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Agenda 01/23/2018 Item #16A 801/23/2018 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $71,020 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002278) for work associated with Marquesa Isles of Naples. 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. 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 Marquesa Isles of Naples PPL (PL20160002811). On September 26, 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 $71,020. 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: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement and Bond (PDF) 16.A.8 Packet Pg. 258 01/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 4381 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $71,020 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170002278) for work associated with Marquesa Isles of Naples. Meeting Date: 01/23/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 12/14/2017 1:26 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 12/14/2017 1:26 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 12/15/2017 8:33 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 12/19/2017 4:25 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/20/2017 11:29 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/21/2017 7:42 AM Growth Management Department Matthew McLean Additional Reviewer Completed 12/21/2017 2:58 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2017 1:46 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 12/29/2017 11:43 AM Growth Management Department James French Deputy Department Head Review Completed 01/02/2018 11:15 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 01/05/2018 8:09 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/05/2018 9:24 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/05/2018 1:57 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/09/2018 10:28 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/12/2018 8:54 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/23/2018 9:00 AM 16.A.8 Packet Pg. 259 16.A.8.a Packet Pg. 260 Attachment: Location Map (4381 : Bond Release - Marquesa Isles of Naples EWA) EARLY WORK PERFORMANCE AGREEMENT ORK PERFORMANCE AGREEMENT entered into this day between Countv Barn lnvestors, LLC hereinafter referred to as 9-THIS EARLY W of 4.'r,*'t , 2017 "O6veioper," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL2O1700O2278 (the "Early Work Permit"). Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). 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 is 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 conditions which Developer must fulfill in 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 may call upon the early performance security to secure satisfactory completion, repair and maintenance 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 Developer, as principal under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final 2 3 4 5 6 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.B (collectively, the "Early Work Regulations"); and 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 herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $$z!,!2q.as 16.A.8.b Packet Pg. 261 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA) 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 provisrons 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 Develo r have caused this Ag executed by their duly authorized representatives this 3r day of 4trl*tl l, (Name of tv) Cou lnvestors LL Printed Name 7 reement to be 2017 sisn: { ug- fu k t^-d,t-r-) Ea}^o landors Sign: l-iai:,,irn I ilt"llixr By Printed Name ATTEST DWIGHT E. BROCK, CLERK By: Deputy Clerk Ap to form and legality James R. Schier, Manager County Barn lnvestors, LLC BOARD OF COLTNTY M M ISSI ERS OF COLLIER COLNTY,ORID By o pursuant to Resolution No. 2015-162 a Scott A. Stone Assrstant County Attorney SIGNED IN THE PRESENCE OF: 16.A.8.b Packet Pg. 262 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA) PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BYTHESE PRESENTS: that Bond No. C598267 62 County Barn Investors, LLC 5800 Lakewood Ranch Blvd Sarasota, FL 34240 (hereinafter referredto as "Owner") and Great American Insurance Company 301 E Fourth Street Cincinnati, OH 45202 (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 Seventy-one Thousand Twenty and 00/100 Dollars (571,020.00) in lawfir I money ofthe 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 issuch that whereas, the Owner has submitted for approval by the Board a certain Early Work Authorization Permit No. PL20171(J02278 and that certain Early Work Authorization shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obllation ofthe Surety shall commence on the date this Bond h executed and shall continue until the completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until bsuance of a subsequent final development order such as an Site Development Plan (SOP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period") or untilreplaced by a new bond in the event ofa change inOwnership. NOW, TIIEREFORE, ifthe Owner shall well, truly and faithfully perform ls 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 indemni[ and save harmless the County from and against allcosts and damages which it may suffer by reason ofOwner's failure to do so, and shall reimburse and repay the County allouthy and expense which the County may incur h making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTI{ER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension oftimq 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 oftime, alteration, addition or deletion to the proposed specific inprovements. PROVIDED FURTI{ER, 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 EXPERITN(E IhC POWTR Of PARTNERSHIP @"Ly,ke"s Ex!", ib:+ 4 16.A.8.b Packet Pg. 263 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA) Development Regulations. The term "Amendment ", wherever used in this Bond, and whether referringto this Bond, or other documents shall includeany alteration, additionormodification ofany characterwhatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this l9'h day of / 2017 / (Owner Name and Title if Corporation) County Bam Investors, LLCWitnesses: By: ames R.Schier, Manager Print Na By: Pri AIJlC Heather Leivas Print Name Print Name Dorcas Rivera By in-Fact andeY' Agent By: Marv Martha Florida Lice Acknowledgement STATE OF flondcc ATION. ic-stateof nofflc( COUNTY OF' THE FOR DAY OF MANAGER IDENTIFIC Notary Publ LLY KNOW TO M OR IIAS PRODUCED AS (Seal) V Printed N s I/0RYCnomor MY CoitMISSt0t , FF 1&543 EXPIFES: Dec6mber t(), Z!.t8 8ond.t ThrJ li.lzy pr0& Und.Miba tXPtRIENCE lhe POWtR ol PARTNERSHIP @"ffi"s ffvat*q WAS ACKNOWLEGED BEFORE ME THIS 1 Ay: ,{n*/, r[l**, ?nJn ,?,6 o,, / (Surety) Great American Insurance Company ,dsA{^,p 16.A.8.b Packet Pg. 264 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA) ACKNOWLEDGEMENT OF SURETY State of FI.ORIDA Counlv of HILLSBOROUGH On this l9th day of IULY, 2011, before ne,LINDA BARNETT a Notary Public in and for said Hillsborough County, State aforesaid, residing therein, duly commissioned and sworn. personally appeared, Mar], Martha Langley known to me to be the person whose name is subscribed to the within instrument as the Attomey -in-Fact of the GREAT AMERICAN INSURANCE COMPANY and acknowledged to me that he subscribed the name ofthe GREAT AMEzuCAN INSURANCE COMPANY thereto , as Surety, and his/herown as Attomey-in-Fact- IN WITNESS WHEREOF, I have hereunto setmy band and affixed my official seal, and year in this certificate first above written. (Seal) By: My Commission Expires: E42L+ ?, /f 2a/y'// Comnrrssron f FF 199663 My Conrmrss,on t xoir es I.IN D A BARNET' lebruofv l5 , 2019 EXPERIENCT the POWER of PARINERSHIP @.Ly,ke.s 16.A.8.b Packet Pg. 265 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA) GREAT AMERICAN INSURANCE COMPANY@ Adminisrrative office: 3o't E4THSTREET . CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The nunrbcr ofpersons authorized by this poucr ofattomey is not more than FOUR No. 0 20517 PO\YIR O} ATTORNEY KNo\Y ALL Nl UN BY THf,SE PRESENTS: lllat thc GREAT AN4IIRICAN INSURANCE COMPAN Y a corporation organized and exisling under and by virtue ofthe laws oflhe Slatc ofOhio. does hereby nominate, constitute and appoint the pcrson or persons namcd belo\a', each irdividually if more than one is namcd. irs true and la*ful attomey-in-fact, for it aod in its name, place and slead to executc on behalfofthe said Company, as surcty, any and all bonds, undertakings and contracts ofsurelyship, or other written obligations in the nature thereof; providcd that the liability ofthe said Company on any such bond, undertaking or contact ofsurctlship e\ecuted under tris authoriq shall not c)icecd the limit stated beloii: FREDERIC M, ARCHERD. JR TANYA L, RUSSO RICHARO P, RUSSO, JR, MARY I.IARTHA LANGLEY Namc Address ALL OF TAMPA, FLORIDA l-imil ofPo$er ALL $100,000,000 3__(Oa*t0 /kL 'l his Power ofAttomey revokes all prcvious po\ €rs issued on bchalfofthe attomcy(s)-in-fact named abovc. IN WITNESS Wl lllREOF thc CRIIAT n MERICAN INSURANCE ( OMPANY has ca sed theseprcscnts to be signed and attestedby its apprcpriate omcers and i1s corporalc scal hereunto afnxed this 14TH day of OCTOBER 2015 AItest GREAI.N MIRICAN INSIJRANCE COMPANY c lrtt\t,'dl S. tot Li.. l'tuskL,t STATE OF OIIIO, COUNTY OF HAMILTON - ss: DAUD c KrcHrN {877-377'2405) On rhis 14TH day of ocToBER , 2015 , before me personally appeared DAVID C. KITCHIN, to me known, bcing duly swom, d€poses and says thal he resides in Cincinnati, Ohio, that he is a Divisional Senior Vicc President ofthe Bond Division ofcreat American Insurance Company, the Company described in and which execulcd the above inslrument; that he knows the seal ofthe said Company; that the seal amxed to lhe said instrunrent is such corporate seal; that it Nas so afixed by authority ofhis oflice under the By-Laws ofsaid Company, and that he signed his name therclo by like authority. SlmA.l(dud tlfrrhilcSad0t fyhrtrrEgin6lttUO /^-.**Adu* This Power ofAttomcy is granted by autho ty ofthe following resolutions adopted by the Board ofDirector ofcreatAmerican Insurance Company by unanimous written consent dated June 9,2008. RESOLI/ED: That rhe Divisional President. lhe sewral Dil,isional Senior l/ice Presidenls. Diristonal t'ice Preside lsand Di\'isonal Assislanl l'ice Presidents,oran),oneofrhen,beandherebtisaulhorized,frottinetolime.toappointoneor,oreAllorne|s-in-Factloexecureonbeha{oftheConpary, as sure\', anyandall bonds, undertakings and co lracls o.fsnrellship, or other rril le n obligations inlhe alure thercof: toprescribe their respeclive dutiesand the respective limils of thei aulhori0; and lo rcwke an! such appointment al anl linte. RESOLVED I. URTIIER: That the Conpary seal o,td the siglatute of anJ of the alorcsad ofrcers ahd on!- Secretaty or Assistant Secretary ol the Conpary nal be afued bt hcsinile 10 ary poxer oJattornev or cert$cate ofetther g,)enlor the exec tion ofary bond, undertdking, coniact ofsure\,ship, or other yriuen obligation ik the nature thereol, such signature and seal $hen so used being hereb,adopted by the Conpan! as the o ginal signature ofsuch ofrcer attd he otighal seal o[theCo qatry, to be wlid and bt dtnqupon the Comp ),viththe saDp.force arul el/ect as though manually afaed- CERTIFICATION l. S IEPHEN C. IIERAHA, Assistant Secretan ofCreat American lnsurance Company, do hereb) cerliry' that the foregoing Po$er ofAttorney and the Resolutions ofthe Board of Directors ofJunc 9. 2008 have not been revoked and are norv in full force and eflect. Silncd rnd sealcd !his L1!- a"v"r Jq[1 .tol1 4cc, A:snad Sttatdry 3_ @ 16.A.8.b Packet Pg. 266 Attachment: Performance Agreement and Bond (4381 : Bond Release - Marquesa Isles of Naples EWA)