Agenda 02/26/2019 Item #16A 802/26/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$44,172 which was posted as a guaranty for Excavation Permit Number 60.161, PL20170003239 for
work associated with Logan Landings.
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 Logan Landings. 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 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 $44,172. 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.8
Packet Pg. 614
02/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 7825
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $44,172 which was posted as a guaranty for Excavation Permit Number 60.161,
PL20170003239 for work associated with Logan Landings.
Meeting Date: 02/26/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/22/2019 10:48 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/22/2019 10:48 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 01/22/2019 11:09 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/22/2019 12:54 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/23/2019 4:20 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/28/2019 1:08 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/29/2019 9:46 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/29/2019 10:02 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/29/2019 8:34 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2019 5:04 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/04/2019 9:01 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/04/2019 10:36 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/04/2019 10:45 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/08/2019 9:27 AM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 02/19/2019 5:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
16.A.8
Packet Pg. 615
LOGAN LANDINGS
LOCATION MAP
16.A.8.a
Packet Pg. 616 Attachment: Location Map (7825 : Excavation Bond Release - Logan Landings)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this t1r' day o'f
November,2017 between IIVMOKALEE ROAD ASSOCIATES, LLC, a Florida limited liability
company, hereinafter referred to as "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 posl appropriate
guarantees and execute an Excavation Performance Security Agreement statrng applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20170003239 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $44,172.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavalion 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 lManager 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 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
1
2
3
f)
4.
16.A.8.b
Packet Pg. 617 Attachment: Performance Agreement & Bond (7825 : Excavation Bond Release - Logan Landings)
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.
7. 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 Develoger have caused this Agreement to be
executed by their duly authorized representatives this I I' day of November, 2017.
---- -:> 1'11 c-,*+.--
SIGNED IN THE PRESENCE OF:
Sign:IMMOKALEE ROAD ASSOCIATES, LLC, A
FI ali d liabil pany
By
N.z/Vice Presidenterffir* 6sh\c../ Nl .,!'ltr
Sign:
1*,0 4,,
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
COLLI COUNTY LORIDA
as designee of the County Manager
pursuant to Resolution No. 2015-162
OF
By:
App to form and legality:
Scott A. Stone
Assistant County Attorney
d
&
BOARD OF COUNTY COMMISSIONERS
16.A.8.b
Packet Pg. 618 Attachment: Performance Agreement & Bond (7825 : Excavation Bond Release - Logan Landings)
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. 8ND21577390
KNOW ALL PERSONS BY THESE PRESENTS that
lmmokalee Road Associates LLC
1600 Sawgrass Corporate Parkway, 4rh Floor
Sunrise. FL 33323
(here nafter referred to as "Owner') and
QBE lnsurance Corporation
9850 NW 41" Street. Suite 100
Miami. FL 33178
305-591-0090
(hereinafter referred to as'Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County') in the total aggregate surn of Forty Four Thousand One Hundred Seventy Two
and no/ Dollars ($44 172 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 asslgns, jointly
and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDjTION OF THIS OBLIGATION is such thal whereas the Owner has submitted for approval by
the Board a certain excavation permt no. P120170003239 and that certain excavaton permit shall
include specific improvements which are required by Collier County Ordinances and Resolutons
(here nafter 'Land Development Regulations"). This obligation of the Surety shall commence on the date
this Eond is executed and shall cont nue until the date of completion of the work and approval by the
County of the specifc improvements described in the Land Development Regulations (hereinafter the
"Guaranty Period") or until replaced by a new bond in the event of a change in ownershrp
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligatrons and duties in
accordance with the Land Development Regulatrons 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 fullforce 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 speclfic improvements shall
in any way affect its obligation on this Bond, and it does hereby waive notice of any sLrch 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 1o this Bond, or other
documents shall include any alteration, addition or modrfication of any character whatsoever
lN WTNESS WHEREOF, the parties hereto have caused this PERFORT|ANCE BOND to be
execLrted this 2nd day of November, 2017.
16.A.8.b
Packet Pg. 619 Attachment: Performance Agreement & Bond (7825 : Excavation Bond Release - Logan Landings)
Witnesses .!tt"rc-lmmokalee Road Associates, LLC
tt
N. Maria Menendez, Vice President
(Corporate Seal)
Printed Name
Pr Name: A.; htg'./ M'L'ft1-t
0
Rrhu.(lrT Printed Name/Title
(Provide Proper Evidence of Authority)
Da-
ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Broward
THE FOREGOING PERFORMANCE BOND WAS ACKN.WLEDGED BEF.RE ME THIS ffio" o,
November, 2017, BY N. Maria Menendez AS Vice President OF WHO
lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS lD
Public - State of Florida
L.
C, A,I
ft1 Di Per-s\bo
(sEAL)
Pri Name:
WITNESSES
#FF 007686
QBE lnsurance Corporation
Searate r)
me
Printed Name Zo\ A^-l>-
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF Palm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2nd DAY OF
November, 2017, BY Dale A. Belis AS Attorney-ln-Fact OF QBE lnsurance Corporation WHO lS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a AS IDENTIFICATION.
Notary Public - State of Florida ll. Elil Ashn
HHH$H^ffiIffi
vf$lw.AAROilt'l0rA8Y'c0u
l4-Ers-02650/7
N\. et,'Q Ns\o.n
(sEAL)
s
J hrl0 //,/,'u
Dale A.
Printed
16.A.8.b
Packet Pg. 620 Attachment: Performance Agreement & Bond (7825 : Excavation Bond Release - Logan Landings)
OBE
WARNING: THIS POWER OF ATTORNEY lS INVALIO WITHOUT THE BLUE BOROER
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS. thal OBE lnsurance Corporation (lhe'Company'), a corporation duly organized and
existing under the laws of the State ol Pennsylvania, having its principal ofiice at 88 Pine Street, New York, NY 10005, has made,
constituted and appointed, and does by these presents make, conslilule and appoinl Dale A. Bclis of Marsh & UcLennan Agency,
LLC of iliami, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execule, seal,
acknowledge and deliver any and all boods and undenakings. with the exceplion of inancial guaranty insuran@, lo the same extent
as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company al ils pnncapal office in
their Dwn proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of New York,
without giving efiecl to lhe principles of conflict of laws. This Povver of Atlomey is granted pursuant to the ,ollowng resolutions, which
were duly and validly adopted at a meetrng ol lhe Board of Direclors of lhe Company wilh effect from June 30. 2014.
RESOLVED, that the Chief Executive Officer, any President, any Executive Vice Presidenl, any Senior Vice President, any
Vice President, the Corporate Secretary or any Assistant Corporale Secretary is authorized to appoinl one or more Attorneys-
in-Fact and agentS lo execute on behalf of the Company, as surety, any and all bonds, undertakings and contracls of
suretyship, or olher wrillen obligations in lhe nalure thereof; to prescribe their resp€ctave dulies and the respective limits of
their authorily; and to revoke any such appoinlment at any time;
FURTHER RESOLVED, that any bond, recognjzance. conlracl of indemnity, or writing obligatory in the nature of a bond.
recognizanc€, or conditional underlaking will be valid and bindang upon the Company when (a) signed by any of the afotesaid
authorized officers: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fac1 and agents pursuant to the
power prescribed in hirher cenilicate or their certificales ol authority or by one or more Company officers pursuanl to a writen
delegation of aulhorityi and
FURTHER RESOLVEO, that the signature of any authorized oflicer and the seal of the Company may be drawn on or atfixed
by facsimile or electronically transmitted by email to any power of attorney or certificatron thereot authorizing the execution
and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company, and such slgnature and
sealwhen so used shall have the same torce and effect as though manually afiixed. The Company may contrnue to use for
the purposes herein stated lhe facsimile or eleclronically r€produced signature of any person or persons who shall have been
such offc€r or officers of the Company. notwithstanding the tacl that lhey may have ceased to be such al the time when such
inslruments shall be issued
lN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
corporale seal hereunto aftxed this Oecember 21. 2016.
Attest QBE INSURANCE CORPORATION
(SeaD gy:
Brett Halsey
Sen,or Vice P
STATE OF FLORIDA
COUNTY OF SEMINOLE
On this December 21, 2016, before me personally appeared Brett Halsey and Matt Curran, both to me known to be Senior Vice
Presidenb of OBE lnsurance Corporatioo. and that sach. as such, bqng authorized to do, execule the toregoing instrument tor the
purposes therein mntained by signing on behal, ot the corporatio each as a duly aulhonzed ofiicer
Matt Curran
Senior Vice Presidenl
/f /^^-vt:LISA M PARENT
NOtAiY Prrarrc. sl^rE (tf ttotrol
coMMrssroN r FF104252
EXPIRES 5/16/201E
aat|ro lHau raalxdtlaYr
By a
sa M Parent, Notary Public
.,^1"'' :1" .. SERTIFICATE
f lo-se,flflBtodEdrfrdct,y'j-, the undersigned, Corporate Secretary of QBE lnsurance Corporalion do hereby certify that the foregoing
rs d*te, oQrroaznd.codfiaiB copy oI lhe original Power of Attorneyi that sard Power ot Anorney has nol b€en revoked or rescinded
a1a thal tfre sqfority 9l thsA4q{ney-in'Facl set forth hersin, who executed the bond or undertaking to wltich lhis Power ofAttorney is
altachdr,ls i.!flill forcd arld €f.et as oflhrs date. .:
-duelgae"rnr F?nl anC.seat qI the Company. ttris A*oay of \izr'../ e.'nh r--i- zotz.
(Seal)
By
Jose Ramon GonTalez. Jr Corporate Secretary
By:
)
)SS.
)
J:R.A
16.A.8.b
Packet Pg. 621 Attachment: Performance Agreement & Bond (7825 : Excavation Bond Release - Logan Landings)