Agenda 09/22/2020 Item #16A 7 (Release of Performance Bond)09/22/2020
16.A.7
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$59,780, which was posted as a guaranty for Excavation Permit Number PL20170000631 for work
associated with The Enclave of Distinction.
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 Enclave of Distinction. The As -Built lake cross -sections have
been received, and the lakes have been inspected on August 3, 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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $59,780. 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)
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16.A.7
09/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doe ID: 13139
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $59,780, which was posted as a guaranty for Excavation Permit Number
PL20170000631 for work associated with The Enclave of Distinction.
Meeting Date: 09/22/2020
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
08/07/2020 4:27 PM
Submitted by:
Title: Director — Growth Management Department
Name: Matthew McLean
08/07/2020 4:27 PM
Approved By:
Review:
Growth Management Department
Judy Puig
Level 1 Reviewer
Growth Management Development Review
Brett Rosenblum
Growth Management Operations & Regulatory Management Rose Burke
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Development Review
Chris Scott
Growth Management Department
Matthew McLean
Additional Reviewer
County Attorney's Office
Derek Perry
Level 2 Attorney Review
Growth Management Department
Thaddeus Cohen
Department Head Review
Growth Management Department
James C French
Deputy Department Head Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Budget and Management Office
Mark Isackson
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
08/10/2020 9:14 AM
Additional Reviewer Completed
Additional Reviewer Completed
Completed
08/12/2020 4:38 PM
Additional Reviewer Completed
Completed
08/20/2020 4:12 PM
Completed
08/21/2020 8:05 AM
Completed
08/21/2020 2:10 PM
Completed
08/21/2020 4:35 PM
Completed
08/24/2020 8:29 AM
Completed
08/24/2020 8:57 AM
Completed
09/03/2020 2:37 PM
Completed
09/15/2020 4:20 PM
09/22/2020 9:00
AM
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16.A.7.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _ —, day of
, 2018 between Distinctive Residential Development at Livingston, ILLC
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, of 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. PL20170000631 (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 hereof) in the amount of $59,780.00.
3. In 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.
4. 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.
5. 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.
6. In 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
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16.A.7.b
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of k9 j uP —.., 20 / �!
SIGNED IN THE PRESENCE OF:
Si n:
Printed Name At,v S✓{
Sign:
Printed Nam" -'
am
�US�N
ATTEST:
Crystal K. Kinzel, CLERK
Clerk
AlAroved s to form and legality:
Sc6tt . Stone
Assistant County Attorney
Distinctive Residential Development at
Livingston, LLC
By: Steve Fiterman, Manager
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLtiER COUNTY, LORIDA
B : �! A-
TAI o
as designee of the County Manager
pursuant to Resolution No. 2015-162
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16.A.7. b
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that Bond # B-1240927
Distinctive Residential Development at Livingston, LLC
1845 Trade Center Way
Naples, FL 34109
(hereinafter referred to as "Owner") and
Cincinnati Insurance Companies
(6200' Gilmore Rd., Fairfield, (--)H 45014)
(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 Fifty Nine Thousand, Seven Hundred and Eighty
dollars. ($59,780.00) 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 excavation permit no. PL20170000631 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 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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this day of
WITNESSES:
Ajinn1�
S tLVys�s
Printed Name A401(
�fIA1.��
Printed Name
115-LD5-01664/1153600/11
(Owner Name and orporation)
Distinct ential D v o e t Livingston, LLC
By:_ _ �,
Steve Fiterman,Manager
Printed Name/Title
(Provide Proper Evidence of Authority)
T
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16.A.7.b
ACKNOWLEDGEMENT
STATE OF tlI t it 4 SC +�
COUNTY OF t+-k Di' ✓1
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS Ia '-"'DAY OF
�L) i. - 20 1 k :,BY (NAME. OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO I PERSONALLY KNOWN TO MJ OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of M!�� Yll Cn
ANNE MARIE STORMS
� D
NOTARY PUBLIC - MINNESOTA
My COMMISSION EXPIRES 0131R0
Printed Name lb-lw ��f, I- S yi"y
WITNESSES: (Surety Name and Title if Corporation)
Of
�rl 1MC� I An rc, By: � Q
„J W 4-I ✓o
Printed Name
MAYSMOW Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
T
to
ACKNOWLEDGMENT m
STATE OF110fi6CL o
COUNTY OF -0-C
m
r
h �
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS _� DAY OF E
JJ;y� �0 SY AME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO O PERSONALLY KNOW O ME, OR HAS PRODUCED AS IDENTIFICATION. rya
Notary Public - State of Q
(SEAL)
p" ,,=PUbkSt@ft ate of Florida
FF 243491Printed Name ��0�019
I4-EIS-0265on
(15-LDS-01664/1153600/1)
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16.A.7.b
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POW R OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Brad A. Havemeier; Kim L. Ovaitte; Gregory W. Havemeier and/or Martin Watson
of Naples, Florida its true and lawful Attomey(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instrulents, as follows:
Any such obligations in the United States, up to
Five Million and No/100 Dollars ($5,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6" day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in -
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 7" day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 101, day of October, 2008.
THE CI> TI INSURANCE COMPANY
Vice Presiden
STATL _.il0 ) ss:
COUNTY OF BUTLER )
On this 1011, day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and direction of said corporation.
�.s`PR1 A E a %'
10
MARK J. H LER, Attorney at Law
�0-W,�z' NOTARY PUBLIC - STATE OF OHIO
� QO� My commission has no expiration
Q�_ryy date. Section 147.03 O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
GIVEN
_I der my hand and seal of said Company at Fairfield, Ohio.
this �d*T day of
Q
cT CORPORATE
G SEAL
BN-1005 (10/08)
Secretary
Q
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Detail by Entity Name 16.A.7.b
811512018
DIVISION OF CORPORATION:
/t;1rJl of
%t.� ,j mrg �� pr) r/ r rr, I I �J
��
Department of State / Division of Coroorations / Search Records / Detail By_Document Number /
Detail by Entity Name
Florida Limited Liability Company
DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC
Filing, Information
Document Number L05000058197
FEI/EIN Number 20-3022350
Date Filed 06/13/2005
State FL
Status ACTIVE
Principal Address
1845 TRADE CENTER WAY
NAPLES, FL 34109
Mailing,Address
7575 GOLDEN VALLEY ROAD
SUITE 118
GOLDEN VALLEY, MN 55427
Changed: 04/10/2018
Registered Aqent Name & Address
Salvatori Law Office, PLLC
5150 TAMIAMI TRAIL NORTH
SUITE 304
NAPLES, FL 34103
Name Changed: 04/10/2018
Address Changed: 04/10/2018
AydhQriz_etPgr§Qn(a) Detail
Name & Address
Title MGR
FITERMAN, STEVE
1845 TRADE CENTER WAY
NAPLES, FL 34109
Title S
I FITERMAN. MATTHEW
://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=initial&searchName
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