Agenda 09/12/2023 Item #16A11 (Release performance bond for work associated with Hacienda North - Phase 1)09/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $323,500,
which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated
with Hacienda North - Phase 1, PL20220001518.
OBJECTIVE: To release security that was posted as a development guarantee.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as
guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this
security has been inspected, and the developer has fulfilled his commitments with respect to this security. The
performance security was posted as security for clearing and site filling associated with an Early Work
Authorization (EWA) for Hacienda North - Phase 1 PPL (PL20210001119). On September 27, 2022, the PPL was
approved by the Board of County Commissioners, and the EWA bond is no longer required. A recent inspection
confirmed that the developer had fulfilled the commitments of the EWA.
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 $323,500.
Development Review 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.11
Packet Pg. 388
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 26277
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $323,500, which was posted as a development guaranty for an Early Work Authorization (EWA) for work
associated with Hacienda North – Phase 1, PL20220001518.
Meeting Date: 09/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
08/04/2023 1:43 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
08/04/2023 1:43 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/04/2023 5:41 PM
Development Review Brett Rosenblum Additional Reviewer Completed 08/07/2023 8:14 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/07/2023 2:47 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
08/08/2023 8:23 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/09/2023 3:32 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
08/10/2023 9:17 AM
Growth Management Community Development Department James C French Growth Management Completed
08/22/2023 4:43 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/24/2023 10:24 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2023 10:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2023 8:12 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2023 4:25 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2023 4:50 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.A.11
Packet Pg. 389
HACIENDA NORTH – PHASE 1
LOCATION MAP
16.A.11.a
Packet Pg. 390 Attachment: Location Map (26277 : EWA Bond Release - Hacienda North - Phase 1)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 2t: day of
8:pn] , 2022, between Toll Southeast LP Company, Inc. hereinafter referred to as
"Developer," and the Board of County' Commiss_ioners of Collier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section 10.01 .02.B
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20220001518 (the "Early Work 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:
1.Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work;').
2.Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $323,500.00.
3.In the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to insure
satisfactory completion of the Early Work.
4.The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and·
approved by the County Manager or designee for compliance with the Early Work
Regulations.
5.The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval of the Early Work; or b) notify Developer in
writing of his refusal to approve the Early Work, therewith specifying those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principal under the early 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
16.A.11.b
Packet Pg. 391 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
. . 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 an·d conditions herein contained are and shall be
binding upon Developer and the r.espective successors and assigns of Developer.
IN WITNESS WHEREOF, the ·Board and Developer have caused this Agreement to be
executed by their duly authQrized representatives this 2 1---day of t9-p:J·1
20"1r1-
SIG.NED IN TH !f,.RESENCE OF:
Signf-d.lW'-'r'fU--.�fi #rfl?$:
·Printed Name
Sign: J.tt ,<__
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By: ______ _Clerk of the Circuit Court & Comptroller Collier County, Florida Derek D. Perry
Assistant County Attorney
ast LP Company, Inc.
rinted �ame: � LJe(,,,,lr
Title: V.ievtvr
Evidence of Signing Authority attached
hereto as Exhibit "B".BOARD OF COUNTY COMMJSSIONERS OF COLLIER COUNTY, FLORIDA B� �---Jaime Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No. 2015-162 16.A.11.b
Packet Pg. 392 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
EXHIBIT IIA"
Performance Security
16.A.11.b
Packet Pg. 393 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
PERFORMANCE BOND Bond No. 0811164
FOR EARLY WORK AUTHORIZATION
KNOW ALL PERSONS BY THESE PRESENTS: that
Toll Southeast LP Company, lnc
1 140 Virginia Drive
Fort Washington, PA 19034
(hereinafter referred to as "Owner") and
Harco National lnsurance Company
4200 Six Forks Rd, Suite 1400
Raleigh, NC 27609
800-333-4167
(hereinafter referred to as "Surety") are held and flrmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Three Hundred Twentv Three Thousand Five
Hundred and 00/100 Dollars ($323,500.00) in lawful money ofthe United States, for the payment of whlch
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 suoh that whereas, the Owner has submitted for approval by
the Board a certain Early Work Authorization Permit No. PL20220001518 and that certain Early Work
Authorization shall include specific .improvements which are required by Collier Colnty Ordinances and
Resolutions (hereinafter "Land Development Regulations"). This obligation ofthe Surety shall commence
on the date this Bond is executed and shall continue uhtil the completion of the work and approval by the
County ofthe speciflc improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such aS an Site Development Plan (SDP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in
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 bevoid, otherwise to remain in full force a d 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 speciflc improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 25th day ol Aotil. 2022.
[1s LDS-01664/1153600/1]
16.A.11.b
Packet Pg. 394 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
WITNESSES Toll Southeast LP Company, lnc
Printed Name
STATE OF ft Dr
COUNTY OF
4.,-L.
THE FOR
i \,,f PHYSnd>_
ra,,<rka-,By
Da --u
AC]KNOWLIJDGEMENI'
Printed Name/Title t^l t!.st-l/b,tsc*tL
Dians Van Ak€o
NOTARY PUBLIC
STATE OF FLORIDA
Comn# GG3458q! -
Expiras 8lt z/26lilAL)
) d,Q,
I\,lF BY I\,1 SO
OTARIZAT AY OF ()
(NAIVIE OF ACKNOWLEDGER) AS
(TITLE) OF Toll Southeast LP Companv. lnc. (NAME OF COI\4PANY) WHO lS PERSONALLY KNOWN
TO N4E, OR HAS PRODUCED OF AS IDENTIFICATION
EGOING PERFORI\4ANCE BOND WAS ACKNOW
1"f.: my5,Ery"''u'
LEDGED BEFORE
ron rHry'Lko ,
Notary Pubtic - ,,u," o, FILr,, iL
u.-
Printed Name
WITNESSES HARCO NATIONA INSURANCE
Daniel P. Dunigan, Attorney-in-Fact
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGM ENT
B
Pri e: Eliza beth Kelly
,),
I
Printed Name Theresa Bassett
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
Notary Public Stat eo
Ll
f Penns ylvania
tvt
%ffiTJffi'JHr"""
)r, Coihbdon Erp'res J ins ZA. ZOZz
Cqwnbaixl Number lo7ot 06
Kelly G HennessPrinted Name:
lt-FIS r)2650i i
[15 LDS 01664/1153 l,o0/11
(s
Evidence of Signing Authority attached
hereto as Exhibit "8"
Printed Name
COMPANY:
THE FOREGOING PERFORI\IANCE BOND WAS ACKNOWLEDGED BEFORE IVIE BY IVIEANS OF
ffi eHvsrcnr PRESENCE OREONLINE NOTARIZATION THIS 25th DAY OF April, 2022. BY DANIEL
P. DUNTGAN, AS ATTORNEY-IN-FACT OF HARCO NATIONAL INSURANCE COIV]PANY WHO Iq."
PERSONALLY KNOWN TO ME .1".; ;ii.l
16.A.11.b
Packet Pg. 395 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
lvlember companies of IAT lnsurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: Thal HARCO NATIONAL INSURANCE COMPANY. a corporalion organized and exisling under lhe laws ot
lhe Slate of lllinors. and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporalion organized and exislrng under lhe laws o,lhe Slale of New
Jersey. and having their principal offlces localed respectively n the crties of Rolling [,{eadows lllinois and Newark New Jersey, do hereby constrlule and
appoinl
RICHARD J. DECKER, WILLIAM F. SII\4KISS, JOSEPH W, KOLOK, JR,, BRIAN C, BLOCK, JAMES L HAHN.
DANIEL P, DUNIGAN
Berwyn, PA
their lrue and laMul allorney(s) in fact lo execule. seal and delver Ior and on ils behalf as surely. any and all bonds and underlakings. conlracls ol
indemnily and other wrilings obligatory in the nature thereof whrch are or may be allowed. required or permitted by law, slalule, rule. regulalion. contracl
or otherwise and the executioo of such rnslrumenl(s) rn pursuance of lhese presenls. shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply 10 all intents and purposes, as iflhe same had
been duly execuled and acknowledged by their regularly elected ofllcers al lheir principal offices
This Power of Allorney is executed, and may be revoked. pursuanl lo and by aulhorily of lhe By Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDEL'TY INSURANCE COMPANY and is granled under and by aulhorily ol lhe following resolution adopted by lhe Board of
Drreclors of INTERNATIONAL FIDELITY INSU RANCE COMPANY al a meeting duly held on lhe 13th day of December,20'18 andbylheBoardof
Direclors of HARCO NATIONAL INSURANCE COMPANY at a meetrng held on lhe 13lh day of December, 2018.
"RESOLVED. lhat (1) lhe Chief ExecLrlive Ofllcer. Presrdenl. Execulive Vice President, Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoinl. and lo revoke lhe appointmenls of. Attorneys in'Facl or agents with power and aulhority as defined or limited
in their respeclive powers of allorney. and lo execule on behalf of the Corporalion and affix lhe Corporation's seal therelo. bonds, underlakings.
recognrzances. contracls of indemnily and olher written ob|gations rn the nature lhereof or relaled thereto, and (2) any such officers of the corporalion
may appoint and revoke the appoinlments of joinl-conlrol cuslodians agents for acceplance of process, and Attorneys-in-fact wilh authority lo execule
waivers and consenls on behalf of the Corporation; and (3) the signalure of any such Oflicer of lhe Corporation and the Corporation's seal may be affixed
by facsimrle lo any power of attorney or cerlificallon given for lhe execulron of any bond, underlaking. recognizance, conlract of indemnity or olher written
obligation in lhe nature thereof or relaled therelo. such signalure and seals when so used whether heretofore or hereafter, being hereby adopled by lhe
Corporation as lhe original signalure of such officer and the oBginal seal of the Corporalron. lo be valid and binding upon the Corporalion !!ith the same
force and effecl as lhough manually affixed'
lN WTNESS WHEREOF HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each execuled and allested lhese presenls
Bond # 081I164
on this 31sl day of December,2018
STATE OF NEWJERSEY
County of Essex
t-]n ^.,/" A
.:;i:;i!;Yk
:ii srel :3i
:- O-': r Oaa .r.r: j
:r"l:1"Kenneth Chapman
Execulive Vice President, Harco National lnsurance Company
and lnternatonal Fidelity lnsurance Company
On lhis 31st day oi December, 2018 . before me came the rndividual who executed lhe preceding inslrument, to me personally known, and.
being by me duly sworn, said he is lhe lherein described and authonzed ofllcer of HARCO NATIONAL INSURANCE COMPANY and
TNTERNATTONAL FIDELITY INSURANCE COMPANY lhal the seals afllxed lo said instrument are the Corporate Seals of said Companies: that lhe
sard Corpo.ale Sea,s and his signalure were duly affrxed by order of lhe Boards ol Direclors of said Companies
,ti::,!rjj;::_ i-"rBL'o^-i -:,..r,i,i:,Ti"N
lN TESTIMONY WHEREOF I have hereunlo sel my hand aflixed my Official Seal. at the Cily oI Newark
New Jersey lhe day and year firsl above writlen
Sh rel e A Outley a Nolary Publc of New Jersey
My Commission Expires April4, 2023
L lhe undersigned officer of HARCO NATIONAL INSURANcE COMPANY and INTERNATIoNAL FIDEL
ihal I have compared lhe foreqoing copy of the Power of Allorney and aflldavit. and the copy ofihe Sectio
forth rn said Power of Atlorney. wilh lhe originals on file rn lhe home otfice of said companres and lhal the
whole of the sad originals and thal the said Power o{ Allorney has not been [evoked and rs now in full fo
lN TESTIMONY WHEREOF. lhave hereunlo sel my hand on lhis day. Apttl25.2022
tll.s
904
IY
881448
"-..,.
STATE OF ILLINOIS
Counly of Cook
CERTIFICATION
lrene Marlrns
16.A.11.b
Packet Pg. 396 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
EXH!BIT IIB''
Signing Authority
16.A.11.b
Packet Pg. 397 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
Docusign Envelope lD: DDABDEDT-D6E7-4530-8Dp9-31C9E128488A
CERTIFIC.{TE OF GENERAL PARTNT]R
Dated: July 15,2021
I, Brock O. Fanning, Division President of Toll Southeast LP Company, Inc., a Delaware
corporation (the "Corporation"), do hereby certify and confirm the following:
1. The Corporation is the general partner (the"General Partner") ofeach ofthe Florida limited
partnerships attached hereto as Exhibit A (collectively, the "Padnerships"), and as General
Partner is authorized to make decisions and act on behalfofeach of the Partnerships.
2. Sean Walsh is appointed as an authorized representative of the Corporation, and he is
individually authorized, empowered and directed to execute and deliver, for and on behalf
of the Corporation in its capacity as General Partner of each of the Partnerships, any
agreement, deed or document with respect to t}te sale and conveyance ofindividual homes
or units owned by each of the Partnerships, upon such terms and conditions as he deems
appropriate and in the best interest ofthe Corporation and each of the Partnerships.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of General
Partner as of the date first written above.
TOLL SOUTHEAST LP COMPANY, INC.
W*,By:
Brock O. Fanning
Division President
16.A.11.b
Packet Pg. 398 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)
DocuSign Envelope ID: DDABDE07-D6E7.:-4530-8D09-31C9E12848BA
EXHIBIT A
16.A.11.b
Packet Pg. 399 Attachment: Bond Basis (26277 : EWA Bond Release - Hacienda North - Phase 1)