Agenda 03/26/2019 Item #16A 616.A.6
03/26/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$388,440 which was posted as a guaranty for Excavation Permit Number 60.121, PL20140000667
for work associated with Warm Springs.
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 Warm Springs. 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 $388,440. 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)
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16.A.6
03/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 8087
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $388,440 which was posted as a guaranty for Excavation Permit Number 60.121,
PL20140000667 for work associated with Warm Springs.
Meeting Date: 03/26/2019
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
02/19/2019 3:48 PM
Submitted by:
Title: Project Manager, Principal — Growth Management Department
Name: Matthew McLean
02/19/2019 3:48 PM
Approved By:
Review:
Growth Management Department
Judy Puig
Level 1 Reviewer
Engineering & Natural Resources
Jack McKenna
Additional Reviewer
Growth Management Operations & Regulatory Management Stephanie Amann
Growth Management Development Review
Brett Rosenblum
Growth Management Development Review
Chris Scott
Growth Management Department
Matthew McLean
Additional Reviewer
County Attorney's Office
Scott Stone
Level 2 Attorney Review
Growth Management Department
James C French
Deputy Department Head Review
Growth Management Department
Thaddeus Cohen
Department Head Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Valerie Fleming
Level 3 OMB Gatekeeper Review
Budget and Management Office
Mark Isackson
Additional Reviewer
County Manager's Office
Heather Yilmaz
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
02/19/2019 4:32 PM
Completed
02/19/2019 4:57 PM
Additional Reviewer Completed
Additional Reviewer Completed
Additional Reviewer Completed
Completed
02/26/2019 7:34 AM
Completed
02/26/2019 8:09 AM
Completed
02/27/2019 5:37 PM
Completed
02/28/2019 9:36 AM
Completed
02/28/2019 9:58 AM
Completed
03/08/2019 3:21 PM
Completed
03/11/2019 9:36 AM
Completed
03/18/2019 9:39 AM
03/26/2019 9:00
AM
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16.A.6.a
WARM SPRINGS
LOCATION MAP
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16.A.6. b
EXCAVATION PERFORMANCE AGREEMENT
r THIS EXCAVATION PERFORMANCE AGREEMENT entered into this .2 %'t' day of
20 Itc between Argo Warm Springs, LLC 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 post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. 60.121 (PL20140000667)
(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").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$388.440.00.
3. In 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.
4. 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.
5. 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.
6. In 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,
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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.
IN WITNESS WHEREOF, the Board and DeveloDPr have caused this Agreement to be
executed by their duly authorized representatives this J ,' fay of. �anaar _ 20_/�,.
SIGNED IN THE PRESENCE OF:
Sign: Argo Warm Springs, LLC
By:
Printed Name M;04,��
Scott Bland
Sign: Manager, Argo Warm Springs, LLC
T„ _ A., ) Provide Proper Evidence of Authority)
Printed Namej
ATTEST:
DWIGHT E. BROCK, CLERK
M
Deputy Clerk
Ap oved as to form and legality:
i
Scott A. Stone
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: —.6at 194"AltaA k4
4914" jAtjD6*-4
as designee of the County Manager
pursuant to Resolution No. 2015-162
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16.A.6. b
PERFORMANCE BOND FOR EXCAVATION WORK
PERFORMANCE BOND NO. 1154856
KNOW ALL PERSONS BY THESE PRESENTS: that
ARGO WARM SPRINGS, LP
21141 BELLA TERRA BLVD.
ESTERO, FL 33928
(hereinafter referred to as "Owner") and
LEXON INSURANCE COMPANY
10002 SHELBYVILLE ROAD, SUITE 100
LOUISVILLE, KY 40223
(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 Three Hundred Eighty -Eight Thousand Four
Hundred Forty and 00/100 Dollars ($388,440.00) 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. PL20140000667 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
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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
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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.
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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
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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.
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IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 41 day of
January, 2018.
Attest:
State of Florida
County of 0p l(f -C,Y
Owner
Argo Warm Sprm P
By:
I HEREBYCERTIF than op this day, before me, an officer duly authorized to take acknowledgements,
personally appeared OrT than of Argo Warm Springs, LP, to me known to be described in and
who executed the forgoing instrument and acknowledged to and before me that they executed the same.
Witness my hand and official seal in the county and state last aforesaid this V41- day2018.
4
My Commission expires
Attest:
10
Lyn tte Long, Bond AssisivAt
State of Kentucky
County of Jefferson
Notary
WIH D. UGHTW
MY COMMISSION 8 GG 142122
EXPWS; October 4, 2021
Surety
Lexon Insurance Company
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Theresa Pickerrell, Attorney -in -Fact
Before me this day personally appeared Theresa Pickerrell, Attorney -in -Fact for Lexon Insurance Company
who,being duly sworn, executed the foregoing instrument and acknowledged to and before me, the truthfulness and
accuracy of the statements in the foregoing instrument.
Witness my hand and official seal in the county and state last aforesaid this 41 day of January, 2018.
Sandra L. Fusinetti, Notary Public
My Commission expires February 13, 2020.
LDCA:6
16.A.6. b
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POWER OF ATTORNEY
Lx- 316981
Lexon Insurance Company
I 16.A.6.b I
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office
Louisville, Kentucky, does hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Mart
Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah Neichter, Theresa Pickerr(
Sheryon Quinn, Beth Frymire, Leigh McCarthy, Michael Dix its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, ai
on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURAN(
COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or oth
person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or oth
writings obligatory in nature of a bond not to exceed $5,000,000.00, Five Million dollars, which the Company might execute through its dt
elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as bindii
upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -I
Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorn,
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any su,
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any su,
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attache
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corpora
Seal to be affixed this 5th day of August, 2015.
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and s
that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that I
executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
AMY TAYLOR
Notary Public- State of Tennessee BY
Davidson County Amy ylOr
My Commission Exoires 07-08-19 Nota Amy
PUbIiC
CERTIFICATE
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIF
that the original Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and t1
resolutions as set forth are now in force.
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Signed and Seal at Mount Juliet, Tennessee this I Day of SL 201
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SEAL BY "
Andrew Smith
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance
claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto,
commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
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