Agenda 09/08/2015 Item #16A 49/8/2015 16.A.4.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$795,600 which was posted as a guaranty for Excavation Permit Number 59.375 -4, PL20130002036
for work associated with Oyster Harbor at Fiddler's Creek, Phase 1.
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 Oyster
Harbor at Fiddler's Creek, Phase 1, PL20130002036. The As -Built lake cross sections have been
received and the lakes have been inspected by the Natural Resources and Engineering Division.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires a majority vote for Board approval. - SAS
RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of
Courts to release the Performance Bond in the amount of $795,600.00. Natural Resources and
Engineering 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: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources
Division, Growth Management Department
Attachments: 1) Location Map and 2) Copy of Performance Bond
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $795,600 which was posted as a guaranty for Excavation
Permit Number 59.375 -4, PL20130002036 for work associated with Oyster Harbor at Fiddler's
Creek, Phase 1.
Meeting Date: 9/8/2015
Prepared By
Name: AlvarezMelissa
Title: Operations Coordinator, Growth Management Department
7/28/2015 11:18:25 AM
Submitted by
Title: Operations Coordinator, Growth Management Department
Name: AlvarezMelissa
7/28/2015 11:18:26 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/28/2015 4:10:10 PM
Name: McKennaJack
Title: Manager - Engineering Review Services, Growth Management Department
Date: 8/5/2015 3:29:04 PM
Name: WilkisonDavid
Date: 8/5/2015 4:39:16 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use/Transportation
Date: 8/7/2015 3:02:24 PM
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Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/10/2015 3:14:42 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 8/11/2015 9:09:00 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:02:25 PM
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Bond No. SU1128373
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
FC Oyster Harbor, LLC
551 North Cattlemen Road Suite 200
Sarasota, Florida 34232
(hereinafter referred to as "Owner") and
Arch Insurance Comaanv
1125 Sanctuary Pkwy., Ste. 200
Alpharetta, GA 30009
(404) 682 -3899
(NAME OF OWNER)
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY)
(TELEPHONE NUMBER OF SURETY)
(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 Seven Hundred Ninety Five
Thousand Six Hundred and 00/100 Dollars ($795,600.00) 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. PL 20130002036 Oyster Harbor at Fiddler's
Creek Phase 1 (PL 20130002036) 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 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.
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9/8/2015 16.A.4.
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 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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 21 t day of July, 2014.
SES:
!Printed Name ' .
��lNS
By:
Printed Name
STATE OF FLORIDA
COUNTY OF SARASOTA
(Owner Nam n itjjle if
FC Oyster H 11LC
By. ` r
PrinteWNe/Title: Johr
as Pre of TM Oyst
limited liability company,
Kempton,
Harbor, LLC, a Florida
a: Authorized Signatory
(Provide Proper Evidence of Authority)
Member's Written Consent of FC Oyster Harbor,
LLC, dated July 21, 2014 attached
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 21St DAY
OF July, 2014, BY John S. Kempton AS AUTHORIZED SIGNATORY OF FC Oyster Harbor, LLC
PURSUANT TO MEMBER'S WRITTEN CONSENT DATED JULY 21, 2014,tWH0 IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of Florida
k, I —,, f C. �� 1, � / Z-1 � � - -4 �
Printed Name
DEBORAH K. BECKETT
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(SEAL)
DEBORAH K BECKETT
MY COMMISSION #EE121571
EXPIRES: AUG 14, 2015
6ala�fa�n nom' Nou�r4 nQ
9/8/2015 16.A.4.
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Hillsborough
C/O WILLIS OF FLORIDA
4211 W. BOY SCOUT BLVD, #1004
TAMPA, FL 33607
INQUIRIES: (813)281-2095
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 81' DAY
OF July, 2014, BY Anett Cardinale AS Attorney -in -fact OF Arch Insurance Company, WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED personally known AS IDENTIFICATION.
Notary Public- State of Florida (SEAL)
lr✓i (t +t fL( rat d(~ - :e:u�Ut., M.AR14 LABARNOLA
Pr ted Name — Marianella Barnola -� t `�'r Commission # EE 170165
�Im P- Expires May 5, 2016
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(Surety Name and Title if Corporatio
WITNESSES:
Arch Insurance Company$
By: Aj
By: V
°5 ".
Attome -in -Fact & FL Licensed Resident Agent
Printed Name: Gloria Robb
1 Printed Name/Title: Anett Cardinalett
i
(Provide Proper Evidence of Authority)
By:
{
Printed Name:
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Hillsborough
C/O WILLIS OF FLORIDA
4211 W. BOY SCOUT BLVD, #1004
TAMPA, FL 33607
INQUIRIES: (813)281-2095
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 81' DAY
OF July, 2014, BY Anett Cardinale AS Attorney -in -fact OF Arch Insurance Company, WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED personally known AS IDENTIFICATION.
Notary Public- State of Florida (SEAL)
lr✓i (t +t fL( rat d(~ - :e:u�Ut., M.AR14 LABARNOLA
Pr ted Name — Marianella Barnola -� t `�'r Commission # EE 170165
�Im P- Expires May 5, 2016
�' ° °:�f; °`� F�^ded Thr,Trq fUntnaursnce 50'17 °s7Gt^
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POWER OF ATTORNEY _
That the.Areh Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal
adrrhrU`sti4b"i`,* iii ` Jers0 City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint:
Arnett CarfYrnale,';David H. Carr, .D e +d a ar lFee . Heard and Margaret A ' Ginem,Of Tampa, FIL (EACf
OOML001 .3 MM 03
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RESOLED that as of the date indicated below, John S. KMpton, who is the president
of TM Oyster Harbor, LLC, a Florida Iimited .liability company and Division President of �
Jest Florida Division of Taylor l�rlorrison of Fk ida, Inc., is hey approved to execute the
fallowing iderrtified documentation. on beef of the CompaIrr
The Performance Bond for Excavation Rork (Bond No. SU1129373) and the certain
excavation knit No. PL20130002036 for Oyster Harbor at Fiddler's Creek Phase I
(P"L2Q32f136), including the specific irnprovernes required by Collier as firther
provided theresirz
BE IT FURT —MR RESOLVED that this Written Consent may be signed in two (2) or
more counterparts and a facsimile signature hereon: or such received by either email delivery of a
.pdf format date file shall be given the same legal force and effect as an original signature.
IN WITNESS WHEREOF, the undersigned has given his consent to the foregoing
resolutions as of the 2I' day of July, 2014 (the "Effective Date").
T
a
FCC PRESERVE, LLC,
a Florida limited liability company
By: �-t&
Anthony DiN do, Mice President and CFO
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