Agenda 10/24/2017 Item #16A 510/24/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Security in the amount
of $92,500 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20160000891) for work associated with Esplanade Golf and Country Club of Naples Dilillo
Parcel.
OBJECTIVE: To release a security that was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division 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 Esplanade Golf and Country
Club of Naples Dilillo Parcel PPL, (PL2016000536). On September 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 $92,500. 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. Performance Security (PDF)
2. Location Map (PDF)
16.A.5
Packet Pg. 391
10/24/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 3785
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance
Security in the amount of $92,500 which was posted as a development guaranty for an Early Work
Authorization (EWA) (PL20160000891) for work associated with Esplanade Golf and Country Club of
Naples Dilillo Parcel.
Meeting Date: 10/24/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
09/21/2017 11:03 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/21/2017 11:03 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/25/2017 12:07 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/26/2017 12:40 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/26/2017 12:55 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/27/2017 7:52 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/27/2017 8:29 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2017 2:17 PM
Growth Management Department James French Deputy Department Head Review Completed 09/28/2017 5:44 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 09/29/2017 3:23 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/06/2017 8:47 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/12/2017 10:40 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/15/2017 12:21 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM
16.A.5
Packet Pg. 392
EARLY WORK PERFORMANCE AGREEMENT
. --{ THIS EARLY WORK PERFORMANCE AGREEMENT entered into th
.,.!ttt1-s--"' , 2016, between Taylor Morrison Esplanade Naples, LLC
to as "Developer," and the Board of county commissioners of collier county,
referred to as the "Board".
is
t*4
t-?day of
hereinafter refened
Florida, hereinafter
WHEREAS, Developer has applied for an early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section 10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20160000891 (the "Early Work Permit").
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 Early Work Regulations and the Early Work
Permit (the "Early Work"),
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of 940,000.00.
ln the event of default by Developer or failure of Developer to complete the Early
work within the time required by the Early work Regulations and Early work
Permit, Collier County, may call upon the early work performance security to insure
satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Wort is reviewed and
approved by the County Manager or designee for compliance with the Early Work
Regulations.
The county Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval of lhe Early work; or b) notify Developer in
writing of his refusal to approve the Early work, therewith specifying those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principal under the early 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
2
3
5
6
4.
16.A.5.a
Packet Pg. 393 Attachment: Performance Security (3785 : Return Bond Dilillo EWA)
7
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.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
]N WTNESS WHEREOF,the Board and Developer have
representatives this ,' ' I
this Aoreement to be
t,.' t L vL -l--- '-
eaused
day ofexecuted by their duly authorized
20_LY_.
SIGNED IN THE PRESENCE OF Taylor Morrison
By:
11 I
Printed Name (*tdau b,ju,u&x&
LLC
Sign
Printed Name Crru.og t{Ewruaeg
ATTEST:
DWIGHT E BROCK, CLERK
Deputy Clerk
to and legality:
Scott A. Stone
Assistant County Attorney
Printed Name/Title:
David Truxton, Authorized Agent
BOARD OF COUT.ITY COMMISSIONERS
OT COLLTTR
By:
6 of
pursuant to Resolution No. 201 5-162
p{,u1 ,*
4t I
16.A.5.a
Packet Pg. 394 Attachment: Performance Security (3785 : Return Bond Dilillo EWA)
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Bond No.: SU1139462
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: rhat
Tflvler Mogison Esolanade NaotSF. LLC (NAME OF OWNER)
551 North Cattlen?en Road. Suite 200 (ADDRESS OF OWNER)
Sarasota- Florida (ADDRESS OF OWNER)
(hereinafter referred to as "Owner")and
Lexon lnsurance (NAME OF SURETY)
1289,0 Lebanon Road ."_". . (ADDRESS OF SURETY)
Mt. Juliet. TN 371 (ADDRESS OF SURETY)
(615) 5s3-9s00 (TELEPHONE NUMBER OF SURETY)
(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 Ninety.Two Thousand Five Hundred and
00/100 Dollars ($92,500.00) in lawful rnoney 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, aJtne
context requires.
THE CONDITION or THIS OBLIGATION is such that whereas, the Owner has submitted for approval
by the Board a certain Early Work Authorization Esplanade Golf and Country Club of Naples -Dilillo Parcel Permit No. PL20160000s91 and that certain Early Work Authoiization 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 issuanie of a
subsequent final development order such as a $ite Development Plan (SDP) or Subdivision plat and
Plans (PPL) (hereinafter the "Guaranty Period") or.urltil repiaced bv a ne),rr_bond rn the event qf achange in OwnglghiQ.
NOW, THEREFORE, if the Owner shall wetl, truly and faithfully perform its obtigations 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 Ownefs 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.
16.A.5.a
Packet Pg. 395 Attachment: Performance Security (3785 : Return Bond Dilillo EWA)
Bond No.: 5U1139462
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and
agrees that no change, extensisn 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 herelo, 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, addrtion or modification of any character
whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 7th day of June, 20'16.
(Owner lrlame and Title if Corporation)
WITNESSES:Taylor nade Naples, LLC
By
Printed Name: CacrPf l{rlwoet Printed Na Tony Squitieri, Vice President
By (Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
AK
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF JUNE, 2016, BY Tony Squitieri AS Vice President OF Taylor Morrison Esplanade
Naples, LLC, , OR HAS PRODUCED
IDENTIFICATION.
Notary Public - State of Florida
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16.A.5.a
Packet Pg. 396 Attachment: Performance Security (3785 : Return Bond Dilillo EWA)
16.A.5.b
Packet Pg. 397 Attachment: Location Map (3785 : Return Bond