Agenda 04/26/2022 Item #16A10 (Release of Performance Bond for EWA w/Kaicasa)04/26/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$126,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20200000828) for work associated with Kaicasa.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively
as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work
associated with this security has been inspected and the developer has fulfilled his commitments with
respect to this security. The performance security was posted as security for clearing and site filling
associated with an Early Work Authorization (EWA) (PL20200000828) for Kaicasa PPL (AR-12767). On
February 22, 2022, the PPL was approved by the Board of County Commissioners and the EWA bond is
no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the
EWA.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
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 $126,000. Development Review 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.10
Packet Pg. 580
04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 21729
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $126,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20200000828) for work associated with Kaicasa.
Meeting Date: 04/26/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/17/2022 3:07 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
03/17/2022 3:07 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/17/2022 5:23 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:19 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/21/2022 4:18 PM
Growth Management Department Diane Lynch Growth Management Department Completed 03/22/2022 1:28 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/01/2022 9:20 AM
Growth Management Department Trinity Scott Transportation Skipped 03/22/2022 11:43 AM
Growth Management Department James C French Growth Management Completed 04/02/2022 4:22 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/11/2022 1:13 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/11/2022 1:31 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/12/2022 9:37 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/13/2022 11:57 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/13/2022 3:33 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
16.A.10
Packet Pg. 581
KAICASA
LOCATION MAP
16.A.10.a
Packet Pg. 582 Attachment: Location Map (21729 : EWA Bond Release - Kaicasa)
EARLY WORK PERFORMANCE AGREEMENT
EARLY WORK PERFORMANCE AGREEMENT entered into this 7 ft\
day of, THIS-Jtt I't , 2020,bet\iveen Habitat for Humanitv of Collier Coun ty, lnc. hereinafter
referred tolas "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
WHEREAS, Developer has applied for an early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20200000828 (the "Early Work 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 Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$126,000.00.
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work_ The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
1
2
3
4
6
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
16.A.10.b
Packet Pg. 583 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
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.
ITNESS WHEREOF, the Board and Deve lo er have caused th Agreement to be
their duly authorized representatives this day of
N THE PRESENCE OF Habitat for Human ity of Collier County
Printed Name DSna, Xdtc5
S
Printed Name/Title: Lisa B , CEO
Provide Proper Evidence of Authority
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executed by
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Pri edN e
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
pro das and legality
Derek Perry
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Ae
as designee of the County Manager
pursuant to Resolution No. 2015-162
Assistant County Attorney
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16.A.10.b
Packet Pg. 584 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
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EYht b,T
DUPtICATE Bond #683887
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
Habitat for Humanity of Collier County, lnc.
1 1 145 Tamiami Trail East, Naples, FL 341 13
(hereinaffer refened to as "Owne/') and
lnlernational Fidelity lnsurance Company
One Newark Center, 20u Floor, Newark, NJ 07102
(hereinafler refened to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referredtoas''County.')inthetotialaggregatesumof@Dollars
($126.000.00) 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 severalty, 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 Early Work Authorization Permit No. PL20200000828 _and that certain Earty Work
Authorzation 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 completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change
in Ownership.
NOW THEREFORE, if the O\,vner shall well, truly and faithtully 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 incuned 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 all outlay and expense which the County may incur in making
good any default, then this obligation shall be void, otheMise to remain in fullforce and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, aheration, addition or deletion to the proposed specmc 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 imptovements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, wathout 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, orother documents
shall include any alteration, addition or modfication of any charac{er whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this
-id-
day of -J une 2O2O
16.A.10.b
Packet Pg. 585 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
WITNESSES:
Bond #683887
Hatlitat for Humanity of Collier County, hc
Printed 6
Printed Name 0{rvrtt
Pri Name
\,wrL A"..-b'
l,L,,L
Nicholas Kouloheras, President
(Provide Proper Evidence of Authority)
//,b"/o"l//.
By
ACKNOWLEDGEMENT
STATE OF Florida
COUNry OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS lst- DAY OF
-JUNE
20_20-, BY NICHOLAS KOULOHERAS, AS PRESIDENT OF HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC., WHO IS PE LY KNOWN TO , OR HAS
PRODUCED AS IDENTIFICATION.lce-tr-\ce-L"{.c)
Notary Public - State of _Florid^
-..p:.i'*1
'a#ls
MISHAEL GOIIZALEZ
MY COMMTSSION # GG001647
EXPIRES Junc 13,2020
(407) 398{1s3
WITNESSES:lnternational Fidelity lnsurance Company
r
tlb U fPNa
(SEAL)
t9\
B-U- ha.'\o( rd
Printed Name
Nicole M. Paneque, Attorney in Fact
(Provide Proper Evidence of Authority)
4t
16.A.10.b
Packet Pg. 586 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
Bond f683887
ACKI{OVVLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEOGED BEFORE ME THIS 1ST- DAY
OF -JUNE , 20-20-, BY NICOLE M. PANEOUE AS ATTORNEY IN FACT OF
INTERNATIONAL FIDELITY INSURANCE COMPANY VVFIO IS PERSONALLY KNOVVN TO ME, OR HAS
PRODUCED AS IDENTIFICATION.
Notary Public - State of _Florida
(SEAL)
Kristin Neiert
I +EIS-02650/6
IG]STII{ M. iIEIERT
MY Co|TMISSION I C'G 07376'
EXPIRES: MaY 5, 2021
Bdr.d tkv lbtJ, hn& Und..t'rtt!
16.A.10.b
Packet Pg. 587 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
POWER OF ATTORNEY
HARCO NATIONAL ]NSURANCE COIUPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Irember companiB of IAT lBurance Group, lleadquartered: 702 Oberlln Road, Raleigh, orth Carolina 27605
KI{OW ALL IE BY Y}ESE PRE3EiTS: That ttARCO ArlOflAL lta3URAtaCE COXPAT{Y, a corporation organized ard existitE utder the laws of
the State of lllinois, and NTER AnONAL FIDEUTY INSURA CE CO PAiIY, a corporation organized and existing under the laws ot the Stale of New
Je.s€y, and havi.E thoir prkrcipal oficas iocated rospedi\rory h E e cjtios of Rouiog M€ador6, liiois atd tleurark, tl€|, J6rsey, do hgreby conslilutc ard
aPpoint
JEFFREY T. STORRAR, KRISTIN M. NEIERT, STEPHEN J. AENZA, ROBERT E. RYAN, DAWN COLECCHIO,
HUNTLEY A. HORNBECK II, MARC EVAN WLLIAMS, ZEBEDIAH K. HOLT, NICOLE PANEQUE
Naples, FL
their true and lawfrJt aftorney(slin-fad to execXe, seal aod deliwr tor and on its behatf as s!.ety, any artd afl botds atd urdertakings, coriracts ol
indemnity aM other writings obligatory in the nature thereol, whicfi are or may be allowed, required or permitted by law, statute, rule, regulation, contrad
or olherwise, and lhe execrrtion o, sudr instMnenf(s) in pursuance of tfEse preseflts, sha[ be as titxriig upoo ttE said HARCO l{ATlOt{AL
INSURA CE COMPAIY and IiITERIIATIONAL FIOELITY INSURANCE CO PA Y, as tully and amply, to all intents and purposes, as if the same had
b€en diy erecrded and acknotrr€dg€d by tfteir r€gula.ly el€ded orficerS at tll€ir p,im4ral offceE.
This Power of A(omey is executed, ard may be revoked, pursuant to and by authority oI the By-La'/'/s of HARCO AnONAL INSURAIICE CO PANY
ard I'{TERNATIOI{AL FIOELITY lilSURAl{CE CO PA Y and is granted under and by authodty of th€ idlowirE resoknion adopted by ttte Board of
Direclors ol INTERIIATIONAL FIOEUTY INSURA CE COIPANY at a meetng duly held on the 'l3lh day of Dec€mber, 2018 and by the Board of
D,edors o, tlARcO |AIIONAI- liaSURAxcE COIPATIY at a rEeting held on the 1 3th day of December, 20, 8.
"RESOLVED, that (1) tlte Chief Exeorive Offcer, Presidenl. Executi\re Mce President, Senior Vice President, Mce Preskler , or Seoetary of the
Coporation shall have lhe porer to appoint, aIld to revoke the appoinknents of, AttorneysirFFad or agents wilh po.rer and authority as deflrled or limited
in their respecrive powers of attomey, and to execute on behaf of the Corporation and affx the Corporation's seal thereto, bonds, undertakings,
Iecognzances, contrads of indefimity and ottEr wrinen obligations in ttrc nature thereol or rElaled thereto; ard (2) any sudl Oficers of the Corporation
may appoint and revoke lhe appointments of jointrontrol cuslodians, agents for acceplance ot process. and Altorneys-irFfud with aulhority to execute
wai\rers and corB€nts on behatf of the Corporation; ard (3) the signature of afl, 3udl O{ficer of lhe Corporatioo and tf|e Corporatbn's seal may be afrxed
by facsimile to any power of attomey or certification given for the exeortion ofany bond, undertaking, recognizance, contrad of indemnity or other writlen
obligation in the hature thereof or related lhereto, sucrt signat e and seals wtEn so used \f,tEther heretofore or hereafler, being lrereby adopled by the
Coporation as the original gignature ot guch ofrcer and lfle original seal of Sle Corporation, to be valid and binding upon the Corporaton with the same
force and effecl as though manually afrled."
lN WIINESS u/HEREOF, HARCO NAnO AL |ISURANCE CO PAIY and INTERNATIOiIAL
FIDEUTY II{SURANCE COt PAi{Y have each executed and attested lhese presents
on this 3'1st day of December,2018
Bord* *683887
STATE OF NEW JERSEY
County of Essex
STATE OF ILLINOIS
County of Cook
.i.$rdii*
iIi sell is!
i,oo;1aii$_1u5.i
i_?'-.-.'s.jKenneth Chapman
Executive Vice P.esident, Harco Nalional Insurance Company
and lniemalional Fidelity lnsurance Company
On this 31st day of December,2018 . before me came the individualwfio exeqjted the preceding instrument,lo me personally knowil, and,
being by me duly swom, said he is the therein described and authorized offcer ol HARCO ATIONAL INSURANCE CO*|PA[Y and
INTERiIATIONAL FIOEUTY lllSURAilCE COllPAlfY; that the seals affxed to sa J instrumefit are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature tvere duly affixed by order of the Boards of Diredors ol said Companies.
i!::tirtra
t'#i'#il.s
lN TESTIMONY VGIEREOF. I have hereur{o sel my hand affxed my Ofrcial S€al, at the City of Newark,
tlew Jersey lhe day and year first abolre written.
Shirelle A. Oritley a Notary c of New Jersey
CERTIFICATIoN
My Commission beires April4, 2023
l, the urdersigned offcer of IiARCO tlATlOtlAL TNSURANCE COITIPA Y and I TERIATTO AL F|OEL|TY TNSURANCE COt pAtity do hereby certify
that lhave compared the foregoing copy ofthe Po\,rer oI Atlomey ahd afrdavit, and the copy of the Seclions oI lhe By-Laws of said Companies ajset -
forth in sail Polr/er of Attomey, with the orbinals on fle in the home office of said @mpanies. and that the same are cone.t transcripts thereoi and of lhe
wtrole of the said originals, and thal the said Po\der of Atlorney has not been revoked and is no\,v in full force aM effed.
lN TESTIMONY WHEREOF, I have hereunlo set nry hand on this day, JurE O.l, 2O2O
&tfu
srll
lqx
402269
lrene Manins, Assistanl Secretary
Jt,,ilrA
16.A.10.b
Packet Pg. 588 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
Detail by Entity Name
Florida Deoanmeni of Staie
Page I of3
OvrsroN oF CoRPoRAloNs
J3 L.trtt;t,t:r,i
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Deoadmenl of Siate / Oivision of Comorarions / Search Recods / Soarch bv Entity Name /
Detail by Entity Name
Florida Not For Profit Corporatron
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC
Filino lnformation
Document Number 742136
FEUEIN Number 59-1834379
Oate Filed O3l2Ol197A
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 11/05/1999
Evenl Effective Date NONE
Princioal Address
11145 TAMIAMI TRAL EAST
NAPLES, FL 34113
Changed: 03/09/2005
Mailino Address
11145 TAMIAMI TRAL EAST
NAPLES, FL 34113
Changed: 03/09/2005
Reoistered Aoent Name & Address
Cunningham, John
841 Partridge Ct
MARCO ISTAND, FL 34145
Name Changedr 02103/2017
Address Changed: 0210312017
Offi cer/Dir6ctor Detail
Name & Address
Title Treasurer
MUELLER. MICHAEL
1109 STRAWBERRY COURT
MARCO ISLAND, FL 34145
http://search.sunbiz.org/lnquirylcorporationSearch/SearchResultDetail?inquirytype=Entity...71712020
16.A.10.b
Packet Pg. 589 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)
Detail by Entity Name
Tit e VC
Title Chairman of the Board
Page 2 of 3
SWHART. STANARD MD
789 REGENCY RESERVE CIR APT 4603
NAPLES, FL 34119
CUNNINGHAM, JOHN W
841 PARTRIDGE CT
MARCO ISLAND, FL 34,145
Title CEO
LEFKOW. LISA REV,
1490 NOTTINGHAM DR
NAPLES, FL 34109
Title President
KOULOHERAS. NICK
6130 CYPRESS HOLLOW WAY
NAPLES. FL 34,109
Tit e VC
Hubbard. Edward
785 Cocobay Drive
Naples, FL 34108
Title VC
Peterson, Doug
849 Swan Dr.
Marco lsland, FL 34145
Title VC
Rice, Bob
PO Box 10370
Naples, FL 34101
Title Secretary
Pash, David
3776 Baldwin Ln
Naples, FL 34116
Title CFO
Kacos. Dean
http://search.sunbiz.orgAnquiry/CorporationSearch/SearchResultDetail?inquirytype:Entity... 717 12020
16.A.10.b
Packet Pg. 590 Attachment: Bond Basis (21729 : EWA Bond Release - Kaicasa)