Agenda 04/10/2018 Item #16A1704/10/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$37,280 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170003250) for work associated with Logan Landings.
_____________________________________________________________________________________
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 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 Logan Landings Site Development Plan (SDP),
(PL20170000357). On February 15, 2018, the SDP was approved by the Development Review Division.
Once the construction plans 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 $37,280. 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.17
Packet Pg. 462
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 5018
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $37,280 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20170003250) for work associated with Logan Landings.
Meeting Date: 04/10/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/05/2018 11:46 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/05/2018 11:46 AM
Approved By:
Review:
Growth Management Development Review John Houldsworth Additional Reviewer Completed 03/05/2018 12:18 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/05/2018 12:58 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/06/2018 10:37 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/07/2018 3:07 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/09/2018 9:51 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/12/2018 12:21 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/12/2018 3:19 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/12/2018 3:53 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/13/2018 12:22 PM
Growth Management Department James French Deputy Department Head Review Completed 03/14/2018 7:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2018 3:45 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 10:24 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/27/2018 4:55 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:28 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.A.17
Packet Pg. 463
LOGAN LANDINGS
LOCATION MAP
16.A.17.a
Packet Pg. 464 Attachment: Location Map (5018 : Bond Release - Logan Landings EWA)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this th aa yof
November,2017, between IMMOKALEE ROAD ASSOCIATES, LLC, a Florida limited liability
company, hereinafter referred 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 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
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. PL20170003250 (the "Early Work Permit").
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 $37,280.00.
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 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 total
cost to the Board thereof, including, but not limited to, engineering, legal and
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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:
16.A.17.b
Packet Pg. 465 Attachment: Performance Agreement and Bond (5018 : Bond Release - Logan Landings 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.
SIGNED IN THE PRESENCE OF:IMMOKALEE ROAD ASSOCIATES, LLC, ASign:Flo liabili ty com ny
7
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this l-l 'irl day of November, 2017.
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Printed Name A: l\te./ l"toft 1
By:
N.
Sisn: (@
(o^," Q,",,
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
App AS form and legality:
Scott A. Stone
Assistant County Attorney
*E
Ma nen President
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY ,FL IDA
B
as designee of the ounty Manager
pursuant to Resolution No. 201 5-162
16.A.17.b
Packet Pg. 466 Attachment: Performance Agreement and Bond (5018 : Bond Release - Logan Landings EWA)
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
Bond No. BND21577389
KNOW ALL PERSONS BY THESE PRESENTS: that
lmmokalee Road Associates, LLC
1600 Sawgrass Corporate Parkway, 4th Floor
Sunrise, FL 333023
(hereinafter referred to as "Owner") and
QBE lnsurance Corporation
9850 NW 4'l " Street, Suite '100
Miami, FL 33178
(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 Thirty Seven Thousand Two Hundred Eighty and
no/100 Dollars ($37,280.00) 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 Early Work Authorization Permit No. PL20170003250 and 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 Surety shall commence
on the date this Bond is 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 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 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 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 2nd day of November 2017
16.A.17.b
Packet Pg. 467 Attachment: Performance Agreement and Bond (5018 : Bond Release - Logan Landings EWA)
Witnesses:
Pri Name
Printed Name
..7n44rD lmmokalee Road Associates, LLC
(Corporate Seal)
(
Rsh\e $.,1.oflt1
ftlzu'e.
Ncll,
N. Maria Menendez, Vice President
Printed Name/Title
(Provide Proper Evidence of Authority)
EDGEMENT
STATE OF Florida
COUNTY OF Broward
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS &fioo" o,
November, 2017, BY N. Maria Menendez AS Vice President OF WHO
lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a
Nota Public - State of Florida t 2o
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#FF 097686
tt\tu
QBE lnsurance Corporation
(sEAL)
ame
WITNESSES:
Corporate Seal)
By:ffi.co-Di pr=csic-<>
Printed Name/Title
Printed Name:tA (.'1=-
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Palm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF
November,2017, BY Dale A. Belis AS Attornev-ln-Fact OF QBE lnsurance Corporation WHO lS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public - State of Florida
(sEAL)
N. Eit Aslan
sHIPS,iHlffi
lflu,$r.A^Rot{Nfi nY'Co0r
D.A. Belis, Attorney-ln-Fact artd Resi
Pri 0/6 [\. Zui Fs\o.n
.!
-'aa ,f-a.rljr;_
.€Gi iFF
=d.
16.A.17.b
Packet Pg. 468 Attachment: Performance Agreement and Bond (5018 : Bond Release - Logan Landings EWA)
WARNING; THIS POWER OF ATTORN€Y lS INVALIO WITHOUT THE BLUE BORDER
OBE
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS, thal OBE lnsurance Corporation (lhe 'Company"). a corporation duly organized and
existing under the laws of the State oI Pennsylvania, having its principal oflice at 88 Pine Street, New York, NY 10005, has made,
constiluted and appointed, and does by these presents make, conslitule and appoinl Dale A. Belis of Marsh & McLonnan Agency,
LLC of Miami, FL its true and laMul Altorney-in-Fact, to sign its name as surely only as delineated below aod to execute, seal.
acknowledge and deliver any and all bonds and undertakings. wilh the exceplion of finanqal guaranty insurance, to the same extenl
as if such bonds had been duly execuled and aclnowledged by the regularly elecled offic€rs of the Company al its prinopal office tn
their own proper persons.
This Povrer of Attorney shall be construed and enforced in accordance wilh, and governed by, the laws of the Slate ol New York,
without giving effed to the ptincigles of conflict of laws. This Power of Atlorney is granted pursuant to the following resolutions, which
were duly and validly adopted al a meeting of lhe Board of Directors ot lhe Company with effecl from June 30, 2014:
RESOLVED, that the Chiet Execulive Officer, any President. any Execulive Vice President, any Senior Vice President, any
Vice Presidenl. the Corporale Secretary or any Assrstant Corporate Secretary is authorized to appoint one or more Attorneys,
in-Fac1 and agents to execute on behalf of the Company, as surety, any and all bonds, underlakings and conlracls ot
suretyship, or other written obligatbns in the nature lhereof; to prescnbe their respective dulies and the respeclive limils of
their authority: and to revoke any such appointmenl al any time,
FURTHER RESOLVEO, that any bond, recognizance, contract of indemnity, or wriling obligatory in the nalure o, a bond,
recognizance, or conditional undertaking will be vald and binding upon the Company when (a) signed by any ofthe aforesaid
authorized officers, or (b) duly executed (under seal. it required) by one or more Allorneys-in-Fact and agents pursuant to the
power prescribed in his/her cerlific€te or their certiricates ofauthority or by one or more Company officers pursuant to a writlen
delegation of authority: and
FURTHER RESOLVED, that the signature of any authorized ofiicer and the seal ol the Company may be drawn on or aflixed
by lacsimile or electronically transmitted by email to any power ot attorney or certification thereof aulhorizing the execution
and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such signature and
sealwhen so used shall have the same force and effect as though manually affixed. The Company may conlinue to use for
lhe purposes herein stated the tacsimile or eleclronically reproduced signalure of any person or persons who shall have been
such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such
instrumenls shall be issued
lN WITNESS WHEREOF. the Company has caused these presents to be signed and attesled by its appropriate officers and its
corporate seal hereunlo afiixed lhis Oecember 21, 2016
Attest
By:s"d./Ja(Seal)
STATE OF FLORIDA
COUNTY OF SEMINOLE
By
wenuawev- f
Senror Mce Presid5nt
)
)ss..
)
On this Decembe. 21, 2016, before me pe,sonally appeared Brett Halsey and Matt Curran, both to me known lo be Senior Vice
Presidents of QBE lnsurance Corporation. and thal each, as such. berng authorized to do, execute the foregoing instrument lor the
purposes therein mntained by signing on behall ol the corporalio each as a duly authorized officer
LISA M PARENT
notAiY Plrluc. st^tE of tloao^
COfyllrlsSlOl{ t FF I 04252
EXPIRES 5/16/2016
By
isa M Parent. Notary Public
- aoa{ocD fitr, raa}r6t
CERNFICATE...,.
t, JosqSari:hA Qpnlate.z, &-, the undeGigned, Corporate Sesetary ot QBE lnsurance Corporation do hereby cerlify lhat the foregoing
rs a 1$li. dftqlf:rid.crmpleb copy ol the original Power ot Atlorney: that said Power of Anomey has not been revoked or rescinded
an&hat thq.eulAority of tha Alriney'in-Facl s€t forth h€rein, who executed the bond or undertaking to wtrich this Power o, Attomey is
aaa:chedlt! in fir$ force andctrcd as of thrs date
Giveftrind
tSeat)
er my hrrd and sealt)r:he Company. this -2$",ot \..\4...t ..p ,^. brr.r-2017
J: R./\'-\
t
By
Jose Ramon Gonzalez. Jr Coarporate Secretary
QBE INSURANCE CORPORATION
Matt Curran
Senior Vice President
16.A.17.b
Packet Pg. 469 Attachment: Performance Agreement and Bond (5018 : Bond Release - Logan Landings EWA)