Agenda 03/24/2020 Item #16A 9 (Bond Release - The Springs at Hammock Cove)03/24/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$60,000 which was posted as a guaranty for Excavation Permit Number PL20170004178 for work
associated with The Springs at Hammock Cove.
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 Springs at Hammock Cove. The As-Built lake cross sections have
been received and the lake has been inspected on February 6, 2020 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 $60,000. 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. Bond Basis (PDF)
16.A.9
Packet Pg. 138
03/24/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 11719
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $60,000 which was posted as a guaranty for Excavation Permit Number PL20170004178
for work associated with The Springs at Hammock Cove.
Meeting Date: 03/24/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/18/2020 10:50 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/18/2020 10:50 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 11:28 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/18/2020 4:10 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/18/2020 5:18 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:30 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/21/2020 1:41 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/21/2020 4:11 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 4:48 PM
Growth Management Department James C French Deputy Department Head Review Completed 02/21/2020 6:48 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:19 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 4:37 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 7:57 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/09/2020 4:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
16.A.9
Packet Pg. 139
THE SPRINGS AT HAMMOCK COVE
LOCATION MAP
16.A.9.a
Packet Pg. 140 Attachment: Location Map (11719 : Excavation Bond Release - The Springs at Hammock Cove)
EXCAVATION PERFORIVANCE AGREEIVIENT
THIS EXCAVATION PERFORIVANCE AGREEI\IENT entered into this 3tA day ot
, 201 8 between tvhrwnit t 4Zz trut ncl tt4- hereinafter referred to as
'Devel oper," 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 a/. 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. PL PL20170004178 (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
as Exhibit "A" and by reference made a part hereoO in the amount of
$60,000 00
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
security 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 l\ilanager 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 Excavatton 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 thrs
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security 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,
4
5
6
16.A.9.b
Packet Pg. 141 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
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.
7. 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 A-greement to be
executed by their duly authorized representatives tfris jorday of . /Y\c*,ttJn -,2018-
C".,^h,^z, toI4ZZ Func) tLu
SIGNED IN THE PRESENCE OF
Sign:
Vuiarr< t'l\raa-tlg;r
h Conh ,lnc.
Printed Name
Sign
€rin Pr rers
Printed Name flA--fl-P'fu,-l
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
to form and legality
Scott A. Stone
Assistant County Attorney
Co
m
By
Da,,nte( J. M \/M\
Vresrd.lxr;t
(President, VP, or CEO)
Provide Proper Evidence of Authority)
OF COL A
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2
Bv:?k/,/01 A
as designee of the County Manager
pursuant to Resolution No. 20 l5- 162
BOARD OF COUNTY COMMISSIONERS
16.A.9.b
Packet Pg. 142 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
E,.\,.b:+ 4
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 at 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 shalt 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.
PERFORMANCE BOND
FOR EXCAVATION WORK
For Springs at Hammock Cove
Bond No.: PBI 2194000003
KNOW ALL PERSONS BY THESE PRESENTS: that
Continental 422 Fund LLC
W134 N8675 Executive Parkway
Menomonee Falls, Wl 53051
(hereinafter referred to as "Owned') and
Philadelphia lndemnity lnsurance Company
Three Bala Plaza East, Suite 400
Bala Cynwyd, PA 19004
(610) 206-7836
(hereanafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Sixty Thousand and 00/100 Dollars ($60.000.00) 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
a pproval by the Board a certain Excavation rmit No. P120170004178 and that certain excavationPe
permit 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 completion of the work and
approval by the County ofthe 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.
[1s LDs 01664/1153600/1)
16.A.9.b
Packet Pg. 143 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
lN WlTNFasrs WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 19th a-1fl day of March , 2018.
WTTNESSES:
Yt;-l-.Q t
Printed Name UnY\+ ?-i v C/r5
Company Na
fir t'u\lna
. rrt l{ A.A-.\
?
, i\t t^^6^1'r_.C"f'.P^4,vt+ L\</)
: Continental 422 F n LL
ca
By:
Print Name l\fa, v I J
P ed Name \nn A
ACKNOWLEDGEMEN'T
STATE OF VTI\SCONST N
couNTY oF \Ahu u{5\^r^-
THE F OREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFO R
Co
EIV
.411"
E THIS / , OAY OF
'1 Fv\l LLL2018, BY lh ^lL\ T. ltrtro.hdh AS Prc.<rlrrrt OF cs Cb
T,oRHASPRODUCED IDENTIFICATION
Notary Public - State of
9-: u
(SEAL)
Printed Name
WITNESSES HIA INDEMNITY INSURAI{K COMPANY
Carol McManus Antho T. Pa rn
Licen orida Resident
Pho ne 941-999-1900
Christine A. Papa
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF SARASOTA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1gth DAY OFlvarch ,20 18, BY Anthony T. Papa, Jr. AS Attorney-in-Fact OF Phitadetphia lndemnity lnsurance
Company WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a (personatty known) AS
IDENTIFICATION
Notary Public - State of Florida
Carol McManus
Printed Name .".S:.'.$k,rffi
CAROL ITCHANUS
MY COr4rESto[ * GG 038594
EXPIRES: January 6, 2021
8.d.d Tho &rd9.1 x@I S.rvirr
[1s LDS 01664/1153600/11
(SEAL)
8n n O.b-p..-
,/ u(ruU.a,*'t
lNl!3rf.
/,
16.A.9.b
Packet Pg. 144 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
fJ
PHILADELPHIA INDEMNITY INSIJRANCE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA I 9004-0950
Power of Attorney
KNOW Al-t. PERSONS BY THESE PRIISEN'I'S' That PHILADELPHIA n'iDEM\lTY TNSURA\CE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvani4 does hereby constitute and appoint Anthonv T Papa Jr. of InSource Partners. LLC its true and lawful
Attorney-in-fact with full authority to execute on its behalfbonds. undertakings, recognizances and other contracts ofindemnity and writings obtigatory in the nature
thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.
This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADEI.PHIA INDEMNITY INSURANCE COMPANY on the l4n of November. 2016.
RESOt,VED That the Board ofDirectors hereby authorizes the President or any Vice President ofthe
Company: (l) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
FURTHER
RESOLVED:
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS
CORPORA'TE ST1ALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27M DAY OF OCTOBER.20I7.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27'h day of October,20l7, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is
the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
residing at:Bala Cvnwvd. PA
(Notary Seal)
My commission expires.Scptember 25. 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certiry that the foregoing resolution of the Board of
Directors and this-Power of Attomey issued pursuant thereto on this 27s day of October, 2017 ue true and conect and are still in full force and effect. I do further
certi0/ that Robert D. O'Leary Jr., who executed the Power ofAttomey as President, was on the date ofexecution ofthe attached Power of Attorney the duly elected
President of INDEMNITY INSURANCE COMPANY
, subscribed my name and affixed the facsimile seal of each Company thisl-lth day orMarcl2, 1 8
Edward Sayago, Corporate Secretary
PHILADELPTIIA INDEMNI'I-Y INSURANCE COMPANY
ttstt|J
Frt :
I
That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attomey or certificate relating thereto by facsimile, and any such Power of
Attomey so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the luture with respect to any bond or
undertaking to which it is attached.
Tno^%"^.k rf.P
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16.A.9.b
Packet Pg. 145 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
nt 0ft trr 0j fDabt
Beyurtrnpnt of fitutp
I certify the attached is a true and comect copy of the application by
CONTINENIAL 422 FUND tLC, a Wisconsin limited l-iability company,
authorized to transact business within the state of Florida on
March 28, 2018, as shown by the records of this office.
I further certify the document was electronically received under FAX audit
number 818000099401. This certificate is issued in accordance with section
15.15, Florida Statutes, and authenticated by the code noted below.
Ehe document number of this limited liability company is M18000003028.
Authentication Code: 518A00006374-032918-M180000 03028-L/ L
Given under my hand and the
Great SeaI of the State of Florida,at Tallahassee, the Capital, this the
Twenty-ninth day of March, 2018
lb* &tF*.
76;en Det*vr
$ecntarp ot Stro
16.A.9.b
Packet Pg. 146 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
APPLICATION BY FOREICN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS
IN FLORIDA.
N (NWU,4]\CE WID] SEIION &5,D02 FLORIM SIATLNN,THE FOITfr'IAE E SUBMNTEDTO R&}BIERA FORErcN UMIIFO UNN.,NY
(NWAI'IYTOTRA}A4CT B.^INrJs NTIIE SIATEOF FIORIDL
l. Contin€ntal422 Fund LLC
o,lame ofForcign Limired Liability company: must includ. "LimiEd Liebility Comp3ny," "L.L.C.," or "Lrc.")
3. 82-t23658',7
(F€l ,mbd, if .pplicabl.)
4
(Dar. 6Bt ran*Gd bBuE 3 u nqUa if Fio, to &rt.tim)(sa s.cdm 605.090a & oot 090t, F 5. rc &r@rE p6dry htil'ry)
5. Wl34 N8675 Executive Parkway 6 Wl34 N8675 Exeautive Parkway
lSma lms orffi@rl o6cc)
Menomonee Falls, WI 53051
(Mrilirs Add6t)
Menomonee Falls, WI 53051
7. Namc and gq99q3!@95g ofF lorida registarcd agentr (P.O.Box Nglacceptable)
Name C T Corporation Systcm
Ollice Address:1200 South Pine Island Road
Plantation Florida 33324
Registered rgcDt's &cceptlnce:
(citv) (zip cod')
Hseing been named as rcgisteted agent and lo accept senlce of process lot lhe above staled lim edAab lly complrry al lhe place
designated ln thit opplicalion, I hercb) sccepl the oppoinlmcnl as rcgblercd agenl snd agree lo ac, ln lhls capaclty. I funher agree
to cot tply with the provislons ol sll slslales relqdve ,o the prupet and complele pe$omance of y dudes, a d I amlqrntliat t'llh
and accep, the obUsatlons of ny pod(on attgi/ftal ageil James l\,4. Halpin\k*-'/h"il/)- Ass,smnrsecredry
(/({drci rgcmt rgmtw)
8. The name, title or capacity and address ofthe person(s) who has4rave aulhority to masage iyare:
Titlc or Crprcitv: NCE$gL&!CI9E! I!!g4CprSi5!
See attached,
Name and Address:
(Use attaahments if necessary)
9. Attached is a certificate ofexistence, no more than 90 days old, duly autheDticated by the official having custody ofrecords in the
jurisdiction under the law ofwhich it is organized, (Ifthe ceftificate is in a foreign language, a translation ofthe ccnificate under oatr
ofthe translator must be submitted)
10. This document is executed in accordance with section 605.0203 (l ) (b), Florids Statutes. I am al,lare that any false information
of Stat€ co a third
Y:j:i:T"ided
ror in s EI7 r55' F's'
ofD .uthcizcd FBo.
a"r {w91\wc.r Yttr)^r*/'
submifted in a document to the
TrFd d Firlod re ofdSEo D4 tq\\ocrr.\-d'\ t-t>} fiIy.A LLC
2. Wisconsin
16.A.9.b
Packet Pg. 147 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
Attachment to Application by Foreign Limited Liability Company For Authorization To
Transact Business In Florida
Name of Foreign Limited Liability Company: Continental4Z2FmdLLC
8. The name, title or capacity and address of the person(s) who has/have authority to manage
is/are:
Title or Capacity:Name and Address
President of Continental Properties Company,
Inc., manager of Continental 422FundLLC
Daniel J. Minahan
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
CEO of Continental Properties Company,
Inc., manager of Continental 422FwdLLC
James H. Schloemer
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Treasurer & Executive Vice President of
Continental Properties Company, Inc.,
manager of Continental422 Fund LLC
Edward J. Madell
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Secretary & Executive Vice President of
Continental Properties Company, Inc.,
manager of Continental422 Fund LLC
Paul R. Seifert
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Executive Vice President of Continental
Properties Company, Inc., manager of
Continental422FwdLLC
Kimberly Grimm
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 53051
Vice President of Continental Properties
Company, Inc., manager of Continental422
Fund LLC
Ryan Folger
Wl34 N8675 Executive Parkway
Menomonee Falls, WI 5305 I
Vice Chairman of Continental Properties
Company, Inc., manager of Continental422
Fund LLC
Gerard Severson
W134 N8675 Executive Parkway
Menomonee Falls, WI 5305 1
16.A.9.b
Packet Pg. 148 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)
United States of America
State of Wisconsin
DEPARTMENT OF FINANCIAL INSTITUTIONS
Division of Corporate & Consumer Services
To All to Whom These Presents Shall Come, Greeting:
I, Mary Ann McCoshen, Administrator of the Division of Corporate and Consumer Services, Department of
Financial Institutions, do hereby certify that
CONTINENTAL 422 FUND LLC
is a domestic corporation or a domestic limited liability company organized under the laws of this state and that
its date of incorporation or organization is April 03,2017 .
I further certify that said corporation or limited liability company has not yet completed its initial report year
and, accordingly, has not yet filed an annual report under ss. 180.1622, I80.I921, 181.1622 or 183.0120 Wis.
Stats., and that said corporation or limited liability company has not filed articles of dissolution.
IN TESTIMONY WHEREOF,I have hereunto set
my hand and affixed the official seal of the
Department on March 28,2018.
MARY ANN MCCOSHEN, Administrator
Division of Corporate and Consumer Services
Department of Financial Institutions
DFI/Corp/33
To validate the authenticity of this certificate
Vis it th is web add ress : http ://www. wdf i. o rglapps/ccs/verify/
Enter this code: 217157-F2E8B48A
16.A.9.b
Packet Pg. 149 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)