Agenda 07/12/2022 Item #16A11 (Performance Bond release for Founders Square Plat)07/12/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$303,020, which was posted as a guaranty for Excavation Permit Number PL20190001390 for work
associated with Founders Square Plat.
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 Perfort-nance Bond was posted as security for an
Excavation Permit associated with Founders Square Plat. The As -Built lake cross sections have been
received and the lakes have been inspected on May 25, 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 forin 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 $303,020. 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)
I Packet Pg. 687 1
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A. I I
Doe ID: 22401
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $303,020, which was posted as a guaranty for Excavation Permit Number
PL20190001390 for work associated with Founders Square.
Meeting Date: 07/12/2022
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
05/27/2022 9:25 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
05/27/2022 9:25 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Development Review
Brett Rosenblum
Growth Management Department
Diane Lynch
Growth Management Department
Growth Management Department
Jaime Cook
Additional Reviewer
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Department
Trinity Scott
Transportation
Growth Management Department
James C French
Growth Management
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
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 Managers Office
Amy Patterson
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
Additional Reviewer
Completed
Completed
06/06/2022 5:35 PM
Completed
06/13/2022 3:45 PM
Completed
06/13/2022 3:58 PM
Skipped
06/01/2022 9:57 AM
Completed
06/17/2022 12:57 AM
Completed
06/20/2022 9:58 AM
Completed
06/20/2022 11:28 AM
Completed
06/20/2022 11:31 AM
Completed
06/24/2022 12:46 PM
Completed
07/01/2022 10:02 AM
07/12/2022 9:00 AM
I Packet Pg. 688 1
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this � I day of
2019 between BCHD Partners 11, 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 al. 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 Excavaticn Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. /QJC1 Coe i:�, c, (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 hereon in the amount of
$303,020.0 .
3. In the event of default by Developer or fa0ure 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.
4- 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.
5- 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-
6, In the event Developer shall fail or neglect to fuifill 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 inder-nnify the Board, upon
completion of such construction. the final
I Packet Pg. 690
7
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this I I "r' day of --S LA u F�- 12019.
SIGNED IN THE PRESENCE OF:
Sign:
Printed Name SA-aLNA,
David Genson, Registered Agent
Sign:
Provide Proper Evidence of Authority)
Printed Name
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF COLLIER COUNTYJLORIDA
By:_
as designee of the County Manager
pursuant to Resolution No. 2015-162
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Appro form and legality:
SaIIWJAshkar
Assistant County Attorney
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I Packet Pg. 691 1
F16.A.11.bl
PERFORMANCE BOND
FOR EXCAVATION WORK
For Founders Square
KNOW ALL PERSONS BY THESE PRESENTS: that
BCHD Partners 11, LLC
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as "Owner") and
Bond No. 106819625
Travelers Casualty and Surety Company of America
One Tower Square. 3B
Hartford, CT 06813
(800)873-1477
(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 Three hundred three thousand twenty OOY100
Dollars ($303,020.00) 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
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the Board a cer-tain Excavation Permit No. PL# and that certain N
excavation permit shall include specific improvements which are required by Collier County Ordinances
and Resolutions (hereinafter "Land Deve�opment Regulations"). This obligation of the Surety shall
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commence on the date this Bond is executed and shall continue until the date of completion of the work M
and approval by the County of the specific improvements described in the Land Development Regulations 'a
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(hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of 0
Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
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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 obigation 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 tirne, 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
15-LDS-01664/1153600/1]
Packet Pg. 692
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 1 11h day of June, 2019.
WITNESSES:
Printed Name ��_BJNok E:- WdW—"
WU4 a/L�
Printed Name MJ11640 R;cLL;t
BCHD Part ers 11, LLC
a F orid ite bili y mpany
By: I t dAa t;
David Genson, Registered Agent
Print Name/Title
ACKNOWLFDGEMFNT
STATE OF FLORIDA
COUNTY OF COLLIER
TOE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS tL DAY OF
_Jq.jj L_ _2019, BY - David Genson, Registered Agent -OF BCHD Partners 11, LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
blic - State of Florida
Printed Name
WITNESSES:
KIM D. DAVIDSON
Notary Public — State of Fiulda
C4mmisson # GG 154762
(SEAL)
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Tra olor A Casualty and Suret om pany of America
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By.
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Charity A. Moser, Attorney -In -Fact
Printed Name
[A( t t ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Collier
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1 11h DAY OF
June, 2019, BY CHARITY A. MOSER AS ATTORNEY -IN -FACT OF TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTEI , TIPNI
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"ary-Public - Statepf )w (SEAL)
Printed Name
LILLIAN A. SOULE
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My COMMISSION N GG 23971S
[15-LDS-01664 EXPIRES: April 6, 2020
/1153600/11
Bonded TWU NftV PubkLhW~
Packet Pg. 693
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 229466
Certificate No. 007003383
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Huntley A. Hornbeck II, Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Charity A. Moser, and Dawn Y. Colecchio
of the City of Naples , State of Florida — , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of October —, 2016 .
State of Connecticut
City of Hartford ss.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
5th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
ItPOR" .
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By:
Robert L. Raney, Senior Vice President
On this the 5th day of October — 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
TAR
In Witness Whereof, I hereunto set my hand and official seal.. Ft,
My Commission expires the 30th day of June, 2021. I'D
,g 0.
Marie C. Tetreault, Notary Public
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58440-5-16 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I Packet Pg. 694 1
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
16.A.1l.b
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this j 141 dayof]'Une. C
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J�� (Ir. /!�Z�
P Kevin E. Hughes, Assistant Secrr(tary
Goo CVk
HAMM
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To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the
above -named individuals and the details of the bond to which the power is attached.
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POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Packet Pg. 695 1
Resolution and Delegation of Rights and Powers to Manage
[BCHD Partners C, LLC1
This Resolution and Delegation of Rights and Powers to Manager is dated and made effective as
of June 1, 2019 and is executed pursuant to Florida Statutes Section 605.04071 by BCAM, LLLP, a Florida
limited liabillty firnited partnership ("BCAM"),
WHEREAS, BCAM and Metro Pelican, LLC, a Florida limited liability company, are the only two (2)
Members of BCHD Partners 11, LLC, a Florida limited liability company ("BCHD"),- and
WHEREAS, BCAl`Vi is the sole Manager of BCHD; and
WHERAS, BCAM desires to delegate certain authority, as hereafter provided, to David B.
Genson, to facilitate the obtaining of permits, approvals and other entitlements for the real property
under contract for purchase by BCHD, which property is located at the southeast corner of Immokalee
Road and County Road 951 intersection in Collier County, Florida, and known as Founder's Square (alkla
the Baumgarten MPUD) (the "Property").
NOW, 7HEREFORE, IT IS HEREBY RESOLVED, that pursuant to Florida Statutes 605.04071, BCAM
hereby authorizes and delegates to David B Genson, as Authorized Agent of BCHD, to execute and
submit, on behalf of BCHD, appficat�ons, correspondence, submittals, as may be desired or required
from time to time by BCHD, for the purpose of applying for an endeavcrine to obtain permits, approvals,
easements, consents, bonds, development agreements, excavation performance agreements, right-of-
way permits, plat5 and any other governmental permits or approvals that may be required or desired by
EICHD (collectively, "Entitlements") �ri conjunction with RCHD's pending purchase of the Property and
obtaining of Entitlements therefore to facilitate the development thereof, all �n such form and content
and under terms and conditions acceptable to David B. Genson.
AND BE IT FURTHER RESOLVED that Collier County, the Southwest Florida Water Management
District, the State of Florida, and any other governmental or quasi -govern mental agency may rely upon
an executed copy of this Resolution, without further inquiry or investigation,
THE FOREGOING IS EXECUTED AND MADF EFFECTIVE AS OF THE DATE SET FORTH ABOVE, BY THE
UNDERSIGNED MANAGER OF BCHD:
BCAM, LLLP,
a Florida limited liability company
By: Barron Collier Corporation
Its: General Partner
By: -------
Brian oguen, Vice Presi,:t
I Packet Pg. 696 1
611312019 Detail by Entity Name
DivisioN OF CORPORATIONS
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6113/2019 Detail by Entity Name I 16.A.1 1.b
Detail by Entity Name
Florida Limited Liability Company
BCHD PARTNERS 11, LLC
Filing Information
Document Number L16000211441
FEIIEIN Number 32-0533956
Date Filed 11/17/2016
State FL
Status ACTIVE
Principg1l Addi-955
2600 GOLDEN GATE PARKWAY
ATTN� DAVID GENSON
NAPLES, FL 34105
Mailing Address
2600 GOLDEN GATE PARKWAY
ATTN: DAVID GENSON
NAPLES, FL 34105
Registered gent Name & Address
GENSON, DAVID
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Authorized Person(5) Detail
Name & Address
Title MGR
BCAM, LLLP
2600 Golden Gate Pkwy
Naples, FIL 34105
Annual R pq-ds
Report Year
Filed Date
2017
04/19/2017
2018
04/26/2018
2019
04/26/2019
Dgggri Images
Q4- �2LZQ`I 9 - ANN UAL REPORT
04/26�2018 - ANNUAL REPORT
06101/2017 - AMENDED ANNUAL REPO
04/19W17 - ANNUAL REPORT
I WlZaD16 -- Florida Limltgq L41bili y
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