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Agenda 06/26/2018 Item #16A1006/26/2018 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.164, PL20160000096 for work associated with The Club at Pelican Bay. OBJECTIVE: To release a security which was posted as a development guaranty by The Club Pelican Bay, Inc. 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 Cash Bond was posted as security for an Excavation Permit associated with The Club at Pelican Bay, PL20160000096. The As-Built lake cross sections have been received and the lake has been inspected by the Development Review Division. FISCAL IMPACT: There is no fiscal impact to the Board 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 Cash Bond in the amount of $25,000. Development Review 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: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement & Bond (PDF) 16.A.10 Packet Pg. 669 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 5768 Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.164, PL20160000096 for work associated with The Club at Pelican Bay. Meeting Date: 06/26/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/23/2018 1:37 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 05/23/2018 1:37 PM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/23/2018 3:14 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 05/23/2018 3:50 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/23/2018 5:31 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/29/2018 8:44 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 05/29/2018 3:29 PM Growth Management Department Matthew McLean Additional Reviewer Completed 05/29/2018 3:29 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2018 3:48 PM Growth Management Department James French Deputy Department Head Review Completed 05/29/2018 4:05 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/06/2018 10:26 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/06/2018 1:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 8:55 AM Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/14/2018 9:17 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/14/2018 2:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM 16.A.10 Packet Pg. 670 THE CLUB AT PELICAN BAY LOCATION MAP 16.A.10.a Packet Pg. 671 Attachment: Location Map (5768 : Excavation Bond Release - The Club at Pelican Bay) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 23rr/ aay ot irrn oO,.,l 20 / N belweenfu,1t1,:--:,j.ilhereinafter referred to as "Developer," and the eord--coun ty Commissioners of Collier CoLinty, Florida, hereinafter referred to as the "Board" WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et a/. of the Collier County Code of Laws and Ordtnances, and the Collier County Land Development Code, including but not limited to Section 3.05.10 (collectively, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. _PL20160000096_ (the "Excavation Permit"). 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 agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either. a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County l\/anager or designee may call upon the excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation 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, 1 2 3 4 6 Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $_25,000_. q 16.A.10.b Packet Pg. 672 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) 7 the Excavation Work. The Developer, as principal under the excavation 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 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. lN WITNESS WHEREOF, the Board and Developer executed by their duly authorized representatives lhis 23,"1 EOF 13 u*n (.Sn have caused this Agreement to be day of ,fiaouou.r ,20'lg SIGNEDJN THE PRESENC sisn: /d,uy1A( 9t&-(Name ofEntitv) .?yr-Ct'|l fut'4'" b"'l f i( ,": tlu*il1 blptrc =,elvidio Printed Name ATTEST: DWIGHT E. BROCK, CLERK By Deputy Clerk as to form and legality Scott A. Stone Assistant CountY AttorneY M ichoc I U< it lP Printed Name/Title (President, !!,, or CEO) Provide Proper Evidence of Authority) BOARD OF OF COLL as des of the County pursuant to Resolution No. 2015-162 Printed Name sign'.hfYt"YJ\ Ap 16.A.10.b Packet Pg. 673 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: thAt D. Garrett Construction, lnc. 4933 N Tamiami Trail #300. Naples, FL 34103 I Bond No. 2223084 REVISED (hereinafter refened to as "Owne/') and North American Specialty lnsurance Company P.O. Box 2991, Overland Park, KS 66202-1931 (913) 676-5200 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafier referred to as "County") in the total aggreg ate SUm Of Tweftv Fiw Thdsand 4d ocvloo Dollars ($25,000.00 ) 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 has submitted for approval by the Board a certain excavation permit no. -PL2O]O0O.Q0!96- and that certain excavation permit shall include speciflc 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 Owne/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 acrordance with the Land Development Regulations. The term "Amendment," wherever used in this B documents shall include any alteration, addition or m lN WITNESS WHEREOF, the parties hereto and whether referring to this Bond, or other on of any character whatsoever sed this PERFORMANCE BONO to be o executed this 19th da ,4Q yof edt UW,/p, D, GA By Printed Name/Title (Provide Proper Evidence of Authority) Printed Name j3el/'Qoub /, 4Aa4t, tlo a Printed Name Zt;zdAe+l t t-Ul li ion, lnc. I 15,LDS{1664/1153600/11 d"Y {yln,b,+ A WITNESsES: t?ord3 16.A.10.b Packet Pg. 674 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) STATE OF COUNTY OF FOREGOING PERFO o PRODU ED Notary Pubric - stare or FIOf(d A. Printed Name WITNESSES: Noah Pierce, Witness Printed N ACKNOWLEDGEI\iI ENT NOWLEDGED BEF OF ACKNOWLEDGER) (NAME OF COMPANY) WH O IS PERSONALLY KNOWN TO [TE, OR HAS AS IDENTIFICATIO 20 RMANCE BOND WAS ACK ev]\shlCrqq.rkthcAl'le one ue rrrs.I-DAY oF49CED - 6rrr-e1 (SEAL) Beth Print e nson, Name North American Specially lnsurance Company (surety Name and Ti!le if Corporation) By NoFResdsl Ag€rt *v1B290Oa Printed Namefiitle (Provide Proper Evidence of Authority) c/o Willis of Florida, lnc. 4211 W. BoY Scout Blvd , Ste. 1000 Tampa, FL 33607 lnquiries: (813) 281 -2095 ACKNOWLEDGM ENT S COUNTY OF THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1gih DAY OF AS Attomev-in-Facr OF !.@3Eetred!isn&.LorueE!r*p,.vJanuarv ,20-11, BY WHO IS PERSONALLY KNOW N TO ME, OR HAS PRODUCE D xno*n r^ nrrF AS IOENTIFICATION Notary Public - State of c7--*- aP Printed Name Danielle COUEMEY T.$DDEN MYCOM tSStON # @ 127082 EXPIRES: tlovonb€r 2'l, 2021 Eo rd ftru h/b& Uid.rfii... l1s LDS{1664/11s360O/11 nson 'l.ii[ffi-{Y,r]':#il:}, (SEAL) %b- 14-EtS-02650/7 STATE OF c""n"ai"',r 16.A.10.b Packet Pg. 675 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) q SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPE,CIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN tsY THESE PRESENTS, THA'I North American Specialty Insurance Cornpany, a corporation duly organized and existing under Iarvs of the State of Nerv Harnpshire, and having its principal offlce in the City olOverland Park, Kansas and Washington Interuatiorral Insurance Company a corporation organized and existing under the lau's of the State of New Hampshire and having its principal office in the City of Overlarrd Park, Kansas, and Westport Insurance Corporation, organized under the larvs of the State of Missouri, and having is principal office in the City of Overland Park. Kansas each does hereby make, constitute and appoint: STACY RIVERA, DONNA M. PLANETA, JOSHUA SANFORD, AIMEE R. PERONDINE, AIZALOPEZ, BRIAN PETERS, DANIELLE D. JOHNSON, STEPHANI A. TRUDEAU and MICHELLE ANNE McMAHON Its true and larvful Attorney(s)-in-Fact, to make, execute, seal and deliver, fbr and on its behaliand as its act and deed, bonds or other r.vritings obligatory irr the nature ola bond on behalfofeach ofsaid Conrpanies, as surety, on contracts ofsuretyship as are or may be required or permitted by law, regulation, contract or otheruise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount ofl: oNE HUNDRED TwENTy FtvE MILLIoN ($125,000,000.00) DoLLARS This Power of Attorney is granted and is signed by lacsirnile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Conrpany and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July I 8, 201 I . "RESOLVED, that any tu,o of the President, any Senior Vice ll'esident, any Vice President, any Assistant Vice Plesidcn! the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Porver olAttomey qualilying the attorney named in the giverr Pou,er olAttorney to execute on behalfolthe Conrpany bonds, undertakings and all contracts ofsurety, aud that each or any ofthenr hereby is authorized to attest to the exccution ofany such Power ofAttorney and to attach therein the seal ofthe Company; and it is FURTFIER RESOLVED, that the signaturc of such officers and the seal of the Companl, may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Porver ofAttorney or certiflcate bearing such facsinrile signatures or facsimile seal shall be binding upon the Company rvhen so affixed and in the future with regard to any bond, undertaking or contract ofsurety to rvhich it is attached." By sr Cornpany & Senior Vicc }rcsidcDt of\orth Amcricrn Spccirlty Insurance ConrpEny & SeniorVic€ Prcsidenl ofWestporl I.sutancc (lorporation ComDanv & S.nior VicG Prrsidcna of Noflli Anierican Specialty lnsumnce Conrpeny & Scnior Vice Prcsidena ofWestport Insurance Corporation IN WITNESS WT{EREOF, North Arnerican Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their olficial seals to be hereunto affixed, and these presents to be signed by their authorized officels this this 7th day of Deccn-rbcr 20 17 North American Specialty Insurance Company Washington Intcrnational Insurance Company Westport Insu rancc CorporationState of Illinois County ofCook On this 7th day of Z0_[ betbre me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intematiolal Insurance Company and Senior Vice President of North American Specialty In_surance Company and Se^nior Vice President ol w;;iffiirJ;"" a;rpo.u[i"; ";d MiiMei A. it; Senior Vice President of Washington Intematioiral Insurance Company and Senior Vice President of North Ar.nerican Specialty Insurance Company and Senior Vice Prrsident of Westport Insurance Corporation, personally knowtt to me, u4ro being by nrc duly snorn, acknorvledged that they signed the above Porver ofAttorney as officers ofand acknowledged said instrunrent to be the voluntary act and decd oftheir respective conrpanies' M. Kenny, Notary Public ss: December I,JeffreyGoldberg,theiriiyelectea@ofNorthAmericanSpecialtyInsuranceCompany,Washirrgton InternationaIInsuranceCompanyandWest@rtifythattheaboveandtbregoingisatrueandcor.rectcopyofa power of Attomey given by .said NortlrA-rreric.ur Specialty Iniurance Conrpany. Washington International Insurance Cornpany and Westport Insurance Corporation which is still ilr fLl! ,brce_ altlelfect. IN WITNESS WHEREOI., I hdve se-tJny hand and afllxed the seals of the Companies this ldl day of Jon r,.^l . 20 ll? ' //*'-s': SEAL SEAL 1973 Jeffrev Goldbers. Vice Presidenl & Assislilt Secrebl' of WNhrnstolr Intemalional Insurillce No.rltr-ei"ini", ip.i,"f n hsu$ce Compo)'& Vice Presideill & Assislilt Secrelrry of weslport Compml' & llsuolce Corporation 16.A.10.b Packet Pg. 676 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) 1130t20',18 Oetail by Entity Name DrvrsroN oF CoRPoRArroNs Dt'tatott r.tf (j e_1 i2 r_1 itly' J' Lr-.a I ) ut elltu utl .\rrr? 4Fl1,ruh, $rb\tt? OepanmentofStale/Divisionofcorporations/SearchRecords/DotailBvDocumentNumb€r/ Detail by Entity Name Florida Not For Profit Corporation THE CLUB PELICAN BAY INC, Filing lnformation Document Number N40887 FEUEIN Number 654221331 Date Filed 11115/1990 State FL Status ACTIVE Last Event AMENDED AND RESTATEDARTICLES/NAME CHANGE Event Date Filed 0411811997 Event Effective Date NONE Princioal Address 707 GULF PARK DR. NAPLES, FL 34108 Changed: 011231'1597 Mailino Address 707 GULF PARK DR. NAPLES, FL 34108 Changed: 0112311997 Reoisterod Aoent Name & Address COLEMAN, KEVIN G GOODLETTE, COLEMAN & JOHNSON, PA 4OO1 TAMIAMI TRAIL NORTH, SUITE 3OO NAPLES, FL 34103 Name Changed: o4l 181'1997 Address Changed: 041 1 8l 1 997 Ofricer/Director Detail Name & Addross Title Chairman Phillips, George 7- '/, i.rrrtiyf,org http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaal?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELI 113 16.A.10.b Packet Pg. 677 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) 1130t2018 Detail by Entity Name 707 GULF PARK DRIVE NAPLES, FL 34108 Title DIRECTOR Hamilton, SUSAN 707 GULF PARK DRIVE NAPLES, FL 34108 Title Director Albanese, Karla 707 GULF PARK DRIVE NAPLES, FL 34108 Title Treasurer ERMLER, RICK 707 GULF PARK DR. NAPLES, FL 34108 Title Director TYRE, ROBERT 707 GULF PARK DR NAPLES, FL 34108 Title Director Feuerbach, Kirk 707 GULF PARK DR NAPLES, FL 34108 Title Secretary WEIR, MICHAEL 707 GULF PARK DR. NAPLES, FL 34108 Title Director Lear, Tom 707 GULF PARK DR NAPLES, FL 34108 Title Oirector Luconi, Fred 707 GULF PARK DRIVE NAPLES, FL 34108 Annual Reports Report Year Filed Date httpi//search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELI 2t3 16.A.10.b Packet Pg. 678 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay) 1t30t2018 2015 2016 2017 04t22t2015 04t2012016 0510512017 Document lmaoes 05/05/2017 _ ANNUAL REPORT O4l20l2016 - ANNUAL REPORT O4l22l201 5 .. ANNUAL REPORT O2l1 7/2014 - ANNUAL REPORT 03/221201 3 .. ANNUAL REPORT O1/05/2012 .. ANNUAL REPORT O2l18/2011 .. 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ANNUAL REPORT 07106/2004 - ANNUAL REPORT O1/1 3/2003 - ANNUAL REPORT O1/2312002 - ANNUAL REPORT O1l3,I/2001 - ANNUAL REPORT O1/14I2OOO - ANNUAL REPORT O2l23l1 999 _ ANNUAL REPORT O1/2711998 - ANNUAL REPORT O4l18/1997 - AMENDED/RESTATED ARTICLE/NC O1/2311997 - ANNUAL REPORT 03/05/1996 - ANNUAL REPORT O1 /30/1 995 .- ANNUAL REPORT Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Mew image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in POF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format lloiC3 )eDarrnerl cf lricb, iiivrlii.4 ,if aicrpcraircr's http://search.sunbiz.org/lnquiry/corporationsearch/searchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=cLUBPELI' 3/3 I I __lll I _l I 16.A.10.b Packet Pg. 679 Attachment: Performance Agreement & Bond (5768 : Excavation Bond Release - The Club at Pelican Bay)