Agenda 08/27/2024 Item #16A 4 (Clerk of Courts to release a Performance Bond for Excavation Permit Number PL20210003043 - Del Webb Naples Parcels 301-303 & 311)08/27/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $814,540,
which was posted as a guaranty for Excavation Permit Number PL20210003043 for work associated with Del
Webb Naples Parcels 301-303 & 311.
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 Del Webb
Naples Parcels 301-303 & 311. The As-Built lake cross sections have been received, and the lakes were inspected
on July 12, 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
$814,540. 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.4
Packet Pg. 181
08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 29453
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $814,540, which was posted as a guaranty for Excavation Permit Number PL20210003043 for work associated
with Del Webb Naples Parcels 301-303 & 311.
Meeting Date: 08/27/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
07/18/2024 2:30 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
07/18/2024 2:30 PM
Approved By:
Review:
Development Review Brett Rosenblum Other Reviewer Completed 07/22/2024 10:07 AM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 07/22/2024 11:25 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
07/29/2024 1:50 PM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
08/05/2024 11:53 AM
Unknown Jaime Cook Division Director Completed 08/06/2024 11:00 AM
Growth Management Community Development Department James C French Growth Management Completed
08/13/2024 11:08 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/15/2024 9:23 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/15/2024 9:47 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2024 9:50 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 08/20/2024 8:30 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/20/2024 9:27 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
16.A.4
Packet Pg. 182
DEL WEBB NAPLES PARCELS 301-303 & 311
LOCATION MAP
16.A.4.a
Packet Pg. 183 Attachment: Location Map (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVAT ION PERFORMANCE AGREEMENT entered into this U day of
TOnut 2022 between Pulte Home C m LL hereinafter referred to as
"Developer,"an d the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the "Board"
WHEREAS, the Excavatron Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Securrty Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20210003043 (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
814 540.00
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.
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
completron, 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
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WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordrnances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
16.A.4.b
Packet Pg. 184 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
Excavation Work. The Developer, as principal under the excavalion 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.
SIGNED IN THE PRESENCE OF (Name of Entity)
"'% n,2"/r/4
Printed Name ,4r*t,t ,3. at;,sltx.
Printed Name /nt 6^f,zr-
ATTEST
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuil Court & Co ptroller
Collier Count-"-. Florida
Ap ved as ality
By
Michael Hueniken/ VP of Land Development
Evidence of signing authority attached
hereto as Exhibit "B".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
Jaime Cook, Director, Development Review
Division, as designee of the County trrlanager
pursuant to Resolution No. 2015-162.
Bv
a
Dcrck D. Pcrry
Assistant County Attorney
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 WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this !, day ol -TI)nttLtt'\.2022
.
t)
Sign:
16.A.4.b
Packet Pg. 185 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
EXHIBIT IIA"
Exe.vrtt.r Performance Security
16.A.4.b
Packet Pg. 186 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
It
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond Number; 59BSBlU1761
KNOWALL PERSONS BY THESE PRESENTS: that
Pulte Home Company, LLC
243 1 1 \Ahlden Center Dr, #300
Bonita Springs, FL 34134
239-495-4085
(hereinafter referred to as "Owne/') and
Hartford Fire lnsurance Company
One Hartford Plaza
Hartford, CT 06155
888-26S3488
(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 Eight Hundred Fourteen Thousand Five Hundred
Forty and 00/100 Dollars ($814,540.00) in lawful money ofthe 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. PL20210003M3 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 Eond 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 wath the Land Development Regulations during the guaranty period established by the CounV,
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 Owne/s failure to do
so, and shall reimburse and repay the County alloutlay and expensewhich the County may incur in making
good any default, then this obligation shall be void, otherwise to remain in tull 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 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 refening 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 30ff day of Oecember, 2021.
WITNESSES:Pulte Home pa
fttvuia S.krAft
Gregory S. Rit,s.
Assista nt Treasrir;
LL
7/0/t L'tut Evrdence of signing authority attached
hereto as Exhibit "B".A,L,Q,"
SEE ATTACHED NOTARY ACKNOWLEDGEMENT
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16.A.4.b
Packet Pg. 187 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
WITN ESSES:
lrma Aguilar
qerilEeqNL*^
fissi o. qo\l;ru
Ha rtford Fire lnsurance Company
By
my Pol
Printed Name/Title
(Provide Proper Evidence of Authority)
Fact
SEE ATTACHED NOTARY ACKNOWLEDGEMENT
1.1-EIS-02650/7
Atto
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16.A.4.b
Packet Pg. 188 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
ACKNOWLEDGEMENT BY PRINCIPAL
STATE OF GEORGIA)
/ ss.
couNTY oF FULTON)
This record was acknowledged before me on December 30,2021 ,
appeared Gregory S. Rives, Assistant Treasurer, of Pulte Home
Company, LLC, who provided to me on the basis of satisfactory
evidence to be the person who appeared before me and is
personally known to me.
WITNESS my hand official seal.
Shirley E. Hutchins
Notary Public State of Georgia
My Commission Expires: March 18, 2022
SHIRLEY E HUTCHINS
Notary Public - Slale ol GeorgE
Fulton Cololy
My Commission Expirss Mar 10,2022
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Signature of Notary Public
16.A.4.b
Packet Pg. 189 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
ACKNOWLEDGEMENT
State ol Atizono
County ol Moricopa
On before me personolly oppeo red Jeremy Polk whose
identity ven to me on the bosis of sotisfoctory evidence to be the person
who he or she cloims to be, ond acknowledged thot he or she signed the ottoched
document.
(Seol)
Notory Signoture
Mdtthew Stonton Erro
Commission Expires March 9, 2022@
Matthew Stantoo Eae
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16.A.4.b
Packet Pg. 190 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
POWER OF ATTORNEY
D i rect I nqu hieslcl a i m s to :
THE HARTFORD
BOND, T.12
One Hartford Plaza
Hartf ord, Connecticut 06'l 55
Bond-C laims@thCltartf ord.com
KNOW ALL PERSONS BY THESE PRESENTS THAT Agency Name
Agency Code:
call: 888-266-348 or faxr 860-757-5835
USI INSI]RANCE SVCS NATIONAL INC
59-300158
x Hartford Fire lnsurance Company, a corporalion duly organized under the Iaws ofthc state ofConneoticut
Hartford Casualty lnsurance Company, a corporation duly organized rmder the laws ofthe Stalc of lndiana
Harttord Accident and lndemnity Cornpany, a corporation duly organi^d under thc lar\s ofthe State ofConneclicut
Hartford l,JndorwriteE lnsurance Company, a corporalion duly organi^d under thc laws oflhe Slate ofConncoticul
Twin City Fire lnsurance Company, a corporation dul) organized under the laws oflhc Sale of lndiana
Harttord lnsurance Company of lllinois, a corporation duly organized under the lat\s ofthe State of Illinois
Harttord lnsurance Company of tho Midwest, a corporation duly organlzcd under tho laws ofthe State of Indiana
Hartford lnsurance Company of the Southeast, a corporation duly organized under the laws ol the State ofHlorida
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havhg their home ofiice in Hartford, Connecticut, (hereinafter collec{ively refened to as the 'Companies) do hereby make, constitu[e and appoint,
uPtod,le amouna ot unfimited :
MaEthew Erra, Jeremy PoIk of PI{OENIX, Arizona
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by E, and to execute, seal and ackno\,r,ledge any and all bonds, undertakings, contracb and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the frdelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
ln Witness Wh€reof, and as authorized by a Resolution of the Board of Directors of the Companies on lray 6, 2015 the Companies have
caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attgsted by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power ofAttorney.
@@@ffi@ffi)ffi$
frM
John Gray, Assistant Secretary M Ross Fisher SeniorVice Presidenl
name thereto by like authority
{^rtV*,:f )\1 %.*.,,.{
Kalhlen I MEyM.d
Notary tublic
My Commission Expnes July ll,2021
3
CFRIIFICAIE
copy of
taep the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and conect
ies, which is still in full force effective as of December 31Ll,, 2021
President of
said Com pan
4rtford
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STATE oF COt{i'IECTICUT r
!! ... Hartford
couNTY oF tanrrono I
On this sth day of January, 2018, before me personally came M Ross Fisher, to me kno\/n, who being by me duly sworn, did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations
delcribed in and which executed-the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authonty of the Boards of Directors ot said corporations and that he signed his
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16.A.4.b
Packet Pg. 191 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
EXHIBIT IIB"
Signing Authority
16.A.4.b
Packet Pg. 192 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
Prepared by and retum to:
Scott Clements
Area General Counsel
Pulte Home Company, LLC
2301 Lucien Way, Suite '155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIOA
COUNTY OF ORANGE
BEFORE ME, the undersigned officer authorized to adminlster oaths, on this day personally appeared Scott M.
Clements, who upon being duly sworn, deposes and says:
He is over lhe age of eighteen (18) years and has pelsonal knowledge ofthe facts stated herein.
I-le is Area General Counsel, Vice President, and Assistant Secrelary of Pulte Home Company, LLG, a Miclrigan
limited liability company (the 'LLC"), successor by conversion of Pulte Home Corporation, a Michigan
corporation, which has never been dissolved.
The individuals identified below have been duiy authorized to execute documents on behalf of the LLC in
accordance with the Signing Power Resolutions adopted by the LLC as of January 1,2017, currently in effect and
attached hereto in pertinent part as Exhibit "A" (the "Signing Powers Resolution"), and such documents, properly
executed by the individuals identified below, on behalf ofthe LLC are binding upon the LLC:
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Peter Keane
Brlan Yonaley
Rich Mccormlck
Anthony L. Schutt
Naomi Robertson
Danlel Bryc€ Langen
Gregory S. Riv€s
Michael Woolery
Steven Guat
Glenn Hasenfus
Mike Huenikon
Scoft Brooks
Keith Stewart
Joshua Graeve
Wes Copeland
Travls Hucks
Scott Clements
Mlchael Blake Lapinsky
Craig Russo
Area President (Florida)
Area Vice President - Finance (Florida)
Division President (Southwest Florida)
Vice President - Operations (Southwest Florida) and
Vice President - Finance (Southwest Florida)
Director - Finance (Southwest Florida)
Vice President- Finance and Treasurer
Assistant Treasurer
Vice President - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Vice President - Land Development (Southwest Florida)
Director - Land Development (Southwest Florida)
Vice President - Construction Operations (Southwest Florida)
Vice President - Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Soulheast Florida, and Southwest Florida)
Vice President - Purchasing (Southwest Florida)
Director of Product (Florida Zone)
Vice President and Assistant Secretary
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales Manager (Southwesl Flodda) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Justin Wood
Additionally and specilically, Naomi Robertson, as Dlrector - Finance; Justin Wood, as General Sales
Manager; Ella Fleming as Dlvlslon Controller; and Laura Ray, Christicia Marconi, Joann Frazier, Ashloy
Sherrill, Malelne Beltran, and Cindi Diekelmann, in their respective capacities as Closing/Homebuyer
Coordinators, have been duly authoized to execute (i) conkacts for the sale ot residential homes or lots to
consumers (not to another business), and (ii) deeds of conveyance and all other documents lhat are relevant or
incident to the sale and closing of residential homes or lots to consumers (not lo another business), including any
mortgage-related documents, such as buydown agreements or other relevant documents, on behalf of the LLC,
and such documents, properly executsd by such individuals on behalfofthe LLC, are binding upon the LLC.
Further, Daniel Bryce Langen, as Vice President-Finance and Treasurer, and Gregory S. Rives, as Assistant
Treasurer, have been and are duly authorized to execute bonds and any other bond-related documents on behalf
ofthe LLC, and such documents, properly executed on behalf of the LLC are binding upon the LLC.
F:\Grorpc\SERLegal\Cosbnlino\Foms\Auf'..ilrswF PHC 012021 (rull).doc
16.A.4.b
Packet Pg. 193 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)
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4. The Signing Powers Resolution, Pa.agraph C.,SOLUTIONS l-V, Vll, and Vlll. identifies certain titles in the
Division Specific Signing Power sections, which titles are clarifed and shall corr€spond as set forth below
A. Omission of the words "Gulf Coast," "North Florida,' "West Florida,' "Florida,' "Southeast Florida" o.
"Southwest Florida' after an officer's name does not constitute improper, incomplete or incorect
execution and does not affect or limit the authority of the otherwise duly authorized officer in any
*ay;
B. Division VP/Director of Finance shall mean e;lher a Division-level (i.e., Southwest Florida-level)
Vice President - Finance or a Director of Finance;
C. Division VP/Director of Land DevelopmenvAcquisition shall mean either a Div:sion-level (i.e., a
Southwest Florida-level) Vice President - Land Development or Vice President - Land Acquisation;
or either a Director of Land Development or a Director of Land Acquisition;
D. Division VP/Director of Construction Operatlons shall also mean eith€r a Division-level (i.e.,
Southwest Florida-level) Vice President - Construction Operations or a Director of Construction
Operations;E. Divisior/Projeot Cootroller shall also mean either Division Controller or Prdect Controller;F. Division VP of Sales shall also mean Vice President - Sales.
The LLC is not now and has never been a debtor in a bankruptcy proceeding during the existence of the LLC.
This Affidavjt is given for the purposes of evidencing incumbency and authority of lhe employees named above and
pursuant to the provisions of Section 689.045, Flodda Statutes.
,tr?.r,
Scott M. Clements
Swom to and subscribed before me oy means orX pnysical presence or- ontine notarization th t"M
of 2021, by Scott l\,4. Clements, Area General Counsel, Vice President, and Assistant Secretary of
LC, a Michigan limited liability company, on behalf of the LLC, who is personally known to me.
Pri Na lly V
PU ome Com ,L
Notary
Commiss o.: G
Commlsslon Explres: 01/23/2024
. Coslantino
of Florida
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16.A.4.b
Packet Pg. 194 Attachment: Bond Basis (29453 : Excavation Bond Release - Del Webb Naples Parcels 301-303 & 311)