Agenda 01/08/2019 Item #16A1601/08/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$331,040 which was posted as a guaranty for Excavation Permit Number 60.151, PL20160003389
for work associated with Marquesa Isles of Naples.
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 Marquesa Isles of Naples. 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 $331,040. 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. Bond Basis (PDF)
16.A.16
Packet Pg. 862
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 7392
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $331,040 which was posted as a guaranty for Excavation Permit Number 60.151,
PL20160003389 for work associated with Marquesa Isles of Naples.
Meeting Date: 01/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/19/2018 4:04 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/19/2018 4:04 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 11/19/2018 4:21 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/20/2018 8:40 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/26/2018 10:08 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/28/2018 2:41 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/03/2018 3:54 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/07/2018 11:06 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/10/2018 2:50 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/11/2018 9:48 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:25 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2018 8:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:08 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:23 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 12/20/2018 2:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 11:55 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.16
Packet Pg. 863
MARQUESA ISLES OF NAPLES
LOCATION MAP
16.A.16.a
Packet Pg. 864 Attachment: Location Map (7392 : Excavation Bond Release - Marquesa Isles of Naples)
EXCAVATION PERFORIVIANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this , a'"'day of
,)t.\,t' 2017 between County Barn lnvqstors. LLC. hereinafler referred to as
"OEneto[er,'a"a the Board of county commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Sectaon
22-106, et al. of the Collier County Code of Laws and Ordinances, 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. CO rsl (the "Excavation
Permit"). (... lL2t t.aoa ;)tt)
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as followsi
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 amount of
$331,040.00
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 untal Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County l\ranager 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 refusalto 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.
2
3
4
5
6 ln the event Developer shall fail or neglect to fulfill ats obligations 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
maintatned, pursuant to public advertisement and receipt and acceptance of bids,the Excavation Work The Developer, as principal under the excavation
16.A.16.b
Packet Pg. 865 Attachment: Bond Basis (7392 : Excavation Bond Release - Marquesa Isles of Naples)
7
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 have caused this Agreement to be
executed by their duly authorized representatives this 2hf d ay of ,f ,l ,J-- , 20 lJ .v0
S
p.
Priscilla G. Heim
Printed Name
ATTEST:
{t;TZuar,-o
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
County lnvestors,
James R. Schier, Manager
BOARD COUNTY
COLTNTY,
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
Printed Name
Sign:
OF
By:tdx--.(\
AS
Scott A. Stone
Assistant County Attorney
to form and
+r
legality
SIGNED IN THE PRESENCE OF:
16.A.16.b
Packet Pg. 866 Attachment: Bond Basis (7392 : Excavation Bond Release - Marquesa Isles of Naples)
KNOW ALL PERSONS BY THESE PRESENTS: thal
WITNESSES:Coun or5 LLC
Bond No. CS9826760
By
James R. Schie
?u-t"?
printed Name Echo Sanders
Printed Name j61au.{*--V, it tr"ro/
[1s LDS-01664/11s3600/1]
Printed Name/Title
444
€*trOr'1- A
PERFORMANCE BOND
FOR EXCAVATION WORK
County Barn lnvestors, LLC
5800 Lakewood Ranch Blvd., Sarasota, FL 34240
(hereinafter referred to as "Owner") and
Great American lnsurance Company
301 E Fourth Street, Cincinnati, OH 45202 (513) 369-5000
(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 Three Hundred Thirtv-one Thousand Fortv and
00/100 Dollars ($331 .040.00) 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 perm it no. t'o st ( oL2a Loca ii s1\ and that certain excavation permit shall
include specific improvements *t'icn aEieq- reJJi-66lji? 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, 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 amendmenls 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 1sth day of June, 201 7.
€r
16.A.16.b
Packet Pg. 867 Attachment: Bond Basis (7392 : Excavation Bond Release - Marquesa Isles of Naples)
E FOREGOING PERFORMAN E. BON ACKNOWLEDGED BEFORE ME THIS / 9
20 11 ,BY OF ACKNOWLEDGER-) AS
-(TITL .B . LLC (NAME OF COMPANY)
WHO IS PERSO LY KNOWN TO ME , OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of
f, ,*r^t t'
ACKNOWLEDG EMENT
Great Ame ca
, OR HAS PRODUCED
.l;l rj
,,,;:".9,j.
ECHO SANDERS
MY COMMISSION #FF160545
EXPTRES Seplember 16' 2018
4O7) 396 Ols3(
Bond No. CS9825750
DAY OF
(SEAL)
(SEAL)
Printed Name
Echo Sanders
SSES
IS PERSONALLY KNOWN TO ME
Notary Public - State of Florida
Printed Name iane Cocki
14,ErS-02650/7
r n m an
AS IDENTIFICATION
B
Printe Name: Dorcas Rivera
ltt a,-)Mary Martha Langley, Attorney-in-Fact
Printed Name/Title
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FoREGoTNG pERFoRMANCE BoND wAS ACKNowLEDGED BEFoRE ME THts t s'n oev or
June, 2017, BY Marv Martha Lanqlev AS Attornev-in-Fact OF Great American lnsurance Companv y[L!g
Dano C,odd)o
l,lotary pubfic. State ; Fb.ida
commission # FF 14358
Expiros July 13, 2017
[1s-rDs-01664/11s3600/11
srArE oF .LlP-',rrto-couNtvoF@
Printed Name: Heather Leivas
16.A.16.b
Packet Pg. 868 Attachment: Bond Basis (7392 : Excavation Bond Release - Marquesa Isles of Naples)
GREAT AMERICAN INSURANCE COMPANY@
Administrative office: 301 E 4TH STREET o clNClNNATl, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
The number ofpersons authorized by
this power of attorney is not more than FOUR
No.0 20517
POWER OFATTORNEY
KNOWALLMENBYTHESEPRESENTS: ThattheGREATAMERICANlNSURANCECOMPANY,acorporationorganizedandexistingunder
and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, conslitute and appoint the person or persons named below, each individually ifmore than
one is named, its true and lawful attomey-in-fact, lor it and in its name, place and stead to execute on behalfofthe said Company, .rs surety, any and all bonds,
undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, provided that the liability ofthe said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
FREDERIC M. ARCHERD, JR.
TANYA L. RUSSO
RICHARD P. RUSSO, JR,
MARY MARTHA LANGLEY
Address
ALL OF
TAMPA, FLORIDA
Limit of Power
ALL
$'100,000,000
This Power ofAttomey revokes all previous powers issued on behalfofthe attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affired this 14TH day of OCTOBER . 2015
AtteSI CREATAMERICAN INSURANCE COMPANYt$c C*tC/*rl"c t
Assislanl Secrelary-Ditisional Senior l/tce Presidenl
STATE, OF OHIO, COUNTy OF HAMILTON - ss: DAVID c. KlrcHlN (477-377-2405)
On this 14fH day of OCTOBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument, that he knows the seal ofthe said Company; that the seal
affixed to the said instrument is such corporate seal; that it rvas so affixed by authority of his office under the By-Laws of said Conrpany, and that he signed his
name thereto by like authority.
ffi &!ilA.l0had
ildryRtq$ad0t
ftCun-erETirEtliMl /^-*-A41",,"n
This Porver ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisionol President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one ofthem, be and hereby is authorized,from lime to time, to oppoint one or more Attorneys-in-Fact to execute on behalfofthe Comparyt,
a! surely, any and all bonds, undertakings and contracts ofsuretyship, or other ttritten obligations in lhe nature thereof; to prescribe their respective dutiis and
lhe respective limits of their authoriq,; and to revoke any sttch appoinlment at any time.
RESOLVED FURTHER: - That the Compary seal and lhe signature of any of the aJoresaid oficers and any Secretary or Assistant Secretary of the
Compary may be aff*ed byfacsimile to ary pot)er of attorney or certficate of either givenfor the execition of ary,66n7, undeitaking, contract oJsuie4i5111O,
or-other written obligation in the nature thereof,,such signature and seal vhen so used being hereby adopted by thi Company as the olriginal signature if suih
fficer and the original seal oJ the Conrpany, to be valid and binding upon the Compary r,ith the sante firce oia elr"t ni though manuilll, ofud.
CERTIFICATION
l, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance CoTpaly_: do hereby certify that the foregoing power ofAttonrey. andthe Resolutions ofthe Board ofDirectors ofJune 9. 2008 have not been revoked and are now in fuit lorce and effect.
Signed and sealed this I S.!1 day ofl6,tq-,bt?,6L c t
s1 029AF (06/1 5)
Assislanl SecretZry
+
ffi
@
16.A.16.b
Packet Pg. 869 Attachment: Bond Basis (7392 : Excavation Bond Release - Marquesa Isles of Naples)