Agenda 11/12/2019 Item #16A30 (Release a Performance Bond w/Naples Reeserve Phase One)11/12/2019
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 Numbers 60.100,
PL20120002540; 60.100-1, PL20130002717; 60.100-2, PL20140000342; 60.100-3, PL20150000128
for work associated with Naples Reserve Phase 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
Excavation Permits No. 60.100, 60.100-1, 60.100-2, and 60.100-3 associated with Naples Reserve Phase
One. The As-Built lake cross sections have been received and the lake 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 $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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Bond (PDF)
16.A.30
Packet Pg. 902
11/12/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.30
Doc ID: 10440
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 Numbers 60.100,
PL20120002540; 60.100-1, PL20130002717; 60.100-2, PL20140000342; 60.100-3, PL20150000128 for
work associated with Naples Reserve Phase One.
Meeting Date: 11/12/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/08/2019 3:03 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/08/2019 3:03 PM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/08/2019 3:49 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/08/2019 4:18 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/09/2019 11:31 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2019 8:34 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/14/2019 10:49 AM
Growth Management Department James C French Deputy Department Head Review Completed 10/14/2019 9:41 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/15/2019 4:44 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 9:57 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 2:24 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 11:25 AM
Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM
16.A.30
Packet Pg. 903
NAPLES RESERVE PHASE ONE
LOCATION MAP
16.A.30.a
Packet Pg. 904 Attachment: Location Map (10440 : Excavation Bond Release - Naples Reserve Phase One)
COLLIER COUNTY LAND DEVELOPMENT CODE
PE RFORMANCE BOND NO. CMS0270828
KNOW ALL PERSONS BY THESE PRESENTS: that
SFI NAPLES RESERVE LLC
3232 W. LAKE MARY BLVD.; SUITE 1410
LAKE MARY, FL 32746
(hereinafter referred to as "Owner") and
RL!INSURANCECOMPANY
P.O. BOX 3967
PEORIA, IL 61612-3967
(hereinafter referred to as "Surety") are held and finnly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One Million and 00/100 Dollars
($1 .000.000.00) in lawful money of the United States, for the payment of which sum weil and truly
to be made, we bind ourselves, our heirs, e xecutors, administrators, successors and assigns, jointly
and severally, firmly by these presents. Owner and Surety are used for singular or plural,. as the
context requires.
T�H�E_.CONDJTION_QEJHIS--OBLIGA'l:-IQN-is-suelHhat-·whereas,the-Bwner-has-submitted--for· approval by the Board a certain subdivision plat named Naples Reserve, Phase I 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
commence 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 "Guaranty Period")
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 indenmify 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 "Amendme11t," wherever used in this Bond, andwhether n,ferring to Jhis
16.A.30.b
Packet Pg. 905 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One)
Bond, or other documents shall include any alteration, addition or modification of any character whatsoever.
rN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND TO be executed this 24th day of July, 2013
(Owner's witness and signature block) WITNESS:
�·✓✓�t�
L.iso, T Ca I brJ Printed Name
(Surety's witness and signature block)
---1-----W-ITN E /j �---------·RLI IN SURA NC E COMP:ANY ·
(#r�� -��
Stephen A. Vann Printed Name Lisa Pless, Attorney-in-Fact Printed Name and Title
16.A.30.b
Packet Pg. 906 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One)
(Separate notary acknowledgement for Owner and Surety required)
State of � 'i>A-
County of I ,;Jo\ t
Owner Acknowledgement . ar-£-e foregoing PE�RMAz:.;rcE BOND was \{Yledged before me this--� day of·, 2013 b M,bl::)'i@4as , . of SF! NAPLES RESERVE LLC who
-own to m.e,
has produced ------�JJ-;--1/_IJ-�· ----�-as identification, I
-
State of Georgia
County of Gwinnett
Surety Acknowledgement
Tue-foregoing-PERFelRMKNeE-BOND was aclcnowledgeci before me ffiis 24th day of
July , 2013 by Lisa Pless as Attorney-in-Fact ofRLI INSURANCE COMPA.."'IY who is
personally known to me, OR
has produced ______________ as identification.
WITNESS my hand and official seal
NOTARY PUBLIC-STATE OF GA �--
. Geraldine W. Harris
PRINTED NAME
GERALDINE W. HARRIS
. NOTARY PUBLIC
GWINNETT COUNTY
STATE OF GEORGIA
l8J co: · r ■n _... Fe&vWtY 1, »fl
16.A.30.b
Packet Pg. 907 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One)
RLI. RLI �urcty
P.O. Box 3967 I Peoria, IL 61612-3%7
Phone: (800)645-2402 I Fax: (309)689-2036
www .rlicoq,.com
Know All Men by These Presems:
POWER OF ATTORNEY
RLI Insurance Company
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Lisa Pless, Stephen A Yann, jointly or severally
in the City of Arlanta , State of Georgia its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sigp., execute, acknowledge and deliver for and on its behalf as Surety, the following described.
bond
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (S25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney.in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
ofRLI Insurance Company, and now in force to-wit:
HALI boods, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shalrhave authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of aoy such officer and the corporate seal may be printed by facsimile. 11
IN \VITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ Vu,ic<1sc.Fi:.te1s"SJ1'. dii;enm.t _ with its
corporate seal affixed this 8th day of February 2013
State of Illinois
County of Peoria } ss
On this J!h_ day of Febmazy 2013 , before me, a Notary Public,
personally appeared Boy C Die , who being by me duly sworn. acknowledged that be signed the above Power of Attorwy a.s the aforesaidofficer of the RLI Insurance Company and acknowledged said instrument tobe the voluntary act and deed of said corporation.
By: @uf,: < )Jz. 3�!?A<.,Jacque� Notary Public
"OFFICIAL SEAL•
JACQUELINE M. SOCKlER
COWillSSION EXPIRE8 o:vlli14
JO:UP6JOWJJZ
RLI Insurance Company
CERTIFICATE
I, the undersigned officer of RLI. Insurnncc. CO:mpany, a stockcorporation of the State of Illinois, do hereby certify that the attachedPower of Attorney is in full force and effect and •is. irrev�1e; andfurthermore, that the Resolution of the Company as �t ··f9ra:t in thePower of Attorney, is now in force. fn testimony wh'el'� I haveh�\Q set my hand an1 the seal of'the RU In,urant; �panythi� day of ::;s:... � . Jc:,I ], . �-- : ·. ::
RLI Insurance Company
A0058707
16.A.30.b
Packet Pg. 908 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One)