Agenda 09/12/2023 Item #16A 9 (Release performance bond for Maple Ridge at Ava Maria 7A)09/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond of $144,735.60, which was
posted as a guarantee for Excavation Permit Number PL20210000486 for work associated with Maple Ridge
at Ave Maria 7A.
OBJECTIVE: To release 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 Maple Ridge at Ave Maria 7A. The As-Built lake cross sections were received and inspected on
July 26, 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: 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 for $144,735.60.
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)
16.A.9
Packet Pg. 366
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 26237
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $144,735.60 which was posted as a guaranty for Excavation Permit Number PL20210000486 for work
associated with Maple Ridge at Ave Maria 7A.
Meeting Date: 09/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
07/31/2023 11:08 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
07/31/2023 11:08 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 07/31/2023 3:50 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/01/2023 1:20 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/04/2023 3:51 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
08/08/2023 8:24 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/09/2023 3:31 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
08/10/2023 9:30 AM
Growth Management Community Development Department James C French Growth Management Completed
08/22/2023 4:40 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/24/2023 10:09 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2023 10:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2023 8:14 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2023 4:27 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2023 2:03 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.A.9
Packet Pg. 367
MAPLE RIDGE AT AVE MARIA 7A
LOCATION MAP
16.A.9.a
Packet Pg. 368 Attachment: Location Map (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 22nd day
of April. 202'l between CC Ave Maria 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 a/- 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. PL20210000486 (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 hereo0 in the amount of $144,735.60.
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 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 lvlanager'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 Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
1
3
4
6
16.A.9.b
Packet Pg. 369 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
7
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.
Brain Goguen, Vice sident
lN WITNESS WHEREOF, the Board and Develope[ have caused this Agreement to be
executed by their duly authorized representatives lhis 72Gt day ol April,2O21.
SIGNED lN THE PRESENCE OF: CC Ave Maria, LLC
Sig n dlcrqI ohrra
0tiv1
AF
By:
lorida I lia b company
Sign:
Pri N ame
)r.Ao.r"r",^. 2,..L,u
\L//. d^-Provide Proper Evidence of Authority)
BOARD O
OF COLLI
F COUNTY COMMISSIONERS
ER COUNTY FLORIDA
2_--.---
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
as to fo and legality:
Ilc r:k D. Perry
Assistant County Attorney
By
as designee ofthe County Manager
pursuant to Resolution No. 2015- 162
16.A.9.b
Packet Pg. 370 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
Bond #107354978
EXHIBIT "A"
PERFORMANCE BOND
FOR EXCAVATION WORK
For Maple Ridge at Ave Maria Phase 74
KNOW ALL PERSONS BY THESE PRESENTS: thAt
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables. Florida 33134
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 38
Hartford, CT 06813
(800\-873-1477
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggreg ate sum of One Hundred Forty-four Thousand Seven Huldrcd
Thirty-flve and 60/100 Dollars ($144.735.60) in lalvful money ofthe United States, forthe 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. !!fQf,!QQQ!l!![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 satisry 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 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 referrang to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
Ils,LDS-01664/1 153600/11
16.A.9.b
Packet Pg. 371 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
EXHIBIT,,A,,
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 20th_ day of Agtil ,202'l .
WITNESSES CC Ave Maria , LLC
A Florida a limited liability company
Printed Name |rU Sltt(tr^^ 0tiYrt By
Bria n Goguen, Pre
Print Name/Title
Printed Name M^t,,.,".2 .Lc
(Provide Proper Evidence of Authority)
STATE OF Florida
COUNTY OF u,nnEr
Wl d-
THE FOREGOlrl pHvsrcnr
Vo 21 ,sv
fl oNrLrNe NorARrzATroN THts
ING PERFORMA
PRESENCE OR
BEF
20rh
MEANS OF
Apnl
NCE BOND WAS ACKNOWTEDGED ORE ME BY
DAY OF
BRIAN GOGUEN AS VICE PRESIDENT OF WHO IS PERSONALLY KNOWN TO ME
Notary pr61;" - g1s1s 6i Florida
By:,t/r;rrh Po*1,r*
Nicole Paneque, Att6rney in Fact
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
WITNESSES:
A,/ r{rr-lr.Z
Printed Name
/n-a r&6-ao*
Printed Name
(SEAL)
Travelers Casualty and Surety Company of America
(Surety Name and Title if Corporation)
AM
itb
,td(Ki:,
,:"(. f,T'*:,..t>:aS/i::
KM D. DAVIOSON
lblsry Publt - Slrle ol F o'da
Cd$dssol IGG j51t82
t{y Crtur Etp{es Feb 19, 2022
Sdned llt[d' Nrlnd Nd4 rss
[1s-LDS 01664/1153600/1]
ACKNOWLEDGEMENT
OR HAS PRODUCED OF AS IDENTIFICATION,
w
16.A.9.b
Packet Pg. 372 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
EXHIBIT,,A,,
ACKNOWLEDGIVIENT
STATE oF Florida
couNry oF collier
El pHvsrcnl PRESENCE oR Drurrrue ruore fl(6t19\"T5t?zo 21 BY
IS_PERSONALL
Nicole Paneque
ODUCED OF
Notary Public - state of Florida
Printed Name on
l1-r:ts-02650/7
grEffl E EEl'SOlt
IY@HHI(III@ 92GTS
EXPIRE& OcbO., 28, 204
PlEl,hd{lk!H
[1s rDs 01664/11s3600/1]
THE FOREGOING PERFORIVIANCE BOND WAS ACKNOWLEDGED BEFORE N4E BY MEANS OF
OF
16.A.9.b
Packet Pg. 373 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
.-.
TRAYETERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and surety company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine lnsurance Company are corporalions duly orcanized under the laws of the Stale of Conneclicut (herein collectively called the
"Companies"), and that lhe Companies do hereby make, constitute and appoint NICOLEM PANEQUE of NAPLES
Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature lhereof on behalf of the Companies in lheir business of guaranteeing the
fidelity of persons, guaranleeing the performance of conkacts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
lN WITNESS WHEREOF, the Companies have caused this inslrumenl to be signed, and their corporate seals to be herelo affixed, this lTth day of January,
2019.
Slale of Connecticut
By
City of Hartford ss Roberl L.enior Vice President
On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himselt to be the Senior Vic€ President
of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine lnsurance Company, and
lhat he, as such, being aulhorized so to do, execuled the foregoing instrument for the purposes therein contained by signing on behalf of said
Anna P. Nowik, Nolary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine lnsurance Company, which resolutions are now in full
force and effecl, reading as follows:
RESOLVED, that the Chairman, the President, any Mce Chairman, any Execulive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any Assislant Secretary may appoint Attomeys-in-Fact and
Agents lo act for and on behalf of the Company and may give such appointee such authority as his or her certificale of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligalory in the nalure of a
bond, recognizance, or conditional undertaking, and any of said officers or lhe Board of Directors at any time may remove any such appointee and revoke
the power given him or her; and it is
FURTHER RESOLVEO, that the Chairman, the President, any Vice Chairman, any Executive Vice Presidenl, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such
delegalion is in writing and a copy thereof is filed in the office oflhe Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contracl of indemnity, or wriling obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company v,/hen (a) signed by the Presidenl, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Mc€ President, the Treasurer, any Assistanl Treasurer, the Corporate Secretary or any
Assistant Secrelary and duly attested and sealed Wth the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of aulhority or by one
or more Company offcers pursuanl to a writlen delegation of authorityi and il is
FURTHER RESOLVEO, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vlce
Presidenl, any Assistant Vice President, any Secretary, any Assistant Secrelary, and the sealofthe Company may be aftlxed by facsimile to any Power of
Atlorney or lo any certificate relaling thereto appointing Resident Vice Presidents, Residenl Assistant Secretaries or Attorneys-in-Fact for purposes only of
executing and attesling bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ce(ified by such facsimile
signalure and facsimile seal shall be valid and binding on lhe Company in lhe future with respect to any bond or understanding to which it is altached.
l, Kevin E. Hughes, the undersigned, Assistanl Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surely
Company, and St. Paul Fire and Marine lnsurance Company, do hereby certify that the above and foregoing is a kue and correct copy of the Power of
Attorney execuled by said Companies, which remains in full force and effect.
Dated lhis 20th day of Ap.il2021
Kevin E Hughes, Ass ant Secrelary
To veri{y the duthenticity of this power of A$orney, please call us at 1-SOO-421-398O,
Please refer to the above-naned Attorney-in-Fact and the details of the bond to which this power of Attomey is attached,
Companies by himself as a duly authorized offrcer.
lN WTNESS WHEREOF, I hereunto sel my hand and official seal.
My Commission expires the 30th day of Juno, 2021
l/a. { /la.--
16.A.9.b
Packet Pg. 374 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
WRITTEN CONSENT
OF
THE BOARD OF DIRECTORS
or
CC AVE MARIA, LLC
,-, I tL
DATED AS OF FEBRUARY 3 2014
The undersigned, Board of Dirccton (thc "8ggS!") of CC AVE MARIA, LLC, a Florida
limited liability company (the "eom!s!X"), hereby consen[s ro lhe adoption of the following
resolutions:
RESOLVED, that cffcctivc as ofthis date thal lhc following pcrsons be
elected to the ofllces ofthe Company scl forth opposile thcir names bclow to
scrvc in such copaci(ies until their rcspcctivc successors shall have bccn duly
clccted und shall hove qualified:
Jamcs M. Cerr
K. Lawrcncc Gragg
Andrrs Miyarcs
llarold L. Elsenachcr
Brlan Goguen
Blakc Crblc
Dirtrr Ibsrrls
Prcsidcnt and Assislsrl Setrctrry
Vicc Prcsidctrtr Assklstr! Secrelrr!. snd
Assistrnt Trclsurcr
Yicc Prcaidctrt
Vicc Prcsideut rnd Treasurcr
Vicc Prcaide!t
Vicc Prcsident
Vicc PrcsideBt
Ssle of Homes at Maolc Ridqc
WHEREAS, thc Company is Oe owner and dcvcloper of censin singlc
hmily residential homcs (the "!9!q9!) located in a projcct known es "Moplc
Ridge 8t Ave Maria" in Collicr County, Floidoi
WHEREAS, thc Bonrd deems it to bc in thc bcst intere* of thc
Compaoy lo s€ll from timc to lime (each, a "$s19") lhc homes pursuanl to a
Maple Ridge at Ave Mario Purchase Conlract (thc "Asreement") by Bltd
bctwcen thc Company, m scller, ond each of the buyeB party thereto (thc
"EuschEser).
NOW, THEREFORE, BE IT
RESOLVED, rhat rhc Prcsidenl or any Vice Prcsidenr of rhe Compsny (rhe
"Aghg11zed_-Bep1ggglg!ryS") bc, and hcreby is, aurhorized and empowcrcd ro
cxccutc and dcliver, on bchalfof thc Company, any and all documents requircd in
Election of O{Iicers
16.A.9.b
Packet Pg. 375 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
connection wilh each Sale, including, without limitation (u) Moplc Ridgc ot Avc
Msda Purchrse Contract, (b) a Special Waranty Decd in favor olthe Purcho-scr, (c)
an Owner's Afl:davir, (d) a FIRPTA Aflidavit, (c) Termination ol' Notice of
Commcnccment, (0 a Closing Slalemcnt, ond (g) such other documcnts as may be
ncccssary to effect such Sale (collectively, the "Salc Documcnts"); and be it
RESOLVED, that csch Authorized Reprcscntativc, octing alone, be, and
hereby is, authorizcd and directed to enter into, execute, and deliver the Salc
Documents on behalf of the Compony, with such additions, dcletions, or changes
thcrcin as such Authorized Reprcscntative cxecuting the Sale Documcnts shall
approvc, such approval to be conclusively cvidsnced by lhe execution thcrcoi, as
well os lo do and pcrform, or cEuse to be done end pcrformcd, 0ll such othcr acls,
deeds and things, end to mBkc, sxecute nnd deliver, or causc to bc mrde, execulcd
and delivercd, all such other agrccrrents, underlakings, documcnts, instnunents or
certificales, for thc Company o. the Company as the case may be, os (he
Authorized Representativc may dcem necess{ry or oppmpriate to cffectuale or
csrry out fully the purpose and intent olthe forcgoing resolutions and to be in the
bcsl interest of the Company or thc Company (as conclusively evidenccd by thc
taking of such action or lhe exccnlion and delivery of such agrcemcnts,
undcrtakings, documcnts, inslruments or ccrtificelcs,0s lhe case may bc, by or
undcr the dircction of any authorized agent), and thot all acts, deeds and things
herelofore done or pcrformed by thc qents ol the Company in connection rvith
each Sale be, and hcrcby arc, approved, ralified and confirmed in Bll respects and
shall constitute lhe acts and obligations of the Company, irrcspcctive of whethcr
such acls or documents wcrc pcrformed bcforc or subscqucnt to thc dale ol tltc
adoption thereof; and b€ it furthcr
RESOLVED, lhat this Consent may be o<ecuted in any number of
colnterp8rts and by the sepsralc p&tics hsrcto in scparate counterparls, cach of
which shall bc decmcd to bc one and lhe samc instrumcrt; and be it furlhcr
RESOLVED, thot lhis Consent shall continuc in full force and cffect snd
may be rclicd upon by cach Purchaser and its title insumnce underr.vtiter until
rcccipt o[ a written noticc olany change herein.
[Signoturcs on following page]
16.A.9.b
Packet Pg. 376 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)
wnttct.
'Ihe undersigned havc hereby exccuted this Conseor as ofthe datc first abovc
BOARD OF DIRECTORS:
Cablc
GraBg
J
Coguen
16.A.9.b
Packet Pg. 377 Attachment: Bond Basis (26237 : Excavation Bond Release - Maple Ridge at Ave Maria 7A)