Agenda 07/09/2019 Item #16A 9 (Performance Bond Release Brentwood Lakes)07/09/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$53,680 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180002422) for work associated with Brentwood Lakes.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities admi nistratively
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 Brentwood Lakes - Plat One PPL, (PL20180001880).
On May 28, 2019, the PPL was approved by the Board of County Commissioners and 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 Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount
of $53,680. 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. Bond Basis (PDF)
16.A.9
Packet Pg. 401
07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 9214
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $53,680 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180002422) for work associated with Brentwood Lakes.
Meeting Date: 07/09/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/04/2019 10:43 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/04/2019 10:43 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 06/04/2019 1:33 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2019 3:27 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 11:08 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/07/2019 12:35 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2019 5:00 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/10/2019 3:28 PM
Growth Management Department James C French Deputy Department Head Review Completed 06/12/2019 5:53 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/13/2019 12:12 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/18/2019 2:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:19 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 7:38 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
16.A.9
Packet Pg. 402
BRENTWOOD LAKES
(FKA TWIN EAGLES SOUTH)
LOCATION MAP
16.A.9.a
Packet Pg. 403 Attachment: Location Map (9214 : Bond Release for EWA - Brentwood Lakes)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this otr) da yof
, 2019, between Naples Associates lV, LLLP, a Florida limited liability limited
rtnersh i hereinafter referred to as "Developer," and the Board of County Commissioners of
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pa p,
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.B
(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 Regulatrons and Early Work
Authorization Permit No. PL20180OO2422 (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:
Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
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 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 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, legal and
1
2
3
4
5
6
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $53.680.00.
16.A.9.b
Packet Pg. 404 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)
7
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
executed by their duly authorized representatives lhis Zo^
SIGNED IN THE PRESENCE OF Naples Associates lV, LLLP, a Florida limited
liability limited partnership
By: Na les lV Corporation, a Florida
co ration eneral rtne rits
N ala ne ndez,S ide
Board of County Commissioners of
Collier Co Florida
caused this Agreement to be
day of lab ,2019
Sig n
Printed Name r e./ Slo Lo r-/Byt
Sign
&\r ,.o.,.- (]BZ (
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
714"1--
4
as designee of the County Manager
pursuant to Resolution No. 2015-162
B v
Appr dasto orm and legality
Scott A Stone
Assistant County Attorney
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
16.A.9.b
Packet Pg. 405 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)
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Bond No.: 9642'19933
KNOW ALL MEN BY THESE PRESENTS: that Naples Associates lV, LLLP
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, BL 33323
(hereinafter referred to as "Owner") and Liberty Mutual lnsurance Company
l7-5 Berkley Street
Boston, MA 02116
(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 Fifty Three
Thousand Six Hundred Eighty and no/'l00 Dollars ($53,680.00) in lavdul money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, adminstators, successors and assigns, lointly and severally, firmly by these
presents. Owner and Surety are used for singular or plural, as the context requires.
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
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. P120180002422 and thal
certain Early Work Authorization shall include specific improvements which are required by
Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This
obligation ofthe 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 specific 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, 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 specifi c improvements.
16.A.9.b
Packet Pg. 406 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)
\
Witnesses:
Printed
Naples Associates lV, LLLP by:
Naples lV Corporation, its General Partner
(corporate Seal)
AsALcq 9tau v
,/tr/'N. Maria Menendez, Vice President
Printed Name: ! fr\54'''- g'flZ/rft7 Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY
-THE FOREGOING PERFORMANCE
tQh-,2019, BY N. Maria Menendez
ft*t-*..- S-f=. Jr,-
ME rHrs 4 oo"
RSONALLY KNOWN
io*er lU. L&P Kt
ED BEFORE
WHO IS PE
OF
AS
ME, OR HAS PRODUCED _AS IDENTIFICATION
Notary Public - State of Florida
Printed Name:
WITNESSES:
Printed Name:q,S
TO
(sEAL)
(Corporat q Sgal)
\(.,.
.1,.i, , .,,
Kevn R. Wojtowicz, Attorney-ln-Fact afld
nt
Printed name/Title
Printed Nam
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Pinellas
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31St DAY OF
January, 2019, BY Kevin R. Woitowicz AS Attornev-in-Fact OF Libertv Mutual lnsurance Companv WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION.
Notary Public - State of Florida
IrrclnET ASCIrJt:ffiloilrc6ila
ODEilov. rAte0
EENETTUII,ITIOMlrIY
K, HINIGR.TTJIY
MY C0UMI$SIoI{ r FF 800459
glPtqi$; Juty 13, 20t9
Bonded rrrn llotay Publc Undilftat
(sEAL)
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16.A.9.b
Packet Pg. 407 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7058s99
American Fire and Casualty Company Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company WestAmerican lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporalions duly organized under the laws of
and annoint Edward M. Clark: Laura D. Mosholder
all of the city of Sanford , state of FL each individually if there be more lhan one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WITNESS WHEREOF, this 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
201 5theretothis 16th dayof July
American Fire and Casualty Company
The Ohio Casualty lnsurance Company
Liberty Mutual lnsurance Company
West lnsurance Company
By:
STATE OF PENNSYLVANIA SS
COUNTY OF MONTGOMERY
David M.Secretary
On this 16th day of July 2015 , [sfe1s 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 West American 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 subscribed and affixed my notarial seal at Plymouth Meeting, Pennsylvania,
OF PENNSYLVANIA
By:
Teresa Pastella, Notary Public
Member, Pennsylvania of Notaries
This Power ofAttorney is made and executed pursuant to authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty lnsurance
Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:
powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to afach thereto the seal of the Corporation. When so
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the otficer or officers granting such power or authority.
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execule, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certifed copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding'upon the Company with
the same force and effect as though manually affixed.
on the day and year first above written.
D,*, l,fr//-
tt1!r
l, Gregory W. Davenport, the undersigned, Assistant Secretary ofAmerican Fire and Casualty Company, The Ohro Casualty
West American lnsurance Company do hereby certify that the original power of atlorney of which the foregoing is a full, true and
Companies, is in full force and effect and has not been revoked.
lll TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
and
by said
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16.A.9.b
Packet Pg. 408 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)