Agenda 12/12/2023 Item #16A 8 (Release Performance Bond associated with Maple Ridge at Ave Maria Phase 7B)12/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $85,960,
which was posted as a guarantee for Excavation Permit Number PL20210001856 for work associated with
Maple Ridge at Ave Maria Phase 7B.
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 Maple Ridge
at Ave Maria Phase 7B. The work associated with this security has been inspected, and the developer has fulfilled
his commitments with respect to this security. As-Built lake cross sections have been received, and the lakes were
inspected on October 26, 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
$85,960. 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.8
Packet Pg. 914
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 27106
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $85,960, which was posted as a guarantee for Excavation Permit Number PL20210001856 for work associated
with Maple Ridge at Ave Maria Phase 7B.
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/27/2023 10:16 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/27/2023 10:16 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 10/27/2023 1:17 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/03/2023 1:20 PM
Growth Management Community Development Department Diane Lynch Level 1 Department ReviewCompleted
11/03/2023 3:01 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2023 11:25 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/13/2023 5:54 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 11:29 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:51 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 5:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/29/2023 10:45 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/30/2023 11:52 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.8
Packet Pg. 915
MAPLE RIDGE AT AVE MARIA 7B
LOCATION MAP
16.A.8.a
Packet Pg. 916 Attachment: Location Map (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this .-lJ* kOay ot
October, 2021 between CC Ave Maria. 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 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. PL2021000'1856 (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").
2.
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 Manager 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 Manageds 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
security, shall be liable to pay and to indemnify the Board, upon completion of such
1
J
4
b
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $85.960.00.
16.A.8.b
Packet Pg. 917 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
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 WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this "Z7Pt day of October, 2021 .
SIGNED IN THE PRESENCE OF CC Ave Maria, LLC
Sign AF
By:
lorida I ited liability company
Printed Name
sbh:, ,
\I)'illut"F
Printed Name
ATTEST:
ktprbNuus
Brian Gogue ce President
Evidence of signing authority attached
hereto as Exhibit ^6" .
OF COLLIER CO Ft-oRIDA
By
I ttRe I re 'vas designee ofthe County anager
pursuant to Resolution No. 2015-162
Jelr; Cook, Dlra cto?
Dewe 1op[c]rt Revl6w Dlvl s lau
ht4drcY t\nf,CDC k
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
ved o ,fr gality
Dcrck D. PcrrY
Assistant County Attorney
7.
BOARD OF COLINTY COMMISSIONERS
16.A.8.b
Packet Pg. 918 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
EXHIBIT "A,,
BOND NO: 7901079759
PERFORI\,,IANCE BOND
FOF EXCAVATION WORK
For Maple Ridge at Ave Maria Phase 78
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Street, Suite 200
Coral Gables, Florida 33134
(hereinalter rererred to as "Owner") and
Nationwide Mutual lnsurance Company
1 100 Locust Street, Dept 2006
Des Moines, lA 50391-2006
(866) 387-04s7
(Hereinafter referred to as "Surety") are held and lirmly bound unto Collier County, Florida, (hereinafter
relerred to as "County") in the total aggregate sum of Eiohtv Five Thousand Nine Hundred Sixtv Dollars.
G95p09J00) 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. Pt20210001856 and that certain excavation permit 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 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 faithlully 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 lully indemnify and save harmless
the County lrom and against all costs and damages which it may suffer by reason of Owner's Iailure to do
so, and shall reimburse and repay the County all outlay and expense which the County may incur in making
good any delault, then this obligation shall be void, otherwise to remain in lull force and elfect.
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 ol any such change, extension
ol time, alteration, addition or deletion to the proposed specilic improvements.
PBOVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without lormal and separate amendments hereto, so as to bind the Owner
and the Surety to the full and faithlul 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 modilication ol any character whatsoever.
[15-LDS-01664/1 153600/1]
16.A.8.b
Packet Pg. 919 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
lN WITNESS WHEREOF, the parties hereto have caused this PEBFOBMANCE BOND to be executed
this 27th dav of October. 2021
WITNESSES:CC Ave Maria , LLC
A Florida a limited liability company
Printed Name By:
Brian Goguen, Pr
Print Name/Title
Print ed Name
t
O,,L
Evidence of signing authority attached
hereto as Exhibit "6d
ACKNOWLEDG EI/IENT
TrlL\\h-0M3
srArEoF Floc').
COUNTY OF
THE REGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFOBE ME BY I\4EANS OF
HYSICAL PBESENCE OR ONLINE NOTARIZATION THIS DAY OF ox*th<r
2O-Z-\ ,BY BRIAN GOGUEN AS VICE PRESIDENT , OF WHO IS PE ALLY KNOWN TO ME, OR
))lL
BSON
N Public - State or Fh, r idc.
T/'
(SEAL),
Printed Name ir-.D )*t-rZ c0
li
WITNESSES:
Printed Name: Taylor Edwards
t"d
Printed Name: Doris Wiggins
Nat de Mutual lnsurance Company .
By:
,.1):
Charity Moser, Attorney-ln-Fact
(Provide Proper Evidence of Authority)
I
4.,'
KIM O DAVIDSON
l'iolary Public - Shle oi F or da
Conrmrssrol GG 15,1/82
MyCorim Erirres Feb 19 2022
8.{rc.d t'md \rallia Nota.yAse
[1s LDS 01664/1153600/rl
EXHIBIT,,A,,
WW
-ta.,,(n il^^ra"-L
/l
I
HAS PRODUCED OF
-
AS IDENTIFICATION.
A odar-'
Y lt /I
,,;;1,1,1,i'I
l-\
16.A.8.b
Packet Pg. 920 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
ACKNOWLEDGM ENT
STATE OF Florida
COUNry OF Collier
THE FOREGOE pHvsrcel
20 2l ,BY
ING PEBFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PBESENCE OB f]ONLINE NOTARIZATION THIS IlT DAY OF OqOAE4Cu{JttT1 m6-ea- 49 f,lryps1ll- Fur OrTtmrtuu $tguefiwaO tS
PERSONALLY KNOWN TO ME , OR HAS PRODUCED OF
Notary Public - State of FLDelDn
/
Printed Name D/qlE L'Vt AEZ|
l,l-EIS 02650/7
AS IDENTIFICATION
(SEAL)..+lit..-.*".,.
?,Aii
DIA{E L. VIGNERI
lilY COiIMISSION # HH 010873
EXPIRES:fiy 13,2024
Bond6d ]h,lJ Nohry Puuic Ui&ndb.e
[15- LDS-01664/11s3600/1]
EXHIBIT,,A,,
16.A.8.b
Packet Pg. 921 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mulual lnsurance Company, an Ohio corporaton
hereinafter refened to severally as the "Company" and collectively as'the Companies" does hereby make, constitute and appoinl:
CHARITY A MOSER: DOTIGLAS E BAIRD:
each in their individual capacity, its true and lalvful attomey-in-facl, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding lhe sum of
UNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized ofiice.s ofthe Company; and allacts
ofsaid Attorney pursuant to the authority given are hereby ratified and confimed-
This power of attomey is made and executed pursuant to and by authority of the following resolution duly adopted by lhe board of directors ofthe Company:
0000053623
'RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attomeys-in-fact ofthe Company,
and lo authorize them to execute and deliver on behalfof the Company any and all bonds, forms, applications, memorandums, undertakings,
re@gnizances, transfers, contracts of indemnity, policies, contracts guarantoeing the fdelity of persons holding positions of public or private lrust, and other
writings obligatory in nature that the business ofthe Company may require; and to modify or revoke, with or without cause, any such appointmenl or
authorityi provided, however, that the authority granted hereby shall in no way limil the authority ofother duly authorized agents to sign and countersign any
of said documents on behalf of the Company.'
'RESOLVED FURTHER, lhat such altomeys-in{act shall have full power and aulhority lo execute and deliver any and all such documents and to bind the
Company subject to the lerms and limitations ofthe power of attomey issued lo them, and to affx the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity ofany such documents.'
This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors ofthe Company
Execution of lnstruments. Any vice president, any assistanl secretary or any assistant keasurer shall have lhe power and authority to sign or attest all
approvtddoctmenGllnatrumenls, contracts, or other papers in conneclion wilh lhe operation ofthe business ofthe company in addition to the chairman of
the board, the chief execulive offlcer, president, keasurer or secretary; provided, however, the signature ofany of lhem may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
lN WITNESS WHEREOF, the Company has caused this instrument to be sealod and duly atlested by the signalure of its officer the 20th day of August, 2021
Anlonio C. Albanese, Vlca Presldent of Nationwide Mutual lnsurance Company
ACKNOWLEDGMENT
S*elrtrcr$"
STATE OF NEW YORK COUNW OF NEW YORK: ss
On this 20th day of August, 2021, before me came lhe above-named ofilcer for the Company
aforesaid, to me pelsonally known to be the officer described in and who executed lhe preceding
instrument, and he acknowledged lhe execution ofthe same, and being by me duly
swom, deposes and says, that he is lhe offic€r of lhe Company aforesaid, that the seal affxed
hereto is lhe corporate s€al of said Company, and the said corporate seal and his signalure were
duly affixed and subscribed to said instrument by the authority and direclion of said Company.
CERTIFICATE
l, Laura B. Guy, Assistant Secr€tary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a tnre and corect transcript from the minutes ofthe meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution ofthe foregoing power of atlorney the duly eloctod
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said inskument by the authority of said board
ofdireclors; and lhe foregoing power of attomey is still in fullforce and effect.
Stsphanlo Rublno M.&hur
Nolary Public, St8le of NM Yoi(
No.02MCj270117
Oualrilod in N€w Yol( Co.ly
C6mmissia. Erones O.l.t.r 1q 707c
l.rOlr.rr.r@n&.-
no14d I aay or
fiar,,<t g-AVlN WITNESS WHEREOF I haveOdobef .Zszl hereunto subscribed my name as Assistant Secretary, and afllxed the corporate sealof said Company lhis
Assistant Secretary
BDJ 1(08-21)00
rqhlhand corner. Conlacl us ai 212 32S 6900 il lhis d@uftsnl is vod or il,ou have any questions.
Power of Atlornoy
lUt--
16.A.8.b
Packet Pg. 922 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
F,XIIIBIl'"r]"
rVR]TTEN CONSENf
OF
THE BOARD OF DIRECTORS
OF
CC AVE MARIA, LLC
,.(
DATED AS OF FE'*gAgY -.,iOTI
The undersigned, Boord of Dircctors (the "!994[') of CC AVE MARIA, LLC, a Florida
limircd liability company (thc "Co"Eps!.t''), hcrcby consents to tlc adoplion of the follorving
rcsolulions:
Eleclion of Olliccrs
RESOLVED, that cffcctivc as ofthis date lhal th. tollowing pcrsons be
clected to the oflices ofthc Company scl forlh opposile (heir namcs bclorv to
scrvc in such capacities unlil thcir rcspcctivc successors shall fiave bcen duly
clcctcd and shall havc qualilied:
Jomcs l!1, Corr
K. Larvrcncc Gragg
Andrcs Miyarcs
Hsrold L. Elscnachcr
Brlan Gogucn
Blakc Gublc
Disrs Ibsrri!
Prcsidqnt aud Arsisltnt Sccrc(tr)'
vicc Prcsidcot, AssiJtrnt Secretrrt snd
A$istlna Trcssurcr
Vicc Prcsidclll
Vicc Presideol ond Trcssurcr
Vicc Prcsldenl
Visc Prcsidcnt
Vicc Prcsidcnl
Ssls of Homcs ot Msnlc Rldsc
WHEREAS, thc Company is the owner and dcvcloper of cenain singlc
family residcntial homcs (thc "Homes') localcd in a projccl k own as "Maplc
Ridge at Avc Maria" in Collicr County, Florida;
WHEREAS, thc Board deems it to bc in lhc bcst interest of lhc
Company to scll flom timc to lime (cach,8 "Sglg") thc homes pursuanl to a
Maplc Ridge !t Ave M8rir Purclrase Conlract (thc "AgIgg4gq!') by and
bctwcen the Compa-ny, as scllcr, 8od cach of the buycrs pany hcrcto (lhc
"Purchaser").
NOW, THEREFORE, BE IT
RESOLVED, that thc Prcsident or any Vice Prcsidenl of the Compony (the
"nulhorizcd Reorcsenhlivc") bc, and hcreby is, authorizcd and empowcrcd to
cxc'cutc snd dclivcr, on bchalt of the Company, nny and all documcnts rcquired in
16.A.8.b
Packet Pg. 923 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
connection with coch Salc, including, without limitation (a) Moplc Ridgc ol Avc
Maria Purchase Contracl, (b) o Spccial Woronty Deed in favor of Ihc Purchucr, (c)
an Ohner's Amdavit, (d) a FIRPTA Affidavit, (c) Termination o[ Noricc of
Commcnccmcnq (0 a Closing Stalcmcnq snd (g) such otber documcnls as may be
ncccssary to eflecl such Sal. (coll€ctively, ftc "Sqb-P$gmg!!s")i snd be il
RESOLVED, that cach Authorized Rcprcsentativc, acting alone, be, ard
hcrtby is, authorizcd and dirccted to enter into, execute, md dclivcr thc Sale
Documcnts on bchalf of the Company, with such additions, dclctions, or chongcs
lhcrcin as such Authorized Represcnl8tivc cxccuting the Salc Documcnts shall
opprovc, such approval to be conclusivcly cvidcnccd by the exccution thcrcof, as
wcll as to do and pcrform, or cause to bc donc and pcrformcd, all such other acts,
deeds and things, ond to mskc, cxscule and dclivcr, or crusc to bc madc, executed
ord delivered, all such othcr ogrccmcnls, underlakings, documcnls, instnrmen$ or
ccnilicales, for thc Company or thc Company as the casc may be, [5 (he
Authorized Rcpresenlativc may dccm neccss$y or oppropriate to cffcctuate or
carry out fully thc purpose and inlent ofthe foregoing rcsolutions ard to bc in the
bcst inlcrcst of the Company or thc Company (as conclusively cvidenccd by thc
toking of such action or lhc cxcrution and delivery of such agrccmcnts,
undcnakings, documcnts, instruments or ccrtificstcs, as the casc may be, by or
undcr thc dircction of rny outhorized agcat), snd th8( sll [cis, deeds and lhing:
heretofore done or pcrformed by fte ogcnts of thc Company in connection rvith
each Sale bc, and hcrcby orc, approved, ratifled and conlirmcd in all respects ond
shall corlstitute thc scG Bnd obligations of the Company, inespc-ctive of *'hethcl
such octs or documents wcrc pcrformed bcfore or subscqucnt to thc dale of tll€
adoption thereof; and bc it furt-hcr
RESOLVED, that this Conscnt may bc crccuted in any numbcr of
counlcrporls snd b)'thc scparatc parlics hcrcto in scpard(e countcrpsG, csch of
rvhich shall bc dccmcd to bc onc and the samc instrumcnt; and be it furrhcr
RESOLVED, thst this Collsent shall continuc in full forcc and cfFecl ond
may be relicd upon by cach Purchaser and its titlc insuronce undcrwritcr until
rcccipt oI a wdtlcn nolicc of any change herein.
[Signoturcs on following page]
16.A.8.b
Packet Pg. 924 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)
\\rittcn
The ufidersigned havc hereby excsuted this Consent as ofthe dalc frrs! obovc
BOAU) OT'DIRECTORS:
Cablc
Gragg
Coguen
16.A.8.b
Packet Pg. 925 Attachment: Bond Basis (27106 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 7B)