Agenda 09/25/2018 Item #16A 909/25/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$130,340 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180001798) for work associated with Winding Cypress Phase 3.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securiti es
administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the Land
Development Code (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 Winding Cypress
Phase 3 PPL, (PL20170003951). On June 26, 2018, the PPL was approved by the Board of County
Commissioners. Once the construction plans and plat 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 $130,340. 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 & Bond (PDF)
16.A.9
Packet Pg. 894
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 6485
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $130,340 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180001798) for work associated with Winding Cypress Phase 3.
Meeting Date: 09/25/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/21/2018 3:12 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/21/2018 3:12 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 4:21 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/21/2018 5:43 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/22/2018 9:36 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/27/2018 12:34 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/28/2018 7:59 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/28/2018 10:04 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/28/2018 2:54 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/30/2018 5:59 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/31/2018 3:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/04/2018 7:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/04/2018 10:03 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 09/06/2018 6:56 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 1:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.A.9
Packet Pg. 895
WINDING CYPRESS PHASE 3
LOCATION MAP
16.A.9.a
Packet Pg. 896 Attachment: Location Map (6485 : Bond Release - Winding Cypress Phase 3 EWA)
WHEREAS, the Early Work Regulations require Developer to post appropriate
pedormance guarantees t-o ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PLtonOaO tf fg (the "Early Work Permit").
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into tnis 1"1'"/ day ot
, 20 li , between Divosta Homes L.P. hereinafter referred to as "Developer," and the
Board of County Commissioners of Collier County, Florida, hereinalter rererred to as the "Board".
WHEREAS, Developer has applied lor an early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section 10.01 .02.8
(collectively, the "Early Work Regulations"); and
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenanl and agree as follows:
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 relerence made a part hereof) in the amount of $130,340.00.
ln the event of default by Developer or failure ol 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 ol receipt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval ol 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 oI 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 ol 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 peformance 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
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16.A.9.b
Packet Pg. 897 Attachment: Performance Agreement & Bond (6485 : Bond Release - Winding Cypress Phase 3 EWA)
7
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.
DiVosta Homes L.P.
lN WITNESS WHEREOF, the Board and Developer haye caused this Agreement to be
executed by their duly authorized representatives this .i ?-''"/ day of i!'l :i rr
20 iY . ----------T-
SIGNEDlN THE PRESENCE OF:
sisn:fu6kft
Prr 6^r,*e-
Printed Name
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Ap as to form and legality:
Scott A. Stone
Assistant County Attorney
Printed Name/Titl
L
sisn:/zraLl rtrrfutft*n P,Jsl+rL
L,/(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISS
OF COUNTY.$'t^
as designee of the County Manager
pursuant to Resolution No. 2015-162
frY-
16.A.9.b
Packet Pg. 898 Attachment: Performance Agreement & Bond (6485 : Bond Release - Winding Cypress Phase 3 EWA)
Exhibit A
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
Divosta Homes, LP
2431 l Walden Center Dr., Suite 300
Bonita Springs FL 34134
(hereinafter referred to as "Developer") and
Liberty Mutual lnsurance Company
2815 Forbs Avenue, Suite 1 02
Hoffman Estates lL 60192
847 -396-7132
Bond No. 268011295
(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 hundred thirty thousand three hundred forty
dollars ($130,340.00) 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. Developer and Surety are used for singular or plural, as the context
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Developer has submitted for approval
by the Board a certain Early Work Authorization Permit No. PL20180001798 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
Developer.
NOW, THEREFORE, if the Developer 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 Developer shall satisfy all claims and demands incurred and shallfully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Developer'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, exlension 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
Developer 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.
16.A.9.b
Packet Pg. 899 Attachment: Performance Agreement & Bond (6485 : Bond Release - Winding Cypress Phase 3 EWA)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 11rh day of May, 20'18.
WITNESSES:
Ross Ripple
J. Ni s Sarris
ACKNOWLEDGEMENT
STATE OF GEORGIA
COUNTY OF FULTON
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 11th DAY OF
May,2018, BY D. Bryce Langen AS VP & Treasurer OF Divosta Homes, LP, WHO lS PERSONALLY
KNOWN TO ME.
Notary Public - State of Georgia
Shirle Hutchins
Libe rty u al lnsurance Company
B
Ross Ripple Gre . Riv Attorney-in-Fact
STATE OF Georgia
COUNTY OF Fulton
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 11th DAY OF
May,2018, BY Gregory S. Rives, AS Attorney-in-Fact OF Liberty Mutual lnsurance Company, WHO lS
PERSONALLY KNOWN TO ME.
Notary Public - State of Georgia
SEAL
h rley E. H
SHIRTEY E HUTCHINS
Notary Public - Stale ol G€oeia
Fulton County
lvy Commission Expires Mar 18,2022
SH IRL E E HUIC H IN s
PublicNotary Slate Georgja
ullo Counl
Commiss Mat 2022
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tchins
Divosta Homes, LP
su, ll LLu t -
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D. Bryce Langen, VP & Treasurer
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(SEAL)
WITNESSES:
A-tl,r*
t. trtichdaslarris
ACKNOWLEDGMENT
16.A.9.b
Packet Pg. 900 Attachment: Performance Agreement & Bond (6485 : Bond Release - Winding Cypress Phase 3 EWA)
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THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
this,Power of Aftorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate p6. 7917473
Liberty Mutual lnsurance Company
The Ohio Casualty lnsurance Company West American lnsurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty lnsurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty iilutual lnsurance Company is a corporation duly organized under the laws of the Stale of Massachusetts, and West American lnsurance Company is a corporation duly
KellvMarie Conlon; Kim Hill; Ross lrwin: D. Bryce Lanqen; Jean Marusgk; Brien O'Meara; James Ossowski; Ellen Padesky Maturen; Greqory S. Rives;
Kallv Vnakam .lamac Torrmor
all of the city of Atlanta state oi GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execule, seal, acknowledge
be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WITNESS WHERE0F, thrs Power of Attorney has been subscribed by an authorized officer or offlcial of the Companies and the corporate seals of the Companies have been affixed
theretothis 19th dayof October , 2017
The 0hio Casualty lnsurance Company
Mutual lnsurance Company
West lnsurance Company
By:
STATE OF PENNSYLVANIA
COUNTY OF MONTGOMERY
SS
David M Secretary
On this 19th day of october , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual lnsurance
Company, The Ohio Casualty Company, and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes
therein conlained by signing on behalf of the corporations by himself as a duly aulhorized officer.
lN WITNESS WHEREOF, I have hereunto subscribed my and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written
COMMONWEALTH OF PENNSYLVANIA D,*, il,frll-Noiarial Seal
Toresa Pastella, Nolary Public
Upper Merion Twp.. Montgomery Counly
My Comnri$ion Expi.es M8rch 28,2021
By:
Teresa Pastella, Notary Public
Mernber. Pennsylvanin AssGiation ol Notarios
Thrs Power of Attorney is made and executed pursuant and by authority of the following By-laws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual
lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows:
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effecl as though manually affixed.
l, Renee C. Llewellyn, the undersigned, Assistant Secrelary The Ohio Casuatty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company do
hereby certify that the original power of Attorney by said Companies, is in full lorce and efrect and
,, l{has not been revoked.
lN TESTIMONY WHEREOF. I have
1L)1 2 '1991
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1912 1 991
LMS_1 2873_02201 7
day of
By:
Renee C.Secretary
1 05 of 200
I
16.A.9.b
Packet Pg. 901 Attachment: Performance Agreement & Bond (6485 : Bond Release - Winding Cypress Phase 3 EWA)