Agenda 12/12/2023 Item #16A 2 (Release Performance Bond with Juniper Pointe)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $64,200,
which was posted as a guarantee for Excavation Permit Number PL20210002845 for work associated with
Juniper Pointe.
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 Juniper Pointe. The As-Built lake cross sections have been received, and the lake was inspected on
October 12, 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: There is no growth management impact 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 in the amount of
$64,200. 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.2
Packet Pg. 802
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 26978
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $64,200 which was posted as a guaranty for Excavation Permit Number PL20210002845 for work associated
with Juniper Pointe.
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/13/2023 2:21 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/13/2023 2:21 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 10/13/2023 3:58 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/17/2023 1:07 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 10/17/2023 1:10 PM
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
10/27/2023 2:52 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/13/2023 5:56 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 11:27 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:46 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 4:52 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:40 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/29/2023 10:37 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/30/2023 3:46 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.2
Packet Pg. 803
JUNIPER POINTE
LOCATION MAP
16.A.2.a
Packet Pg. 804 Attachment: Location Map (26978 : Excavation Bond Release - Juniper Pointe)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered this 4th day of N ember
2021 between Toll Southeast LP Companv. Inc. 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 al 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 Excavatron Permit No. _ (the "Excavation
Permit"). P\2O21OOO2845
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 $64,200.
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 untrl 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 Gounty 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 Manage/s approval of the Excavation Work.
6
2
3
4
5
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 satisfaitory
completion, repair and maintenance of the Excavation Work. The Board shailhave the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisemenl and receipt and acceptance of bids,the Excavation Work. The Developer, as principal under the excavation
16.A.2.b
Packet Pg. 805 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
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 Iimited 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.
7. 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 have caused this Agreement to be
executed by their duly authorized representatives this ! day of Noue.n bJr, 20 a\.
SIGN
Sign:
THE ENCE OF:
Printed Name
Sign:
P ame
ATTEST:
Crystal K. Kinzel, CLERK
the Circuit Court & Comptroller
a legality
D. Perry
Assistant County Attorney
(Toll Southeast LP
By
Brock Fanning/President
Evidence of Signing Authority attached
hereto as Exhibit "8".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COLINTY, FLORIDA
By:l/t/,e''
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015- 162
Bass
By:
16.A.2.b
Packet Pg. 806 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
Exhibit u A tt
Performance Security
16.A.2.b
Packet Pg. 807 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
PERFORNNANCE BOND
FOR EXCAVATION WORK BOND NO: 08'1 'l '13'l
KNOWALL 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
2570 Boulevard of the Generals
Norristown, PA 19428 484-577-7604
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Sixtv-Four Thousand Two Hundred and 00/100 Dollars ($64,200.00) in lawful
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 excavation permit no. PL2021OO02845 and that certain excavation permit shall include specific improvements
which are required by Collier County Ordinances and Resolutions (hereinafler "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
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,
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
obligalion 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 referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
llTHday of NOVET\48ER,2021
WITNESSES:Toll Southeast LP Company, lnc.
=tfua (ad.
Printed Name
K*c printed Name/ritre SEh^l UF'liS(|/ \tlfgfu
(Provide Proper Evidence of Authority) 'Printed Name
Evidence of Signing Authority attached
hereto as Exhibit "B".
[ 1s- LDS-0].66411 1s3600/11
T-n^ t1
16.A.2.b
Packet Pg. 808 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
THE FOREGOING PERFORT\4ANCE BOND WAS
NIPHYSICAL
OF ACKNOWL
PRESENCE OR ONL|E NOTARTZA
(TTTLE) OF (NATUE OF COTUPANY)
AS IDENTIFICATION.
EDGER) AS
ACKNOWLEDGENNENT
ACKNOWLEDG
TION THISIS}
ED BEF EMF BY MEANS OF
DAY OF 20
WHO IS P
PRODUCED OF
BY (NArVlE
ME, OR HAS
(sEAL)
Notary Pu - State of
P ruame&_Oi\
E1_\i,
Harco National I Company
Printed Name Theresa Bassett
,t Daniel P. Dunigan, Attorney-in-Fact
(Provide Proper Evidence of Authority)
Printed Name Elizabeth
ACKNOWLEDGIMENT
STATE OF PA
COUNTY OF CHESTER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
I eHvstcAl PRESENCE oR oNmE NorARrzATroN THrs 11 TH DAy oF NovEr\rBER ,2021, By Daniet p
Dunigan AS ATTORNEY-lN-FACT OF HARCO NATIONAL INSURANCE COIVPANY WHO lS PERSONALLY KNOWN
TO ME..
Notary lic - State of
Printed Name Arlene Ostroff, N Public
sd
lf,3,2t2a
1121m1
I 1-F.tS-0265(y7
[ 1s- LDS-01664/1 1s3600/1]
I
srArE oFI-(sri d-{
COUNTY OF L-p o
Horid ".
.)-.
(SEAL)
JEAN ROORI6UEz
liotary Public - State af Florida
Commirsion ; HH t07g3l
lry Comm. Eipires Jun 5. 2025
through riationa.fiotary A5s..
16.A.2.b
Packet Pg. 809 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
POWER OF ATTORNEY
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT lnsurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY. a corporalion organized and existing under lhe laws of
the State of lllinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY. a corporation organized and exisling under the laws of the State of New
Jersey, and having their principal offices located respectively in the cities of Rolling Meadows. lllrnois and Newark. New Jersey, do hereby conslitute and
appoint
RICHARD J. DECKER, WILLIAIVI F. SIIVKISS, JOSEPH W. KOLOK, JR., BRIAN C. BLOCK, JAMES L. HAHN,
DANIEL P. DUNIGAN
Berwyn, PA
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety. any and all bonds and undertakings, conlracts of
indemnity and olher writings obligatory in lhe nature thereof, which are or may be allowed. required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such inslrument(s) in pursuance of these presents. shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elecled officers at their principal offices.
Thls Power of Attorney is execuled, and may be revoked, pursuant to and by authority of lhe By-Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolulion adopted by the Board of
Direclors of INTERNATIONAL FIDELIW INSURANCE COMPANY al a meeting duly held on the 13th day of December, 20'18 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 1 3th day of December, 2018.
"RESOLVED, that ('1) the Chief Executive Officer, President, Executive Vice President. Senior Vice President, Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited
in their respeclive powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint-control cuslodians, agents for acceplance of process, and Attorneys-in-fact with authority lo execute
waivers and consenls on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certificalion given for the execution of any bond. undertaking, recognizance, contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporalion with the same
force and effect as though manually affixed."
lN WTNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATTONAL
FlDELlry INSURANCE COMPANY have each executed and attested these presenls
on this 31st day of December, 2018
Bond# 0811131
that I have compared the foregoing
forth in said Power of Attorney, with
whole of the said originals, and that
IN TESTIIMONY WHEREOF. I have
STATE OF NEWJERSEY
County of Essex
copy of the Power of Attorney and af{idavit, and the copy of the
the orig inals on ofii ce of said companies. and
been revoked and is now
NOVEIVBER 11.2021
the sa,d
Seclions of the By-Laws of said Companies as sel
that lhe same are correct transcripts thereof, and of the
rn full force and effect
STATE OF ILLINOIS
Counly of Cook .*thlil%
iS: Srnl i3iqiffiChapman
Executive Vice President, Harco National lnsurance Company
and lnternalional Fidelity lnsurance Company
On this 31st day of December,2018 , before me came lhe individual who executed the preceding instrument, to me personally known, and,
being by me duly sworn, said he is the therein described and aulhorized officer of HARCO NATIONAL INSURANCE COMpANy and
INTERNATIONAL FIDELITY INSURANCE COMPANY; that lhe seals affixed to said instrument are the Corporate Seals of said Companies, that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Drrectors of said Companies.
lN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seat, al the City of Newark.
New Jersey the day and year first above wrilten.
Sh irelle A. Outley a Notary Public of New Jersey
CERTIFICATION
It/ly Commission Expires April 4,2023
I. thE UNdETSigNEd OffiCCT Of HARCO NATIONAL INSURANCE COMPANY ANd INTERNATIONAL FI DELITY INSURANCE COMpANy do hereby certify
i*'lj:i&7- i- - atrguro ^ ;j S-,,r';,#$"N
{A,F(,t;t,
strl.
r904
881448
Dot
lrene Martins. Assistanl Secretary
,-]l-*)" A
a
j fl;
t'.
.h
16.A.2.b
Packet Pg. 810 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
Exhibit ttB"
Evidence of Signing Authority
16.A.2.b
Packet Pg. 811 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
DocuSign Envelope lD: DDABDEDT-DGE7-4530-8D09-31 CgE128488A
CERTIFICATE OF GENERAL PARTNER
Dated: July 15,2021
I, Brock O. Fanning, Division President of To11 Southeast LP Company, Inc., a Delaware
corporation (the "Corporation"), do hereby certify and confirm the following:
The Corporation is the general partner (the "General Partner") of each of the Florida limited
parhrerships attached hereto as Exhibit A (collectively, the "Partnerships"), and as General
Partner is authorized to make decisions and act on behalf of each of the Partnerships.
2. Sean Walsh is appointed as an atthoized representative of the Corporation, and he is
individually authbrized, 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 the sale and conveyance of individual homes
or units owned by each of the Partnerships, upon such terms and conditions as he deems
appropriate and in the best interest of the 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, [NC.
By:
,'-Docusis;ed
bY:
I fuorL (ouniwq
u 1 F82D154262943A:!
Brock O. Fanning
Division President
16.A.2.b
Packet Pg. 812 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)
DocuSign Envelope lD: DDABDEDT-D6E7-4530-8D09-3'l C9E"l2848BA
Toll FL Limited Partnership
Toll FL III Limited Partnership
Toll FL XII Limited Partnership
Toll FL XIII Limited Partnership
EXHIBIT A
16.A.2.b
Packet Pg. 813 Attachment: Bond Basis (26978 : Excavation Bond Release - Juniper Pointe)