Agenda 11/13/2018 Item #16A1511/13/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$26,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180002086) for work associated with The Isles of Collier Preserve Parcel T.
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 The Isles of Collier Preserve Parcel T, (EWA -
PL20180002086). On September 12, 2018, the Construction Permit (CNSTR-PL2018000166) was
approved by Development Review staff. Once the construction plans for this project are approved, the
EWA 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 $26,000 associated with EWA-PL20180002086. 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 Agreements and Bond (PDF)
16.A.15
Packet Pg. 679
11/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 6904
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $26,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180002086) for work associated with The Isles of Collier Preserve Parcel T.
Meeting Date: 11/13/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/28/2018 10:44 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/28/2018 10:44 AM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/04/2018 4:13 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/05/2018 10:25 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/05/2018 1:27 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/08/2018 12:43 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/08/2018 4:28 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/09/2018 8:30 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/09/2018 9:52 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/09/2018 11:36 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/10/2018 5:34 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 7:49 AM
County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 11:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 1:39 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 10/16/2018 2:48 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/01/2018 10:54 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM
16.A.15
Packet Pg. 680
ISLES OF COLLIER PRESERVE PARCEL T
LOCATION MAP
16.A.15.a
Packet Pg. 681 Attachment: Location Map (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
THIS EARLY WORK PERFORMANCE AGREEMENT entered into tnis I Oay ot
J& 201q, between l,ilinto Communihes. LLC hereinafter referred to as "Developer," and the Board" It Co,-rnty Comm,ssione,s of Coll,e, County, Florida, hereinafter referred to as the "Board".
EARLY WORK PERFORIVIANCE AGREEI\,1ENT
WHEREAS, Developer has applied for an early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section 10.0'1.02.8
(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 N o. PL2OISCIOO),OCb (the "Early Work 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:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of $26.000.00.
3
4
6
5
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 flnal Early Work is reviewed and
approved by the County lvlanager or desagnee 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 rn
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 thts
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 total
cost to the Board thereof, including, but not limited to, engineering, legat and
contingent costs, togetherwith any damages, eitherdirect or consequential, which
16.A.15.b
Packet Pg. 682 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
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.
executed by their duly authorized representatives this
20 1? .
lN WITNESS WHEREOF, the Board and Devel ooer have' 6,b day
caused this Agreement to be
of {t, [.*J
SIGNED I E OF:Minto Communities, LLC
Sign
Printed ame
7
sisn:lWfu
<; llrLcltc //
Printed Name
Michael J. Belmont, President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,
ATTEST:
rnterim Clerk
AS form and legality:
Scott Stone
Assistant County Attorney
By:4 U
as designee of the County Manager
pursuant to Resolution No. 201 5- I 62
K. Kinzel, IIITERIII GERK
16.A.15.b
Packet Pg. 683 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
5rh,l,+- 'A
Bond No.80159260
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as "Ownei') and
The Guarantee Company of North America USA
One Town Square, Suite 1470
Southfield, Ml 48076
(238)281-0281
THE CONDITION OF THIS OBLIGATION is such that whereas
the Board a certain Early Work Authorization Permit No. PL201
r has submitted for approval by
Collier Preserve Parcel T and
that certain Early Work Authorization 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 completion of the
work and approval by the County of the speciflc improvements described in the Land Development
Regulations, or until issuance of a subsequent final development order such as an Site Development
Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a
new bond in the event of a change in 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, otheMise 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 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this !{ day of June. 2018.
bre#&"
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafterreferredtoas..County'')inthetotalaggregateSumof@Dollars
(S26.000.00) 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.
16.A.15.b
Packet Pg. 684 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
WITNESSES:
Printed Name cAr'D( ut'tk-
Printed trta mef/Oqr*re lflothlnA
STATE OF ts
COUNTY OF
Minto Communities, LLG
By:
Lil am Costello
of Finance
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
'*o" o,
By:
Cla udette Alexander Hunt. Attorney-in-Fact
. /' \
Printed Name/Title
OING PERFORMANCE BOND WAS AC E
BY (NAME OF ACKNOWLEDGER)
OF (NAME OF COMPANY) Minto Gommunities. LLC WHO I
PERSONALLY KNOWN TO E, OR HAS PRODUCED AS IDENTIFICATION.
- State of
nted Name ,\Cr
WITNESSES:The Guarantee Company of North
E
vtl
(sEAL)
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Miami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF
June, 2018, BY Claudette Alexander Hunt AS Attornev in Fact OF The Guarantee Companv of
NoTth AmeTica USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS
IDENTIFICATION.
Notary Public - State of Florida
Printed Name,Tahbaz
Printed Name, Nicole Paneque
z^JLn/, 1
Printed Namel Camillir:\I. Cruz
l 4-EIS-02650/6
CAMILLE M. CRUZ
Commission # GG 112020
Expires August 5, 2021
Bm(bd Ihru Budg.{ Nobry Servbes
.o$l.iiq
LWJ
(sEAL)
16.A.15.b
Packet Pg. 685 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
*
IITE Ite Guarantee Cmpauy of North America U$A
Southfield, Michigan
POWER OF ATTORNEY
GUARANTEE*
xilow ALL BY THESE PRESENTS: That THE GUARAI{TEE corPAI{Y OF HORTH ATEHCA USA, A COTPOTAT|ON OTgANiZCd ANd EXiStiNg UNdET the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Claudeue A,exander Hunt, Jacqudine Jordan Hanpton
Aon R sk Seru*ps, tnc. of Florida
IN WITNESS WHEREoF, THE GUARANTEE CoTPANY oF I{ORTH AflERICA USA has caused this iNStTUMCNt tO bE SigNCd ANd
its corporate seal to be affixed by its authorized officer, this 23td day ol February, 2012.
THE GUARAiITEE COTPAT{Y OF NORTH ATERICA USA
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other Mitings obligatory in the nature tneieof, which are or may be allowed, required or permitted by law, statute, rule, regulation' contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARAIaTEE GoilPAI{Y oF NoRTH AilERICA
usA as fully and ampty, to all intents and purposes, .. it1A" i.." had been duly exeiuted and acknowledged by its regularly elected officels at the
principal ofiice.
The power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, section 9 03 of the By-Laws
adopted by the Board of Directors of rHE GUARANTEL CbiiiAXi or ronrn AuErucl usA ai a meeting held on the 31"t day of December, 2003'
The'president, or any Vice presGnt, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the company, anct attach the seal of the company thereto,
bonds and unOertaiii{s, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, "t "nV
iir"] iny such Attorney-in-fact and revoke the authority given, except as. provided below
3. ln connection Utn oOiiiati6ns In favor otin" noiio. oepartment otTransplortation oniy, it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the state "iir"iio" Department of rransportatioh. lt is fully understood that consenting to the state of
Flo6da Department of Transportation making payment of the final estimate to the contractor and/or its assignee, shall not reiieve this surety
company of any of its obligations under its bond.
4. ln connection fftn ootigations in favor of the ientucxy Department of Highways only, it is agreed. that the power and authorityiereby given to
the Attorney-in-Fact cainot be modified or revoked unless prior written personal notice of such intent has been given to the commissioner -
Departmeni or nitnways of the Commonwealth of Kentucky at least thirty (30) days prior to the modiflcation or revocation.
Further, this power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly cailed and held on the 6th day of Decemb et 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the company may be afiixed.by facsimile to any Power of Aftorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
iuch signature ani seal when so used shall h-ave the same force and effect as though manually affixed.
ffi^U*il-
STATE OF TICHIGAITI
County ol Oakland
l, Randall Mussel
and correct copy
on this 23rd day of February ,2012 before me came the indlviduals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that eacn is the herein described and authorized officer of The Guaraniee Comfany of NorthAmerica USA; that the seal affixed to said
instrument is the corporate Seal of said company; tnat tne corporate seal and each signature were duly afiixed by order of the Board of Directors of
cynthia A. Takai tN WITNESS WHEREOF, I have hereunto set my hand at The Ggarantee
Notary piotic, St;b-;i-Michigan Company of North America USA offices the day and year above frriften.
Count. of Oakland ^/4 ' -/r
-
. '. IMyCommissionExpiresFebruary2T,2ols Cr rrAr*, fr T*4dOl;:", t'".
Acting in Oakland CountY / .' ,,'.{
.i..1
man, secretary of rHE GUARAT{TEE CoilPANY OF ttORTl-l AilERICA USA, do-hereb{ g{ily th..l.s9 9o9r$ 31o.ro1esoii'g is itrue
of a power of Attorney executed by THE GUARAI{TEE cotPAI{Y oF t{oRTH AtERlcA usA, which is still'f,r rul toreg-9na bffect.
WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Compan y this % OaV of J.1r',1, aDl d
Stephen C. Ruschak, President & Chief OPcrating Officer Randall tusselman, Secretary
IN
Randall ilusselman, Secretar.v
16.A.15.b
Packet Pg. 686 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
7120t2018 Detail by Entity Name
brtaort rtf
C r_t 1,1 r_t !i\. J, Jr_t f)
a \iliitll:;tu! I lbtr&t *.b\r!
OtvrsroN oF CoRPoRATroNs
-x6hrge--'1*
OSped!€dqtslatC / orvislon of CorpOIatlCIS / Sea.ch Records / Detail By_SgelEe4Lur!1ber /
Detail by Entity Name
Florida Limited Liability Company
IV.IINTO COMMUNITIES, LLC
Filing lnformation
Document Number L05000074120
FEI/EIN Number 32-0155666
Date Filed 0712712005
State FL
Status ACTIVE
LasT Event CORPORATE i/IERGER
Event Date Filed 1212712013
Event Effective Date 1213112013
Princip3lArElIcss
44OO W, SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Changed: 041151201.0
Mailing Address
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Changed: O4l'1512010
Bggistered Agent Name & Address
BELMONT, MICHAEL J
44OO W. SAMPLE ROAO
SUITE 2OO
COCONUT CREEK, FL 33073
Name Changed: 0'l 127 12011
Tit|e PRES
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaal?inquirytype=EntityName&directionType=tnitial&searchNameOrder=MINTOCO 1t3
Address Changed: 041 1 51201 0
Authorized Personls) Detail
Name & Address
16.A.15.b
Packet Pg. 687 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)
7t2012018 Detail by Entity Name
BELMONI MICHAEL J
44OO W. SAMPLE ROAD, SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
CARTER, JOHN F
44OO W. SAMPLE ROAD, SUITE 2OO
COCONUT CREEK, FL 33073
Title DIVISION PRES.
BULLOCK, WILLIAM L
44OO W SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title SR.VP
SVOPA, STEVEN M
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
COSTELLO, LILLIAM
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Title VP
CALE, BRIAN
44OO W. SAMPLE ROAD
SUITE 2OO
COCONUT CREEK, FL 33073
Annual Repprlg
Report Year
2017
2018
2018
Filed Date
01t05t2017
0312712018
05t24t2018
Document lmaggg
05/2412018 -- AMENDED ANNUAL REPORT View image in PDF format
O3/27l2018 .. ANNUAL REPORT View image in PDF format
08/2512017 - AMENDED ANNUAL REPORT View image in PDF format
0,1/05/2017 - ANNUAL REPORT View image in PDF format
03/03/2016 .- ANNUAL REPORT View image in PDF format
O1/07/2015 - ANNUAL REPORT View image in PDF format
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MlNTOCO... 213
16.A.15.b
Packet Pg. 688 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)