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Agenda 11/13/2018 Item #16A1511/13/2018 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $26,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180002086) for work associated with The Isles of Collier Preserve Parcel T. 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 The Isles of Collier Preserve Parcel T, (EWA - PL20180002086). On September 12, 2018, the Construction Permit (CNSTR-PL2018000166) was approved by Development Review staff. Once the construction plans for this project are approved, the EWA 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 $26,000 associated with EWA-PL20180002086. 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 Agreements and Bond (PDF) 16.A.15 Packet Pg. 679 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 6904 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $26,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180002086) for work associated with The Isles of Collier Preserve Parcel T. Meeting Date: 11/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 09/28/2018 10:44 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/28/2018 10:44 AM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/04/2018 4:13 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/05/2018 10:25 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 10/05/2018 1:27 PM Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 10/08/2018 12:43 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/08/2018 4:28 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/09/2018 8:30 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/09/2018 9:52 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/09/2018 11:36 AM Growth Management Department James C French Deputy Department Head Review Completed 10/10/2018 5:34 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/11/2018 7:49 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/11/2018 11:40 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 1:39 PM Office of Management and Budget Allison Kearns Additional Reviewer Completed 10/16/2018 2:48 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/01/2018 10:54 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.15 Packet Pg. 680 ISLES OF COLLIER PRESERVE PARCEL T LOCATION MAP 16.A.15.a Packet Pg. 681 Attachment: Location Map (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) THIS EARLY WORK PERFORMANCE AGREEMENT entered into tnis I Oay ot J& 201q, between l,ilinto Communihes. LLC hereinafter referred to as "Developer," and the Board" It Co,-rnty Comm,ssione,s of Coll,e, County, Florida, hereinafter referred to as the "Board". EARLY WORK PERFORIVIANCE AGREEI\,1ENT WHEREAS, Developer has applied for an early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.0'1.02.8 (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 N o. PL2OISCIOO),OCb (the "Early Work 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: 1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). 2. Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereo0 in the amount of $26.000.00. 3 4 6 5 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 flnal Early Work is reviewed and approved by the County lvlanager or desagnee 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 rn 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 thts 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, legat and contingent costs, togetherwith any damages, eitherdirect or consequential, which 16.A.15.b Packet Pg. 682 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) 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. executed by their duly authorized representatives this 20 1? . lN WITNESS WHEREOF, the Board and Devel ooer have' 6,b day caused this Agreement to be of {t, [.*J SIGNED I E OF:Minto Communities, LLC Sign Printed ame 7 sisn:lWfu <; llrLcltc // Printed Name Michael J. Belmont, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ATTEST: rnterim Clerk AS form and legality: Scott Stone Assistant County Attorney By:4 U as designee of the County Manager pursuant to Resolution No. 201 5- I 62 K. Kinzel, IIITERIII GERK 16.A.15.b Packet Pg. 683 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) 5rh,l,+- 'A Bond No.80159260 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BY THESE PRESENTS: that Minto Communities, LLC 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 (hereinafter referred to as "Ownei') and The Guarantee Company of North America USA One Town Square, Suite 1470 Southfield, Ml 48076 (238)281-0281 THE CONDITION OF THIS OBLIGATION is such that whereas the Board a certain Early Work Authorization Permit No. PL201 r has submitted for approval by Collier Preserve Parcel T 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 speciflc 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, otheMise 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 !{ day of June. 2018. bre#&" (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafterreferredtoas..County'')inthetotalaggregateSumof@Dollars (S26.000.00) 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. 16.A.15.b Packet Pg. 684 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) WITNESSES: Printed Name cAr'D( ut'tk- Printed trta mef/Oqr*re lflothlnA STATE OF ts COUNTY OF Minto Communities, LLG By: Lil am Costello of Finance Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT '*o" o, By: Cla udette Alexander Hunt. Attorney-in-Fact . /' \ Printed Name/Title OING PERFORMANCE BOND WAS AC E BY (NAME OF ACKNOWLEDGER) OF (NAME OF COMPANY) Minto Gommunities. LLC WHO I PERSONALLY KNOWN TO E, OR HAS PRODUCED AS IDENTIFICATION. - State of nted Name ,\Cr WITNESSES:The Guarantee Company of North E vtl (sEAL) (Provide Proper Evidence of Authority) ACKNOWLEDGMENT STATE OF Florida COUNTY OF Miami-Dade THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 28th DAY OF June, 2018, BY Claudette Alexander Hunt AS Attornev in Fact OF The Guarantee Companv of NoTth AmeTica USA WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION. Notary Public - State of Florida Printed Name,Tahbaz Printed Name, Nicole Paneque z^JLn/, 1 Printed Namel Camillir:\I. Cruz l 4-EIS-02650/6 CAMILLE M. CRUZ Commission # GG 112020 Expires August 5, 2021 Bm(bd Ihru Budg.{ Nobry Servbes .o$l.iiq LWJ (sEAL) 16.A.15.b Packet Pg. 685 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) * IITE Ite Guarantee Cmpauy of North America U$A Southfield, Michigan POWER OF ATTORNEY GUARANTEE* xilow ALL BY THESE PRESENTS: That THE GUARAI{TEE corPAI{Y OF HORTH ATEHCA USA, A COTPOTAT|ON OTgANiZCd ANd EXiStiNg UNdET the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Claudeue A,exander Hunt, Jacqudine Jordan Hanpton Aon R sk Seru*ps, tnc. of Florida IN WITNESS WHEREoF, THE GUARANTEE CoTPANY oF I{ORTH AflERICA USA has caused this iNStTUMCNt tO bE SigNCd ANd its corporate seal to be affixed by its authorized officer, this 23td day ol February, 2012. THE GUARAiITEE COTPAT{Y OF NORTH ATERICA USA its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other Mitings obligatory in the nature tneieof, which are or may be allowed, required or permitted by law, statute, rule, regulation' contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARAIaTEE GoilPAI{Y oF NoRTH AilERICA usA as fully and ampty, to all intents and purposes, .. it1A" i.." had been duly exeiuted and acknowledged by its regularly elected officels at the principal ofiice. The power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article lX, section 9 03 of the By-Laws adopted by the Board of Directors of rHE GUARANTEL CbiiiAXi or ronrn AuErucl usA ai a meeting held on the 31"t day of December, 2003' The'president, or any Vice presGnt, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the company, anct attach the seal of the company thereto, bonds and unOertaiii{s, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, "t "nV iir"] iny such Attorney-in-fact and revoke the authority given, except as. provided below 3. ln connection Utn oOiiiati6ns In favor otin" noiio. oepartment otTransplortation oniy, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the state "iir"iio" Department of rransportatioh. lt is fully understood that consenting to the state of Flo6da Department of Transportation making payment of the final estimate to the contractor and/or its assignee, shall not reiieve this surety company of any of its obligations under its bond. 4. ln connection fftn ootigations in favor of the ientucxy Department of Highways only, it is agreed. that the power and authorityiereby given to the Attorney-in-Fact cainot be modified or revoked unless prior written personal notice of such intent has been given to the commissioner - Departmeni or nitnways of the Commonwealth of Kentucky at least thirty (30) days prior to the modiflcation or revocation. Further, this power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly cailed and held on the 6th day of Decemb et 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the company may be afiixed.by facsimile to any Power of Aftorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and iuch signature ani seal when so used shall h-ave the same force and effect as though manually affixed. ffi^U*il- STATE OF TICHIGAITI County ol Oakland l, Randall Mussel and correct copy on this 23rd day of February ,2012 before me came the indlviduals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that eacn is the herein described and authorized officer of The Guaraniee Comfany of NorthAmerica USA; that the seal affixed to said instrument is the corporate Seal of said company; tnat tne corporate seal and each signature were duly afiixed by order of the Board of Directors of cynthia A. Takai tN WITNESS WHEREOF, I have hereunto set my hand at The Ggarantee Notary piotic, St;b-;i-Michigan Company of North America USA offices the day and year above frriften. Count. of Oakland ^/4 ' -/r - . '. IMyCommissionExpiresFebruary2T,2ols Cr rrAr*, fr T*4dOl;:", t'". Acting in Oakland CountY / .' ,,'.{ .i..1 man, secretary of rHE GUARAT{TEE CoilPANY OF ttORTl-l AilERICA USA, do-hereb{ g{ily th..l.s9 9o9r$ 31o.ro1esoii'g is itrue of a power of Attorney executed by THE GUARAI{TEE cotPAI{Y oF t{oRTH AtERlcA usA, which is still'f,r rul toreg-9na bffect. WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Compan y this % OaV of J.1r',1, aDl d Stephen C. Ruschak, President & Chief OPcrating Officer Randall tusselman, Secretary IN Randall ilusselman, Secretar.v 16.A.15.b Packet Pg. 686 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) 7120t2018 Detail by Entity Name brtaort rtf C r_t 1,1 r_t !i\. J, Jr_t f) a \iliitll:;tu! I lbtr&t *.b\r! OtvrsroN oF CoRPoRATroNs -x6hrge--'1* OSped!€dqtslatC / orvislon of CorpOIatlCIS / Sea.ch Records / Detail By_SgelEe4Lur!1ber / Detail by Entity Name Florida Limited Liability Company IV.IINTO COMMUNITIES, LLC Filing lnformation Document Number L05000074120 FEI/EIN Number 32-0155666 Date Filed 0712712005 State FL Status ACTIVE LasT Event CORPORATE i/IERGER Event Date Filed 1212712013 Event Effective Date 1213112013 Princip3lArElIcss 44OO W, SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Changed: 041151201.0 Mailing Address 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Changed: O4l'1512010 Bggistered Agent Name & Address BELMONT, MICHAEL J 44OO W. SAMPLE ROAO SUITE 2OO COCONUT CREEK, FL 33073 Name Changed: 0'l 127 12011 Tit|e PRES http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaal?inquirytype=EntityName&directionType=tnitial&searchNameOrder=MINTOCO 1t3 Address Changed: 041 1 51201 0 Authorized Personls) Detail Name & Address 16.A.15.b Packet Pg. 687 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA) 7t2012018 Detail by Entity Name BELMONI MICHAEL J 44OO W. SAMPLE ROAD, SUITE 2OO COCONUT CREEK, FL 33073 Title VP CARTER, JOHN F 44OO W. SAMPLE ROAD, SUITE 2OO COCONUT CREEK, FL 33073 Title DIVISION PRES. BULLOCK, WILLIAM L 44OO W SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title SR.VP SVOPA, STEVEN M 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title VP COSTELLO, LILLIAM 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Title VP CALE, BRIAN 44OO W. SAMPLE ROAD SUITE 2OO COCONUT CREEK, FL 33073 Annual Repprlg Report Year 2017 2018 2018 Filed Date 01t05t2017 0312712018 05t24t2018 Document lmaggg 05/2412018 -- AMENDED ANNUAL REPORT View image in PDF format O3/27l2018 .. ANNUAL REPORT View image in PDF format 08/2512017 - AMENDED ANNUAL REPORT View image in PDF format 0,1/05/2017 - ANNUAL REPORT View image in PDF format 03/03/2016 .- ANNUAL REPORT View image in PDF format O1/07/2015 - ANNUAL REPORT View image in PDF format http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MlNTOCO... 213 16.A.15.b Packet Pg. 688 Attachment: Performance Agreements and Bond (6904 : Bond Release - The Isles of Collier Preserve Parcel T EWA)