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Agenda 06/25/2024 Item #16A 7 (The Clerk of Courts to release a Performance Bond for work associated with Silverwood at Ave Maria-Phase 3 & 4)06/25/2024 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $50,120, which was posted as a guaranty for Excavation Permit Number PL20210003057 for work associated with Silverwood at Ave Maria (Phase 3 & 4). OBJECTIVE: To release a security that was posted as a development guaranty. 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. The Performance Bond was posted as security for an Excavation Permit associated with Silverwood at Ave Maria (Phase 3 & 4). The As-Built lake cross sections have been received, and the lake was inspected on March 28, 2024, by the Development Review Division. FISCAL IMPACT: Performance Bond securities are held as a development guaranty 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 $50,120. 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.7 Packet Pg. 243 06/25/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 28904 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $50,120, which was posted as a guaranty for Excavation Permit Number PL20210003057 for work associated with Silverwood at Ave Maria (Phase 3 & 4). Meeting Date: 06/25/2024 Prepared by: Title: Technician – Development Review Name: Lucia Martin 05/14/2024 3:14 PM Submitted by: Title: Environmental Specialist – Name: Jaime Cook 05/14/2024 3:14 PM Approved By: Review: Development Review Brett Rosenblum Other Reviewer Completed 05/14/2024 3:24 PM Growth Management Community Development Department Diane Lynch GMD Approver Completed 05/15/2024 2:07 PM Operations & Regulatory Management Michael Stark Other Reviewer Completed 05/21/2024 3:44 PM Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed 06/05/2024 9:26 AM Unknown Jaime Cook Division Director Completed 06/10/2024 12:01 PM Engineering & Natural Resources Jack McKenna Other Reviewer Completed 06/12/2024 12:13 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/13/2024 5:33 PM Growth Management Community Development Department James C French Growth Management Completed 06/19/2024 3:22 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/19/2024 3:22 PM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 06/19/2024 3:26 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/19/2024 3:32 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/19/2024 3:43 PM Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM 16.A.7 Packet Pg. 244 SILVERWOOD AT AVE MARIA (PHASE 3 & 4) LOCATION MAP 16.A.7.a Packet Pg. 245 Attachment: Location Map (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this J.,) Oay ot March,2022 between CC Ave Maria Estates. LLC hereinaffer 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. PL20210003057 (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. Developer herewith tenders its excavation performance security (attached hereto as Exhibit '4" and by reference made a part hereof)in the amount of $50,120.00 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 Manager's approval of the Excavation Work. 3 5 6 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 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 4. 16.A.7.b Packet Pg. 246 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) 7 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. lN WTNESS WHEREOF, the Board and DevelopeJ have caused this Agreement to be executed by their duly authorized representatives this Z'' day ol March,2022. By: Ave Mari , LLCE P nted ame prUt Sign &lyl&,\4.-d Printe[f}.lame ATTEST: ,0M^J/h it,n,?g*'r H {^rJ V-arr*e-l Brian Goguen, Vice ident Evidence of Signing Authority attached hereto as Exhibit '8". BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Jaime Cook, Director Development Review Division as designee ofthe County Manager pursuant to Resolution No. 2015-162 Crystal K. Kinzel, CLERK By Clerk ofthe Circuit Court & Comptroller Coll Counry, Florida as ega lity rek D. Perry Assistant County Attorney SIGNED IN THE PRESENCE OF: Sign: u,,-wM@- 16.A.7.b Packet Pg. 247 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXHIBIT IIA" Exc.v.rr.r Performance Security 16.A.7.b Packet Pg. 248 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXHIBIT "A" PERFORMANCE BOND FOR EXCAVATION WORK Bond No 7901079763 KNOW ALL PERSONS BY THESE PRESENTS: thAt CC Ave Maria Estates, LLC 2020 Salzedo Street, Suite 200 Coral Gables, Florida 33'134 (hereinafter referred to as "Owne/') and Nationwide Mutual lnsurance Company 1 100 Locust Street Des Moines, lA 50391-2 (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 Frfw Thousand One Hundred l wentv Dollars ($50,120.00) 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, adminiskators, 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 Authorization Permit No. PL20210003057 and that certain Excavation Authorization 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 completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SDP) or Subdivision 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 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 satisry all claims and demands incurred and shall fully indemniry 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, otheMise 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, additjon 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 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 lnclude any alteration, addition or modification of any character whatsoever. lN WTNESS WHEREOF, the parties hereto have caused this PERFORNiIANCE BOND to be executed this -Znd day ot March.2022 16.A.7.b Packet Pg. 249 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) WITNESSES: ailer Print d Name u olrt,fic00K Pri ed Na EXH IBIT "A" CC AVE MARIA ESTATES, LLC By ident (Provide Proper Evidence of Authority) ACKNOWLEDGEIMENT STATE OF FLORIDA COUNry OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEEORE ME BY MEANS OF E' pHysrcel PRESENCE oR n oNLTNE NoTARtzATtoN rHs a& DAy oF r llri.z L r 20 -:. , BY BRIAN GOGUEN AS VICE PRESIDENT OF CC AVE TUARIA ESTATES, Lrc .\ryHo-IS PERSONALLY KNO\^/N TO ME, OR HAS PRODUCED AS IDENTIFICATION cf, c0, Notary Public - State of F[orr)c^ ,An<bor,^ it Printed Name WITNESSES: llau a-**- Printed Name: Lauren Bradley Printed Name: Taylor Edwards STATE OF FLORIDA COUNry OF COLLIER N ati wide Mutual lnsurance Com By: Charity A. Moser, Attorney-ln-Fact ffi;"S CHARITY EGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF CAL PRESENCE OR E ONLINE NOTARIZATION THIS "d DAY OF M 2022, BY A. MOSER AS ATTORNEY.IN-FACT OF NATIONWDE MUTUAL INSURANCE COMPANY Lryu '){ I Li Prin Name('^ D Dr.vikan, .;+**c:. ?E#k;.' t(ll 0. oavlDsofi Notary Public - State of Florida Commi5lion, HH 201626 t4y Cornn. Expiret Feb t9, 2026 Sooded lh,olgh Nntional Notary futn. .;i,:i;. l(Ur D. DAvlosotl:'fzf:\Al ttotary puutic ' stnte ol Florid.''..aq:li,c', CooDrttion , HH 201825 'ifo;-*f'' ly Comm. Erpires Feb 19, 2026 Boflded lhrfl gh tlatlo.ral xotary A5rn l4-Ets-02650/6 (SEAL) Bria n Goguen, Vice ACKNOWLEDGIVIENT WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED -AS IDENTIFICATION, Notary Public - State ot Ftoi , r),r. 16.A.7.b Packet Pg. 250 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) each in their individual capacity, its true and lawful attomey-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory inshuments of similar nature, in penalties not exceeding the sum of LINLIMITED and to bind the Company thereby, as tully and to the same extent as if such inslruments were signed by the duly authorized officers ofthe Company; and allacts of said Attomey pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executod pursuant to and by aulhority of the following resolution duly adopted by the board ofdirectors ofthe Company: "RESOLVED, that the president, or any vice president b€, and each hereby is, authorized and smpowered to appoint attomeys-in-fact ot the Company, and to authorize them to execule and deliver on behalf of the Company any and all bonds, foms, applications. memorandums, undertakings, recognizances, transfeE, contracts of indemnity, policies, conuacts guaranteoing the fid€lity of persons holding positions of public or pdvate trust, and other writings obligatory in nalure that the business ofthe Company may requirs: and to modify or revoke, with or without cause, any such appointmant or authority; provided, however, that the authority granted hereby shall in no way limit the authority of othsrduly authorizod agents lo sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall hav€ full power and authorityto execute and deliver any and all such documents and to bind the Company subject to the terms and limitatiohs ol the power of attomey issued to them, and to affx the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documEnts.' This pow€r ofatlomey is signed and sealed under and by the following bylaws duly adoptsd by the board of directors of the Company Execution of lnstrumonts. Any vice presidenl, any assistant secretary or any assistant keasurer shall have th€ power and authority to sign or attost all KNOW ALL MEN BY THESE PRESENTS THAT: Nalionwide i,lutual lnsurance Company, an Ohio corporation hereinafter refened to severally as lho "Company' and collectively as "lhe Companies' does hereby make, constitute and appoint: CHARITY A MOSER: DOUGLAS E BAIRD. aF,roted-oaumenGiEtruments, contracts, or other papers in connection with the operation ofthe business ofthe company in addition to the chairman of the board, the chief executive offcer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved docum€nt, contract, instrument, or other papers ofth€ Company. d"-.....}ltRt5-' 0000053628Power of Attorney STATE OF NEW YORK COUNry OF NEW YORK: ss On this 20th day of August, 2021, belore me came the abovo-named offcer for tho Company aforesaid, to me personally known to be the officer descibed in and who executed the preceding instrument, and he acknowledged the execution ofthe same, and being by me duly sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed hereto as the corporate s6al of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. 7h6,lL lN WITNESS WHEREOF, ths Company has causod this instrument lo be sealod and duly attosted by th6 signature of its officer the 20th day ofAugust, 2021 Antonio C. Albanese, Vice Presldent of Nationwide Mutual lnsurance Company ACKNOWLEDGMENT Stephani6 Rubino McA.thur Norary Pubric, state of N6w Yo.r No.02MC6270117 quam€d in New Yol( Counv Conmiss@n Exoi6s Ocrober 1 9. 2024 CERTIFICATE I' Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a tull, true and conect copy ol the original power of attomey issued by the Company; that the resolution included ther€in is a true and corect transcrjpt f.om the minutes ofthe meetings & the boards of directors and the same hasnot been revoked or amended in any manner; that said Antonio c. Albanese was on the- date of the execution of th; foregoing power of attorney the duly elecledofiicer of the company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said in'strr.iment oy tne authority ofsaid boardofdirectors; and the fo.egoing power of attomey is stifl in full fo.ce and effect. ,, nJ l{tuiBfl"iTdfz:horeunto subscribed mv name as Assistanl secretary. and atfixsd the corporare sear of said company tris /] day of fiaru.8.aV BDJ 1(08-21)00 Assistant Secretary risht-hand co, ne, conGd !s ar 2 r 2.32e-6eoo th6doc;menriswtoortryoui;,;anvq;"i;;---'-'-,,",," fiUA-_ *(,.^nq'r"" 16.A.7.b Packet Pg. 251 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXHIBIT IIB" Signing Authority 16.A.7.b Packet Pg. 252 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXHIBIT "B" WRITTEN CONSENT OF THE BOAR.D OF DIRECTORS OF CC AVE MARIA ESTATES, LLC DATED ASOFMrAr u2|rc The undersigned, Board of Directors (the "BgAd') of CC AVE MARIA ESTATES, LLC, a Florida limited liability company (the "eomgy"), hereby consents to the adoption of the following resolutions: Election of Officers RESOLVED, that effective as of this date that the following persons be elected to the offices of the Company set forth opposite their names below to sewe in such capacities until their respective successors shall have been duly elected and shall have qualified: James M. Carr Andres Miyares Ilarold L. Eisenacher Brian Goguen Diana Ibarria Rafael Romero President and Assistant Secretary Vice President and Secretary Vice President and Assistant Secretary Vice President Vice President and Assistant Secretary Vice President Sale of Homes at Ma Ridse Reserve Phase I WHEREAS, the Board deems it to be in the best interest of the Company to sell from time to time (each, a "Sale") the homes pursuant to a Maple Ridge Reserve at Ave Maria Purchase Contract (the "Ageg1Seq!") by and between the Company, as seller, and each of the buyer parties thereto (the "Eurshasq"). NOW, THEREFORE, BE IT RESOLVED, that the President or any Vice President of the Company (the '4U$qIZ9d_R9pEgC9!EM") be, and hereby is, authorized and ernpowered to execute and deliver, on behalf of the Company, any and all documents required in connection with each Sale, including, without limitation (a) Maple fudge Reserve at Ave Maria Purchase Contract, (b) a Special Warranty Deed in favor of the Purchaser, (c) an Owner's Aflidavit, (d) a FIRpTA Affidavit, (e) Termination of Notice of Commencement, (fl a Closing Statement, and (g) such other documents as may be necessary to effect such Sale (collectively, the ,.!4!e DegU1qgnlts"); and be it WHEREAS, the Company is the owner and developer of certain single family residential homes (the "Flg!qet") located in a project known as "Maple Ridge Reserve at Ave Maria" in Collier County, Florida; 16.A.7.b Packet Pg. 253 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) RESOLVED, that each Authorized Representative, acting alone, be, and hereby is, authorized and directed to enter into, execute, and deliver the Sale Documents on behalf of the Company, with such additions, deletions, or chaoges therein as such Authorized Representative executing the Sale Documents shall approve, such approval to be conclusively evidenced by the execution thereo( as well as to do and perform, or cause to be done and performed, all such other acts, deeds and things, and to make, execute and deliver, or cause to be made, executed and delivered, all such other agreements, undertakings, documents, instruments or certificates, for the Company or the Company as the case may be, as the Authorized Representative may deem necessary or appropriate to effectuate or carry out fully the purpose and intent of the foregoing resolutions and to be in the best interest of the Company or the Company (as conclusively evidenced by the taking of such action or the execution and delivery of such agreements, undertakings, documents, instruments or certificates, as the case may be, by or under the direction of any authorized agent), and that all acts, deeds and things heretofore done or performed by the agents of the Company in connection with each Sale be, and hereby are, approved, ratified and confirmed in all respects and shall constitute the acts and obligations of the Company, irrespective of whether such acts or documents were performed before or subsequent to the date of the adoption thereof; and be it further RESOLVED, that this Consent shall continue in full force and effect and may be relied upon by each Purchaser and its title insurance underwriter until receipt of a wriften notice of any chahge herein. ISignatures on following page] RESOLVED, that this Consent may be executed in any number of counterparts and by the separate parties hereto in separate counterparts, each of which shall be deemed to be one and the same instrument; and be it further 16.A.7.b Packet Pg. 254 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) written. The undersigned have hereby executed this Consent as of the date first above OF DIRECTORS: Id Blake Gable Brian Coguen I )// James Carr 16.A.7.b Packet Pg. 255 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) written. The undersigned have hereby executed this Consent as ofthe date first above BOARD OF DIRECTORS: James Carr Harold Eisenacher Gable Brian Goguen 16.A.7.b Packet Pg. 256 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) EXHIBIT ll c ,t Opinion of Probable Cost 16.A.7.b Packet Pg. 257 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4)) P-ENlNsUE\rl.tCll.tf rntN-CY Project: silverwood at Ave Maria (Phase 3 & 4) Task: Excavation Bond Calculation Prepared By: DW Date: 9/9/2021 Checked By: DH Date: 9/912027 Lake lD Lake fUN4-7 Lake #UN4-7 Description Lake Bank Perimeter at Control Elev. Amount 50,120-00 Rock Excavation 50,120.00 Notes: 1) This Opinion of Probable Cost (OPC) shall be used to secure a performance security for excavation per Ordinance No 04-55. 2) The performance guarantee for excavation shall not be less than S25,000, nor more than S1,000,000 computed at a rate of 520.00 for sand and 5100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No. 04- 55. 3) Based on the soil borings from the Geotechnical Report (Boring No. SB-17, 18, & 19), there was no rock (Hard Limestone) detected in proposed Lake #UN4-7. David J Hurst Digitally signed by David J Hurst Date: 2021.1 1.19 15:26:53 -05'00' David J. Hurst, PE FL License No.60727 Certificate of Authorization No. 28275 Unit Price Unit quantity s 20.00 LF 2,s06 s s 100.00 LF 0 s Total Lake Perimeter = 2,506 Performance Security Guarantee = S 16.A.7.b Packet Pg. 258 Attachment: Bond Basis (28904 : Excavation Bond Release - Silverwood at Ave Maria (Phase 3 & 4))