Agenda 12/12/2023 Item #16A 7 (Release Performance Bond associated with FPL Puma Transmission Substation)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $68,780,
which was posted as a guarantee for Excavation Permit Number PL20220003792 for work associated with
FPL Puma Transmission Substation.
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 Performance Bond was posted as security for an Excavation Permit associated with FPL Puma
Transmission Substation. The work associated with this security has been inspected, and the developer has fulfilled
his commitments with respect to this security. The As-Built lake cross sections have been received, and the lake
was inspected on October 17, 2023, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee an d 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
$68,780. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item,
advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, GMCDD, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.7
Packet Pg. 902
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 27103
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $68,780, which was posted as a guarantee for Excavation Permit Number PL20220003792 for work associated
with FPL Puma Transmission Substation.
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/26/2023 9:36 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/26/2023 9:36 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 10/26/2023 10:27 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/03/2023 1:19 PM
Growth Management Community Development Department Diane Lynch Level 1 Department ReviewCompleted
11/03/2023 2:57 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2023 11:26 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/14/2023 2:57 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 11:26 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:43 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 4:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:21 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 10:34 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/30/2023 11:44 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.7
Packet Pg. 903
FPL PUMA TRANSMISSION SUBSTATION
LOCATION MAP
16.A.7.a
Packet Pg. 904 Attachment: Location Map (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEIvIENT entered into this ll'' day of
4., 2022 between Florida Power & Lioht Co. 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 Excavation Permit No. PL2O22OOO3792 (the
"Excavation 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 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 $ 68,780 .
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 until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work is
reviewed and approved by the County ltlanager or designee for compliance with
the Excavation Regulations.
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 maintained,
pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
1
4
5
2.
J.
6.
16.A.7.b
Packet Pg. 905 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
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 ti' day of ,1k,i,.:r , 20 lL .
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.
SIGNED IN THE PRESENCE OF Florida Power & Light Co
Je C
n:
Manny Miranda
Executive Vice President, Power Delivery
Provide Proper Evidence of Authority)
Col Beem
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER , FLORIDA
By
Crystal K. Kinzel, CLERK
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015- 162
of the Circuit Court & Comptroller
County, Florida
to
rek D. Perry
Assistant County Attorney
il
By
C
legality:
16.A.7.b
Packet Pg. 906 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
Exhibit tt A"
Performance Security
16.A.7.b
Packet Pg. 907 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond #019084749
KNOWALL PERSONS BY THESE PRESENTS: that
Florida Power & Light Co.
700 Universe BIvd.
Juno Beach, FL 33408
(hereinafter referred to as "Owner") and
Liberty Mutual lnsurance Company
175 Berkley Street
Boston, MA 02116
(hereinafter referred to as ''Surety") are held and firmly bound unto Collier Coung, Florida, (hereinafter referred to as
"County") in the total aggregate sum of Sixty-Eioht Thousand Seven Hundred Eiqhtv & 00/100 Dollars ($ 68,780.00_) in
lawful money of the United States, forthe payment of which sum welland truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surely 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
cerlain excavation permit no. P120220003792_ and that certain excavation permit shall include speciflc improvernenls
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 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 lhe 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 shatl satisfu all
claims and demands incurred and shall fully indemnify and save harmless the County from and against all cosls 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 delelion 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 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
4th day of Auqust, ?022
WI Florida Power & Light Co.
rI CK
Printed Name Executive Vice President, Power Delivery
Printed t'l.m.UttOrrA IcfrS
Printed Name/Title
(Provide Proper Evidence of Authority)
[ 1s-IDs-01664/1 1s3600/11
{,r\^<.F - >
Manny
\,,rf,ln r i.\
16.A.7.b
Packet Pg. 908 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
ACKNOWLEDGEMENT
FOREGOING PERFORMANCE BOND WAS ACKNOVVLEDGED BEFO ME Y MEANS OF Pluan1 l4"andnTHF
VIP HYSICAL PRESENCE OR ONLINE NOTARIZATION THIS /D DAY OF
ACKNO\A/LEDGER) AS (TITLE) OF (NAME OF COMPANY)WHO IS PER LLY
PRODUCED AS IDENTIFICATION,
Notary Public - State of Fln.,lo
Mq.0/ t{€,"r
U 20 A). , BY (NAME OF
, OR HAS
(SEAL)
Pri Name
WITN E mLiMutual lnsu
By:
Printed Name: Amanda Allie
Benjamin A. Stahl, Attorney-in-fact
(Provide Proper Evidence of Authority)
Printed Name: Megan Douaire
ACKNOWLEDGMENT
STATE OF Georqia
COUNTY OF Fulton
r# roRecotttc pERFoRMANCE BoND wAS ACKNowLEDGED BEFoRE ME BY MEANS oF
M pHvsrcnl PRESENCE OR relNLrNE NOTARIZATION THIS 4th DAY OF Auoust. , 20---22-, BY
Benjamin A. Stahl AS Attorney-in-Fact OF Liberty Mutual lnsurance Company WHO lS PERSONALLY KNOWN TO ME, .
...-ffi
Notary Public - State of Georqia
Printed Name , Elizabeth K. Sterling
r4-EIS-02650/7
s
2.Ry
i#llot'ry Putrlc Sfr o, Flod*,rrrqb Forin
It, Canmado., HH 06506eE4i!r t l/toraDa
[1s-LDS{16e/11s3600/11
STATE OF Ftorrda-couNttoF@_
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16.A.7.b
Packet Pg. 909 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
Libertv
Mutudl"w
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company excepl in the manner and to ths extent herein stated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company is a corporalion duly organized under the laws of the State of New Hampshire, that
Stahl. Elizabeth K. Sterling. Megan K. Douaire
all of the city GA each individually if there be more than one named, its true and lawful attomey-inJact to make,
execute, seal as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
pers0ns.
lN WTiESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 3 lst day of January 2022
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West lnsurance Company
By
David M. Carey, Assistant
CertificateNo: 8207208-016072
SURETY
State of PENNSYLVANIA
County of MONTGOMERY
On this 3 I st day of January 2022 belore me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual lnsurance
Company, The Ohio Casualty Company, and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein contained by signing on behalfofthe corporations by himselfas a duly authorized officer.
lN WITNESS WHEREOF, I have hereunto subscribed my name and aflixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
SS
l,fr//-By:
As$ciation of Notaries
This Power of Attomey is made and executed purcuant lo and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual
lnsurance Company, and West Amencan lnsurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE lV - OFFICERS: Section 12. Power of Aftomey.
Any ofiicer or other official of the Corporation authorized for that pumose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal o{ the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and atlested to by the Secretary. Any power or authority granled to any representative or attomey-in{act under the
provisions of this article may be revoked at any time by the Board, lhe Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE Xlll - Execution of Conkacts: Section 5. Surety Bonds and Undertakings.
shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations,
Company, wherever appeanng upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon lhe Company with
the same force and effect as though manually affixed.
l, Renee C, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do
has not been revoked.
It{ TESTIIilONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Cay of ,Ang -
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My mmmission expires March28,2025
1912 1919 1991
LMS-12873 LMIC OCIC WAIC Multi Co 0Z2l
By:
'Liewellyn, Assistant
2022
16.A.7.b
Packet Pg. 910 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
Exhibit u B tt
Evidence of Signing Authority
16.A.7.b
Packet Pg. 911 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
2022 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUT\4ENT# 106395
Entity Name: FLORIOA POWER & LIGHT COMPANY
Current Principal Place of Business:
FILED
Apt 25,2022
Secretary of State
6876388975CC
7OO UNIVERSE BLVO.
ATTN: CORP GOV
JUNO BEACH, FL 33408
LEE, DAVID I\,{.
7OO UNIVERSE BLVD
JUNO BEACH, FL 33408 US
Current Mailing Address:
7OO UNIVERSE BLVD.
JUNO BEACH, FL 33408 US
FEI Number: NOT APPLICABLE
Name and Address of Current Registered Agent:
Certificate of Status Desired: No
The above named ontily submrts this statanent for the purpose of changing its regislered ofrice or r$gisteted agenl, or both, in lhe Slate of Floida.
SIGNATURE: DAVID M. LEE 0412512022
Electronic Signature of Registered Agent
Offi cer/Director Detail :
Title DIRECTOR, CHAIRN4AN, PRESIDENI,
cEo
Name SILAGY, ERIC E.
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
Titlo VP
Name REAGAN. RONALD R,
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
Title ASSI. SECRETARY
Name SARTOR, SHARON
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
Title VP
Name REESE, JOSEPH A.
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
DIRECTOR, EVP FINANCE, CFO
CREWS, TERRELL KIRK II
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
VP, SECRETARY
SEELEY. W, SCOTT
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
SOLE, MICHAEL W.
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
SENIOR VP
MIRANDA, MANUEL B.
7OO UNIVERSE BLVD,
JUNO BEACH FL 33408
Date
Title
Name
Address
City-State-Zip
Titlo
Name
Add.ess
City-State-Zip
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State.Zip
Continues on page 2
oak: liat I a; a, afflcor or dtactat ot the @rantion ot the raceivor or ttstee qnpower.t to oracnta this rpotl as rquigd by Chaptet 607, Ftodde Statutes; and thal ay neha appeaB
abow, or on an atlachne.! wilh all othat ljke enpowered.
STGNATURE: SHARON SARTOR ASSTSTANT SECRETARY 0412512022
DaleElectronic Signature of Signing Otficer/Oirector Detail
16.A.7.b
Packet Pg. 912 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)
Officer/Director Detail Continued :
Titl€ VP
Name TOBIN, BRIAN
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
Title VP
Name RAUCH, PAMELA M.
Address 700 UNIVERSE BLVD.
City-State-Zip: JUNO BEACH FL 33408
PRIORE. CARMINE A. III
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
CHAPEL, CHRISTOPHER
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
TREASURER
CUTLER, PAUL I,
7OO UNIVERSE BLVD.
JUNO BEACH FL 33408
RUBIO, ALEX
7OO UNIVERSE BLVD.
ATTN: CORP GOV
JUNO BEACH FL 33408
COFFEY, ROBERT
7OO UNIVERSE BLVO.
ATTN: CORP GOV
JUNO BEACH FL 33408
LEMASNEY, I\4ARK
7OO UNIVERSE BLVD.
ATTNr CORP GOV
JUNO BEACH FL 33408
DAGGS, NICOLE J.
7OO UNIVERSE BLVO.
ATTNr CORP GOV
JUNO BEACH FL 33408
8ROAD. TOI,,I
7OO UNIVERSE BLVD,
ATTN: CORP GOV
JUNO BEACH FL 33408
DIRECTOR
KETCHUIVl, JOHN W.
7OO UNIVERSE BLVD,
JUNO BEACH FL 33408
Title
Name
Address
C ity-State-Zip I
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip I
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State-Zip:
TiUe
Name
Address
City-State-Zip:
Ti{e
Nam6
Address
City-State-Zip:
Title
Name
Addr€ss
City-State-Zip
16.A.7.b
Packet Pg. 913 Attachment: Bond Basis (27103 : Excavation Bond Release - FPL Puma Transmission Substation)