Agenda 05/23/2017 Item #16A1305/23/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$915,118.13 which was posted as a guaranty for Excavation Permit Number 60.080 -4,
PL20140000395, for work associated with Isles of Collier Preserve Phase 2.
_____________________________________________________________________________________
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 Isles of Collier Preserve Phase 2, PL20140000395. 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 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 $915,118.13. 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. Performance Bond (pre agreement) (PDF)
16.A.13
Packet Pg. 307
05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 3031
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $915,118.13 which was posted as a guaranty for Excavation Permit Number 60.080 -4,
PL20140000395 for work associated with Isles of Collier Preserve Phase 2.
Meeting Date: 05/23/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
04/07/2017 9:32 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/07/2017 9:32 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 04/07/2017 10:24 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/07/2017 1:22 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/07/2017 3:24 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/13/2017 4:54 PM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 04/07/2017 9:27 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/18/2017 2:52 PM
Growth Management Department James French Additional Reviewer Completed 04/21/2017 4:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2017 2:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/01/2017 9:04 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/10/2017 11:30 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/14/2017 10:11 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
16.A.13
Packet Pg. 308
16.A.13.a
Packet Pg. 309 Attachment: Location Map (3031 : Release Excavation Bond Isles of Collier 2)
o o Bond Number:80107034
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PEBSONS BY THESE PRESENTS: that
MINTO COMMUNITIES
10150 HIGHLAND MANOR DRIVE, SUITE 2OO
TAMPA, FL 33610
(hereinafter referred to as'Owner') and
THE GUAHANTEE COMPANY OF NORTH AMERICA USA
25800 NOBTHWESTERN HIGFIWAY, SUITE 720
souTHFtELD, Ml 48075-84't 0
(hereinafter referred to as 'Surety') are held and firmly bound unto Collier County, Florida, (hereinafter
refened to as 'County') in the total aggregate sum of Nine Hundred Fifteen Thousand One Hundred
Eiohteen and 13/1qg DollaE ($9115;!llgJlS) in laMul money of the Unired Stares, lor the payment of
which sum well and truly to be made, wa bind ourselves, our heirs, execulors, administrators, successors
and assigns, jointly and severally, lirmly by lhes€ presents. Owner and Surety are used for singular or
plural, as the conlelil requiros.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Excavation Permit 60.080-4. PL20140O00395 lsles of Collier Phase 2 and that
certain excavation permit shall include specific improvements which are required by Collier Counly
Ordinances and Besolutions (hereinafter'Land Development Begulalions'). This obligation of the Surety
shall commence on tha date this Bond is executed and shall continue until the date ol completion ol the
work and approval by the County of the specilic improvemenls described in the Land Development
Rsgulations (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 laithlully perform its obligations and duties in
accordance with the Land Development Flegulations during the guaranty period established by the
County, and the Owner shall satisly all claims and demands incurred and shall fully indemnily and save
harmless the County from and against all costs and damages which it may suffer by reason o{ Owner's
lailure 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, othenivise to remain in lull lorce and
effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees lhat
no change, exlension of time, alteration, addition or deletion lo the proposed specilic improvements shall
in any way atlect ils obligation on this Bond, and it does hereby waive notice of any such change,
extension ol time, alleration, addition or deletion to the proposed specitic 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 p€rlormance in accordance with the Land Development Regulalions.
The lerm 'Amendment,' wherever used in this Bond, and whether referring to this Bond, or other
documents shall inelude any alteration, addition or modification ol any character whalsoever.
lN WIINESS WHEREOF, the parties h€reto have caused this PERFORMANCE BOND to be
executed this 23d day of June,2014.
Page 1 of 2
16.A.13.b
Packet Pg. 310 Attachment: Performance Bond (pre agreement) (3031 : Release Excavation Bond Isles of Collier 2)
o o
,rrndoo,*< )1'K{r **/
Prinrtq?Prrla in Cuhott,
WITNESSES:
Print: Shnur,r**v 9im soA
Bond Number:80107034
MINTO COM
By:
Printed Name/Title
(Provide Proper Evidence ofAuthority) ,
ACKNOWLEDGEMENT
FORE OF
WHO IS
ASI
THE GUARANTEE COMPANY OF NORTH AMERICA USA
Maria Signorile, AttOrney-in-fae!
Printed Nameflitle
(Provide Proper Evidence of Authority)
,
,xwz{Hffifu-
Notary - Stat€ ot
Name:na-Ct
WITNESSE5:
sisn(4/f,--.-n{dffi
sisn,uw &A
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTYOF FULTON
THE FOREGOING PEBFORMANCE BOND WAS ACKNOWLEDGED BEFOHE ME THIS E3: DAY OF
JU!e, 2014, BY Maria Sionorile AS Attornev-in-Fact OF THE GUARANTEE COMPANY OF NORTH
AMERICA USA,WHO lS PEBSONALLY KNOWN TO ME, Notary Public - State of GEORGIA
Printed Name: Beth Kitchens-Harmon
l4-Els4265M
Page 2 of 2
UURAI.AFAIJq
MYC,om{SSION r EE 157f i{
EXPIFES: Febury 1 3, 201 6
Eddod tl$ iLary Pril. Unr{k!
OF ACKNOWTEDGER)
(NAME OF COMPANY)OF
16.A.13.b
Packet Pg. 311 Attachment: Performance Bond (pre agreement) (3031 : Release Excavation Bond Isles of Collier 2)
**TARANTEE-
KNO\IV ALL By THESE pRESENTS:'That THE GUARANTEE COHPANY OF NORTH ArtlERlCA USA. a corporation organized and existing under lhe
taws of the State ot Michigan, narrne itr piin.ip"r offi* in S;it fi.ld, lai"nigan, does hereby consiitute and aPpoint
Maria Signonle, Wesley P' Williarns
Aon Rbk S€ryi6 South' lnc'
its true and lawful attomey(slin-fact to executo, seal and dalivar for aM on its behaf as surety, any and all bonds and undertakings, mntracls ol
indsmnity and olhBr writings ottigatory in the nature thereof, which aro or may be allou€d, Equired or pemitled by law, statule, rule, regulation' contrad
or otheili$.
Tha execution of such instrument(s) in pursuance ofthese PrasonB, shall b€ as binding upon THE GUARANTEE COi'|PAI'lY OF NORTH AHERICA
USA as fully and ampty, o arr rnoris
"'no
pu-rpo"o, ss it ilie sam tlad b8en duly exeiutad and acknow'ledgod by its regulady alecled offic'ts 8t tha
prircipalofnce.
The Poyrrr ot Attomsy is exsqrtgd end may be ertitied so, and maj be revoked, prrs-ta.{ !o.94 by authority of Artjcle lX, seclion 9'o3 of the By'LaB
adoptcd by th6 Berd of oircaors o'irxe riulalxree couplxi or xoRru iruenlCA usA ai a reting held on the 31" dav of o.cemb€r' 2003 -
The'prasident, or any Vico prcaidc;i, ;aing wiih any Secretary or Assistant Sosetary, shall have Poi'er and authority:
1. To appoint Attorrcy(s)-in-fac1. end to authorize them to execute on beha[ ol the Company, and attach the Saal of the company thersto,
bond! and u6crtaiinds, ontrac1" of ind6mntty and other wrilings obtlgatory in the nature thereot and
2. To revoke, at anytime, any such Attomey-inJia ard lovoke the authority giv.8, excePt as.providad below
3. tn connedion with obligati6ns in favor ol fre FloriJa Department of Traniportation oniy, it is.sgteed that the power and authority heteby given
to th. Attomey-in f"a iia'ro* l"i "J "fl
**"nt" t"r the Elease ;f retained percantages and/or tinal estimates on engineering and
construdion contracts cquircd Uy tirc State ot Floride Department of Transportalion. lt is fully undcrstood that consenting.to the State of
Florida oepartment of f.r-n.port"to" ."ilng pryr".nt of the final astimate to the Contractor and/ot its assignea, shall not ralieve this surety
company of any ot ib obllgations under its bond-
l. tn dnniaion *it ourig"ti"on" ln r"voiof the Kenlucky Department of High*ays only, it is agreed that the power 8nd authoritytercby given to
the Attomey-in-Fact cannot Ue modified or revoked unlesi prior written peronal nolice of suci intent hai been given to lhe Commissioner -
Departmeni of Hbnways oith. Commonwtsatth of Kentucky at least thirty (30) days pdor lo tha modifi€tion or revocation.
Furth6r, this pw.r ol Attorney is signed and sealcd by facsimil€ pursuant lO resohtion of the Bosrd of Direclors of the Company adopted al a meetlng
duly calted and hold on lhc 6th day of Oecomber 201 1, of which the following is a true excerpt:
RESOLVED that lhs signature of eny authorizad ofncer and the seal of the Company may ba affxedby facsimile to any Pou€r of Attornoy or certificatitr
theraof suthorlzing thelxocution
"rio
aliuury ot.ry bond, underlaking. ontradsbl indemnity and other writings obligatory in the naturs thersot, and
such signature ani seal whan so used shall hive thi same force anC effecl as though manuElly aftxed'
IN WITNESS WHEREOF. THE GUARANTEE COMPANY OF NORTH AMERICA USA hAS €USEd th|s iNStruMENt IO bE SIgNEd ANd
its corporats sal to be aftxsd by itt authoriz6d ofiicer' this 23rd day ot Febilery'2412'
THE GUARANTEE COMPANY OF NORTH AIiERICA USA
O.
rhe Guarante e compaqy r, *:*rtff:i,::.yJ.t
POWER OF AfiORNEY
STATE OF trlllCHlGAN Stephen C. Ruschak, Sr. Vico Prc3ldent" COO
County of Oakland
On this 23rd day of February, 2012 befroB me came tha indiviJuals who executed the pr$ding instrument, to m peGonally knwn, and being by me
duty swom, said'that each is th3 herein describad and authorized ofiicer of The Guatantee Company of North Arnerie USA; that the seal 8ftxed to said
insirument ls the Corporate Seat of said Company; that the Corporate Seal and each silJnature rere duly affixEd by order of the Board of DirectoB ol
CYnthia A. Tdkai
I'lotaty Publb, Stale ol Michigan
County afOdKdN
W commission Expiras Fabruqry 27,2018
Acting in Oaua'l.d County
Randall iiusSelman, Socretary
lN WTTNESS WHEREOF, I have hereunto set my hand at The GuaEntee
Company of North A.ngrica USA otrrcss the day and year above writtan.
C1I.A-L O. fa-L;
tu +
Randall m6selman, S€cr3tary
@ e$-* zgw
ffi
@
.t.
16.A.13.b
Packet Pg. 312 Attachment: Performance Bond (pre agreement) (3031 : Release Excavation Bond Isles of Collier 2)
a
JOTNT UNANIMOUS WRITTf,'N CONSENT OT THE II1ANAGERS OF
MINTO COMMUNI'TIES' LLC'
MTNTO ARTESIA, LLC,
MINTO TOWNPARK, LLC,
HOMEBUYEKS' FINANCIAI4 LIT'
MINTO FLORII'A HOLDINCS, LLC
MINTO TITLB, LLC,
MINTO TLORIDA Df,VTLOPMENIS' LI,C,
MINTO LAS OLAS, LI,C,
MINTO MANAGf,MENT SERVTCES, LLC,
MINTO KENNEDY GROVf,S. I,LC,
MINTO HENRY SQUARE, LLC'
MINTO HENRY SQUARE ITOLDINGS' LLC'
MINTO VILLA$BY.T}IE€EA, LtC'
MINTO BRADENTON. LIT'
MINTO MARINA, LLC,
MTNTO MONTERRA, LLC AND
MINTO SABAL BAV. LI,c
Tbe undersigned, constitutinS oll the managcrs (the "Managcn") of MINTO COIV{MIINITIES' LLC' a
Florida limited liability company, MINTO ARTESIA, LLC, a Florida limited liability company, MINTO
TOWNPARK, Lt,C. ; Fbrids iirnircd tiaUitity company, HOMEBLJYERS' FINANCIAL, LLC, a Florida
limited liability company, MIN'IO FLORIDA HOLDINGS, LLC, a Fforida limited liability company, MINTO
TITLE, LLC, a rb;aa fimitea liability company, MINT0 ITLOzuDA DEVELOPMENTS, LLC, a Florida
limitcd liability company, MrNTo iAS Ot-ls, t-1"c, a Florida limiled liability company, MINTo
MANAGEMENT SERVrcES, LLC, a Florida limitcd liability company, MINTO KENNEDY GROVES'
LLC, a Florida limited liability company, MINTO TIENRY SQUARE, LLC, a Florida limited liabilitv
company, MINTO ttENRY SQUARE IIOLDINOS, LLC, a Florida limited lisbility company, MINTO
VLLAS:BY-THE-SEA, LLC, a Ftorida limited lisbility company, MINTO BRADENTON, LLC, a Florida
limitcd liability company, MINTo MARINA, LLC, a Florida limited liability company, MINTo
MONTERRA, LlC,
"-Rlorid"
limired liability oompany, and MINTO SABAI BAY, LLC, a Florida limited
liability company (each, a "egmparyl and hereinaffer, collcctivcly, o" "cql+!el")' do hcrcby consent to
ttre foilowini resoiutions as of Iunc 26,2011, and direcr that lhis action bc filcd wilh thc rccords of each
respcclivc compsny.
RESOLVED, that Lilliarn Costcllo ('Costcllo") be and hereby is appointcd to the ofticc of Vice
president of each of the Companies, to scrvc in such capacity until her successor has bccn duly clcctcd urd
qualificd or until her earlicr resignation, rcmoval or death;
RESOLVED, that costello, as vicc President of cach of the companies, be, and hereby is,
auttrorizc4 cmpowcrcd and dircctcd b cntcr into. cxcculc and dcliver, on bchalfofcach ofthe Companics,
such agreements, instrumcnts and other documents as Costello deems rrcessary to conduct and transact the
odinaf business of the Companies of developing and improving rcal pmperly for the sde of single family
and/or multifamily rcsidential units, including without limitation, purchasc and sale agreements, dscments,
mortgages, decds, rclcases md satisfaaions;
RESOLVED, that any and all sstions takcn to datc by Costcllo on bshalf of the Companics as an
officer ofthe Companies are hercby ratificd and approvcd; and
RESOLVED, thal this Joint Unanimous Written Conseot may bc executed in oounterparts, each of
which when so cxccutcd shall be deemcd an original, but all of which such countorpsrts shall togaher
oonstitute but on€ and thc same in$rumcnt.
o
{26618081:l I
16.A.13.b
Packet Pg. 313 Attachment: Performance Bond (pre agreement) (3031 : Release Excavation Bond Isles of Collier 2)