Agenda 09/10/2019 Item #16A14 (Abaco Pointe Perfromance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$59,500 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180001531) for work associated with Abaco Pointe (F.K.A. 951 Villas).
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
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 Abaco Pointe (F.K.A. 951 Villas) PPL,
(PL20180001040). On March 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 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 Cash Bond in the amount o f
$59,500. 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.14
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09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 9601
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $59,500 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180001531) for work associated with Abaco Pointe (F.K.A. 951 Villas).
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/12/2019 4:22 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/12/2019 4:22 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/12/2019 5:09 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/16/2019 9:41 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:23 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/17/2019 9:46 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:57 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:17 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:06 PM
Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:13 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:02 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:21 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:41 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.14
Packet Pg. 564
ABACO POINTE (F.K.A. 951 VILLAS)
LOCATION MAP
16.A.14.a
Packet Pg. 565 Attachment: Location Map (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
EARLY WORK PERFORMANCE AGREEIMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 5r day of
Ara,tl-', 2018, between Toll FL Xlll Limited Partnershio hereinafter referred to as
"Develop er," and the Board of County Commissioners of 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 Regulations and Early Work
Authorization Permit No. P120180001531 (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.
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $59,500.00.
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 writrng 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
2
4
6
5
16.A.14.b
Packet Pg. 566 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
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.
TOLL FL XIII LIMITED PARTNERSHIP
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 5l s' day of AuJr,s t ,2018
SIGNED IN THE PRESENCE OF
Sign:
Printed Name
Printed Name
ATTEST
Crystal K. Kinzet,CLERK
Clerli
{z
Printed Name/Title l/-,; &v--
(President, VP, orCEO) {n. .ttn lc.s,bla*k
Provide Proper Evidence of Authority)
BOARD OF COLTNTY COMMISSIONERS
OF
By:
COUNTY, FLORIDA
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
Approvefl as toform and legality
--_{J--- ,(ffi
Assistant County Attorney
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16.A.14.b
Packet Pg. 567 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
BOND NO, SUl 152794
KNOW ALL PERSONS BY THESE PRESENTS: that
TOLL FL XIII LIMITED PARTNERSHIP
24201 WALDEN CENTER DR, #204, BONITA SPRINGS, FL341U
(hereinafter referred to as "Ownei') and
ESSES TOLL FL XIII LIMITED PARTNERSHIP
BY: TOLL SOUTHEAST LP COMPANY, lNC.,
Printed N ame @tE"-a Delaware corporalion
General Partner
i.
ted Name
Ma u 7
By:
Name:
Titte: s..r.... 116 fi.dM
PERFORNIANCE BOND
FOR EARLY WORK AUTHORIZATIONS
ARCH INSURANCE COMPANY
3 PARKWAY SUITE ,I5OO PHILADELPHIA. PA 19102
(215)-606-1650
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the tolal aggregate sum of Fiftv-Nine Thousand. Five Hundred Dollars and Zero Cents ($59108!Q) in
lalvful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administralors, 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 Early Work Authorization Permit No. PL20180001531 and thal ce(ain Early Work Aulhorization shall include
specific improvemenls 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 specilic improvements described
in the Land Development Regulations, or until issuance of a subsequent final development order such as a 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, lruly and faithtully perform its obligations and duties in accordance
with the Land Developmenl Regulations during the guaranty period established by the County, and the Owner shall
satisry all claims and demands incuned and shall fully indemnify and save harmless the County from and againsl all
costs and damages which it may suffer by reason of Owneas 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 effecl.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulales 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 nolice 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 aulomatically and
immediately, without formal and separate amendments hereto, so as lo bind the Owner and the Surety to lhe 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 whalsoever.
^lNrr'r'lTNESS
WHqFEOF.,the parties hereto have caused this PERFOR[4ANCE BOND to be executed thisa, f ') day ot ,tqltf , 2018 .
I
16.A.14.b
Packet Pg. 568 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
STATE OF F\ar,l,,
COUNry OF L<-Q
E FOREGOING PERFO
201 BY
R HAS CED
Notary Public - State of 1-\.af lA -,
ACKNOWLEDGEMENT
B D
(NAME OF AC
OF TOLL FL XIII LIMITED PARTNERSHIP WHO IS
AS IDENTIFICATION.
ACKNoWLEDGED BEFoRE ME rHrs A7H"OF
AS
(sEAL)
WITNESSES:ARCH I MPANY
Lois E. Eshleman - Witness
Printed Name
Daniel P. Dunigan, Attorney-in-Fact
Printed Name/Title
(Provide Proper Evidence of Authority)
Kelly,
Printed Name
ACKNOWLEDGMENT
STATE OF PA
COUNTY OF CHESTER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 22 ND DAY OF AUGUST,
2018, BY DANIEL P. DUNIGAN AS ATTORNEY-IN-FACT OF ARCH INSURANCE COMPANY WHO IS
PERSONALLY KNOWN TO ME.
Notary Public - State of Pennsylvania
OF
NOTARIAL sEA!
ARI"ENE 05TR0FF, Notary pubilc
W_lltlstown Townshlp, Chester County
My Commlslon Explres December 3, 2020
(sEAL)
Printed Name - Arlene Ostroff rJ
!:,.t'
l!
IHERES^A"MI.LOY -__lI
MY coMMtsstoN r FF 93e2gs ll
EXPTRES: March 22,2020 ll8onffi Tho l.,toEypuU*Unannm ll
16.A.14.b
Packet Pg. 569 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
Arc 0000244809
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLUE BACKGROUND.
This Power of Attorney timits the acts of those named herein, and they have no authority to bind the Company excePt in the
manner @ to the extent herein staled. Not valid for Note, Loan, Letter af Credit, Currency Rate, lnterest Rate or Resldential
Value Guaraitees.
POWER OF ATTORNEY
Know All Persons By These Presents: ::
That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Brian C. Block, Daniel P. Dunigan, James L. Hahn, Joseph W. Kolok, Jr., Richard J. Decker and William F. Simkiss of Paoli, PA
(EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninetv Million Dollars ($90,000.000.00).
This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15,2011 , true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
pro@ss."
This power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15' 2011:.
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15,2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
00M10013 00 03 03
il
Page 1 of 2 Printed in U.S.A.
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Packet Pg. 570 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
Atc 0000244809
ln Testimony whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 2nd day of Mav, 2018.
Attested and Certified Arch lnsurance ComPanY
Patrick K., Secretary
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
purposes therein set forth
M.Executive Vice President
Itt k*!r'f**
.t;
l, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose nur"r ,r" respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a
Corporation organized and existing under the laws of the Statsof Missouri, subscribed to the foregoing instrument, appeared before me
this day in perion and severally icknowledged that they being thereunto duly authorized sign-ed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of siiO corporation and as their own free and voluntary acts for the uses and
i, Notary Publi
My expires 07/31
CERTIFICATION
l, patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Mav 2, 2018
on behalf of the person(s) is listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full foice and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch lnsurance Company.
lN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch lnsurance Company on
this22Nn day of AUGUST , 20 18 .
Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM ]NQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch lnsurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
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16.A.14.b
Packet Pg. 571 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
DECEMBER 31 ,2017
Assets
Cash in Banks
Bonds owned
Stocks
Premiums in course of collection
Accrued interest and other assets
TotalAssets
Liabilities
Reserve for losses and adjustment expenses
Reserve for unearned premiums
Ceded reinsurance premiums payable
Amounts withheld or retained by company for account of others
Reserve for taxes, expenses and other liabilities
Total Liabilities
Surplus as regards policyholders
Total Surplus and Liabilities
By:Attest:
r Vice President, Chief Senior Vice President,
General Counsel and Secretary
$ t+t,6s4,914
$ 2,483,719,500
$ 446,092,98s
$ 377,197JsZ
$ 472,600,616
$ 3,921,865,167
401,697,196
363,948,898
1,449,246,931
214,539,977
562,652,882
2,992,085,794
929,779,383
$ 3,e21,865J 67
$
$
$
$
q
Financial Officer and Treasurer
State of New.Jersey )
County of Hudson ;)
SS
Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and
Patrick Kenneth Nails, Senior Vice President, General Counsel and Secretary being duly
of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct
statement of financial condition of said company, as of December 31 ,2017 .
sworn,
,&
Subscribed and sworn to before me, this 5' day of March, 2018 MARY E. KEATII.IG
TSTARY PtHjC tr F'EWJffiSY
tD f 9449028
** ftrrnfodm FqJrE$ g/k?l $
Notary Pubtic t
t
-61
16.A.14.b
Packet Pg. 572 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))