Agenda 09/27/2022 Item #16A 2 (Authorizing the Clerk of Courts to release a Performance Bond)09/27/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$518,260, and a Performance Bond in the amount of $342,880 which were posted as a guaranty for
Excavation Permit Numbers 59.932-6, PL20150001148; 59.932.7, PL20150001152; 59.932.10,
PL20170000767, for work associated with Orange Blossom Ranch.
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 Bonds were posted as
securities for Excavation Permits No.59.932-6, 59.932-7, and 59.932-10 associated with Orange Blossom
Ranch - Commercial. The As-Built lake cross sections have been received and the lakes were inspected
on July 8, 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 $518,260, and a Performance Bond in the amount of $342,880. 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. 467
09/27/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 23057
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $518,260, and a Performance Bond in the amount of $342,880 which were posted as a
guaranty for Excavation Permit Numbers 59.932-6, PL20150001148; 59.932.7, PL20150001152;
59.932.10, PL20170000767, for work associated with Orange Blossom Ranch.
Meeting Date: 09/27/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/10/2022 4:27 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/10/2022 4:27 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/10/2022 5:31 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/17/2022 11:40 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/22/2022 1:20 PM
Growth Management Department Diane Lynch Growth Management Department Completed 08/23/2022 12:39 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 09/06/2022 3:03 PM
Growth Management Department Jeanne Marcella Transportation Skipped 08/16/2022 9:41 AM
Growth Management Department James C French Growth Management Completed 09/07/2022 6:05 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/13/2022 12:57 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/13/2022 1:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2022 10:43 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/16/2022 12:04 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/16/2022 4:54 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/27/2022 9:00 AM
16.A.2
Packet Pg. 468
ORANGE BLOSSOM RANCH
LOCATION MAP
16.A.2.a
Packet Pg. 469 Attachment: Location Map (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
16.A.2.bPacket Pg. 470Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
16.A.2.bPacket Pg. 471Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Bond No.: K09279532
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
RP Orange Blossom Owner, LLC
3066 Tamiami Trail North, Suite 201
Naples, Florida 34103
(hereinafter referred to as "Ownei') and
Westchester Fire lnsurance Company
1 1575 Great Oaks Way, Suite 200, Alpharetta, Georgia 30022
(hereinafter refened to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter refened to as
"County") in the total aggregate sum of Five Hundred Eighteen Thousand Two Hundred Sixty Dollars ($518,260.00) 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 ,s such that whereas, the Owner has submifted for approval by the Board a
certain excavation permit no. PL20150001148 for The Ranch at Orange Blossom Phase Two 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 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 Orvne/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 modiflcation of
any character whatsoever,
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 3rd day
of December, 2015.
WITNESSES:RP Orange Blossom Owner, LLC
Printed Na e Dl""aB<'--By:
printed Name/ritte VlcE PRESIDENT
(Provide Proper Evidence of Authority)
Printed Name
5+l ha,^t <. S,h<./t(
16.A.2.b
Packet Pg. 472 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
ACKNOWLEDGEMENT
STATE OF ,iu-?P'w)lur#b?9N D^rid,LLC..
db'o" orMub-,
O IS PERSONALLY KNOWN
(SEAL)
3r* {'w-[-
CE BOND WAS AC NOWLEDGED BE ME THIS
2o_I.f,- BY (NAME OF ACKNOWLEDGER) AS (TI E) OF (N COMPANY) WH
Printed N
WITNESSES:Westchester Fire lnsurance Company
couNw oF T L4-t*'
THE FoREGorNo penrgn:rfi'nru
,Mtl,^*Jk" l^
Debb Higgl
Printe Name
P
A
ted Name
Ham
By:
Joel Ca nnon
Atto rney-ln-Fa ct
ACKNOWLEDGMENT
STATE OF Alabama
COUNTY OF Jefferson
THE FoREGOING PERFORMANCE BoND wAS ACKNoWLEDGED BEFoRE ME THIS 3d DAY OF DECEMBER ,
2015 BY JOEL CANNON AS ATTORNEY-IN-FACT OF WESTCHESTER FIRE INSURANCE COMPANY WHO IS
PERSONALLY KNOWN TO ME , OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of Alabama
(sEAL)
l0
Traci L. Helms
Printed Name
14-EIS.02550/7
inr .l
TO ME, OR HAS PRODUCED
-
AS IDENTIFICATION,
Notary Public - St ate ot fr\fu|)-
i--.--.-..._-
-:
M. K. BEAVANS
NOTAFY PUEUC
8TA1E OF TEXAS
MY 00MM, EXP 03/2219
16.A.2.b
Packet Pg. 473 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Power of wEsrcHEsrER FrRE rNsuRANcE coMpAl\ry
Attorney
Know rtl nrcn by thcr pr.r.ntr: Tlut WESTCHESTER FIRE INSURANCE COMPAiIY, a corporation of thc Commonwcalth of Ponruylvania purcuant to lho
following RcsolutiorL adop&d by the Board of DirccJors of thc said Compary on Dcccmbor I1,2006,lo wit:
otottd ino lho ordlnuy cot,llo of budne (uch . "Witl6 Cmmitnor'):
odrosir,
nrdr rclioa ir rufioird ty Or gort of pomr povidcd 6r lr rud pocotr wilo pgdamat I ludl iblmy.iFf3l .
ftrll powr ud uthxiry to mrq for rd q b*df of rho Conpuy. rinair ttr rd of U Corprny or othsw&g rucl Wiltrn Comimr! of dro Cmprny u nry b! tg.cifi.d in ,ud fiiha
$roinmoq u,hi4 rpocl6cetkn nry bc by ged ypc c du of 1li(6 Cmnitrdrb c by pcdfrcdo of oo q mn putisr{r Wrilts Crrnr{tnail!.
(l)
(2)
0)
(1)
(5)
tmrrl typc G da of Wdfie Comitr|lntr or by rpccific*tn of on, ff nDra pariruls Wrinll ComiffoB.
Tho rigntgr of oy ofu or odrc pom cantbg Dy Wri[o Comdinort or rpoinitrnt o, dd.$fio puElDl lo lhir Rmlutio, nd thc rcl of lho Contpray, nr bo rltlpd by foliniL on rrch
Wdtta Comitmt s uittcn ppohtmt c ddrgaiu.
PT XTHBI nf SOLVED, thl tlrc foropinl Rolutim dull mt bo dcmod to b r aclrrir ruluront of drr pow ud utlrolty of oftcorq oCoy{ lld o*t{ pcno lo d 6r nd m bdrlf of lfir
Crrrpory, ud edr Rslulio idl ml lidit a o0!lui$ rffcq fic q6ir of ay ruch pow rlrthryily otinir vrlidly yuad u vrrd.
Does hereby nominato, constitutc Bnd appoint Ann Hamby, BEN TIIOMPSON, Det$ia Higgtnbotham, Jool Cannon, Susan G Gardncr, all of tho City of
BIRMINCHAIvI, Alabama, eaoh individually if thcre be mot! than one nemcd, iu tnrc and lawful attomry-infact, to make, executc, scal and dclivcr on its bchalf, and
as its act and dccd any md all bonds, undcrtakings, rccognizanccs, contsacts and othcr wrilings in thc naturc thcreof in pcnalties not cxc€cding Fiftccn million dollus &
zero cents ($15,000,000.00) and tho exocution ofsucb writingp in nrnuancc ofthclo prcsanB ohall bo as binding upon said Compsny, as fully ad amply ar iftltoy had
becn duly o.ccutcd and aoknowlcdged U the regulsrly elected officcn of thc Compony at it! principol offco.
IN WftNEItS WHEREOF, thc said Stcphcn M. Hangy, Vicc-Praident, has hcrounlo subscribcd his namc and afflncd thc Corporatc aoal of thG said WESTCHESTER
FIRE INSURAN.E .,MPANY this 17 dav of Novombcr 2015'
wEsrcHEsrER F,RE INSLTRAN.E coMpANy
$ehcn M. tlllly . Vka hddart
COMMONWEALTH OF PENNSYLVANIA
COLJNTY OF PHILADELPHIA ss.
On this 17 day of Novcmbcr, AD. 2015 bcfore me, s Notary Public of thc Commonrrycalth of Pcnnsylvania in and for thc County of Philadolphia camo
Stephen M, Ilancy ,Vic€-President of thc WESTCHESTER FIRE INST RANCE COMPANY to mo pcrsonally hrown to bo thc individual and officer who exocutcd
ttra prcding instrumont and ho rcknowlcdgod that hc o(ccutcd thc samc, arrd that lho scal effixed to thc prccoding imtrument is tho corporato roal ofsait Company;
that the said corporo& seal and hir signaturc ncre duly alfixcd by tho eUhority and dircction ofthc sid corpordion, and that Rooolution, adoptcd by tho Board of
Dirwtors of said Comparry, rcfcnod to in the prcccding inrrumcnt, ir now in forco.
IN TESTIMONY WHEREOF, I havc herounto mt my hand and affuod my offrcial scal at the City of Philadclphia the day and yoar first abovo writt n.
m
f,,f,'----18 M
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I, ttrc undcrsigrod Assighnt Sccrctary of thc WESTCIIESITER FIRE INST BANCE COMPANY, do hcroby ccrti! tlut tho origiml POWER OF ATIORNEY, of
which tho forogoing is a rubatantially truo and corrcct copy, is in full forcc and cffoct.
In witness wherso{, I havc hcrcunto subccriM my name as Assistant Secrctary, and afrxcd the corporatc scal of the Corporation" tris 3rd46y oi lbCgnber, 2015
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE A}.TY BOND WITH AN INCEPTION DATE AFTER NoveMbcT 17,2017,
/-.
Docuianl 104546 aonti,ins a soqtflty N{rtognph, bltE Mckgtound, hmt-wsillw lt k, coln-reedhc twtamaft\ end nlcnt,dt grintlng on lonlor,
.t'-**ho
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16.A.2.b
Packet Pg. 474 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
16.A.2.bPacket Pg. 475Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
16.A.2.bPacket Pg. 476Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Bmd No. I(G27%65
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
RP Orange Blossom Owner, LLC
3953 Maple Avenue, Ste. 300
Dallas, TX 75219
(hereinafter referred to as "Ownef') and
Westchester Fire lnsurance Company
11575 Great Oaks Way, Suite 200
Alpharetta, GA 30022
(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 Fortv-Two Thousand Eioht H undred
Eiohtv Dollars a nd 00/100 Dollars ($342.880.00) 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, sucressors
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.PL20150001 152: The Ranch at o fa noe Blossom Phase 3
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 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 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 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 remaln 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 14th day of June. 2016.
[1s-LDS-01664/1153600/1]
16.A.2.b
Packet Pg. 477 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
ITN RP
By:
Oranse Blossom Ownerd LLC
Ttr
nted el(e(o
L
e
4
Printed Name 'l rctr,.t
y'-[6"115*
Ron J. Hoyl, Vice President
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
E FOREGOING PERFO
Notary Public - State of fe Vlr:
Printed
ncta
f. t+D V icrlrrrtlo,lrP RF \rcrr"PWgcYn 4:U
rHrslL%AY oFD WAS D BEFORE ME
ACKNOWLEDGER)AS (TTTLE) OF (NAME OF COMPANY)
PRODUCED AS IDENTIFICATION
(sEAL)
Fire lnsura Company
Ann Ha mby, Attorney-ln-Fact
Higginbo\h
M. K. BEAVANS
NOTARY PUBLIC
STATEOFTHOS
MY COMM, EXP,ASl27/lS
[ 1s- LDS-0 1654/1 7s3ffio / 7)
ACKNOWLEDGMENT
srArE oeT€'KA-scouNrYo{fM-
16.A.2.b
Packet Pg. 478 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
ACKNOWLEDGMENT
STATE OF Alabama
COUNry OF Jefferson
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 14th DAY OF
June,2016, BY Ann Hambv AS Aftornev ln Fact OF Westchester Fire lnsurance Comoanv WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED
Notary Public - State of Alabama
AS IDENTIFICATION.
(SEAL)
'Traci L.
r4-Ers{265(y7
[1s-L0s-01554/11s3600/1]
J
16.A.2.b
Packet Pg. 479 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Power of wEsrcHEsrER rIRE INsURANcE coMPANY
Attorney
Know rtl mrn by thcr! prc$rtr: That WESTCIIESTER FIRE INSUnANCE COMPANY, a corporation of thc Commonwcalth of Pcnnrylvania pursuant to thG
following Rcsolution, adoptcd by thc Board of Direoton of tha said Company on Dcccmbcr I I,2006, to wit:
d]{ad ioto th. ordinry cow of brriDu (odr r "wlilrar Corffiilfimr'): d
(t) ErcbofthoChdmra,thcPBi&r rdth.Vi6Pr6ldclEof6.CorFDylrb.rtbynrowiDdlocubE,WriilaComimgtfsudmbcltdfolfuConpsnudcrtbulo16oCmpqyor
othosis,
ruch rcdon lr edlE ird by dro imt of powm povidcd &r in ruch plrs6 sin.tlpdfinal urrdr rtoractin-hu.
tppoiilmnt, which rp.cifictho mry bl by gu.d ryp! or du otwrittm cffiiftDb or by rgoci6caim of or or om Drrdorlrr Wdtlj crmitmrll
t{cd lyIts duof Wrltta Cqr$nlud.r$r orby+oa6cdoa of ord lDra triiodlrWirll c.nrdfiata
Wri[6 Comdtm6t tr wifis epoinrnat tr dd.&lie
FITRTIEIIESOLVED,firrbohn$rrgfb.oluhndrdlmthldc.modt b!6nddwrtstEmtoftrponnadeutlrqlryofofnoon orployardothrDm.loaCbrmdqbdrlfoftlro
Cmpuy.rtd edr Rtrlditr lhdl llorllritsofiwircd?cd otcq$droof nynrdr?ovrrrruthottyorhruinulldlyiruuto vrd-
Does hercby nominaE, constitutc and appoint Ann Hamby, BEN THOMPSON, Dobbio Higginbo$rom, Jool Clnnon, Susan G (hrdner, dl of tho City of
BIRMINCHAM, Alabama, cach individually if thcre bc morc than one namcd, ats tsuc and lawful attomey-in-fact lo makc, oxccuto, scrl and deliver on its behal( and
as its rct and deed any and all bondg undcrukings, rccognizanccs, contracb and othcr writings in 0rc naarc thcreofin penaltics not oxcccding Fiftccn million dollan &
zcro ccots ($15,000,000.00) and tho oxccution ofsuch writings in purruancc ofthoo prcsonts rhall bc x birding upoar said Compony, ls fitlly andamply as iftbcy had
bcon duly exccutcd and aclcnwlcdgod fu tto rogularly elcsted ofEocrs ofthe C,ompany at it principal ofticc,
IN WITNESS WHEREOF, thc said Stcphcn M. Harrcy, Vioc-Prcsidenq has hcrcunto cubscribed his natn6 and rfrixcd thc Corporatc soal of tho ssid Wf,STCHDSTER
FIRE INSLJRANCE COMPANY this 17 day of Novombcr2015.
WESTCIIESTER FIRE INSURANCE COMPANY
rv\
$lohm M. llmy. Vir hridrnt
COMMONWEALTTI OF PENNSYLVANIA
COT NTY OF PHILADELPHIA 88.
On this 17 day of Novembar, AD. 2015 bcforc mc, a Notsry Public of the Commonwal& of Pennsylvmia in and for thc County of Philadolphia como
Stcphcn M. Hancy ,Vicc.Prasidcnt of tho WESTCHESTER FIRE INSURANCE COMPANY to mc pcrsonally known to bc thc individual and officcr who cxocutcd
thc prcccding instrumcnt, and ho ackrnwlcdgod that ho cxccutcd tho samo, 6rid that tho !e6l affixed to thc preccdirg hubumont is tho corporato rcal of said Compary;
ttnt thc said corporate scal urd his sigraturc urcrc duly nf6xed by the authority ttd dircotion ofdrc caid cqporation, and thd Rcsohsiorl sdoptcd by tho Board of
Dircctors of mid Company, rcfencd to in thc preccding instsumcnt, is mw in forcc.
IN TESTIMONY WHEREOF, I havc hcrcunto sct my hand and affixcd my ofricial scal st thc City of Philadclphia tho dly and year first abovc unittcn.
#ffi
l, thc udcrsigred Assistant Sccreury oftho WESITCHESTER I'IRE IMIITf,ANCE COMPANY, do horcby ccrtiry th.t the originrl POWER OF ATTORNEY, of
which thc forcgoing is a substantially truc and corrcct copy, is in full forcc and cfrccr.
In wi[ross whereo[, I havc hercunto subscribcd my narnc a8 A$istsnt Sccr€bry, ard afifixed tre corporate scal of the Corporation, this 14ft16y of Jr.rne, 20[6
THIS POWER OF ATTORNEY MAY NOT BE USED TO E)(ECUTE ANY BOND WITII AN INCEIION DATE AFTER November 17, 201 7,
t'r*'t*.a
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DocuGard d14546 wntains B wuw N,tto0r!p!|. btue hackgrcund, hq-ylstilve tn[ coh-nndlw wtemat-a!!!!p!fi!!]n!n! o! ry cr
16.A.2.b
Packet Pg. 480 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this Ja '' Oay of
August, 2017 between RP Oranoe Blossom Owner. 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 3.05.1 0 (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. PL20170000767 (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 $861,140.00
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 lvlanager 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 lvlanager 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
3
4
6
q
16.A.2.b
Packet Pg. 481 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
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.
SIGNED IN PRESENCE OF
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this o$ "'d ay of Ac,:Ls- , 2017.
Sign:.RP
By:
oranFTssom Owner, LLC
MK Beavans
Printed Name
,,n"V)@
Marltrf Gu.naro
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
as to form and legality:
Scott A. Stone
Assistant County Attorney
Ron Hoyl, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER , FLOzuDA
as designee ofthe Manager
pursuant to Resolution No. 20 I 5- I 62
$c1y0
16.A.2.b
Packet Pg. 482 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
6 tth6rf A
Permit number PL20170000767 is hereby added to this obligation in accordance with the
Land Development Regulations
Provided, However, that the attached bond shall be subject to all its agreements,
limitations and conditions except as herein expressly modified, and further that the liability of the
Surety under the attached bond and the attached is amended by this rider shall not be cumulative
and shall be limited in the aggregate to the penalty of the said bond.
This rider shall become effective as of the 24th day of Julv, 2017.
RP Oranse m Owner. LLC
By:
Ron J. Hoyl
Vice President
-Fact
RIDER
To be attached to and form a part of Performance Bond for Excavation Work Surety
Bond No. K09279532 dated the 3rd day of December. 2015 issued by Westchester Fire
Insurance Companv as Surety, on behalf of RP Ora4ge Blossom Owner. LLC as Principal,
in the penal sum of Five Hundred Eishteen Thousand Two Hundred Sixty Dollars and
00/100 Dollars ($518.260.00) and in favor of Collier Coun8. Florida. In consideration of the
premium charged for the attached bond, it is hereby agreed that the attached bond be amended as
follows:
G\
16.A.2.b
Packet Pg. 483 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Power of wESTCITESTER FIRE INSURANCE coMPANY
Attorney
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporalion ol'the Commonwealth ol'Pennsylvania pursuant to tlrc
lbllowing Resolution, adopted by the Board of Directors of the said Company on December I 1,2006. to wit:
entered into the ordinary ourse ofbusines (each a "Wrinen Commitmenl')
otheNse
such acton is authorircd by the granl ofpowe6 provided for rn such persons Mtlen appointmenl as such anomey'in_fact
appointment, whrch specification may be by general type or clos ofWflfien Commrlmcnls or by specrfication ofone or more panicular Wnnen Commilments.
general type or clas of Wrinen Comotmeots or by spectfication of one or more pmicular writen CommitmenN.
wnflen Commitment or vinen apporntment or delegarion.
Compuy, md such Resolution shall not hmit or otherwise aIlect the exercise of my such powet or aulhority olhetwse valrdly grilled o, v6led
(t)
(2)
(t)
(4)
(5)
Does hercby nominate, constitute and appoint Ann Hamby, BEN TIIOMPSON, Debbie Higginbotham, Joel Cannon, Susan G Gardner, all of the Cit-v of
IIIRMINGHAM, Alabama, each rndividually if there be more than one named, its true and larvful attorney-in-tact, to make, execute, seal and delivcr on its irehall. anij
zero cents ($15,000,000.00) and the execution ofsuch writings in pursuance ofthcsc presents shall be as binding upon said Company, as f'ully and arnply as i1 thel hari
been duly executed and acknowledged by thc regularly elected ollcers olthe Company at its principal otIrce,
IN WITNESS WIIEREOF, the said Stcphcn M. Haney. Vice-President. has hereunto subscribed his name and alllxed the Corporate seal olthe said !VESI'CIIES'l'lllt
I.-lRIi INS[TRANCE COMPANY this l7 day oi November 2015.
WT,ST'CII ES'I-ER !-IRE INSURANCE COMPANY
A,t**fi
Stcphcrr M llucy, Vrc ltcridcnr
COMMONWEALTH OF PENNSYI-VANIA
COIJNTY OF PHILADELPLIIA ss
On this l7 day of November, AD.2015 befbre me, a Notary Public of the Commonwealth oll)entrsylvania in and forthe County ol'l)hrladclphiacarrrt
Stephen M. Haney ,Vice-Presidcnt olthe WESTCHESTER FIRE INSt IRANCI, COMPANY to me personally known to be the individual and ot]lcer rvho cxe cuted
the preceding instrument, and he acknowledged that he executed the same, and that the seal allxed to the preccding instrument ls the corporatc seal ol'said Colpanr-
that the said corporate seal and his signalure were duly affixed by the authority and direction oithe said corporation, and that Resolution, adopted Lrt the lJoard ol'
Directors of said Company, rel'erred to tn the precedrrlg lnsl.rument, ts norv tn force
lN TESTIMONY WHEREOF, I have hereunto set my hand and afllxed my ollicial seal at the City of Philadelphia the day and year first above $ritten
I, rhe undersigned Assrstant Secrerary ol'the WESTCHES'I'ER FIRE INSURANCE COMPANY, do hereby certily that the original POWER OF A'l"IOl{Ntl\" ol"
which the loregoing is a substantially true and correcl copy, is in full fbrce and elfect.
In witness whereof, I have hereunto subscribed my name as Assistant Secretar)', and al'fixed the corporatc seal of' the Corporati<ln, this Z.thiai' l,l JUly , D17
THIS POWER OF AT-TORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AF.I-ER NOvEMbCT 17,2OI7
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16.A.2.b
Packet Pg. 484 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
EYfl6 'r A
RIDER
To be attached to and form a part of Performance Bond for Excavation Work Suretv
Bond No. K09279465 dated the 14th day of June.2016 issued by Westchester Fire
Insurance ComDany as Surety, on behalf of RP Orange Blossom Owner. LLC as Principal,
in the penal sum of Three Hundred Fortv-Two Thousand Eieht Hundred Eiehtv Dollars
and 00/100 Dollars ($342.880.00) and in favor of Collier County, Florida. In consideration of
the premium charged for the attached bond, it is hereby agreed that the attached bond be
amended as follows:
Permit number PL20170000767 is hereby added to this obligation in uccordance with the
Lon d D ev e lopment Re g ulations
Provided, However, that the attached bond shall be subject to all its agreements,
limitations and conditions except as herein expressly modified, and further that the liability of the
Surety under the attached bond and the attached is amended by this rider shall not be cumulative
and shall be limited in the aggregate to the penalty of the said bond.
This rider shall become effective as of the 24th day of Julv, 2017.
RP Orange Blossom Owner. LLC
Ron J. Hoyl
Vice President
By:
Attorney-In-Fact
a
By:
16.A.2.b
Packet Pg. 485 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)
Power of wESTCHESTER FIRE INSURANCE coMPANY
Attorney
Know all men by these presents: That WESTCHES'tEIt l'lRE INSURANCIi COMPANY, a corporatron of the Commonu'ealth ol'Pcnnsylvania ptrrsuant 10 thc
tbllowing Resolution, adopted by the Board of Directors of the said Company on December I 1,2006, to wit.
entered into the ordinary course ofbusiness (each a "Written Commitmmt"):
olherws
a$ion rs au$onad by the grmt ofpowers provtded for in such persoN Minen appointmilt as such afiomey-rn-frct
full power od authonty lo execute, for od on behalfofthe Compuy, mder the seal ofthe Compoy or o$eruise, such Wnflen Commrlments ofthe Conpuy c may be specifted tn such srrllen
appointment, which specification may be by general type or clos ofWrinen Commitmenls or by specillcalron ofone or more panicular Wrinen Commilmenls.
geoeral type or clas ofWrinen Commitmens or by sp€cification ofoie or more pmicular Wrrtlen Commitments.
wrif,en Commitment or winen appointment or deleganon
Compoy, ud such Replulion shall not llmtl or otherwisB affecl lhe exerclse oiuy such power or au$ority otherwise validly Sreted or vesled
(t)
(2)
(l)
(4)
(5)
Each
such
Does hereby nominate, constitute and appoint Ann tlamby, BEN TIIOMPSON, Debbie Higginbotham, Jocl Cannon, Susan G Gardner, all of the Ciry* of
BIRMINGHAM, Alabama, each rndividually if there be more than one named, its true and lawl'ul attorney-in-t-act, to make, exccute. seal and deliver on its behall- rl)ri
as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereofin penalties not exceedrng Frfteen millron dollars &
zero cents (S I 5,000,000.00) and the execution oi such writings in pursuance of these presents shall be as binding upon sard Company, as f'ully and ampl.v- as il thcv had
been duly executed and acknowledged by the regularly elected officers ofthe Company at its principal ofiice,
INWI'fNh.SSWflEREOF,thesaidStephenM llaney,Vice-President,hashereuntosubscribedhisnameandatllxedtheCorporateseal olthesaidW[S1'(]llUS'l El'l
IrIRE INS.IRANCE ..MPANY this I 7 dav of Novernber 20I t
*ESTCIIESTTR FIRIT TNSTJRANCE coMpAN)'
ItF'--
St+phcn M llnry. Vicr lttridcnt
COMMONWIjAL]'TI OF PENNSYLVANIA
COUN'IY OF PtIILADELPHIA ss
On this l7 d1y of November, AD. 2015 belore me, a Notary Public of the Commonrvealth of Pennsylvania rn and lbr the Count-Y ol'Philadclphia came
Stephen M Haney ,Vice-president of the WESTCHESTER FIRE INSTIRANCE COMPANY to rne personally known to be the rndividual and oflcer who e)iectrlc(i
the preceding rnsirument, and he acknowledged that he executed the same, and that the seal allixed to the preceding instrument is the corporate seal ofsaid Contpanr .
that the sardiorporate seal and his signature were duly alfixed by the authority and direction ofthe said corporatlon, and that Resolution, adopted by the Board ol'
Directors of said Company, refened to tn the prcccding instrument, is now in fbrcc
IN 'lEs-llMONY WHEREOF', I have hereunto set my hand and alfrxed my official seal at the City of Philadelphia the day and year llrst above writlen
+
9ar
t *,e
I, the undersigned Assistant Secretary of the WESTCHES'IER FIRE INSURANCE COMPANY, do hereby certi8/ that the original POWER O[ A i'lOIINl:Y ot
which the foregoing is a substantrally true and correct copy, is rn full force and ef'f'ect.
ln rvrtness whereot, I have hereunto subscribed my name as Asststant Secretary, and allixed the corporate seal 01'the Corporation, thie4thlay oi 7
/"
L. Kcliy,
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY I]OND WI'I'H AN INCEPTION DATE AIT|ER NOVCMbCT 11,2017
,ta'
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DocuGard {04546 contains a security pantograph, blue backgr1und, heat-sensitive ifik, coin-reactive wathffiark, and micr\brt printing on border.
M
/rr<.,y e.rur.
16.A.2.b
Packet Pg. 486 Attachment: Bond Basis (23057 : Excavation Bond Release for Orange Blossom Ranch - Commercial)