Agenda 12/09/2025 Item #16A15 (Clerk of Courts to release a Performance Bond in the amount of $67,060, which was posted as a guaranty for Excavation Permit Number PL20220003084 for work associated with RCMA Immokalee MPUD)12/9/2025
Item # 16.A.15
ID# 2025-4636
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $67,060, which was
posted as a guaranty for Excavation Permit Number PL20220003084 for work associated with RCMA Immokalee
MPUD.
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 with respect to this
security. The Performance Bond was posted as security for an Excavation Permit associated with RCMA Immokalee
MPUD. The As-Built lake cross-sections have been received, and the lakes were inspected on October 29, 2025, by the
Development Review Division.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: Performance Bond securities are held as a development guaranty and released after work is
performed.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for
Board approval. - CLD
RECOMMENDATION(S): To authorize the Clerk of Courts to release the Performance Bond in the amount of
$67,060. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by the
Board of County Commissioners, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 2931 of 9661
RCMA IMMOKALEE MPUD
LOCATION MAP
Page 2932 of 9661
EXCAVATION PERFORMANCE AGREEMENT
XCAVATION PERFORIUANCE AGREEMENT enteTed into this *THIS E
Tu"ombcn
day of
2AZ bet\reen @he
referred to as "Developer," and the Board of County Commissioners of Collier County,
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. et2q22.qq93004 Ghe
"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 $97.999
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 ofthe Excavation Work.
The Excavation Work shall not be considered complete until Developer notifles 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 lvlanager 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 fullill in order to obtain the
County Manageas 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 lranager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance ofthe 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 and Contractor, as principal underthe excavation
performance security, shall be liable to pay and to indemnify the Board, upon
reinafter
Florida,
1
2
3
4
5
6
Page 2933 of 9661
7
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
and Contractor.
Redland ch igrant Association, lnc.
lN WITNESS WHEREOF, the Board and Develope;_have caused this Agreement to be
executed by their duly authorized representatives this lZday of D€ Ct rrrt><r , 20 72
SIGNED IN THE PRESENCE OF:
Sig
M**tA 6,v,, N tr*tv,ci-4
Printed Name
Printed Name
eo+++ee,untyffia
legality
Derek D. Perry
Assistant County Attorney
Print Name: lsabel Garcia
Title: Executive Director
BOARD OF COUNTY COMMISSIONERS
OF COLLIER , FLORIDA
By:
J alme Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
1
Sign ')L0t1.a
xi it*
,otrrEsl-_
Page 2934 of 9661
Exhibit tt A"
Page 2935 of 9661
PERFORMANCE BOND FOR EXCAVATION WORK
KNow ALL PERSONS BYTHESE PRESENTS: that
Relands Christian Migrant Association
The Rollason Center
402 West ain Slrapt lmmak?lap trt 1/,,1/,)
{Herelnafter refened to as 'Owner") and
The Ohio C asualtv lnsurance Co
1200 MacArthur Boulevard, 3rd Floor
ft/ahwah NJ 07430
201-2364045
(Name of Owner)
(Name of Surety)
(Address of Surety)
(Address of Surety)
(Tel.phone Number)
(hereinafler refened to as "surety") are held and lirmv boundrrntoocollier county, Florida, (hereinafter
rofened to as "County") in the total agglrgate sum of El4Lelcle/llL d8llars ($-.9ZpO!..0Q-j in lawful
money ofth6 Unlted States, for the payment of which sum wsll and truly to be mad6, wc bind our3€lves,
our heirs, executors, adminbtrators, successors and asslgnE, Jointly and severally, firmly by these
presents. Owner and Surety are used for singubr or plural, as thc context rcquiro!.
THE CONDITION OF THIS OBLIGATION is such that whereas, the owner has submltted for approval by
the Board a certain excavation permit no. Mg99!!!1- and thal c€rtain sxcavalion permit shall include
speciflc lmprovemsnts which are required by Collier County Ordinances and Resolutions (herolnafler
"Land Development Regulations'). This obligation of the Surety shall commenca on the date this Bond is
sxecuted and shall continue until the dale of completion of the work 6nd approval by the County of the
specific improvements described in the Land Development Rogulations (her8inafter the "Guaranty
Period") or until replaced by a new bond in the event of a change of Ownorship.
NOW THEREFORE, if the Owner shall well, truly and faithtully perform its obligstions and duties in
accordance with the Land Development Regulations during the guaranty period establish€d by the
County, and tha own6r shall satisv all claims and demands incunod and shall fully lndemnify and save
harmless the County from and against all costs and damagoB which it may sufier by r€ason of Owne/6
failure to do so, and shall rsimburse and rePay the County all outlay and axp€nse which the County may
incur in making good any defuult, then this obligation shall be voiJ, otherwis€ to r€maln in full force and
efrecl.
(Address of Owner)
(Address ofOwner)
BOND NO.015219400
Page 2936 of 9661
pRovtDED, 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.
pRovlDED 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 include any alteration, addition or modification of any character whatsoever'
tN WTTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
ACKNOWLEDGEMENT
STATE OF frori dr.-
COUNTY OF I
THE FOREGOING
orFlgnvsrcer
PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE I
PRESENCE OR D ONLINE NOTARIZATION THIS DAY OF
)oF Redlands Christian Association
TO ME, OR HAS PRODUCED
E OF ACKNOWLEDGER)AS
E OF COMPANY) WHO IS
AS
ME
20
PERSONALLY KNOW
IDENTIFICATION,
Nota Public - State of o.id (sEAL)
Corporation) Redlands Christian Migrant Association(Owner Name andWITNESSES
By:
Printed Name/TitlePrinted Name
A (Provide Proper Evidence of Authority)
lsd..I &,r.)*Printed Name
ELIZABETH XALOONADO
NotarY fublic' State of Florkh
Commlsslon f HH 326917
tly Comm. Eplres ilov 6, 2025
through Natlonat Notary Asrn.
Narne
Printed
this 5th day of December I 2Qzz l- -'
Page 2937 of 9661
WITNESSES:
BY'all tlt4(.,1By,/&dt/.fr@
(/
Prlnted Name le Cneryl R. Coleman, Attorney-ln-FactPrinted Nam
Zachary J. Rosenthal
As to Surety (Provide Proper Evidence of Authority)
N
\\Printed Name
(Surety Name and Title if Corporation)
The Ohio
,.'!
rtitr
-{.
!.
ACKNOWLEDGEMENT
STATE OF New Jersey
COUNTY OF Middlesex
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS
oF E PHYSIcAL PREsENCE oR floNLlNE NorARlzATloN THls DAY oF Sth / December /
20 22 .by R. Coleman E OF ACKNOWLEDGER)AS
Attorney-ln-Fact (T|TLE) OF rheqhiocusraltylnsuranq9qqnPan (NAME OF COMPANY) WHO lS
PERSONALLY KNOW TO ME, OR HAS PRODUCED
IDENTIFICATION.
Driver's License AS
Notary Pu blic - State of New Jersey
Name
(sEAL)
Printed
ROSEMARIEWALXER
Public, Slate of Ne*Jers€y
gr2&7Erilres$1
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t{
rn
i-}(\A r0
NE
Elfi*,1
ts
Page 2938 of 9661
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company
West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company rs a corporation duly organized under he laws of the State of New Hampshire, tratLiberty Mutual lnsurance Company is a corporation duly organized under he laws of the State of Massachusetts, and
Libertv
Mutudl"
Coleman; Marc J.Michalewsky;Mary J. D'Amato; Sandra A.Pace; Thomas True;
Certificate No: 8206800-96951 6
West Amencan lnsurance Company is
set forth, does hereby name, constitute
a corporation
SURETY
under he laws of the State of lndiana (herein collectively called the "Companies"), pursuanl to and by authority herein and appoint,
duly organized
Cheryl R.
Zachary J. Rosenthal
all of the
lN wlrNEss WHEREoF, this Power of Attomey has been subscribed by an authorized officer or official of the companies and he corporate seats of the companies have been affixedthereto his I lth day of November ZO2t
Liberty Mutual lnsurance Company
The 0hio Casualty lnsurance Company
West American lnsurance Company
By:
State of PENNSYLVANIA
County of MONTG0MERY
David M., Assistant Secretary
0nhis ll 2021 before me personally appeared David M. Carey, who acknowledged himself to be tire Assistant Secretary of Liberty i/'lutual lnsuranceaid=WEt American lnsurance Company, and trat he, as such, being authonzed so to do, execute tre forEoing instument for he purposesherein contained by signing on behalf of tre corporations by himsetf as a duly auhonzed officer.
lN WTNESS WHEREOF, I have hereunto subscnbed my name and affixed my notarialseal at King of prussia, pennsylvania, on the day and year first above written.
execute,
of these
persons.
A$@Blion ol
Power of Attomey is made and executed pursuant to and by authority of tre folloriling By-laws
lnsurance Company, and West Amencan lnsurance Company which resolutions are now in full force and
l, Renee C. Llewellyn, the undersigned, Assistant
hereby certify frat the original potver of attomey of
has not been revoked.
lN TESTIMONY WHEREOF, I have hereunto set my
By:/*fr//,
and Authorizations of The ohio Casualty lnsurance Company, Liberty Mutual
effect reading as follows:
Liberty Mutual lnsurance Company, and West American lnsurance Company do
the Potver ofAftomey executed by said Companies, is in full force and effect and
ARTICLE lV - OFFTCERS: Section i2. power of Attomey.
Any offcer or otfler offcial of the corporation authonzed for that purpose in writing by tlre chairman or the president, and subject to such limitation as the chairman or thePresident may prescnbe, shall appoint such aftomeys-injact, as may be neces..ry iL ad in behalf of the corporation to make, execute, seal, ackno rledge and deliver as surety
have full power to bind he corporation by heir signafure and execution of any such instruments and to attach thereto the seal of the corporation. when so executed, suchinstuments shall be as binding as if signed by the President and atte-sted to by tre Secretary. Any power or authority granted to any representatve or attomey-injact under heprovisions of his article may be revoked at any time by the Board, he Chairman, the Presideni or by tire officer or offcerigranting suc'h power or aufiority.
ARTICLE Xlll - Execution of Contracts: Sectjon 5. Surety Bonds and Undertakings.
shall appoint such attomeys-in-fact, as may be necessary to acl in behalf of fie Company to make, execute, seal, acknowledge and deliver as surety any and all undertakrngs,
company by treir signature and execution of any such lnsbuments and to aftach thereto the seal of the company. w'hen so executed such insruments shall be as binding as ifsigned by the president and attested by he secretary.
fact as may be necessary to act on behalf of the company to maki, execute, seal, acknowledge and detiver as surety any and all undertakings, bonds, recognizances and oher suretyobligations.
company, wherever appearing upon a certified copy of any power of afomey issued by hl company in conneclion with surety bondi, shall be valid and binding upon the company wittrhe same force and effect as hough manually affixed.
r'$ttis 5th day ol December 2022
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LMS-I2873 Ll\,llc OCIC WAIC Multi Co 02121
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more true
any and all undertakings, bonds, recognizances and in pursuance
hey have been duly signed by he president and attested by the secretary of he Companies tn their own proper
Secretary, The"Ohio lnsurance
which the
Page 2939 of 9661
Libertv
Mutudl"
THE OHIO CASUALTY INSURANCE COMPANY
FINANCIAL STATEMENT - DECEMBER 3I, 2O2I
SURETY
Assets
Cash and Bank Deposits $ 134.628.410
*Bonds - U.S Government....................... 1,015,453,g74
*Other Bonds.. 4,501,743.412
*Stocks .r_6g,g76,063
Real Estate...... 0
Agents' Balances or Uncollected premiums........... gl2,4g3,l\2
Accrued Interest and Rents............... 33,044,141
Other Admitted Assets.............. l,69l,40l,219
Liabilities
Unearned Premiums........ $1,457,114,535
Reserve for Claims and Claims Expense 4,044,665,363
Funds Held Under Reinsurance Treaties................. 0
ReserveforDividendstoPolicyholders.................. 276,207
Additional Statutory Reserve........... 0
Reserve for Commissions, Taxes and
Other Liabilities 460,636.079
s5,962,692,184
Special Surplus Funds................. $ 28,5 I 0,778
Capital Stock.4,500,000
738. l 83.897Paid in Surplus
Total Admitted Assets sE {6^1JJ0J61
Unassigned Surplus..................... 1,730.043.502
Surplus to Policyholders...-........................... 2,501,23E,177
Total Liabilities and Surptus. ....... $S.46lJf,lLJ6t
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
The foregoing financial information is taken from The Ohio Casualty Insurance Company's financial
statement filed with the state of Ohio Department of Insurance.
I' TIM MIKoLAJEWSKI, Assistant Secretary of The ohio Casualty Insurance Company, do hereby certify that the foregoing is a true. andcorrect statement of the Assets and Liabilities of said Corporation, as of December 31, 202l,tothe best of my knowledge and belieL
IN WITNESS WHERE0F, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this gh day ofMarch.2022.
Assistant Secretary
r 919
S-1262OClCla 3t22
Page 2940 of 9661
OPENING DOORS TO OPPORTUNTT S
Redlands Christian Migrant Association
Resolution#22-l:1
Be it resolvcd by thc State Board of Directors of the Redlands Christian Migrant Association that the
RCMA Executive Director, (or the Associate Executive Director of RCMA in the absence of the
Executive Director) is authorized to negotiate and contract on behalf of the Board of Directors and
RCMA for funding the early childhood and charter school services for the 2022-2023 program year
from the following government and pnvate agencies or entities:
1, Children's Boards in Florida
2, Children's Scrvice Councils in Florida
3. Commercial, church, foundations and private organizations or individuals
4. Community Colleges, Private Colleges, Universitics or other institutions of leaming
5. County Commissions in Florida
6. County School Boards (or Boards of Public Instruction) in Florida
7. Department of Childrcn & Families or any successor Florida department
8. Departrnent of Education or any of its state subdivisions in Florida
9. Department of Transportation
10. Housing authorities (or management groups under contract with a housing authority) in
Florida
11. Division of Early Leaming
12. Office of Head Start
13, Rural Health Service Providers
14. United Ways or United Funds in Florida
15. Florida Departnent of Agriculture and Consumer Services (National School Lunch Program)
16. Florida Deparhnent of Health (Child Care and Adult Nutrition Program)
Be it further resolved that the Executive Director, (or the Associate Executive Director of RCMA in
the absence of the Executive Director) is authorized to negotiate and contract funding for early
childhood and chartcr school services from any governmental or non-profit agency not listed abovc.
Be it further resolved that the Exccutive Director, (or the Associate Executive Director of RCMA in
the absence of the Executive Director) is authorizcd to ncgotiate and enter into contracts, installment
sales agreements, leases, and othcr corporate obligations (including leases and contracts for the
purchase and salc of rcal cstate) to carry out any and all purposes of RCMA (including but not
limited to the purpose of implementingiusing available funding fbr early childhood and charter
school servicos for the purpose of providing early childhood and charter school serviccs for the 2022-
2023 program year) and to execute all documcnts nccessary until such authorization is terminated by
the Board of Directors in writing.
lune 6,2022
RCMA State Board of Directors Meetiug
Irirmokalee, Florida Medora Krome, President
Page 2941 of 9661