Agenda 03/13/2018 Item #16A 203/13/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$61,880 which was posted as a guaranty for Excavation Permit Number PL20150000182,
(Excavation Permit No. 60.123) for work associated with Tuscany Pointe Phase Two.
_____________________________________________________________________________________
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 Tuscany Pointe Phase Two, PL20150000182. The As -Built lake cross
sections have been received and the lakes have been inspected by the Development Review Division.
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 $61,880. Development Review 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 Security (PDF)
16.A.2
Packet Pg. 261
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 4655
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $61,880 which was posted as a guaranty for Excavation Permit Number
PL20150000182, (Excavation Permit No. 60.123) for work associated with Tuscany Pointe Phase Two
Meeting Date: 03/13/2018
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
01/24/2018 5:04 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/24/2018 5:04 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/25/2018 4:35 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/26/2018 8:24 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/29/2018 1:22 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/09/2018 4:19 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/12/2018 8:32 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/12/2018 12:11 PM
Growth Management Department James French Deputy Department Head Review Completed 02/19/2018 2:29 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/20/2018 4:10 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2018 5:08 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/21/2018 9:56 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 11:28 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 3:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
16.A.2
Packet Pg. 262
16.A.2.a
Packet Pg. 263 Attachment: Location Map (4655 : Tuscany
EXCAVATION PERFORMANCE AGREEMENT
r THIS EXCAVATION PERFORMANCE AGREEMENT entered into thrs Lday of
A, ?-.1 ,20{-lo between nR i{,,rf"^ffriereinafter referred to as "Devetper." and the
Boa/d of County Commissioners of Collier'County, Florida, hereinafter referred to as the
"Board".
WHEREAS, Developer has applied for an exeavation permit in accordance with Section
22-146. et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 305.10 (collectively, the "Excavation
Regulations"), and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the f;xcavation Regulations and Excavation Permit No.
-
(the "ExcavationPerrnti") zo rESooo r 6e
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 agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amounl of
$ bt, 88A
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County. may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the county Manager or designee for compliance
with the Excavation Regulations
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in wrrting that the Excavatron Work is complete, either.
a) notify Developer in writing of his approval of the Excavation Work. or b) notify
the Developer rn writing of his refusal to approve the Excavation Work. therewith
specifying those condrtions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its oblig*tions under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion. repair and maintenance of the Excavation 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 aeceptance of bids,
1
2
3
4
5
6
16.A.2.b
Packet Pg. 264 Attachment: Performance Security (4655 : Tuscany Point 2 Excavation Bond)
the Excavation work. The Developer, as principal under the excavation
performance securily, shall be liable to pay and to rndemnify the Board. upon
completton of such construction, the final total cost to the Board thereof.
including, but not limited to, engineering, legal and contingent costs, together
with any darnages, either direct or consequential, which the Board may sustain
on account of the failure of Developer to fulfill all of the provisisns of this
Agreement.
7. All of the terms, covenanls 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 Developer have caused this Agreement to be
executed by their duly authorized representatives this Zlfl+ day of ,&*a,^^.1- 20lLJ
SIGNED IN THE PRESENCE OF
Sign:(Name of
Printed J.LJoy^* Yu*tl Dt*1 e*',J.^.l-
Sign:
Printed Name /-t F. 1Vl6o*<-
ATTEST
DWIGHT E BROCK. CLERK
Deputy Clerk
AS form and legality:
A. Stone
Printed
(President, VP, or C
Provide Proper Evidence of Authority)
T}OARD OT COUN Y COMMISSIONTRS
Ol' COl.l.ll:8 ('OL;N I'Yll l.l-ORIDA\[r)1: - Lgf:--U
.-t & tilr d*,.U !S Allpgfr{
as de,signee of rhc Counrl. Manager
pursuant to Resolution ltJo. l0 l5-l6l
':,
-.1 -
Er\\r-vi
Assistant County Attorney
16.A.2.b
Packet Pg. 265 Attachment: Performance Security (4655 : Tuscany Point 2 Excavation Bond)
BOND No.4810885
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
D"R. Horton, Inc,
10541 Ben c. Pratu six Mile cypress pkwy., ste. 100, Fort Myers, FL 33966
(hereinafter referred to as "Owne/')and
Developers Surety and lndemnity Company
100 Second Ave. South, Ste.704 South, St. Petersburg, FL 33701 * l7l7lBg4-1SAl
(hereinafter referred to as "surety") are held and firmly bound unto Collier County, Florida, (hereinafter
9-fg_19d_to 3s "County") in the total aggregate sum of Si,xty gqe Thousand EiqhtHundred Eiohtv q-nd
9Q/100 Dollarp ($6f .880.00) in lawful money of the United States, for the ,tment of *llch aum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presenls. Owner and Surety are used for singular or plural, as the contexi
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval bythe Board a certain excavation permit no z<irtriilr,r &*(and project name) Tuscanv pointe ll -(ek?Collier36'andthatcertainexcavationpermitshallrncludespecificimproveme@
Collier County Ordinances and Resolutions (hereinafter "Land Development ReEulations"). This oUtigationof the Surety shall commence on the date this Bond is executed and shall iontinue until the dite ofcompletion of the work and approval by the County of the specific improvements described in the LandDevelopment Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event
of a change of Ownership.
NOW, THEREFQRE, if the Owner shall well, truly and faithfully perform its obligations and duties inaccordance with the Land Development Regulations during the guaranty period established by theCounty, and the owner shall satisfy all claims and demands Jncurred ano inatt fully indemnify and saveharmless the County from and against all costs and damages which it may suffer by reason of Owner,sfailure to do so, and shall reimburse and repay the County;ll outlay and eipense *hicf, tne County mayincur in making good any default. then this obligation shall be void, otherwise to remain in full force andeffect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stiputates and agrees thatno change, extension of time, alteration, addition or deletion to the proposed specific improvements shallin 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 amendedautomatically and immediately, without formal and separate amendments hereto, so as to bind the Ownerand the Surety to the fuil and faithful performance in accordance with the Land Developrnent 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 a ny character whatsoever
lN WITNESS WHEREOF, the parties
executed this 4th day of Auqust. 2016.
W N[S5[S:
this PE CE BOND to be
, lnc.
Printed Name/Titte l**a{iry.in kYtcrt, r/. P'
D.R. Horto
Printed Name &r/ nn *Frer*f {Provide Proper rvidence of Authoritv)
I
16.A.2.b
Packet Pg. 266 Attachment: Performance Security (4655 : Tuscany Point 2 Excavation Bond)
?
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE
OF
OF
]Q" I L-, BY
ASI
Notary Public - State of \t-U
&t, -n. -", I l,l, * h
Printed Name
Anett Cardinale
Nela
STATE OF Florida
COUNTY OF Hillsborouqh
Gloria Robb
I 1-l:15-(ll6{017
BOND No.4810885
ACKNOWLEDGEMENT
BOND WAS ACKNOWLEDG
Jr.:ff," lL tt.t I t;t 14t:tr. I t-': I
ED BEFORE THIS DAY
AS
KNOWN TO ME, OR HAS UCED
&*fq"*{F4***
(sEAL)
BARBARA KAI.ASH
Notary Public, $tate of Florlda
lly Cornm. Expires hlarch '17,2019
Comrnission No. FF 200595
Developers Surety and lndemnity Company
Margaret A. Ginem, Attorney-in-Fact
Florida Licensed Resident Agent
ACKNOWLEDGMENT
By:
L
"L
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4'h DAY OF
Auqust,2016, BY Malqqret A. Ginem AS Attornev-in-Fact OF Dgvelppers Suretv andTndemnityComparu( WHO lS PERSONALLY KNOWN TO ME, OR HAS pR
IDENTIFICATION
Notary Public - State of Florida
:;.,. X .J.a
: . lL. ,,
',1.1;;.';,1i.'
GLCIRIA ROEE
Corxftissicn # FF 10{ffi2
Erpires Jaruary ?8, 2019{u,L (sEAL)
I
&i*-"-
16.A.2.b
Packet Pg. 267 Attachment: Performance Security (4655 : Tuscany Point 2 Excavation Bond)
HffH:fftr Ti$[;*'*t*l ss extrssdv iimrted. DEVELoPERS suRErYANo tN0tMN]Ty COMPANy and tNOEMNtTy coMpANy 0F cALtFoRNrA" do eadr
"'Margaret A Ginem' Brandy L' Baich, David car. Anett cardinate, shirley Hill shilts, Eric c. parker, joingy or severally.-.
;11llY.?Xiffifjrffi'jffing to each of said corporarrona tult po*e, or Euustiurion inJrsvocation. and ar or he acrs o, sa'd Anernoy(s)-rn-Faa. pursuanr ro these
AND INOEi,NITY COMPANY ANd INDEMMTY EbMPANY OF CALFbTiNN, *r.h* U, Or JO,i,Y J!,, ;'OOO
RES0{-VED' t'lal a comt'iralM 0l any hrro ol ure chaim}at o{ ths Board. the Presi5ent. Executive Mce-presr&nl. senior Mc+presdenl o ary Vrce presrdent o{ 0e
ffiHtffJ:ffiiffi ffiffifrilf:"*, and that rhe sec,etarv o' .riauiutu,ir i'*arry or airer or the wpo,.ri*i u" and each or thern h.,roy n, .rr,o,,.uo
RESowED FURTHER' lhat the s(lnaltres of suclt officers may bs affixed to any sudr pora o{A[omey or to any certilicare datng thsrr{o by ,acarmde, and any such;X#iruffim--fi',i:,fXcsimile ssnaturet stratt oe va.tio ano orr,olng u;; rhe co,p;arions wnin so afiied aro in rle n lure w,h respocr ro 6ny bond undertakins
t
POIJYER OF ATTORHEY FOR
OEVELOPERS SURETY ANO fNDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
P0 8ox 19725 tRVtNf, aA 92623 {949) ?6t-3300
IN WIINESS \^ftiEREOF. OEVEIOPERS SURETY AND INOEMNIIY C0MPANy and tNOE|rNtTy CO|'IPANY OF CALTFORNTA have severally caused these pressnts to b€ slgned bythar respoctiva office{s and anested by &eir respective Secretary o{ Assistanl Sccrclary hrs January 29. 2015
By
0aniel Yorng, Senror Wce.Presrdent
8y
State of C8&romia
Co.rnly of Orange
Mart
Or' -January 2015 befo*e me.
Crhl
perso:alty appeared l.lae hsl ifm a$ Tidr or fr
Co{ontttion , a0tltaiilot{, Pu!fic . Cdltcatr
0r.n9r Couily
Place }{otary Se$/rboe
WTNESS my hand and olfrcial s€d
Sqna{ure _- _,
CERTIFICATE
who proved ro me m he basrs ol satnlaaory gvdence ro be the pefson{s) wiose name{s) 6/are subscribedto the nithrn rnstument and ackno*,te<lged,to me tnuit
"dOti.fi'_ilrteO tt e ume in hishentheir au$rorrzedc*asty(res)' and that bv hislher'rtherr srgnature{s) on hu insrrni*ir,. persor(s), d rhe eotity upon behar{ orwrrld) the pss0n{s) ac{ed. executed belnstrument
[*rrf;:rr*tTy 0F
'ERJURy
undsr rhe laws of rhe State of Catifomia that rhe for,noirlg pa(agraph ,s
Notary Publ€
The unders'ned as Seoetary or Asststaot sectetary of DEVEtoP€Rs su*Ery AND rNDEMNrry c.MpANy ry rNDEMNrry cotdpANy 0F cALrFoRNrA, doas he{ebyHH#Ii.$ffiffi:'J#ffit',ffi1'Jl*iytrrXTil*m',:Hff,;:::l,xffiI, &rartireprovrsonid,r,*i,uil,"rmerespecrryeBoar6orDrecrssor
ThB Ce{tikat€ is executed io the City or lrvine. Califomia. &is 4{*
By
9,
oeT.
.t936
Ar{o
Otry
ocT. 5
1 967
ornotarypublic officerother lhiscomple!ing verflescerlificaie lheonly of lheidentity individual who thelodocumenlsignedlhisvrlrichiscerlificaleandattaehedthenottruthfulness.or thalot documenl.
l0-l 380(Rev.0 1;t 5)
";.W 3.olb
16.A.2.b
Packet Pg. 268 Attachment: Performance Security (4655 : Tuscany Point 2 Excavation Bond)