Agenda 03/26/2013 Item #16A 3Proposed Agenda Changes
Board of County Commissioners Meeting
March 26, 2013
Withdraw Item 16A3: Recommendation to authorize release of the Excavation
Performance Bond in the amount of $1,000,000 to the Project Engineer or
Developer's designated agent for Arthrex at Ave Maria AR- 13095. (Staffs request)
Move Item 1 I to Item 16C3: Recommendation to direct the County Manager, or his
designee, to give notice to formally initiate integration of the Orange Tree Utility Company
into the Collier County Water -Sewer District to provide water & sewer utilities to Orange
Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between
Orange Tree Utility Company and Orangetree Associates and Board of County
Commissioners of Collier County (Board) with the objective of returning to the Board with
a proposed Utility System Integration Agreement. (Commissioner Hiller's request)
Move Item 16A9 to Item 11 C: Recommendation to approve a work order in excess of the
Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee &
Associates to prepare 100% landscape design plans for the Immokalee Road /I -75
Interchange. (Commissioner Nance's request)
Continue Item 16Al2 to the Apri19 2013 BCC Meeting_ Recommendation to approve and
authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the
amount of $500,000 for the County's artificial reef program, accept donated professional
services from Turrell, Hall and Associates Inc., and approve any necessary budget
amendments. (Staff's request)
Withdraw Item 16D4: Recommendation to approve one (1) release of lien for an Affordable
Housing Density Bonus Agreement for an affordable housing unit sold which is no longer
subject to the terms of the agreement. (County Attorney's request)
Move Item 16F5 to Item I ID: Recommendation to establish a new position classification
and salary range assignment for County Commission staff members and revised budget
allocation format for the BCC Office. (Commissioner Henning's request)
Move Item 17E to Item 913: Recommendation to adopt an ordinance that will establish
the position of Collier County Hearing Examiner. (Commissioner Coyle's request)
Proposed Agenda Changes
March 26, 2013
Page 2
Note:
Item 16C3 414-4: Signature page of the Second Amendment to Agreement was
inadvertently left out of printed agenda packet. Copies of the signature page have been
provided to Commission members.
Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4.
Staff will be coordinating this clarification with the ongoing broader review of storage
containers within all zoning districts. (Staff's Request)
Item 16C2: Folio number in executive summary corrected to read: David K. and
Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number
00159480005.
Item 16D5: Correct document titled Modification to Subgrant Agreement to be
consistent with all other references in the item, by checking the following box:
® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request)
Item 16F3: It is the intent for requirements to be the same in Category B and Category
C -2 grant applications. Therefore, the following additions have been made to the C -2
grant application.
1. Form 990 added to checklist of required items on p. 11 of application.
2. Financial statement to be reviewed or audited by a CPA added to checklist of
required items on p. 11 of application. (Staff's request)
Time Certain Items:
Item l OG to be heard at 11:00 a.m.
Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and l OD
3/26/2013 9:30 AM
3/26/2013 16.A.3.
EXECUTIVE SUMMARY
Recommendation to authorize the release of the Excavation Performance Bond in the amount of
$1,000,000.00 to the Project Engineer or the Developer's designated agent for Arthrex at Ave Maria
AR- 13095.
OBJECTIVE: To have the Board of County Commissioners, authorize the County Manager, or
his designee, to release the Excavation Performance Bond in the amount of $1,000,000 which
was posted as a development guaranty of work associated with Arthrex at Ave Maria.
CONSIDERATIONS: Engineering Services routinely accepts securities administratively as
guaranties for developer commitments. The security was approved on July 27, 2006. The
project was relocated to another site and this permit is no longer needed. Release of this security
is in accordance with County Ordinance 04 -55, Sections 22- 106 -22 -119.
FISCAL UAPACT: There is no fiscal impact.
GROWTH MANAGEMENT UAPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office,
is legally sufficient and requires a majority vote for approval. - ERP
RECOMMENDATION: To have the Board of County Commissioners authorize the
County Manager, or his designee, to release the attached Excavation Performance Bond in the
amount of $1,000,000 for Arthrex at Ave Maria AR -13095 to the Project Engineer or the
Developer's designated agent.
PREPARED BY: Craig Callis, Senior Field Inspector, Engineering Services, Growth
Management Division, Planning and Regulation
Attached Documents:
I. Excavation Performance Bond
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3/26/2013 16.A.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.3.
Item Summary: Recommendation to authorize the release of the Excavation Performance
Bond in the amount of $1,000,000 to the Project Engineer or the Developer's designated agent
for Arthrex at Ave Maria AR- 13095.
Meeting Date: 3/26/2013
Prepared By
Name: HughesJodi
Title: Technician,Engineering & Environmental Services
2/14/2013 10:50:09 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 2/20/2013 4:19:44 PM
Name: McKennaJack
Title: Manager - Engineering Review Services,Engineering & Environmental Services
Date: 3/5/2013 9:18:09 AM
Name: PepinEmily
Title: Assistant County Attorney, CAO Litigation
Date: 3/8/2013 3:04:10 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/15/2013 7:27:02 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/15/2013 9:39:33 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/15/2013 12:35:30 PM
Packet Page -423-
Name: OchsLeo
Title: County Manager
Date: 3/15/2013 2:55:58 PM
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3/26/2013 16.A.3.
3/26/201316.A.3.
PERFORMANCE BOND
Bond No. 6414722
KNOW ALL PERSONS BY THESE PRESENTS: that
Pulte Home Corporation/DiVosta Homes, L.P.
3459 Pine Ridge Rd., Naples, FL 34109
(hereinafter referred to as "Owner ") and
Safeco Insurance Company of America
2800 W. Higgins Road, Suite 1100, Hoffinan Estates, IL 60159
847 -490 -2900
(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 One Million Dollars
($1,000,000.00) 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 will complete the
requirements of excavation permit no. [59 -902.] for the project "All lake excavation by Pulte
Homes Corporation and/or DiVosta Homes, L.P. within the Ave Maria SRA" pursuant to Collier
County Ordinance No. 91 -102, as amended (hereinafter referred to as "Land Development
Regulations "). This obligation of Surety shall commence on July 27, 2006 and shall continue until
released in writing by the Development Services Director pursuant to the Land Development
Regulation, ( "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 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
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•
3/26/2013 16.A.3.
be executed this 27"' day of _July-, 20 06
(Owner's witness and signature block)
WITNESSES: Pulte Home' Corporatio Vosta Homes, L.P.
• By:
Marcia Howard Calvin R. Boyd Director of Treasury Operations
Printed Name Printed Name to include Title
Erin Ashenfelter
Printed Name
(Surety's witness and signature block)
WITNESSES: Safeco Insurance Company of America
BY. '
Carol Bolterstein Jan M. Klym, Attorney -in -Fact
P ' . e N. e Printed Name to include Title
i nva
Susan Winslow
Printed Name
(Separate notary and acknowledgment for Owner and Surety required)
STATE OF Michigan
COUNTY OF Oakland
The foregoing PERFORMANCE BOND was acknowledged before me this 27th day of July,
2006, by Calvin R. Boyd as Director of Treasury Operations of Pulte Home
Corporation /DiVosta Homes. L.P. who is personally known to me, or has produced
as identification.
NOtARY PUBLIC — S F Michigan
Colleen F. Currie (SEAL)
PRINTED NAME
STATE OF Michigan COLLEEN F CURRIE n
COUNTY OF Oakland NOMARY PUBLIC, STATE OF MI
COUNTY OF OAKLAND
My OOMISSDN EXPIRES Apr 14, 2012
ACRNQ IN THE COUNTY OF
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• • 3/26/201316.A.3.
� The foregoing PERFORMANCE BOND was acknowledged before me this 2f, day
of July , 2006, by Jan M. Klym as Attorney -in -Fact of Safeco Insurance Company of
America who is personally known to me, or has produced as
identification.
( �/ I '-"a
3d{17 Y PUBLIC — ST e E OF Michigan
Colleen F. Curve
PRINTED NAME
C OU-EEN F CURRIE
NOTARY PUSUc, STATE OF MI
COUNTY OF OAKLMD
MY OQNgJIir" EXPIRES Apr 14, 2012
ACTING IN TIC COUNTY OF
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(SEAL)
3/26/2013 16.A.3.
S K /L C C G C O• LIMITED POWER SAFECO INSURANCE COMPANY OF AMERICA
F GENERAL INSURANCE COMPANY OF AMERICA
► OF ATTORNEY HOME OFFICE: SAFECO PLAZA ,•�
SEATTLE, WASHINGTON 98185
No. 8011
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
" "• " "• "•'•'• "'""COLETTE R. ZUKOFF, SUZANNE TREPPA; JOHN R STOLLER, VINCENT J. FREES; CALVIN R. BOYD; JULIA T. CORCORAN; JAN M. KLYM;
JANE K. BOTTING• BRUCE E. ROBINSON; ROBERT PORTER; Bloomfield Hills, Miehigan•"•"'""«++++++++s+ s++:+.++ rs.+++ ++ + +s +. «r + +.++a. + +++ ++.++ + +..++
its true and lawful attomey(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued by the company in the course of its business, and to bind the respective company thereby in amounts or penalties not exceeding the sum
of Two Million Five Hundred Thousand and 00/ 100--------------------------------•---------------------- --------- ------ ---- -- --- --- - - --
DOLLARS ($ 2,500,000.00 )
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 15th
day of March
, 2005
/tm �_ ae -,
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
ice\
"Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for
that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such
authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
M The provisions of Article V. Section 13 of the By -Laws, and
(if A copy of the power- of- attomey appointment, executed pursuant thereto, and
07 Certifying Mat said power- of- attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsirrule thereof.'
1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify
that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,
are true and correct, and that both the By -Laws, the-Resolution and the Power of Attorney are still in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporations
JEAL. a
of pry enfvhcllCR�/
S- 09751SAEF 2/01
this 27th
Packet Page -428-
day of July , 2006
CHRISTINE MEAD, SECRETARY
® A registered trademark of SAFECO Corporation
03!1512005 PDF