Agenda 01/23/2018 Item #16A 801/23/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$71,020 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170002278) for work associated with Marquesa Isles of Naples.
OBJECTIVE: To release a security which 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. 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 Marquesa Isles of Naples PPL
(PL20160002811). On September 26, 2017, 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 $71,020. 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: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Bond (PDF)
16.A.8
Packet Pg. 258
01/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 4381
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $71,020 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20170002278) for work associated with Marquesa Isles of Naples.
Meeting Date: 01/23/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/14/2017 1:26 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/14/2017 1:26 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/15/2017 8:33 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/19/2017 4:25 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/20/2017 11:29 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/21/2017 7:42 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/21/2017 2:58 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2017 1:46 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/29/2017 11:43 AM
Growth Management Department James French Deputy Department Head Review Completed 01/02/2018 11:15 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/05/2018 8:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/05/2018 9:24 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2018 1:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:28 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:54 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM
16.A.8
Packet Pg. 259
16.A.8.a
Packet Pg. 260 Attachment: Location Map (4381 : Bond Release - Marquesa Isles of Naples EWA)
EARLY WORK PERFORMANCE AGREEMENT
ORK PERFORMANCE AGREEMENT entered into this day
between Countv Barn lnvestors, LLC hereinafter referred to as
9-THIS EARLY W
of 4.'r,*'t , 2017
"O6veioper," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
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. PL2O1700O2278 (the "Early Work Permit").
Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
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 Work 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 the 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
2
3
4
5
6
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.B
(collectively, the "Early Work Regulations"); and
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:
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$$z!,!2q.as
16.A.8.b
Packet Pg. 261 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)
total cost to the Board thereof, including, but not limited 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 provisrons 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.
lN WITNESS WHEREOF, the Board and Develo r have caused this Ag
executed by their duly authorized representatives this 3r day of 4trl*tl l,
(Name of tv)
Cou lnvestors LL
Printed Name
7
reement to be
2017
sisn: { ug- fu k t^-d,t-r-)
Ea}^o landors
Sign:
l-iai:,,irn I ilt"llixr
By
Printed Name
ATTEST
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Ap to form and legality
James R. Schier, Manager
County Barn lnvestors, LLC
BOARD OF COLTNTY M M ISSI ERS
OF COLLIER COLNTY,ORID
By
o
pursuant to Resolution No. 2015-162
a
Scott A. Stone
Assrstant County Attorney
SIGNED IN THE PRESENCE OF:
16.A.8.b
Packet Pg. 262 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BYTHESE PRESENTS: that Bond No. C598267 62
County Barn Investors, LLC
5800 Lakewood Ranch Blvd
Sarasota, FL 34240
(hereinafter referredto as "Owner") and
Great American Insurance Company
301 E Fourth Street
Cincinnati, OH 45202
(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 Seventy-one Thousand Twenty
and 00/100 Dollars (571,020.00) in lawfir I money ofthe 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 issuch that whereas, the Owner has submitted for approval
by the Board a certain Early Work Authorization Permit No. PL20171(J02278 and that certain Early
Work Authorization shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obllation ofthe Surety
shall commence on the date this Bond h 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 bsuance of a subsequent final development order such as an Site Development
Plan (SOP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period") or untilreplaced by
a new bond in the event ofa change inOwnership.
NOW, TIIEREFORE, ifthe Owner shall well, truly and faithfully perform ls 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 indemni[ and save
harmless the County from and against allcosts and damages which it may suffer by reason ofOwner's
failure to do so, and shall reimburse and repay the County allouthy and expense which the County may
incur h making good any default, then this obligation shall be void, otherwise to remain in full force
and effect.
PROVIDED, FURTI{ER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension oftimq 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 oftime, alteration, addition or deletion to the proposed specific inprovements.
PROVIDED FURTI{ER, 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
EXPERITN(E IhC POWTR Of PARTNERSHIP
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Packet Pg. 263 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)
Development Regulations. The term "Amendment ", wherever used in this Bond, and whether
referringto this Bond, or other documents shall includeany alteration, additionormodification
ofany characterwhatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this l9'h day of / 2017 /
(Owner Name and Title if Corporation) County Bam Investors, LLCWitnesses:
By:
ames R.Schier, Manager
Print Na
By:
Pri AIJlC
Heather Leivas
Print Name
Print Name
Dorcas Rivera
By
in-Fact andeY'
Agent
By:
Marv Martha
Florida Lice
Acknowledgement
STATE OF flondcc
ATION.
ic-stateof nofflc(
COUNTY OF'
THE FOR
DAY OF
MANAGER
IDENTIFIC
Notary Publ
LLY KNOW TO M OR IIAS PRODUCED AS
(Seal)
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Printed N
s
I/0RYCnomor
MY CoitMISSt0t , FF 1&543
EXPIFES: Dec6mber t(), Z!.t8
8ond.t ThrJ li.lzy pr0& Und.Miba
tXPtRIENCE lhe POWtR ol PARTNERSHIP
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WAS ACKNOWLEGED BEFORE ME THIS 1
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(Surety) Great American Insurance Company
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16.A.8.b
Packet Pg. 264 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)
ACKNOWLEDGEMENT OF SURETY
State of FI.ORIDA
Counlv of HILLSBOROUGH
On this l9th day of IULY, 2011, before ne,LINDA BARNETT a Notary Public in and for
said Hillsborough County, State aforesaid, residing therein, duly commissioned and sworn.
personally appeared, Mar], Martha Langley known to me to be the person whose name is subscribed
to the within instrument as the Attomey -in-Fact of the GREAT AMERICAN INSURANCE
COMPANY and acknowledged to me that he subscribed the name ofthe GREAT AMEzuCAN
INSURANCE COMPANY thereto , as Surety, and his/herown as Attomey-in-Fact-
IN WITNESS WHEREOF, I have hereunto setmy band and affixed my official seal, and year in this
certificate first above written.
(Seal)
By:
My Commission Expires: E42L+ ?, /f 2a/y'//
Comnrrssron f FF 199663
My Conrmrss,on t xoir es
I.IN D A BARNET'
lebruofv l5 , 2019
EXPERIENCT the POWER of PARINERSHIP
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16.A.8.b
Packet Pg. 265 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)
GREAT AMERICAN INSURANCE COMPANY@
Adminisrrative office: 3o't E4THSTREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The nunrbcr ofpersons authorized by
this poucr ofattomey is not more than FOUR
No. 0 20517
PO\YIR O} ATTORNEY
KNo\Y ALL Nl UN BY THf,SE PRESENTS: lllat thc GREAT AN4IIRICAN INSURANCE COMPAN Y a corporation organized and exisling under
and by virtue ofthe laws oflhe Slatc ofOhio. does hereby nominate, constitute and appoint the pcrson or persons namcd belo\a', each irdividually if more than
one is namcd. irs true and la*ful attomey-in-fact, for it aod in its name, place and slead to executc on behalfofthe said Company, as surcty, any and all bonds,
undertakings and contracts ofsurelyship, or other written obligations in the nature thereof; providcd that the liability ofthe said Company on any such bond,
undertaking or contact ofsurctlship e\ecuted under tris authoriq shall not c)icecd the limit stated beloii:
FREDERIC M, ARCHERD. JR
TANYA L, RUSSO
RICHARO P, RUSSO, JR,
MARY I.IARTHA LANGLEY
Namc Address
ALL OF
TAMPA, FLORIDA
l-imil ofPo$er
ALL
$100,000,000
3__(Oa*t0 /kL
'l his Power ofAttomey revokes all prcvious po\ €rs issued on bchalfofthe attomcy(s)-in-fact named abovc.
IN WITNESS Wl lllREOF thc CRIIAT n MERICAN INSURANCE ( OMPANY has ca sed theseprcscnts to be signed and attestedby its apprcpriate
omcers and i1s corporalc scal hereunto afnxed this 14TH day of OCTOBER 2015
AItest GREAI.N MIRICAN INSIJRANCE COMPANY
c
lrtt\t,'dl S. tot Li.. l'tuskL,t
STATE OF OIIIO, COUNTY OF HAMILTON - ss: DAUD c KrcHrN {877-377'2405)
On rhis 14TH day of ocToBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me
known, bcing duly swom, d€poses and says thal he resides in Cincinnati, Ohio, that he is a Divisional Senior Vicc President ofthe Bond Division ofcreat
American Insurance Company, the Company described in and which execulcd the above inslrument; that he knows the seal ofthe said Company; that the seal
amxed to lhe said instrunrent is such corporate seal; that it Nas so afixed by authority ofhis oflice under the By-Laws ofsaid Company, and that he signed his
name therclo by like authority.
SlmA.l(dud
tlfrrhilcSad0t
fyhrtrrEgin6lttUO /^-.**Adu*
This Power ofAttomcy is granted by autho ty ofthe following resolutions adopted by the Board ofDirector ofcreatAmerican Insurance Company
by unanimous written consent dated June 9,2008.
RESOLI/ED: That rhe Divisional President. lhe sewral Dil,isional Senior l/ice Presidenls. Diristonal t'ice Preside lsand Di\'isonal Assislanl l'ice
Presidents,oran),oneofrhen,beandherebtisaulhorized,frottinetolime.toappointoneor,oreAllorne|s-in-Factloexecureonbeha{oftheConpary,
as sure\', anyandall bonds, undertakings and co lracls o.fsnrellship, or other rril le n obligations inlhe alure thercof: toprescribe their respeclive dutiesand
the respective limils of thei aulhori0; and lo rcwke an! such appointment al anl linte.
RESOLVED I. URTIIER: That the Conpary seal o,td the siglatute of anJ of the alorcsad ofrcers ahd on!- Secretaty or Assistant Secretary ol the
Conpary nal be afued bt hcsinile 10 ary poxer oJattornev or cert$cate ofetther g,)enlor the exec tion ofary bond, undertdking, coniact ofsure\,ship,
or other yriuen obligation ik the nature thereol, such signature and seal $hen so used being hereb,adopted by the Conpan! as the o ginal signature ofsuch
ofrcer attd he otighal seal o[theCo qatry, to be wlid and bt dtnqupon the Comp ),viththe saDp.force arul el/ect as though manually afaed-
CERTIFICATION
l. S IEPHEN C. IIERAHA, Assistant Secretan ofCreat American lnsurance Company, do hereb) cerliry' that the foregoing Po$er ofAttorney and
the Resolutions ofthe Board of Directors ofJunc 9. 2008 have not been revoked and are norv in full force and eflect.
Silncd rnd sealcd !his L1!- a"v"r Jq[1 .tol1
4cc,
A:snad Sttatdry
3_
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16.A.8.b
Packet Pg. 266 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)