Agenda 12/14/2021 Item #16A13 (Release of Performance Bond for Brentwood Lakes PL20180002419)12/14/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$522,700 which was posted as a guaranty for Excavation Permit Number PL20180002419 for work
associated with Brentwood Lakes (f/k/a TwinEagles South - Phase 1).
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 Brentwood Lakes (f/k/a TwinEagles South - Phase 1). The As -Built
lake cross sections have been received and the lakes has been inspected on October 19, 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 $522,700. 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)
Packet Pg. 869
16.A.13
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doe ID: 20456
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $522,700 which was posted as a guaranty for Excavation Permit Number
PL20180002419 for work associated with Brentwood Lakes (f/k/a TwinEagles South — Phase 1).
Meeting Date: 12/14/2021
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
10/22/2021 2:03 PM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
10/22/2021 2:03 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Department Lissett DeLaRosa Growth Management Department
Growth Management Development Review
Brett Rosenblum
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Jaime Cook
Additional Reviewer
Growth Management Department
Trinity Scott
Transportation
Growth Management Department
James C French
Growth Management
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Laura Zautcke
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Completed
10/22/2021 2:52 PM
Additional Reviewer Completed
Completed
11/04/2021 9:00 AM
Completed
11/09/2021 2:15 PM
Skipped
10/25/2021 12:30 PM
Completed
11/10/2021 12:46 AM
Completed
11/29/2021 10:25 AM
Completed
11/29/2021 10:59 AM
Completed
11/29/2021 2:13 PM
Completed
11/29/2021 3:31 PM
Completed
11/29/2021 5:01 PM
12/14/2021 9:00 AM
Packet Pg. 870
16.A.13.a
BRENTWOOD LAKES
(F/K/A TWIN EAGLES SOUTH - PHASE 1)
LOCATION MAP
a
Packet Pg. 871
16.A.13. b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION. PERFORMANCE AGREEMENT entered into this 1 v"day of
, 2019 between Naples Associates IV, LLLP, a Florida limited liability limited
partnership, 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 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. PL20180002419 (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:
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 $522,700.00
3. In 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.
4. 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.
5, 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.
6. In 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 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 performance
Packet Pg. 872
16.A.13. b
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 201day of P br.ew , 2019.
SIGNED IN THE PRESENCE OF:
Sign:
Printed Name:
Sign: _
�f
Printed Name: , I
�C -I 1
ATTEST:
Crystal K. Kinzel, CLERK
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Appt to f rm and legality:
Scott A. Stdne
Assistant County Attorney
Naples Associates IV, LLLP, a Florida limited
liability limited partnership
By! Naples IV Corporation, a Florida
cor its Gener Partner
By:
aria end r ident
Board of County Commissioners of
Collier County, Florid
By:
L
�►
as designee of the County Manager
pursuant to Resolution No. 2015-162
Packet Pg. 873
e xk,614 "A"
16.A.13. b
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. 964219932
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples Associates IV, LLLP
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, FL 33323
(hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
175 Berkley Street
Boston, MA 02116
(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 Five Hundred Twenty Two Thousand Seven Hundred
and no1100 Dollars ($522,700.00) 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,
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. PL20180002419 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 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 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 include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 31st day of January, 2019.
Packet Pg. 874
16.A.13.b
Witnesses:
Printed Name: iTAi'e 7
Printed Name:
Naples Associates IV, LLLP by:
Naples IV Corporation, its General Partner
(Corporate Seal)
By:Vej:;�IWi!r
N. Maria Menendez, Vice President
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
74qrnc,�:o.iYlener►dez
E FORE,QQING PEFVRMANC OND WAS ACKNOWLED THIS DAY OF
, 20 I-1 , BY AS,� OF WHO IS P RSONALLY KNO TO ME, OR HAS
PRODUCED IU AS IDENTIFICATION
t. 1 e Aas IV, t tip �.
Notary Public - State of Florida
Q,y%,�Cef kCk;
Printed Name:
WITNESSES:
STATE OF Florida
COUNTY OF Pinellas
K. RINKER40LLAY
MY COMMISSION t FF 899a
EXPIRES: July 13, 2019
Bonded Thru Notary Public Underwrthn
(SEAL)
( orporate Seal)
By: f
t�rx
Kevn R. Wojtowicz, Attorney -In -Fact and Resident
Agent
Printed name/Title
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31 st DAY OF
January, 2019, BY Kevin R. Woitowicz AS Attorney -in -Fact OF Liberty Mutual Insurance Company WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION.
Notary Public - State of Florida
Printed Mme
MARURET A SCHULZ SEAL)
NOTW G0MM SWN # GG31l151616
Puftc
STATE
IpP111ES Nov.13, 2020
FLORIDA GONM TWIOUGM
MI WAURANCE COM PAW
Packet Pg. 875
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 16.A.13.b
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein state .
Certificate No. 70586DO
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company
is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, Edward M. Clark; Laura D. Mosholder
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all of the city of Sanford state of FL each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge '
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. O
U)
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 16th day of July 2015
N0 CAS �� INS(i �1NSUk h1NSUR American Fire and Casualty Company
,)aI— I - )wo�r Ry2 �JP ``�` Q�P , �r?tip` The Ohio Casualty Insurance Company c_
a 1906 0 0 1919 ^ 1912 3 1991 ° Liberty Mutual Insurance Company 3
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' y West merican Insurance Company ~
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G) * 1 * * * By: /
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STATE OF PENNSYLVANIA ss David M. Care ,Assistant Secretary
COUNTY OF MONTGOMERY Y '
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dpt On this 16th day of July 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and J
v O Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, O
p 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O '
3:
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. C
'+ �p P pqs COMMONWEALTH OF PENNSYLVANIA
NWF(� Notarial Seal m
•y i y Teresa Pastella, Notary Public By: '
C ` of Plymouth Twp., Montgomery County Teresa Pastella, Notary Public N
`P My Commission Expires March 28, 2017
O 2p�)C—�}�' Member, Pennsylvania Association of Notaries :
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C cv This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: _
m L ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject m
cm 4; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, c
O 01
c acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so O t
,p executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted any representative or attorney -in -fact under M d t
,p the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. K j
M C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, W
> i and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, cc
0 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their -
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so N
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
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Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety m
obligations. -O
Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the =O
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with m
the same force and effect as though manually affixed.
C
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and m
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said E
Companies, is in full force and effect and has not been revoked. v
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this -* A( S-7 day of a IN LC4 20' . Q
NO CAS P01?INSbR P��NSUR NtN.SbgA
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y:
a 1906 0 1919 = 1912 ` 1991 B rsti
_ 0 Gregory W. Davenport, Assistant Secretary..
LMS 12873 122013 Packet Pg. 876
21' Detail by Entity Name 116.A.13.b
Department of State ! Division of Corporations 1 Search Records I Detail By Document Number. 1
Detail by Entity Name
Florida Profit Corporation
NAPLES IV CORPORATION
Filing Information
Document Number P13000028204
FEIIEIN Number 46-2483022
Date Filed 03/27/2013
State FL
Status ACTIVE
Principal Address
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Mailing Address
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Registered Agent Name & Address
HELFMAN, STEVEN M, ESQ
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Officer/Director Detail
Name & Address
Title P
T
EZRATTI, MISHA J.
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Title VP, AS
FANT, ALAN J.
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
NORWALK, RICHARD M,
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE. FL 33323
http://search.sunbiz.orgllnquirylCorporationSearchlSearchResuMetail?inquirytype-EntityName&directionType=Initial&searchNameOrde Packet Pg. 877
Detail by Entity Name
Title VP
ARKIN, RICHARD A.
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Title VP, Treasurer
MENENDEZ, N. MARIA
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Title S
HELFMAN, STEVEN M.
1600 SAWGRASS CORPORATE PARKWAY SUITE 400
SUNRISE, FL 33323
Annual Reports
Report Year
Filed Date
2017
04/21 /2017
2018
04/13/2018
2019
02/14/2019
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