Agenda 03/12/2019 Item #16A 503/12/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release Performance Bond No. CS9826731 in
the amount of $283,813.48, which was posted as a guaranty for work associated with Richmond
Park Site Development Plan (SDP) PL20150001531.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively as guaranties for Site Development Plan commitments in accordance with Section
10.02.03 of the Collier County Land Development Code. The developer has fulfilled his commitments
with respect to this security and their obligation under the SDP is complete. The subject security was
provided for commitments associated with a planned residential project within the Abaco Club RPUD.
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 Performance Bond No.CS9826731
in the amount of $283,813.48. 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 Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Bond (PDF)
16.A.5
Packet Pg. 314
03/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 7974
Item Summary: Recommendation to authorize the Clerk of Courts to release Performance Bond
No. CS9826731 in the amount of $283,813.48, which was posted as a guaranty for work associated with
Richmond Park Site Development Plan (SDP) PL20150001531
Meeting Date: 03/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/05/2019 10:42 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/05/2019 10:42 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/05/2019 11:23 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 02/06/2019 8:45 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/06/2019 9:43 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/06/2019 3:39 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/08/2019 9:27 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/08/2019 1:04 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/08/2019 3:12 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/08/2019 3:54 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/20/2019 1:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/20/2019 3:31 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/26/2019 11:30 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/28/2019 9:11 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/28/2019 4:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/12/2019 9:00 AM
16.A.5
Packet Pg. 315
RICHMOND PARK
LOCATION MAP
16.A.5.a
Packet Pg. 316 Attachment: Location Map (7974 : Bond Release for Richmond Park SDP)
SITE DEVELOPIVIENT PERFORMANCE AGREEMENT
THIS SITE DEVELOPIV1ENT PERFOR[,lANCE AGREEMENT entered into this
day of I q^., q- 1 , 2O_LL, between R m nd Park lnvestors
LLC hereinafter refe rrea tt;anD opel'i and the Board of county Commissioners of Collier
County, Florida, hereinafter referred to as the "Board"
WHEREAS, Developer has applied for site development plan approval in accordance
with the Collier County Land Development Code including but not limited to Section 10.02.03.D
(collectively, the "Site Development Plan Regulations"); and
WHEREAS, the Site Development Plan Regulations require Developer to post
appropriate performance guarantees to ensure compliance with the Site Development Plan
Regulations and Site Development Plan Approval No. PL20'150001531 (the "Site Development
Plan Approval").
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 Site Development Plan Regulations and the
Site Development Plan Approval (the "Site Development").
2. Developer herewith tenders its site development performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of
$238.813.48.
ln the event of default by the Developer or failure of Developer to complete the
Site Development within the time required by the Site Development Plan
Regulations and Site Development Plan Approval, Collier County, may call upon
the site development performance security to ensure satisfactory completion of
the Site Development.
The Sate Development shall not be considered complete until Developer notifies
the County that the Site Development is complete and the final Site Development
is reviewed and approved by the County l\ranager or designee for compliance
with the Site Developmenl Plan Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Site Development is complete, eilherl
a) notify Developer in writing of his approval of the Site Development; or b) notify
Developer in writing of his refusal to approve the Site Development, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Site Development.
ln the event Developer shall fail or neglect to fulfill its obligations under thrs
Agreement, upon certification of such failure, the County lvlanager or designee
may call upon the site development performance security to secure satisfactory
completion, repair and maintenance of the Site Development. 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,
Page I of2
3
4
5
6
16.A.5.b
Packet Pg. 317 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)
the Site Development. The Developer, as principal under the site development
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.
lc^aro qq!{20t
7
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this eG$ day of
SIGNED IN THE ili,=*.= O,
(<-r
Printed
1 t;s
e
:
Printed Na S}IERRY S. IX)DDEMA
ATTEST
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
as to form and legality:
Scott A. Stone
Assistant County Attorney
R C
By
Jar R Schier, Manager
Michael R. Greenberg / Manager
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COLINTY COMMISSIONERS
OF COUNTY,
By:
ltrubls**o+\
as designee of the County Manager
pursuant to Resolution No. 2015-162
Page 2 of 2
16.A.5.b
Packet Pg. 318 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)
AEx t-. 't
Bond No.: C59826731
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Richmond Park lnvestors, LLC
5800 Lakewood Ranch Blvd., Sarasota, FL 34240
(hereinafter referred to as "Owner") and
Great American Insurance 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
ieferred to as "County") in the total aggregate sum of Two Hundred Eiqhtv-three Thousand Eiqht Hundred
Thirteen and 48/100 Dollars ($283.813.48) in lawful moneyof the United States, forthe paymentof which
sLrm 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 received approval of a
certain Site Development Plan named Richmond Park and that certain Site Development Plan includes
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 the date of satisfactory final inspection
by the County of the specific improvements described in the Site Development Plan pursuant to the Land
Development Regulations (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, 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.
PROV|DED 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.
tN WTTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 3'd day of Januarv,2017.
E)(PERIENCE the P0WER of PARTNERSHIP
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16.A.5.b
Packet Pg. 319 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)
Bond No.: CS9826731
WITNESSES
eil*
Signature
Echo Sanders
Name
Signature
.. L.,",.t,, \/ill.r r#an\
Printed Name
James R. Schier , lu(
Printed Name/Title
ACKNOWLEDGEMENT
AS IDENTIFICATION.
Notary Public - State of
(sEAL)
EdroSanders
,4 oav,'C r-
Printed Name
ECHO SANDERS
MY COMMTSSTON #FFi 60s45
EXPIRES September r6, zotB
396-0r 53
+
€u*
E)(PERIENCE the POWER of PARTNERSHIP
@"I+des
srArE o, !-Qot r^d_or*
couNrY or ba-narty>fu-
KNOWN TO ME,
AS
OR
BEF.RE ME THrs 4 oo" ot
OF Richmond Park
FOREGOING
2ol1 , BY
IS
16.A.5.b
Packet Pg. 320 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)
WITN ES:s
Bond No.: CS9826731
AS IDENTIFICATION
)
By
nted Name Marv Martha Lanslev, Attornev-in-Fact
Printed Name/Title
Signature
l-fr'la&rrtdr kralartd
Printed Name
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3", DAY OF
Januarv, 2017, BY Marv Martha Lanqlev AS Attornev-in-Fact OF Great American lnsurance Comoanv
re
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
Notary Public - State of Florida
{i
Printed Name
(Ord. No. 15-44, $ 3.N)
(
PUBLIC
DEBBIE R HEDIGER
coMMlssloN f, FF229595
EXPIRES May 11, 2019
BONDIO IHROUGH
RTI INSURANCI COMPA''IY
E)(PERIENCE the P0WER of PARTNERSHIP
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16.A.5.b
Packet Pg. 321 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)
GREAT AMERICAN INSURANCE COMPANY@
Administrative office: 301 E 4TH STREET o clNclNNATl, oHlo 45202 . 5't3-369-5000 . FAX 513-723-2740
The number ofpersons authorized by
this power of attorney is not more than FOUR
No.0 20517
POWER OFATTORNEY
KNOWALLMENBYTHESEPRESENTS: ThattheGREATAMERICANINSURANCECOMPANY,acorporationorganizedandexistingunder
and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually ifmore than
one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behallof the said Company, uls surery any and all bonds,
undertakings and contracts ofsuretyship, or other uritten obligations in the nature thereof, provided that the liability ofthe said Company on any such bond,
undertaking or contract ofsuretyship executed under this authority shall not exceed the limit stated below.
Name Address
ALL OF
TAMPA, FLORIDA
Limit of Power
ALLFREDERIC M. ARCHERD, JR.
TANYA L, RUSSO
RICHARD P. RUSSO, JR.
MARY MARTHA LANGLEY
$100,000,000
This Porver ofAttorney revokes all previous powers issued on behalfofthe attorney(s)-in-fact named above.
IN WITNESS WHEREOT-' the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and ils corporate seal hereunto a{fixed this 14TH day of OCTOBER , 2015
Attest GREAT AMERICAN INSURANCE COMPANYt$c
|}traA.l0lud
to[rPrtc,$adqt
frhortfrrEgiEEt&l0A,
O*tC/#rLct
Assislan, Secrelary Divisional Senior Vice Prusidenl
STATE OF OHIO, COUNTy OF HAMILTON _ ss: DAV|D C. KtrcHtN (877_377_2405J
Onthis 14fH dayof OCTOBER , 20'15 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President ofthe Bond Division ofGreat
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
afixed to the said instrument is such corporate seal; that it was so affixed by authority of his ofice under the By-Laws of said Company, and that he signed his
name thereto by like authority.
ffi /**-Adl.*
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Compary,,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other vritten obligations in the nature thereof; to prescribe their respective duties and
the respective limits of their aulhority; and to revoke any such dppointment at any time.
RESOLVED FURTHER: That the Companl, 3sal ond the signature of any of the aforesaid fficers and any Secrelarl, or Assistanl Secretary of the
Compary may be afaed byfacsimile to any pot,er of altorney or cerlficole of either givenfor the execution of ary,66n1, undertaking, contrdcl of surey,ship,
or other vrilten obligation in the nalure lhereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
fficer and the original seal oJ the Company, to be valid and binding upon the Company wilh the satne Jorce and efiect as though manualll, afrted.
cERl'tFlC{r'ro\
I, STEPHEN C. BE^RAHA, Ass-istant ecJgtary olGreat American Insurance Compan1,, do hereby certi|, that the foregoifi4powei ofArtoqrey 4r,J
theResolutionsoftheBoardofDirectorsofJune9,2008havenotbeenrevokedandarenowinfullforceandeffect.
Signed and sealed this ,QO12
'.rabsi
i-f,b'
,4L c t
s1029AF (06/1s)
3 ts aavor i[r*r,q
Assistant Secrctqry
',v
16.A.5.b
Packet Pg. 322 Attachment: Performance Agreement and Bond (7974 : Bond Release for Richmond Park SDP)