Agenda 09/14/2021 Item #16A42 (Performance Bond Release for Maple Ridge at Ave Maria Phase 5A PL20170004095)09/14/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$84,300, which was posted as a guaranty for Excavation Permit Number 59.902-37,
PL20170004095, for work associated with Maple Ridge at Ave Maria Phase 5A.
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 an Excavation Permit associated with Maple Ridge at Ave Maria Phase 5A. The As -Built lake cross
sections have been received and the lakes have been inspected on May 27, 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 a Performance Bond in the amount
of $84,300. 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.42
Packet Pg. 1093
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.42
Doc ID: 16317
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $84,300, which was posted as a guaranty for Excavation Permit Number 59.902 -37,
PL20170004095, for work associated with Maple Ridge at Ave Maria Phase 5A.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/18/2021 12:46 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
06/18/2021 12:46 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/18/2021 2:44 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 06/19/2021 3:04 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/21/2021 3:16 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 06/21/2021 4:56 PM
Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/25/2021 2:59 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/25/2021 3:08 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 10:55 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 11:49 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2021 8:59 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.42
Packet Pg. 1094
MAPLE RIDGE AT AVE MARIA PHASE 5A
LOCATION MAP
16.A.42.a
Packet Pg. 1095 Attachment: Location Map (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
EXCAVATION PERFORMANCE AGREEMENT
Maple Ridge at Ave Maria Phase 5A - Permit No. 59.902-37
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _8th_ day of
February.2018 between CC Ave Maria, 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 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
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 $84,300.00
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 lt/lanager'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 lvlanager 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
3
4
5
b
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. 59.902-37, Maple Ridge at
Ave Maria Phase 5A.
16.A.42.b
Packet Pg. 1096 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
7
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 8fl^
have caused this Agreement to be
day of February, 2018.
,sf6z^-^g C,=6r-u
(, Foe.i e Astoi \ \
Printed Name
sisn: ft/L {lL
SIGNED IN THE PRESENCE OF
CC Ave Maria, LLC
Brian Goguen
Its: Vice ger
BOARD OF COLINTY COMMISSIONERS
OF
M^Jrlti..
Printed Name
ATTEST:
R.,.k.
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
AS of the County Manager
pursuant to Resolution No. 20 I 5- 162
zfeft s
liability company
16.A.42.b
Packet Pg. 1097 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
€tL.;h,*A
PERFORMANCE BOND
FOR EXCAVATION WORK
For Maple Ridge at Ave Maria Phase 5A
Bond No. 106819612
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables, FL 33134
(hereinafter referred to as "Ownea') and
Travelers Casualty and Surety Company of America
One Tower Square, 38
Hartford, CT 06813
(800)873-1477
(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 Eighty-four thousand three hundred and 00/100
Dollars ($84.300.00) in lawfut 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. 59.902-37 PL20170004095 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 rnclude any alteration, addition or modification of any character whatsoever.
[1s LDS 01554/1153600/1]
16.A.42.b
Packet Pg. 1098 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 8th day of February, 20'18.
WITNESSES:CA,*^b G-bUJ
Cftn+.r< Asbi\\
Printed Name By:
CC Ave Maria, LLC
a Florida limited liability company
Brian Go8uen, Vice P
Print Name/Title
ent
wA (L-L
M^!,r,,.,
Printed Name
f(;.(rt
ACKNOWLEDGEMENT
Notary Public - State of Florida
q (SEAL)
P ted Name ((Fl C>.i>ui
WITNESSQS:Tra Casualt and Surety Company of America
By:
Printed Nam obin Griffin
Charity A. Moser, Atto rney- ln- Fact
Printed Name: Lorraine Jones-M urray
ACKNOWLEDGIVIENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORI\4ANCE BOND WAS ACKNOWLEDGED BEFORE I\4E THIS _8th_ DAY OF
February, 2018_, BY Charity A. lvloser AS Attorney-ln-Fact OF Travelers Casualty and Surety Company
of America WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION,
AS
Notary Public - State of
P n ted Name
I(t,l D DAV DSON
liolrry PLrbli - Slole ol Flo, da
Co,nrn!9 o. * GG 154762
l/, Cat11lr, EU Es Feb 19 2022
hltd hru liddd ld4 b*
KRISTIN M. NEIERT
MY COMMTSSTON # GG 079764
ExPIRES: May 5, m21
Eoidad llY! No{r} Putlia Unddtribrs[15,LDS 01664/11s3500/11
(SEAL)
STATE OF FLORIDA
couNTY oF coLLtER
..+l^
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THISA DAY OF
_February_,2018, BY_Brian Goguen AS_Vice President OF CC Ave Maria LLC WHO lS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED
-
AS IDENTIFICATION,
rftu;Ar
16.A.42.b
Packet Pg. 1099 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED
POWER OFATTORNEY
Attorney-In Fact No.229466
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
larvs of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Huntley A. Hornbeck II, Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Charity A. Moser, and Dawn Y. Colecchio
of the Citv of Naoles State Florirla
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Tlavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
certincate *,.0 0 7 0 0 3 3 5 8
St. Paul Mercury Insurance Company
Ttavelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
c.
Marie C. Tetreault, Notary Public
Iheir true and lawful Attorney(s)-in-Fact.
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed. this -5rh
day of October 2016
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Robert L. Raney, Senior President
onthisthe 5th dayof October 2016,beforemepersonallyappearedRobertL.Raney.whoacknowledgedhimselfto
betheSeniorVicePresidentofFarmingtonCasualtyCompany, FidelityandGuarantylnsuranceCompany,FidelityandGuarantylnsuranceUnderwriters.lnc.,st.paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers
Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so ro do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
State of Connecticut
City of Hartford ss.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June,202l.
58440-5-16 Printed in U.S.A.
WARNING: THIS
By,
ATTORNEY IS INVALID WITHOUT THE RED
,,cmR4ro
,951
.-.
TRAVELERSJ
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16.A.42.b
Packet Pg. 1100 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)
WARNING: THIS POWER OF ATTOHNEY lS INVALID WTTHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guard;an Insura'nce
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant SecretzLry and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretaryi or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the fotlowing officers: President, any Executive Mce President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power ofAttorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy ofthe Power ofAttorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companr., ,nr, S Ou, o,Rhrunrv ,,.18I
{
Kevin E. Hughes, Assistant
To verify the authenticity of this Power of Attorney, calt l-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details ofthe bond to which the power is attached.
THI
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1951
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16.A.42.b
Packet Pg. 1101 Attachment: Bond Basis (16317 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 5A)