Agenda 05/14/2019 Item #16A 7 (Release of Performance Bond/Parklands Plat 1)05/14/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$18,231.58 which was posted as a guaranty for Excavation Permit Number 60.119, PL20140001253
and PL20150000921 for work associated with Parklands Plat One.
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 Parklands Plat One. The As-Built lake cross sections have been
received and the lakes has 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. - HFAC
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $18,231.58. 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.7
Packet Pg. 660
05/14/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 8567
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $18,231.58 which was posted as a guaranty for Excavation Permit Number 60.119,
PL20140001253 and PL20150000921 for work associated with Parklands Plat One.
Meeting Date: 05/14/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/05/2019 2:58 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/05/2019 2:58 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 04/05/2019 3:54 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/05/2019 4:41 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/09/2019 9:20 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/12/2019 4:42 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/15/2019 9:11 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/16/2019 12:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/16/2019 1:13 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 04/17/2019 9:24 AM
Growth Management Department James C French Deputy Department Head Review Completed 04/18/2019 9:24 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2019 3:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/24/2019 1:34 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/25/2019 10:19 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 05/06/2019 6:17 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/14/2019 9:00 AM
16.A.7
Packet Pg. 661
PARKLANDS PLAT ONE
LOCATION MAP
16.A.7.a
Packet Pg. 662 Attachment: Location Map (8567 : Excavation Bond Release - Parklands Plat One)
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Parklands Associates I, LLLP
1600 Sawgrass Corporate Parkway, 4th Floor
Sunrise, FL 33323
(hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
9850 NW 41st Street, Suite 100
Miami, FL 33178
305-591-0090
Bond No. 964119223
(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 One Million and no/100 Dollars ($1,000,000.00) 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. PL20140001253 and that certain excavation 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 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.
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 15th day of September, 2014.
16.A.7.b
Packet Pg. 663 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)
Witnesses:Parklands Associates I, LLLP by:
Parklan
By:'-- , h
Printed Name: A+ex.,\s Lvl f\.�
N. Maria Menendez, Vice President
Printed Name: lc:::'.v� w'lcd�Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
ST A TE OF Fl orida
COUNTY OF ---'B=r-=-ow=ar=d ____ _
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th DAY OF
September, 2014, BY N. Maria Menendez AS Vice President OF Parklands Genpark Corporation WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public -State of Fl orida
Printed Name:
• CAROLYNC. TORRISI
\ MY COMMISSION # EE 023326= EXPIRES: January 3, 2015
Bonded Thru Notary Public Untlerwritllrs
Liberty Mutual Insurance Company
(SEAL)
D.A. Belis, Attorney-In-Fact and Resident Agent
Printed name/Title
ACKNOWLEDGMENT
ST ATE OF Flori da
COUNTY OF Palm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 15th DAY OF
September, 2014, BY D.A. Selis AS Attorn ey-In-Fact OF Liberty Mutual Insurance Company WHO IS
PERSONALLY KNOWN TO M,�11frifh,HAS PRODUCED n/a AS IDENTLFICATION.
-�''''��RIE J.'1111,,� Notary Public -State of F:,!�):�.••ssio•N••�6'&>J¾
14-EIS-02650/7
� � ··��� �-t.·• � � ••& �'I,.� 16,<o�•• � --� � l���\ i (SEAL)=*. •. �! :*§. -• s:::
16.A.7.b
Packet Pg. 664 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)
16.A.7.b
Packet Pg. 665 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)
LibertvMutuil
lnterchange Coeorate Center
450 Plymouth Road, Suite 400
Plymouth t!4eeting, PA 1 62 1644
Ph. (610) 832-8240
INCREASE / DECREASE RIDER
Rider to be attached to and form a part of Bond Number 964'119223 ,datedthe 1Sth
day of September ,2014 , issued by Liberty Mutual lnsurance Company, a Massachusetts stock
insurance company, as Surety (the "Surety"), on behalf of Parklands Associates I LLLP
, as principal (the "Principal"), in
favor of Collier County, FL
It is understood and agreed that the penal sum of the attached bond is hereby decreased
from One Million and no/100
(increased/decreased)
(91 ,000,000.00 ) Dollars,
to Eighteen Thousand Two Hundred Thirty One and 58/100 ($18,231.58 ) Dollars.
, as obligee (the 'obligee')
This change is effective the 'l2th da yof March ,2018
The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified
DATED as of this 12th day of lvlarch 2018
Parklands Associates l, LLLP by:
WITNESS / ATTEST I oration its General Partnrn
(Pri
By (Seal)
(Seal)
N
Title: Vice
LIBERTY MUTUAL INSURANCE COMPANY
(Surety)
By
a
By
ands
LMtC-3010 Rev. 03/04
w
ACCEPTED:
Date:
16.A.7.b
Packet Pg. 666 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)
rxis powen oF ATToRNEy !s Nor vALrD uNLESS rr ts pRTNTED oN RED BAcKGRouND.
This Powet ofAttorney limits the acts of those named hercin, and they have no authorlty lo bind the Company except in the manner and to lhe extent herein slated.
Certificate No. 6600/30
American Fire and Casualty Company Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS 8Y THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are clrporations duly organized undor the laws of
and appoint, Clinton J. Diers: Deborah J. Harbour: Hunter Bendall: Hunter F. Avery: Jacqueline L. Joiner: Jeannette Wright: Jeffrey Johnson: Jessica J.
Winfree; Joann E. Stahr: John C. Stanchina; Kathleen M. Moore: Martin D. Pallazza; Patricia L. Lewis; Paula Faivre; Richard L. Hall; Thomas J. Druhan
all of the city of Richmond state of VA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge
be as binding upon the Companies as if they have been duly signed by the president and attesled by the secretary of the Companies in their own proper persons.
lN WTNESS WHEREOI his Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this sth day of June . 2014
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mulual lnsurance Company
West lnsurance Company
By:
STATE OF PENNSYLVANIA
COUNTY OF MONTGOi/ERY
David M.Secrotary
On this sth day of -4!9--, 19]4 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and WestAmerican lnsurance Company, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
lN WITNESS WHEREOF, I have hereunto subscrlbed my name and aflixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
il
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SS
rt"t ffi f' '/*L;DN
f By:
Teresa Pastella , Notary Publlc
Company, Liberty Mutual lnsurance Company, end WiltAmEficdn lnsurance Company which resolutions are now in full force and eflect rcading as ,ollows:
the provisions of this ailcle may be revoked at any lime by the Board, the Chairman, the President or by the oflicer or officers granting such power or authority.
executed such inslrumenh shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to acl on behalf of lhe Company to make, exocute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certilied copy of any power of attomey issued by the Company in connectlon with surety bords, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
Companies, is in full force and effect and has not been revoked.
I _) ,/L
lN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this / - day of Naro{,-,20 /8
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16.A.7.b
Packet Pg. 667 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)
C.ounW
Grcn^/th Management Department
Development Reviav Divrsion
March 12. 201 8
Liberq- Mutual Insurance Company
9850 NW 4l st St.. Ste. 100
Miami. FL 331 78
RE: Performance Bond No. 964119223 / Parklands Associates I, LLLP
Parklands Plat One Excavation Permit PL20140001253 #60.1l9
Dear Sir or Madam:
Please be advised thal based on the work completed and inspected to date, the subject
Performance Bond may now be reduced by $981,768.42, leaving an available surety of
$18,231.58. The remaining surety represents the estimated cost to install the remaining required
litloral plantings.
An original Bond Rider should be submitted to this office reducing the value ofthe s€curity. *all
other terms and conditions ofthe original Performance Bond to remain in full force and effect"-
If t can be ofany further assistance to you in this regard. please le( me know'
Sincerely.
loHN HOUA$I|ORIH
John R. Houldsworth
Senior Site Plans Reviewer
With authority in these matters
Cc: Craig Callis, GL Homes
Dsr*Frqf REryirw th*n' 2frD t{ah HaE$e Oivr . ihphs, Hqih 3f,l0.l . 23252-2& . sv cotlgory/rl
16.A.7.b
Packet Pg. 668 Attachment: Bond Basis (8567 : Excavation Bond Release - Parklands Plat One)