Agenda 05/09/2017 Item #16A 705/09/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$14,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20160001205) for work associated with Isles of Collier Preserve Phase 9.
_____________________________________________________________________________________
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 his commitments with respect to this security. The performance security was posted as
security for clearing and site filling associated with an Early Work Authorization for Isles of Collier
Preserve Phase 9 PPL, (PL20160001197). On December 13, 2016, the construction plans and plat were
approved by the Board of County Commissioners. 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 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 $14,000. Development Review 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. Performance Agreement and Bond (PDF)
16.A.7
Packet Pg. 529
05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 2981
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $14,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20160001205) for work associated with Isles of Collier Preserve Phase 9.
Meeting Date: 05/09/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
03/29/2017 2:58 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/29/2017 2:58 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/29/2017 4:00 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/30/2017 2:55 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/06/2017 8:26 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/07/2017 11:00 AM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 03/29/2017 2:57 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/07/2017 4:05 PM
Growth Management Department James French Additional Reviewer Completed 04/09/2017 12:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2017 5:02 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/27/2017 1:53 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:02 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
16.A.7
Packet Pg. 530
16.A.7.a
Packet Pg. 531 Attachment: Location Map (2981 : Bond release Isles of Collier 9 EWA)
EARLY WORK PERFORMANCE AGREEMENT
THI$ EARLY WCIRK PERFORMANCE AGREEMENT entered into thas 3.] o"y ot*tlovq,.-.b*r , 20L0, betureen Minto Cq"mmqfrj$qs. Lt-rS hereinafier refened ta as "Oe,refiper,"
and the Board of Cannty Corrt*tissioners af Collier Caunty, Fbrlda, hereinder rdened to as the
"Boarf.
WHEREAS, Developer has applied for an early wort authorization in accordance with the
Colliar County Land Oevelopment eode including but not limited to Seclion 10.01.02.8
(collectively, the .Early Work Regulations"); and
WHEREAS, the Early Wotk Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Author*zatiex Perarlt No. PL20160001205 {the'Ea*y Work Permiti}.
NOW, THfiREFORE, in consideration sf the f*rego{ng prcmises and rlutual covenants
hereinafier set forth. Dev&per and the Board do hereby co,uenant and agree as folhws:
Dewbper ryrces to comp*y with the Ecrty Wert Regul*$o,ns and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhiblt "A" and by reference made a part hereof) in the arnount of S14.0S0.00.
ln tha event of default by Daveloper or failure of Developer to ccmplete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon th* early rrork performance security to insure
sdtsfaciory cornffiion of tfle Early Wort.
4.The Early Work shall not be mflsidered compbte until Developer notifre* the
County that the Early Work is cornpete and the ftnal Early Work is revienrved and
approved by the County Manager or de*ignee for c*mpliance with the Early Work
Regulations.
The County Manager or designee shall, within sixty (S0) days of receipt of
notification by Developer in writing that the Early Work is complete. either: a) notify
Oeveloper in writing sf his approval of the Early Work; or b) natify Oeveloper in
writing of his refusal to approve the Early Work, therewith specifying those
conditions whhh Developo mu$ fulfill in order lo ob{ain the Courdy Managels
appwal of the Early Work.
ln the ewnt Dewloper sha{ fail or neglec* to fulfill its ot{igatbns under ihis
Agreernent, upen certi$catbn of such failure, the County Manager or de*lgnee
may call upon the early perfbrman* secrurity to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
conetruc* and maintain, or eause to be qonetructed or mainlained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Oeveloper, as principal under the early pedarmance oecur*y, shall be liable to pay
and to indemnify the Board, upon completion of such construction, the finaltotal
co*t to the Bqard thereof, including, but nst limited to, engineering, legal and
1
2.
3.
5.
6
16.A.7.b
Packet Pg. 532 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA)
cantinger* ffits, toge{fierwith any dsmages, either direct or cons€qusntial, which
the Board may *u$ain on account of the failure of Developer to fulfill all of the
provis*nns d this Agrcement.
7. ANI of the termg, mlenants and mnditions herein conteinod ara and shall be
t*nding upo*t Doreloper and the rcsp€ctive su@ssors and ase(;ns d Deyeloper.
lN WITNESS k1/!-IEREOF, the Board and Developer have caused this Aoreement to be
exeeuted by their duly authorized representatives this ,-' .1 ,- ) day of No,J^.,b. . ,2o-Jlo-*.
SIGNED IN THE PRESENCE OF:Minlo Communities, LLC
l-|$|{'il-lrrWL(-
Printed Narne
William L, Bullock, Vice President
(Provide Proper Evidence of Authority)
BOARD OF COLNTY COMMISSIONERS
OF COI-LIIIR
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
and legality:
Sstt A" Sto*e
Assistant ComryAtorney
FLORIDA
/-*
as dcsignee of the Courny Manager
pursrant to Resohrtion No. 2015-162
ti'///
16.A.7.b
Packet Pg. 533 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA)
lXilrOrr ,4
Bond No. 80130966
PERTORMANCE 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 "Owne/') and
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfield, Ml 48076
(?38)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 Foqrteen Thouaand and 001100 Dollars
($14.000.00) 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, PL20,150001205 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 cosls and damages which it may sutfer by reason of Owner's
failure to do so, and shall reimburse and repay the County alloutlay 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 formaland 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 otherdocuments shall include any alteration, addition or modification of any characterLhatsoever,
lN WITNESS WHEREOF, the pa(ies hereto have caused this PERFORMANCE BOND to beexecuted this 31sr day of Auqust, 2016.
16.A.7.b
Packet Pg. 534 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA)
WITNESSES Minto Communities, LLC
it*tr,4*, t.*";
Pri nted rual"oi't hat"'i*ry
Printed name {46a ltb,n eA
SH,'^ir?t*##&A
AS
ksds#
Printed Name/Title
(Frovide Proper Evidence of Authority)
ACKNOWLEDGEMENT
OR NGP RFORMANCE BOND WAS ACK EFORE ETH
BY (NAME OF ACKNOWLEDGER)
or {NAME 0r co MPANY) Minto Communities. LLC IS
PERSONAL TO OR HAS PRODUCED AS IDENTIFICATION
Notary Publrc - State of
a.r/lL-tJ(, r
WITNESSES:The Guarantee Company of North America USA
TLE
Llulos
OF
(SEAL)
P
*fr-, d^''*.tt*4prilieo r$rne-7.,A., Jacquel n
Printed Narne, Matthew baz
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF M.!€mLQadq
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME TH|S 1l:: DAy OF
S$r 2019' BY @ AS Attorney in Faqt oF The Guara.nte-e ei--mpanv of@ wHo ts pERSoNALLy (m\,ffi:U ME, OR HAS pROmiG-TE
IDENTIFICATION
Notary Public - State of Ftorida
Printed Na
I l-[rl\-1):hi{),1
cl?pdette Algxan*I Hunt, Attofl"lEy-in;F{q . ,.r..
(Provide Proper €vidence of Authorityi '," ' .-:r*a '
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EXPIRES: FeUuary lX 202t
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Camile M Cruz
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M Cruz
(sEAL)
16.A.7.b
Packet Pg. 535 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA)