Agenda 02/23/2021 Item #16A 2 (Release of Performance Bond - PL20160003050)02/23/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$615,157.20, which was posted as a guaranty for Excavation Permit Number 59.375-7,
PL20160003050, for work associated with Oyster Harbor at Fiddler’s Creek Phase 3.
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 these securities has been inspected and the developer has
fulfilled his commitments with respect to these securities. The Performance Bond was posted as security
for Excavation Permit Number 59.375-7, PL20160003050 associated with Oyster Harbor at Fiddler’s
Creek Phase 3. The As-Built lake cross sections have been received and the lakes have been inspected on
December 29, 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 a Performance Bond in the amount
of $615,157.20. 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.2
Packet Pg. 421
02/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 14753
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $615,157.20, which was posted as a guaranty for Excavation Permit Number 59.375-7,
PL20160003050, for work associated with Oyster Harbor at Fiddler’s Creek Phase 3.
Meeting Date: 02/23/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/14/2021 2:00 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
01/14/2021 2:00 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/15/2021 6:36 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/18/2021 5:39 PM
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/19/2021 8:59 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/20/2021 2:26 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/20/2021 3:14 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/20/2021 3:28 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/21/2021 12:32 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/21/2021 12:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2021 1:16 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/25/2021 5:17 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/06/2021 12:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/23/2021 9:00 AM
16.A.2
Packet Pg. 422
OYSTER HARBOR AT FIDDLER’S CREEK
PHASE 3
LOCATION MAP
16.A.2.a
Packet Pg. 423 Attachment: Location Map (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
^ IllS EXCAVATION PERFORIiIANCE AGREEI\,ENT entered into this '{{ Oay otIto-, \ , 2012 between FC Ovster Harbor. LLC hereinafter refened to as "Developer,"
inElfr6-eoard or county commislionEE?E6iiiEii6Lrnty, Ftorida, hereinafter refened to as the
EXCAVATION PERFORMANCE AGREEMENT
"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. PL20160003050 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit 'A" and by reference made a part hereo0 in the amount of
$615,157.20.
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 lvlanager 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 Llanager 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,
2
3
4
5
6
16.A.2.b
Packet Pg. 424 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
7
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
executed by their duly authorized representatives this Lto have caused Agreement to be
day of 2017
Ub*t
SIGNED IN THE PRESENCE OF
Sign:
Printed Name E V*)
Sign
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
to form and legality:
Scott A. Stone
Assistant County Attorney
FC LLC
John n
as President of Harbor, LLC
A Florida Limited Liability Company;
Its Authorized Signatory
BOARD OF COUNTY
OF COLLIER
By:u,u
AS Manager
pursuant to Resolution No. 2015- 162
!
16.A.2.b
Packet Pg. 425 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
" 6rh ,l A
Oyster Harbor at Fiddlel,s Creek Phase 3, Replat 3
Bond No. SUl143709
FC Oyster Harbor, LLC
55'l N. Cattlemen Rd., Suite 200
Sarasota, FL 34232
(hereinafter referred to as "Ownei') and
Arch lnsurance Company
1 125 Sanctuary Parkway, Suite 200
Alpharetta, GA 30009
(hereinafter referred to as "Surety") are held and frmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum oI ix Hundred Ffteen Thousand ne Hu
Seven and 2Ol'100 Doilars ($615.15720) in lawful money of the United States for the payment ofwhich
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 requxes
executed this ld da f March,2
lhe
17.
ies hereto have caused this PERFORMANCE BOND to beIN WITNESS EREOF,part
FC Oyste
PERFORMANCE BOND
FOR EXCAVATION WORK
(OwnerWITNESSES
/I
Print Name
[1s,LDS{1661/I l5]600/l I
S
r,LLC
ifc
KNOW ALL PERSONS BY THESE PRESENTS: thAt
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitled for approval by
the Board a certain excavation permit no. PL20160003050 and that certain excavation permit shall
include specific improvements which are required by Collier County Ord,nances 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 mprovemenls described in the Land Development Regulations (hereinafter the
"Guaranty Period") or untl 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 lhe County from and against all costs and damages which it may suffer by reason of Ownefs
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, olherwise to remain in full force and
effect.
PROVIDED, FURTHER that the said Surety for value received hereby stpulates and agrees that
no change, extension of trme, alteration addition or deletion to the proposed specilic improvements shall
n any way affect its obligation on this Bond and it does hereby waive notce of any such change
extension of time alteraton addition or deletion to the proposed specifc improvements
PROVIDED FURTHER. that it s expressly agreed that the Bond shall be deemed amended
automatically and :mmediately, without formal and separate amendments hereto, so as to bind lhe 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.
By
16.A.2.b
Packet Pg. 426 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEIVIENT
STATE OF Lor
COUNry OF
THE FOREGOING PERFO
20_trl ,BY
RMA NCE BOND
sor^s-ter'
WAS ACKNOWLEDGED BEFORE ME TH
,'e -'.. (e ^rrt a,. AS li\AN
ts3
AE5
OF FC OYSter Harbor. LLC WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION
DAYoF /vr; I
Notary Public - State of
r-t'tt-la(tc^a /&.fue
Deborah K. Beckett
Printed Name
Arch lnsurance Company
(Surety Name and Tille if Corporation)
By A. ,e.^z^/
Margaret A. Ginem, Attorney-in-Fact
& FL Licensed Resident Agent
Printed Name/Title
(Provide Proper Evidence of Authority)
b/"^;
Pti loria Robb
Printed Name - Eileen C. Heard
ACKNOWLEDGEMENT
STATE OF FLORIDA
THE FOR EGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE NIE THIS 16TH DAY OF MARCH,
2017, BY MARGARET A, GINEM AS ATTORNEY.IN.FACT OF ARCH INSURANCE COMPANY WHO IS
PERSONALLY KNOWN TO I\4E. O R HAS PRODUCED N/AS IDENTIFICATION
Notary Public - State of Florida
(SEAL)
ted name - Maria nelP
IS-02650/7
#_;
Nolary Puulc Stoi. ol Florida
oeborah K Backstt
My Cornmiallon FF 246040
EIp|r.. (E/la/2ore
-$4a;i?#i,
MARIANELLA BARNOLA
Commission f FF 94f61
Exdrcs May 5, 2020
8di.a Tlw Tl' F- lrsF ,@Otmlt
Barnola
WITNESSES:
COUNTY OF HILLSBOROUGH
ll5-LDS-0r664/l 1s3600/ll
16.A.2.b
Packet Pg. 427 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
Atc 0000185250
ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 14th day of Aoril, 2016.
Attested and Certified Arch lnsurance ComPanY
h4 {rfu'f--*
COUNTY OF PHILADELPHIA SS
l, Helen Szafran, a Notary public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose njr"r ui" respectively ai Secretary and Executive Vice President of the Arch lnsurance Company, a
Corporation organized and existing under the laws of the Stateof Missouri, subscribed to the foregoing instrument, appeared before me
this day in peison and severally icknowledged that they being thereunto duly authorized sign-ed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary ait of siiO corporation and as their own free and voluntary acts for the uses and
lN TESTIMONY WHEREpF, I have hereunto subscri
this /(L6,-day ot -luJA/1tb---, 20 !7- -.
I
purposes therein set forth.
Szafran,
My commission expires 1010312017
CERTIFICATION
l, patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Aoril "14. 2016
on behalf of the person(s) as listed above is a true and coriect copy and that the same has been in full force and effect since the date
thereof and is in full foice and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the power or nttoinev as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch lnsurance Company.
bed my name and affixed the corporate seal of the Arch lnsurance company on
Patrick K. Nails, Secretary M.Executive Vice President
STATE OF PENNSYLVANIA SS
Patrick K. Nails, Secretary
This power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind th6 Company except in the manner and to the extent herein stated'
PLEASE SEND ALL CLAIM INQUIR]ES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch lnsurance - SuretY Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
tl.,rrt)illt
tt^t
wn
ILrod
?
l{rrusl
00M10013 00 03 03 PaEe2of 2 Printed in U.S.A.
16.A.2.b
Packet Pg. 428 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)
Arc 0000185250
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the
manner end to the extent herein stated, Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, Currency Rate,
lnterest Rate or ResrUential Value Guarantees.
POWER OF ATTORNEY
Know All_Persons By These Presents:
That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrati,,re office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett Cardinale, Brandy Baich, David H. Carr, Eileen C. Heard and Margaret A. Ginem of Tampa, FL (EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninetv Million Dollars ($90.000.000.00).
This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if lhe same had been duly executed and
acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15,2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned
Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the PresirJent, or the Executive Vice President, or any Senior Vice President, of the Surety
Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September '|,5,2011:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certiflcations by the Secretary, may be affixed by facsimile on any power of atteney or bond
executed pursuant to the resolution adopted by the Board of Directors on September 15,2Q11, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the
Company.
00M1001 3 00 03 03 Page 1 of 2 Printed in U.S.A.
16.A.2.b
Packet Pg. 429 Attachment: Bond Basis (14753 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 3)