Agenda 10/10/2017 Item #16A 910/10/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$245,829.60 which was posted as a guaranty for Excavation Permit Number 60.080 -9,
PL20160000520 for work associated with Isles of Collier Preserve, Phase 8.
OBJECTIVE: To release a security which posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guarantees 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 concerning this security. The Performance Bond was posted as security for an
Excavation Permit associated with Isles of Collier Preserve, Phase 8, PL20160000515. 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 $245,829.60. 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)
10/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 3690
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $245,829.60 which was posted as a guaranty for Excavation Permit Number 60.080 -9,
PL20160000520 for work associated with Isles of Collier Preserve, Phase 8.
Meeting Date: 10/10/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
08/28/2017 9:09 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/28/2017 9:09 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/28/2017 7:26 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/31/2017 12:02 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/18/2017 4:38 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/18/2017 5:32 PM
Growth Management Department James French Deputy Department Head Review Completed 09/18/2017 9:31 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/19/2017 11:39 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2017 10:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2017 11:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/28/2017 8:35 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/28/2017 10:13 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/02/2017 8:01 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/10/2017 9:00 AM
PROJECT LOCATM I
K %qI
TREVISO
N,,,,
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 2nd day of Mav ,201! between Minto Communities. LLC hereinafter refened 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 excavation permit in accordance with Section
22-106, et al. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Developmenl 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 ierm-it No. pL2O j 66000520 (lhe
'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 WorlC').
2
2
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit'.A" and by reference made a part hereof) in the amount of gzlqg2glOo.
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.
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.
ln the event Developer shall fail or neglect to fuffill its obligations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work. The Board shall have
the right to conslruct 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
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, eitherj a)
notify Developer in writing of his approval of the Excavation Work; or b) notify the
Developer in writing of his refusal lo approve the Excavation Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manage/s approval of the Excavation Work.
4
6
the Excavation Work. The Developer, as principal under the excavationperformance security, shall be liable to pay and to indemnify the Board, uponcompletion of such construction, the final total cost to the Board thereof,including, .but not limited to, engineering, legal and contingent costs, togethe;with any damages, either direct or consequential, which the Board may s-ustainon account of the failure of Developer to fulfill all of the provisioni of this
Agreement.
7 All of the terms, covenants and conditions herein contained are and shall bebinding upon Developer and the respective successors and assigns of
Developer.
executed by their duly authorized representatives this
lN WITNESS WHEREOF, the Board and Dave ,rtrr have caused this
day of
Agreement to be
201u.
SIGNED IN THE PRESENCE OF:
Printed N
Sign d)t^^--
P
ATTEST:
DWGHT E. BROCK, CLERK
proved a to form and legalig:
Scott A. Stone
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLI , FLORIDA
By:
as ofthe Manager
pusuant to Resolution No. 2015- 162
vfi1tl
i)i,Jl^,.,
Name
By:-
Deputy Clerk
tj\\i^^&*11,
Minto Communities, LLC
ay--5&-S
Steve Svopa, Vice President
(Provide Proper Evidence of Authority)
€,xril gta A
Bond No.:80130962
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter refened to as "Owned') and
The Guarantee Company of North America
One Tovvne Square, Suite 1470
Southfield, Ml 48076
(248)281.0.281
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
refened to as "County") in the total aggregate sum of Two Hundred Fortv-Five Thousand Eioht Hundred
Twentv-Nine and 60/100 Dollars ($245.829,60) 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 js such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. P120160000520: lsles of Collier Preserve Phase 8 and that
certain exoavation 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 speciflc 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 faithtully perform its obligations and duties in
accordanc€ with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisty all claims and demands incuned and shall fully indemniry aod save harmless
the County from and against all costs and damages which it may suffer by reason of Ownefs 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 noUce 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 otherdocuments
shall include any alteration, addition or modification of any character whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 2nd day of Mav. 2016.
[$-rDs{1664/l1s3600/X]
WITNESSES
Printed Nam gfiA fy\d-l Ari €D
,lEanrp )'rla+bx.,
Printed Name FRANI,E5 lvlDfrf oil
STATE OF
COUNTY OF
E FOREGOING P
A (Tl
Minto Communities, LLC
By
m Costello
VP. of Financ.
Minto communiti . LLC
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGEIVENT
n )
RFORMANCE BOND WAS ACKNOWTED E FFORE ETH DAY OF
,2 BY (NAME OF ACKNOWLEDG
oF (NAr\irE OF COMPANY)
ER)
PERSONALLY KNOWN TO ME OR HAS PR ODUCED AS IDENTIFICATION
I1URA WAUCI
N ublic - State of
E
rinted N
WITNESSES:
ed
MY COMMSSICN } FF 047E9
EXPIRESi Fobru{Y 13' 2c20
&ndod Thru Nolrry Publb Undlr il r!
JCt
ThB Guarantee Company of North America USA
By 4
H IS
P a
a-t)
tLL
e, Jacqueline mpton
amille
Claudette Alexa nder H unt. Attor nev-tn-Fact
Printed Name, Matt ahbaz Printed Name/Title
(Provide Proper Evidence of Authorlty)
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 29th DAY OF
April, 2016, BY
North America
claudette Alexander Hunt
USA WHO IS PERSONAL
AS Attornev in Fact OF The Guarantee Companv of
LY KNOWN TO ME,OR HAS PRODUCED n/a AS
IDENTIFICATION.
Notary Public - State of Florida
Printed Name,
t4-Ets-02650,
i#Nolary Puulc St.b ol Flodda
C8mille M Cruz
My Codml!.lon FF 0425E€
Explr'! 0&!6/2017
l1s rDs 01664/11s3600/11
luz
(SEAL)
(SEAL)
.:.
STATE OF Florida
COUNTY OF Miami-Dade
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GUARANTEE'
Claijdette Al€r.aador Hurt, Jac+lellns Jord8n Haryton
Aon Rbk S€n c€!, lnc. of Flodd&
it8 true and lawtul attorney(s)-ln-tacl to execute, seal and dellvor for and on lts behalf as suroty, any and all bonds and undertaldngs, conlracts of
indemnig and olher \r,rltlngs obligatory in the nature thersol whlcfi are or may b€ allo$,ed, requlred or pe.mltted by law, slatule, rule, rsgulatlon, contract
or othervlss.
The executlon of such instrum€rt(8) ln pursuancg of these presentB, shall be as binding upon THE GUARAT{TEE CO PA,{Y OF ttORTH A ERICA
LrSA as fully and amply, lo all lntents and purposes, as if the same had been duly execuled and 8cknowledged by lts regularly elgcted offcers at ho
principalofic€.
The Po,{€r of Attomey is exscuted and may be certifed 9o, and may b€ revoked, pursuant to and by aulhodly of Article iX, Soc{ion 9.03 of the By-Lawg
adopted by ttle Eoard ot Dke.tors ofTHE 6UARAi{TEE CO PAIY OF ORTH AXERIGA USA ai a meeting hEld on tho 31iday of Deco.nber, 2003.
The Pr6ldent, or any Vlce Prssldent, acting with any Secretary or Asglstant Secretary, shall have pon€r and aulhorityi
1. To appoint Atlomey(s)-in-fact, and to aulhorize them to execule on behalf of the Company, and attach the Seal of tho Compsny th€reto,
bonds and undortakings, contracts ol indemnity and other wrltln$ obllgatory ln the nature theroof; and
2. To revok€, at any tme, any such Attorney-ln-fact and revoke the authodty given, e,\cept as provlded below
3. ln connectlon with obllgatlons in Iavor of th6 Florida Department of Transportalon only, it is agreed that tho po\/€r and authorlty horeby glven
to the Attomoy-in-Fact lncludos any and all consents for the release of retain€d percentages ahd/or fnal estlmates on engin€ering and
conskucllon coniracts required ry the State ol Florlda Departrnent of Transporta(ion. lt ls fully understood thal consenllng to the State of
Florlda Department of Transportaton maUng paynent of the final estlmate lo lhe Contrdctor and/or ib $9ign€6. shall not rellew thb surety
company 0f any of ltls obllgatlons under lts bond.4. ln connectlon with obllgations in favor of the Kentuoky Department of HlghwaF only, lt ls sgreed that th€ pouer and authority hereby givon to
the A(om€y-in-Fact cannot be modifled or revoked unless p or wrltton peBonal notlce ol such intent has been given to lhe Commlssloner -
Departmont of Highwsys of(he Commonwealth ol Kentucky at least thirty (30) days prlor to the modlflcalion or revocalion.
Further, this Power of Atlomey b slgned and soaled by facsimile pursuant to resolutlon ol the Board of Dlrectors of the Cornpany adopted at a meetirE
dl./ly called and held on th6 6th day of Oecember20'11, ofwhich the following is a lrue excorpt:
RESOLVED lhat the slgnature of 6ny authoized otllcer and $e s6al of the Company may be affxed by facslmile to any Pow€r ol Attorney or certmca{on
thereol authorlzlng the executlon and dellvery of any bond, undertaklng, contracls of indemnity and othe. w tlngs obllgatory ih the natur6 thereof, and
Such signafure and Eeal \rrhen so used shall have lhe same force and effect as though monually affixed.
lN WITNESS WHEREOF, THE GUARANTEE COIf,PAI{Y OF iIORTH A ERICA USA has caBed this Inslrument to be sigrEd and
Its corporate seal to be aff[red by its aulhorized oficer, this 23rd day oI Feb.uary, 2012.
THE GUARAT'ITEE COMPA Y OF NORTH A'/IERICA USA
STATE OF T CHIGAN
County of Oakl.nd
Slephon C. Ru!ch.k, Pr.sidont & Chiot Operatlng Oftlcer Rendall tlultehan, Secretary
Cytthia A. T*ei
Notary Publc, Slale d Mhhigan
County of Od<land
My Comnission Explrcs Fobruary 27,2018
Ading in Oaklahd Counv
lN WTNESS WHEREOF, I have horcunto sot my hand at The Guarantee
Company of North America USA ofiices the day and year above writtgn.
Cqa-A-L A. 7'arda<-
I, Randa,l Musselman, Secretary of THE GUARAIITEE COIIIPANY OF LORTH AXIERICA USA, do hereby cerufy thal ijle above and foregoing is a lrue
and correcl copy of a Polter of Atlorney executed by THE GUARAT{TEE COMPA Y OF IIORTH AIf,ERICA UsA, which is stilt in tult force and efiect.
lN WTNESS WHEREOF, I have ther€unto set my hand and attached the Bsalofsald Company lhb Z4 A"y X Alrtl .2elL
Randdll llutselmrn, Socretary
'Ihe Guarartee Company of Nonh America USA
Southfeld, Michignn
POWER OF ATTORNEY
xltotY ALL BY THESE PRESEIITS: That THE GUARAa{TEE CO PANY OF NORTH A ERICA USA, a corporation organized 8nd exisling undar lhe
la$/s of the State of Michlgan, havlng its prhclpEloffice ln Southfield, Mlchigan, does hereby constltute and appolnt
&//*11_
On tt s 23rd day of Febnrary, 2012 before me came the lndlvlduals who executed lhe precedlng lnstrumenl, to me personally knovrn, and belng by me
duly s!.dom, sald that each ls the herein descdbod and authorized oficer of The Guarantse Company of North America USA| lhat th€ seal afixed to sald
lnstument ls the Corporate Seal of $aid Company; lhat lhe Corporale Seal and 6ach signature were duly affxed by order of th€ Board of Dlrectors of