Agenda 01/10/2023 Item #16A11 (To release security which was posted as a development guarantee)16.A.11
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000
which was posted as a guarantee for Excavation Permit Number PL20220000677 for work associated with
Batch Plant Replacement.
OBJECTIVE: To release security which was posted as a development guarantee.
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 Plant Batch Replacement. The As -Built lake cross sections have been received and the lake was
inspected on November 15, 2022, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work
is performed.
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
$25,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by
the Board of County Commissioners, advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.11
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doe ID: 24021
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $25,000 which was posted as a guarantee for Excavation Permit Number PL20220000677 for work associated
with Batch Plant Replacement.
Meeting Date: 01/10/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
11/29/2022 3:41 PM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
11/29/2022 3:41 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Development Review
Brett Rosenblum
Growth Management Department
Diane Lynch
Growth Management Department
Growth Management Department
Jaime Cook
Division Director
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 Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
11/29/2022 4:06 PM
Completed 12/02/2022 10:14 AM
Additional Reviewer Completed
12/05/2022 11:03 AM
Completed 12/08/2022 3:18 PM
Completed 12/09/2022 8:19 AM
Completed 12/09/2022 7:17 PM
Completed 12/27/2022 10:28 AM
Completed 12/27/2022 10:54 AM
Completed 12/28/2022 9:00 AM
Completed 12/28/2022 9:29 AM
Completed 12/28/2022 9:42 AM
01/10/2023 9:00 AM
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16.A.11.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 29th day of
March, 2022 between Preferred Materials Inc. 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 Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20220000677 (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 $25,000.00.
3. In 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 x
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security to insure satisfactory completion of the Excavation Work.
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4. The Excavation Work shall not be considered complete until Developer notifies N
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 n
with the Excavation Regulations. m
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 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
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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 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 Developegave cau ed this Agreement to be
executed by their duly authorized representatives this - day of h.'j 2022.
SIGNED IN THE PRESENCE OF:
Printed Name
S4; e- 141'.; '-�'
Sign: j��
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Op rove as OorQnd legality:
erek D. Perry
Assistant County Attorney
(Pr ferred Materials I
By:
David Cerniglia, Vice President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: _
Jai e Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
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EXHIBIT "A"
Excavatlex Performance Security
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-Bond O o . 3 , )1/ -, j7 EXHIBIT "A"
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
(Preferred Materials Inc)
(4636 Scarborough Drive, Lutz, FL 33559)
(hereinafter referred to as "Owner") and
(SureTec Insurance Company)
(2103 City West Blvd, Suite 1300, Houston, TX 77042)
(713) 812-0800
(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 Twenty Five ThousandDollars Dollars ($25.000.00)
in lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. PL20220000677 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 faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any default, then this obligation shall be void, 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 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.
IN WIRESS WHEREOF thLe parties hereto have caused this PERFORMANCE BOND to be executed
this _2 day of F-/ _�C � L ..?o.=.:2
WITNESSES:
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Printed Na 7 A
Printed Name
(Preferred Materials Inc.)
By: S
David Cerniglia
Vice President
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[15-LDS-01664/1153600/1]
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16.A.11.b
ACKNOWLEDGEMENT
STATE OF
COUNTY OF (_,P..r
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED B�FORE ME BY MEANS OF
Q PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS �� DAY OF y
20_7.)- , BY (David Cerniglia) AS (Vice President) OF (Preferred Materials Inc) WHO IS,P RSONALLY
KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - State of _ I d
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Printed Name
WITNESSES:
% e- �r)
Printed Name
r • n u r—nu a/L
Printed Name
STATE OF J=/c d,4
COUNTY OF
THERESA HOFFMAN
:Notary Public -State of Florida
Commission # GG 296202 (SEAL)
=•44 �P' My Commission Expires
March 03, 2023
(Surety Name and Title if Corporation)
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Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS _� r" DAY OF
20 BY (NAME OF .A, S N ,WLEC�GF� AS (TITLE) OF (NAME OF COMPAN WHO IS
PERSONALLY KNOWN TO ME, - HAS)PF�ObUCED ',,�y r' A8IC-ENTIFICATION.
Notary Public - State of—r-,,��
Ptft-TlVame
14-EIS-02650/7
XNotary Public State of Floritla
Natalie C Demers (SEAL)
My Commission GG 321169
Expires 07/30/2023
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[15-LDS-01664/1153600/1]
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pa4, a: 910112 - Sanford
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Laura D. Mosholder, Don Bramlage
its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for, providing the bond penalty does not exceed
One Million and 001100 Dollars ($1,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the
premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec
Insurance Company:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Pact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this stn day of swe-be, A.D. 2020 .
SURETEC INSURANCE COMPANY
w; X -1 ' By:
w i : a' Michael C. Keimig, President
State of Texas ss:
County of Harris * ��
On this sth day of swtt t , A.D. 2c20 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn. did depose and say,
that he resides in Houston, Texas, that he is President of SURFTFC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
TANYA SNEED
•° ` �? NOWY Pudic, start at llltr
Cann. EO W40,2M
' ' * N tery ID 128571231
Tanya Sneed, Not Public
My commission exp es March 30, 2023
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCF COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force aad effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.%
Given under my hand and the seal of said Company at Hausitdnr ex is 5th day of Aril 2022 , A.D.
M. Brent Beaty, Assistan a etary
Any instrument issued in excess of the penalty stated aboveis tatatty:44id attd1%#*hout any validity. 910112
For verification of the authority of this power you may eat! (713).412-0800 ante buflness day between 8:30 am and 5:00 pm CST.
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EXHIBIT "B"
Signing Authority
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ACTION BY WRITTEN CONSENT
IN LIEU OF AN ANNUAL MEETING OF
THE BOARD OF DIRECTORS
OF
PREFERRED MATERIALS, INC.
The undersigned, being all of the members of the Board of Directors of Preferred
Materials, Inc., a Georgia corporation (the "Corporation"), do hereby, pursuant to applicable
Georgia statute, give this written consent (a) to the dispensation of an annual meeting of the
Board of Directors of the Corporation and (b) to the taking of the following actions, such actions
to have the same force and effect had a meeting been duly called and held:
I. ELECTION OF OFFICERS
RESOLVED, that effective August 29, 2018 all previous elections of officers are
terminated, and the following persons be, and hereby are, elected to serve as officers of the
Corporation (each individually, an "Officer" and collectively, the "Ofcers l in the capacities
set forth opposite their respective names until such time as their successors shall be elected and
qualified:
Robert F. Duke
Chief Executive Officer
Earl Losier
President
John Rothering
Secretary & Treasurer
Brian Morton
Vice President & Assistant Secretary
Darryl W. Fales
Vice President & Assistant Secretary
Gary Yelvington
Vice President & Assistant Secretary
John R. Hooper
Vice President & Assistant Secretary
John W. Taylor
Vice President & Assistant Secretary
Joseph Apple
Vice President & Assistant Secretary
Kenneth C. Laing
Vice President & Assistant Secretary
Lothar Alomia
Vice President & Assistant Secretary
Mark S. Marine
Vice President & Assistant Secretary
Michael Iapaluccio
Vice President & Assistant Secretary
Nicholas B. Wear
Vice President & Assistant Secretary
Robert B. Royal
Vice President & Assistant Secretary
Robert Spillman
Vice President & Assistant Secretary
Travis Raitt
Vice President & Assistant Secretary
William B. Miller
Admin. Vice President and Assistant Secretary
FURTHER RESOLVED, that the Officers be, and each of them hereby is, authorized to
execute and deliver agreements, contracts, documents, certificates, and other instruments, under
the seal of the Corporation if required, for the purpose of conducting the Corporation's business,
including without limitation, selling products and securing construction work, and to take such
other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and
fully perform duties incident to the office or offices so appointed, and such other duties as may
be prescribed by the Board of Directors from time to time;
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FURTHER RESOLVED, that the following persons are hereby designated Officers
solely for the purpose of attesting signatures of other Officers signing on behalf of the
Corporation, and for executing and attesting various corporate documents, tax returns, affidavits,
and other instruments as may be necessary from time to time:
Angelica Espinal
Assistant
Secretary & Assistant
Treasurer
Bethany Casimir
Assistant
Secretary & Assistant
Treasurer
Carmen Sutton
Assistant
Secretary & Assistant
Treasurer
Elizabeth Stafford
Assistant
Secretary & Assistant
Treasurer
Jacob Duckett
Assistant
Secretary & Assistant
Treasurer
Sara Brawner
Assistant
Secretary & Assistant
Treasurer
Tracey Kinney
Assistant
Secretary & Assistant
Treasurer
Vashti Moore
Assistant
Secretary & Assistant
Treasurer
Amber Vickrey
Assistant
Secretary
Ashley Turner
Assistant
Secretary
Carmen Hess
Assistant
Secretary
Cheryl Kitzis
Assistant
Secretary
David C. Lewis
Assistant
Secretary
David M. Toolan
Assistant
Secretary
Debbie Rios
Assistant
Secretary
Gary P. Hickman
Assistant
Secretary
John Risoen
Assistant
Secretary
Marizabed Perez
Assistant
Secretary
Michael F. Deaton
Assistant
Secretary
Michael G. O'Driscoll
Assistant
Secretary
Pamela M. Sahr
Assistant
Secretary
Rick Jarvis
Assistant
Secretary
Steven Wilson
Assistant
Secretary
Sylvia Rocek
Assistant
Secretary
Tamara A. Albright
Assistant
Secretary
William P. Jones
Assistant
Secretary
II. APPOINTMENT OF AUTHORIZED EMPLOYEES
RESOLVED, that effective August 29, 2018 all previous appointments of authorized
employees are terminated, and that the following persons be and each of them hereby is
appointed to serve as an authorized employee of the Corporation, which persons shall be
authorized to execute and deliver such agreements, contracts, documents, certificates and other
instruments, under the seal of the Corporation if required, for the purpose of conducting the
Corporation's business including, without limitation, selling products and securing construction
work:
Angelia McElroy
Bobbie Reilly
Carl J. Thompson
Jon Stebick
Kenneth Dalton
Kevin Williams
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Chad Schindette
Charles Blinne
David Cerniglia
G. Michael Johnson
Jacob Unger
Jason Johns
Jeffrey R. Andrews
Jennifer K. Edwards
Jeremy Minnillo
John Rauschenbach
Joe Liakos
Joseph F. Donaruma
Joshua Martin
Lawrence Trace Martell
Michael Vickrey
Patrick Read
Rick Shuman
Shane Taylor
Shirley Perry
Sylvia Battiato
Ted Kaler
Tony DiPietro
W. Charles Molloy
William Evans
William Sullivan
FURTHER RESOLVED, that the President of the Corporation may, from time to
time, without further action by the Board of Directors, appoint other persons to serve as
authorized employees, or remove any individuals from this capacity, and to direct those
appointed to take such action, as he may deem necessary, advisable, convenient or
appropriate to carry out and fully perform the duties incident to the office of President.
III. AUTHORIZATION OF TRADE NAMES
RESOLVED, that the activities and operations of the Corporation may be carried on in
any of the following manners or styles as may from time -to -time be deemed necessary or
appropriate:
Conrad Yelvington Distributors
FURTHER RESOLVED, that the President of the Corporation may, from time to
time, without further action by the Board of Directors, authorize the use of additional trade
names, and to deem unauthorized any trade name previously authorized, as he may deem
necessary, advisable, convenient or appropriate.
IV. MISCELLANEOUS
RESOLVED, that all actions previously taken by any Officer of the Corporation
appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted,
ratified, confirmed and approved in all respects as the authorized acts and deeds of the
Corporation;
FURTHER RESOLVED, that each undersigned agrees that electronic signatures,
whether digital or encrypted, of the Board of Directors are intended to authenticate this consent
and to have the same force and effect as manual signatures. As used in the previous sentence,
the term "electronic signatures" means any electronic sound, symbol or process attached to or
logically associated with this consent and executed and adopted by a member of the Board of
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Directors with the intent to sign such consent, including, but not limited to, e-mail electronic
signatures executed through Adobe® eSign Services; and
FURTHER RESOLVED, that this Consent, following execution by all of the members
of the Board of Directors, be filed in appropriate order in the minute book of the Corporation.
Signature:
Email: rob.duke@preferredmaterials.com
Signature:
Email: john.keating@na.crh.com
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