Agenda 05/24/2022 Item #16A 2 (Release of Performance Bond - Guadalupe Center Van Otterloo Campus)05/24/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$45,390, which was posted as a guaranty for Excavation Permit Number PL20200001062 for work
associated with Guadalupe Center Van Otterloo Campus.
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 Guadalupe Center Van Otterloo Campus. The As-Built lake cross
sections have been received and the lake has been inspected on April 14, 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 $45,390. 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.2
Packet Pg. 194
05/24/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 22010
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $45,390, which was posted as a guaranty for Excavation Permit Number
PL20200001062 for work associated with Guadalupe Center Van Otterloo Campus.
Meeting Date: 05/24/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
04/19/2022 4:09 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
04/19/2022 4:09 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 04/19/2022 4:19 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/19/2022 4:53 PM
Growth Management Department Diane Lynch Growth Management Department Completed 04/25/2022 3:07 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/28/2022 11:29 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 05/04/2022 8:48 AM
Growth Management Department Trinity Scott Transportation Skipped 04/21/2022 6:23 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/05/2022 12:44 PM
Growth Management Department James C French Growth Management Completed 05/05/2022 1:32 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/05/2022 1:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/05/2022 2:57 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/10/2022 2:11 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/11/2022 2:25 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/24/2022 9:00 AM
16.A.2
Packet Pg. 195
GUADALUPE CENTER
VAN OTTERLOO CAMPUS
LOCATION MAP
16.A.2.a
Packet Pg. 196 Attachment: Location Map (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
EXCAVATION PERFORMANCE AGREEIMENT
I,I
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this #h ary or
2020 between Heatherwood Construction Companv hereinafter referred to as
"De r," 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. 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 Reg ulations and Excavation Permit No. PL20200001062 (the
"Excavation Permit")
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 $45,390.00
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
1
4
6
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:
16.A.2.b
Packet Pg. 197 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
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.
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 WTNESS WHEREOF, the Board and De
7
EXEC
Print Name Sr..o I Urtl r
Print Name
ATTEST:
Crystal K. KiDrzel, CLERK
ed as nd legality
kD. Perry
sistant County Attorney
their dul y authorized representatives th
NCE OF
ve cau
yol h
He
By
athe d Construction Comp
Iter Crawford, Presiden
Guadalu Center ln c.
By
Dawn Montecalvo, President
ed this Ag reement be
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velopqr ha
is Ztst\a
v
Consented to on tnis Z1fty ot .tuty, 2020 by
hr{,.^F\ \.'"l^ca-
BO
OF
By:
ARD OF COUNTY COMMISSIONERS
COLLIER COUNry- "'>/ ,fr-" ,/\,/-
T;nl^,* T,LyG
As designee of County Manager
Pursuant to Resolution No. 201 5- 162
16.A.2.b
Packet Pg. 198 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
Exhibit "A"
Bond #GM 204332
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Heatherwood Construction Company
8880 Terrene Court
Bonita Springs, FL 34135
(hereinafter referred to as "Developer") and
Great Midwest lnsurance Company
800 Gessner, Suite 600, Houston, TX77027 (713) 935-0226
(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 Forty-Five Thousand Three Hundred and Ninety 00/'100 Dollars
($45.390.00) 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. Developer and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Developer has submitted for approval by
the Board a certain excavation permit no. PL20200001062 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
improvemenls 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 Developer 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 Developer 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 Developer'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, 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.
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 Developer 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 l8h dav of July _,2020-aa-6- -
Prant
d ction
3 I
Print Name-_lr^1u,[-- iJ_l!.II(1*]V:HrfL
By:
Walter Crawford, Presi e nt
nyWitnesses:
,//r4---/-t-;-''-'---
1
16.A.2.b
Packet Pg. 199 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
Exh ibit "A"
ACKNOWLEDG EI\4ENT
STATE OF flor)1"
couNTYoF Lc.
EGOING PERFORMANCE BOND WAS ACKNOWLEDG BEFORE I\,4E BY MEANS OF
CAL PRESENCE O*er CrtwGd
R INE ARIZATIO T J DA Jr.,,zo )o
AS /,c.li OF wHd rs pensorunllY
KNOWN E, OR HAS PRODUCED OF AS IDENTIFICATION
Notary Public - State of 0r',1.N
(SEAL)
Printed Name
'Donr.a-A
TH7 FOR
T'TPHYSI*aY
tNa/
l:lnL
Witnesses: A
.-/h,11/,,1^ lJ&0u Great l\4id
By
Print Name
Print Name 4.
(lor,L*STATE OF
COUNTYOF Le<-
FOREGOING PERF RMANCE BOND WAS ACKNOWLEDTHF
['J P YSI R SE OR OE E NOTAR Tro TH S DAY O
I
o
E
BEFORE I\4E Y MEANS
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WHO S PERSONALLY
OF
AO
BY
KNOWN TO M . OR HAS PRODUCED OF
Notary Publi i/^o-
By:
F
N$Yu^rr
PrintedName. -, I
)or,no.- H. [-/ct\e
Consented to on this idt day of July 2o2o by:
Guadalupe Center, lnc.
AS IDENTIFICATION.
(SEAL)
r..-t$i$,.rir#z
=.*i -.- " i*E
a- -'. 4. flce 2nsos .' _=
'zl;#;,,3,puN
2
Dawn Montecalvo, President
#GG 27j509 ..*
Name and Title
David J. Rudnik, Attorney-in-Fact
---_-.-.-...-
ACKNOWLEDGMENT
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16.A.2.b
Packet Pg. 200 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
POWER OF ATTORNEY cM-204332
Great Midwest Insurance Co mpany
KNOW ALL MEN BY THESE PRESENTS, that GREAT IOWEST INSURANCE COiIPANY, a Tcxas Corporation, tyith its prinopal offce
in Houston. TX, does hereby constitrJte and appoint:
Chelsea A. Bremer, David J. Rudnik
its true and la$rul Attorney(s)-ln-Facl to make, execute, s€al and doliver for, and on its behalf as surety, any and all bonds, undertakings or
writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution whic*i was passed by the Board of Directors of GREAT iflU^rEST
INSURANCE CO PANY. on the lsr day of October, 2018 as follorvs:
Resolved, that the Presideri or any officar, be and hsreby is, authorized to appoint and empower any representdive ofthe Company
er person or persons as Attomey-ln-Faci to excqJte on behalf ot the Company any bonds, undenakings, policies, contracls of indemnity or oth
s obligatory in nsture of a bond not to exceed Four Million dollars ($4,000,000.00), wlrich the Company might execute through lts duty elected
cers, and affix the seal of the Company tirereto. Any said execution of sucfi documents by an Attomey-ln-Faqt 8h8ll b€ as binding upon
Company as if they had been duly execjted and acknowledged by the regularly elected offcers ofthe Company. Any Attomey-ln-Fact, so appointcd,
may be removed in the Company's sole discretion and the euthority so granted may be revoked as speciUed in the Pofler of Attomey.
Resolved that the signature ot the President and the seal of the Company may be aiixed by facsrmile on any pov€r of atlomey granted,
and lhe signature of the Secret8ry, and the seal of the Company may be affixed by facsimrle to any certifcate of any sucfi power and any such
power or cenificatc bearing sucir facsimile signature and seal shall be valid and binding on the Company. Any sucir pow€r so cxac.uted and sealed
and c.rtifcale so executed and sealed shell, wilh resped to any bond ot undertaking to which it is att8chcd, continue to be valid and binding on
Company.
lN WTNESS THEREOF, GREAT MIDWEST INSURANCE COiTPANY, has caused this instrument to be signed by its Presidrnt, and
Corporate Seal to be amxed this 1sth day of Ocrober, 2018.
rnS GREAT UIDWEST INSU CE COMPANY
BY t-^-
Peter B. Smith
President
ACKNOWLEOGEMENT
On this 15th day of Odober. 2018, before me, personally came Peter B. Smith to me known, who being duly swom, did depose and say
he is th€ President of GREAT ulDwEST INSURANCE coilPANY the corporation described in and which executed the above insrument:
that he executQd s6id instrument on behalf of the corporation by authority of his ofice und€r the By-laws ot said c4rporation
BY {rY
Christina Bishop
Notary Public
CERTIFICATE
I, the undersigned, Secretary of GREAT iIIOWEST INSURANCE COIITPANY, A Texas lnsurance Company, DO HEREBY CERT|Fy th
onginal Po.vet ofAnomey of whici the foregoing js a true and conect copy, is in tull icrce and effeci and has not been revoked and the resotmons
set lonh are now in force
Signed and Sealed at Houslon, TX this
-lg!--
Day of Julv 2029-.
BY
Leslie K. Shau
Secreta/v
"waFINtllG: A-y p.E6n wlro knc,rngtt| .nd wtl,l rnt nr to ootraud any ln3uranco comparry o? oth€r pairoo, lllea and applicetion tor lnsuaat|cc ot cla
contrintng .ny m.t rlatly f.l6€ infomrtion, or concaala tor tha purpoaa of mirleading, InfonruUon conccming .ny f.cl maLtlll ther.to, commlta
iOSPfFATE 9EIL
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4090 I 1-:a D0
c08Po8ArE SEll
ubht ln ur!nca.ct, which B a cdma and aublact3.uch pe[on to cdmin8l and civil Pnaltlea.
16.A.2.b
Packet Pg. 201 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)
DetaiI by Entity Name
F onda Deoartmenr of Srale
Detail by Entity Name
Florida Profit Corporation
HEATHERWOOD CONSTRUCTION COMPANY
Filino lnformation
Document Number PM000167920
FEUEIN Number 84-0838698
Date Filed 12l15l2OM
State FL
Status ACTIVE
Last Event CORPORATE MERGER
Event Date Filed 1211512004
Event Effective Date NONE
Princioal Address
8880 TERRENE COURT
BONITA SPRINGS, FL 34135
Mailino Address
8880 TERRENE COURT
BONITA SPRINGS, FL 34135
Reoistered Aoehl Namo E Address
CRAWFORD, WALTER MIV
8880 TERRENE COURT
BONITA SPRINGS, FL 34135
Address Changed: O2l 1 3l2OOo
Office/Director Detail
Name & Address
Title D, P
CRAWFORD, WALTER MIV
8880 TERRENE COURT
BONITA SPRINGS. FL 34135
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Annual Reoorts
Report Year
2018
2019
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Filed Date
03t26t2018
02t13t2019
o3t1912020
http://search.sunbiz.org/Inquiry/CorporationSearch./SearchResultDetail?inquirytype-Entity'7t2'.712020
16.A.2.b
Packet Pg. 202 Attachment: Bond Basis (22010 : Excavation Bond Release - Guadalupe Center Van Otterloo Campus)