Agenda 09/11/2018 Item #16A2009/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$62,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20160001621) for work associated with Fronterra Phases 1 and 2.
_____________________________________________________________________________________
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 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 Fronterra Phase 1 PPL, (PL20150001982). On June 13,
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 $62,000. 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 & Bond (PDF)
16.A.20
Packet Pg. 479
09/11/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 6164
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $62,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20160001621) for work associated with Fronterra Phases 1 and 2.
Meeting Date: 09/11/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/03/2018 2:18 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/03/2018 2:18 PM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 07/05/2018 7:12 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/05/2018 9:01 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 07/09/2018 4:42 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/10/2018 7:38 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/10/2018 11:14 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/09/2018 5:58 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/10/2018 8:53 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/10/2018 12:03 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/10/2018 3:41 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/21/2018 10:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2018 1:28 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 08/22/2018 9:09 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/22/2018 1:14 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2018 9:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
16.A.20
Packet Pg. 480
FRONTERRA PHASE 1 & 2
LOCATION MAP
16.A.20.a
Packet Pg. 481 Attachment: Location Map (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
EARLYWORK PERFORMANCE AGREEi'ENT ,
THIS EARLY WORK PERFORMANCE AGREEMENT entered into iriis E 4 day of
Aptil,2017,betweenBCNaolesl tments, LLP and CCC Fronterra, LLC herernafter referredn
to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
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. P120160001621 Fronterra Phase 1 & 2 (the "Early Work Permit").
NOW, THEREFORE, in consideration of the foregoing premlses and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
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 $62.000.00.
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Eady 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 lo secure satrsfactory 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
contingent costs, together with any damages, either direct or consequential,
2
3
4
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1
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16.A.20.b
Packet Pg. 482 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
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.
SIGNE IN THE PRESENCE OF CCC Fronterra, LLC
a Florida limited liability companySig
ame By:
Print Name/Title
and
7
/re
Printed NameArr'a\yu Peh<BC Naples lnvestments, LLP
a Florida limited liability partnership
By: BARRON COLLIER MANAGEMENT, LLC
a Florida limited liability company
G LI By:
Its: Authorized Ag ent
Printed Name &i,..," A:!,.\ \
-) t)a*v{n Brian Goguen, Chief
Provide Proper Eviden
ting Officer
Authority)
4^^Ls..',^
Printed Name
ATTEST
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
AS form and legality:
Scott A. Stone
Assistant County Attorney
asd ES gnee e County anager
pursuant to Resolution No. 201 5-162
#.,BOARD OF COUNTY
OF COLLIER COU
By:a-,
Ap
lN WITNESS WHEREOF, the Board and DevelopeT- have caused this Agreement to be
executed by their duly authorized representatives this f;9 day of April, 2017 .
a-
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16.A.20.b
Packet Pg. 483 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
4l[,, b,l
REVEGETATION BOND
FOR EARLY WORK AUTHORIZATIONS
BOND NO: 106506919
Fronterra Phasesl and 2
P12016000'1621
KNOW ALL PERSONS BY THESE PRESENTS: thAt
CCC Fronterra, LLC
2020 Salzedo Street, Suite 200
Coral Gables, FL 33134
and
B C Naples lnvestments, LLP
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as "Ownel') and
Travelers Casualty and Surety company of America
One Tower Square, 38
Hartford, CT 06813
(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 Sixty two thousand and 00/100 Dollars ($62,000.00)
in laMul 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 Early Work Authorization Permit No.20160001621 and that certain Early Work
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.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extenslon 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.
A
[15-1D5,01664/1153600/1]
16.A.20.b
Packet Pg. 484 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
lN WITNESS WHEREOF, the parties lpreto have caused this PERFORMANCE BOND to be
executed trris Afri I day of April Zl* , zOlt.
WITNESSES:CCC Fronterra, LLC
a Florida lirnited liability company
V,rp'r-,
Printed Name h'{,Illb Yrcra
Printed rlame /lria\ys PeaA
C Aleiq' ,tst),ll
ld Eircnacl'or
By:
Signature
Han
0
Print Name/Title V ?
and
BC Naples lnvestments, ILP
a Florida limited liability partnership
By: BARRON COILIER MANAGEMENT, tLC
a Florida limited liability company
Its:Authorized Agent
By:
Printed Name Brian Goguen, Chief
(Provide Proper Evid
Officer
Printed ttame Edo LCca- Acx
ACKNOWLEDGEMENT
STATE OF FLORIDA , I ^couNrY oF M l&nlPoP{{
ING P WAS 7E'FoRE ME ruts fuloAY oF
7,BY
CCC FRONTERRA, LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Public - State of Florida
u ...$$!;;;;.LISSETTE VIERA
MY COMMISSION #FF026944
EXPIRES June 12.2017
398-01 53
[ 1s- LOS-01664/1 1s3600/1 j
Lrq
(sEAL)
16.A.20.b
Packet Pg. 485 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
STATE OF FLORIDA
COUNTY OF COLLIER
THE REGOI
LES INVESTMENTS,LLP WHO IS PE N
Notary Public - State of Florida
Prin Name 441r",_!. Qgvi Ml
WITNESSES
NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THISI4DAY OF
2017, BY BRIAN GOGUEN AS CHIEF OPERATING OFFICER/MANAGER OF BC
ACKNOWLEDGEMENT
t\4 , OR HAS PRODUCED
(SEAL)
Tr rs Casualty and Surety Company of America
By
Charity A.r, Attorney-ln-Fact
frn,t)fva*-(.
Printed ('.i", ,-rrr"V s,..r*r
[1lDrf"'
rinted ame: L rrat Jones-M u rray
N lic - State of FLORI
Name
SEAL
..$q,*,
i;'E,,.ii
",fl$i'
l(M 0. oAvlDsoN
MY Co M|SS|oN, FF 0m690
EXPIRES: February 19, 2016
8ond.d Thru fblary Puuic Ud€tuit R
uulAt{ t 80DoF
llY coMMlssoN r FF 941634
EXPIRES: Apdl 6, 2020
Bdri.d TIru lStar! P0bIc und. e*
[1s-LDS-01664/11s3600/1]
_ AS |DENT|F|CAT|ON.
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED EEFORE ME THIS 1g|h DAY OF
APRIL, 2017, BY CHARITY A. MOSER AS ATTORNEY-IN.FACT OF TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
16.A.20.b
Packet Pg. 486 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
WARNING: THIS POWER EY IS INVALID TH
,-.
TRAVELERSJ
POWER OFATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St, Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Tfavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No. 229466 certificate *".0 0 7 0 0 3 3 1 5
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of lowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws ofthe State ofWisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Huntley A. Hornbeck II. Kristin M. Neiert, Marc E. Williams. Stephen J. Benza. Charity A. Moser, and Dawn Y. Colecchio
of the Citv of Naple s , State Florida , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto afflxcd. this 5th
day of October 2016
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Companv
St. Paul Guardian Insurance Company
St. Paul l\{ercury Insurance Company
T[avelers Casualty and Surety Company
Ttavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
State of Connecticut By
City of Hartford ss.Robert L. Raney, Senior Presidcnt
on this the 5th day of October , 2016 , before me personally appeared Robert L. Raney, who acknowledged himselfto
betheSeniorVicePresidentofFarmingtonCasualtyCompany, FidelityandGuarantylnsuranceCompany,FidelityandGuarantylnsuranceUnderwriters,lnc.,St.Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers
Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021 .
c.l-fria,rl*
Marie C. Tetreault, Notary Public
TiCMRAID
1951
58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS D WITHOUT THE RED BORDER
q-{$,€#@ffi ffi
16.A.20.b
Packet Pg. 487 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)
WARNI THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED. that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary orAssistant Secretary; or (b) duly executed (under seal, if required) by one or more Atromeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Presirlent, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidetity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and colrect copy of the Power ofAttorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY wHEREoF,I have hereunto set my hand and affixed the seals of said Compan,"r,nt, lq tr., Apf l | ,zon
{d,-*
Kevin E. Hughes, Assistant
To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details ofthe bond to which the power is attached.
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16.A.20.b
Packet Pg. 488 Attachment: Performance Agreement & Bond (6164 : Bond Release - Fronterra Phases 1 and 2 EWA)