Agenda 05/26/2020 Item #16A 8 (Vincent Acres Performance Bond Release)05/26/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$58,683.33 which was posted as a guaranty for Excavation Permit Number PL20160000402 for
work associated with Vincent Acres.
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 Vincent Acres cross sections have been received and the lakes has
been inspected on April 21, 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 $58,683.33. 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.8
Packet Pg. 232
05/26/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 12261
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $58,683.33 which was posted as a guaranty for Excavation Permit Number
PL20160000402 for work associated with Vincent Acres.
Meeting Date: 05/26/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/21/2020 3:52 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
04/21/2020 3:52 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 04/21/2020 4:09 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/21/2020 4:44 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/24/2020 1:52 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 04/24/2020 1:57 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/27/2020 11:13 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/27/2020 2:13 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 04/27/2020 2:38 PM
Growth Management Department James C French Deputy Department Head Review Completed 04/27/2020 4:51 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/28/2020 1:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/28/2020 2:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/28/2020 3:51 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/28/2020 6:41 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/18/2020 2:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM
16.A.8
Packet Pg. 233
VINCENT ACRES
LOCATION MAP
16.A.8.a
Packet Pg. 234 Attachment: Location Map (12261 : Excavation Bond Release - Vincent Acres)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this t1 " dav ol
Nb/Lh .20 l-, between Habitat for Humanity of Cotlier County lnc 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 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. PL20 160000402 (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:
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of $58,683.33.
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 Manager or designee for compliance with
the Excavatlon 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 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, the
Excavation Work. The Developer, as principal under the excavation performance
1
2
q
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
4.
6.
16.A.8.b
Packet Pg. 235 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
7
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
executed by their duly authorized representatives this {n
SIGNED IN THE PRESENCE OF:
have caused this Agreement to be
day of thatcbt 20_c.
Sign:"&/nry
Aob l^ Bc,bt lfa
Habitat for Humanity of Collier County lnc.
ryicl4 sleJ e 11 ,lntrc.S Q"s lrnt-(
Printed Name
SrOnr?
,/o. {*lo
Printed Name
ATTEST:
DW]GHT E. BROCK, CLERK
By:
Deputy Clerk
AS form and legality:
Scott A. Stone
Assistant County Attorney
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0 E\4 (t
as designee ofthe
pursuant to Resolution No. 2015-162
16.A.8.b
Packet Pg. 236 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
PERFORMANCE BOND
FOR EXCAVATION WORK
aaJrrP. o6 { 3tr r
Habitat for Humanity of Collier County
11145 Tamiami Trail East
Naples, FL 341 13
(hereinafter referred to as "owner") and
Prin ed Name
(hereinafrer referred to as "surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Fiftv eioht thousand six hundred eiohtv three dollars and 33 cents
($58.683.33) in laMul money of the United States, for payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, Ilrmly by these
presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS LIGATIO S h hereas, the Owner has submitted for approval by the Board a
certain excavation permit no and that certain excavation 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
he date of completion of the work and approval by the County of the specilic improvemenls described in the Land
Development Regulations thereinafter 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, kuly and faithfully perform its obligations and dulies 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 lhe County frorr and
against all costs and damages which it may suffer by reason of Owneis failure to do so, and shall reimburs( and
repay the County all outlay and expense which the County may incur in making good any default, then this oblig rtion
shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulales and agrees thz no
change , e),iension 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, altera ion,
addition or deletion to the proposed specillc improvements.
PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automal rally
and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the fu and
faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever rsed
in this Bond, and whether referring to this Bond, or other documents shall include any alteration, additir 'r or
modification of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused the PERFORMANCE BOND lo be execute, this
6'h day of February, 2018
ES Habitat for Humanity of Collier County, I :.
By
Printed me ;1sS,<a G
Nick Kouloheras, President/cEo
(Provide Proper Evidence of Authority)
YDEr,gc
lr-
€xh,L,l A
KNOW ALL PERSONS BY THESE PRESENTS: that
lnternational Fidelity and lnsurance Company
One Newark Center, 20ih Floor
Newark, NJ 07102
16.A.8.b
Packet Pg. 237 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
WHO IS PERSONALLY KNOWN TO ME . OR HAS PRODUCED
Notary Public - State of Florida
AS IDENTIFICATION
(SEAL)
ktert I At&qr'a.-
Printed Name
SURETY ACKNOWLEDGEMENT
WITN ESSES lnter nal Fid lity nsurance Company
By
Printed Nam Emily Strassel Charity A. Mo , Attorney-ln-Fact
fiil,M,'P7;rlil;YtbflilW (Provide Proper Evidence of Authority)
ltl:
,,itto'
: > rO!--.! 6i,,
NOTARY ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FoREGoING PERFoRMANCE BoND WAS ACKNoWLEDGED BEFoRE ME THIS 6'N DAY OF
February, 2018, BY Charity A. Moser AS Attorneyln-Fact OF lnternational Fidelity and lnsurance
Company WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION,
Notary Public - State of Florida
(SEAL)
AS
Tvp eN
MSINE.ALDANA
Notery Pubti( - siate of Ftodda
Commi$ion i G6 lI /125
ily Coo,n. *oi,erJun 21.2021
lc.&6 ttrcocl. n.d..rt lcri,y l!e.
KRISTIN M. NEIERT
coMMlgSlON * GG 079764MY
122A5,MaIRESi vEXP
PodicIfuuNolaryBo.d€d
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY OF
Februarv, 2018, BY Nick Kouloheras the PresidenVCEO OF Habitat for Humanitv of Collier Countv, lnc.
.a
16.A.8.b
Packet Pg. 238 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
COMPANY
MPANY
ONE NEWARK CENTER, 2OTH FLOOR NEWARK, NEW JERSEY 07102.52A7
KNOWALL MEN BY
the laws of the State
existing under
the Stiate of
KRIST]N M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, HUNTLEY A. HORNBECK II,
CHARITY A. MOSER
their kue and lavvful attornev(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writinos oblioatorv in the nature thereof. which are or mav be allowed. required or perinitted bv law, statute. rule, requlation, contract or otherwise,
and the execulion of tucti instrument(s) in ourbuance of these bresents. shall Lie as bindinq upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully 'and amply, to all intents an-d purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal dffices.
This Power of Attornev is executed. and mav be revoked. oursuant to and by authoritv of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is branted under and by authoritv of the followinq resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a-meeting duly held ori the 20th-day of July, 201! and by the Board of-Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the '15th day of August, 2000:
Vice Chief Officer or
defined or
of the
CERTlFICATION
of the
ionsents on
attornev oror relSted
as the orioinal sionature of
as though-manually affi xed.'
sionature and seals
antl the original seal
have
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April '16, 2019
nature such
for acceotance
such Oftcer of
signature
execuuon
any
bond,contract of the
Corporation, to be valid and binding upon
IN WITNESS WHEREOF, INTERNATIONAL FIDELIry INSURANCE COMPANY and ALLEGHENY CASUALW COMPANY have each executed ANd
attested these presenls on this 22nd day of July, 2014.
STATE OF NEW JERSEY
County of Essex tu
ROBERT W. MINSTER
Chief Executive Officer (lnternational Fidelitv
lnsurance Company) and President (Allesheny
Casualty Company)
On this 22nd day of July2014, beforemecametheindividual whoexecuted theprecedinginstrument,tomepersonallyknown,and, being by meduly
sworn, said he is thethereindescribedandauthorized officerof INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUALry
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
lN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.I t,,
> (}.-
i? Pust-tc
oprur,f{
tar
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certifo that I have
compared the foregoing copy of the Power of Attorney and afftdavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said
Powerof Attomey, withtheoriginals onfile in thehomeoffice of saidcompanies, and that thesamearecorrect transcriptsthereof,andof thewhole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
SIFAT
tg04 r936
COMPANY
their in the do
Naples, FL.
cwg W
IN TESTIMONY
N OTAB Y
day of
16.A.8.b
Packet Pg. 239 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
3t8t2018 Detail by Entity Name
Drvrsrolt or Conponlrrorus
f '/,jtititi,srg Dvsui af
C Oi :* Ui jt;,i J' !r-1 1 { )
at ul{tt ta! )retc ul }'l4rulu Lti,ittz
Depjdmeolglslale / Division of Corpsaltels / Search Records / Detail By-DeeuloeolNumbgI /
Detail by Entity Name
Florida Not For Profit Corporation
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Filing lnformation
Document Number 742136
FEUEIN Number 59-1834379
Date Filed 0312011978
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 11105/1999
Event Effective Date NONE
PrincipaLAlll[eSS
11145 TAMIAMITRAL EAST
NAPLES, FL 34113
Changed: 03/09/2005
Mailing Address
11145 TAMIAMITRAL EAST
NAPLES, FL 34113
Changed: 03/09/2005
Begistered Agent Name & Address
Cunningham, John
841 Partridge Ct
MARCO ISLAND, FL 34145
Name Chang ed: 0210312017
Address Changed : 021031 2017
Officer/D irector Detai I
Name & Address
Title S
MUELLER, MICHAEL
1109 STRAWBERRY COURT
MARCO ISLAND, FL34145
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=HABITATF. .. 113
16.A.8.b
Packet Pg. 240 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)
3t8t2018 Detail by Entity Name
Title VC
SWIHART, STANARD MD
789 REGENCY RESERVE CIR APT 4603
NAPLES, FL 34119
Title Chairman of the Board
CUNNINGHAM, JOHN W
841 PARTRIDGE CT
MARCO ISLAND, FL34145
Title CEO
LEFKOW, LISA REV.
1490 NOTTINGHAM DR
NAPLES, FL 34109
Title President
KOULOHERAS, NICK
6130 CYPRESS HOLLOW WAY
NAPLES, FL 34109
Title VC
Hubbard, Edward
785 Cocobay Drive
Naples, FL 34108
Title VC
Jilk, Craig
4101 Gulf Shore Blvd N
'105
Naples, FL 34103
Title VC
Peterson, Doug
849 Swan Dr.
Marco lsland, FL 34145
Title Treasurer
Deal, Rick
2495 Rue Du Jardin
Unit 402
Naples, FL 34105
Annual Repprtg
Report Year Filed Date
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=HABlTATF... 213
16.A.8.b
Packet Pg. 241 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)