Agenda 05/09/2017 Item #16A 605/09/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$122,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20160002228) for work associated with Isles of Collier Preserve Phase 10.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division 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
10 PPL, (PL20160001842). On February 14, 2017, 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 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 $122,000. 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 Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Bond (PDF)
16.A.6
Packet Pg. 521
05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 2979
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $122,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20160002228) for work associated with Isles of Collier Preserve Phase 10.
Meeting Date: 05/09/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
03/29/2017 2:29 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/29/2017 2:29 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/03/2017 10:53 AM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 04/05/2017 11:43 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 04/06/2017 8:25 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 04/07/2017 10:57 AM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 03/29/2017 2:52 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/07/2017 4:04 PM
Growth Management Department James French Additional Reviewer Completed 04/09/2017 12:26 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:28 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2017 4:57 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 04/27/2017 1:52 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 8:58 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
16.A.6
Packet Pg. 522
16.A.6.a
Packet Pg. 523 Attachment: Location Map (2979 : Bond release Isles of Collier 10 EWA)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 8th day of
December, 2016, between Minto Communities, LLC hereinafter referred to as "Developer," and
the Board of County Comrnissioners of Collier County, Florida, herelnafter 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 10.01.02.8
{collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulalions require Developer to post appropriate
performance guarantees to ensure compilance with the Early Work Regulations and Early Work
Authorization Permit No. PL20160002228 (the "Early Work Permit").
NOW, THEREFORE, in consideration of the ioregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $12?,000.00.
ln 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.
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.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work rs 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
condiiions which Developer must fulfill rn order to obtain the County Manager's
approval of the Early Work.
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
miy call upon the early performance security to secure satisfactory completion'
rep"ir and maintenanie 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
beveloper, as principal under the early performance security, shall be liable to pay
and to inOemnity the Board, upon completion of such construction, the final total
cost to the Board thereof,'including, but not limited to, engineering, legal and
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16.A.6.b
Packet Pg. 524 Attachment: Performance Agreement and Bond (2979 : Bond release Isles of Collier 10 EWA)
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this Bth day of December, 2016.
SIGNED
Sign:
PRESENCE OF Minto Communities. LLC
Printed Name T?drr-t brDwl
$ign:Michael J. Belmont, President
Name 4**oq $Lr**"an -rr/'
IIOARI) Of COL.TN'l'Y COMMISSIONIlRS
Of COl.l.llrlt COtiN'l'Y. ILORll)n
/U"tt
v
By:
ATTEST
DWIGHT E BROCK, CLERK
Deputy Clerk
lly:frrb^ntl{tl
as designee of the County Manager
pursuant to Resolution No. l0 I 5- l 62
AOOfved as
fo
form and legality:--tr
ilJ; stone
Assistant County Attorney
16.A.6.b
Packet Pg. 525 Attachment: Performance Agreement and Bond (2979 : Bond release Isles of Collier 10 EWA)
Bond No.: 80130968
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOWALL PERSONS 8Y THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as "Owne/') and
The Guarantee Company of North America
One Towne Square, Suite 1470
Southfield, M|48076
(238)281-0281
(hereinafter referred to as "Sure$") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of One Hundred Twentv-Two ThpPg3.nd and 00/100
Dollars ($122.000.00) in lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, suocessors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Early Work Authorization Permit No. PL20160002228. lsles of Collier Preserve
Phase 10 afld that certain Early Work Authorization shall include specific improvements which are
required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations").
This obligation of the Sure$ shall commence on the date this Bond is executed and shall continue until
the completion of the work and approval by the Coung 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")or
until replaced by a new bond in the event of a change in 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 Coun$ frorn 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 Coung may
incur in making good any default, then this obligation shall be void, otherwise to remain rn 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.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this ]f day of December, 2016.
16.A.6.b
Packet Pg. 526 Attachment: Performance Agreement and Bond (2979 : Bond release Isles of Collier 10 EWA)
WITNESSES
Printed Name ,ANII Lt,rK-
Printed Name
WITNESSES
Printed Name,baz
STATE OF Florida
COUNTY OF Miami-Dqde
IDENTIFICATION.
Notary Public - State of Florida
Minto Communlties, LLC
Ultlam Costello
V.B of Fiit*nee
Printed Name/Title
{Provide Proper Evidence of Authority)
BEFORE THIS OF
WH IS
AS IDENTIFICATION
(SEAL)
The Guamnles Company ol North
By:
Cla $dette AlexanderH uflt-AlteIney-jn-fegl.""
Printed Name/Title
{Provide Proper Evidence of Authority} - 't:: 'r r}
ACKNOWLEDGMENT
By
ACKNOWLEDGEMENT
STATE OF
COUNTY
THE NG BOND WAS ACKNOWL
B (NAME OF ACKNOWLEDGER)
AS oF {NAME OF COMPANY)
PER Y TO ME, OR HAS PRODUCED
- State
nted $l
THE FoREGoING PERFoRMANCE BoND WAS ACKNOWLEDGED BEFORE ME THIS 1zth DAY OF
December, 201!, BY Glaudette Alexandeltlun( nS S!rylq&! Of r,19 Guglallee.CP,.meanv,oi
froilfi-ffieriii us@ xrlowx To ME, oR HAS PRoDUcED n/a AS
uY CcBfiass${ t FF947789
EXPIBES: Fobruaty 13' 2020
Bo{ded Tlu! telrry Pu&c Ut$rrdets
Jacque
ffi tlo&ry Pullic Ste& ot flo*d&
eamrllo M Cu
My Commir*on fF 0{?586
€xpi$r 0t&S4017I
Printed
(sEAL)
Name
16.A.6.b
Packet Pg. 527 Attachment: Performance Agreement and Bond (2979 : Bond release Isles of Collier 10 EWA)
fit The Gusrea,tee Comparry of Horth America U$A
$outhfeld, Michigrn
POWER OF ATTORNEY
6UARANTTI"
KllOl,Y ALL BY THESE PRESENTS: Thsl THE GUARAXTEE COIaPANY OF XORTH AiiERICA USA, a corporation organized ard existing unde, the
lavrs o{ the State of Michigan. having its principal office in Soulhfield, Michigan. does hereby conslatute and appoinl
Claud€tt€ Atsxander Hunt. Jacquellne Jg{dan Hampton
Aon Rtk s€rviss, lnc. of Florida
its true and lau,{rl atlonEy(s)-in-fact lo execule, seal and delircr tor and on its behall x surety, any ancl all bonds and undertakings, contracis of
indemnity arld other wrilirEs ouigatory in lhe nature thereol wtlich are or may be allo$,ed, required or permitted by lavr, statute. rule. regulalion. conlracl
or olhenYise.
The execution of such inslrumert(s) an pursuance of these presents, shall be as binding upon THE GUAR^AiITEE COrTPAIY OF NORTH AI{ERICA
USA as fully and amply, to all inlents and purposes. as if the sarne had been cluly execuled and acknowledged by its regularly elected offcer3 at tfie
principal office.
The Po$,Er ct rttorney is executed tnd may be cerlifed so, and may be rovoked, pursusnt to erd by authority of A(ide lX. Section 9.03 of the By-Laws
adoded by the Boerd of Oireclors of THE GUARATITEE COflPAt{Y Of HORTH AilERICA UgA al a meeting held on the 31" day of December. 2003
The Presiderd. or any Vico Presdent, ac{ng udth any Secnetary or A$i$tant Secrelary, shall have pouer and authority:
'l To appoint Atlomey(s)-in-hct, and to authorize thern lo execule on behal, ol the Company, and atlach the Seal of lhe Company thereto,
bonds and undertakings, contracts ot indemnity and olher lvrilings obligatory in the nalure thereof; and2. To revoke, at any time. any such Atlorney-in-fact and revoka the authority given. except as provaded belo.v3. ln connecllon with obligations in farcr of the Florida Degartment of Transporlalron only. il is agreed ttEt the poy,er ard authority heteby given
to the Attorney-in-Fact includeS arry and all consenk tor th6 release of relained percentages and/or final eslimates on erqineering and
construclion contracls required by lhe Slate ol Florida Depadmenl of Transponatian. lt is fully urderstood lhat consenting to the State ot
Florida Deparlmenl of Tran$porlalron making paynenl of t& final eslimale to the Contraclot andlor its assignee, shall not rclieve fiis surety
co,npany of any of its obligatiom urder its bond.4. In connection with ohligstion3 in fsyor of the Kentusky Oeparme{tt of Highways only. it is agre€d thal tlB porr.rr and authority hereby given to
the At{orney-in-Facl cannot be rnodiffed or revoked unless pdor $ritten personal nolice of such intent has been giyer to the Commi$$ioner *
Department of Highw"ys of the Cornmon'rvealth of Kentucky at leasl thirty (30) days prior to lhe modificalron or revocation.
Further, lhi$ Pori,er of Attorney is signed and sealed by facsimile pursuant lo resolution of the Board of Direclors of lhe Company adopted at a meeling
duly called and held on the 6th day of December 201 1. of which the following is a true excerpt:
RESOTVED that the signature of any authorized otlicer and the seal of the Company may b€ afixed by lacsrmile to any Poner ol Attorney or certitcation
theteof authorizlng the execution and delivery of any bond, underlaking, coniracls of indemr*V and other writing$ obligalory in the nalure thereof, and
such signature and $eal when so ussd $hall have the same force and cffecl as lhough manually atfixed,
lN WITNESS WHEREQF. THE GUARAXTEE COf,lPAt{Y OF IIORTH AT|ERICA USA has caused lhis instrument lo be signed ard
ils corporate seal to be afixed by its authorized oficer, this 23rcl day of February, 2012.
rHE GUAR.ATITEE COilPAflY OF ilORTH ATERICA USA
W,"U-/,/*
STATE OF TICH]GAT
County ot OakLnd
Stephon C" Ru3chak, Pr$idont & Chisf Oporrting Ofticer Rsndrll lluaaolman, Secrct ry
On this 23rd day of February, 2012 before me came lhe individuals who exacuted the preceding instrument, to me pe.sonally known, and being b,y me
duly sworn, said thal each is the iErein d6s0tibed and authorized oficer of The Guaranlae Company ot North America USA; that the seal afiixed to said
instrument is the Corporate Seal of said Company: that the Corporale Seal and each signature were duly affixed by order of the Eoant of Directors of
l, Randall Musselman, Secretary ot THE GUARAI{TEE COTSPAXY OF }IORTH AIIERICA USA, do hereby cefily that the above and toregoing rs a true
and correct copy of a Por,rer of Attomey executed by THE GUARATiTEE COI*PAI{Y OF ilORTH AflERtCA USA. wt};ch i3 still in ful forneindefea.
INWTNESSWHEREOF, lhav6thereuntosetrnyhandandattadredtheieal ofsai<lCompanythis /I*,.66y4Ie.,r-(r'.*,/-1r;g
lN WTNESS WHEREOF, I have hereunto set my hand al The Guarante€
Company of No.th America USA ofiicas lhe day and year above Mitten
C"/^fr-L O fr-n-.-/
Randall lYussslman, Secrstary
16.A.6.b
Packet Pg. 528 Attachment: Performance Agreement and Bond (2979 : Bond release Isles of Collier 10 EWA)