Agenda 11/12/2019 Item #16A29 (Release a Performance Bond w;Twin Eagles Phase 2B)11/12/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$46,300 which was posted as a guaranty for Excavation Permit Number 60.079, PL20120001414 for
work associated with Twin Eagles Phase 2B - Block 106.
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 Twin Eagles Phase 2B - Block 106. 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $46,300. 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.29
Packet Pg. 896
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.29
Doc ID: 10430
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $46,300 which was posted as a guaranty for Excavation Permit Number 60.079,
PL20120001414 for work associated with Twin Eagles Phase 2B – Block 106.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/07/2019 2:24 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/07/2019 2:24 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/07/2019 2:55 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/08/2019 7:18 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/08/2019 11:44 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2019 8:31 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/15/2019 7:50 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/15/2019 4:33 PM
Growth Management Department James C French Deputy Department Head Review Completed 10/15/2019 5:18 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:26 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/23/2019 9:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:22 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 2:27 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 11:22 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.29
Packet Pg. 897
TWINEAGLES PHASE 2B - BLOCK 106
LOCATION MAP
16.A.29.a
Packet Pg. 898 Attachment: Location Map (10430 : Excavation Bond Release - TwinEagles Phase 2B - Block 106)
COLLIER COLTNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND NO. K08503746
KNOW ALL PERSONS BY THESE PRESENTS: that
TwinEagles Developments AGR, L.L.C.
2000 Avenue Of The Stars, Suite 1020, Los Angeles, CA 90067
(hereinafter referred to as "Owner") and
Westchester Fire Insurance Company
I I575 Great Oaks Way, Alpharetta, GA 30022 (678) 7954316
(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 Forty Six Thousand Three Hundred Dollars & 00/100 Dollars (S46.300.00) 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 subdivision plat named TWINEAGLES. PITASE 28 (Block 106) - Excavation Permit #60.079 and that certain
subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions
(hereinafter "Land Development Regulations"). This obligation of the Surety shall comlnence on the date this Bond is
executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranry Period")
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with
the Land Development Regulations dwing the guaranty period established by the County, and the Ov',ner shall satisfi all
claims and demands incurred and shall fully indemnifu and save harmless the County from and against all costs and
damages which it may suffer by reason of OwneCs 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.
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 rvith 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 6th day of
December.20l2.
LDCA:6
16.A.29.b
Packet Pg. 899 Attachment: Bond Basis (10430 : Excavation Bond Release - TwinEagles Phase 2B - Block 106)
TwinEaglelDgvelopmerf s Aq.!. L.c.WITNESSES:
By
,ltPqi,t Fnd<l-
Printed Name/TitlePrinted t{ame/Title
(Provide Proper Evidence of Authority)fi/i|rut -r i .# \oetfiPrintXdlamq
hU " Chrr\ AcKNowLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE
OF tJ
ME, OR HAS PRODUCED
D WAS ACKNOWLEDGED BEFORE
2 BY (NAME
ME THIS DAY
oF L. ur . Fr ,./*Q I U$
AS OF (NAME OF COMPANY) WHO
AS IDENTIFICATION.
IS PERSONALLY
Iw 'n€aci\cs l)
KNOWN TOlvLLoPyYJ'f ff(r|(-u{-al-? t Lr'Notary Public - I
(SEAL)
O,,11l $L,
State of
><a I
hr [o-Printed
No. W035301
Attorney-ln-Fact
ACKNOWLEDGMENT
STATE OF Alabama
COUNTY OF Jefferson
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th
DAY OF December. 2012, BY Ben Thomoson. AS Attomey-ln-Fac1 OF Westchester Fire
tnsurance company. wHo ls PERSoNALLY KNOWN TO ME. OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of Alabama
(sEAL)
Traci L. Helms Cl r*e
',,wrTNElSES:ce CompanyFi
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Comrnltrlon , ,975tal
t{otrry hrbllc - Cdllornlt
Los Angtlot Counly
OLUTOLA
Comm.
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16.A.29.b
Packet Pg. 900 Attachment: Bond Basis (10430 : Excavation Bond Release - TwinEagles Phase 2B - Block 106)
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Power of wEsTcHESTER FIRE TNSURANcE coMpANy
Anorney
Know ell mcn by lbcrc prcr.[tr: That WESTCHESTER FIRE INSURANCE COMPANY, a corporatiofl of the Commonwealth of Pennsylvania pursuant to the
following Rcsolution, adopEd by the Boand of Duectors of the said Company on December I I , 2006, lo wit:
"RESOLVED, thi dE follo*iit authszllw rdrE b rh. Grt6, ffi nd o Drhdf of lhc Coftp[y, of bordr, bdctutirit, .sortrirtE, tursE ud olhs *rino comil,@s of lrE Cmp$y
atald irc0! qdinn-v 6w of tBrlB (ct . '.l{|nth Co|Mmt")i
(l) Erh of tE Chailrm, thc PGidol rd 6! Vic. Prr'dfiB ollhc Cmpoy ar hcEby luthorizrd lo rxsdc ny Writto ComiftBr for id o hdrrlf of 0F Comprl'. uda tho rcd of hc Compey d
ofirNl!a
n*h rior ir nttuirrt by tl* fxml of rottcu povdld for in rwh p.6dt $ ntlla.ppointmor r iwh fiotrrc)'in-fel
firll.pow4ud a$orit !o CxEulc, fq ed 6 tdrrlI of ftc CffTuy, urd6 tE rld o( tha ConpB I ohcmira lu.fi Writra Conrilmts of [E Compey c my bc lpcificd rn swh eih
rppornml wtrictr rpcoricffi m) bG by gwd DpG or clar ofwnno CorultmB d b rpcrfido of oc q mr. paiticrdr Writto CommllMts
(4) E$h of lha ChaitrM, 0E Pcidat ud Vic.
'raidaB
of 6r Comp$y rn hdrh' .udr6r!d, for ad o b.hdf of lh. ConpaS'. to drlcgru in untrng ny olhcr omer of lhr Compsy 0E rdhorit) b
q6uk, for rd on b.h.lf of 0lc Compay, bdd $c CompDy'r r€d d odHIi.., .u.i WnM ColmmB of fir Compey 6 {r lpocrficd in ruch $riso del.ldim, uhrch 5peiridion mI b. by
gffrl tyr. q cl8 of Wnk Commfiau d by rpqlfioso of ffi or mF pdiculu Wntta Comilm6
(5) Ttc rigamcol uy ottiF d odrs Dsrm rcutitr! ht wffi Cglmhdl o! lppqtsBr or d.lctrllo FrE@t b thE RBoIeon, ud rh! sd of $c Compey, oiy bc.I[xcd by fEiimih fi lwh
Wdffi Comil|mtry wifa.ppomtrEl o dcliB{i6
FURTHEI RESOLVED, h.r {E forlBolry Rodsoo rhdl nd bc dcmd b bc I .rclliyc rlltaat ot $r po$!B Dd t{hority of om€E. lllplot'* ud oths pcnm to s fs ud on b.hrlf of 0E
Corvtll,, md edr n*ddiu ,hdl rct limit gt olhcryirs qffoc! 0E 6*rr of u] rqi Dows or Mhontv olh.sls valdly gmtld or rqtcd
Does hcreby nominate, constitute and appoint Ann Harnby, BEN THOMPSON, Debbie Higginbotham, Joel Cannon, R. Hardy Mitchell, Susan C Gardner, all of the
City of BIRMINGHAM, Alabama, each individually if there be more thsn one named, rts true and lawful anomey-in-fact, to make, execule, seal and deliver on its
behalfi, and as its act and doed any ard all bonds, undertalings, recognizances, contracls 8nd other writings in the nature thereof in penalties not exceeding Fifteen
million dollars & z€ro cents ($l 5,000,000,00) and the execution ofsuch wntings in pursuance of these presents shall be as binding upon said Company, as fully and
amply as ifthey had bcen duly exccut€d and ac*nowledged by the regularly elecrcd olllcers ofthe Company at its principal office,
lN WITNESS WHEREOF, the ssid Stephcn M. Haney, Vice-President, has hereunto subccnbed his name and aflixed the Corporate seal of the said WESTCHESTER
fIRE INSURANCE COMPANY lhis 26 day of July Xl2.
WESTCHESTER FIRE INSTIRANCE COMPANY
m
lqh.. M. Ilrlr. VhG hdart
COMMONWEALTH OF PENNSYLVANIA
COT NTY OF PHILADELPHIA ss.
On this 26 day of July, AD: 2012 before me, a Notary Public of the Commonwealth of Pennsylvania in and for th County of Philadelphia came Stephan M.
Haney ,Vie-hesidentof the WISTCHESTER fmB INSURANCE COMPANY to me personally known to bc the individual and offrcer whoexecuted the
preccding instrument, and he acknowkdged &at he executed the same, and that the seal affixed to the prcceding instrumenl is the corporate seal of said Company; that
the sEid corporats seal and his signature were duly allixed by the authority and direction ofthe said corporation, and that Resolution, adopted by the Board of Directors
ofsaid Company, refened to in the preceding instrumcnl, is now in force.
lN TESTIMONY WHEREOF, I have hsreunto s€t my hand and atlxed my offrcial seal at the City of Philadelphia the day and year first above wrinen.
Lrt.r, hirtl&
I, thc undersiBned Assistant Secret&ry of the TilESTCHESTER FIRE INSLIRANCE COMPANY, do hcreby certifu thal the original POWER OF A'ITORNEY, of
which the foregoing is a substantrally true nnd correct copy, is in full force and ellect.
In witness wh€reof, I have hereunto subscribed my name rs Assistant Secretary, and affixed the corporate scal of the Corpomtion, this6thday .,i ibcgrlijOr". 2012
THIS POWER OF AITORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER JuIy 26,2014.
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I rHE BAGK oF THts DoCUMENT LtsrsvARtous sEcuBtw FEATURES I rHAT wrLL pRorEcraGAINST copy couNTEBFEtr aND ALTERATI9N. I
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16.A.29.b
Packet Pg. 901 Attachment: Bond Basis (10430 : Excavation Bond Release - TwinEagles Phase 2B - Block 106)