Agenda 09/13/2016 R Item #16A14 16.A.14
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$579,667.20 to the applicant, Minto Sabal Bay, LLC., which was posted as a guaranty for
Excavation Permit Number 60.080-5, PL20150000492 for work associated with Isles of Collier
Preserve Phase 6.
OBJECTIVE: To release a security which 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 Isles of Collier Preserve Phase 6, PL20150000492. The As-Built lake
cross sections have been received and the lakes have been inspected by the Development Review
Division.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated 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$579,667.20 to the applicant, Minto Sabal Bay, LLC. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1.Location Map (PDF)
2.Performance Bond (PDF)
Packet Pg. 558
16.A.14
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of$579,667.20 to the applicant, Minto Sabal Bay, LLC., which was posted as a guaranty
for Excavation Permit Number 60.080-5, PL20150000492 for work associated with Isles of Collier
Preserve Phase 6.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/05/2016 7:14 AM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
07/05/2016 7:14 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/05/2016 10:14 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 2:54 PM
Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/05/2016 10:14 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/02/2016 1:27 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:01 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 3:01 PM
Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/05/2016 10:14 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2016 3:29 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 4:43 PM
Budget and Management Office Mark lsackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 9:10 AM
Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/05/2016 10:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 9:03 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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Bond No.: 80109493
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PERFORMANCE BOND
FOR EXCAVATION WORK
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 Five Hundred Seventy Nine Thousand Six Hundred
Sixty Seven and 20/100 Dollars ($579,667.20) 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 excavation permit no. Excavation Permit# (O . 0 g0 Isles of Collier Preserve
Phase 6 EXP-PL20150000492 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 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 20th day of March,2015.
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WITNESSES: MINTO SABAL BAY,,I LC
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Print: ‘ ` Li€liani Costello
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V.P. of Finance
Print: Alciavi A I�,., Printed Name/Title
(Provide Proper Evidence of Authority)
r ACKNOWLEDGEMENT
STATE OF r'l,-t-tfc
COUNTY OF `' e.P `;
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
E k , 2Q . BY (NAME OF ACKNOWLEDGER) 4
AS (TITLE) � -° ,w. i' OF (NAME OF COMPANY) MINTO SABAL BAY, LLC WHO IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary aublic -State of ,
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M-gt.31Oil!EL1a71I1 •SEAL)
1r,I c F brtiary 13 2016
t i in u P otary Pui�Ilc Urdety rites
Printed Name. t� tr� b
W,..1T SES:
THE GUARANTEE COMPANY OF NORTH AMERICA USA
By: /
Print: F,c4A. tAk,
- It Maria Maria Signorile,Attorney-in-Fact
Print 4 r tPrinted Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY Maria Signorile 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)
Printed Name: v _
14-EIS-02650/7
[15-LDS-01664/1153567/1j
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THE The he u a tee Company of No h f§m€ric US!
GUARANTEE
Southfield,Michigaf
POWER OF ATTORNEY a
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 attorney(s)-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 31s'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 Attorney(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.
7;;,-k-gee, I
nz 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
4b AMERGP c
STATE OF MICHIGAN Stephen C.Ruschak,Sr.Vice President,COO 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. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
a Notary Public, State of Michigan Company of North America USA offices the day and year above written.
r.�; . County of Oakland
My Commission Expires February 27, 2018 rt, a• f�
Acting in Oakland County
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 i;- full force and of eo,t.
0,01TE�o?A IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this ; day of -
I,
QNAMEP°'' Randall Musselman,Secretary