Agenda 08/27/2024 Item #16A 5 (Clerk of Courts to release a Performance Bond for Excavation Permit Number PL20220001473 - Del Webb Naples Parcels 307-310)08/27/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$565,601.71, which was posted as a guaranty for Excavation Permit Number PL20220001473 for work
associated with Del Webb Naples Parcels 307-310.
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 307-310. 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
$565,601.71. 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.5
Packet Pg. 195
08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 29456
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $565,601.71, which was posted as a guaranty for Excavation Permit Number PL20220001473 for work
associated with Del Webb Naples Parcels 307-310.
Meeting Date: 08/27/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
07/18/2024 2:49 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
07/18/2024 2:49 PM
Approved By:
Review:
Development Review Brett Rosenblum Other Reviewer Completed 07/22/2024 10:03 AM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 07/22/2024 11:26 AM
Growth Management Community Development Department Diane Lynch GMD Approver Completed
07/29/2024 1:53 PM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
08/05/2024 11:54 AM
Unknown Jaime Cook Division Director Completed 08/06/2024 11:02 AM
Growth Management Community Development Department James C French Growth Management Completed
08/13/2024 10:49 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/16/2024 10:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/16/2024 2:44 PM
Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 08/16/2024 3:55 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 08/20/2024 8:44 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/20/2024 9:47 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
16.A.5
Packet Pg. 196
DEL WEBB NAPLES PARCELS 307-310
LOCATION MAP
16.A.5.a
Packet Pg. 197 Attachment: Location Map (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
EXCAVATION PERFORIUANCE AGREEMENT
THIS EXCAVATION PERFORI\TANCE AGREEMENT entered into thas Jj day of
:f,.r Ng ,2014 between Pulte Home Comoany, 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 appllcant will
comply with the Excavation Regulations and Excavation Permit No. PL2022000'1473 (the
"Excavation Permit").
NOW, THEREFORE in consrderation of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1 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 hereo0 in the amount of$ 565,601.71
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.
2
3
4
5
6
The Excavation Work shall not be constdered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavation Work rs
revrewed and approved by the County Manager or designee for compliance with
the Excavation Regulations
The County lvlanager or designee shatt, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work ls complete, either: a)
notify Developer in writing of his approvat 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 N4anage/s approval of the Excavation Work
ln the event Developer shall fail or neglect to fulfill its obligations under thrs
Agreement, upon certification of such failure, the County Manager or designeemay call upon the excavation performance security to secure satisfa&ory
completion, repair and maintenance ofthe Excavation Work. The Board shall havethe right to construct and maintain, or cause to be constructed or maintained,pursuant to public advertisement and receipt and acceptance of bids, the
16.A.5.b
Packet Pg. 198 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
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
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 oll day of f,l.tntg 20_&
7
SIGNED IN THE PRESENCE OF
Sign: C'-,.-
(<',n-..r- Vrr.^ R, . rrrr
Printed Name
larn,ax Jhro,.t
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By:
Clerk of the Circuit Court & Comptroller
, Florida
legality
Michael Hueniken/ VP of Land Development
Evidence of Signing Authority attached
hereto as Exhibit "8".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
t Revtew
as of the Manager
pursuant to Resolution No. 201 5- I 62
Pu lte Home
By:
DEK€t D - frrcr<q
Assistant County Attorney I
I LLC
16.A.5.b
Packet Pg. 199 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
Exhibit tt A"
Performance Security
16.A.5.b
Packet Pg. 200 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
Bond No. 59BSB|U1849
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTST that
Pulte Home Company, LLC
24311 Walden Center Or. Ste. 300
Bonita Springs, FL. 34134
(hereinafter referred to as "Owner") and
Hartford Fire lnsurance Company
One Hartford Fire, Hartford, CT 06155
888-266-3488
(hereinafter referred to as "Surely") are held and tirmly bound unto Collier County, Florida, (hereinafter
relerred to as "County") ln the total aggregate suln of
Five Hu ive Thousand Six Hundred One and 711100 Dollars ($565,601.71 in laMul money of the
United States,lhe payment of which sum well and truly to be made, \,\€ bind ourselves,
our heirs, exeqJtofs, administrators, successors and assigns, rointly and severally, tirmly by these presents
Owner and Surety are used ror singular or plural, as the context requires.
THE CONOITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. Pt2022m01473 and that cerlain excavation permit shall include
specitic improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation of the Surety shall @mmence on the date this Bond is executed
and shall continue until the date of completion of the work and approval by the County o, the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until
replaced by a new bond in the event ot a change of Ownership.
NOW, THEREFORE, it the Owner shall well, truly and failhrully perform its obligations and duties in
accordance with the Land Oevelopment Regulations during the guaranty period established by the County,
and lhe Owner shall satisfy all claims and demands incurred and shall fully indemnW and save harmless
the Counly trom and against aU costs and damages which it may suffer by reason of Owner's railure lo do
so, and shall reimburse and rcgay the County all ou ay and expense whfch the County may incur in
making good any default, then this obligation shall be void, otherwise to remain in full force and etfect.
PROVIDEO, FURTHER that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alleralion, addition or deletlon to the proposed specific improvements shall in
any way affecl its oblilation on this Bond, and it does hereby waive notice of any such change, extension
ol time, alteration, addition or deletion to the proposed speciric improvements.
PROVIOED FURTHER, that it is expressly agreed that the Eond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as lo bind the Owner
and the Surety to the Iull and failhful performance in accordance with the Land Development Regulations.
The lerm "Amendment," wherever used in lhis Bond, and whelher relerring to this Bond, or other documents
shall include any alteration, addition or moditication of any character whatsoever.
lN WLTNESS WHEREOF, the parties hereto have causedthis TdrH dav of ,lr,newtrNEssEsr-
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this PERFORMANCE BOND to be executed
Com
River, Assistant Treasurer
Printed Name N icl-(t5
Printed Nam€/Title
(Provlde Proper Evidence of Authority)
Printed Name (loss Qipptc-
(15-LOS-0r664/r153600/11
16.A.5.b
Packet Pg. 201 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
srATE oF Georgia
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGEO BEFORE ME BY MEANS OF
E} PHYSICAL PRESENCE OR EONLINE NOTARIZATION THIS IOIN DAY OF I"."
20 22 , BY (NAME OF ACKNOWLEDGER)' AS (T LEI.OF (NAME OF COMPANY),.WHO IS
EEESONAILLENqSI{ ro ME, oR HAs PRoDUCED OF
'Creg.r) S. Riv.'s "'Pult. Ilome Ci,npan), LLC.
AS IDENTIFICATION
"Assistant Treasurer
NotaryPuUC-S
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Hartford Fire lnsurance Company t'
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By
Mafthew Erra, Attomey-in-Fact
Pr hted Name/fitle
(Provide Proper Evidence of Authority)
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Buchanan
Printed Name
STATEOF ARIZONA
COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEOGED BEFORE ME BY MEANS OFI pHysrcal PRESENCE oR fl oNLtNE NorARtzATtoN THts t6th DAy oF June20 22 BYi/atthew Erra as Attorn ey-in-Fact for Hartford Fire lnsuraniETompany WHO IS
R HAS PRODUCED OF N/A AS IDENTIFICATION
(SEAL)
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ACKNOWTEDGEMENT
ACKNOWLEDGMENT
Notary Public - Slate of Arizona
16.A.5.b
Packet Pg. 202 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
POWER OF ATTORNEY
D i rect I n qu i ries/C I ai ms to :
THE HARTFORD
aoNo, T-'t 1
One Hartford Plaza
Hartf ord, Connecticut 06't 55
Bond.C laims@thehartlord.com
call 888-266'3,188 or faxr 860'757-5835
KNOW ALL PERSOI'IS BY THESE PRESENTS THAT:Ag€ncy Name: USI INSURANCE SERVICES LLC
AqencyCode: 59-300168
I
Hartford Fiae lnsurance Company, a corporation duly organized under rhe la\r's ol lhc Stalc ol-Connccticut
Hartford Casualty lnsurance Company, a corporatlon dul) organizcd under thc laws ofrhe S1alc ol lndiana
Hattford Accident and lndemnity Company, a corporalion duly organrzc'd under lhe larys ol-thc Statc ofConnecticut
Harttord Underwrilers lnsurance Company, a corporation duly organized under thc laws ofthc Statc ol ConDcclicul
Twin City Fire lnsurance Company, a corporation dul) orgnnizcd under the la$s oflhc Slale ol-lndiana
Hartford lnsurance Company ot lllinois, a corporation dulv organizcd undcr rhc la$s ol-Oe State ol lllinois
Hartford lnsurance Company of the Midwest, a corporation duly organizcd undcr thc laws ol the Statc of Indiana
Hartford lnsurance Company of the Southeast, a corporation dulv organized under rhc laws ofthc Stale oflrlorida
having their home office in Hartford, Connecticut, (hereinafter collecti\€ly referred to as the "Companies') do hereby make, constitute and appoint,
up tolhe amountof Unlinited :
Matthew Erra, Jeremy Polk 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 acknolr,ledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity 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 Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on lvlay 23, 2016 the Companies
have caused these presents to be signed by its Assistant Mce President and its corporate seals to be hereto affixed, duly attested 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 of Attorney.
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S.lah /)TV^n
Shelby Wiggins, Assislant Secretary Joelle L LaPiene Assistant Vice Pres,dent
)
On this 20th day of May, 2021, before me personally came Joelie LaPierre, lo me known, who being by me duly sworn, did depose and say: thal
(s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of lhe Companies, lhe corporalions descnbed in and which
executed the above instrument, that (s)he kno\ /s lhe seals of the saad corporationst that the seals affixed to the said instrument are such corporale sealsl
that they were so affixed by authority ofthe Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
ss. Lake Mary
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the Companies, DO HEREBY CERTIFY that the above and
ies, which is still in fullforce effective as of ,June 16 th,Pres tof
pan
My ComissDn HH I222E0
Erpires JUE 20. 2025
foreroing is a true and correct
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Keith D. Dozois, Assistant Vice presidenl
STATE Of fIONIDA
cou TY oF sEMll{otE
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16.A.5.b
Packet Pg. 203 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
Exhibit ttB"
Evidence of Signing Authority
16.A.5.b
Packet Pg. 204 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
Prepared by and retum to:
Scott Clemsnts
Area General Counsel
Pull€ Home Company, LLC
2301 Lucien Way, Suite 155
Maitland, Florida 32751
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF ORANGE
BEFORE ME, the undersigned offcer authorized to adminlstor oaths, on this day personally appeared Scott M.
Clements, who upon belng duly sworn, deposes and says:
1 . He is over lhe age of eighteen (1 B) years and has personal knowledge of the facts stated herein.
2. I'le is Area General Counsel, Vlce President, and Assistant Secretary of Pulte Home Company, LLC, a Micltigan
limited liability company (the "LLC"), successor by conversion of Pult€ Home Corporation, a Michigan
corporation, which has never been dissolved.
3 The individuals identified below have been duly authorjzed to execute documents on behalf of the LLC ln
accordance with the Signlng Power Resolutions adopted by the LLC as of January '1, 2017, cunontly in effect and
attached hereto in partinent part as Exhibit'A" (the'Signing powers Resolution"), and such documents, properly
executed by the individuals identifiod below, on behalf ofthe LLC are binding upon the LLC:
Peter Keane
Brlan Yonaley
Rich McCormlck
Anthony L. Schutt
Naomi Robertson
Danlel Bryc€ Langen
Gregory S. Rives
Mlchael Woolery
Steven Gust
Glenn Hasenfus
Mike Huenlken
Scott Brooks
Keith Stewart
Joshua Graeve
Wes Copeland
Travis Hucks
Scott Clements
Mlchael Blake Laplnsky
Craig Russo
Justin Wood
Area President (Florida)
Area Vice President - Finance (Florida)
Division President (Southwest Florida)
Vice President - Operations (Southwest Florida) and
Vico Presldent - Finance (Southwest Florida)
Direclor - Finance (Southwest Florida)
Vice President - Finance and Treasurer
Assistant Treasurer
Vice President - Land Acquisition (Southwest Florida)
Director - Land Acqulsltion (Southwest Florida)
Director - Land Acquisition (Southwest Florida)
Vice President - Land Development (Southwest Florida)
Director - Land Development (Southwest Florida)
Vice President - Construction Operations (Southw€st Florida)
Vice President - Sales (Southwest Florida); and Assistant Secretary (North
Florida, West Florida, Southe€st Florida, and Southwest Florida)
Vice President - Purchasing (Southwest Florida)
Director of Product (Florida Zone)
Vice President and Assistant S€cretary
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
Assistant Secretary (North Florida, West Florida, Southeast Florida,
and Southwest Florida)
General Sales lvlanager (Southwest Florida) and Assistant Secretary (North
Florida, West Florida, Southeast Florida, and Southwest Florida)
Additionally and specifically, Naomi Robertson, as Director - Finance; Justin Wood, as General SalesMrnager; Ella Fleming as Dlvisio_n Conlroller; and Laura Ray, Christicia Marconi, Joann Frazier, AshleySherrill, Malelne Beltran, and Cindl Oi6k6lmann, in their respective capacities as Closing/Homebuy;
CoordinatoB, have been duly authorjzed to execute (i) contracts for the sale of residentiat hom;s or tots toconsumers (not to another buslness), and (ii) deeds of conveyance and all oth€r documents that are relevant or
incident to the sale and closing of residential homes or lots to consumers (not lo another business), lncluding any
mortgage-rolated documents, such as buydown agreements or other relevant documents, on behalf of the-LLC,
and such documents, properly executed by such individuals on behalf ofthe LLC, are blnding upon the LLC.
Further, Daniel Bryce Langen, as vice President-Finance and Traasurer, and Gregory S. Rives, as Assistant
Tr€asurer, have been and are duly authorized to execute bonds and any other bond-l?lated documents on behalf
ofthe LLC, and such documents, properly executed on behalf of the LLC are binding upon the LLC.
F:\G.dps\SERLegal\Co3tanlim\F-mslAuhdjty'SwF PHC Oi2O21 (fut).doc
16.A.5.b
Packet Pg. 205 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)
4.The Signing Powers Resolution, Paragraph C., RESOLUTIONS, l-V, Vll, and Vlll, identifies certain titles in the
Division Specific Signing Power sections, which titles are clarified and shall correspond as set forth below:
A. Omission of the words "Gulf Coast," "North Florida," "West Florida,' "Florida," 'Southeast Florida' or
"Southwest Florida" after an officer's name does not constitute improper, incomplete or inconect
execution and does not affect or limit the authority of the otherwise duly authorized officer in any
way;B. Division VP/Director of Finance shall mean either a Division-level (i.e., Southwest Florida-level)
Vice President - Finance or a Director of Finance;
C. Division VP/Director of Land DevelopmenUAcquisition shall mean either a Division-level (i.e., a
Southwest Florida-level) Vice President - Land Development or Vice President - Land Acquisition;
or either a Director of Land Development or a Director of Land Acquisition;D. Division VP/Director of Construction Operations shall also mean either a Division-level (i.e.,
Southwest Floridalevel) Vice President - Construction Operations or a Director of Construction
Operations;E. Divisiorr/Prr-rjecl Corrlroller shall also mean either Division Controller or ProJect 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 ofthe LLC.
This Affidavit is given for the purposes of evidencing incumbency and authority of the employees named above and
pursuant to the provisions of Section 689.045, Florida Statutes.
,#74,,
Scott M.
V. Costantlno
Notary of Florida
GG929396
Commission Expires: 01 12312024
5.
b.
n Swom to and subscribed before me by means of X onysical presence or
-
online notarization tnirfu
of (:*-+zrnsr ..r t , , 20?1 , by Scott M. Clements, Area General Counsel, Vice President, and Assistant Secretary of
Pultfflome ComOft, LLC, a Michigan limited liability company, on behalf of the LLC, who is personally known to me.
i ;
,?.r,ffi$
FlGroups\SERlegancstantirc\Fo{ms\Authority\SwF PHC 01 2021 (fuil).doc
16.A.5.b
Packet Pg. 206 Attachment: Bond Basis (29456 : Excavation Bond Release - Del Webb Naples Parcels 307-310)