Agenda 09/10/2024 Item #16A 5 (Authorize the Clerk of Courts to release a Performance Bond in the amount of $42,880, - Posted as a guaranty for companion Excavatio9n Permit PL20200002297, associated with the Majestic Place PPL, PL20190001615)16.A.5
09/10/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $42,880,
which was posted as a guaranty for companion Excavation Permit PL20200002297, for work associated with
the Majestic Place PPL, PL20190001615.
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 Majestic
Place. The As -Built lake cross sections have been received, and the lake was inspected on July 25, 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
$42,880. 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)
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16.A.5
09/10/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doe ID: 29551
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $42,880, which was posted as a guaranty for companion Excavation Permit PL20200002297, for work
associated with the Majestic Place PPL, PL20190001615.
Meeting Date: 09/10/2024
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
07/31/2024 3:32 PM
Submitted by:
Title: Environmental Specialist —
Name: Jaime Cook
07/31/2024 3:32 PM
Approved By:
Review:
Development Review Brett Rosenblum Other Reviewer
Transportation Management Operations Support Evelyn Trimino
Growth Management Community Development Department Diane Lynch
Engineering & Natural Resources Jack McKenna Other Reviewer
Unknown Jaime Cook Division Director
County Attorney's Office Derek D. Perry Level 2 Attorney Review
Growth Management Community Development Department James C French
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke OMB Reviewer
Ed Finn Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed 08/01/2024 9:38 AM
Other Reviewer Completed
08/05/2024 12:19 PM
GMD Approver Completed
08/13/2024 12:49 PM
Completed 08/20/2024 8:13 AM
Completed 08/26/2024 10:28 AM
Completed 08/27/2024 9:21 AM
Growth Management Completed
08/27/2024 9:22 AM
Completed 08/27/2024 9:37 AM
Completed 08/27/2024 3:34 PM
Completed 08/29/2024 8:18 AM
Completed 09/02/2024 6:29 PM
09/10/2024 9:00 AM
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L5
MAJESTIC PLACE
PROJECT
LOCATION
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LOCATION MAP
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 7 E K day of
J� V GL 05 T , 2023 between Habitat for Humanity of Collier County. Inc. 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. PL20190001615 (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 "A" and by reference made a part hereof) in the amount of $42.880.00.
3. In 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.
4. The Excavation Work shall not be considered complete until Developer notifies y
the County that the Excavation Work is complete and the final Excavation Work m
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations. o
m
5. 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: E
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 a
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation Work,
6. In 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
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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.
7. All of the terms, covenants and conditions herein contained are and shalt be
binding upon Developer and the respective successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Developqr have caysed this A reement to be
executed by their duly authorized representatives this O day of .2023.
SIGNED IN THE PRESENCE OF:
Sign: �7UMO, CA-� I
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Printed Name
Sign:
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Printed Name
Crystal K.411.1--
WILNACARIaNY
IAY coMMISSION" rri ri �5(?
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EXPIRES: Clay U. 2025
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bonded Thni Notary Public Un"Ptwrite, s
BY.
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A pro ed f r nd legality:
Derek D. Perry
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF CO L1ER COUNTY, FLORIDA
By:
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
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EXHIBIT "A"
EXCAVATION PERFORMANCE SECURITY
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PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
HABITAT FOR HUMANITY OF COLLIER COUNTY. INC.
11145 TAMIAMI TRAIL EAST
NAPLES. FL 34113
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(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 forty two thousand eight hundred eighty Dollars
($42,880.00) 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. administrators, successors and assigns, jointly and severalty, 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. PL20200002297 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 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, 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 fasthful 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 modification of any character whatsoever.
IN WITNESS WHEREOF, the partie hereto have caused this PERFORMANCE BOND to be executed
this �' �1 day of
WITNESSES: �"i�„(,, c ' (Owner Name and Title if Corporation)
�CCO
Printed Name
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Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
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(15-LDS-01664/1153600/1j
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BOND NO: 0811252
ACKNOWLEDGEMENT
STATE OF f LAP-1 b A
COUNTY OF Cry L L 11� (?—
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
[�] PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS ! 7" ` DAY OF
20 ' BY LISA LEFKOW AS CEO OF HABITAT FOR HUMANITY OF COLLIER COUNTY. INC WHO
IS PERSONALLY KNOWN TO ME. OR HAS PRODUCED OF AS IDENTIFICATION.
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Notary Public - State of iyL5) F-1 LA
A My OOmMW1ON # HH M341 (SEAL )
EMRES: September 24, 2M
Printed Name l- UL I A 5 A (2T,.'l%
WITNESSES:
Lauren Bradley
Emily Strassel
STATE OF FLORIDA
COUNTY OF COLLIER
Harccy,National Insurance Company
By:
j] '•
7 a`f7h
Charity A. Moser, Attorney -In -Fact
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
❑PHYSICAL PRESENCE OR ❑ ONLINE NOTARIZATION THIS 31st DAY OF JULY, 2023 BY
CHARITY A. MOSER AS ATTORNEY -IN -FACT OF HARCO NATIONAL INSURANCE COMPANY WHO
IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED OF AS IDENTIFICATION. _
Notary Public - State of V-L- orz+a.r-
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SABINAHARDY (SEAL)
MY COMMISSION N HH 34M
EXPIRES: January 14, 2027
Printed Name S c0o . Y,c1 E • 4"
I4-FIS-02650/7
115-LDS-01664/1153600/1)
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POWER OF ATTORNEY Bond# 0811252
E`OE11TY 11HfG STATE OF NEW JERSEY STATE OF ILLINOIS
ty pPQORgl �90 County of Essex County of Cook
SEAL
1904 r,
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6� a Kenneth Chapman
1H� Executive Vice President. Harco National Insurance Company
and International Fidelity Insurance Company
HARCO NATIONAL INSURANCE COMPANY
INTERNATIONAL FIDELITY INSURANCE COMPANY
Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609
KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of
the State of Illinois. and INTERNATIONAL FIDELITY INSURANCE COMPANY. a corporation organized and existing under the laws of the State of New
Jersey. and having their principal offices located respectively in the cities of Rolling Meadows illinois and Newark. New Jersey, do hereby constitute and
appoint
CHARITY A. MOSER
Naples, FL
their true and lawful attorneys) -in -fact to execute, seal and deliver for and an its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are of may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL
INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had
been duly executed and acknowledged by their regularly elected officers at their principal offices,
This Power of Attorney is executed. and may be revoked_ pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY
and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL. FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December. 2018 and by the Board of
Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December. 2018.
"RESOLVED that (1) the Chief Executive Officer. President. Executive Vice President, Senior Vice President. Vice President, or Secretary of the
Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or Eimited
in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,
recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto: and (2) any such Officers of the Corporation
may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute
waivers and consents on behalf of the Corporation: and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed
by facsimile to any power of attorney or certification given for the execution of any bond. undertaking. recognizance contract of indemnity or other written
obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the
Corporation as the original signature of such officer and the original seal of the Corporation. to be valid and binding upon the Corporation with the same
force and effect as though manually affixed "
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL
FIDELITY INSURANCE COMPANY have each executed and attested these presents
on this 31st day of December, 2022
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O ' pPORq,y�•'.
,�.: •moo PiF'•. R+
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On this 31 st day of December, 2022 , before me came the individual who executed the preceding instrument. to me personally known. and.
being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and
INTERNATIONAL FIDELITY INSURANCE COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies: that the
said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.
d F�.
�U NOTARY
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PUBLIC y:}.
rFOF•N.ENN 3
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IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, at the City of Newark
New Jersey the day and year first above written.
Cathy Cruz a Notary Public of New Jersey
My Commission Expires April 16. 2024
CERTIFICATION
I. the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify
that I have compared the foregoing copy of the Power of Attorney and affidavit and the copy of the Sections of the By -Laws of said Companies as set
forth in said Power of Attorney, with the originals on file in the home office of said companies. and that the same are correct transcripts thereof and of the
whole of the said originals and that the said Power of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand on this day. July 31. 2023
A02894
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Irene Martins, Assistant Secrets
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