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Agenda 09/14/2021 Item #16A40 (Performance Bond Release for Hamilton Place PL20190001067)09/14/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number PL20190001067 for work associated with Hamilton Place. 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 Hamilton Place. The As-Built lake cross sections have been received and the lakes has been inspected on June 16, 2021 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 $25,000. 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.40 Packet Pg. 1068 09/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.40 Doc ID: 16316 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number PL20190001067 for work associated with Hamilton Place. Meeting Date: 09/14/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 06/18/2021 12:18 PM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 06/18/2021 12:18 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/18/2021 2:39 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/19/2021 3:05 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/21/2021 3:15 PM Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/21/2021 4:55 PM Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/25/2021 2:58 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/25/2021 3:07 PM Growth Management Department James C French Growth Management Completed 06/25/2021 6:12 PM Growth Management Department James C French Transportation Skipped 06/25/2021 6:13 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 06/28/2021 10:54 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2021 3:37 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 07/02/2021 11:48 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2021 8:43 AM Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM 16.A.40 Packet Pg. 1069 HAMILTON PLACE LOCATION MAP 16.A.40.a Packet Pg. 1070 Attachment: Location Map (16316 : Excavation Bond Release - Hamilton Place) THIS EXCAVATION PERFO 20 l9 between Toll 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 HAH.ffi-^'"::1fl l,:,"[r"J;:.ir,'i:,-]ea","*li:fl EXCAVATION PERFORMANCE AGREEMENT 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 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 hereof) in the amount of $_25,000 00_ 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 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 Manager or designee may catl 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, 1 3 4 6 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. _j_ (the "Excavation Permit ). ?L 20 t loootnL 7 2. 5. 16.A.40.b Packet Pg. 1071 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) 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. 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. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this ,q't day of A" I n - ,20 11 . D(os. dl4 Tollflrot{.rcru, lnc. ,WL"t\,By tL4SIENCE OF Printed Name Sign Vo.Fe Btq I Printed Name ATTEST: Crystal K. Kinzel, CLERK By Clerk of the Circuit Court & Comptroller Collier Counfy, Florida to form and legality: 5a I A.fis|r.or Kevin Brown Division Sr. V.P BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY RIDA By L q AS of the County Manager Assistant County Attorney pursuant to Resolution No. 2015-162 #'eu) 16.A.40.b Packet Pg. 1072 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) /v[,b;.1 "A PERFORMANCE BOND FOR EXCAVATION WORK BOND NO: 07 63294 KNOW ALL PERSONS BY THESE PRESENTS: that TOLL BROS, INC. 24310 WALDEN CENTER DR- #204, BONITA SPRINGS, FL 34134 (hereinafter referred to as "Ownef') and INTERNATIONAL FIDELIry INSURANCE COMPANY 2570 BOULEVARD OF THE GENERALS, NORRISTOWN, PA19403 (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 Twentv-Five Thousand and Zero Cents ($25.000.00) 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,.iointly 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. PL2019000'1067 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 Owneds 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 thls 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 WHEtnis l?'| h oav REOF. the oaOf M*Y rties hereto have caused this PERFORMANCE BOND to be executed ,2019 TOLL BROS. INC frrr</s lLL{z Kevin Brown - Division Sr. Vice President Printed Name WITN ESSES: 16.A.40.b Packet Pg. 1073 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) srATE oF Ftond o,- COUNTY OF VCC, THE FOREGOING PERFORMANCE BO 2019, BY Vitn'A ND R,. ACKNOWLEDGEMENT WAS ACKNOWL Bto,^lrt (TTTLE) OF TOLL BROS. tNC. WHO tS AS IDENTIFICATION. EDGED BEFoRE ME THrs d oo"OF AS OR (NAM OF HAS PRODUCED Notary Public - State of Fl ondw Bmt Name WITNESSES Lois E. Eshlema n - Printed Name Theresa Bassett - Printed Name Notary Public - State of PA (sEAL) INTERNATIO LIW INSURANCE COMPANY Printed Name/Title Daniel P. Dunigan, Attorney-in- Fact (Provide Proper Evidence of Authority) By: ACKNOWLEDGMENT STATE OF PA COUNTY OF CHESTER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 13 TH DAY OF MAY, 2019, BY DANIEL P. DUNIGAN AS ATTORNEY IN FACT OF INTERNATIONAL FIDELITY INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME. (sEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAT sEAL ARI"ENE OSIROFF, Notary Public Wittistorvn Townshlp, Chester County My Commislon Explres December 3, 2020 Y KNOWN TO .:r!iit&r,;,iA r;: ".r...-ffi-,i,ij I(^It€BLEIL lfl coMMlssiotl # FF 960724 E(PIRES: tr&dr 2,2t20 Boodod Thru HohrY Public Under*lbo Printed Name - Arlene Ostroff 16.A.40.b Packet Pg. 1074 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) POWER OF ATTORNEY BONd# INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALW COMPANY One Newark Center, 20rh Floor, Newark, New Jersey 07102-5207 PHONE: (973) 624-7200 O7 61291+ KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitule and appoint RICHARD J. DECKER, WLLIAM F. SIMKISS, JOSEPH W. KOLOK, JR., BRIAN C. BLOCK, JAMES L, HAHN, DANIEL P. DUNIGAN Paoli, PA their true and lawful attomey(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 writings obligatory in the nature thereof, which are or may be allowed, required or permifled by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALW COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant lo and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY GOMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the '10th day of July,2015 . "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments ol Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Atlorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation, and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affxed by facsimile to any power of attomey or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other writlen obligalion in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." lN WTNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALW COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice Presidenl, lntemational Fidelity lnsurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who execuled the preceding instrument, to me personally known, and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporale Seals of said Companies; that the said Corporate Seals and his signature were duly affxed by order of the Boards of Directors of said Companies. lN TESTIMONY WHEREOF, I have hereunto sel my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written- CathyCruz a Notary Public of New Jersey My Commission Expires April 16, 2019 CERTIFICATION l, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have cornpared lhe foregoing copy of the Power of Attomey and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attomey, with the originals on file in the home of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attomey has.not been revoked and is now in full force and effecl. lN TESTIMONY WHEREOF, I have hereunto.sdt my hand on this day, MAY 13 , 2019 1e sEtl- I904 1 936 * z. * 881448 lrene Martins, Assistant Secretary NOTARY i> t->.-''.7 puaLrc il-t&G 16.A.40.b Packet Pg. 1075 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20nl FLOOR, NE\AIARK, NEWJERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2018 ASSE-TS Bonds (Anrortized Value) Common Stocks (Market VaJue) Mortgage Loans on Real Estate. Cash, Bank Deposits & Short Term Investrnents . . . Unpaid Premiums & Assumed Balances Reinsurance Recoverable from Reinsurers. . . . . Electronic Data Processing Equipment Investrnent Income Due and Accrued Current Federal & Foreign income Tax Recovemble & lnterest thereon Net Deferred Tax Assets Reieivables from Parent, Subsidiaries & Affiliates Other Assets TOTAL AS-CE'IS LIABILTTIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net as lo Reiasurance Ceded and lncurred But Not Reported Losses) Reinsurance Payable on Paid Lcsses and Loss Adjusknent Expenses. . . . . Loss Adjustment Expenses. CommLssions Payable. Confingent Commissions & Other Similar Charges Other Expenses (ExcludingTaxes, Licenses and Fees) Taxes, Licenses & Fees (Excluding Federal lncome Tax) Unearned Premiums Dividends Declared & Unpaid: Policyholders&Stockholders. . . . . . . . . . Ceded Reinsurance Premiums Payable Funds Helcl by Company under Reinsurance Treaties Amounts Withheld by Company for Account of Others . Provision forReinsura-nce . . . . . Payable to Parent, Subsidiaries and Affiliates OtherLiabilities.... TOTAL LIABILTTIES Comnron Capital -stock . Gross Paid-ir & Contrilruted Surplus Surplus Notes Unassigned Funds(Surplus) . -... Less: Treasury Stock at cost (50,682 shares coormon) (r,alue incl.95.) Surplus as Regards Policyholders TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 9126,s25,302 24,794,fi2 344,U0 42240,186 9,544,138 83,550 423,"80 7,N7,538 9n,473 1.298.91 2,216,M5 't8,N0,278 w,729,247 1,%5,133 3,970,677 \n7,782 4,194,006 445,580 38,399,862 700,000 "}57,y731,031 70,169,704 31,530 46,351 5,7M sl3?"274.173 $3,&0,000 374,640 16,000,000 81,855,190 $9s.825210 s?3&149-6?3 I, John M il4ruk, Treasurer of INTERNATIONAL FIDELITY INSUR.ANCE COI{PANY, certify that the foregoing is a fair statenrent of Assets, Liabijities, Surplus and Other Funds of this Company, at the close of business, December 31, 2018. as reflected by its books and records and as reported in its statement on file with the Insurance Depa$ment of the State of New Iersey. lN TESTIMONTY h+iEREOF, I have set my hand and alfixed the seal of the Company, this 22nd day ol February,2019. INTERN.ATIONAL FIDELITY INSLITLANCE COMPANIYSEAT r 904 *_i23$,r49,6?3-** A n1/tti 16.A.40.b Packet Pg. 1076 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) 7t1412019 Detail by Entaty Name DtvtsloN oF CoRPoRATtoNs r '/, 2t'i{,org !,ttttitr-tt r,tJrtUi*D!-ii!'J'!U! e-*'7*.. Denadaed_atslalg/DivisionofcorpelaliAls/SearchRecords/De!alL-By_DOC!!9!l}l!-Eber/ Detail by Entity Name Foreign Profit Corporation TOLL BROS., INC. Filing lnformation Document Number FEI/ElN Number Date Filed State Status Last Event Event Date Filed Event Effective Date PrincipaltkuIeEs 250 GIBRALTAR ROAO HORSHAM, PA ,I9044 F9400000s863 23-2417123 11114t1994 PA ACTIVE CORPORATE MERGER 1', 0112016 NONE Changed; 0412812009 Mailing Address 250 GIBRALTAR ROAD HORSHAM, PA 19044 Changed: 0412812009 Begistered Agent Name & Address UNITED AGENT GROUP INC 1,1380 PROSPERITY FARMS ROAD #221E PALM BEACH GARDENS, FL 33410 Address Changed: 091 1 31201 I Officer/Director Detail Name & Address Title Regional President PARAHUS, ROBERT 250 GIBRALTAR ROAD HORSHAM, PA 19044 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TOLLBROS F94... i/s Name Changed: 091 1312018 16.A.40.b Packet Pg. 1077 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) 7118t2019 Detail by Entity Name Title Group President NETRO, GREGORY S 160 Cape May Avenue Ponte Vedra, FL 32081 Title Senior VP WARSHAUER, MARK J 250 GIBRALTAR ROAD HORSHAI\4, PA 19044 Title VP & Assistant Secretary GREENSPAN. KENNETH J 250 GIBRALTAR ROAD HORSHAM, PA 19044 Title Director and CEO Yearley, Jr., Douglas C. 250 GIBRALTAR ROAD HORSHAM, PA 19044 Title Director, President & COO Hartman. Richard T. 250 GIBRALTAR ROAD HORSHAM, PA 19044 Title Director, Senior VP & CFO Connor, Martin P 250 GIBRALTAR ROAD HORSHAM, PA 19044 Title Senior VP & Secretary Snyder, Michael l. 250 GIBRALTAR ROAD HORSHAI\,4, PA 19044 Title Senior Vice President Barnes, Donald R. 3970 West lndiantown Road Jupiter, FL 33478 Title Senior Vice President & Treasurer Ziegler, Gregg L. 250 GIBRALTAR ROAD search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirltype=EntityName&directionType=lnitial&searchNameOrder=TOLLBROS F94... 2/5 16.A.40.b Packet Pg. 1078 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place) 7 t1at2019 Detail by Entity Name HOI.<SHAM, PA 19044 Title Division President Merten, Steven R. 160 Cape i/ay Avenue Ponte Vedra, FL 32081 Title Division President Fanning, Brock O. 2966 Commerce Park Drive Suite 100 Orlando, FL 32819 Title Assistant Secretary Adams, Christian E. 8893 Saint Lucia Drive Naples, FL 34114 Title Division President mster, Fredrick W. 951 Broken Sound Parkway Suite 180 Boca Raton, FL 33487 Title Division Senior Vice President Brown, Kevin R. 24201 Walden Center Drive Suite 204 Bonita Springs, FL 34134 Title Division Vice President Tucker, Rodney L. 24201 Walden Center Drive Suite 204 Bonita Springs, FL 34134 Title Assistant Secretary Olive, Mafthew W. 160 Cape May Ave. Ponte Vedra, FL 32081 Title Senior VP & CAO Grubb, Michael J. 250 Gibraltar Road Horsham, PA 19044 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TOLLBROS F94-.. 3/5 16.A.40.b Packet Pg. 1079 Attachment: Bond Basis (16316 : Excavation Bond Release - Hamilton Place)