Agenda 06/26/2018 Item #16A1006/26/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000
which was posted as a guaranty for Excavation Permit Number 60.164, PL20160000096 for work
associated with The Club at Pelican Bay.
OBJECTIVE: To release a security which was posted as a development guaranty by The Club Pelican
Bay, Inc.
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 Cash Bond was posted as security for an Excavation
Permit associated with The Club at Pelican Bay, PL20160000096. The As-Built lake cross sections have
been received and the lake has been inspected by the Development Review Division.
FISCAL IMPACT: There is no fiscal impact to the Board 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 Cash Bond in the amount of
$25,000. 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: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement & Bond (PDF)
16.A.10
Packet Pg. 669
06/26/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 5768
Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the
amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.164,
PL20160000096 for work associated with The Club at Pelican Bay.
Meeting Date: 06/26/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/23/2018 1:37 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/23/2018 1:37 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/23/2018 3:14 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2018 3:50 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/23/2018 5:31 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/29/2018 8:44 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 05/29/2018 3:29 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/29/2018 3:29 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2018 3:48 PM
Growth Management Department James French Deputy Department Head Review Completed 05/29/2018 4:05 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/06/2018 10:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/06/2018 1:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 8:55 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/14/2018 9:17 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/14/2018 2:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM
16.A.10
Packet Pg. 670
THE CLUB AT PELICAN BAY
LOCATION MAP
16.A.10.a
Packet Pg. 671 Attachment: Location Map (5768 : Excavation Bond Release - The Club at Pelican Bay)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 23rr/ aay ot
irrn oO,.,l 20 / N belweenfu,1t1,:--:,j.ilhereinafter referred to as "Developer," and the
eord--coun ty Commissioners of Collier CoLinty, Florida, hereinafter referred to as the
"Board"
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordtnances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (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 Excavation Regulations and Excavation Permit No. _PL20160000096_ (the
"Excavation 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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
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 writing that the Excavation Work is complete, either.
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions 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 obligations under this
Agreement, upon certification of such failure, the County l\/anager 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 acceptance of bids,
1
2
3
4
6
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$_25,000_.
q
16.A.10.b
Packet Pg. 672 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
7
the Excavation Work. The Developer, as principal under the excavation
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 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.
lN WITNESS WHEREOF, the Board and Developer
executed by their duly authorized representatives lhis 23,"1
EOF
13 u*n (.Sn
have caused this Agreement to be
day of ,fiaouou.r ,20'lg
SIGNEDJN THE PRESENC
sisn: /d,uy1A( 9t&-(Name ofEntitv) .?yr-Ct'|l fut'4'" b"'l f i(
,":
tlu*il1
blptrc =,elvidio
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
as to form and legality
Scott A. Stone
Assistant CountY AttorneY
M ichoc I U< it lP
Printed Name/Title
(President, !!,, or CEO)
Provide Proper Evidence of Authority)
BOARD OF
OF COLL
as des of the County
pursuant to Resolution No. 2015-162
Printed Name
sign'.hfYt"YJ\
Ap
16.A.10.b
Packet Pg. 673 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
D. Garrett Construction, lnc.
4933 N Tamiami Trail #300. Naples, FL 34103
I
Bond No. 2223084
REVISED
(hereinafter refened to as "Owne/') and
North American Specialty lnsurance Company
P.O. Box 2991, Overland Park, KS 66202-1931
(913) 676-5200
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafier
referred to as "County") in the total aggreg ate SUm Of Tweftv Fiw Thdsand 4d ocvloo Dollars ($25,000.00 )
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. -PL2O]O0O.Q0!96- and that certain excavation permit shall include
speciflc 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 Owne/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.
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 acrordance with the Land Development Regulations.
The term "Amendment," wherever used in this B
documents shall include any alteration, addition or m
lN WITNESS WHEREOF, the parties hereto
and whether referring to this Bond, or other
on of any character whatsoever
sed this PERFORMANCE BONO to be
o
executed this 19th da
,4Q
yof
edt UW,/p,
D, GA
By
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
j3el/'Qoub /, 4Aa4t, tlo
a
Printed Name Zt;zdAe+l t t-Ul li
ion, lnc.
I 15,LDS{1664/1153600/11
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{yln,b,+ A
WITNESsES:
t?ord3
16.A.10.b
Packet Pg. 674 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
STATE OF
COUNTY OF
FOREGOING PERFO
o
PRODU ED
Notary Pubric - stare or FIOf(d A.
Printed Name
WITNESSES:
Noah Pierce, Witness
Printed N
ACKNOWLEDGEI\iI ENT
NOWLEDGED BEF
OF ACKNOWLEDGER)
(NAME OF COMPANY) WH O IS PERSONALLY KNOWN TO [TE, OR HAS
AS IDENTIFICATIO
20
RMANCE BOND WAS ACK
ev]\shlCrqq.rkthcAl'le
one ue rrrs.I-DAY oF49CED - 6rrr-e1
(SEAL)
Beth
Print
e
nson,
Name
North American Specially lnsurance Company
(surety Name and Ti!le if Corporation)
By
NoFResdsl Ag€rt *v1B290Oa
Printed Namefiitle
(Provide Proper Evidence of Authority)
c/o Willis of Florida, lnc.
4211 W. BoY Scout Blvd , Ste. 1000
Tampa, FL 33607
lnquiries: (813) 281 -2095
ACKNOWLEDGM ENT
S
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1gih DAY OF
AS Attomev-in-Facr OF !.@3Eetred!isn&.LorueE!r*p,.vJanuarv ,20-11, BY
WHO IS PERSONALLY KNOW N TO ME, OR HAS PRODUCE D xno*n r^ nrrF AS IOENTIFICATION
Notary Public - State of
c7--*- aP
Printed Name Danielle
COUEMEY T.$DDEN
MYCOM tSStON # @ 127082
EXPIRES: tlovonb€r 2'l, 2021
Eo rd ftru h/b& Uid.rfii...
l1s LDS{1664/11s360O/11
nson
'l.ii[ffi-{Y,r]':#il:},
(SEAL)
%b-
14-EtS-02650/7
STATE OF c""n"ai"',r
16.A.10.b
Packet Pg. 675 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
q
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPE,CIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION
GENERAL POWER OF ATTORNEY
KNOW ALL MEN tsY THESE PRESENTS, THA'I North American Specialty Insurance Cornpany, a corporation duly organized and existing under
Iarvs of the State of Nerv Harnpshire, and having its principal offlce in the City olOverland Park, Kansas and Washington Interuatiorral Insurance
Company a corporation organized and existing under the lau's of the State of New Hampshire and having its principal office in the City of Overlarrd
Park, Kansas, and Westport Insurance Corporation, organized under the larvs of the State of Missouri, and having is principal office in the City of
Overland Park. Kansas each does hereby make, constitute and appoint:
STACY RIVERA, DONNA M. PLANETA, JOSHUA SANFORD, AIMEE R. PERONDINE, AIZALOPEZ,
BRIAN PETERS, DANIELLE D. JOHNSON, STEPHANI A. TRUDEAU and MICHELLE ANNE McMAHON
Its true and larvful Attorney(s)-in-Fact, to make, execute, seal and deliver, fbr and on its behaliand as its act and deed, bonds or other r.vritings
obligatory irr the nature ola bond on behalfofeach ofsaid Conrpanies, as surety, on contracts ofsuretyship as are or may be required or permitted by
law, regulation, contract or otheruise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount ofl: oNE HUNDRED TwENTy FtvE MILLIoN ($125,000,000.00) DoLLARS
This Power of Attorney is granted and is signed by lacsirnile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Conrpany and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July I 8, 201 I .
"RESOLVED, that any tu,o of the President, any Senior Vice ll'esident, any Vice President, any Assistant Vice Plesidcn!
the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Porver olAttomey qualilying the attorney named
in the giverr Pou,er olAttorney to execute on behalfolthe Conrpany bonds, undertakings and all contracts ofsurety, aud that each or any ofthenr
hereby is authorized to attest to the exccution ofany such Power ofAttorney and to attach therein the seal ofthe Company; and it is
FURTFIER RESOLVED, that the signaturc of such officers and the seal of the Companl, may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Porver ofAttorney or certiflcate bearing such facsinrile signatures or facsimile seal shall be
binding upon the Company rvhen so affixed and in the future with regard to any bond, undertaking or contract ofsurety to rvhich it is attached."
By
sr Cornpany
& Senior Vicc }rcsidcDt of\orth Amcricrn Spccirlty Insurance ConrpEny
& SeniorVic€ Prcsidenl ofWestporl I.sutancc (lorporation
ComDanv
& S.nior VicG Prrsidcna of Noflli Anierican Specialty lnsumnce Conrpeny
& Scnior Vice Prcsidena ofWestport Insurance Corporation
IN WITNESS WT{EREOF, North Arnerican Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their olficial seals to be hereunto affixed, and these presents to be signed by their authorized officels this
this 7th day of Deccn-rbcr 20 17
North American Specialty Insurance Company
Washington Intcrnational Insurance Company
Westport Insu rancc CorporationState of Illinois
County ofCook
On this 7th day of Z0_[ betbre me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington Intematiolal Insurance Company and Senior Vice President of North American Specialty In_surance Company and Se^nior Vice President ol
w;;iffiirJ;"" a;rpo.u[i"; ";d MiiMei A. it; Senior Vice President of Washington Intematioiral Insurance Company and Senior Vice President
of North Ar.nerican Specialty Insurance Company and Senior Vice Prrsident of Westport Insurance Corporation, personally knowtt to me, u4ro
being by nrc duly snorn, acknorvledged that they signed the above Porver ofAttorney as officers ofand acknowledged said instrunrent to be the
voluntary act and decd oftheir respective conrpanies'
M. Kenny, Notary Public
ss:
December
I,JeffreyGoldberg,theiriiyelectea@ofNorthAmericanSpecialtyInsuranceCompany,Washirrgton
InternationaIInsuranceCompanyandWest@rtifythattheaboveandtbregoingisatrueandcor.rectcopyofa
power of Attomey given by .said NortlrA-rreric.ur Specialty Iniurance Conrpany. Washington International Insurance Cornpany and Westport Insurance
Corporation which is still ilr fLl! ,brce_ altlelfect.
IN WITNESS WHEREOI., I hdve se-tJny hand and afllxed the seals of the Companies this ldl day of Jon r,.^l . 20 ll? '
//*'-s':
SEAL
SEAL
1973
Jeffrev Goldbers. Vice Presidenl & Assislilt Secrebl' of WNhrnstolr Intemalional Insurillce
No.rltr-ei"ini", ip.i,"f n hsu$ce Compo)'& Vice Presideill & Assislilt Secrelrry of weslport
Compml' &
llsuolce Corporation
16.A.10.b
Packet Pg. 676 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
1130t20',18 Oetail by Entity Name
DrvrsroN oF CoRPoRArroNs
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OepanmentofStale/Divisionofcorporations/SearchRecords/DotailBvDocumentNumb€r/
Detail by Entity Name
Florida Not For Profit Corporation
THE CLUB PELICAN BAY INC,
Filing lnformation
Document Number N40887
FEUEIN Number 654221331
Date Filed 11115/1990
State FL
Status ACTIVE
Last Event AMENDED AND
RESTATEDARTICLES/NAME CHANGE
Event Date Filed 0411811997
Event Effective Date NONE
Princioal Address
707 GULF PARK DR.
NAPLES, FL 34108
Changed: 011231'1597
Mailino Address
707 GULF PARK DR.
NAPLES, FL 34108
Changed: 0112311997
Reoisterod Aoent Name & Address
COLEMAN, KEVIN G
GOODLETTE, COLEMAN & JOHNSON, PA
4OO1 TAMIAMI TRAIL NORTH, SUITE 3OO
NAPLES, FL 34103
Name Changed: o4l 181'1997
Address Changed: 041 1 8l 1 997
Ofricer/Director Detail
Name & Addross
Title Chairman
Phillips, George
7- '/,
i.rrrtiyf,org
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaal?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELI 113
16.A.10.b
Packet Pg. 677 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
1130t2018 Detail by Entity Name
707 GULF PARK DRIVE
NAPLES, FL 34108
Title DIRECTOR
Hamilton, SUSAN
707 GULF PARK DRIVE
NAPLES, FL 34108
Title Director
Albanese, Karla
707 GULF PARK DRIVE
NAPLES, FL 34108
Title Treasurer
ERMLER, RICK
707 GULF PARK DR.
NAPLES, FL 34108
Title Director
TYRE, ROBERT
707 GULF PARK DR
NAPLES, FL 34108
Title Director
Feuerbach, Kirk
707 GULF PARK DR
NAPLES, FL 34108
Title Secretary
WEIR, MICHAEL
707 GULF PARK DR.
NAPLES, FL 34108
Title Director
Lear, Tom
707 GULF PARK DR
NAPLES, FL 34108
Title Oirector
Luconi, Fred
707 GULF PARK DRIVE
NAPLES, FL 34108
Annual Reports
Report Year Filed Date
httpi//search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELI 2t3
16.A.10.b
Packet Pg. 678 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)
1t30t2018
2015
2016
2017
04t22t2015
04t2012016
0510512017
Document lmaoes
05/05/2017 _ ANNUAL REPORT
O4l20l2016 - ANNUAL REPORT
O4l22l201 5 .. ANNUAL REPORT
O2l1 7/2014 - ANNUAL REPORT
03/221201 3 .. ANNUAL REPORT
O1/05/2012 .. ANNUAL REPORT
O2l18/2011 .. ANNUAL REPORT
O3/1 8/201 O - ANNUAL REPORT
04103/2009 - ANNUAL REPORT
O4l2112008 - ANNUAL REPORT
04126/2007 - ANNUAL REPORT
O4l19/2006 - ANNUAL REPORT
O2l01/2005 .- ANNUAL REPORT
01/2412005 .. ANNUAL REPORT
07106/2004 - ANNUAL REPORT
O1/1 3/2003 - ANNUAL REPORT
O1/2312002 - ANNUAL REPORT
O1l3,I/2001 - ANNUAL REPORT
O1/14I2OOO - ANNUAL REPORT
O2l23l1 999 _ ANNUAL REPORT
O1/2711998 - ANNUAL REPORT
O4l18/1997 - AMENDED/RESTATED ARTICLE/NC
O1/2311997 - ANNUAL REPORT
03/05/1996 - ANNUAL REPORT
O1 /30/1 995 .- ANNUAL REPORT
Detail by Entity Name
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lloiC3 )eDarrnerl cf lricb, iiivrlii.4 ,if aicrpcraircr's
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16.A.10.b
Packet Pg. 679 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)