Agenda 06/27/2023 Item #16A11 (Clerk of Courts to release a Performance Bond for Excavation Permit for work associated with Kaicasa)16.A.11
06/27/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $140,960
which was posted as a guarantee for Excavation Permit Number PL20190000063 for work associated with
Kaicasa.
OBJECTIVE: To have the Board of County Commissioners (Board) authorize the Clerk of Courts to release the
security that was posted as a development guarantee for PL20190000063.
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 Kaicasa. The As -Built lake cross sections have been received and the lakes were inspected on May
16, 2023, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed, Bond Number 0811249.
GROWTH MANAGEMENT IMPACT: No growth management impact is 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
$140,960. 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
06/27/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doe ID: 25635
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $140,960 which was posted as a guaranty for Excavation Permit Number PL20190000063 for work associated
with Kaicasa.
Meeting Date: 06/27/2023
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
05/22/2023 2:50 PM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
05/22/2023 2:50 PM
Approved By:
Review:
Operations & Regulatory Management Michael Stark Additional Reviewer
Growth Management and Community Development Department Diane Lynch
Development Review Brett Rosenblum Additional Reviewer
Transportation Management Operations Support Evelyn Trimino
Growth Management and Community Development Department Jaime Cook
Engineering & Natural Resources Diane Lynch Additional Reviewer
Growth Management and Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 05/23/2023 5:00 PM
Growth Management DepartmentCompleted
05/24/2023 5:22 PM
Completed 05/25/2023 7:36 AM
Additional Reviewer Completed
05/30/2023 1:18 PM
Division Director Completed
06/01 /2023 9:18 AM
Skipped 06/02/2023 5:31 PM
Growth Management Completed
06/06/2023 11:58 AM
Completed 06/11/2023 10:55 PM
Completed 06/12/2023 1:02 PM
Completed 06/14/2023 10:57 AM
Completed 06/16/2023 10:01 AM
Completed 06/16/2023 12:24 PM
06/27/2023 9:00 AM
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KAICASA
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LOCATIO
LOCATION MAP
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16.A.11.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
November, 2021 between Habitat for Humanity of Collier County. 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. PL20190000063 (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
$140,960.00,
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
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 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.
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this I �-_ day of _: 2021.
SIGNED IN THE PRESENCE OF:
Sign: i H bit rlumanity of Collier County, Inc
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Sign: Lisa Lefkow, CEO '
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Printed Name L-01 L I L-
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Crystal K. Kinzel, CLERK By.
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
dip ovecls to for nd legality:
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Derek D. Perry ,
Assistant County Attorney
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EXHIBIT "A" BOND NUMBER: 0811249
16.A.11.b
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
11145 Tam iami Trail East
Naples, FL 34113
(hereinafter referred to as "Owner") and
HARCO NATIONAL INSURANCE COMPANY
4200 SIX FORKS ROAD, SUITE 1400
RALEIGH, NC 27609
(239) 403-6755
(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 one hundred forty thousand nine hundred sixty Dollars
($140,960.00)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. PL20190000063 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 12TH day of November, 2021.
WITNESSES -
Pr inted Name:
rinted Name:
H Habitat f umanity of Collier County, Inc.
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Lisa �,efkow, CEO
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BOND NUMBER: 0811249
16.A.11.b
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
,TH,E FOREGOING PERFORMANCE BOND WAS ACKNOWLEDel
D BEFORE ME BY MEANS OF
NJ PHYSICAL PRESENCE OR ®ILINE NOTARIZATION THIS DAY OF NOVEMBER. 2021, BY
I A LEFKOW, AS CEO OF HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF AS IDENTIFICATION.
Notary Public - State of L'
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WITNESSES:
Taylor Edwards
Doris Wiggins
STATE OF FLORIDA
COUNTY OF COLLIER
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ACKNOWLEDGMENT
THFiFOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
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20',711 , BY CHARITY A. MOSER AS ATTORNEY -IN -FACT OF HARCO NATIONAL INSURANCE
COMPANY WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF AS
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POWER OF ATTORNEY
Bond # 0811249 16.A.11.b
t��ryt1TY l,�JG STATE OF NEW JERSEY STATE OF ILLINOIS
pt�40R9! �s County of Essex County of Cook
SEAL `"m
1904
d JE > Kenneth Chapman
Executive Vice President, Harco National Insurance Company
and International Fidelity Insurance Company
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and
appoint
DOUGLAS E. BAIRD, CHARITY A. MOSER
Naples, FL
their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018.
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond, undertaking. recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same
force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2020
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On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
k I F' 1 ,"IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,
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CERTIFICATION
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the
whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day. November 12, 2021
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Irene Martins, Assistant Secre
11/22/21, 7:06 AM Detail by Entity Name 16.A.11.b
DIVISION OF CORPORATIONS
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Detail by Entity Name
Florida Not For Profit Corporation
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Filing Information
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Document Number 742136
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FEIlEIN Number 59-1834379
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Date Filed 03/20/1978
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State FL
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Status ACTIVE
Last Event AMENDMENT
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Event Date Filed 11/05/1999
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Event Effective Date NONE
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Principal Address
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11145 TAM IAMI TRAL EAST
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NAPLES, FL 34113
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Changed: 03/09/2005
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Mailing Address
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11145 TAM IAMI TRAL EAST
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NAPLES, FL 34113
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Changed: 03/09/2005
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Registered Agent Name & Address
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Cunningham, John
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841 Partridge Ct Q
MARCO ISLAND, FL 34145
Name Changed: 02/03/2017
Address Changed: 02/03/2017
OfficerlDirector Detail
Name & Address
Title Treasurer
MUELLER, MICHAEL
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11122121,
7:06 AM Detail by Entity Name
1109 STRAWBERRY COURT
MARCO ISLAND, FL 34145
Title Chairman of the Board
CUNNINGHAM, JOHN W
841 PARTRIDGE CT
MARCO ISLAND, FL 34145
Title CEO
LEFKOW, LISA REV.
1490 NOTTINGHAM DR
NAPLES, FL 34109
Title President
KOULOHERAS, NICK
6130 CYPRESS HOLLOW WAY
NAPLES, FL 34109
Title Secretary
Pash, David
3776 Baldwin Ln
Naples, FL 34116
Title CFO
Kacos, Dean
8524 Sevilla Ct
Naples, FL 34114
Annual Reports
Report Year Filed Date
2019 04/01 /2019
2020 04/27/2020
2021 01/26/2021
Document Images
01/2612021 --ANNUAL REPORT View image in PDF format
04,27i2020 — ANNUAL REPORT View image in PDF format
0410112Q19 - ANNUAL REPORT View image in PDF format
0312912018 — ANNUAL REPORT View image in PDF format
08/29/2017 —AMENDED ANNUAL REPORT View image in PDF format
U2J0312017 -- ANNUAL REPORT View image in PDF format l
02/01/2016 — ANNUAL REPORT View image in PDF format
01/12/2015 — ANNUAL REPORT View image in PDF format
03/25/2014 — ANNUAL REPORT View image in PDF format
16.A.11.b
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