Agenda 01/25/2022 Item #16A11 (Release Performance Bond for Whitaker Woods)01/25/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$29,660 which was posted as a guaranty for Excavation Permit Number PL20190002216 for work
associated with Whitaker Woods.
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 Whitaker Woods. The As-Built lake cross sections have been received
and the lake has been inspected on December 14, 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 $29,660. 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.11
Packet Pg. 877
01/25/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 20863
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $29,660 which was posted as a guaranty for Excavation Permit Number PL20190002216
for work associated with Whitaker Woods.
Meeting Date: 01/25/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/16/2021 10:22 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
12/16/2021 10:22 AM
Approved By:
Review:
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 12/16/2021 10:28 AM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/16/2021 12:08 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/17/2021 8:21 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/22/2021 8:50 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 12/30/2021 8:40 AM
Growth Management Department Trinity Scott Transportation Skipped 12/18/2021 11:17 AM
Growth Management Department James C French Growth Management Completed 12/31/2021 11:18 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/10/2022 2:59 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/10/2022 4:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2022 9:18 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/13/2022 2:39 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/16/2022 3:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/25/2022 9:00 AM
16.A.11
Packet Pg. 878
WHITAKER WOODS
LOCATION MAP
16.A.11.a
Packet Pg. 879 Attachment: Location Map (20863 : Excavation Bond Release - Whitaker Woods)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 17 day of June
2020 between HABITAT FOR HUMANITY OF COLLIER COUNTY, lNC., a Florida Not For Profit
Corporation, 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, el al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (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. PL20190002216 (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:
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 $29.660.00.
3. 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.
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. 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
eicavation 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 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.
@
16.A.11.b
Packet Pg. 880 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
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 17 day June 2020.
SIGNED IN THE PRESENCE OF:
Sign:Habitat for Humanity of Collier County,
lnc., a Florida Not For Profit Corporation
Printed Name:I LLt*rr| S
By:
Sign:Nicholas J. Kouloheras
Its President
Pri me:c
Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS
oF co ER COUNTY, FLORIDA
By:
Deputy Clerk
App dastofo d legality
By
Pri ame:
Assistant County Attorney
lu/f -rr^t *vll'o.t Zatf-lD
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Pri
As
nted Name
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16.A.11.b
Packet Pg. 881 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
ExhJ,1 'A"
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond #787758
KNOW ALL PERSONS BY THESE PRESENTS: that
Habitat for Humanity of Collier County, lnc.
1 1 145 Tamiami Trail East
Naples, FL 341 13
(hereinafter referred to as "Ownef') and
Harco National lnsurance Company
702 Oberlin Road
Raleigh, NC 27605-0800
(hereinafter refened to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Twenty-Nine Thousand Six Hundred Sixty Dollars
($29.660.00) in lawful money of the United States, for the payment of r /hich 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. PL20190002216 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 Ownefs failure to do
so, and shall reimburse and repay the County alt outlay and expense which the County may incur in making
good any default, then this obligation shall be void, otheMise 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this _17th_ day of _June 2020_.
WITNESSES: Habitat for Humanity of Collier County, lnc.
P Name llul*\ g ffine Nicholas Kouloheras, President
Printed Name Df*l Kncol
B
[1s-rDs{1664/11s3@o/1]
(Provide Proper Evidence of Authority)
16.A.11.b
Packet Pg. 882 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
STATE OF FL
COUNTY OF tol/,?r
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
K PHYSICAL PRESENCE oR DNLINE NoTARIZATIoN THIS /, DAY oFllgl 20 p,o , BY
NICHOLAS KOULOHERASAS PRESIDENT OF HABITAT FOR HUMANITY OF COLLIER COUNTY. INC
WHO IS PER NALLY TOM OR HAS PRODUCED
Notary Public - State of
Lisa B Le[t<m (SEAL)
Printed Name
WITNESSES:
P
\.r..lo*SE
Lin llarokckPrinted
Harco Natio urance m
By
Huntley A. Hornbeck ll, Attorney in Fact
e
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
M pHvsrcnl eRESENCE oR QgiNE NorARtzATtoN THrs 17th_ DAY oF _June-,2020-, BY HUNTLEY A. HORNBECK ll AS ATTORNEY lN FACT OF Harco National lnsurance
Company O IS PERSONALLY KN , OR HAS PRODUCED AS
IDENTIFICA
Notary Public - State of _Florida
I
Printed Name Kristin M. Neiert
..+,'{hi
t+,#ss
USA & T.EFKOIY
ItY Col fiSSIOt{ I GG tr3l3t
EXPIRES: Irdr 2a, :O2a
B.rd.d,hft ilou, hrtlc t tdrlii.n
ri'ifr*'..KRISTIN M. NEIEM
MY COttMtSStON t Gc 07975a
EXPIRES May 5,202t
8ord.d Ihr ilotx, Prnac Urda,rfilr! t
l4-EIS-02650/7
[1s-rDs-o1664/1153500/1]
EAL)
ACKNOWLEDGEMENT
STATE OF_Florida
COUNTY OF _Collier_
AS IDENTIFICATION.
(Provide Proper Evidence of Authority)
@
16.A.11.b
Packet Pg. 883 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
POWER OF ATTORNEY
HARCO NATTONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY ]NSURANCE COTPANY
ember companies of IAT lmurance Group, Headquarter€d; 702 Oborlin Road, Raleigh, North Carollna 27605
KNOW ALL Eta BY THESE PRESE TS: That HARCO ATIOI{AL INSURAICE CO PA|Y, a corporation organized and exislirE under lhe lar{s of
lhe State of lllinois, and IITERiIATIO]IAL FIDEUTY INSURANCE COUPANY, a coDoration organized 8nd existirE urder the laws of the State of tl€ry
Jersey. and havi.g their principal offces localed respedivev in the citbs o, Rolling Meadoti,s. lllinois and Newa*, New Jersey, do hereby coostitute and
aPPoint
JEFFREY T. STORRAR, KRISTIN M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, DAWN COLECCHIO,
HUNTLEY A. HORNBECK II, MARC EVAN WLLIAMS, ZEBEDIAH K. HOLT, NICOLE PANEQUE
Naples, FL
their true and lawfri attorney(s)-irF act to execrrte, seal and deliver for ard on its behatf as surety, arry and all bonds ard urdertakirEs, contrads of
indemnity and olher writings obligatory in lhe nature thereot, which are or may be allor.lred, required or permitted by law, statute, rule, regulation, contrad
or otheMise, and the exeqrlion o, such instrument(s) in puEuance of these presents, shall be as binding upon the said HARCO IATIONAL
ll{SURANcE COiTPAIY and I TERNAnOIAL FIDEUTY INSURANCE CO PANY, as tully and amply, lo all intents and purposes, as if the sarne had
been duly executed and acknowledged by their rcgularly elected offcers al trEir principal ofrces.
This Power of Attorney is execded, and may be revoked, pursuanl to and by authonty of the By-Lau/s ot IIARCO NATIONAL INSURAIICE COiIPANY
and INTERNATIOI{AL FIOELITY lilSURA}lCE COITPA Y and is glanted under and by authority of lhe following resolution adopted by lhe Board ol
Direc{ors of INTER ATIOI{AL FloELlw INSURAI{CE cOilPAtlY at a meeting duly held on lhe 13th day of Oecember, 2018 and by the Board of
Dreclors of HARCO iaATlOl{AL IIISURANCE COUPANY at a nEeting held on the 13th day of December, 2018.
'RESOLVED, that (1) the Chief E)(eq.rtive Offcer, President, Exeqrive Mce President, Senior Vice Presidenl, Vice Presk ent, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in+ad or agenls with polver and authority as defined or limited
in thek respeclive po\ /eci of attomey, and lo execute on behalf of the Corporation and affx the Corporation's seal thereto, bonds, undertakings,
recognLances, conhacts of indemnity and other Mitten obligations in the naturc tlEreof or related thereto; and (2) any sudt Officers of the Corporation
may appoinl and revoke the appointments of joint-conlrol custodians, agents lor acceptance of process, and Anomeys-in-hd with authority to execute
waivers and consents on behalf ofthe Corporation; and (3) the signature ofany such Offcer ofthe Co.poration and the Corporation's seal may be affixed
by facsimile to any power of attomey or cenification given forthe execution of any bond, undertaking, recognizance, contract of indemnity or other witten
obligatjon in the nature thereof or related thereto, such signaiure and seals when so used wtEther he.etorore or hereaf,er, being hereby adopled by the
Corporation as the o.iginal signature of sudr offcer and the original seal of the Corporation, to be valk and binding upon the Corporation with the same
force and effecl as though manually aftxed."
lN WTNESS WHEREOF, HARCO NATIOiIAL INSURANCE CO PAT{Y and I TERNATIOi{AL
FIDEUTY INSURAi{CE COIPANY have each exeqlted and attested ihese presents
on this 31st day of December,2018
Bofld, 787758
STATE OF NEW JERSEY
County of Essex
STATE OF ILLINOIS
County ol Cook
Kenneth
Execrnive Vice President, Harco National lnsurance Company
and lntemational Fidelity lnsurance Company
On this 31st day of December, 2018 , before me came the individualwho executed the preceding instrument, to me personally known, and,
being by me duly swom, said he is the therein desqibed and authorized officer oI HARCO NATIONAL INSURANCE COIIIPANY and
INTERNATIONAL FIDEUW INSURAICE COIIPANY; that the seals affixed to said instrument are the Corporate Seals ot said Companies; that the
said Corporate Seals and his signature ,r'lere duly aftxed by order oI the Boards of Directors ot said Companies.
:iilil&ti*,
iIi serL is!: Oi rr.. ii -:
i%:'.a!.,"cnt rrDj
",--&" " }!.j
ilt:trj&
l*fffi;i,rs
lN TESTIMONY WHEREOF, I have hereunto set my hand affxed my Official Seal, at the City ot Newark,
New Jersey the day and year frst above w'itten.
JtuiluA
Shirelle A. outley a Notary Public of New Jersey
My Commission Expires Apdl 4, 2023
CERTIFICATION
i, the undersigned officer of HARCO NATIONAL INSURANCE COITPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
thal I have compared the foregoihg copy ofthe Power of Attomey and affdavil, and the copy ofthe Seclions ofthe By-Laws of said Companies as set
lorth in said Power ofAttomey, with the originals on file in the home offce oI said companies, and that the same are conecl transctipts thereof, and oI the
whole o, the said originals, and that the said Por.{er of Attorney has not been revoked and is now in full force and effed.
lN TESTIMONY WHEREOF, I have hereunto set my hand on this day, June 17, 2020
lut
lgx
IT
A02269
lrene Martins, Assistant Secrelary
(/-afu
16.A.11.b
Packet Pg. 884 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
Detail by Entity Name
Florida Deoartrnent ol Stale
Page I of3
DrvrsroN oF CoRPoRATroNs
uglilU lku lrJ-Fltrl&t ,ttalu
Deoarlment of Slate / Division of Comorations / Search Records / Search bv Enlitv Name /
Detail by Entity Name
Florida Not For Profit Corporation
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Filinq lnformation
Document Number 742136
FEI/EIN Number 59-1834379
Date Filed 0312011978
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 11/05/1999
Event Effective Date NONE
Principal Address
11145 TAMIAMI TRAL EAST
NAPLES, FL 34113
Changed: 03i09/2005
Mailinq Address
11145 TAMIAMI TRAL EAST
NAPLES, FL 34113
Changed: 03/09/2005
Reoistered Aoent Name & Address
Cunningham, John
841 Partridge Ct
MARCO ISLAND, FL34145
Name Changed. 0210312017
Address Changed: 0210312017
Officer/Director Detail
Name & Address
Title Treasurer
MUELLER, MICHAEL
1,I09 STRAWBERRY COURT
IVIARCO ISLAND, FL 34145
http://search.sunbiz.org/Inquiry/Corporationsearch/SearchResultDetail?inquirytype:Entity' '612412020
.Drvursma/
CloiI-?t)rrl'J'Jc)rv$
16.A.11.b
Packet Pg. 885 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)
Detail by Entity Name
Title VC
SWIHART, STANARD MD
789 REGENCY RESERVE CIR APT 4603
NAPLES, FL 34119
Title Chairman of the Board
CUNNINGHAM, JOHN W
841 PARTRIDGE CT
MARCO ISLAND, FL34145
Title CEO
LEFKOW, LISA REV.
1490 NOTTINGHAM DR
i'IAPLES, FL 34109
Title President
KOULOHERAS, NICK
6130 CYPRESS HOLLOWWAY
NAPLES, FL 34109
Title VC
Hubbard, Edward
785 Cocobay Drive
Naples, FL 34108
Title VC
Peterson, Dclug
849 Swan Dr.
Marco lslanC, FL 34145
TitIC VC
Rice, Bob
PO Box 10370
Naples, FL. 34101
Title Secretary
Pash, David
3776 Baldwin Ln
Naples, FL 34116
Title CFO
Kacos, Dean
Page2 of3
http://search.sunbiz.org/Inquiry/Corporationsearct/searchResultDetail?inquirytype:Entity" '6t2412020
16.A.11.b
Packet Pg. 886 Attachment: Bond Basis (20863 : Excavation Bond Release - Whitaker Woods)