Agenda 11/14/2023 Item #16A 8 (Clerk of Courts to release a Performance Bond with Del Webb Naples)11/14/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $112,940,
which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated
with Del Webb Naples Parcels 307-310, PL20220003778.
OBJECTIVE: To release a 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 Del Webb Naples Parcels 307-310 PPL (PL20210003291). On October 25, 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 has 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: There is no growth management impact 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
$112,940. 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.8
Packet Pg. 384
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 26741
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $112,940, which was posted as a development guaranty for an Early Work Authorization (EWA) for work
associated with Del Webb Naples Parcels 307-310, PL20220003778.
Meeting Date: 11/14/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
09/21/2023 3:19 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
09/21/2023 3:19 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/21/2023 3:35 PM
Development Review Brett Rosenblum Additional Reviewer Completed 09/21/2023 3:35 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
09/21/2023 7:37 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
09/25/2023 3:21 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 09/26/2023 8:26 AM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/10/2023 12:10 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2023 4:40 PM
Growth Management Community Development Department James C French Growth Management Completed
11/01/2023 12:12 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 9:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 9:54 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 10:00 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2023 3:28 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.A.8
Packet Pg. 385
DEL WEBB NAPLES PARCELS 307-310
LOCATION MAP
16.A.8.a
Packet Pg. 386 Attachment: Location Map (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
EARLY WORK PERFORIUANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this ___.]L day of
oeieGi , ana t
jJa, between Pulte Home Companv, LLC hereinafter referred to as
he 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
(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
AuthorizationPermitNo. PL20220003778 (the "Early Work Permit")
NOW, THEREFORE, in consideratron of the foregoing premises and mutual covenants
hereinafler set forth, Developer and the Board do hereby covenant and agree as follows:
5.,1-, ,20
Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2
3
Developer herewith tenders its early work performance security (attached hereto
as Exhibit '4" and by reference made a part hereoO in the amount of$-lt2-s4sps-
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 l\ranager or designee for compliance with the Early Work
Regulations.
4
The County lvlanager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is comptete, 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 Manage/s
approval of the Early Work.
ln the event Developer shall fail or neglect to fulfill its obligatjons under thts
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
6.
16.A.8.b
Packet Pg. 387 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
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 W|TNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this io day of
20 al ' lnl.,
I
SIGNED IN THE PRESENCE OF
Sign: L,-
(Name of Entity)
Pulte Ho
By:
Printed Name Michael Hueniken - VP of Land Development
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
7
Sign
Nl(ot;at:, ,+sT@
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
, Florida
as
W-
0€ra< D- Peerzl
Assistant County Attorney
BOARD OF COLTNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
t R,evtew
as designee of the County
pursuant to Resolution No. 201 5- 162
16.A.8.b
Packet Pg. 388 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
Exhibit tt A"
Performance Security
16.A.8.b
Packet Pg. 389 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
Bond No. 0247331
KNOW ALL PERSONS BY THESE PRESENTS: that
PULTE HOME COMPANY, rIC
243 ,11 WATDEN CENTER DRIVE, STE 3OO, BONITA SPRINGS, FL.
34134
(hereinafter refened to as "Ownef) and
Berkley lnsurance Company
412 Mt. Kemble Ave, Suite 310, l\4orristown, NJ 07900
973-775-5076
(hereinafl€r referred lo as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafler
refened to as "County") in the total aggregate sum cf ONE |-U]{DREO TWELVE TIpUSA{O NINE
FORTY AilO @10 Dollars ($ 112,940.00) in lawful money of the United States, for the payment of
which sum well and truly to be made, we bind ourcelves, our heirs, executors, administrators, successors
and assigns, iohtly and severally, rirmly 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. Pt20220003118 and that certain Early
Work Authorization shall include specific improvements which are required by Collier Counly
Ordinances and Resolutions (hereinafter "Land Oevelopment Regulations"). This obligEtion of the Surety
shall commence on the date this Bond is executed and shall conlinue until the completion of the work
and approval by the County of the specitic impro/ements described in the Land Oevebpment Regulations,
or until issuance of a subsequenl final development order such as an Site Oevolopmert Plan (SDP) or
Subdivis on 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 sha,l well, truly and faithfully perform its obligations and duties in
accordance with the Land Oevelopment Regulations during the guaranty period established by the County,
and the Owner shall satisry all claims and dernands incurred and shall fully indemni! and save harmless
the County from and against all costs and damages which it may suffer by reason ol Owneds 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, othe/wise to remain in fullforce and sffect.
PROVIOEO, FURTHER, that the said Surety, for value received hereby, slipulates and agrees that
no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall
in any way affect its obligEtion on lhis Bond, and il does hereby waive notice of any such change,
extension of time, alteration, addition or deletion lo the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shatl 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 Developmenl Regulations.
The term "Amendment," wherever used in this Bond, and whether referring lo this Bond, or olher
documents shall include any alteration, addition or modification of any character whatsoever.
lN WITNESS WHEREOF, the parties iereto have caused thb P RFORMANCE BONO to be executedthb 6TH dav of Julv. 2022
WITXESSES:PULTE M coM
---7Nrns
Ross Ripple
Gregory S. Rives, Assistant Treasurer
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
16.A.8.b
Packet Pg. 390 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
THE FOREGOING PERFORMANCE BONO WAS ACKNOWLEDGEO BEFORE ME BY MEANS OF
El qryvstcru eRESENcE oRE otrr-rrue NorARtzAloN THts 611_ oAy oF Iune ,M '" , BY (NAME OF ACKNOWLEDGER} AS (TITLE) OF (NAME OF COMPANY) WHO IS
5147E gp, Georgia
coUNry OF Cobb
EEESIMIIIJNgWN rO ME, OR HAS pRoDUcED _ AS |DENIF|CAION.
Notary Pubtic - sta," o1 Georgia
T essl
WITNESSES
By
lrma Polk [/atthew Erra, Attorney-in-Fact
Printed Name
J
:
I
ni
Berkley lnsurance Company
7127:,--=
Buchanan
Printed Name
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BE FORE ME BY MEANS OF
PHYSICAL PRESENCE OR D ONLINE NOTARIZATION THIS 6th DAY OF Jul
?o 22 BY Matthew Erra as Attorney-in-Fact of Berkley lnsurance Company WHO IS
PERSONA LLY KNOWN TO ME, OR HAS PRODUCED N/A AS IOENTIFICATION
Notary Public - State of Arizona
Je Pol
ted Nam POTJ(
NOTARY PUBLIC . ARIzOM
MAft@PA COIJNTYoo uEistoN t s8a824
Y COtltlFSTON EXBRSI
T JESSICA MASX
Notary Public - Stat? of C,eorgia
Cobb County
My Commilsion Expire! Feb ?1 , 2026
(SEAL)
ACKNOWLEDGEMENT
Printed Name/title
(Provide Proper Evidence of Authority)
STATE OF ARIZONA .
COUNTY OF MARICOPA ,
0
a
l4.E'Si26r(}6
16.A.8.b
Packet Pg. 391 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
No. BI-7991g-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSTIRANCE COMPANY (the "Company"), a corporation duly
organized and existing underthe laws of the Stateof Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Jeremy R. Polk or Mutthew Erra of (lSI Insurance
Services, LLC of Phoenix, AZ its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to
execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception ofFinancial Guaranty Insurance,
providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent
as ifsuch bonds had been duly executed and acknowledged by the regularly elected officers ofthe Company at its principal office
in their own proper persons.
This Power of Attomey shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attomey-in-fact and revoke any power ofattorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power ofattomey or certification thereofauthorizing the execution and delivery ofany bond, undertaking, recognizance, or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WTINESS WHEREOF, tLe Coryuy has caused these preseuts siped and atested by its appropriate ofEccrs md its
co,rporarc seal hereuuto afExed &is 30th &y of
Atest Insurance
By
Executive Vico President & Secretary
STrl.TE OF CONNECTICUT )
) ss:
CoUNTYoFFAIRflELD )
Swom to beforo me, a Notary Public in fre State of Connocticu!
and lcftey lvL Hafcr vfro are swc,rn to me to bc 6e Execr-trivc
respectively, of BerLley Insuaocc Compauy. SrlSffilF
cor,tt{Ecncut
IYOOUt\rlSSloN EXHHE!
APHC.S. e0e{
I,tbc undcrsigpc4
this date.
ftis 30th day of 2021 , by ka S. Ledcrmao
Vice and Scnior Vice President,
Public, State Cornecticut
CERTIFICATE
iBISUR-ANCE COMPA].Iy, DO HEREBY CER.TIFY thatthc forcgoing is a
cif Attomey; th* said Power of Attorney has not beco rcvokod or rcscindcd
forlhltherein, who execr-ded the boud or
July
which this Power of
2022
5EAfr
true, correct aDd
, at _!!h_ oay or
Vinccnt P. Forte
to
16.A.8.b
Packet Pg. 392 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
Exhibit B ttll
Evidence of Signing Authority
16.A.8.b
Packet Pg. 393 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
Prepared by and retum to;
Scolt Clements
Area General Counsel
Pulle Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Florida 32751
1
2
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned offfcer authorized to administer oaths, on this day personally appear8d Seoft M.
Clements, who upon belng duly sworn, deposes and says:
He is over the age ofeighteen (18) years and has personal knowledge ofthe facts stated herein.
l-le is Area General Counsel, Vics President, and Assistant Secretary of Pulte Home Company, LLC, a [,,liclrigan
limited liability company (the 'LLC"), succossor by conversion oJ Pult€ Home Corporation, a Michigan
corpoEtion, which has never been dissolved.
The individuals ldentified below have been duly authorized to execute documents on behalf of the LLC ln
accordance with the Signlng Power Resolutions adopl€d by the LLC as of January '1, 2017, currsntly in sffect and
attached hereto in psrtlnent part as Exhibit'A" (ths "Slgning Powers Resolution'), and such documents, property
executed by the individuals identified below, on behalf ofthe LLC are binding upon the LLC:
AFFIDAVIT
Area President (Florida)
Area Vic€ Prssident - Finance (Florida)
Division President (Southwest Florida)
Vlce President- Operations (Southwest Florida) and
Vice President- Finance (Southwsst Florida)
Director - Finance (Southwest Florida)
Vice President- Flnance and Treasurer
Assistant Treasurer
Vice President - Land Acquisition (Southwest Florida)
Director- Land Acqulsltion (Southwest Florida)
Oirector - Land Acqulsltion (Southwest Florjda)
Vice President- Land Development (Southwest Florida)
Director - Land Developmsnt (Southwest Florida)
Vice President - Construction Operations (Southw€st Florida)
Vice Prosident - Sales (Southwest Florida);and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Vlce Plesident - Purchasing (Southwest Florida)
Director of Product (Florida Zone)
Vlce President and Assistant S€crelary
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwest Florida) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Peter Ksane
Brian Yonaley
Rich Mccormlck
Anthony L Schutt
Naoml Robertson
Danlel Bryca Langen
Gregory S. Rives
Mlchael Woolery
Steven Gust
Glenn Hassnfus
Mike Hueniken
Scoft Brooks
Keith St€wart
Joshua Graeve
Wes Copeland
Travis Hucks
Scott Clements
Mlchael Blake Laplnsky
Craig Russo
Justin Wood
Additjonally and speciftcally, Naomi Robertson, as Dlrector - Finance; Justin wood, as General sales
Manager; Ella Fleming as Dlvlsion Controller: and Laura Ray, Chrlsflcia Marconi, Joann Frazier, Ashtey
Sherrill, Malelne Beltran, and Cindl Diokolmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authorized to execute (i) contracls for the sale of residential hom;s or lots to
consumers (not to anothsr buslness), and (ii) deeds of convsyance and all other documents that are relevant orincident lo the sale and closing of residential homes or lots to consumers (not to another busin6ss), lncludlng any
mortgage-rolatod docum€nts, such as buydown agreements or other relevant documents, on behalf of the-Llo,
and such documents, propedy execut€d by such individuals on behalf ofthe LLC, are binding upon the LLC.
Furlher, Daniel Bryce Langen, as Vice President Finance and Treasurer, and Grsgory s. Rlves, as AssistantTreasurer, hav€ boeo and are duly aulhorlzed to execute bonds and any other bond--rela-ted Oocuments on behalfofthe LLc, and such documents, properry executed on beharfofthe LLc are binding upon the LLc.F:lcroups\sERL.o.Acoetanbm\Foms\AutEi!4stvF pfi c o12O2i (tuI).doc
16.A.8.b
Packet Pg. 394 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)
4.The Signing Powers Resolution, Paragraph C., RESOLUTIONS, l-V, Vll, and Vlll, identifies certain titles in the
Division Specific Signing Power sections, which titles are clarified and shall conespond as set forth below:
A. Omission of the words "Gulf Coast," "North Florida," "West Florida,' 'Florida," "Southeast Florida" or
"Southwest Florida" after an officer's name does not conslitute improper, incomplete or inconect
execution and does not affect or limit the authority of the otheruvise duly authorized officer in any
way;B. Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-level)
Vice President - Finance or a Director of Finance;
C. Division VP/Director of Land DevelopmenUAcquisition shall mean either a Division{evel (i.e., a
Southwest Florida-level) Vice President - Land Development or Vice President - Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e.,
Southwest Florida-level) Vice President - Construction Operalions or a Direclor of Construction
Operations;E. Divisiot/Projel:t Controller shall also mean either Division Controller or Project Controller;F. Division VP of Sales shall also mean Vice President - Sales.
5. The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence ofthe LLC.
6. This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045, Florida Statutes.
,#/4,,
Scott M. Clements
Sworn to and subscribed before me by means of { pfrysicaf presence or- online notarization lhrsfu
2021 , by Scott M. Clements,Area General Counsel, Vice President, and Assistant Secretary of
, LLC, a Michigan limited liability company, on behalf of the LLC, who is personally known to me.
of
V. Costantlno
Notary of Florida
GG929396
Commisslon Explres: AU23/2024
Flcroups\SERLegaAcostantjno\Ftrms\Authority\SwF pHC O.t 2021 (tuil).doc
16.A.8.b
Packet Pg. 395 Attachment: Bond Basis (26741 : EWA Bond Release - Del Webb Naples Parcels 307-310)