Agenda 03/23/2021 Item #16A 9 (Performance Bond Release - SkySail Phase One)03/23/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$72,400 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20200001503) for work associated with SkySail - Phase One.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected and the developer has fulfilled his commitments with
respect to this security. The performance security was posted as security for clearing and site filling
associated with an Early Work Authorization for SkySail - Phase One PPL, (PL20190001066). On
October 27, 2020, the PPL was approved by the Board of County Commissioners and the bond is no
longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the
EWA.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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 Cash Bond in the amount of
$72,400. Development Review 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. 641
03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 15018
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $72,400 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20200001503) for work associated with SkySail – Phase One.
Meeting Date: 03/23/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/10/2021 11:54 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
02/10/2021 11:54 AM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 2:55 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 4:20 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 1:06 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 11:41 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:43 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:38 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:34 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 9:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:16 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/08/2021 10:32 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/10/2021 5:02 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.A.9
Packet Pg. 642
SKYSAIL – PHASE ONE
LOCATION MAP
16.A.9.a
Packet Pg. 643 Attachment: Location Map (15018 : EWA Bond Release - SkySail - Phase One)
EARLY WORK PERFORIUANCE AGREEIMENT
EARLY WORK PERFORMANCE AGREEMENT entered into this aftb day of, THISlu-uo r 20 ao between NEAL COMMUNITIES OF SOUTHWEST FLORIDA,
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 early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees !o ensure compliance with the Early Work Regulations and Early Work
Authorization Permll No.pL10L0(00/5 ()1 (the "Early Work 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 agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$ /7a/,y'D,oo
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifles the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work, or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and recerpt and acceptance of bids, the Early Work. The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
1
2
3
4
5
b
16.A.9.b
Packet Pg. 644 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
7
totai 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.
d thls Agre ement to belN WITNESS WHEREOF, the Board and Developer hqve cause
executed by their duly authorized representatives this Jn ''r day of L{t 1-
20 -z)
Si gn
Printed Name Michele Zink
NEAL COMMUNITIES OF SOUTHWEST
FLORI
By
Ja s R. Schier, VP
(P ident, VP, or CEO)
Provide Proper Evidence of Authority)
Sign:
-,"hlq {l
Printed Name Amy R. Mallon
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Coun & Comptroller
Collier County, Florida
oved tof and legality
rek D. Pe rry
COL CO TY DAOF
By:ry
L'
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
Assistant County Attorney
SIGNED IN THE PRESENCE OF:
ATTEST:
T
BOARD OI- COLINTY COMMISSIONERS
16.A.9.b
Packet Pg. 645 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
Eyl-,,b,* A
PERFORIVlANCE BOND
FOR EARLY WORK AUTHORIZATIONS
Bond No CS3249828
KNOW ALL PERSONS BY THESE PRESENTS: that
Neal Communities of Southwest Florida. LLC
5800 Lakewood Ranch Blvd, Sarasota, FL 34240
(hereinafrer referred to as "Owne/') and
Great American lnsurance Company
301 East Fourth Street, Cincinnati, OH 45202 (513) 369-5000
(hereinafrer referred to as "Surety") are held and firmly bound unto Collier County, Florida,(hereinafter
referred to as "County") in the total aggreg ate sum of Seventv-two Thousand Four Hundred and 00i 100
Dollars ($72.400 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 Early Work AuthorEation Permit No. P-LX! 7o lp-gE-6 and that certain Early Work
Authorization shall include speciflc 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 js executed and shall continue until the completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in
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 defautt, then lhis obligation shall be void, otherwise to remain in full force and etfect
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 PERFOR[,4ANCE BOND to be executed
this 20th day of August, 2020
WITN ESSES:Neal Comm ies of Southwest io ri a, LLC
By
Miche e Zink
Printed Name
Printed Name/title .lames R. Schier.r. Vice Presidenth
Printed Name Amy R. Mallon
(Provide Proper Evidence of Authority)
l-.tvV-e,l..J_-
f,-/^
16.A.9.b
Packet Pg. 646 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
ACKNOWLEDGEMENT
SIATE OF FLORIDA
COUNTY OF SARASOTA
THE FOREGOING PERFORI\4ANCE BOND WAS ACKNOWLEDGED BEFORE IME BY ]\,,]EANS OFX pHvsrcnr PRESENoE oR E oNLINE NoTARIZATIoN THIS f,-7 OAY Or Arta ys l-
20 ?,p BY James R Schier NAI\.4E OF ACKNOWLEDGER) AS Sr. Vice President (Tl-[EilF Ne4
Communities of Southwest Florida LLC (NAME OF COMPANY)WHO IS PERSONALLY KNOWN TO ME,
OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of Elglislg
(SEAL)
Printed Name Michele Zink
B
W]IN ESSES
Printed Namer Jerri Keller
Printed Name/Title: Tanya L. Russo, Attorney-in-Fact
(Provide Proper Evjdence of Authority)
Printed Name: Helena Beam
ACKNOWLEDGMENT
THE FOREGOING PERFORI\4ANCE BOND WAS ACKNOWLEDGED BEFORE l\ilE BY I/EANS OF
Rpuysrcnr PRESENCE oR BlLlNE NOTARIZATION THIS 2O'h DAY OF Auoust, 2020, BY Tanva L
Russo (NAlvlE OF ACKNOWLEDGER) AS Attorne -in-Fact TITLE) OF Great American lnsurance
Companv (NAL,IE OF COI\4PANY) WHO lS PERSONALLY KNOWN TO lilE, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
Pnnted Name
*$;*liil;,-ji uu, H .,u,_.',:.:r.u,ffi
is Notary Publc Stab oa Flo.ida
Mi.tEle Zink
My Comltn3]oo GG 33513
Etqira3 07/13:1023
I.ARY UNGI."EY
NOTARY PUBUC
STAIE OF FLOFIDA
l{o. oG sao44
IY @t t tssloN EXPIRES MAR
t+lits-02650.6
angley
'1N\wrJ-\
Great Am erican lnsurance Com panv
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
16.A.9.b
Packet Pg. 647 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
GREAT AMERICAN INSURANCE COMPANY@
Adminisrrative ofiice: 3ol E 4TH STREET . CINCINNATI, OHIO 45202 . 513-369-5000 0 FAX 513-723-2740
The number ofpersons authorizql by
this power ofattomcy is not morc tharl FOUR
No.0 21328
POWER OF ATTORNEY
KNOW Al,L MEN BYTHESE PRESENTS: That thc GREATAMIjRICAN INS(JRANCE COMPANY. a corporalion organizcd and existing urdcr
and by virtue of thc laws of the Star. of Ohio, does herelry nominat , corstilute and appoint thc person or persons named bclot! each individuauy if more lhan
onc is named. its truc and la*'fu, artomey-in-fact, lbr il and in iLs name, place and stead to cxr.ute on behalfol the said CompaDy. as surety. .tny and all bonds,
undcrlakings and qrnracts ofsureryship, or oLher \r'ritten obli€lations in the nature thereot provided that th€ liability ofthe said Company on any such bon4
und€naking or coniract ofsuretyship executed under this authorily shall not exceed lhe limit stated below.
FREDERIC M ARCHERD, JR
TANYA L RUSSO
RICHARD P RUSSO, JR,
MARY MARIHA LANGLEY
ALL OF
TAMPA, FLORIDA
l.iBlit of Po\r'cr
ALL
s't 00,000.000
This Pow.}r ofAttomey rcrokes all previous poD'ers issred on behal f of t-he artorney(sfin-Iact namcd above-
IN WIT\liSS WIIERIIOr'rhe GREATAMERICAN INSURANCE ('OMPANY has caussllllese presems !o be signed and atlesred hy i!s dppropnar
ofliclTs and its corporarc seal hereunto affixl.d lhis 18TH day of JUNE , 2019,$cr.B*o**o*""o*lfil'"/t*
lrekiotul \intot k." Pr.lali
STATL OF OHIO. (.(Xj\TY ()I I IAMILIO\ - ss. MARK vrcaRo (37-37r-2405)
On rlis 18TH day oI JUNE , 2019,belbremcplF"onalyafrp.aredMARKvl(ARlo,.omelaloqn,
beinS duly swom. deposes and says that he residcs in Cincinnati, ohio, that he js a Divisional SeniorVice President ofthe Bond Division ofGrea!American
Insurance Conpary. the Company dcscrib€d in and which execulcd the above insuum€nt; that hc knows th€ seal o f the said ( lo nrpany; thal thc seal amxed k, the
said instmment is such corporatc scali &at it was so affixed by aulhority ofhis offic€ undcl l-he By-Laws of said Conpmy, .ud that he si€led his name thcrcto
by like authdty.
41.*
5U5AN A XOHORST
Notary Publlc
State o{ Ohio
t{y Cofim. E&lr€'
ALy 18, 2025
a,*
This Power ofAttomey is grant€d by aulhori!y oI the lir llowing resoltr tions adopted by the Board of Directors of Creal Am€ican Insurance Company
by unaDimous \iritten consenl dated June 9. 2008.
RESOLI'ED: That the Divi\ionat President, the s^,erol Divisional Senbr lice Prcsidents, Di|isional t'ice Presidents and Di|isonal Assistunt hrc
Prcsidents, or any one of then, be and hetebr is uuthotized, tom tine to time, ta appoint onc o. nare AttomeNs-in-Fact ta cxetute oa hehoU of the Conpcnr,
as surety, any and ullhonds, ndertakings atul conhtrct of sirefship, or other witlin obligar ions tn the nuntr thcral lo ?re',rihe rhetr rcltictte duriis aitl
lho nspeche li its of their aurho tiry*: and to revoke anl'such uppointnent at dn.t tinrc-
RESOI,I'ED FURTHI:R. That the (bDtpdnl sedl a d the signature ofanr o.f the albresaid olfr&rs and an! S&-retd^.or Assistunt Secretan oI thp
ot othtr witten obliga lion in the iutu'-e thereof, sltth sig oture a nd seal when so used being hercb), adoptetl b), the Compan| a: the onginol si gnatur al su&
ollicer aacl the oiginal seal of the (irnpanr, n] be valid antl binding upon the Conpanr nih the saneforce and ellect as though manuallv alJirerl.
I, STIIPIIEN C- BERAI IA, A ssistant S
lhe R.{olurions ofthc Board of Dirtlclors of.lune 9.
signed and scaled this 26U-
Cf,RTIT'ICATION
cc retary o I ( irear A mencdn In suance ComFary. do hereby ccnr Ij !b aL rhe fo..eo, ra fD$ff 6;di*Gv
"rd1008 have nor been revokcd dnd jre no\^ln tull force and effe.r .r\', {:a.U.h;::!.r-*''Ir<?,a# /*7: j:I5;;;;.ry=
trj"s,3"$nir;_"t'; a;,;".,II's""'l'it"tl"' 't ?.
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16.A.9.b
Packet Pg. 648 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
Detail by Entity Name
Flonda Deoartmeot of Slate
Page 1 of2
Dlv s oN oF CoRPoRAroNs
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Detail by Entity Name
Florida Limited Liability Company
NEAL COMMUNITIES ACQUISITIONS, LLC
Filino lnformation
Document Numbe. L09000045195
FEUEIN Number 27-0292218
Oate Filed 05/08/2009
State FL
Slatus ACTIVE
Princioal Address
58OO TAKEWOOD RANCH BLVD
SARASOTA. FL 34240
Changed: 0412212013
Mailino Address
58OO LAKEWOOD RANCH BLVD
SARASOTA, FL 34240
Changed 0/,122D013
Reoistergd Aoent Name & Address
SCHIER, JAMES R
58OO LAKEWOOD RANCH BLVD
SARASOTA. FL 34240
Address Changed: O4|22DO13
Authorized Person(s) Detail
Name & Address
Tit e MGR
SCHIER, JAMES R
58OO I-AKEWOOD RANCH BLVD
SARASOTA, FL 34240
Tite s
HEIM, PRISCILLA G
58OO TAKEWOOD RANCH BLVD
SARASOTA, FL 34240
http://search.sunbiz.orgllnqtiry/CorporationSearch/SearchResultDetail?inquirytype:Entity... g/2g12020
16.A.9.b
Packet Pg. 649 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
8131t2A20 Detail by Entity Name
alvtstoN of CoRPoRATroNs
D!'lituti uj
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Oep,edllgd,slstelg / Divlsion of Coroorations / Search Records / Sear.h by-EEtjly-Ns4g /
Detai! by Entity Name
Florida Limited Liability Company
NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC
Filing lnformation
Document Number L09000120732
FEI/EIN Number 27-1576866
Date Filed 1211812009
Effective Date 10/19/1995
State FL
Status ACTIVE
Last Event CONVERSION
Event Date Filed 1211812009
Event Effective Date 1213012009
Princip3lll!&llesE
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Changed: 0311512013
Mailing Address
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Changed: 0311512013
Eegistered Agent Name & Address
SCHIER, JAIVES R
58OO LAKEWOOD RANCH BLVD,
Sarasota, FL 34240
Address Changed: 031 I 51201 3
Authorized Person(9) Detail
Name & Address
Title IMGR
NCDG MANAGEMENT, LLC
58OO LAKEWOOD RANCH BLVD,
Sarasota, FL 34240
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16.A.9.b
Packet Pg. 650 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
8t31t2020 Detaal by Entity Name
Title P
STOREY [/ICHAEL A
58OO TAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
SCHIER, JAMES R
58OO LAKEWOOD RANCH BLVD.
Sarasota, Fl34240
Title S
HEIM, PRISCILLA G
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Sochar, Mark
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
Puente, Carlos
58OO LAKEWOOD RANCH BLVD.
Sarasota, F:34240
Title VP
Cioffi, Kathy
58OO LAKEWOOD RANCH BLVD,
Sarasota, FL 34240
TitIE VP
CIark, Chris
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
Colliet John
58OO LAKEWOOD RANCH BLVD.
Sarasota , FL 34240
Tltle VP
Cronshaw, Tashara
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnatial&searchNam6Order=NEALCOMMUNI...2/4
16.A.9.b
Packet Pg. 651 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)
at31t202a Detail by Entity Name
DrvrsroN oF CoRpoRArroNs
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Detail by Entity Name
Foreign Profit Corporation
GREAT AMERICAN INSURANCE COMPANY
Filing lntormation
Document Number 80576'l
FEUEIN Number 31-0501234
Date Filed 0511511944
State OH
Status ACTIVE
Last Event NAME CHANGE
Al\iIENDMENT
Event Date Filed 1012711976
Event Effective Date NONE
Principd_ll!&!!ess
301 E. 4TH ST
1sTH FLOOR
ctNctNNAT|, oH 45202
Changed: 0411412O2O
Mailing Address
301 E. 4TH ST
1sTH FLOOR
CINCINNATI, QH 45202
Changed: O411412020
Eegistered Agent Name E Addr6ss
CHIEF FINANCIAL OFFICER
2OO E. GAINES ST
TALLAHASSEE, FL 32399-OOOO
Name Changed: 031 17 12003
Address Changed: 02127 1201 4
Officer/Director Detail
Name & Address
Title D/SVP/CFO/I
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16.A.9.b
Packet Pg. 652 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)