Agenda 04/26/2022 Item #16A11 (Release of Performance Bond for work associated w/Oyster Harbor at Fiddler's Creek Phase 2C)04/26/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$40,000, which was posted as a guaranty for Excavation Permit Number PL20200000422, for work
associated with Oyster Harbor at Fiddler’s Creek Phase 2C.
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 Excavation Permit Number PL20200000422 associated with Oyster Harbor at Fiddler’s Creek Phase
2C. The As-Built lake cross sections have been received and the lake has been inspected on February 24,
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 a Performance Bond in the amount
of $40,000. 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. 591
04/26/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 21589
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $40,000, which was posted as a guaranty for Excavation Permit Number
PL20200000422, for work associated with Oyster Harbor at Fiddler’s Creek Phase 2C.
Meeting Date: 04/26/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/09/2022 2:50 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
03/09/2022 2:50 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/09/2022 2:58 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/09/2022 3:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/18/2022 8:51 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:21 PM
Growth Management Department Diane Lynch Growth Management Department Completed 03/22/2022 1:29 PM
Growth Management Department Trinity Scott Transportation Skipped 03/17/2022 11:01 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/22/2022 3:20 PM
Growth Management Department James C French Growth Management Completed 03/26/2022 2:38 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/28/2022 9:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/28/2022 2:47 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/04/2022 8:56 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/13/2022 3:27 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/26/2022 9:00 AM
16.A.11
Packet Pg. 592
OYSTER HARBOR AT FIDDLER’S CREEK
PHASE 2C
LOCATION MAP
16.A.11.a
Packet Pg. 593 Attachment: Location Map (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
EXCAVATION PERFORMANCE AGREEMENT
^ THIS EX
lkr/","L4-
CAVATION PERFORMANCE AGREEMENT entered into nis l4A Oay of
20 7o between FC Ovster Harbor. 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 Seclion 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. PL2O20O000422 (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 $40,000.00
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
noti'ication 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 security, shall be liable to pay and to indemnify the Board, upon
1
4
6
Excavation Performance Agreement
Page 1 of 2
t-
E
16.A.11.b
Packet Pg. 594 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
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 condilions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
SIGNED IN THE PRESENCE OF:FC Oyster Harbor, LLC
Sign:
7
lN WITNESS WHEREOF, the Board and Developer have caqsed this Agreement to be
executed by their duly authorized representatives this IEday o'f lkLt.1,c,, ,20 2c,,.
print"a f.f "."Zf.L t/ tt,
Sign
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Approved as to form and legality:
Derek Perry
Assistant County Attorney
Excavation Performance Agreement
Page 2 ol 2
Aubrey J. F rrao
Presidenl and CEO f FC Oyster Harbor, LLC
and not in his individual capacity
Provide Proper Evidence of Aulhority
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
*t
Q-ar-e/\+
1
By
as designee of the County Manager
pursuanl to Resolution No. 2015-162
J 142 +-
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16.A.11.b
Packet Pg. 595 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
Exhibit A
Bond No. K40239029
KNOW ALL PERSONS BY THESE PRESENTS: that
FC Oyster Harbor, LLC
8156 Fiddleis Creek Parkway, Naples, FL 341 14
(hereinafter referred to as "Owner") and
Westchester Fire I nsurance Company
436 Walnut Street, Philadelphia, PA 19106
215l640-1000
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in thetotal aggregate sum of Forty Thousand Dollars ($40,000.00) 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, 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. PL20200000422 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 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, 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 1Oth day of December, 2020.
WITNESSES: FC Oyster Harbor, LLC
Aubrey J. Ferrao, President and CEO of FC Oyster
Harbor,and not in his in idualcapacity
lilrrdbffij"i/- rfw,i,
PERFORMANCE BOND
FOR EXCAVATION WORK
P ame
(
[1s-LDS-01664/11s3600/1]
By:
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16.A.11.b
Packet Pg. 596 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
tuqLffi{5yg.p cNAtW-t
srATE oF HottoA
COUNryOF iD/-Lt(lL
FOREGOING PERFORMANCE BO
HYSICAL PRESENCE OR E orul
Aubrey J. Ferrao, President and CEO of FC Oyster
Harbor, LLC and not in his individual capacity
(Provide Proper Evidence of Authority)
20 1)kvao
PERSONAL ME, OR
Notary Public - State ot F//,/t t7/+
Pri Name [<
Printed Name
WITNESSES
Ke lv o'y, Witness
Printed
Kristin 5. Bende Witne SS
BY Auh.i.
LY KNOWNTO
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HAS
THE
&P
ND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
rNE NorARrzATroN THrs jL! oay or Qtoe ua/, t r.--at !*s.tz^l-a-l caWE-tr'*4ruao sPRODUCED 'AS IDENTIFIdATION ,.2O'.4:./
(SEAL)
L ,;
Westchester lnsurance Company
By:
Annett udinot, Attorney-ln-Fact
FL Non-Resident License# W311780
Printed Name/Title
(Provide Proper Evidence of Authority)
/l
)
ACKNOWLEDGIVIENT
STATE OF New Jersey
COUNTY OF Morris
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
E pHystcRL PRESENCE oR EINL|NE NorARtzATtoN THts 1oth DAy oF December, 2020, By
Annette Audinot AS Attorney-ln-Fact OF Westchester Fire lnsurance Company WHO lS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED Driver's License AS IDENTIFICATION.
Notary Public - State of New Jersey
APRIL PEREZ
NOTARY PUBLIC
STATE OF NEW JERSEY
MY COMMISSION EXPIRES APR, 16, 2024
P etez
l4-Lls-02650/7
t"#
[15,1D5 01664/1153600/1]
fog.l "f 4
ACKNOWLEDGEMENT
;. 1
16.A.11.b
Packet Pg. 597 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
E.H L' EI EI
Power of Attorney
Federal Insurance Company I Vigilant Insurance Company I Pacific lndemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
rcrow A[ by lt€.. k€s€ais, that trBDBRAL INSITR NCB COMPAI{Y, an IDdiana corporation, VIGII]INT Il{SlrMNCa COMPANY, a New York corporation, PACEC
INDBUNITY COMPANY. a Wisconsin corporation. WBS'ItHBSTAX. FInB INSUMNCB COMPINY and ACB IMBRJCAN lll! If,ANCB COMPANY corporatiom of the
Commonwealth ofPennsylvania, do each hereby constitute and appoint
Annette Audinot
thereon or otherwise, bonds and undenakings and olher writings obligalory in the nature thereof (other than bail bonds) given or executed in the course ofbuslness, and any
instrumcnts amcndnrg or altering the same, and consenb to rlrc Dlodiflcrtion or ahcration olany instrument referred to h said bonds orobligations.
I.tr Wthess WheEol said FBDn L INSURANCB COMPANy, VIGILANT INSL.IRANCB COMPANY, PACIflC INDBMNITY mMP NY. WBSTCIIBSItsR nnB INSUnANCB
COITPANY and ACB AMBRICAN INSURANG @MPANY hrvc cach cxcculcd and attested these prcscnts and amxcd thcir corporate scals on this l0r day of lGrch. 2O2O.
Sur,lLYn.0h.ro^-^ef
lhv,r \l (:hlir,rr. ,\si:rlnl \rr(1fl1
NotanalScal
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Stq)h(n U.Ilrn(1. \ i( l'r(sid(nl
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STATE OF NEWJERSEY
county of Hunterdon ss
on this toi day of MaEb, 2O2O beforc me, a Notary Public of New Jcrscy, pcrsonally came Dawn M. Chloros and StcpheD M. Ilincy, to me known to be Assistant secrctary and
Vice Presidcnt. respeclively, of FEDERAL INSURANCE COMPANY. VICILANT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPANY and ACE AMERICAN INSURANCE COMPANY. thc cornpanics whirh cxecutcd the foregoing Powcr ofA(onrey, and thc said Dawn M. Chloros and Stephen M. Haney,
COMPANY, VICILANT INSUR,$JCE COMPANY. PACII.IC INDCMNIl-I COMPA]\\'. WESTCHESTER T.IRE INSURANCE COMPANY and ACE AMERIC"qN INSURANCE COMPANY And
that thcir signaturcs as such olnccls wcre duly alnxed aDd subs:ribcd by likc aurhorily.
XATHERINE J, ADEIAAR
NO.rARY PUBIIC OF NEI/V JEFISEY
No 23t6645Cdnt .e Erprrot Jdy 16.202rt
CERTIPICAI'ION
Resolutions adopted by the Boards of Directors o[FEDERAL INSURANCE CO]\.{PANry, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPAITY on August 30,2016;
WESTCHESTER FIRE INSURANCE COMPAM on December ll,2006r and ACE AMERICAN INSURANCE COMPAM on March 20.2009:
enl€r€d Inro In the ordlnar, couEe ofbujnd. (each a "writen commkmerl"):
seal ofthe Company or otheNise,
orherwis€, ro rhe exren( rhar suclr acrion is authonzed hy rhe glanr ot poweN provided tor in s{rch person\ winen apF,lntmenr as such atrorney-in lact.
Company as may be sfEdfied in $.h mtuen ippoinrmenr. which sp(ifietion may be by Seneml Rpe or clars of Wnaen Commltments or by spe.ifcton of one or more paniolar
Wrincn CommitmcnG
(4) E ch ol the chaiman. rhe P6ide and the vi.c Pr6idenls or rhe C.mpany Ls herebyaurhorized. for and on hehaltolrhecompany. todelesEte in witingto myotherorKer of$e
coDpany rhe aurhority lo execure. aor and on h€haf of $. company. uDder rhe compants seal or olherulse. such wrinen Commiunents ofthe compery a e specifled ln such
wnilen del(,lFrion, $,hn:h slEifiorion m.y be by A{cral r}Tr or cla$ ot Wririen Commitnents or by spe.incation o(one or Dore paniculd Wnften Commirmots
(5) The signature of anr om.erororher pe6on ex@rjna an, wr cn C,nrmitme or appointment or d.legation pu6un( to rhis RNlulion. d the *alotlhe C.mpalty, may b. amred b)
fac\imile on su.h Wrilten Commirment or Miuen ,pponltmetrl ordclqrlt .
the Comnany, and such R6olution shall no( timn or o(he ise alled rhe ex.r.Lr olan, su.h poveror audDnry otheBis validlygranred or vested."
I, Dawn M. Chloros. Assistant Secretary of FEDERAL INSURANCE COI\,IPANry, VICILANT INSURANCE COMPAI.IY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE CONIPANY and Al\,IERICAN INSURANCE COIvIPANY(he -Companies") do hereby certify that
by the Board oil)ilcct(n s ofthc (lonrpanics are true, correct rnd in full torce;lnd cllccl
tnx. corroct and in lullfbrcc rnd eflect
csat whircholrsl] Slali(,n, NJ, this December 10, 2020
Surrrr--f'n. 0hlol-e(
tl!e.n \l (:hlfir. \'tlJor \tr!:uj
$ lSH TO VIjRIFY THE At'tllENTIClTY Of THIS BOND OR NmIFY US Of ANY OTtiER MATTER. PLEASE COI'ITACT US AT:
Combmed FED-vlG.PrwFlc A IE t€!.1r 19)
9O3 3{93 fax (9O8) 903'3656 eroil:
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16.A.11.b
Packet Pg. 598 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
Doclrsign Enlrelope lD: CCF7D35&9825-47Cffi BIC-6EAB7BFM31 E
WESTCI{ESTER FIRE INSURANCE COMPANY
STATEf,EI{T OF ASSETS, LIAAIL|TIES AI{D SURPLUS TO FOLICYHOLOERS
Statulory Basis
Decembor 31,2019
(in thousancts)
assErs
LIABILITIES AND
SURPLUS TO PO!'C YHOLDERS
Cash and Sho.l Term lnvesiments
Uniled Slates Govemmenl. Slate
and Municipal Bonds
Olh€r Bonds
Slocks
Other lnvested Assets
106,879
56,172
28
6,008
Oulslanding Lo3s€s and Loss Expenses
Rainsurance Payabl€ on Losee3 and Exgenses
Umarn€d Premiums
Ceded Reinsuraflce Premiums Pafable
Orher Uatililte3
I (17,345)
151.741
92,830
$ 244,571
100,006
.100.006
$
TOTAL INVESTI\,1ENTS TOTAL LIABILITIES
SURPLUS TO POLICYHOLOERS
CaFtal Stock
Paid-ln Surdus
5.000
59,856
79,709
lnvestmenb in Aftiliates
Premiums Receivable
Oth6r Assets
TOTAL ADMITTEO ASSETS I 214.57',1
lnveshenls ale valued in accodance wilh requirem€nls of lhe Natond Associatron of lnsuran€e CornmissiorErs. At December 31. 2019,
anv€shents wiih a carrying valu€ of 312,787.326 were deposiled wilh gov€rnment aulhotrties as required by law
STATE OF PENNSYLVANIA
COUNTY OF PHILAOELPHIA
John Taror, being duly sworn, says that he is S€nior Vice Presiclenl of Weslchesler Fire lnsurance Company and lhal to the besl of his knowl€dgo
and belief lhe foregoing is a lrue and coriecl slalemeni of the s:!d Company's linancbl condilioo as oflhe 31 sl day o{ December. 2019.
L.,
LL.-1us+ 8,2c 13
My commission expkes
Conl 1rh Nota ty Sea
D a n e Wright,Nota P ub
PhiladolPhia CountY
Mv commission exPlresAu
commission number '1
gusi8,2023
2357 45
Fennsylvania Association ol Notaries
p,2. l{*
TOTAL LIABILITIESAND
SURPLUS
soh- T+0"
16.A.11.b
Packet Pg. 599 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)
12t15/2020 Detail by Entity Name
DrvrsroN oF CoRPoRArroNs
Dt'tt':tort r,tjcioi*oi,i':J'Jatf)
trlfltn!'iu,1 d !ttrtll!! \lb\rr
Detail by Entity Name
Foreign Limited Liability Company
FC OYSTER HARBOR, LLC
Filing lnformation
Oocument Number M14000003437
FEI/EIN Number 46-3915251
Date Filed 0511412014
State DE
Status ACTIVE
Principa!_l\&[css
8156 FIDDLERS CREEK PARKWAY
NAPLES, FL 34114
Mailing Address
8156 FIDDLERS CREEK PARKWAY
NAPLES, FL 34114
Eegistered Agent Name & Address
WOODWARD, MARK J, ESO.
32OO TAMIAMI TRAIL NORTH. SUITE 2OO
NAPLES, FL 34103
Authorized Pe rson (S)_Dcltai!
Name & Addres
Director & President
Parisi, Joseph L.
8156 FIDDLERS CREEK PARKWAY
NAPLES, FL 34114
Title Treasurer
Ferrao, Daniel
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DepA4IDCd_OljSlele/Divislonofoorpjralgls/SearchRecords/Seerchby_Lddy_l&89/
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnltial&searchNameOrder=FCOYSTERHAR.. . 1/2
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Ferrao, Aubrey J
8156 FIDDLERS CREEK PARKWAY
NAPLES, FL 34114
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16.A.11.b
Packet Pg. 600 Attachment: Bond Basis (21589 : Excavation Bond Release - Oyster Harbor at Fiddler's Creek Phase 2C)