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Agenda 05/10/2022 Item #16A 1 (COC to Release Performance Bond EWA Shadowwood-Plat One)05/10/2022 16.A.1 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $134,060 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210003120) for work associated with Shadowwood - Plat One. 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) (PL20210003120) for Shadowwood - Plat One PPL (PL20210001045). On March 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 $134,060. 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) Packet Pg. 272 16.A.1 05/10/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doe ID: 21799 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $134,060 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210003120) for work associated with Shadowwood — Plat One. Meeting Date: 05/10/2022 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 03/30/2022 1:46 PM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 03/30/2022 1:46 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Growth Management Development Review Brett Rosenblum Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Department Jaime Cook Additional Reviewer Growth Management Department Diane Lynch Growth Management Department Growth Management Department Trinity Scott Transportation County Attorney's Office Derek D. Perry Level 2 Attorney Review Growth Management Department James C French Growth Management Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Additional Reviewer Completed Additional Reviewer Completed Completed 04/01/2022 9:21 AM Completed 04/06/2022 1:22 PM Completed 04/07/2022 2:08 PM Skipped 04/04/2022 8:38 AM Completed 04/11/2022 12:42 PM Completed 04/13/2022 12:29 AM Completed 04/13/2022 8:21 AM Completed 04/13/2022 1:30 PM Completed 04/15/2022 2:30 PM Completed 04/29/2022 7:56 AM 05/10/2022 9:00 AM Packet Pg. 273 16.A.1.a SHADOWWOOD - PLAT ONE , Y i, c #�, S4J3. �+1 d+Vig B4iAEYARD d NAPLES m rRtTj k4FU5 HQRITACF car mo COUN-MY CLLI" FR PART{AAN tiERF 1 TA4RM NA RESERVE ANOSEAC +I . IpN6 LAKE 9i FAWNO '�DUNTRY (cap y(ATERS CLUB NAaLES N��C7MAL J 3T - N coot OLLi fN GOVNTv 1. CANP.kx 'AnI R[Rmr f,Ctilp (RO" w}NTE -.OYES OF SLANDIA ?j 'ASP QGN$ERVA-, 7N A9EA Rl SHA1101M- - VOMACO LAOC HAVEN WALTERFM wow APDE ESTATES ASSEMBLY xACJEMOA 1A } RMERA I � NA RE'! tAKCS YIVWSrME5ODLER C 4earRY CWR q4 vOlfx Rayk wom T$ NL ST. PETER`S ESTATES Gkc i1U9 � CODO TURN WHOM CENTER OiLibC°Y i�1.66d{G M116ALAx f A Y Li McWV LEl'M RATTLEVORA - _ IG LLLK H.KkF lQA L :ES PALAdS - R w,u+ "l) Lr .ClJ1�fRY KICO COLLECENCPAiCN []SURYe p,Lp r+d IECE 19 30 dPw'p i`2.2 PARK %ALLhIL 4AR�L 9I.V - nttiolFrrs LLL" $4 SARA►. PALM ROA60 LOC AlLEL?r, �' A RT CE4MJNR>+ 5 1t+FLEs Ii.MNdt plop � 4 O xp 29 4�G£ld .rTNFrd'il, r-,7AR5 LiTRTLE _. e: }TRIES IPNII LOCATION MAP Q m C 0 m u O J r C d Q Packet Pg. 274 16.A.1.b EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 6 day of U2.G G m be V' , 2021 , between Naples Associates VI, LLLP 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.13 (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. PL20210003120 (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"). 2. Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $134,060.00. 3. In 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. 4. 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. 5. 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. 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 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 total cost to the Board thereof, including, but not limited to, engineering, legal and [21-EIS-04603/168953811] Page 1 of 2 Packet Pg. 275 16.A.1.b 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 day of e.1 i be 2021 SIGNED IN THE PRESENCE OF: Na ssociates VI, LLLP Sign: BT: Naple rpo , its G;3;�ner BV I c ?' GEC Printed Name Asti�1C . S alt Y Sign: A'� Printed Name \aN--r 1� v ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida A pr ved a to m legality: Derek D. Perry Assistant County Attorney N. Maria Menendez Vice President Evidence of signing authority attached hereto as Exhibit '`jam. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jaime Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No, 2015-162 T [21-EIS-04643l1689538111 Page 2 of 2 Packet Pg. 276 16.A.1.b EXH I BIT "A" PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS Bond No.: 0240959 KNOW ALL PERSONS BY THESE PRESENTS: that Naples Associates VI, LLLP 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, Florida 33323 (hereinafter referred to as "Owner") and Berkley Insurance Company 400 Mount Kemble Ave., Suite 310 N Morristown, NJ 07960 (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 Thirty-four Thousand Six Dollars and Zero Cents ($134,060.00) 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 Early Work Authorization Permit No. PL20210003120 and that certain Early Work Authorization 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 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 m 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 ° m 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. a 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. Page 1 of 4 Packet Pg. 277 16.A.1.b IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 3rd day of December, 2021 WITNESSES: Naples Associates VI, LLLP, a Florida limited liability limited partnership N � U 1wi &uk PRINTED NAME: PRINTED NAME: STATE OF Florida COUNTY OF Broward By: Naples VI Corporation, a Florida corpo", its g neral pa ner h By lx& al. Au orize nature `:� U N. Maria Menendez, Vice President Title ACKNOWLEDGEMENT The foregoing instrument was acknowledged before me by means of Elphysical presence or ❑ online notarization this day of _�Q��r , 2021, by N. Maria Menendez, as Vice President of Naples VI Corporation, a Florida corporation, the general partner of Naples Associates VI, LLLP, a Florida limited liability limited partnership, on behalf of said corporation and partnership, who is personally known to me or who has produced as identification and who did/did not take an oath. Notary Public - State of � L V r'-% VOA J E� - i P tc �l`JarGl ytr Printed Name 'sty Poe, JEFFREYASPEVACEK (SEAL) Commission 6 GG 286965 * N, Expire: January 26, 2023 of r� �ond�a raw Iudp�t NeYry ✓1NY Page 2 of 4 Packet Pg. 278 16.A.1.b WITNESSES: Printed Name: Stephanie N[cCa Printed Name: Brian Turner STATE OF Florida COUNTY OF Palm Beach SURETY: Berklev Insurance Corn By: Authorized Signature Dale A. Belis Printed Name Attorney -In -Fact and Florida Resident Agent Title ACKNOWLEDGMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF © PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 2nd DAY OF December, 2021, BY Dale A. Belis AS Attorney -In -Fact OF Berkley insurance Company WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF NIA AS IDENTIFICATION. Notary Public - State of Florida ,--�d Name: Natalie C. Demers 14-EIS-02650/7 =Opc State of Ftwdaemers+on GG 321 1 69 12023 (SEAL) n Page 3 of 4 Packet Pg. 279 16.A.1.b No. BI-492e-el POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Brett Rosenhaus or Dale A. Belis of Acrisure, LLC dba Nielson, Rosenhaus & Associates of Delray Beach, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attomey-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has caused these presents to -be signed and attested by its appropriate offic—ers and its corporate seal hereunto affixed this 25th day of March 2020 41RnN Attest: Berk] insurapan nce Comp. By EY ernsan 7e after i zav , , Executive Vice President & Secretary S Z` esidetat STATE OF CONNNECTICUT ) ss: E COUNTY OF F•A.TRFIELD } � c� Sword to before me, a Notary Public in the State of Counecticut, this 251h day of _ March _2q� by Ira S. Iederruata Q and Jeffi•cy M- Halter who are sworn to me to be the Executive Vice President Secretary and -Senior Vice President, respectively, of Berkley Insurance Company, �"ANOTARY Ri IC My COMMISSION EXPIRES ANHIL ao. �z1 Diary Public, State of Connecticut CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY 1NSUItA.NCE COMPANI; UO HEREB y CERTIFY that the forego i true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not bcen revoke�,oP ���� x and -that -RA authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to whicbl war. #f ched, is in full force and effet-t as of this date. ,.• .,• u� .- 9 der my hand and seal of the Company, this 3rd day of Deee er 2016: O1 0 i j�,•: `= _' ti1.1[, Z \ Vinceut P. Forte Iq;. 1bs A L �As Page 4 of 4 ��, '• .... Packet Pg. 280 Exhibit "B" 16.A.1.b 2021 FLQ131QALIMIIEQEA13INE13SHIPANNUAL REPOR DOCUMENT# A20000000279 Entity Name: NAPLES ASSOCIATES VI, LLLP Current Principal Place of Business: 1600 SAWGRASS CORPORATE PKWY STE 400 SUNRISE, FL 33323 Current Mailing Address: 1600 SAWGRASS CORPORATE PKWY STE 400 SUNRISE, FL 33323 US FEI Number: 85-2678109 Name and Address of Current Registered Agent: HELFMAN, STEVEN M 1600 SAWGRASS CORPORATE PKWY STE 400 SUNRISE, FL 33323 US FILED Apr 28, 2021 Secretary of State 0139753544CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail Document # Name NAPLES Vi CORPORATION Address 1600 SAWGRASS CORPORATE PKWY STE 400 City -State -Zip: SUNRISE FL 33323 I hereby certify that dte information Indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that l am a general partner of the limited partnership or the raceiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes; and that my name appears above. or an an attachment with all other fihe empowered. SIGNATURE: RICHARD M. NORWALK VP 04/28/2021 Electronic Signature of Signing General Partner Detail Date Page 1 of 2 Packet Pg. 281 Exhibit "B" 16.A.1.b 2021 FLORIDA PROFIT CORPORATION ANNUAL _BEPOR DOCUMENT# P20000054372 Entity Name: NAPLES VI CORPORATION Current Principal Place of Business: 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 SUNRISE, FL 33323 Current Mailing Address: 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 SUNRISE, FL 33323 US FEI Number: 85-2333265 Name and Address of Current Registered Agent: HELFMAN, STEVEN M ESQ 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 SUNRISE, FL 33323 US FILED Apr 26, 2021 Secretary of State 2982040381CC Certificate of Status Desired: Yes The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title P Title VP, AS Name EZRATTI, MISHA J Name FANT, ALAN J. Address 1600 SAWGRASS CORPORATE Address 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 PARKWAY, SUITE 400 City -State -Tip: SUNRISE FL 33323 City -State -Zip: SUNRISE FL 33323 Title VP Title VP, T Name NORWALK, RICHARD M. Name MENENDEZ, N. MARIA Address 1600 SAWGRASS CORPORATE Address 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 PARKWAY, SUITE 400 City -State -Zip: SUNRISE FL 33323 City -State -Zip: SUNRISE FL 33323 Title VP Title S Name ARKIN, RICHARD A. Name HELFMAN, STEVEN M. Address 1600 SAWGRASS CORPORATE Address 1600 SAWGRASS CORPORATE PARKWAY, SUITE 400 PARKWAY, SUITE 400 City -State -Zip: SUNRISE FL 33323 City -State -Zip: SUNRISE FL 33323 I hereby cartily that the information indicated on this report or supplamenraf repon is true anac d curate and that my electronic signatu.e shall have the same lagai effect as it made under oath: that f am an officer or director of the corporation or the receiver or trustee empowered to executo this report as required by Chapter 607, Florida Statutes; and that my name appears above. or on on attachment wilh atf other like empowered. SIGNATURE: RICHARD M. NORWALK VP 04/26/2021 Electronic Signature of Signing Officer/Director Detail Date Q Page 2of2 Packet Pg. 282