Agenda 05/09/2023 Item #16A 8 (Permormance Bond for an excavation permit - Tamarindo )16.A.8
05/09/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $539,200
which was posted as a guarantee for Excavation Permit Number PL20200000810 for work associated with
Tamarindo.
OBJECTIVE: To release a security that 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 Tamarindo. The As -Built lake cross sections have been received and the lakes were inspected on
March 21, 2023, 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 a Performance Bond in the amount of
$539,200 which was posted as a guarantee for Excavation Permit Number PL20200000810 for work associated
with Tamarindo. 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.8
05/09/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 25046
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $539,200 which was posted as a guarantee for Excavation Permit Number PL20200000810 for work associated
with Tamarindo.
Meeting Date: 05/09/2023
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
03/22/2023 2:20 PM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
03/22/2023 2:20 PM
Approved By:
Review:
Growth Management and Community Development Department Diane Lynch
Engineering & Natural Resources Jack McKenna Additional Reviewer
Transportation Management Operations Support Evelyn Trimino
Operations & Regulatory Management Michael Stark Additional Reviewer
Development Review Brett Rosenblum Additional Reviewer
Growth Management and Community Development Department Jaime Cook
Growth Management and Community Development Department James C French
County Attorney's Office Derek D. Perry Level 2 Attorney Review
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
Corporate Compliance and Continuous Improvement Megan Gaillard
Office of Management and Budget
County Attorney's Office
County Manager's Office
County Manager's Office
Board of County Commissioners
Laura Zautcke Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn CMO Completed
Geoffrey Willig Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Growth Management DepartmentCompleted
03/23/2023 6:12 PM
Completed 03/24/2023 3:02 PM
Additional Reviewer Completed
03/28/2023 8:54 AM
Completed 03/28/2023 10:43 AM
Completed 03/28/2023 11:17 AM
Division Director Completed
04/11/2023 1:03 PM
Growth Management Completed
04/11/2023 5:15 PM
Completed 04/24/2023 2:59 PM
Completed 04/24/2023 3:05 PM
Additional Reviewer Completed
04/24/2023 5:25 PM
Completed 04/27/2023 10:31 AM
Completed 04/28/2023 9:48 AM
04/30/2023 6:27 PM
Completed 05/01/2023 9:19 AM
05/09/2023 9:00 AM
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16.A.8.a
TAMARINDO
SABAL PALM RD
LOCATION MAP
a
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16.A.8. b
EXCAVATION PERFORMANCE AGREEMENT
16th
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
0e¢ - , 2020 between Forestar (USA) Real Estate Group 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. PL20200000810 (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').
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $539,200.00.
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 Q
security to insure satisfactory completion of the Excavation Work.
4. The Excavation Work shall not be considered complete until Developer notifies the U)
County that the Excavation Work is complete, and the final Excavation Work is m
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations. C
m
5. The County Manager or designee shall, within sixty (60) days of receipt of =
a�
notification by Developer in writing that the Excavation Work is complete, either: a) E
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 a
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 performance
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16.A.8.b
7
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 Developer have caused this Agreement to be
executed by their duly authorized representatives this I tP day of October, 2020.
SIGNED IN THE PRESENCE OF:
Sign: ? 7?ab 1�0 vt ,
s 00 1-
Printed Name
Sign:,.,,,
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
A oved as. to form andegality:
96Y-e-k D. erry
Assistant County Attorney
For tar Y: Real Estate Group Inc.
By:
i
Anthony SgAeri
Division President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLQPA
By: iC4-
`' H4e, 70, 11
as designee of the County Manager
pursuant to Resolution No. 2015-162
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16.A.8. b
Forestar (USA) Real Estate Group Inc.
Certificate of Assistant Secretary
I, Matthew S. Stark, hereby certify that I am the duly elected, qualified, and acting
Assistant Secretary of Forestar (USA) Real Estate Group Inc., a Delaware corporation
(the "Corporation"), and that, as such, I have access to its corporate records and am
familiar with the matters herein certified, and I am authorized to execute and deliver this
Certificate in the name and on behalf of the Corporation. I hereby certify as follows-
1 . Corporate Resolution Authorizing Officers. Attached as Exhibit A is a true
and correct copy of the corporate resolutions duly adopted by the Board of Directors of
the Corporation as of January 23, 2020, authorizing certain officers of the Corporation to
execute and deliver any and all documents and agreements necessary for the
Corporation to conduct real estate transactions, and such resolution has not been
revoked, modified, amended, or rescinded and is still in full force and effect as of the date
hereof.
2. Signing Authority. The following individuals, on the date hereof, are duly
elected, qualified, and acting officers of the Corporation holding the office set forth
opposite their name, with authority to execute for the Corporation the documents that
have been executed by them to otherwise act for, and on behalf of, the Corporation:
Name Title
Anthony J. Squitieri Vice President — Real Estate Investments & Development
IN WITNESS WHEREOF, I have executed this certificate as of this 25th day of N
September, 2020. Mn N
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Forestar (USA) Real Estate Group Inc.
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By:
Matthe S. Stark, Assistant Secretary
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16.A.8. b
Exhibit A
Resolutions Pertaining to Signing Authority
Adopted by the Board of Directors of
Forestar (USA) Real Estate Group Inc.
January 23, 2020
GENERAL AUTHORITY
RESOLVED, that the duly elected officers of the Corporation are hereby authorized and
empowered acting alone and for and on behalf of the Corporation, to execute contracts,
agreements and other documents reasonable or necessary to the operation of the business of
the Corporation either on behalf of the Corporation or of any entity in which the Corporation is an c
owner, partner, manager, member or other investor with management authority, including without =
limitation, deposit agreements, indemnification agreements, and agreements for electronic and
wire transfers. £
AUTHORITY FOR REAL ESTATE TRANSACTIONS
RESOLVED, that the duly elected officers of the Corporation are hereby authorized and
empowered acting alone and for and on behalf of the Corporation, to execute documents on
behalf of the Corporation described here as follows:
1. Contracts to acquire or sell property, contracts or agreements for
development services or supplies for the development of the property of the Corporation
or to evaluate a property for possible acquisition by the Corporation, concerning property
of the Corporation wherever located;
2. Plats, easement dedications and similar documents which are executed in
the ordinary course of the development of property owned by the Corporation or a joint
venture, limited liability company, partnership or other entity in which the Corporation is
an owner, partner, manager, member or other investor with management authority;
3. Deeds of sale of platted lots and tracts of unplatted property out of projects
of the Corporation wherever located, and deeds for the sale of land wherever located;
4. Joint venture, limited liability company, and partnership agreements for
development of projects in which the Corporation is an owner, partner, manager, member
or other investor;
5. Contracts or agreements for management, renovation and repair services
or supplies for the operation of the property of the Corporation or joint ventures,
partnerships or other entities in which it is an owner, partner, manager, member or other
investor with management authority;
6, Other documents reasonable or necessary to real estate purchase, sale
and development activities, including but not limited to contracts for the purchase and sale
of assets, contracts for services, deeds, bills of sale, affidavits, settlement statements,
mortgages, assignments, leases, either on behalf of the Corporation or of any entity in
which the Corporation is an owner, partner, manager, member or other investor with
management authority.
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16.A.8. b
Bond No. US00102080SU20A
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Forestar (USA) Real Estate Group, Inc.
2221 E Lamar Blvd, Suite 790, Arlington, TX 76006
(hereinafter referred to as "Owner") and
XL Specialty Insurance Company
70 Seaview Avenue, Stamford. CT 06902 (203) 964-5200
(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 five hundred thirty-nine thousand two hundred Dollars
($539,200.00) 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. PL20200000810 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 WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 30th day of September, 2020.
WITNESSES: Forestar (USA) Real Estate Group, Inc.
Printed Name XL Specially Insurance Company
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PrintedfVame/Titl oshu _ �yfct
Bryan M C4Peschi )�'7(Provide Propa idenceof:A,e
Printed Name V�
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I15-LDS-01664/1153600/1] i;e
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16.A.8.b
ACKNOWLEDGEMENT
STATE OF Connecticut
COUNTY OF Hartford
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
® PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 30thDAY OF September 2020
BY Joshua Sanford AS Attorney -In -Fact OF XL Specialty Insurance Company WHO IS PERSONALLY
KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION.
Notary blic - State of Connecticut
Print] ame Brendan Fletcher
WITNESSES:
.dac aline R. Susco
Pri ted Name
Bryan
Printed Name
STATE OF 01��
COUNTY OF LyY5j� C
BRENDAN FLETCHER
NOT.4Rf'PUBLIC- CT 180835,SEAL)
My Commission Expfres Feb. 28, 2020
XL Specialty Insurance Company
AeT
Printed Name/Title Joshua Sa
(Provide Proper Evidence of A
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
UPHYSICAL PRESENCE OR ❑ ONLINE NOTA�IZATION FEI'
S DAY OF C ' 20
yyt„
BYt .AS���L OF" Q( WHO IS PERSONALLY
,KNOWN TO ME, OR HAS PRODUCED r AS IN IFlCATI
Notary Public - State of
(SEAL)
Q R I -r r: MY COMMISSION # GG 364865
Printed Name rJr� � lid kA-"- to EXPIRES: August 12 2023
Bonded Thru Notary fubk Undennitem
14-F.IS-02650
115-LDS -016 64/ 115 3 6 00 / 11
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16.A.8. b
Power of
Company THIS IS NOT A BOND NUMBER
XL Specialty Insurance Company
XL Reinsurance America Inc. LIMITED POWER OF ATTORNEY
XL 1609524
KNOW ALL MEN BY THESE PRESENTS: That XL Specialty Insurance Company, a Delaware insurance companies with offices located at 505
Eagleview Blvd., Exton, PA 19341, and XL Reinsurance America Inc., a New York insurance company with offices located at 70 Seaview
Avenue, Stamford, CT 06902, , do hereby nominate, constitute, and appoint:
Joshua .Sanford, Michelle Anne McMahwiy Aimee Pervndine, Nicholas Turecamo, Danielle D. Johnson
each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and
deed, where required, any and all bonds and undertakings in the nature thereof, , for the penal sum of no one of which is in any event to
exceed $100,000,000.00.
Such bonds and undertakings, when duly executed by the aforesaid Attorney (s) - In - Fact shall be binding upon each said Company as
fully and to the same extent as if such bonds and undertakings were signed try the President and Secretary of the Company and seated
with its corporate seal.
The Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of each of tyre Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boat and Kevin Mirsch are hereby appointed by the Board as authorized
to make, execute, seat and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or
co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the executon of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal
of the Company.
RESOLVED, FURTHER, that Gary Kaplan, Daniel Riordan, Maria DuhaM Gregory Boal and Kevin Mirsch each is hereby authorized to execute
powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and
undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of
them is hereby authorized to attest the execution of arty such power of attorney, and to attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be
affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing
such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking,
contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these
presents to be signed by its duly authorized officers this April 23rd, 2020.
XL SPECIALTY INSURANCE COMPANY
sya H,,,oudrreu.,a.,yaµ
PO Fs
O T'•.Cy .
G. ~ Gregory Boal, VICE PRESIDENT
STATE Of SYLVANIA
Ate'
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COUNTY OFF CH [RESTER
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Kevin M. Mirsch, ASSISTANT SECRETARY
_. On this 23:d-may -of April,
2020, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say:
- that me i-. ice.--Pr�esident
of XL SPECIALTY INSURANCE COMPANY, described in and which
executed the above instrument; that he
_ _ �(rnorr; she ^e4sroi said
Companies; that the seals affixed to the aforesaid instrument is such corporate seals and were affixed
-- _ Z_' tYl�eto r+ q10Q�art? authority of the Boards of Directors of said Companies; and that
he executed the said instrument by like
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COMMONWEALTH OF PENNSYLVANIA
-
NOTARIAL SEAL
Lebecca C. Shalhoub, Notary Public
Uwchlan T sup., Gh�'a r County
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COfRthl�flon Expires April 2S. 2020Rebecca
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etrBE d.Ni'i�Yl ANtA A ila'ic�IN
C. Shalhoub, NOTARY PUBLIC
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16.A.8. b
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
1, Kevin M. Mirsch, Assistant Secretary of XL SPECIALTY INSURANCE COMPANY, a corporation of the State of Delaware, do hereby certify
that the above and forgoing is a full, true and correct copy of a Power of Attorney issued by said Companies, and that I have compared
same with the original and that it is a Correct transcript therefrom and of the whole of the original and that the said Power of Attorney is
still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seat of said Corporation, at the City of Exton, this '', day of
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IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC.
signed by its duly authorized officers this 23rd day of April, 2020.
A
YOB
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
Kevin M. Mirsch, ASSISTANT SECRETARY
has caused its corporate seal to be hereunto affixed, and these presents to be
XL REINSURANCE AMERICA INC.
by
// Gregory Bwl, VICE PRESIDENT
Attu:
Kevin M. Mirsch, ASSISTANT SECRETARY
On this 23rd day of April, 2020, before me personally came Gregory Boal to me known, who, being duly sworn, did depose and say: that
he is Vice President of XL REINSURANCE AMERICA INC, described in and which executed the above instrument; that he knows the seal of
said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority
of the Board of Directors of said Corporation, and that he executed the said instrument by like order.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL_
_ Y " - Rebecca C. Shalhoub, Notary Public
= - Uwchlan Twp., Chaster Counly
_- My Commission Expires April 26, 2020 Rebecca C- Shalhoub, NOTARY PUBLIC
:.'c1A8cR. _NUPLVAN'A Ai Cl4'ION N A 'E$
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STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL REINSURANCE AMERICA INC" a corporation
of the State of New York, do hereby certify that
the person who executed this Power of Attorney, with the rights, respectively of XL
REINSURANCE AMERICA INC., do hereby certify that
the above and forgoing is a full, true and correct copy of a Power of Attorney issued
by said Corporation, and that I have compared same
With the original and that it is a correct transcript therefrom and of the whole original and that the said Power of Attorney is Still in , ful4.fgroe
and effect and has not been revoked.
V. ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
Corporation, at the City of Extq�,e�.b�. ,.3ay
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Kevin M. Mirsch, ASSISTANT
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This Power of Attorney may not be used to execute any bond with an Inception date
4/23/2025 12:00:OOAM
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THIS DOCUMENT IS PRINTED ON A BLUE BACKGROUND
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