Agenda 12/10/2019 Item #16A25 (Performance Bond Release - The Antilles)12/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$62,460 which was posted as a guaranty for Excavation Permit Number PL20160000766 for work
associated with The Antilles.
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 The Antilles. 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 $62,460. 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.25
Packet Pg. 1861
12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 10646
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $62,460 which was posted as a guaranty for Excavation Permit Number PL20160000766
for work associated with The Antilles.
Meeting Date: 12/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/23/2019 8:56 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
10/23/2019 8:56 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/24/2019 9:00 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/24/2019 2:12 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/29/2019 12:19 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/04/2019 10:53 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/06/2019 3:18 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/08/2019 8:21 AM
Growth Management Department James C French Deputy Department Head Review Completed 11/08/2019 5:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/15/2019 9:58 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/15/2019 3:52 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2019 10:09 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2019 10:51 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/20/2019 9:35 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/26/2019 9:32 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.A.25
Packet Pg. 1862
THE ANTILLES
LOCATION MAP
16.A.25.a
Packet Pg. 1863 Attachment: Location Map (10646 : Excavation Bond Release - The Antilles)
EXCAVATION PERFORI/ANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 24Lh lvy sf
April . 20 1 8 between Jlr,4D Development & lnvestments LLC hereinafter referred to
as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20160@166 (60.1 38)
(the "Excavation 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 Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
s Exhibit "A" and by reference made a part hereof) in the amount of
62 , 460 .0O
a
$
a
4
o
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
securlty to insure satisfactory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
the County that the Excavation Work is complete and the final Excavation Work
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notify Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation 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 excavation performance securily to secure satisfactory
completion, repair and maintenance of the Excavation 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,
5.
16.A.25.b
Packet Pg. 1864 Attachment: Bond Basis (10646 : Excavation Bond Release - The Antilles)
)
the Excavation Work. The Developer, as principal under the excavation
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 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 caused this Agreement to be
executed by their duly authorized representatives this 24thay of April 2018 .
7
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(Name of Entity)
lr\bPrinted Name l"
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
App AS and legality:
Scott A. Stone
Assistant Cou nty Attorney
Printed
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF
By:
c
as designee the County Manager
pursuant to Resolution No. 2015-162
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16.A.25.b
Packet Pg. 1865 Attachment: Bond Basis (10646 : Excavation Bond Release - The Antilles)
€vL,b,* A
Bortci No. FL 84 7 31 p6SFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
JMD DEVELOPMENTS & INVESTMENTS LLC
940 CAPE MARCO DRIVE, UNIT #2506
MARCO ISLAND, FL 34145
(hereinafter referred to as "Owner") and
Merchants Bonding Conl)any
6 /CC Westown Parklray
West Des Moines, IA 50:166
(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 ixtv two thousand four hundred and sixtv Dollars
($62.460.00) in laMul 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. PL20'160000766 (60.'138) and that certain excavation permit
shall include specific improvements which are required by Cotlier County Ordinances and Resolutions
(herelnafter "Land Development Regulations"). This obligation of the Surety shall commence on the date
this Bond is executed and shall continue unlil 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 24lh day I 20i8of Acr
Owner Name and Title if Co rporation)
By:
JIV.Developmenl:s I Investments LLC
940 C:ape Marco Drive, Unit +:i5C6
tYl,ne
Priated Name Y
Yarco 1s 1a 11c . FL 1174:'
Printed Name/ritb VlX,tlUO ftibA
(Provide Proper Evidence of Authority)
uttlrr.
rkaua.l;,gV'tWvfuf
WITNESSES:
16.A.25.b
Packet Pg. 1866 Attachment: Bond Basis (10646 : Excavation Bond Release - The Antilles)
*LwNuui,tr-
Printed Name
Wrb rs pens
Notary Public - State of
tlu45o 0w.
ACKNOWLEDGEMENT
OWN TO ME, OR HAS PRODUCED
AS (TITLE) OF (NAME OF COMPANY)
AS IDENTIFICATION.
utLLl oav orEGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THISTHE FOR
kon-l'BY (NAME OF ACKNOWLEDGER)
(SEAL)
WITNESSES:
'"tJ
ql.-r-O
Ir,1 rS
(Surety Name and Title if Corporation)
By:Ye rcli a rr t s Bond ino Co
Printed Nam
npa il v
Printed Name/Title 'tli ncthy Brunkhorst
(Provide Proper Evidence of Authority) At1:,1::ney- i n - F act
ACKNOWLEDGMENT
bo",.,A,.?c.ro, t+
Printed Name
STATE OF Trw
couNrYor .4i /-
FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORETHE4Drt'l , 20' I E, ev (NAME oF AcKNowLEDGER) AS (TlrLE) oF
wHd rs peRsotrALLy KNowN To ME, oR HAS PRoDUCED
Notary Public - State of
METHIQffiAY OF
(NAME OF COMPANY)
AS IDENTIFICATION,
'.Ht
Printed Name
[15 LDS-01654/1153600/1]
srArEoF 'ta,awcouNrvor-----ffiF
':..:
'a*'
A9HLEY
Comm:ssion
W
J.KELLI
My
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16.A.25.b
Packet Pg. 1867 Attachment: Bond Basis (10646 : Excavation Bond Release - The Antilles)
MrncrraNT-F\
BONDING COMPANY.,
POWER OF ATTORNEY
Know All Persons By These Presents, thal MERCHANTS BONDING COMPANY (IVIUTUAL) and MERCHANTS NATIONAL BONDING, lNC.,
bolh being corporations of lhe Stale of low a (herein collectively called th e "Com pa n ies") d o h ereby ma ke, constitu le and appoint, ind ivid ua lly,
Jefirey A Rucker; Linda Adamst limothy P Brunkhorst
their kue and lawful Attorney{s)-in-Fact, to sign ils name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other writlen instauments in the nature thereot on behalf oI the Companies in their business of guaranteeing the fidelity
ofpersons, guaranteeing the performance of conlracts and execlling or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
This Power-of-Atlorney is granled and is signed and sealed by facsimile under and by aulhority of the following By-Laws adopted by the Board
of Direclors of tulerchanls Bonding Company (Mutual) on April 23,2011 and amended Augusl 14, 2015 and adopted by the Board of Directors
of Merchants National Bonding, lnc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistanl Secretary or any Vice President shall have power and authority
to appoint Attomeys-in-Fact, and lo allhorize them lo execule on behalf of the Company, and attach the seal of the Company thereto, bonds and
underlakings, recognizances, conlracts of indemnity and otherwritings obligalory in the nature thereoi"
"The signature of any authorized ofllcer ahd the seal of the Company may be afllxed by facsimile or eleckonic taansmission lo any Power of Altorney
or Certification thereof authorizing lhe execulion and delivery of any bond, unde(aking, recognizance, or other suretyship obligations of the
Company, and such signalure and sealwhen so used shall have the same force and effecl as though manually fixed."
ln connection with obligations in favor ofthe Florida Department of Transportation only. it is agreed that lhe power and aut hority hereby given to the
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or 6nal estimales on engineering and conslruclion
contracts requked by the State of Florida Departmenl of Transportation. lt is tully understood that consenting to the State ofFlorida Depadmenl
of Tra nsportation making payment of the fina! estimate to the Contractor and/or its assignee, shall not relieve lhis surety company of any oI
its obligations under its bond.
ln connection with obligations in favor of the Kentucky Departmenl of Highways only, il is agreed thal the power and authority hereby given
lo the Attoaney-in-Fact cannol be modilled or revoked unless prior writlen personal notice of such inlent has been given to the Commissioner-
Oepartment of Hiqhways of the Commonwealth of Kenlucky al least thirty (30) days prior to the modification or revocation.
lnWtness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of August , 2017
,;iit;*ig
i-gid -.- '9;'.,'*
'..ni 2003 .,..o...'.'a::*::N
,t1$i?offu:Ei-i -o- e:-:.2,'- - i >r
%;$
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHAN NATIONAL BONDING, INC
By 4'/-
STATE OF IOWA
of the Companies by authorily oftheir respective Boards of Directors.
COUNTY OF DALLAS 5s.
On this this 23td day ot August 2017 , before me appeared Larry Taylor, to me personatly known, who being by me duly sworn
did say that he is President of IIIERCHANTS BONDING COI\,'!PANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC.; and that the
seals affixed to the foreqoing instrument are the Coeorale Seals of the Companies; and thal the said instrument was signed and sealed in behalf
Notaty Public
(Expiration of notary's commission
does not irNalidale this instrument)
t, Wl|iam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC., do hereby
certify that the above and foregoing is a true and conecl copy of the POWER-OF-ATTORNEY executed by said Companies,which is sli,l in full
force and effect and has not been amended or aevoked.
ln Witness Mereof, lhave hereunto set my hand and affixed the seal of the Companies on this 24th dayof April ,2018
^Fu
AUCIA K. GRAM
Commisdon Number 767430
My Commission Expires
Apdl '1,2020
oz 0\'^* K- q,r^-
POA 001 8 (3/17)
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'..ni 2003 .,'.o-i't&:::*::N
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ZLZ.--..r,/Z**/
Secretary
16.A.25.b
Packet Pg. 1868 Attachment: Bond Basis (10646 : Excavation Bond Release - The Antilles)