Agenda 04/11/2017 Item #16A 204/11/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$49,040 which was posted as a guaranty for Excavation Permit Number 60.133 PL20150002693.
_____________________________________________________________________________________
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 Buckley, PL20150002693. 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 $49,040. 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. Bond and Agreement (PDF)
16.A.2
Packet Pg. 289
04/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 2803
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $49,040 which was posted as a guaranty for Excavation Permit Number 60.133
PL20150002693.
Meeting Date: 04/11/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
02/27/2017 7:40 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/27/2017 7:40 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/27/2017 8:36 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/07/2017 2:17 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/09/2017 3:57 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/10/2017 8:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:08 AM
Growth Management Department James French Additional Reviewer Completed 03/20/2017 9:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2017 4:46 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/28/2017 2:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 6:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM
16.A.2
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16.A.2.a
Packet Pg. 291 Attachment: Location Map (2803 : Release excavation bond Buckley)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into thisf day of J,lv,
2016 between Pulte Home Corporation hereinafter refened to as "Developer," and the BoE?ddf
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. PL20150002693 (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").
4.The Excavation Work shallnot 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.
5.The County Manager or designee shall, within sixty (60) days of reeeipt 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 fulfill in order to obtain the
County Manager's approval of the Excavation Work.
6.ln 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 seeurity lo 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 completion of such
1
2.
3.
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $49,040.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permit, Collier County, may call upon the excavation performance
security to insure satisfactory completion of the Excavation Work.
16.A.2.b
Packet Pg. 292 Attachment: Bond and Agreement (2803 : Release excavation bond Buckley)
construction, the final total cost to the Board thereof, including, but not limited to,
engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of
Developer to fulfill all of the provisions of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this (ri5 day of_[|s, 201G.
I
SIGNED IN THE PRESENCE OF:
Sign:
Printed Name Po' 8^"'*
sisn: fWvfrmrkf\l.$
Jff{(Jn rYrirm&&t I
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
to form and legality:
Scott A. Stone
Assistant County Attorney
(Pulte Hsme
Michael Hueniken
(Director of Land Development)
BOARD OI"
OF COLLIER
B)',
as
pursuant to Resolution No. 2015- 162
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16.A.2.b
Packet Pg. 293 Attachment: Bond and Agreement (2803 : Release excavation bond Buckley)
EY?fi &11 A
,
PERFORMANCE BOND
FOR EXCAVATION WORK
KNowALL pERSoNs ByrHEsE pRESENTS: thal Bond No suR0038709
24s1 lwarden
""'1*'8r13il,:
:Sf "#li! rr,,nr., rL 34 1 34
(hereinafter reiened to as "Owner,') and
Argonaut Insurance Company
4600 S Syracuse St, Suite 400, Denver, CO 80237
(hereinafter referred to as "Surety") are held and flrmly bound unto Collier County, Florida, (hereinafter
refened to as "County") in the total aggregate sum of Forty Nine Thousand For$ and 00/100 Dollars($49'040.00) in lawful money of the United States, for the payment of which sum wefi and truty to bemade, we bind ourselves, our heirs, executors, administrators, successors and assigns, joinily andseverally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THI$ OBLIGATION is such tha!'urhereas, the Owner has submitted for approvat bythe Board a certain excavation permit no.@91y1fu2g?*tsauckley, Project P1201500026g3 and that certainexcavation permit shall include specific improvements which are reguired by Collier County Ordinancesand Resolutions (hereinafter "Land Development Regulations"l, ihis obtigation of the Surety shalcommence on the date this Bond is executed and shall continue until the date of completion of thl work
and approvalby the Coun$ of the specific irnprovernents described in the Land Devetopment Regulations(hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a ctiange ofOwnership.
NoW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties inaccordance with the Land Development Regulationi during the guaranty period established by theCounty, and the Owner shall satisfy all claimiand demandsJncurred anO snail fully indemnify and saveharmless the County from and against all costs and damages which it may suffer 6y r.*"ron of owner,sfailure to do so, and shall reimburse and repay.the Countyitt outtay and eipense *nich tne County mayin-cur in making good any default, then this obligation snatt be void, o$rerwise to remain in fult force andeffect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees thatno change, extension of time, alteratisn, addition or deletion to the proposed specific improvements shalin any way affect its obligation on this Bond, and it does hereby waive notice of any such change,extension of time, alteration, addition or deletion to the proposed specific improvements-
PROVIDED FURTHER, that it is expressly agreed that the Bond shalt be deemed arnendedautomatically and immediately, without formal and separate amendments hereto, so as to bind the ownerand the Surety to the full..and faithful performance in accordance with the Land Developro*nt Regulations.The term "Amendment," wherever used in this Bond, and whether referring to ir,o Bond, or otherdocuments shall include any alteration, addition or modification of any characterlvhatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERF0RMANCE BOND to beexecuted this 15th day of June, 2016.
WITN Pulte Home Corporation
Bryce Langen, Assistant Treasurei-
Printed Name/Title
(Provide Proper Evidence ofBe
ry
unders Authority)J.
16.A.2.b
Packet Pg. 294 Attachment: Bond and Agreement (2803 : Release excavation bond Buckley)
,
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FQREGOING PERFORMANCE BOND WAS ACKNOWLEDGEO BEFORE MT THIS 1sth DAY OF
JUNE, 2016, BY BRYCE LANGEN AS AS$ISTANT TREASURER OF PULTE HOME CORPORATION
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public - $tate of GEORGIA
(SEAL)
RLEY HUTC
WITNESSES:Argonaut lnsurance Company
eLl
Ann Brandt
JUNE, 2016, BY JEREMY
WHO IS PERSONALLY KN
Notary Public -
Vroornan
k, Attorney-in-
Printed Name/Title
(Provide Proper Evidence of Authority).
ACKNOWLEDGMENT
STATE OF ARIZONA
COUNTY OF MARICOPA
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1sTH DAY OF
POIK AS ATTORNEY-IN.FACT
TO ME, OR HAS PRODUC
OF ARGONAUT I
ED ltbe NSURANCE COMPANY
AS IDENTITICATION
am,fYr rurcHl6IEtHc
Csr{r{trion ErsiGr Apr I7 ?0lt
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JODI VNOOMAN
NOTARY PUBLIC - ARIZONA
MARICOPA COUNTY
My Comrriusbn Expir*s
Aprit ?0. Z0l9
l4-ElS-02650r?
(sEAL)
MichaelW. Taylor&*.{ . '
16.A.2.b
Packet Pg. 295 Attachment: Bond and Agreement (2803 : Release excavation bond Buckley)
Argonaut Insurance Company
Deliveries Only: 225 W. lVashington,24th Floor
Chicagon IL 60606
United States Postal Service: P.0. Box 469011, San Antonio, TX 78246
POWER OF ATTORNEY
KNOW A1.1" MllN BY mF^sl] PRISENTS Thar ttr Argonaut tnsurancc Company. a Corporation rlull- organizcd and existing under thc laus r:itlx Smre
oflllirnis andhavrngitsPrineipslolliceinthtCountyofCrxrk,lllinois doesherebynominarc,constiture{rnd&pp,oint,
Jessica Hol l&endrr. Jsremr, Polk
AS-009?999
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named ahxq tn'make, execute, stul and deliver for
and otlrr ur*rtalrings in suretyshtp prorirkd.
Tkir tnr rd kwfut a$n(s) and .trorxy(slin-frct, eah in tlxir sryrate capacity if more *wr ono is rld on its bclulfes surcty, arrd rs is act ud deed any urd rtl bonds, contrac,ts, agrccmcnts of indcmniry
iottttu, ttni thc panl sr^rn of orry onc srrh instnrmant cxccutrd hcreurdcr shall no cxcecd thc rum of:
s39^000-000.Q0
This Po*trof Attonry is Srantod ard is sigrd &rd scalod urdcr*d by thc authority of thc fsllowmt R€lotutioar doprcd by fu Board of Dir€dors of
Aryonau lrxrrance compory:
.,.,, .,,,,
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'RESOLVED, Ttnt thc Prssident &nirx Vicc Prcsident vrcr Pi"side& Assistant Vicc fieiffi,pocra.ry. Trrasurer erxl r&eh of thcm lnrctry is
qrthoriz.d !o cxccu& pou,ers of attomey, sxd slrh authorig can be execured by* ur of @g rigndurc, whrct! may bc anes&d or acknowlcdgd lry any
dliccr or attonry, of thc ComFny" qrrali$ing tlr auomcy or aflorrEys rramed in tr giv&Th;er of ettorney, to cxecr{e in bchalf of, rd rcknowledge as
trc act ad ded of lhc Argonaut Imuarrct Company, alt bond undenakrngs anC conJrrcts dsureryship, and ro affix tlre corporate seal thcrcto.'
('orrrpanl lra-s caused its ofllcial seal
by.
Jochu C. Bctr, Senior Vice President
S"I'ATE OF TEXAS
COUNTYOTHARNS SS:
N WITNSSS WHEREOF, Argonaut Insurance
ruhoriaed officcr on &c l$th day of July, ?0 ll,
0n thir l&tr d*y of July, 2013,
canc THE ASOVE OFFICER
instrummt, ud hc dcnowlc$cd
and that tlrc scal sfiixed
&ly affixcd ard
Dircctorr of
IN
l'lotary Public of tlx Strtc of Tcxas, in snd fa{ tht Cs$ty of l{anis. d{rb rommissioned arxl quolified,
NY, lo mc pr*oaally knotn to be tlr idividrnl and officer dcscribcd in, and **ro cxccubd tht prec*drng
ofsamc. ard bcing S mc duly suutt dcpo$cd ard sel, $st hc is thr officcr sf tht said Company aforesaid.
insrumcnl is thc Capcxc Scal of sail Compmy. rd thc said Corporatc Scal and his signaure as olficcr wtrc
to said insruncnt hy thc au0mrity and dircction oftftc said eorporarion, and thar Rcsolution adopted by thc Borrd of
10 in thc prcc.ding instrument is now in forcc.
I hare htreunto stt my hand, antl afir*d my Oflicial Se*l al lhe Counw of llarris, thr <tay *nrj ycar l'irsl abovr r*ri1en,
-fdr'r,r-t'rn.'fr\ura
T lllrl 11'()RDS .\R(;O PO\l'l:R {)l;
1'rrl, Do(:'tiilli\t ls tsstiil) {}ri
to be lrmeirrro aflixed and tlrcse pts*n* to be sig$ed by its duly
Sarah Heirrrnan , VP-Urdcnwiring Surety
Art'oRNtiY ANt)'rn}: !if,Rt.,{1. t\t,l\tsl]a l]i THli trpp}]R
1!',A'rt:lrt]tARKf,.D trAptiR. tr \ 01'fi,.r].]: Qt)[x.fi()Ns 0N
(:Al.r. (2t01 l:r -,t{t}0.
{Notan,Puhlic}
I.Ihe udst$i$rxd 0rlicff of lhc Argona*t Insumce Company" lllinais forporation, do h$rby ssfli& $at rhe orisinat rOWXR Of A"ITORNEy nf w&ieh
tlir forcgoing is a full, tnr and c*:, "uw is sill in tull forcr snd crrcr erd has nor bccn revokd.
lN WITNESS WHEREOF, I havc l*rcur*o *t my hand, and atlixed thc Scal olsaid Company. on *r 1 5th 6ay or June 201 6
lllts t)(x'('lltl:\1 ls li{}'l'\'Al,tt) I \l [:ss
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Argon&ul lrrsurance Conrpany
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16.A.2.b
Packet Pg. 296 Attachment: Bond and Agreement (2803 : Release excavation bond Buckley)