Agenda 09/26/2023 Item #16A 5 (Release performance bond for an Early Work Authorization associated with Pallisades)09/26/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond of $23,560, which was
posted as a development guarantee for an Early Work Authorization (EWA) for work associated with
Palisades, PL20220000268.
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 ass ociated 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 Palisades PPL (PL20210001721). On July 12, 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: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as a development guarantee and
released after work is performed.
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 $23,560.
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.5
Packet Pg. 402
09/26/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 26278
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $23,560, which was posted as a development guaranty for an Early Work Authorization (EWA) for work
associated with Palisades, PL20220000268.
Meeting Date: 09/26/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
08/14/2023 4:11 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
08/14/2023 4:11 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 08/14/2023 4:17 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/16/2023 8:06 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/18/2023 3:32 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
08/18/2023 4:39 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/21/2023 2:26 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
08/30/2023 12:38 PM
Growth Management Community Development Department James C French Growth Management Completed
08/30/2023 3:14 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/12/2023 11:50 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/12/2023 11:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/13/2023 10:21 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/13/2023 8:53 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/14/2023 11:25 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
16.A.5
Packet Pg. 403
PALISADES
LOCATION MAP
16.A.5.a
Packet Pg. 404 Attachment: Location Map (26278 : EWA Bond Release - Palisades)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY
/vlNY
WORK PERFORMANCE AGREEMENT entered into this / A+L 0., o,
20 ?z , between Yarberrv Partners, LLC hereinaftei 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 early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 10.01.02.8
(coltectively, 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. PL2O22OOO0268 (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:
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 $23,560.00.
ln 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.
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.
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.
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 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 flnal
total cost to the Board thereof, including, but not limited to, engineering, legal and
1
6
4.
5.
16.A.5.b
Packet Pg. 405 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
7
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.
Sig n:
IN WITNESS WHEREOF,
executed by their duly authorized
20 z-z-
SIGNED I THE OF
the Board and Developer have
representatives this / o*
caused this Agreement to be
day of r,// AY
Name of Entity:
William G. Price Jr.
Manager
Provide Proper Evidence of Authority
BOARD OF COUNTY COMMISSIONERS
OF COLLIER , FLORIDA
By:
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
Printed Name
Sign:
Printed
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
County, Florida
legality:
Derek D. Perry
Assistant County Attorney
.rh.NIA-J"
16.A.5.b
Packet Pg. 406 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
lt t,Exhibit A
Performance Security
16.A.5.b
Packet Pg. 407 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
Bond No. 567332
KNOW ALL PERSONS BY THESE PRESENTS: that
YARBERRY PARTNERS LLC
259 TURNPIKE RD. SUITE 1OO
SOUTHBOROUGH , MA 01772
(hereinafter referred to as "Owner") and
NGM lnsurance Company
4601 Touchton Rd E, Jacksonville, FL 32246
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggrega te sum of luenty-Three Thousand, Five Hundred Sixty Dollars
and No Cents ($ 23.560.00) in laMul 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 Early Work Authorization Permit No. PL20220000268 and that certain Early Work
Authorizatlon 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 completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance ofa 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 be void, otheMise to remain in fullforce 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 a nce with the Land Development Regulations
The term "Amendment," wherever used in this Bond, an r referring to this Bond, or other documents
shall include any alteration, addition or modification of v racter whatsoever
IN WITNESS
day
WHEREOF, the parties hereto h ca ed th ORMANCE BOND to be executedE
this
WITNESSES
Printed Name
Ln,tr, [tJt
of S--c.,e -
arbe rtners, LLC
By:
William Depietri - Manager
(Provide Proper Evidence of Authority)Printed Name
MlovtL/^
N
16.A.5.b
Packet Pg. 408 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
STATE O
COUNTY OF
J SM. C f
Printed Name
SrArE oF t4{<9Vft0* fTS
COUNTY Or ftlrnx€St?/
(TTTLE) OF
OR HAS PRODUCED OF
'7
s M. Cr,
nted Name
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
NG PERFORMANCE BOND WASACKNOWLEDGED BEFORE ME BY MEANS OF
ENCE OR NLI lzATloN THls /''l - DAY l)/.Le,
E OF ACKNOWLEDGER) AS ryu
-L
-uo\- f44
(NAME OF COMPANY) WHO tS PERSONALLY KN
AS IDENTIFICATION.
TO ME,
Ltce&/te-
Notary Public - State of Ha"*,,JuStt<
Paula A Callahan
Notary Pubtic
fuiy Commission Expires
March 1 1, 2027
OF MASSACHUSETTS
OF
My Commisrion Expirer
JAMES M. CRAWFORD
Nolery Public
28, 2024
l 4-EIS-02650/6
(sEAL)
ACKNOWLEDGEMENT
NG PERFORMANCE BOND
OR ONLINE20;)> By
Notary Public - State of tC\c.q.-c^c\r.,Se.-g
WITN
B
Printed Name
rF,E FOREGOIfuSICAL WAS ACKNOWLEDGED BEFORE
NOTAR|ZATTON TH|S ;51^DAY
ME BY MEANS OF
OF
(NAME OF
(NAME OF COM
IDENTI
NGM lnsurance Company
lS;rl
!r.
o/
.: :,'.i
16.A.5.b
Packet Pg. 409 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
[.,
I
I
K *", INSURANCE C.MPANIY POWER OF ATTORNEY
06-0 310 4829A mmb€. oI The Main Stsst Arf,ori(E Goup
KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal
office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company. to
wit:
"Article IV, Section 2. T\e board of directors, the president, any vice president, secretary, or the
treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute
on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of
indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to
remove any such attorneys-in-fact at any time and revoke the power and authority given to them. "
does hereby make, constitute and appoint Philip B Crawford, Richard W Crawford, James M Crawford,
Katie E Connor, Jeffrey W Crawford
its true and lawful Attorneys-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed,
bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the
following limitaticn:
1. No one bond to exceed Five Million Dollars ($5,000,000)
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers ofNGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted
by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977 .
Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by
facsimile to any power of attorney or special power of attorney or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when
so used being hereby adopted by the company as the original signature of such office and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed.
lN WTNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President,
General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020.
NGM INSURANCE COMPANY By l) \) rnLNnW"dtL{.d4u)
o
Kimberly K. Law
Vice President, General
Counsel and Secretary
State of Florida,
County of Duval.
On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly
commissioned and qualified, came Kimberly K. Law of NGM lnsurance Company, to me personally known to be the officer described
herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn,
deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate
seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument
by the authority and direction of the
lN WTNESS WHEREOF,I have
2020.
said Company; that Article IV, Section 2 of the By-Laws of said Company is now in force.
hereunto set my hand and affixed my official seal at Jacksonville, Florida this 7th day of January,
ir.-t'--Q,^\.-
I, Nancy Giordano-Ramos, Vice President of NGM Insurance Company, do hereby certify that the
correct copy of a Power of Attomey executed by said Company which is
my hand and affixed the
still in full force and effect.
lN WTNESS WHEREOF, I have hereunto set seal of said Company atof lVta.,a 2d7.?..
WARNING: Any unauthorized reproduction or alteration of this document is prohibited.
TO CONFIRM VALIDITY of the attached bond please call t-800-225-5646
TO SUBMIT A CLAIM: Send all conespondence to 55 West Street, Keene, NH 03431 Attn: Bond
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16.A.5.b
Packet Pg. 410 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
Exhibit B ,,tl
Evidence of Signing Authority
16.A.5.b
Packet Pg. 411 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
8. I;or inirial inde\ing puryoses. lisrnamcs. rirlcor capacitl,and addrcsses ofthe prinra4' nren bcrs/managers or persons authorizcd to
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iua=.."4 l,r,fi"i,iuoft nttI, be addcd ro thr i[dc\ rrhcn fiting lour l:lorida Dcpannrenl ofStalc Annual Rcpon fornt.
9. r\uached is a c.nilicarc ofe\islence. no rnorc thin 90 days old. dul-\ authcnlicaled b-{ lhc ofncial having crrstodl'ofrecords in thc
jurisdicrion ondcr rhc larv ofrrhich it is organized. (lfthc cenificalc is in a foreign languagc. a translation ofthe cenificate ndcroath
ofrhe rrrnslaror orust bc submined)
10. This docu rent is c.rcculed in accordarrce rrirh scction 605.0201 ( lt (b). Florida Slatules. I am a$arc that an) falsc infomralion
suhrr)lttcd in a docLtnrcttl lo the Dcpanntcni ofStatc conslitul ! third degrce lelonl as proYidcd for in s.8l 7.1-(5. F-S
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Namc and Address:
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16.A.5.b
Packet Pg. 412 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)
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1'O \\II{ON,l IT MAY CONCEI{r\:
I hcrcbv certir;{ that a ccrtificate of organization of a Limircd l-iabiriry companl,rvasliled in this ollice by
YARBEITRY P.\R'TNERS I.LC
in accordlnce rvith the pro'isions of rvtassach,scrrs ccneral l-a*,s crraprcr r i6C on .lune l g,
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. . I lunhcr ccni['that said Limired r.,iabrliry company has lirccr all annual rcporrs tlue andpaid all lces r'ith respccr ro such rcpons; rhar saii t-imiicd Liabirity cornpanl. t,o, n,,r it"Jocenificute ol cancellarion; that (hsrc are no proccedings prescntli, pcnding undcr rhc
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16.A.5.b
Packet Pg. 413 Attachment: Bond Basis (26278 : EWA Bond Release - Palisades)