Agenda 10/24/2023 Item #16A6 (Isles of Collier Preserve Phase 17 - PL20210001914)10/24/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $422,048,
which was posted as a guarantee for Excavation Permit Number PL20210001914 for work associated with
Isles of Collier Preserve Phase 17.
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 Isles of Collier Preserve Phase 17. The As-Built lake cross sections have been received, and the
lakes were inspected on September 1, 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 for 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
$422,048. 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.6
Packet Pg. 790
10/24/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 26685
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $422,048, which was posted as a guarantee for Excavation Permit Number PL20210001914 for work associated
with Isles of Collier Preserve Phase 17.
Meeting Date: 10/24/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
09/15/2023 2:09 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
09/15/2023 2:09 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
09/15/2023 4:35 PM
Development Review Brett Rosenblum Additional Reviewer Completed 09/18/2023 12:33 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 09/19/2023 9:39 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
09/19/2023 4:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/21/2023 3:34 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/02/2023 11:13 AM
Growth Management Community Development Department James C French Growth Management Completed
10/03/2023 7:01 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/10/2023 4:00 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/10/2023 4:01 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2023 10:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/11/2023 4:33 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/12/2023 3:59 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM
16.A.6
Packet Pg. 791
ISLES OF COLLIER PRESERVE PHASE 17
LOCATION MAP
16.A.6.a
Packet Pg. 792 Attachment: Location Map (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 13th day of
Januarv, 2022 belueen Minto Communities, 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 Col er County Land
Development Code, including but not limited to Section 3.05.1 0 (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. PL20210001914 (the
"Excavatjon 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 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
$422.048.00.
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 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.
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
2
3
4
6
EXCAVATION PERFORIVANCE AGREEMENT
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.
E
16.A.6.b
Packet Pg. 793 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
7
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 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.
lN WITNESS WHEREOF, the Board and Developer hav
executed by their duly authorized representatives this ./!f; day
sed this Ao
lon"unl-
eca
of
u reement to be
,2027-.
SIGNED IN THE PRESENCE OF,
Sign IVIinto mmunit LL
By
Lilliam Costello, Vice President of
Finance
Evidence of signing authority attached
hereto as Exhibit "6".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
Jaime Cook, Director, Development Review
Division, as designee of the County l\ilanager
pursuant to Resolution No. 201 5-162.
Y+a L(
/rinted N ame Laura LaFauci
\hr-"-" q,t,ldfu,-^r/
Norma Mohamed
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
ved as to form and le
r.k D. P.rry
Bv
Assistant County Attorney
16.A.6.b
Packet Pg. 794 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
EXHIBIT IIA''
Bxc.veri.r Performance Security
16.A.6.b
Packet Pg. 795 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
Minto Communities, LLC
4042 Park Oaks Blvd Suite.450
Tampa, FL 336'10
(hereinafrer referred to as "Owner") and
RLI lnsurance Company
9025 North Lindbergh Drive,
Peoria, lL 61615
(hereinafter referred to as "Surety") are held and flrmly bound unto Collier County, Florida, (hereinafter
referredtoaS''county,,)inthetotalaggregateSumof
Dollars ($422,048.00) 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, flrmly 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. PL20210001914 and that certain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinaffer "Land
Development Regulations"). This obligation ofthe 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 rn
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 Ownels 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 Regulatjons.
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 13th day ol Janoary,2022
WITNESSES: .
ffir*tlt;J
EXHIBIT "A''
PERFORMANCE BOND
FOR EXCAVATION WORK
LiI
of
ed
Mint ommunitie LLc
iam CostelIo, Vice Pres identPri
Pri 'ed Name
Ste phanie Francols
z4-
Leslie Patriarca
I1s-10S,01664/11s3600/11
By
Finance
Bond#CMS0338972
KNOW ALL PERSONS BY THESE PRESENTS: that
16.A.6.b
Packet Pg. 796 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
TH OREGO
SICAL
20
A4-/4L
ING PERFORIVA
PRESENCE OR
NCE BOND WAS ACKNOWLEDGED BEFORE
E oNLtNE NorARlzATtoN THts . r , DAy
I\4E BY EANS O
AS IDENTIFICATION
OF
BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMP WHO S
PERSONALLY KNO\A/N TO IVE, OR HAS ioF
::.Ro*':.\' ,'i" l'' -s -.'.d . -,r- i
i .' +{7
LA
r'.,,2
c-L
rinted Name Laura LaFauci -{,
WITN ESSES ura nce Compa n
B
zabeth Ma
/
Printed Name: c aldette al
ACKNOWLEDGI\,4ENT
STATE OF Florida
COUNTY OF N4iami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE I\,4E BY MEANS OFpHystcAl PRESENCE oR E oNLtNE NorARtzATtoN THts 13th DAY OF January
2022 , BY (Elizabeth Marrero) AS (Attorney-in-Fact) OF (RLl lnsurance Company) WHO lS
PERSONALLY KNOWN TO lvlE, ERldd(S@RozuOE&@F<xxxxxxxxxxxxx.rqgl&ENxlEl6,*|D@DC.
(SEAL)
SEE ATTACHEO
Printed Name: Jose M. Femandez
I il- Fl S-(12650/7
[1s LDS 01554/11s3600/1]
Notary Public - Stat" ot l/r-oA \Aq,7-
Z .-Z tubvllat.
tlo,,*,-t0r,,i'j. IPrlr(ed Mme, Henrv R,vas.a-//,,'/-r
Notary Public - State of Flonda
16.A.6.b
Packet Pg. 797 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of Florida
County of Miami-Dade
o" -LJt3/A-Elizabeth Marrero who
before me, Jose M. Femandez, Notary Pubtic, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that she
executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument
the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument.
I certifu under PENALTY OF PERJURY under the laws of the
State of Florida that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Si ture
of No Public
# ?;'i;.x
,*;;:*;;#q
SURETY ACKNOWLEDGMENT
16.A.6.b
Packet Pg. 798 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
e025 N. LrndberghDr oPrl;;;'t
o,u,s
Know All Men by These Presenls:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving offi cer if desired.
That RLI Insurance Company and./or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and
togcthcr, thc "Company") do hereby make, constitut!' and appoint:
Claudette Alexander Hunt. Eliirabeth Marrero. iointly or severally
in thc City of Miami . State of Florida its tlue and lawful Agent(s) and Attomey(s) in Fact, with
full power and authority hereby confened, to sign, execute, acknowledgc and deliver for and on its behalf as Su.ety, in gcneral, any and all
bondsandundertakingsinanamountnottoexcecdDollars
( $25.000.000.00 ) for any single obligation.
The acknowledgment and cxecution ofsuch bond by the said Attomey in Fact shall be as binding upon the Company as if such bond had been
cxecuted and acknowledged by the regularly elected oflicers ofthe Company.
RLI lnsuraDce Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors ofeach such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secrctary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurgr may appoint
Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name ofthe Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Aftomey or other obligations of the corporation. The
signature ofany such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOI.', the RLI lnsurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
causcd these presents to bc cxccuted by its rcspcctive Vice Presidcnt with its corporate seal affixed this
-lQ$_
day of
l,4arch 2020 RLI Insurance Compan!
Contractors Bonding and Insurance Company
+ii":#iyi;6'/a#;.lii#ii?+zi l.snll; .:'%;*',1
SS
Countv of Peoria
On rhis
-18!L
day of March , 2020 , befbre me, a Notary Public,
personally appeared Banon W. Davis . who being by me dul) s*om.
acknowledged that he signed thc above Power of Attomey as the aforesaid
officer of the RLI Insurance Compa[y and/or Contrrctors Bonding and
Insurance Company and acknowledged said instrumenl to be the voluntary
act and deed ofsaid corporalion.
e<-
B!
Banon W. Davis Vice President
CI.]RTIFICATE
l. the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certiry
thal the attached Power of Attom€y is in full force and effect and is
irrevocablei and funhermorc, that the Resolution of the Company as
set fonh in thc Powcr of Aftomey, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Company
lnsurance Compeny
this l3th
and"or
day of
urance
RLI lnsurance Comp{ny
Notary Public Contrrctors Bonding and Ins
2,
.rr
.,ao , sEAL....:+
statc of Illinois It
OFFICIAL SEAL
JACOUEUNE M BOCKLER
)OTraY P!E,C, STArE Of rutlos
IY @rrsgoti &Es Jrri ,.2@
e M. Bockler
Bv
Jacque
By
Jeffrey
*"o"_
. A0058Dr9
16.A.6.b
Packet Pg. 799 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
EXHIBIT IIB''
Signing Authority
16.A.6.b
Packet Pg. 800 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
PerryDerek
From:
Sent:
To:
Subject:
Brian Cale < bcale@mintousa.com >
Thursday, June 24, 2021 5:06 PM
PerryDerek
Signing Authority - lsle of Collier Preserve
EXTERNAL EMAIL:
Derek-
I authorize Lilliam Costello to sign on behalf of Minto Communities, LLC for general permits and entitlemenl
activities. Please call me if you have any questions.
Sincerely,
Brian Cale
Brian Cale, PE
Vice President of Land Development Latitude Margaritaville Watersound
MINTO COMMUNITIES . USA
8939 STEEL FIEL0 ROAD, Panama City, Florida,32413
T I c a41.780.s113
A division of The Minto croup
Follow us on
o00@ ffi
I Refer a
Friend
1
16.A.6.b
Packet Pg. 801 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
JOINT UNANIMOUS WRITTEN CONSENT OF THE MANAGERS OF
MINTO COMMUNITIES, LLC,
MINTO ARTESIA, LLC,
MINTO TOWNPARX, LLC,
HOMEBUYERS' FINANCIAL, LLC,
MINTO FLORIDA HOLDINGS, LLC
MINTO TITLE, LLC,
MINTO LAS OLAS, LLC,
MINTO KENNEDY GROVES, LLC,
MINTO VILLAS.BY-THE-SEA, LLC,
MINTO BRADENTON, LLC,
MINTO MARINA, LLC,
MINTO MONTERIL{, LLC,
MINTO SABAL BAY, LLC
MINTO SPW, LLC AND
MINTO PBLH, LLC
The undersigned, coustituting all the managers (the "Managers") of MINTO COMMLTNITIES,
LLC, a Florida limited liability company, MINTO ARTESIA, LLC, a Florida limited liability company,
MINTO TOWNPARK, LLC, a Florida limited liability company, HOMEBUYERS' FINANCIAL, LLC,
a Florida limited liability company, MINTO FLOzuDA HOLDINGS, LLC, a Florida limited liability
company, MINTO TITLE, LLC, a Florida limited liability company, MINTO LAS OLAS, LLC, a
Florida limited liability company, MINTO KENNEDY GROVES, LLC, a Florida limited liability
company, MINTO VILLAS-BY-THE-SEA, LLC, a Florida limited liability company, MINTO
BRADENTON, LLC, a Florida limited liability company, MINTO MARINA, LLC, a Florida limited
liability company, MINTO MONTERRA, LLC, a Florida limited liability company, MINTO SABAL
BAY, LLC, a Florida limited liability company, MINTO SPW, LLC, a Florida limited liability company,
and MINTO PBLH, LLC, a Florida limited liability company (each, a ''Companv" and hereinafter,
collectively, the "Companies"), do hereby consent to the following resolutions as ofNovember 20, 2014
and dtect that this action be filed with the records ofeach respective Company.
RESOLVED, that Brian Cale ("Cale") be and hereby is appointed to the oflice of Vice President
ofeach of the Companies, to serve in such capacity until his successor has been duly elected and qualified
or until his earlier resignation, removal or death;
R-ESOLVED, that any and all actions taken to date by Cale on behalf of the Companies as an
officer ofthe Companies are hereby ratified and approved; and
RESOLLED, that this Joint Unanimous Written Cons€nt may be executed in count€rparts, each
of which when so executed shall be deemed an original, but all ofwhich such counterparts shall together
constitute but one and the same instrument.
{10212914;l }
ISignature(s) on following page(s).]
16.A.6.b
Packet Pg. 802 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)
IN WITNESS WIIEREOF, the undersigned being all the Managers of all of the Companies
have execut€d this Joint Unanimous Written Consent effective ss ofthe &te first above written.
MANAGERS of MINTO COItr\IUNITIES, LLC,
MINTO ARTESIA, LLC, MINTO TOWNPARX,
LLC, HOMEBUYERS' FINAIICIAL, LI]C, MINTO
FLORIDA EOLDINGS, LLC, MINTO TITLE, LLC,
MI}ITO LAS OLAS, LLC, MINTO KENNEDY
GROVES, LLC, MINTO VILLAS.BY-TIIE-SEA,
LLC, MINTO BRADENTON, LLC, MINTO
MARINA, LLC, MINTO MONTE,RRA, LLC,
MINTO SABAL BAY, LLC, MINTO SPW, LLC ANd
MINTO PBLH, LLC
Michael J. Belmont
JohlI.
{30232934;l }
16.A.6.b
Packet Pg. 803 Attachment: Bond Basis (26685 : Excavation Bond Release - Isles of Collier Preserve Phase 17)