Agenda 01/09/2024 Item #16A 8 (Release a Performancd Bond for Excavation work assocaiated w/Palisades)01/09/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,880,
which was posted as a guarantee for Excavation Permit Number PL20220000406 for work associated with
Palisades.
OBJECTIVE: To have authorized the release of a Performance Bond that was posted as security 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 Palisades. The As-Built lake cross sections have been received, and the lake was inspected on
November 8, 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 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
$59,880. 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, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.8
Packet Pg. 418
01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 27307
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $59,880, which was posted as a guarantee for Excavation Permit Number PL20220000406 for work associated
with Palisades.
Meeting Date: 01/09/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/20/2023 3:50 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
11/20/2023 3:50 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 11/20/2023 4:41 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/04/2023 8:39 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/04/2023 2:36 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 12/04/2023 6:24 PM
Growth Management Community Development Department Diane Lynch Department Review Completed
12/05/2023 5:55 PM
Unknown Jaime Cook Division Director Completed 12/08/2023 11:22 AM
Growth Management Community Development Department James C French Growth Management Completed
12/12/2023 11:27 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/19/2023 9:02 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/19/2023 9:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2023 9:09 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/26/2023 3:39 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 12/26/2023 4:17 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.A.8
Packet Pg. 419
PALISADES
LOCATION MAP
16.A.8.a
Packet Pg. 420 Attachment: Location Map (27307 : Excavation Bond Release - Palisades)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this
._]LIt,- day of
M\Y 202.:1- between Yarberrv Partners. 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 Collier 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. PL20220000406 (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 $59.880.00.
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 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 Manage/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
1
4
E
6
2.
3.
16.A.8.b
Packet Pg. 421 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
7
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.
NCE OF:
P. EPo*,.)
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this lczlday of nlA'1 ,2072-.
SIGNED TH
S
Printed Name
Sign
PrintedName
ATTEST:
Crystal K. Kinzel, CLERK
the Circuit Court
Derek D. Perry
Assistant County Attorney
Y
By:
-
William G. Price Jr
Manager
Provide Proper Evidence of Authority)
BOARD OF COI.INTY COMMISSIONERS
OF COLLIER , FLORIDA
By:
Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
legality:
16.A.8.b
Packet Pg. 422 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
Exhibit tt A"
Performance Security
16.A.8.b
Packet Pg. 423 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
Bond No 567333
KNOW ALL PERSONS BY THESE PRESENTS: that
YARBERRY PARTNERS, LLC
259 TURNPIKE RD, SUITE 1OO
SOUTHBOROUGH , MA 01772
(hereinafter referred to as "Owner") and
NGM lnsurance Company
4601 Touchton Rd E, Jacksonvitte , FL 32246
(hereinafter referred to as "Surety'') are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggrega te sum of Fifty-nine Thousand. Eiqht H undred Eiqhtv Dollars
and No Cents ($ 59.880.00) 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, joinfly
and severally, firmly by these presents. Owner and Surety are used for singular or plural, as lhe 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. PL20220000406 and that certain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation ofthe Surety shall commence on the date this Bond is executed
and shall conlinue 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, lhat 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 expressty agreed that the Bond shall be deemed amended
automatically and immediately, without formal and sep arate amendments hereto , so as to bind the Owner
and the Surety to the full and faithful performance in accord with the Land Development Regulations.
referring to this Bond, or other documentsThe term "Amendment," wherever used in this Bond, and w
shall include any alteration, addition or modiflcation of an r whatsoever
IN WITNESS WHEREOF, IhE parties hereto have sed is PERF N,4ANCE BOND to be executed
this (d oa yof 5. -<-r€:
WITNESSES Ya tty , LLC
B
U William Depietri - Manager
(Provide Proper Evidence of Authority)
Printed Name
[1s-LDS-o1664/11s3600/1]
l/ta hy(L
Printed Name
PERFORMANCE BOND
FOR EXCAVATION WORK
16.A.8.b
Packet Pg. 424 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
ACKNOWLEDGEMENT
STAT E O F $\cs-..c.e\usc-rt5
COUNry OF L")c,ce -'*).<,<
FORMANCE BOND WAS ACKNOWL
CE OR ONLINE NOTARIZATION
CDr:sosrrs (TTTLE) OF
PERSO{\MV KNOWN TO ME, OR HAS PRODU
Notary Public -
ameRNq,-F.GN}ss-s'
NGM lnsurance Compa
EDGED BEFORE ME
rHts e55AY oF
OF
NAME OF CO
(NAME ACKN
IDENTIFI
BY MEANS f
\lrlllrit
':
P
4I{,rr-
By
,"f
dt.Cr
Printed Name
sM.
Printed Name
STATE OF
COUNTY OF Middlesex
THIwE FOREGOING PERFORMANCE BOND WAS
PHYSICAL PR ENCE OR LIN20_22_,BY t)
(TTTLE) OF (NAM
TO ME, OR HAS PRODUCED O
Richard W. Crawford - Attorney-in-Fact
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
AS IDENTIFICATION.
JAMES M. Cni
Notary pubi .
OF MAS!,i
Commission Fr:
ACKNOWLEDGED BEFORE ME BY MEANS OF
ZATION TH|S _1Or^- DAY OF _May_,
NAME OF ACKNOWLEDGER) 4ltar*te,/' ,., - ti,.-f
E OF COMPANY) WHO rS PERSONALLY KNOWN
ord
Notary Public - State of _Massachusetts_
,/
(*_L
sM. Cr
Name
l 4-Ers-02650/7
26 2'1.; .:
Paula A Callahan
Notary Public
My Commission Expires
March 11,2027
OF
[ 1s- LDS-016il/1 1s3600/1]
My
J
(sEAL)
,r.o
sEir
16.A.8.b
Packet Pg. 425 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
fu] Ncl,a INSURANCE coMpANy POWER OF ATTORNEY
A mffib€r of Th€ Man Smt Am€riE Grcup 06-03104830
Y THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principalKNOWALL MEN B
office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By-Laws of said Company, to
wit:
"Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the
treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute
on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of
indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to
remove any such attorneys-in-fact at any time and revoke the power and authority given to them. "
does hereby make, constitute and appoint Philip B Crawford, Richard W Crawford, James M Crawford,
Katie E Connor, Jeffrey W Crawford
its true and lawful Attorneys-in-fact, to make, execute, seal and deliver for and on its behali and as its act and deed,
bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the
following limitation:
1. No one bond to exceed Five Million Dollars ($5,000,000)
and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the
duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed.
This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted
by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977 .
Voted: That the signature of any officer authorized by the By-Laws and the company seal may be affixed by
facsimile to any power of attorney or special power of attomey or certification of either given for the execution of
any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when
so used being hereby adopted by the company as the original signature of such office and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed.
lN WTNESS WHEREOF, NGM [nsurance Company has caused these presents to be signed by its Vice President,
General Counsel and Secretary and its corporate seal to be hereto affixed this 7th day of January,2020.
NGM INSURANCE COMPANY By:t) , t t, r]tunDuJ4fr dau)
1)
Kimberly K. Law
Vice President, General
Counsel and Secretary
State of Florida"
County of Duval.
On this 7th day of January, 2020, before the subscriber a Notary Public of State of Florida in and for the County of Duval duly
commissioned and qualified, came Kimberly K. Law of NGM Insurance Company, to me personally known to be the officer described
herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn,
deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate
seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument
by the authority and direction of the said Company; that Article lV, Section 2 of the By-Laws of said Company is now in force.
lN WTNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Jacksonville, Florida this 7th day of January,
2020
lr*79,,^\-
I, Nancy Giordano-Ramos, Vice President of NGM Insurance Company, do hereby certify that the above
correct copy of a Power of Attorney executed by said Company which is still in full force and effect.
lN WTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at J
IOY day of rlac+f , 2<.'3.2-
WARNINC: Any unaulhorized reproduction or alteration of this document is prohibited..;
TO CONFIRM VALIDITY ofthe anached bond please call I -800-225-5646. - \
TO SUBMIT A CLAIM: Send all conespondence to 55 West Street, Keene, NH 03431 Attrr:%'
:is
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DocuGard #04546 contaifls a security pantograph. blue background, heat-sensitive ink. coin-reactive waternarR, and nicrobrt printirf|
16.A.8.b
Packet Pg. 426 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
Exhibit ttB"
Evidence of Signing Authority
16.A.8.b
Packet Pg. 427 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
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nranage Iup to sir (6)totall:
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ltnrrorranl ^-otisc: Usc an alachnie l to repod morc than six (6).I'he alrachment s'ill be inraged for rcponing purposcs onl,'-. Non-
indered indivirluals mx], be added ro lhc itdcx rrhen fiting vour l;lorida Dcpart tenl ofStatc r\nnual Rcpon lorm.
9. .\llached is a ccnilicarc ofc\islence. no morc rhon 90 days old. dull authcnticated bl lhe ofncial having crrstodl' of records in thc
jurisdicrion undcr thc lar| of r..hich il is organized. ( lf thc cenificatc is in a foreign languagc. a translation of the cenificate undtr oath
ofrhe translator r ust br submitlcd)
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10. This docunlent is crccuted in accorda cc sirh sccrion 605 0201 (|)(b). Irlorida Sralures. Iant arrarc that an) falsc infornration
subn)iltcd in a docunElll to lhe D.pannlcnt ofSlalc corlslilut third dcgrce felorr; as providcd for in s.8I7.1-s-i. F.S
sisr. tr.or'.hn t{n/!d FE6i
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16.A.8.b
Packet Pg. 428 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)
A fltedorureonoec/ti,ry'-.1/1fu,\.6tctc/ut,tett\t,
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. . ..1-funhcr ccrrii),rhat said Limired l-iabiliry Companv has ljlcd all annual rcporls due aodpaid all lees r*ith respccr ro such rcpons; drar said L,imiicd Liabirity cornpanl, hasir,r tired acenificute ol'cancelialiont rhat (hcrc are no proccedings ;:rcscnrly,pcnding under rhcj\'lassachuscrr.s General l-arvs chaprcr J 56C, g 70 lbr said r-imrtea'liau;ti), Co*rpany's
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I also ccnily rhal (l]e nanres oI all rnanagcrs lisrcd in rhc rnost rccenl filing arc:\\/ILLIA}I it DEPID'|RI, tVII,I-IAIT G PITICE,IIT
.-- I l'urther cenii.r', the namcs ofall persons aulhorized to c\ecutc clocunrcnts fileci qith thjsollice and lisrcd in the nro$ rcccnt ning are: \\'ll.,l.lAivl r\ DIiplE'rRI, wILLL\N,r G l,RICIr.ltt
'l hc nantcs of all pcrsons authorizctl to act u'ith rcspecl to rcal propcrty lisrcd in thc nrosrrcccnt filing are: WILLIAM r\ I)EptETR|, Wll_LIAI\.t C pRlCE.ltf '
Novcm bcr 29, 202 I
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16.A.8.b
Packet Pg. 429 Attachment: Bond Basis (27307 : Excavation Bond Release - Palisades)