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Agenda 03/22/2016 Item #16A16 3/22/2016 16.A.16. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $81,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150001913)for work associated with Isles of Collier Preserve Phase 7. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Department routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the Land Development Code (LDC). The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for Isles of Collier Preserve Phase 7 (PL20150001913). On November 10, 2015, the construction plans and plat were approved by the Board of County Commissioners. Once the construction plans and plat for this project are approved, the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary GROWTH MANAGEMENT IMPACT: There is no growth management impact associated n with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of$81,000. Development Review 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: John Houldsworth, Senior Site Plans Reviewer, Development Review, Growth Management Department Attachments: 1) Location Map 2) Copy of Performance Bond Agreement 3)Copy of Bond Packet Page-939- 3/22/2016 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$81,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150001913) for work associated with Isles of Collier Preserve Phase 7. Meeting Date: 3/22/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 2/17/2016 6:31:44 AM Approved By Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 2/22/2016 4:43:37 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 2/22/2016 4:44:24 PM Name: McLeanMatthew Title: Project Manager,Principal,Development Review Date: 2/23/2016 1:30:58 PM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 2/26/2016 2:42:39 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 2/29/2016 11:09:06 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Packet Page -940- 3/22/2016 16.A.16. Date: 3/3/2016 8:36:59 AM .-. Name: KlatzkowJeff Title: County Attorney, Date: 3/3/2016 9:45:27 AM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 3/7/2016 10:27:18 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 3/13/2016 5:17:52 PM Packet Page -941- 3/22/2016 16.A.16. , . E.' ., , a ,. N r ,t,i f { ' E r. ;g �" . ) I. ',;..J ° uw. 4cra.. M,t,, 4 f !r,„.., , '4. 'r, i•a d. i `�( r ‘, l�as .icy `"F `," 1 _ V + " s ' r , 3f'"" :., j�l�F si:";'_ :t„aQ a°¢x4"r 5i 'At"'.'_ `^ r✓��wny^'v+.'rY,c riw++ t 'r *E.. d,. Y�['4 w f S G`z ya{±i' I F. f `f' � , ' � ! 'sl �.; : =°' '1,,,a -.1, ��� Jai` .. j y THOiitAtfi __ s ,!„ry •s w3 r'.. „ ' . RATTLE NAKE KAMMOCK RD '' 7 i - f :V _..,._ t'',*..-m„Q--1 * *-�-•imminta "'I-ft' . - r x+ .417-s s r k , =a _ �. 1 � . ,.; �.,,, s` lr; .� 7i1I Sett ,I ■ N !L ' K ,,,,, i i e, ,e',/ 6-4.ii.J44-4 ,.91 r , t ' .,'t,.;,,,,..,.,). rte.,. 1 i i I. �} *+,,., 1 « .J �'d r N w y PROJECT N LOCATION MAP MOW Yu13B g ELI nc I� r L„,..+... -11e.,wrv(,,... 114114 1 Packet Page -942- 3/22/2016 16.A.16. EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 6th day of October , 2015, between Minto Communities, 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL20150001913 (the "Early Work 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: 1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). 2. Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ 81,000.00. 3. In the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. 4. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. 5. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early 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 Early Work. The Developer, as principal under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final Packet Page -943- 322.2016 16.A.16. '—~ total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costo, together with any damagaa, 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 shall be binding upon Developer and the respective successors and assigns of Developer. IN WITNESS WHEREOF, the Board and Develo cau to be � m��. 7� \,%,` executed by their duly outhor�ednapnaaentadveothis um^, ` day of� //`�tn/f�Y- . 20 . SIGNER I T E P SENCE OF: K8intoCommunitieo. LLC S~� : �~ ^�� W/ "r '� / v^� �� � i� � ' 'Y By: ` - -'� � ~�� _ _ -- ' ~ -^ _-----____ -_ Printed -DO8 �~ Michael J. Belmont, President Qign: � ' ' , ` Provide Proper Evidence of Authority) ~—~ Printed Name BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: By: , . as designee of the County Manager pursuant m Resolution No.2O|S-l02 DWIGHT E. BROCK, CLERK By:Deputy Clerk Approved as to form and legality. Scott A. Stone Assistant County Attorney ! � Packet Page -944- 3/22/2016 16.A.16. Bond No.80109492 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BY THESE PRESENTS:that MINTO SABAL BAY, LLC 4400 W. SAMPLE ROAD, SUITE 200 COCONUT CREEK, FL 33073 (hereinafter referred to as "Owner") and THE GUARANTEE COMPANY OF NORTH AMERICA USA ONE TOWNE SQUARE, SUITE 1470 SOUTHFIELD, MI 48076 (813) 321-7696 (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 One Hundred Thirteen Thousand Four Hundred Eighty and 00/100 Dollars ($113,480.00) 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 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 Early Work Authorization Permit No. PL. 2 e, i500C)c,4f`?L- and that certain Early Work 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") uw,iiii,30 cea._t a rev Dona s .._'a event at chancL Dwnf rsfri 1. 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 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 20"' day of March. 2015 Page 1 of Packet Page -945- 016 16.A.16. VVITNt.): MINTO SABAL BAY,L ~,� - ~ � ` -�=.m�°�� ^``, Print: mk,k3I\ t-kv- UUiernCOstellm V.P. of Finance birgmn�� a��m/�L� Print: 91mv,+w�� (ri/141.4*w, Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF fcR \+\ COUNTYOF��0,�,�,�k�\ THE 0NQ PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS/-.) DAY OF . , BY (NAME OF ACKNOVVLEDGER) AS (T|TLE)\/� ts,',e4...cri WHO |S PERSONALLY KNDVVNTDK�E. OR HAS PRODUCED AS IDENTIFICATION. _ Notary Public- State of rt..t�9 /°-� LAURA tAFAI1C1 (SEAL) tktM, comminslom EE 157114 *-4 EXPIREA:Fetxuary 13,2016 Printed Name: / o_-r ` / ' THE GUARANTEE COMPANY OF NORTH AMERICA USA ^~ ' Print: }' / ���i f�.�/. +' ` y &4ar�S�nohhe, Print: I y� Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF GEORGIA COUNTY OF FULTON THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 20th DAY OF March , 2015, BY Maria Sionorile AS Attorney-in-Fact OF The Guarantee Company of North America USA WHO IS PERSONALLY KNOWN TO ME,OR HAS PRODUCED n/a AS IDENTIFICATION. Notary Public -State of Georgia ~ _'^ (SEAL) Sign: 62."-n Printed Name: Beth Kitchens Harmon Page of Packet Page -946- ' .� 3/22/2016 16.A.16. *THE The Guarantee Company of North America USA ir rrAu ki i " EE Southfield,Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS:'That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan.does hereby constitute and appoint Maria Signorile,Wesley P.Williams Aon Risk Services South,Inc. its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December,2003. The President,or any Vice President•acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4 In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting '" duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,contracts of indemnity and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. aN"FFC IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and -� its corporate seal to be affixed by its authorized officer,this 23rd day of February,2012. (' � THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO f Randall Musselman,Secretary County of Oakland On this 23rd day of February,2012 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn.said that each is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company, that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. 7akai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee >, . Notary Public State of Michigan Company of North America USA offices the day and year above written. County of Oakland f� w , ay My Commission Expires February 27,2018 / �,, Acting in Oakland Courtly ` `l Gt lQe� MC" A I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. rr'""'n-v IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this day of 11 a 0 \T J Randall Musselman,Secretary Packet Page -947-