016 7:11 AM
Approved By:
Review:
Growth Management Department
Growth Management Department
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Budget and Management Office
County Manager's Office
Board of County Commissioners
Judy Puig
Level 1 Division Reviewer
Matthew McLean
Level 1 Add Division Reviewer
James French
Level 2 Add Division Reviewer
Jeanne Marcella
Level 2 Division Administrator
Scott Stone
Level 2 Attorney Review
Valerie Fleming
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Mark Isackson
Additional Reviewer
Nick Casalanguida Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed
10/05/2016 3:57 PM
Completed
10/11/2016 10:59 AM
Completed
10/11/2016 3:16 PM
Completed
10/17/2016 9:45 AM
Completed
10/27/2016 8:44 AM
Completed
10/27/2016 1:24 PM
Completed
10/27/2016 3:04 PM
Completed
10/31/2016 11:14 AM
Completed
11/06/2016 4:35 PM
11/15/2016 9:00 AM
PROSECT N LOCATION MAP
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Packet Pg 329
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Bond No.: 80130963
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as "Owner") and
The Guarantee Company of North America
One Towne Square, Suite 1470
Southfield, MI 48076
(238)281-0281
(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 Thirty-two Thousand and 00/100 Dollars
($32,000.00) 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 Early Work Authorization Permit No. PL20160000521 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")or until replaced by a new bond in the event of a change in
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 2nd day of May. 2016.
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WITNESSES:
Printed Name 40A'ev e {�1a�tArnE�
Printed Name FRA 5 MM51VIV
Minto Communities, LLC
Ulliam Costello
• of
Finance
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
TkiE FOREGOING Pf RFORMANCE BOND WAS ACKNOWLED ED PEFORE THIS AY OF
a .201 BY NAME OF ACKNOWLEDGER) _
S (TI LE t
OF (NAME OF COMPANY) Minto Communities. LLC W IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary ublic - State of � ; LAURLAFAUC
A MY
?� �= MY COMMISSION @ FF 947789
EXPIRES
February 13, 2020
Tbr Notary Public (SEAL}
Bonded
rinted Name A:V �,_ "'ic 1
WITNESSES: e
P {'nte k Name, Jacqueline ampton
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Printed Name, Matthew Tahbaz
STATE OF Florida
COUNTY OF Miami -Dade
The Guarantee Company of North America USA
By:
Claudette Alexander Hunt, Attorney -in -Fact'
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 29th DAY OF
April, 2016, BY Claudette Alexander Hunt 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 Florida
r
Printed Name,'CamilleiW Cruz
14 -EIS -02650/6
r�
o pv Notary Public State of Florida
?Camille M Cruz
My Commission FF 042586
Expires 0810612017
(SEAL)
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TM The Guarantee Company of North America USA
GUARANTEE s„u>;nse1d, 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
Claudette Alexander Hunt, Jacqueline Jordan Hampton
Aon Risk Services, Inc. of Florida
its true and lawful attomey(s)-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 duty 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 31'' 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
�1 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.
�C� 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.
9 J< THE GUARANTEE COMPANY OF NORTH AMERICA USA
�Wl"i—
STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer 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. Takai 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 n
My Commission Expires February 27, 2018 I i , �,,;�j�s,,�„j 19, � �
Acting in Oakland County �"/�
1, 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.
°rgs�o IN WITNESS WHEREOF, 1 have thereunto set my hand and attached the seal of said Company this day of PoIt
�YrraA�R�a�
Randall Musselman, Secretary