Loading...
Agenda 09/08/2015 Item #16A 49/8/2015 16.A.4. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $795,600 which was posted as a guaranty for Excavation Permit Number 59.375 -4, PL20130002036 for work associated with Oyster Harbor at Fiddler's Creek, Phase 1. 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 Oyster Harbor at Fiddler's Creek, Phase 1, PL20130002036. The As -Built lake cross sections have been received and the lakes have been inspected by the Natural Resources and Engineering Division. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of Courts to release the Performance Bond in the amount of $795,600.00. Natural Resources and Engineering 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: Melissa Alvarez, Operations Coordinator, Engineering and Natural Resources Division, Growth Management Department Attachments: 1) Location Map and 2) Copy of Performance Bond Packet Page -491- 9/8/2015 16.A.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.4. Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $795,600 which was posted as a guaranty for Excavation Permit Number 59.375 -4, PL20130002036 for work associated with Oyster Harbor at Fiddler's Creek, Phase 1. Meeting Date: 9/8/2015 Prepared By Name: AlvarezMelissa Title: Operations Coordinator, Growth Management Department 7/28/2015 11:18:25 AM Submitted by Title: Operations Coordinator, Growth Management Department Name: AlvarezMelissa 7/28/2015 11:18:26 AM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 7/28/2015 4:10:10 PM Name: McKennaJack Title: Manager - Engineering Review Services, Growth Management Department Date: 8/5/2015 3:29:04 PM Name: WilkisonDavid Date: 8/5/2015 4:39:16 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 8/7/2015 3:02:24 PM Packet Page -492- 9/8/2015 16.A.4. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Date: 8/10/2015 3:14:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/11/2015 9:09:00 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/19/2015 4:02:25 PM Packet Page -493- 9/8/2015 16.A.4. Bond No. SU1128373 PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that FC Oyster Harbor, LLC 551 North Cattlemen Road Suite 200 Sarasota, Florida 34232 (hereinafter referred to as "Owner") and Arch Insurance Comaanv 1125 Sanctuary Pkwy., Ste. 200 Alpharetta, GA 30009 (404) 682 -3899 (NAME OF OWNER) (ADDRESS OF OWNER) (ADDRESS OF OWNER) (NAME OF SURETY) (ADDRESS OF SURETY) (ADDRESS OF SURETY) (TELEPHONE NUMBER OF SURETY) (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 Seven Hundred Ninety Five Thousand Six Hundred and 00/100 Dollars ($795,600.00) 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 context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain excavation permit no. PL 20130002036 Oyster Harbor at Fiddler's Creek Phase 1 (PL 20130002036) and that certain excavation 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 specific 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 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. Packet Page -495- 9/8/2015 16.A.4. 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 21 t day of July, 2014. SES: !Printed Name ' . ��lNS By: Printed Name STATE OF FLORIDA COUNTY OF SARASOTA (Owner Nam n itjjle if FC Oyster H 11LC By. ` r PrinteWNe/Title: Johr as Pre of TM Oyst limited liability company, Kempton, Harbor, LLC, a Florida a: Authorized Signatory (Provide Proper Evidence of Authority) Member's Written Consent of FC Oyster Harbor, LLC, dated July 21, 2014 attached ACKNOWLEDGEMENT THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 21St DAY OF July, 2014, BY John S. Kempton AS AUTHORIZED SIGNATORY OF FC Oyster Harbor, LLC PURSUANT TO MEMBER'S WRITTEN CONSENT DATED JULY 21, 2014,tWH0 IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Florida k, I —,, f C. �� 1, � / Z-1 � � - -4 � Printed Name DEBORAH K. BECKETT Packet Page -496- (SEAL) DEBORAH K BECKETT MY COMMISSION #EE121571 EXPIRES: AUG 14, 2015 6ala�fa�n nom' Nou�r4 nQ 9/8/2015 16.A.4. ACKNOWLEDGMENT STATE OF Florida COUNTY OF Hillsborough C/O WILLIS OF FLORIDA 4211 W. BOY SCOUT BLVD, #1004 TAMPA, FL 33607 INQUIRIES: (813)281-2095 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 81' DAY OF July, 2014, BY Anett Cardinale AS Attorney -in -fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED personally known AS IDENTIFICATION. Notary Public- State of Florida (SEAL) lr✓i (t +t fL( rat d(~ - :e:u�Ut., M.AR14 LABARNOLA Pr ted Name — Marianella Barnola -� t `�'r Commission # EE 170165 �Im P- Expires May 5, 2016 �' ° °:�f; °`� F�^ded Thr,Trq fUntnaursnce 50'17 °s7Gt^ Packet Page -497- f, 1 f (Surety Name and Title if Corporatio WITNESSES: Arch Insurance Company$ By: Aj By: V °5 ". Attome -in -Fact & FL Licensed Resident Agent Printed Name: Gloria Robb 1 Printed Name/Title: Anett Cardinalett i (Provide Proper Evidence of Authority) By: { Printed Name: ACKNOWLEDGMENT STATE OF Florida COUNTY OF Hillsborough C/O WILLIS OF FLORIDA 4211 W. BOY SCOUT BLVD, #1004 TAMPA, FL 33607 INQUIRIES: (813)281-2095 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 81' DAY OF July, 2014, BY Anett Cardinale AS Attorney -in -fact OF Arch Insurance Company, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED personally known AS IDENTIFICATION. Notary Public- State of Florida (SEAL) lr✓i (t +t fL( rat d(~ - :e:u�Ut., M.AR14 LABARNOLA Pr ted Name — Marianella Barnola -� t `�'r Commission # EE 170165 �Im P- Expires May 5, 2016 �' ° °:�f; °`� F�^ded Thr,Trq fUntnaursnce 50'17 °s7Gt^ Packet Page -497- f, 1 f POWER OF ATTORNEY _ That the.Areh Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having Its principal adrrhrU`sti4b"i`,* iii ` Jers0 City, New Jersey (hereinafter referred to as the "Company ") does hereby appoint: Arnett CarfYrnale,';David H. Carr, .D e +d a ar lFee . Heard and Margaret A ' Ginem,Of Tampa, FIL (EACf OOML001 .3 MM 03 Page 1 of 2 Packet Page -498 Printed in U.S.A. 9/8/2015 16.A.4. MI11 a Y i IY9 b ! � b bs4 ' - °�%+1Yr:�b i � I M � 9b•" g b -' i. #..- obi ._ _ i bibq b ® � b• A17 v .b b ,E .ab bq ' b903 S=lb the tlti b consent to the bib b of _ resolution, and the i CO y- of " :+ :A Y� v 4 action *:.b b :b thereby Pursuant, 4 !r A' Yb bai3 b and R=tg b b. b ! i Company al "+lbA of ! 9! b ;AU." dated ' ! qi RESOLED that as of the date indicated below, John S. KMpton, who is the president of TM Oyster Harbor, LLC, a Florida Iimited .liability company and Division President of � Jest Florida Division of Taylor l�rlorrison of Fk ida, Inc., is hey approved to execute the fallowing iderrtified documentation. on beef of the CompaIrr The Performance Bond for Excavation Rork (Bond No. SU1129373) and the certain excavation knit No. PL20130002036 for Oyster Harbor at Fiddler's Creek Phase I (P"L2Q32f136), including the specific irnprovernes required by Collier as firther provided theresirz BE IT FURT —MR RESOLVED that this Written Consent may be signed in two (2) or more counterparts and a facsimile signature hereon: or such received by either email delivery of a .pdf format date file shall be given the same legal force and effect as an original signature. IN WITNESS WHEREOF, the undersigned has given his consent to the foregoing resolutions as of the 2I' day of July, 2014 (the "Effective Date"). T a FCC PRESERVE, LLC, a Florida limited liability company By: �-t& Anthony DiN do, Mice President and CFO Packet Page -499-