Agenda 09/10/2019 Item #16A12 (Winding Cypress Phase 2 Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$1,000,000 which was posted as a guaranty for Excavation Permit 60.101, PL20130001373 for work
associated with Winding Cypress Phase One; Excavation Permit 60.101-1, PL20140001878 for
work associated with Winding Cypress Unit Two, and Excavation Permit Number 60.101 -2,
PL20150001600 for work associated with Winding Cypress Phase 2.
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
Excavation Permits associated with Winding Cypress Phase One, Winding Cypress Unit Two, and
Winding Cypress Phase 2. 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performa nce Bond in the
amount of $1,000,000. 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. Bond Basis (PDF)
2. Location Map - Winding Cypress Phase One (PDF)
3. Location Map - Winding Cypress Phase 2 (PDF)
4. Location Map - Winding Cypress Unit Two (PDF)
16.A.12
Packet Pg. 546
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 9675
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $1,000,000 which was posted as a guaranty for Excavation Permit Number 60.101 -1,
PL20140001878 for work associated with Winding Cypress Unit Two, and Excavation Permit Number
60.101-2, PL20150001600 for work associated with Winding Cypress Phase 2.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/24/2019 3:41 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/24/2019 3:41 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/24/2019 4:19 PM
Growth Management D evelopment Review Brett Rosenblum Additional Reviewer Completed 07/26/2019 10:24 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/26/2019 4:13 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/30/2019 9:26 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/30/2019 9:38 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/05/2019 3:37 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/07/2019 3:10 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/08/2019 8:56 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/20/2019 3:47 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 4:52 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:36 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 3:17 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:36 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.12
Packet Pg. 547
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond# 59BSBGL2797
KNOW ALL PERSONS BY THESE PRESENTS: that
DiVosta Homes, LP
(hereinafter referred to as "Owner'') and
(Hartford Fire Insurance Company)
(1 Hartford Plaza, Hartford, CT 06115 860-547-5000)
(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 ONE MILLION FIVE HUDNRED EIGHTEEN
THOSUAND SEVEN HUNDRED TWENTY ONE AND 00/100 Dollars ($1,518,721.00) 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. Exp (pO. IO I {associated with PL20130001373,
Winding Cypress) and that certain excavation permit shall include specific improvements which are
required by Collier County Ordi nances 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 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 30th day of June, 2014.
WITNESSES: DiVosta Homes, LP
By�Ll Bryce Langen. Assistant Treasurer
16.A.12.a
Packet Pg. 548 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
ACKNOWLEDGEMENT
STATE OF _GEORGIA. ___ _ COUNTY OF FULTON
. : ' . . :-� $ �-� � •i. . THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 30th DAY O.F\'�r.-,'. . June 2014, BY Bryce Langen AS Assistant Treasurer OF Pulte Home Corporation WHO :�§; :;:,i,:'� ... PERSONALLY KNOWN TO ME. ,..._.�-:!����._. ... ._..._ _ .;o··;:-9,:\
Nora�Public-Srateof GEORGIA
-�7,2D11 ---�,s:{tfl
WITNESSES: , .. ;,���,':t_�:�,;�tff.::. 'i, ..::,rtfoo�;= c��':>_.--,,�1�
-• ft ·• ...... -�---:: _-,.; --�::.-::: '.� ... _ . ' �- �- -:�:�:-
�-. --· ., ,,,"'�··) -. --;.. ' ... ' .:. . .
---� .... _ :_ • ✓ Printed Name/Title Virginia Erickstirf;·A�=th-'.:
Fact · · -.---_�r · ·· · ,.-
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF ARIZONA COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 30th DAY OF JUNE 2014, BY (VIRGINIA ERICKSON, ATTORNEY-IN-FACT OF HARTFORD FIRE INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME.
Notary Public -State of Arizona
't(t!Au&�-Printed Name Karen W. OBrien
I 4-EIS-02650/7
·.,;: ... ICalWIW.O'Brlen ,< NOTARY PUii.iC • ARIZONA ; MARICOPA COUNTY My COfl'lf'Nlaian Expir" November 08, 2016
(SEAL)
16.A.12.a
Packet Pg. 549 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
POWER OF ATTORI\TEY
D lr*1 ln q ui fi eslolai ms to :
THE HARTFORD
Bond T-4. Ono Hafttot{ Plaa
Haiford, Connectlcut 061 55
car,.' 888.266-3488 orfax: 860-757.5835)
KNOWALL BYTHESE PRESENTS Agency Code: 59-30016 I
x
x
Hartford Flrc lnsurance Gompany, a corporation duly organized under the laws of the State of Connecticut
Hartford Casualty lnsurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accldent and lndemnity Company, a coryioration duly organizcd und€r the laws ofthe State of Connecricut
Hartford Undenvrlterc lnsurancg Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire lnsurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford lnsurance Company of lllinois, a corporation duly organized under the laws ofthe State of Illinois
Hartford lnsurance Gompany of the lridwest, a corporation duly organizcd under the taws of the State of Indiana
Hartford lnsurance Company of the Southeas! a corporation duly organized under thc laws ofthc State of Florida
having their home office in
up to the amount of TJn
Hartford, Connecticr.rt (hereinafter cilllectivelylimited :
refened to as the "Companies") do hereby make, constatute and appoint,
Virginia Erickson, Jessj-ca Hollaender of PHOENIX, Arizona
their true and lauftrl Attorney(s)-in-Fad, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated
above by EL and to execute, seal and acknowledge any and all bbnds: unttertakings, contracts and other wfittei instruments in ne nituie tn6reof, on behalf
of the Companies in their business of guaranteeing the fittelity of persols, guaranteeing the performance of contrac{s and executing or guaranteeing bonds
and undertakirEs required or permitted in any actions or proceedings alloraed by law.
ln Witness Whereof, and as authoriz{ by a Resolution of the Board of Dircc{ors of the Companies on August 1, 2009, the Companies have
caused these presents to be signed by its Mce President and its corporate seals to be hereto afixed, cluly attested by its Assistant Secretiry. Further,pursuant lo Resolution of the Board of Directors of the_ Companies, the Companies hereby unambiguously -affirm that they are and will be Uountt by any
mechanically applied signatures applied to this Power of Atorney.
@ffi@ffi@ffi@
%l*2 *r
Wesley W. Cowling, Assistant Secr€tary M. Ross Fisher, Mce Pr€sident
{"*l't**;T:)l^'6*" 1
Kathlcm T. Maynard
Notary Public
My Commission Expircs July 3l , 2016
above and foregoing is a lrue and correst copy of the power
STATE OF CO]IilECNCUT
COUT{TY OF IIARIFORD
ss. Hartfordl
CERTFICTTE
I, the undersigned, Mce President of the Companies, OO HEREBY CERT|FY that the
of Attorney executed by said Companies, which is still in full force effective as of e tel tn^1 t.
Signed and sealed at the City of Hartford, vt rrt LvL+
POA 2012
@@ffi
, Vice President
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-
16.A.12.a
Packet Pg. 550 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
SURETY RIDER
Hartford Fire lnsurance Company
To be attached to and fonn a part of
Bond No. 59BSBGL2797
Effective Date: June 3A,2014
Bond Amount: $1,518,721 .00
Executed by: DiVosta Homes, LP
,as Principal
and by: Hartford Fire lnsurance Company
, as Surety
in favor of: Collier County
(Obligee)
Project: Winding Clpress
in consideration of the mutual agreements herein conlained, the Principal and the
Surety hereby consent to the changing:
Decrcasc AmountFrom: $1,518,72'1.00To: $1,000,000.00
All other terms and conditions remain in full lorce and effect,
This rider is effective: June 30, 2014
Signed and Seated: July 17,2014
Homes, LP
By:
Principal: Bryce Assistant Treasurer
Surety:Hartford Fire
By:0
16.A.12.a
Packet Pg. 551 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
COLLIER COUNTY
Growth Management Division
December 8,2014
Michael T. Herrera, P.E.
J.R- Evans Engineering, P.A.
23150 Fashion Drive Ste 242
Estero, FL 33928
Re Development
Excavation Permit No. 60.101-1, PL20140001 878
Winding Cypress Phase 2
Section 2/35, Township 51/50 South, Range 26 East
Collier County, Florida
Dear Applicant:
THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE
In accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article lV, Sections22-106-22-119, as amended, your application for a'Developmenf'Excavation is hereby approved
subject to the following stipulations:
1' The excavation for Lake 58 shall be limited to a bottom elevation of -14.3 ft. NAVD. A[ disturbed
areas proposed for lake excavation 58 shall be excavated to a minimum elevation of -3.3 ft. NAVD.
The excavation for Lakes 6-4 and 6-5 shall be limited to a bottom etevation of -1S.3 ft. NAVD. Alldisturbed areas proposed ficr lake excavations 6-4 and 6-5 shall be excavated to a minimum
elevation of -4.3 ft. NAVD.
2. No excavated material shall be removed from the project site.
3. The lake littoral zone shall be created and planted as indicated on the plan of Record and in
accordance with Gounty ordinance 91-102 section 3.0s-10 as amended.
4. All provisions of Collier County Ordinance No. 04-55, Section 2.E. shall be adhered to.
5' \A/here groundwater is proposed to be_pumped during the excavating operation, A Dewatering
Permit shall be obtained from the South Florida Water Mlnagement Dist-rict, and a copy provided t5Engineering Review Services for approval prior to the commencement of any oewateiinj activity on
the site.
6. No blasting will be permitted unless issued a separate permit by Collier County Engineering. Services Department.
7. lf trees are to be removed as a result of the excavating operation, a Vegetation Removal permit,
required by Land Development Gode, Division 3.05 ai amended shail -be obtained ftom Colliercounty Environmental services Department before work shall commence.
8.A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 1.access easement to it shall be provided from a right-of-way. The easement shall be accessible toall maintenance vehicles.
16.A.12.a
Packet Pg. 552 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
Since we are in receipt of the excavation performance bond guarantee # 59BSBGL2797 (fromPL20130001373) in the amount of $1,000,000.00 and the permiUreview fee in the amount of $2,3i1.34this letter is your authorization to proceed with the excavation project in accordance with your plans and
the above-mentioned stipulations.
This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance.
The Plan of Record for this excavation is titled 'Winding Cypress - Unit Two", Sheets 01-.10 of 10 and 1-2
of 2, prepared by Michaelrhomas Herrera., signed and sealed November z,2au.
-Sl':ytO
you have any further questions regarding this matter, please feel free to contact me al (239) 252-
8275
Sincerely,tu /4
Matthew McLean, P.E.
Principal Project Manager
cc,EX 60.101-1, P120140001878 Fite
16.A.12.a
Packet Pg. 553 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
COLLIER COUNTY
Growth Management Department
Engineering Services Division
December 14,2015
Daniel Hartley, P.E.
J.R. Evans Engineering, P.A.
9351 Corkscrew Rd Suite 102
Estero, FL 33928
Re Development
Excavation Permit No. 60.101-2 PL20150001600
Winding Cypress Phase 2 (EX)
Section 35, Township 50 South, Range 26 East
Collier County, Florida
Dear Applicant:
THIS IS YOUR PERMIT AND MUST BE POSTED ON SITE
ln accordance with the authority given in County Ordinance No. 04-55, Section 2.E., Article lV, Sections
22-106-22-119, as amended, your application for a Development Excavation is hereby approved subject
to the following stipulations:
The excavation shall be limited in Lakes 11-1 thru 11-7 to a bottom elevation of -14.6 ft. NAVD and
for Lakes 10-1 thru 10-5 to a bottom elevation of -15.0 ft. NAVD. All disturbed areas proposed for
lake excavations on Lakes 11-1 thru 11-7 shall be excavated to a minimum elevation of -2.6 ft.
NAVD and for Lakes 10-1 thru 10-5 to a minimum elevation of -3.0 ft. NAVD.
No excavated material shall be removed from the project site.
The lake littoral zone shall be created and planted as indicated on the Plan of Record and in
accordance with County Ordinance 91-102 Section 3.0S-10 as amended.
All provisions of Collier County Ordinance No. 04-55, Section 2.E. shall be adhered to.
Where groundwater is proposed to be pumped during the excavating operation, A Dewatering
Permit shall be obtained from the South Florida Water Management District, and a copy provided to
Engineering Review Services for approval prior to the commencement of any dewatering activity on
the site.
No blasting will be permitted unless issued a separate permit by Collier County Engineering
Services Department.
lf trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit,
required by Land Development Code, Division 3.05 as amended shall be obtained from Collier
County Environmental Services Department before work shall commence.
A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft.
access easement to it shall be provided from a right-of-way. The easement shall be accessible to
all maintenance vehicles.
1
2.
3.
4.
5.
6
7
8.
16.A.12.a
Packet Pg. 554 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
I lssuance of a development permit by a county does not in any way create any rights on the part of
the applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law. This permit is conditioned on all other applicable state or federal
permits being obtained before commencement of the development.
Since we are in receipt of the excavation performance guarantee rider to Bond No. 59BSBGL27g7 in the
amount of $1,000,000.00 and the permiUreview fee in the amount of $8,701.50, this letter is your
authorization to proceed with the excavation project in accordance with your plans and the
above-mentioned stipulations.
This permit is valid for (1) year and must be renewed on the anniversary date of permit issuance.
The Plan of Record for this excavation is titled "Winding Cypress Phase 2 Plans and Plat", pages 1, 3,
12-17 and 33-34 of 40, prepared by J.R. Evans Engineering, P.A., signed and sealed by Daniel Cote
Hartley, P.E. on 10116115.
9l'g{9_yo, have any further questions regarding this matter, please feel free to contact me at (239)
252-8279.
Sincerely,
?//aa2/tc/.ea,t
Matthew Mclean, P.E.
Principal Project Manager
cc: EX 60.101-2, P120150001600 Fite
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Packet Pg. 555 Attachment: Bond Basis (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
WINDING CYPRESS PHASE ONE
LOCATION MAP
16.A.12.b
Packet Pg. 556 Attachment: Location Map - Winding Cypress Phase One (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase
WINDING CYPRESS PHASE 2
LOCATION MAP
16.A.12.c
Packet Pg. 557 Attachment: Location Map - Winding Cypress Phase 2 (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)
WINDING CYPRESS UNIT TWO
LOCATION MAP
16.A.12.d
Packet Pg. 558 Attachment: Location Map - Winding Cypress Unit Two (9675 : Excavation Bond Release - Winding Cypress Phase One, Unit Two and Phase 2)