Agenda 09/14/2021 Item #16A37 (Performance Bond Release for Avalon Park Phase 4 PL20210000269)09/14/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$164,980 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20210000629) for work associated with Avalon Park Phase 4.
_____________________________________________________________________________________
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 Avalon Park Phase 4 PPL, (PL20210000173). On June
8, 2021, 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 Performance Bond in the
amount of $164,980. 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.37
Packet Pg. 1042
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.37
Doc ID: 17730
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $164,980 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20210000629) for work associated with Avalon Park Phase 4.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/09/2021 3:11 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/09/2021 3:11 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/09/2021 3:21 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/09/2021 3:27 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/09/2021 9:41 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/10/2021 12:29 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 08/11/2021 11:19 AM
Growth Management Department Trinity Scott Transportation Skipped 08/10/2021 7:40 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/11/2021 11:24 AM
Growth Management Department Mike Bosi Growth Management Completed 08/12/2021 2:16 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/12/2021 2:20 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/12/2021 2:58 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/13/2021 9:15 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 10:55 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.37
Packet Pg. 1043
AVALON PARK PHASE 4
LOCATION MAP
16.A.37.a
Packet Pg. 1044 Attachment: Location Map (17730 : EWA Bond Release - Avalon Park Phase 4)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this , / / t
day of
, 2021-, between Pulte Home Comoanv. LLC hereinafter refened 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 to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. P120210000629 (the "Early Work Permit").
NOW, THEREFORE, in mnsideration of the foregoing premises and mutual covenants
hereinafier 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 hereoO in the amount of
$___1_6,1,999-q9-
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 notifies 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 mmpletion,
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 lo
public advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principal underthe early performance secudty, shall be liable to pay
and to indemnify the Board, upon completion of such construction, the final total
4
5
6
1.
2.
3.
16.A.37.b
Packet Pg. 1045 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either drrect 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.
IN WITNESS WHEREOF,
7
executed by their duly authorized
20 zt
the Board and Developer have
representatives this . " '
caused thi ment to be
day of
SIGN
Sign:
ED IN THE PRESENCE OF:1.{.ffi.(Name of Entity)
Ft<lur-,* u.filt&L)/-
Printed Name
Pu
By
Ite Home CompanyzLLC,
: -Vtrz/.. ( 54.2_ (_
Sign:d
Z<.)
Printed Name
ATTEST
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Coun & Comptroller
Collier County, Florida
roved as fo legality:
rGk rry
Michael Hueniken - VP of Land Development
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COI-I-IER COI INTY
as designee ofthe Countu Manager
pursuant to Resolution No. 2015- 162
By
Assl.stert County Attc CY
""V_
16.A.37.b
Packet Pg. 1046 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
KNOW AI.L PERSONS BY THESE PRESENTS: thd
(NAME OF OWNER) Pulte Home ComPany' LLC
(ADDRESS OF OWNER) 24311 Walden Center Drive, Suite 300
(horghafisr retered to as'Ovn€t') and Bonita Springs FL 34134
(l.lAME OF SURETY) Liberty Mutual Insurance ComDany
(ADORESS/TELEPHONE NUMBER OF SU*EW1 175 nerkelev Street, Bost6n, MA 021 l6
Exhlhlt nAi
Bond No. 268014414
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
(hereinafter refened to as 'Suret/') ere hdd and firmly bound unto Collier Co.mty, Fbdda, (hareinaft*
reforr€d to as 'Co{rntf) in the tolal aggrogate sum of *Ddlarc ($ 164,980.00 ) ln la*tu|
mon€ry sf tho United Statos, for lh€ paymoot of wftbh sum w€ll and truly to b€ mado, ne bind our3dv6,
our heirc, exeqrtrcrs, admhietrator8, sucoossoG and assigns, join y and severally, firmly by hese pr€s€ntB.
Owner ard Suaety are us€d br singula. or dural, as the context.equires.-ONE HUNDRED SIXTY FOUR THOUSAND NINE HUNDRED EIGHTY AND OO/1OO
THE CONDITION OF THIS OBLIGATION is such thet rytl6$, lh€ Owner has submitted for appro\ral by
tha Board a certein E ly Wort Authorization Pemil, \fi,@A ot862q ard that cortain Early Wort
Althorizatbn shall includ€ specilic improvements which are required by Cdlier County OrdlErrc€s and
Resolutions (her€inafler 'Land Oevelopment Regulatlons'), This obllgEtion of lhe Suloly shall comrn€nce
on the date this Bond b 6x68ted erd shall contnue unlil tho complotion of the work and apfoval by ths
frunty of th6 spocilic lmprovonEnt8 doscrib€d in the Land Dorrdopment Regulations, or until issuarEs of
a subcequent tinal dev€lopmenl ords such aB an Site D6vdopment Plan (SDP) or Subdivisbn Plat and
Plans (PPt) (her€inaffer the Guaranty Porbd)or until redaced by a new bond in th€ event of a drango in
Oirn€rship.
NOW THEREFORE, f th€ Owri€r shall wdl, truly and laithfully perform its obligatkxs and dutiea in
accordance with th6 Land O€vdopment R€$rlatlons during tfio guaEnty period established by the County,
and th€ olvnBr sh6ll satbfy dl claims and demards inarred and shall fulty lnd6mniu and savc harml8s
the County from and agEinst all co6ts and darnagE whidr it may sufhr ry reson of Orn€/s failure to do
so, and Ehall roimburso and repay ths County all ou0ay ard exp€nso whbh tho County may hcur in maklng
good arry detault, th6n thls ouigation shal be vold, oth€rwis€ lo remah in full fo,ce and effed.
PROVIDED, FURTHER, that the said Surety, for value reo€ived her6by, stpdatB8 and agrEs that no
charEe, exlension of time, alleratlon, addilion or deletion to the propG€d sp€dllc lnproromenb shell in
any rrnay afiad its obligEtion on this Bond, and it does h€reby waive noti:€ of any sucfi changp, exlanslon
of time, alteratbn, addition or del€lion to the proposed specilic improvom€ntg.
PROVIDED FURTHER, that it h exp.833ly sgreod that the Bond shall be deemed amendod
automatically and imm€diatdy, wltho{.lt formal and s€parate am€ndments tEreto, so as to bind the O nsr
and th€ Srnoty to th€ full and faihful perfomanco in accddance with th€ Land D€vdoprnent R€gulatbn8.
The tsrm 'Amendment,' wherwor used in this Bond, and whether refening lo this Bond, or other docum€nls
shall include any alt€ration, addition d modification of any character whalsoever.
lN WTNESS WHEREOF, ths parties tErelo have causod this PERFORMANCE BOND to be oxeqrlsd
thb 6th dqy dMav 2021
WITNESSES:
S SEE ATTACHED SIGNATURE PAGE
By:
Printed Nam
D. Bryce Langen, VP & Treasurer
Pulte Home Company, LLC
(owner Name and Thl€ if Co0oration)
kr"&
ilL Printed Name/Iitle
(Provide Proper Evldence of Authority)
PrintedName ellA flnt 5
16.A.37.b
Packet Pg. 1047 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
executed this Ua day of /Y\a^*'
c
Pultc Home Company, LLC
,2021.
PRINCIPAL
BY: D Bryce n, VP & Treasurer
Notary Attached
16.A.37.b
Packet Pg. 1048 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED -BEFORE ME BY.MEANS OF
El pt-tvsrcru- PRESENCE oRE o{LtNE NorARlzATtoN rnts lla oAY oF MAv
m zt- By (itAME oF ACKNowLEDGER) As frtrt-E) or (Haue oF coMpANy) vr,]to rs
STATE oF GEORGIA
COUNTYOF FI}ITC)N
PERSONALTY KNOWN TO ME. OR HAS PROOUCED
GEORGIA
I..lolary Publh - Stats of _
Printed E. HUTCHINS
WITNESSES:
an
e
AS IDENTIFICATION.
utu Insurance ComP
if Corpo
?r^i.
ttomey-
(sEAr-)
By
Printed Name/ritle
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF Illinois
COUNTY OF Lake
THE FOREGOING PERFORMANCE BONO WAS ACKNO\A'I.EDGEO BEFORE MEBY MEANS OF[} pnvsrcr. eRESENCE oRD oNLTNE NorARtzATtoN THts 6th DAy oF May
m_2J_, BY (NAME OF ACKNOWLEDGER) AS (TmE) OF (NAME OF COMPA{U Wrc tS
PERSONALLY KNOWN TOME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of Illinois
(sEAL)
See AttachedW
H
SHIRLEY E HUTCHINS
Notary Puuic- State ol Georgia
Fulton Counly
My Commssion Expires Mar 18 2022
Printed Name
r +EIS{26506
ACKNOWLEDGEMENT
L
16.A.37.b
Packet Pg. 1049 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
ACKNOWLEDGMENT BY SURETY
STATE OF lllinois l.tCounty of Lake
On this 6th day of May 2021 , before me personalll
appeared Peter S. Forker , known to, me to be the Attorney-in-Fact of
Liberty Mutual lnsurance Company
, the corporati(,n
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in this certificats first above written.
Notary Public in lllinois
County of Lake
OFFENL SEAT
tGtEocA f JottLE
I{OIARY fu8LIC, STATE OF ILLIIIOIS
tl, Cqm|.lsion Erptls 9/2224
s-0230/GE 10/99
XDP
ss.
-/-n
16.A.37.b
Packet Pg. 1050 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)
w Libertv
Mutuil.
Thi6 Pora, od Atlom€y limit! tro adr of thoa€ namad h€Ein, and th€y hly€ no ruthority to
Und $r Conpany axcopt ln li6 nannor and b lha axbnt hersin atrhd.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
Cerlificats No: 820.4161-972267
SURETY
KNOW ALL PERSONS BY T}IESE PRESET{TS: TIet the Orb C€sudty lrEurdEe CdrD*ry is a corpo.alirn &ly .EanizEd und€r tle laws oI he S& d NE{ Hampshire, tEt
Ubeaty [fufa] lnguranrs Company is a co.poralim duly dganizod unds the hw! ofuo Stab oft esadu6tls, and W69t Arnsican lnsuaance Compary b a co.poaalh duly orgenized
Hillcstld: Peter S. Forker; Rebocca M. Johlic; Sicphanie C. AndeBon; W. C- B€hnke; William C. Behnkc
dl of h6 city ol Chicao Sate d_ lL_ €6d indi'/itudly if fE e be ruo 0lal ors nan€d, ils bue and lawtulabnryjnjacl b make
€xoqrb, so6l, addwbqs ed ddive,, tor ad oi ib bdrdt as $xdy and as ib ad ad do94 any dd dl udcb*jogs, bqds, rccognizdrc€o drd od|{ srffy odigdirli, ii F]lluance
of &86e prosf'lb 0nd stofi bo as tfiding upon he Cqrpari6 as if hey havo boen duly si.,ned by tE F6.il€nt and sthst€d by he sdrtary of h6 Compani66 in tdr oryn proper
p€,sarF.
lX WITIIESS WHEREOF, fib Posd of Alb.noy ha bodr subBdibed by .n arho.ized offcsI or omdd of t€ Codtparhs and t'o cqpqato 8eb of he Co.rpdlis h8w b6lr 8fired
hedhte 26th dayof Ausust 2020
Ubqty l rt/d lnsurance C,qnpary
Ire Ohio Casldty LEurance Compary
lnsurance C{rnpany
By
oavid M.Assbbnt
SIaIe of PENNSYLVANIA
Coonty ol MONTGOMERY
Or hb 26th day of Ausust , 2020 b#e nB peGqldly appe.sd 0a d t{ Caq, d}o adtul€dged tturldl to bo [te Asd{rnt Ssdery ol Libgty lilubd llEurarce
hqeh continod by *nirE qt bdtef d tte cdpdalidrs b, hirtsotl a! a &t a]tBized frcer.
lN WITNESS IIIGREOE I havo hcronb sub6.rbed my namo drd afir€d my n*dd 306l at Kng ol Prusia, P6n3yivdia, .n ho &y ad ys.r fird abqre f,tit8n.
COIIIONWEALTH Of P€NIISYLVA'{TA
B'rl
e{6a Pas&lla, llcb.y PuuicL66, FrdrrEa As-.. ol iLEt.
Ttls Pfl€r of Atorney lr mEde ad ercqlhd FrBUant b rd by au$qily d tE florirg Eylalr6 ad Arrt|qizrliol9 0f Tho Oio Caludty lrlu-drce Cqrpgly, Lfcty l dral
ln$rdl.o Cqrlnrty, at l\H An6i:a l.Brsr.e C(Ir?aly rt i r€3dr.{irr3 are nd in tull tuts ad cfu ,€a&{ as hlds
ARTICLE lV - omCERS: S.dion 12. Po*s of Abruy.
Any ffi.r. d odl€ di.id d tE C{rpadh artldizd tu tld purpG€ in sitit by he C[Emar q UE Pre.idqt rlld s]bjed h srdl liniHh a3 the Chahtl€l] c fie
Pro.idont n|.y Fqsqibo, dla! sppoiri e.dl d.rrt6Fh-h4 c rlay be n*s€ry to ad in b.td, of he C.rpadion b matB. €teqrb, s.al, edndledgs and d€ayq a! $rsty
hav6 ft{ pd.s to Und f|e Capddhi by ft* dgtatne ad €xeq1i)n d gly sud irltum€iB rt to auadl hs$ tr€ gesl d tto CoDqdio'. $rie so ereqrbd, Eldr
instlmglb shall bo as liftlrg as if dgEd by he Pr6k €ot ad atbstGd to by dro S€qEtr.y. tuy pq*er ( alffiy grantod to aty |EFBcrblir/9 o. 8fiodleth-hci ud€r he
p.uJilk u oa hb elido.nty bo rrl/o*!d d ary line by tl€ Boa.{ he Cfiahnen, tto Pi€3ird q by he 0fic6.6 oficds granlir€ srdr porc. d autpaity.
ART1CLE Xlll - Exrcudor of Contrb: Sodin 5. gxsty 8dlG dA U,tde.bfin$.
tuy ofrcer ot tE Cdnpsny autlcized h. th8t pupG€ in uitrg by trc rrtakmat q he Fsirrq( ad subje.i to sud limibtorls ar tle dBiIIun ( h6 Fq*tot m.y F€r{rib€.
shal aFdt edt erEy&h-bd 8s m8y b€ n€cess.ry b ad in bdtaaf of tt€ Ccnpary b m*e, €leoIo, sed, odrlorl€dg6 dt d.liye, as e.rdy ily rd dl ui.rtddrls
bql6, rooogoi.rn B dd ohd sur€ty ou(ration6. $dr ltxney+ir-hd subjed b ho limiblb.E s.t fu& in tFjr lr3p€dit.g polqg of atorn6y, $al hav€ tu! poxe, to Und he
Cllnpaty by 0tej.si$latrr.nd d.oiix d ary sudr irEtumgrb ad b atad tErb 0l€ !€61 ol tE Cmpany. l4tEr !o asotrad sldl instundb shal bo rs linding as I
*ln6d by tle Frsirqnl ad esbd by he s€.naary
ftd.s n€y be n6dy b 8.f o1 bdrdf dtle Conpay to mal@, 6xelb, sEl, actnq@€ ad dd q I srdy dry rd dl unffiilE6, M, GcqnizaE6 '|d dl, suety
odigdixts.
Autho&dolr - By unanir,uB caEd{ d he Cqnpanys B@d d Oir{bG, ho Cdlpqly cmsefib tlat fetnls (r mdrr*zty l€gofu! *Fstnr d aty assbbnt !€{r&y of he
t'ro salrE torc6 ad efbd as hough meudy .ft€(
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16.A.37.b
Packet Pg. 1051 Attachment: Bond Basis (17730 : EWA Bond Release - Avalon Park Phase 4)