Agenda 04/11/2017 Item #16A 104/11/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$78,620 which was posted as a guaranty for Excavation Permit Number 59.902-27 PL20160000294
for work associated with Coquina at Maple Ridge Phases 2 and 3.
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 Coquina at Maple Ridge Phases 2 and 3, PL20160000294. 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 action.
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. - SAS
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $78,620. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Bond (PDF)
16.A.1
Packet Pg. 281
04/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 2787
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $78,620 which was posted as a guaranty for Excavation Permit Number 59.902-27
PL20160000294 for work associated with Coquina at Maple Ridge Phases 2 and 3.
Meeting Date: 04/11/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
02/22/2017 6:04 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/22/2017 6:04 AM
Approved By:
Review:
Growth Management Department Judy Puig Additional Reviewer Completed 02/22/2017 3:31 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/24/2017 8:35 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/09/2017 3:56 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/10/2017 8:27 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/10/2017 2:14 PM
Growth Management Department James French Additional Reviewer Completed 03/20/2017 9:33 PM
County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 03/21/2017 9:43 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2017 4:41 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/28/2017 2:23 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 6:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM
16.A.1
Packet Pg. 282
PROJECT
LOCATION
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Torltr{ 0r
Al/E MARIA
IMMOIfiLEE ROAD o
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IMft|OKALEE
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16.A.1.a
Packet Pg. 283 Attachment: Location Map (2787 : Release Excavation Bond Coquina)
EXCAVATION PERFORMANCE AGREEMENT
JTTHIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
l}'ta*:h 2016 between Ave Maria Development. LILP hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter
referred lo as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section
2?-106, et al. af 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. 59.902-27 (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').
Developer herewith tenders ils excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $78,620.00.
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 satisfaetory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifies
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 Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavalion 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 fulfill in order to obtain the
County Manager's approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon cerlification of such failure, the County Manager or designee
mly 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, [ursuant to public advertisement and receipt and acceptance of bids,
the Excavation work. The Developer, as principal under the excavation
1
2
3
4
5.
6.
16.A.1.b
Packet Pg. 284 Attachment: Performance Bond (2787 : Release Excavation Bond Coquina)
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 respeclive 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 "il
j' day of 2016.
SIGNED IN THE PRESENCE OF:
Sign:
Ave Maria
By: Barron , a Florida
,r/*,*
Printed *d*D &"i )sa'-'
Sign
{or*
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
as to form and legality:
Scott A. Stone
Assistant County AttorneY
Printed Nameffitle
(President,,VP, or CEO)
, Vice
BOARD OT COUN'TY COMMISSIONTRS
OF COLI-IER
a$the
pursuant to Resolution No. 20 l5- l6l
7.
16.A.1.b
Packet Pg. 285 Attachment: Performance Bond (2787 : Release Excavation Bond Coquina)
€\ttrai< A
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. 10&468192
KNOW ALL PERSONS BY THESE PRESENTS: that
Ave Maria Development, LLLP
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as "Owner'') and
Travelers Casualty and Surety Company of America
One Tower Square, 38
Hartford, Connecticut 0681 3
800-873-1477
(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 Seventv-eioht thousand six hundred * twentv
dollars and 00 cents ($78.620.001 in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,
as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. 59.902-27, (Coquina at Maple Ridge Phases 2 & 3,
PL#20160000294) and that certain excavation permit shall include specific improvements which are
required by Collier Coun$ 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, othenvise 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 formaland 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.
16.A.1.b
Packet Pg. 286 Attachment: Performance Bond (2787 : Release Excavation Bond Coquina)
tN WITNESS WHEREOF, the parties heretp have caused this PERFORMANCE BOND to be executed
this 30th davof March,2016.
WITNESSES:.Ave Maria Development, LLLP, a Florida limited
liability limited partnership
Print Name *.Vt6rtfu"t By: BARRO R RA a Florida
corpora Partne
lr it tY lrn fl,l- o i ivt-B
E ird, Vice nt
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FoREcotNG pERFoRMANcE BoND wAS ACKNowLEDGED BEFoRE ME THts 3lsr oRv
oF rn*trH 10, BY DOUGLAS E. BAIRD, A$ VICT PRESIDENT OF BARRON COLLIER
CORPORATION. A FLORIDA CORPORATION.ITS MANAGING PARTNER, WHO IS PER$ONALLY
KNoWNToMEoRWHoHASPRoDUCED-ASlDENTlFlCATloN
Public - State or F['xrh.(SEAL)
Print Kim D. Davidson
WITNESSESI Casual and rety Company of America
By
Name
Charity A. Moser, Attorney-ln-Fact
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGMENT
STATE OF TLORIDA
COUNTY OF COLLIER
?,lL
THE FOREGOING PERFORMANCE BOND WAs ACKNOWLEDGED BEFORE ME THIS ]L' OAY OT
litkz t , zo lV , By cHARtry A MosER As ATToRNEv-IN-FACT oF TRAVELERS cASUALTY AND
suRETY COMPANY OF AMERICA UrHq IS}EBSoLA!!Y I(N$,WN.rO ME, OR HAs PRODUCED
AS IDENTIFICATION.
KRrsrrN m, Nelfffl)
NOTARY PUBLIC
STATE OF TLOR'DA
coMMISSTON NO. EE884505
MY COilMISSION EXPIRES tr{Ay 5, ?01
L
me:
lCl'l0.0Al&S00t
HY CqilflSstoi , FF 0m6c0
EXPIBES: fabruary 13, 20lE
ledld Ik! l.Bry Adc (JrldaMtc'r
16.A.1.b
Packet Pg. 287 Attachment: Performance Bond (2787 : Release Excavation Bond Coquina)
.TRAVELER5?t,o\\'[_R o[,rft'{)RNU}'
l'arminglon Cosualty Conrpany
F'idelil.r and (iuaranty Inrurnne* (umpanl'
Fidelill and Guaranly Insuranrt flnderxrittrs. Inc.
St. l'&ul !'ire and illarinc lnsurancr Complrn}
St. Paul Guardian Insuranee Cornpany
St. lhul il{errury lnsurancr Company
Travelers Casuall.,-- and Surdl (.'ompanl-
'l'ratekrs (]a,.;ualt.r and Su rtl;" (bmpan,r ol' Anrrrka
t'nilrd Stslui t'idt'lil1 and (;u:rrant! (ionrpanl'
lsl
St. Paul }Itrrur3 bsrrrastr ('onrp&ny
-l'rarrlers ('asuulll and Surct"v.. Companl
'l'r;rr.elcrr (:asuolt) and Surtl.v Comprurl' of Anrcric:r
l-,nited Stats l'idclitr and (;uarant] ('omprrny
Allorucl--ln Fucl \o. l:9{66 ( trlilitalt \r.r,006358559
KNOW ALL MtrN BY THXSIi PRI{Iit-l{T$: Thal li*mringtutr Casualty Cnrnparry. lit. Prul Firc *nt{ Murin* lnsurnce Ctrnpanr. St. Paul Cuanlian Insur*nce
laws of the State of Wixonsin {hercin collectivcly called the "Cornpanies"), and that the Conrpaniex do hereby mrke, constilutc rnrl appoint
nl the City rf Naplcs \1xtr I rlorirl;r
lheir trtre ald la*ful Attrtrncv(s)-in,flact"
loRlrlets and cxfcuting or guxantccing lxrnds anrl unrlefli*,ingr rcquired or ;xlmi$ad in any aclion: or prmerdings *llo*ed hy la*,.
the Companiellrar c eauscd thi$ instrurn$rlt to trc signed. and their corp*rare s*irh to h* hereto atfixed, rhis' ?ol5
['arnriuglon Cxiually'. {.iampany
Iiidelill' and G*ar*nt-v lnsuran*t fompuny
I'idrlit.1- and (;u{rant! lnrumntr Llndrrrrlters" lnr.
St. Paul firs und Harinc lnsurancr Conrpan.r
St, Paul (iuardian lnsurance ('onlpany
ffi@@ ffi
Statc nf Gxrnrclicu!
Citl' of llarrfonJ rr.
111 :
llohcn L, Rancl,\ iir l\:e:rrlrrt
lst
dav ttl Junc . ?01 5
. telhre me lxrsonrlly uppearett Roben L. Rlney. who acknowlcdgctl himse lf to0n this the
Fire and Marine lnsurance Company. Sr. Paul Cuardian lnsurancc Cornpan;''. Sr. Paul Merculy Insurance Clompany. Truveleni Casualty and Surety Compi*ry, Traveler
inttnrment fnr the purposes thrrcin contained by signing on bchlrlf of the corperatiorrs by hirnsclf as a duly autlorized ollicer.
ln \tiln*s tYhereof. I hersuul$ stt tlry hunril antl olfieill seal.
My- Crrnrnrirsion cxpires tbe -{}th day.16Ju$t.3016.
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58440-8-12 Prinled in U.s.A.
WABNING:THIS OF ATTORNEY WITHOUT BED
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16.A.1.b
Packet Pg. 288 Attachment: Performance Bond (2787 : Release Excavation Bond Coquina)