Agenda 01/08/2019 Item #16A1701/08/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$38,640 which was posted as a guaranty for Excavation Permit Number 60.140, PL20160000887 for
work associated with Richmond Park.
OBJECTIVE: To release a security which was posted as a development guaranty.
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 Performance Bond was posted as security for an
Excavation Permit associated with Richmond Park. The As-Built lake cross sections have been received
and the lakes have been inspected by the Development Review Division.
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 $38,640. 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. Bond Basis (PDF)
16.A.17
Packet Pg. 870
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 7420
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $38,640 which was posted as a guaranty for Excavation Permit Number 60.140,
PL20160000887 for work associated with Richmond Park.
Meeting Date: 01/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/26/2018 10:34 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/26/2018 10:34 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 11/26/2018 11:52 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/28/2018 9:27 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/28/2018 2:43 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/03/2018 8:57 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/03/2018 4:07 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/07/2018 11:03 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/10/2018 2:39 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/11/2018 9:48 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2018 8:55 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:08 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:22 AM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 12/20/2018 3:55 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 11:56 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.17
Packet Pg. 871
RICHMOND PARK
LOCATION MAP
16.A.17.a
Packet Pg. 872 Attachment: Location Map (7420 : Excavation Bond Release - Richmond Park)
EXCAVATION PERFORMANCE AGREEMENT
of
THIS EXCA6 ol obr,r-
"Developer," and the Board of County Commissioners of Collier County, 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 Ordinances, 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-lvill
comply with the Excavation Regulations and Excavation Permit No. *rt,rOUflUU(he
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafler sel 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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of
$3ff49 !0
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 si)dy (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 Manager 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, the
Excavation Work. The Developer, as principal under the excavation performance
VATION PERFORMANCE AGREEMENT entered into this llh day
20 lL between Richmond Park lnvestors. LLC hereinafter refe.rred to ai
1
2
4
5
6
16.A.17.b
Packet Pg. 873 Attachment: Bond Basis (7420 : Excavation Bond Release - Richmond Park)
16.A.17.b
Packet Pg. 874 Attachment: Bond Basis (7420 : Excavation Bond Release - Richmond Park)
*[,f4l+"N'Bond No. CS9826543
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Richmond Park lnvestors, LLC
5800 Lakewood Ranch Blvd., Sarasota, FL 34240
(hereinafter referred to as "Owner") and
Great American lnsurance Company
301 E Fourth Street, Cincinnati, OH 45202 (513) 369-5000
(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 Thirtv-eioht Thousand Six Hundred Fortv and
00/100 Dollars ($38,640.00) in laMul 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.PL20 160000887 and that certain excavation permit 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 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 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.
tN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 30th day of Seotember. 2016.
WITNESSES:
By:
Printed Name Eelro Sande*
James R. i:ltier
Printed Name Jena$e.V\[
[ 1s-LDS-o16&/11s3600/1]
E)(PERIENCE lhe POWER of PARTNERSHIP
Printed Name/Title
@"ffis
16.A.17.b
Packet Pg. 875 Attachment: Bond Basis (7420 : Excavation Bond Release - Richmond Park)
T+IE FOREGOING PERFO
Lr0H,[''gi, ,zo iQ, ,t
RMAIEE BOrlD .wAS ACBY Jww >yAuAz BEFORE U"''S 1!
oF ACKNOWLEDGER)
Bond No. CS9826543
ACKNOWLEDGEMENT
KNOWLEDGED DAY OF
(NAME AS
(TITLE) OF Richmond Park lnvestors. LLC (NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
IDENTIFICATION.
AS
Notary Public - State of fiprila-
Printed Name
(407) 3980r53
ECHO SANDERS
MY COMMTSSION #FF1 6054s
EXPIRES September 1 6, 2018
FlorldaNotatySewice.com
')
(sEAL)
WITNESSES:
l4-Ets-0265017
[1s-LDS-o1654/1 1s3500/1]
E)(PERIENCE the P0WER of PARTNERSHIP
Printed lvame A/arcy4etly Gap
\
NWb ttl.1as
Great erican lnsurance m
Mary Martha Langley, Attorney-i
Printed Name/Title
n-Fac t
Printed Name
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3oth DAY oF
Seotember, 2016, BY Marv Martha Lanqlev AS Attornev-in-Fact OF Great American lnsurance Comoanv
WHO IS PERSONALLY KNOWN TO OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of Florida
(sEAL)
Printed Name Diane Cockinq
@"ffis
srArE or Fh.UttlCr ,CouNrY oF,lLl&.y:Mtru
;i$fi;*;.,
+,#i
,4358
13,2017
16.A.17.b
Packet Pg. 876 Attachment: Bond Basis (7420 : Excavation Bond Release - Richmond Park)
GREAT AMERICAN TNSURANCE COMPANY@
Administrative office: 3ol E 4TH STREET o CINCINNATI, OHlo #202 . 513-369-5000 0 FAx 513-723-2740
The number ofpersons authorized by
this power of attorney is not more than FOUR
No.0 20517
POWf,ROFATTORNEY
KNOWALLMENBYTHESEPRESENTS: ThattheGREATAMERICANINSURANCECOMPANIacorporationorganizedandexistingunder
and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below each individually ifmore than
one ii named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behatfofthe said Company, as surety, any and all bonds,
undertakings and contracts ofsuretyshif, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any such bond,
undertaking or contract ofsuretyship executed under this authority shall not exceed the limit stated below.
Name
FREDERIC M. ARCHERD, JR.
TANYA L. RUSSO
RICHARD P. RUSSO, JR.
MARY MARTHA LANGLEY
This Power ofAttorney revokes all previous powers
IN WITNESS WHEREOF thE GREATAMERICAN
officers and its corporate seal hereunto affixed this
Attest
Assislanl Secrelqry
issued on behalfofthe attorney(s)-in-fact named above.
INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
14TH day of OCTOBER , 2015
GREAT AMERICAN INSURANCE COMPANY
Divisional Senior Wce Prcsidenl
Address
ALL OF
TAMPA, FLORIDA
Limit olPower
ALL
$1o0,ooo,ooo
l$cc.a__e*t!,/kL
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVlDc KrrcHrN (877-377-2405).
Onthis 14TH dayof OCTOBER , 2015 , before me personally appeared ?AVID C: KITC.HIN, to me
known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President ofthe Bond Division ofGreat
American Iniurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company;_that the seal
affixed to the said instrumentii such corporite seal; that it lvas so affixed by authority of his office under the By-Laws of said Company, and that he signed his
name thereto by like authority.
/**cr,/L*SrilA.l(ffi
tdryPdqgadO$freilaftrggluEl}M
This power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9. 2008. '
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
presidents, or ony one ofrhem, be and hereby is authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute on behalfofthe Company,
as surety, any anh all binds, undertakings a;d contracts ofsiretyship, or other vriitin obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and lo revoke any such appointmenl at any time-
RESOLVED FURTHER: That the Companl, ssc,! and the signature of any of the aforesaid oficers qnd any Secretoty o.r Assistant Secretary oJ the
Company moy be afitxed byfacsimile to any pot,ei ofattorney or certificate ofeither givenJor the. execution-ofay lond, underlaking, conlracl ofsuretyship'
or oiher'vritien otligatioi in the nature therbof, suc'h signatire and sial whei so uted being hereby ado-pted by lhe-^Company as. the orig-inal s^ignature of such
ifi"r, ond th, origiial seal oJ the Company, to be valiiand binding upon lhe Companl, vtith the same force and elfecl as though manually aftxed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of GreatAmerican Insurance Compall do hereby certiry that the
the Resolutions ofthe Board ofDirectors ofJune 9, 2008 have not been revoked and are now in ful1 force and effect.
Signedandsealedrhis $Ot aayot Q4fgr.J0AL Sollo
lirn:gort,g l)o\\cr ()l'41((rl lr,tv r'!ld
c t
s1 029AF (06/1 5)
Assistanl Secrclary
ffi
@ t$c
16.A.17.b
Packet Pg. 877 Attachment: Bond Basis (7420 : Excavation Bond Release - Richmond Park)