Agenda 04/25/2017 Item #16A 504/25/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$289,720 which was posted as a guaranty for Excavation Permit Number 60.082-3, PL20150002846
for work associated with Cays of Naples (fka Hacienda Lakes of Naples Tract B).
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 Cays of Naples, PL20150002846. 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 action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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 $289,720. 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
ATTACHMENT(S)
1. Location Map (PDF)
2. Excavation Performance Agreement and Bond (PDF)
04/25/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 2919
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $289,720 which was posted as a guaranty for Excavation Permit Number 60.082 -3,
PL20150002846 for work associated with Cays of Naples (fka Hacienda Lakes of Naples Tract B).
Meeting Date: 04/25/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
03/20/2017 6:53 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/20/2017 6:53 AM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/20/2017 9:42 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/21/2017 11:21 AM
Growth Management Department Judy Puig Additional Reviewer Completed 03/21/2017 11:35 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/22/2017 8:19 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/22/2017 3:58 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/24/2017 8:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/29/2017 8:32 AM
Growth Management Department James French Additional Reviewer Completed 03/31/2017 10:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:26 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/17/2017 10:23 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM
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EXCAVATION PERFORMANCE AGREEMENT
A /L+L
il t. THIS EXCAVATION PERFORMANCE AGREEMENT entered into lhis t7 ' day of
lWtlYf l , zollt between Toll Bros. lnc., hereinafter referred lo as "Developer," and the
B"aillf-Cor"ty ffimissioners 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
WHEREAS, the Excavalion 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. PL20150002846 (the
"Excavation Permit"). ({,c ., 3d'1)
NOW, THEREFORE, in consideration of the foregoing prernises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$289,720.00.
ln 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
security to insure satisfactory completion of the Excavation Work.
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.
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.
ln 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,
1
2
3.
4
5.
6.
the Excavation Work. The Developer, as principal under the exeavation
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 lirnited 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 respeetive successors and assigns of
Developer.
lN WITNESS WHEREOF, the Board and Developer have causefl,this $greement to be
executed by their duly authorized representatives this *&fd ay ot tY{r*-vrtL-- ,2A f{r .
SIGNED IN THE PRESENCE OF:
Barnes,
Printed Name
Chslcoe Andcrson
Sign:
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
P Name Jas:i.n-b..$r+
ATTEST:
I3OARD O}. COUN'IY COMMISSIONERS
ot.'cot-t.t[".R
By:t'I
DWIGHT E. BROCK, CLERK as County' Manager
pursuant to Resolution No. 201 5- 162
By
Deputy Clerk
AS form and legality:
Scott A" Stone
Assistant County Attorney
(Name
By
[.ttltt-1 i
PERFORMANCE BOND
FOR EXCAVATION WORK
KNow ALL PERSONS BY THESE PRESENTS: that Bond No. agzo4gt7
TollBros.lnc
250 Gibraltar Road
Horsham, PA 19044
(hereinafter referred to as "Owner") and
FideliW and Deposi! Comoanv of Marvland
2d)0 Market Street Suite 100
Philadele,hia. PS 191Q3
510-246-14600
(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 Eishtv Nine Thousand Seven
Hundred Twentv and 901100 Dollars {S 289.720.00) 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. cav of Naples at Hacienda Lakes (Pu015ooo2g46l 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 outtay and expense which the county may
incur in making good any default, then this obligation shall be void, othenirrise to remain in full force andeffect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that nochange, extension of time, alteration, addition or deletion to the proposed specific improvements shallin 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 amendedautomatically 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 18 TH day of MARCH 2016
ACKNOWLEDGEMENT
STATE OF K
COUNTY OF
FOREGOI CE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OFzolU ,av NAME
OF ACKNOWLE AS (TTTLEIOF NAME OF
coMPANYlwHo ls PE$13,!!yjNQULrO ME, OR HAs PRODUCED
AS IDENTIFICATION.
Notary Public - State of
Name
fueoeAndemx,
;da,
WITNESSES:
Printed Name Printed Name/fitle Fidelrty aM[ Company of Maryland
:|.tr/we-JG;r'.g./"rhsrt (Provide Proper lyEnce of Authority)
Printed Name
Daniel P. Dunioan By:
C}IARIENE ANDERSON
MY COMMISSION I EENB9II
D(IIR!5: Sqttrilc 2f. 1116
(owner/ay i{,,t fr" fro, oo,"tioil)lorr Bros Inc'
t\'.---v-
ACKNOWLEDGEMENT OT SURETY
Statc of Pennsylvania
County of Chester
On this 18 TH day of MARCH,2016, before mc, ARLENE OSTROFF
a Notary Public in and for said Chester County, $tate aforcsaid, residing
therein, duly commissioned and sworn, personally appeared, DANIEL P.
DUNIGAN known to me to be the person r,r'hose name is subscribed to the within
instrument as the Attorney-in-Fact of the FIDELITY AND DEPOSIT COMPANY
OS'MARYLAND, anrl acknorvledged to me thxt he subseribed
the name of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
thercto, as Surety, and his ol?n as Attorney-in-Fact.
IN WITNIISS WHIIRIIOP,I have hcrcunto sct my hand and af'fixrd my
official seal, and year in this ccrtificate first ahove rvrittcn.
Notary Public
My Commission Expircs: 1213116
BY:
Pt UeOSTROFFARTENE
ChedertilKown
Docetnbet
SEAL
ZURICII AI\,TERICAN INSURANCE COMPAI{Y
COLONIAL AMERJCAN CASUALTYAND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWEROFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPAI.IY, a corporation of the State of New
York, the COLONIAL AMEzuCAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELIfi
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (heein collectively called thc "Companies"), by
THOMAS O. MCCLELLAN, Vice Presiden! in pursuance of authority granted by Article V, Section 8, of thc By-Laws of said
Companies, which are set forth on the rcverse side hcreofand are hcreby certified to bc in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint William F. SIMKISS, Daniel P. DUNIGAN, Brian C. BLOCtq Joseph W. KOLOK JR., Richard J.
DECKER and James L. HAHN, all of Paoli, Pennsylvanig EACH irs rue and lawful agent and Attorney-in-Fact, to make, execute, sral
and delivcr, for, and on is be*ralfas surety, and as its act and deed: any and all bonds and undertakings, and rhe crecurion ofsuch 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 exocuted and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COtr,IpaNy ar
its office in New York, New York., the regularly clwted officers of the COLONTAL AMEzuCAN CASUALry AND SUREry COMPANY
at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its o{lice in Owings Mills, Maryland., in their own proper pirsons.
Thc said Vice President does hercby certity that the extract sct forth on the rwersc side hercof is a rnre copy of Article V, Scction 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-Prcsident has hereunto subscribed his/her namcs and affixed the Corporate Seals of thc said
ZURICH AMERICAN INSURANCE COMPAI\IY, COLONTAL AMERICAN CASUALTY AND SUREIY CoMPANY, and
r'IDELITY AND DEPOSIT COMPANY OF MAnYLAND, this lOrh day of May, A.D. 20t2.
ATTEST:
ZURICH AMERICAN INSURANCf, COMPANY
COLONIAL AMERICAI{ CASUAI,TY AND SURATY COMPAT.IY
TIDELITY AIi{D DEPOSIT COMPANY OF MARYLANI}
er {; ). e,-*--tr o %/tU//
Secretary
Eic D. Barnes
Yice President
Thomas O. McClellan
State of Maryland
County of Baltimore
On this loth day of May, A.D. 2012, bcfore the subxriber, a Norary Public of rlre Stare of Maryland, duly commissionut and qualifial, THOMAS O.MCCLELLAN' Vicc Prcsidcnt' end ERIC D. BARNES, S.craery, of the Companics, to me personally known to be thc individuals ard officcrs describcdin and who executcd the prcceding instrumert, and acknowledged the exocutiur of samq ad being by me duty swom, dqoaeth and saith, that hdslre is thes?id officer of thc Company aforesaid. ard that tho scals affixed to rhc prcceding insnrmcnt .o tt " Co.po.ui" Seals of said Companics, and thar the said$tfoot" Seals ard the signature as such officer were duly affixed and suOsiriUeO to the said instrumcnt by thc authority and dirxtion of the saidCorporations.
IN TESTIMONY WHEREOF, I havc.hercunto set my haod and alfixed my O{Ilcial Seal the day arrd ycar first above writtcn.
G^X.**C:-
Conslance A. Dunn, Noury hrblic
My Commission Expires: July l4,2}l9
tcl
POA-F 15S3293A
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