Agenda 04/12/2022 Item #16A11 (Release Performance Bond - Naples Classical Academy)04/12/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$158,000 which was posted as a guaranty for Excavation Permit Number PL20200002264 for work
associated with Naples Classical Academy.
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 Naples Classical Academy. The As-Built lake cross sections have been
received and the lake has been inspected on February 15, 2022 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 $158,000. 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.11
Packet Pg. 752
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 21456
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $158,000 which was posted as a guaranty for Excavation Permit Number
PL20200002264 for work associated with Naples Classical Academy.
Meeting Date: 04/12/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/22/2022 2:19 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
02/22/2022 2:19 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/22/2022 3:41 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/23/2022 1:59 PM
Growth Management Department Diane Lynch Growth Management Department Completed 02/28/2022 4:24 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/04/2022 1:37 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:20 PM
Growth Management Department Trinity Scott Transportation Skipped 02/24/2022 1:48 PM
Growth Management Department James C French Growth Management Completed 03/18/2022 1:55 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/22/2022 1:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/22/2022 2:42 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/22/2022 3:10 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 1:37 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/31/2022 10:33 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.A.11
Packet Pg. 753
NAPLES CLASSICAL ACADEMY
LOCATION MAP
16.A.11.a
Packet Pg. 754 Attachment: Location Map (21456 : Excavation Bond Release - Naples Classical Academy)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day ofD.c2-v\bL{20Zo beh#een Summit Construction Manaoement Group. 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 3.05.1 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavalion Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL 20200002264 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $158.000.00.
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 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
b
1
2
3
4
b
16.A.11.b
Packet Pg. 755 Attachment: Bond Basis (21456 : Excavation Bond Release - Naples Classical Academy)
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 cqused this Agreement to be
executed by their duly authorized representatives this J day of Dectm Le r ,2OZo .
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.
INT PRESENCE OF
sisn:fuzl,n ry / a/4f4"7f
3lunnoyl C Evcreft
SIGNED
Sign
rinted Name
l'^to+j
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
roved a to orm a gality:
Su
LL
By
Charles H. Cordes
riue /llsn .
1erouiEffi"r. euiO""" of Authority)
m
c
ton age Group,m
BO
OF
By:
ARD OF COUNTY COMMISSIONERS
COLLIER COLNTY. FLORIDA%d^7h'Z-
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
Drrck D. Porrf
Assistant County Attorney
16.A.11.b
Packet Pg. 756 Attachment: Bond Basis (21456 : Excavation Bond Release - Naples Classical Academy)
PERFORMANCE BOND
FOR EXCAVATION WORK
Fond No. j2|2+e
A^I'r'.
Exhibit "A
KNOW ALL PERSONS BY THESE PRESENTS: that
Summit Construction Management Group, LLC
421 South Summerlin Avenue, Orlando, FL 32801
(hereinafter referred to as "Owne/') and
NGM lnsurance Company
55 West Street Keene, NH 03431
(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 One Hundred Fiftv-Eiqht Thousand 00/100 Dollars
(9158,000.00) in laMul money of the United States, forthe payment of which sum welland lruly 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. PL20200002264 and that certain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation ofthe 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 lhe 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, otheMise to remain in full force and effect.
PROVIDEO, 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, additaon 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 WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executedthis 24th_ day of_November, 2020
Summit nstruction Man nt Grou p, LLC
By
\-
Printed Name )ou- flq,rtca--c*A&\tr, *. L"ea r:I
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name *ya61 6,1'XUO
[1s LDS 01664/11s3600/1]
WITNESSES:
16.A.11.b
Packet Pg. 757 Attachment: Bond Basis (21456 : Excavation Bond Release - Naples Classical Academy)
THE FOREGOING PERFORMANCE BOND WAS ACKNO\A/LEDGED BEFORE ME BY. MEANS OF
-EfpHysrcAL PRESENCE oR E oNLTNE NorARrzATroN rHrs ZtL DAy or Nores,l*a_
STATE OF Fuo erp,A
COUNW OF o EA|... (-
20Qp_, BY ME OF ACKNOWLEDGER)
PERSONALL NOWN TO ME , OR HAS PRODU
Notary Public - State of
Printed N ame--D._,(rc;trt<--
Printed Name, Christine Morton
d Name, lacki Ma inous
STATE OF Flori
COUNTY OF Seminole
THE FOREGOING PERF
E PHYSICAL PRESEN
Agent OF NGM lnsurance Company
AS IDENTIFICATION,
Notary Public - State of _Florida
Printed N , Jennifer L. Hindley
l,l-EIs-02650/7
AS (JrrLE) oF (NAM
CED/ AS I6"^-
CoMPANY). WHa_lS_
FrcATroNr"l
6qatF b$granunb.l.$6&o*w-
Exhibit "A
ACKNOWLEDGEMENT
NGM ln
I
EOF
DENTI
a
gr
Ea
By
April L. Lively, Attorney- in- Fa ct & FL
Resident Agent,
lnq uiries: (407l. 834-0022
Printed Na me/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
ORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
CE OR E ONLINE NOTARIZATION THIS 24th_ DAY OF
& FL Licensed Resident20 20 ,B
R HAS PRODUCED
(SEAL)
rance Com
Norary Publrc Slete ot Flonda
Deborah Ann Frye
My CommEsron GG 170474
Exorres 01/16/2022
P rin
O IS PERSONALLY KNOWN TO
-or'lL Nolarv Publr SElr' .'' Fto.l(h
isi fiHto?HF',-.'
[1s-LDS,01664/11s3600/1]
WITNESSES:
_November_,
16.A.11.b
Packet Pg. 758 Attachment: Bond Basis (21456 : Excavation Bond Release - Naples Classical Academy)
06-03060686
NGM INSURANCE COMPAI.{Y
an-nr-dlt M*r s!..(,rrrc. Bs+POWEROF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal
office in the City ofJacksonville, State of Florid4 pursuant to Article IV, Section 2 ofthe By-Laws ofsaid Company, to wit:
'Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer
shall have the power and authority to appoint attomeys-in-fact and to authorize them to execute on behalf
of the compary and affix the seal of the company thereto, bonds, recognizances, conffacts of indemrity or
writings obligatory in the nature of a bond, recognizance or conditional undertaking aad to remove any
such attomeys-in-fact at any time and revoke the power and a[thority given to them. "
does hereby make, constitute and appoint Paul J Ciambriello, Bryce R Guignard, Jack W Guignard, Eileen C Heard, -
Jennifer L Hindley, April L Lively, Margie L Morris, Christine Morton, Kelly Phelan, Allyson Foss Wing ---
is true and lawful Attomeys-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds,
mdertakings, recognizances, contracts of indemnity, or other witings obligatory in nature of a bond subject to the following
limitation:
l. No one bond to exceed Five Million Dollan ($5,000,000.00)
and to bind NGM Inswance Company thereby as fully and to the same extent as ifsuch instruments were signed by the duly
authorized officers ofNGM Insurance Company; the acts ofsaid Attomey are hereby ratified and confirmed.
This power of attomey is signed and sealed by facsimile under ard by the authority ofthe following resolution adopted by
the Directors of NGM Insurance Company at a meeting duly called and.held on the 2nd day ofDecember 1977.
Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by facsimile
to any power of attomey or special power of attomey or cedification of either given for the execution of any bond,
undenaking, recoglizance or other writter obligation in the nature thereof; such signature and seal, when so used
being hereby adopted by the company as the original signature of such office and the original seal ofthe company, to
be valid and binding upon the company with tbe same force and effect as though manually affixed.
//V tVlI /ESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Senior Vice President.
General Counsel and Secretary and its corporate seal to be hereto affixed this 26th day of September,.2O
&i
lN W-IJNESS WHEREOF, I have hereunto set my hand and afixed the seal of said Company3/#a^y ot tlorrembar a.ota.
NGM INSURANCE COMPANY By: f2
Bruce R Fox
Senior Vice President, G
Counsel ard Secretary
State ofFlorida,
County ofDuval
On this September 26, 2019, beforc the subsc ber a Notary Public of State ofFlorida in and for the County
and qualified, carne Bruce R Fox of NGM Insurance Compary, to me personally known to be the officer de
executed the preceding instrument, and he acknowledged the execution ofsame, and beiag by me fully sworn,
is an officer of said Company, aforesaid; that the seal affixed to the preceding instmment is the corporate seal ofsaid Company,
said corporate seal and her signature as officer were duly afiixed and subscribed to the said instrument by dle authority and direction of
the said Company; that Article IV, Section 2 ofthe By-La$s ofsaid Company is now in force.
lN WTNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, Florida this 26th day of
September,
2019.
l, Nancy Giordano-Ramos, Vice President ofNGM Insurance Company, do hereby certiry that the above and foregoing is a true and
correct copy of a Power of Attomey executed by said Company which is still in full force and effect.
at Jacksonville , Florida this
WARNTNG: Any unauthorized reproduction or alt€ration ofthis document Is prohibited
TO CONfIRM VALIDITY ofthe aJtached bond please call l-800-225-5646
IO SUBMrT A CLAIM Send all correspondeoce to 55 West Stre€l, K€ene, NH 03431 Attsl: Bond Claims
\
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16.A.11.b
Packet Pg. 759 Attachment: Bond Basis (21456 : Excavation Bond Release - Naples Classical Academy)