Agenda 09/08/2015 Item #16A 39/8/2015 16.A.3.
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$430,080 on behalf of Barron Collier Investments, LTD., pursuant to applicable provisions of the
Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus
credit requirements associated to PL20130001998.
OBJECTIVE: To authorize the release of a Performance Bond posted as a development
guarantee.
CONSIDERATIONS: LDC 2.03.07 D.4.c.ii.a) 3) states the following:
"The Restoration Maintenance Plan (RMP) shall provide financial assurance in the form of a
performance surety bond or similar financial security, the RMP shall remain in place and be
preformed, until the earlier of the following occurs:
a. Viable and sustainable ecological and hydrological functionality has been achieved on
the property as measured by the success criteria set forth in the RMP.
b. The property is conveyed to a county, state, or federal agency." "
Environmental Services staff has confirmed and documented that the respective RMP has
achieved viable and sustainable ecological and hydrological functionality in accordance with the
guidelines of the stated success criteria outlined in the subject RMP.
FISCAL IMPACT: The release will have no fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality. A majority vote
is needed for Board approval. HFAC
RECOMMENDATION: Staff recommends that the Board of County Commissioners
authorizes the Clerk of Courts to release the Performance Bond in the amount of $430,080.00.
Prepared By: Marcia R. Kendall, Senior Planner, Comprehensive Planning Section, Zoning
Division /Growth Management Department.
Attachments: Copy of Performance Bond
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9/8/2015 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $430,080 on behalf of Barron Collier Investments, LTD.,
pursuant to applicable provisions of the Environmental Restoration and Maintenance (ERM)
Transfer of Development Rights (TDR) bonus credit requirements associated to
PL20130001998.
Meeting Date: 9/8/2015
Prepared By
Name: KendallMarcia
Title: Planner, Senior, Growth Management Department
7/20/2015 3:17:59 PM
Submitted by
Title: Planner, Senior, Growth Management Department
Name: KendallMarcia
7/20/2015 3:18:00 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/29/2015 3:20:37 PM
Name: BosiMichael
Title: Division Director - Planning and Zoning, Growth Management Department
Date: 8/3/2015 8:55:33 AM
Name: WilkisonDavid
Date: 8/3/2015 9:32:38 AM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 8/18/2015 1:57:56 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 8/18/2015 2:04:44 PM
9/8/2015 16.A.3.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/19/2015 10:23:45 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 8/19/2015 4:25:18 PM
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9/8/2015 16.A.3.
PERFORMANCE BOND
BOND NO. 105870786
KNOW ALL PERSONS BY'IHESE PRESENTS: that
Barron Collier Investments, Ltd.
{Name of Owner}
2600 Golden Gate Parkway, Suite 200
{Address of Owner)
Naples, Florida 34105
{Address of Owner}
(Hereinafter referred to as "Owner") and
Travelers Casualty and Surety Comdanv of America
{Name of Surety}
One 'Power Square
{Address of Surety}
Hartford, CT 06183
{Address of Owner}
(239) 280 -3253
{Telephone Number}
(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 Four Hundred Thirty Thousand Eighty Dollars
($430,080.00 ) 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, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the contest
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval
by the County of a certain Environmental Restoration and Maintenance Plan for the property described in
the attached Exhibit "A" as 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 described in the Land Development Regulations (hereinafter the
"Guaranty Period ").
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, 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 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
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9/8/2015 16.A.3.
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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 23`d day of September, 2013.
WITNES
Barron Collier Investments, Ltd.
By:
By:
Printe ame:
�
Printed Name/Tide: Bradley A. az, gent
By:
By: 6�� �r
(Provide Proper Evidence of Authority)
Printed Name:
AriS(y /(h fw. d HIM-
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing performance Bond was acknowledged before me this L2,5" day of
6;5P7TM15EA- , 2013, by BRADLEY A. BOAZ, as Agent of Barron Collier Investments, Ltd., who (►T
is personally known to me, or () has produced as identification.
DIANE L V13NERI
Notary Public — State-of Florida
``� = A4Y COMMISSION dEE2DD1310
(SEAL) EXPIRES:.Uy 13, 2o18
wftm
WITNESSES:
Trav rs Casualty an Surety Company America
By:
By:
Printed ej
-r-� Cl
Printed Name/Title: Charity A. Strassel, Attomey -In -tact
By: 6�� �r
�. lJ�,,,; E 1.:(�:�
(Provide Proper Evidence of Authority)
Printed Name:
STATE OF FLORIDA )
) SS
COUNTY OF COLLIER )
The foregoing Performance Bond was acknowledgeo before me this day of
2013, by as 47 6 r ,V N
r e Wfio (XX) is personally known to me, or ( ) has produced
/? as identification.
otary Public — State of Florida
THERESA A LINEHAN
My COMMISSION #FF033188
EXPIRES July 2. 2017
3980153
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9/8/2015 16.A.3.
OF ATTORNEY IS INVALID WITHOUT THE RED SORD
AMFk POWER OF ATTORNEY
TRAVELERSJ Pannington Casualty Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian insurance Company
Attorney -In Fact No. 224190 Certificate No. 005542964
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fin; and Marine Insurance Company, SL Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company tire corporations duly organized ander the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is it
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under- die
laws of tlae State of Wisconsi a (heroin collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
Huntley A. Hornbeck II, Kristin M. Neiwt, Marc E. Williams, Stephen J. Bcnza, Betty L. Curry, and Charity A. Strassel
of the City of Naples State of Florida , their true and lawful Attorney(s)-in-Fact,
earli in their separate capacity if store than one is named above, to siga, execute, seal and ackrwwledgc any and all bonds, recognizanees, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pa atitied, in any-actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrpjaentTto`'be signed andjhl it corporate seals to be hereto affixed, dais
day of June 2013 : •?
{. .
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Cninpany
28th
St. Paul Mercury Iusutunce Company
T�raveiers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United Stales Fidelity and Guaranty Company
�P:yeOr� UTYNm
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E: a FNRTfe Y{ < raD
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State of Connecticut
City of Hartford as,
By:
//. C zg�e
Robes L. Raney, cnior Vice President
On this the 28th day of June 2013 before me personally a PPce ccd Robert L. Ran
ey, who aCI.TOwICdgOd himself t0
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul
Fire and Marine Insurance Company, St. Pan Guardian Insurance Company, St. Paul Mercury Insumnce Company, Ttavclers Cssualty and Surety Company, Travelers
Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and dint tic, as such, being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
p,Tl7�
In Witness Whereof, I hereunto set my hand and officia{ seal. TlU►
My Commission expires the 30th day of June, 2016. p(�AL1G
58440 -8 -12 Printed in U.S.A.
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Marit: C. Teut,ault, Nocary Public
9/8/2015 16.A.3.
POWER OF ATTORNEY IS INVALID WITHOUT THE RED
This Power of Attorney is granted under and by the authority of the following resolutions adopted by die Boards of Directors of Farmington Casualty Company, Fidelity
anti Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, SL Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Cbairtian, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secrottuy may appoint Attorneys -in -Fact and Agents to act for and on behalf
of [lit Company and may give 61101 appointee such authority as his or her certificate of authority. may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Bxecutive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and It is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, die Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the
Company's seal by a Secretary or Assistant Secretary; or (b) duty executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to die power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice Presider6,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to airy
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fart for purposes only of executing and attaoine hnnds
and undertakings and other writings obligatory in the nature dietvof, and any such Power of Attorney or certificate bearing such facsimile signature or fataimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United--St tes Fidelity.-and Guaranty Company do hereby certify drat the above and foregoing
is s true and correct copy of the Power of Attorney executed by said Companies; wltieh is in full force had effect and has not been revoked.
y ,. , ... ('j j,, I _ _ t
IlYTES'CIMQIVY WHEREOF, I have hereunto set my hand and r tb`sEaI o soid�Co ponies' this �_ day of ��- kl� ►t(� y}y t� 20 !�
Kevin E. Hughes, Assistant Sec tat; .
w �rA.,,,..�� 's � ' e.o � ` �• sad b m'
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o 1977 a P^l tf — tm z% ° __ r�`:o} ivarwrro. ; a at•
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To verify the authenticity of this Power of Attorney, can 1 -800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -mined individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY iS INVALID WITHOUT TH
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