Agenda 04/09/2019 Item #16A504/09/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$68,477 which was posted as a guaranty for Excavation Permit Number PL20170004286 for work
associated with White Lake Corporate Park Lot 1A.
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 White Lake Corporate Park Lot 1A. 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 $68,477. 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.5
Packet Pg. 686
04/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 8224
Item Summary: Recommendation to authorize the Clerk of Courts to release a Perfor mance Bond
in the amount of $68,477 which was posted as a guaranty for Excavation Permit Number PL20170004286
for work associated with White Lake Corporate Park Lot 1A.
Meeting Date: 04/09/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/01/2019 8:31 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/01/2019 8:31 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/01/2019 10:05 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/01/2019 3:22 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/06/2019 2:35 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/07/2019 3:55 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/11/2019 12:55 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/12/2019 9:17 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/13/2019 2:12 PM
Growth Management Department James C French Deputy Department Head Review Completed 03/14/2019 7:17 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/15/2019 9:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2019 9:11 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 03/15/2019 9:57 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 03/21/2019 9:46 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/01/2019 4:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM
16.A.5
Packet Pg. 687
WHITE LAKE CORPORATE PARK LOT 1A
LOCATION MAP
16.A.5.a
Packet Pg. 688 Attachment: Location Map (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 29th day of
January, 2018 between Titan Florida, 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 al. 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. PL20170004286 (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:
1.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 $68,477.00.
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,
the Excavation Work. The Developer, as principal under the excavation
performance security, shall be liable to pay and to indemnify the Board, upon
16.A.5.b
Packet Pg. 689 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this · 'I"' day of T Mu t::j , 2018.
SIGNED IN THE PRESENCE OF:
�
�°fn?e"cfN��y
Sign#�
'K,.Sjen•I L,.�IA:KJ<..
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By: _____ _
Deputy Clerk
as to form and legality:
Scott A. Stone
Assistant County Attorney
Tita
"!ifj��
By: '.).,A-,. l I
William Kissel / Senior Environmental Manager
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By �f-' g/4J8
as designee of the County Manager
pursuant to Resolution No. 2015-162
16.A.5.b
Packet Pg. 690 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
€tllo,+"A
tz=q37'il
b. The Performance Bond for Excavation Work shall be substantially as follows
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Titan Florida LLC
455 Fairway Drive, Ste 200
Deerfield Beach, FL 33441
(hereinafter referred to as "Owner") and
Fidelity and Deposit Company of Maryland
1299 Zurich Way
Schaumburg, lL 60196-1056
(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 Sixty-Eight Thousand Four
Hundred and Seventy-Seven Dollars ($68,477) 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. PL20'170004286 and that certain
excavation permit shall include specific improvements which are required by Collier County
Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation ofthe
Surety shall commence on the date this Bond as 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 shallwell, truly and faithfully perform its obligations and
duties in accordance with the Land Development Regulations during the guaranty peraod
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 specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice
16.A.5.b
Packet Pg. 691 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
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
to be executed this - 1r"- day of
-_-WITNESSES:
Name'.5aa7rc l* u. (|on;s
parties hereto have caused this PERFORMANCE BOND'-rT^* r .20 l?
Titan Florida LLC
By:
ACKNOWLEDGEMENT
Iar",Fn (,Ffer\ t V l, C-' t (,*,r)
,a
P
TH
OF
p Lx sr.<-S**0or
rinted Name:
srArE or I li5;l a-
e$fuoFnor(JL
OING PERFORMANCE BOND WAS KN
2ol8 ,BY
LLC WHO I RSONALL TO ME,
IDENTIFICATION
Notary Public - State or..j.]rf6jnrr---.."'i',.'ililil3',,-
-" s")'* oi o;v "'!..o+tz
-'\.' -'^-rodA Il '.i :5t"u"i,ii'il,oN:<:-:
.-., i.t"' ""'yprnes j -a :
TJ* .![,]^1. "€.s',79w:;;,'i*o1].s'rrrri'r'".,,,rr'
rinted Name rei (.
AS
BEFORE ME
AS
16.A.5.b
Packet Pg. 692 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
WITNESSES
Name Tacye /;,,e lrr. Har. i t
Jah^sic ),&rt
Name
r Uircin,c*
or nxfa/K
Fidelity
ACKNOWLEDGEMENT
pany of Maryland
E ME THIS 2'r'T/NV
(TTTLE) OF (NAME OF
AS
(sEAL)
H n-Fact
STATE Oci.l-
G€U|}{+Y
TH
OF
EGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFOR
IS
IDENTIFICATION.
Notary Public - State of , '1.
Lrtrc r nd-u
rinted Name (aw,*-.':*"*'t'iii;',
isi'-".'fi:'t:ili =i? : rrrtV C_u,t'|,'oes ..t F -:t-cA\.. E\l'nozt ..t.q-t j,4r:*a;;
16.A.5.b
Packet Pg. 693 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURBTY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
DAVID MCVICKER, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Hunter FALK, of Norfolk, Virginia, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and
deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or
undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York, New York., the regularly elected offrcers of the COLONIAI AMERICAN CASUAITY AND SURETY COMPANY
at its office in Owings Mills, Maryland., and the regularly elected offrcers of the FIDELITY AND DDPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certi$, that the extract set forth on the reverse side hereof is a true copy ofArticle V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SLIRETY CONIPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 4th day of January, A.D. 2018.
ATTEST:
ZURICH ANIERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND STIRETY COMPANY
FIDELITY AND DEPOSIT'COMPANY OF IIIARYLAND
I LJ 4{/A.
I
I
a)
'{,
qvt
Assistant Secretary
Dawn E. Brown
Vice President
David McVicker
State of MarylandFOR YOUR PROTECTION,
County of Baltimore LOOK FOR THE ZURICH WATERMARK
On this 4th day of January, A.D. 2018, before the subscriber, a Notary Pubiic of the State of Maryland, duly commissioned and qualified, DAVID
MCVICKER, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that
he/she is the said offlcer ofthe Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat the day and year first above written.
/1 i-\l-cr^.f*.2(J L*Jw'
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
SEAL
1@
POA-F 176-2890
llt
16.A.5.b
Packet Pg. 694 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. I'he Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify ofrevoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certifr that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do lurther certifl that Article V, Section 8, of
the By-Laws of the Companies is stilt in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICI{ AMERICAN INSURANCE COMPANY at a meeting duly catled and held on the l5th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the follorving resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the lOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
ofany Vice-President, Secretary, or Assistant Secretary ofthe Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and elfect
as though manually affixed.
WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this o1'20&
fijr {J-j
Michael Bond, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUTRED
INFORMATION TO:
Zwich American lnsurance Co
Attn: Surety Claims
1299 ZwichWay
Schaumburg, IL 601 96-1056
190E
EEALtrt
16.A.5.b
Packet Pg. 695 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
3t20t2018 Detail by Entity Name
Drvtsrott op Conponltrons
\
al'/,
j,r.,e4i.Org
#
l)tvtisti ai
lU:*rti,t\'!!r_tt t)
utt ,riitr ut! .lttttlt r$ I'ktrukt *tit ^t!t
QepartmslpLStale / Division of Corpqi{iqtg / Search Records / Detail By_Dggg4neOLIU11heI /
Detail by Entity Name
Foreign Limited Liability Company
TITAN FLORIDA LLC
Filing lnformation
Document Number M01000001507
FEI/EIN Number 51-0405873
Date Filed 0710912001
State DE
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 0113012014
Event Effective Date NONE
Principallkle[es!
1151 AZALEA GARDEN RD.
NORFOLK, VA23502
Mailing Address
1151 AZALEA GARDEN RD.
NORFOLK, VA23502
Registered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301 -2525
Authorized Person(s) Detail
Name & Address
Title CEO
Zarkalis, Vassilios
1151 AZALEA GARDEN ROAD
NORFOLK, VA 23502
Title VP, General Counsel and Secretary
Rafferty, Jennifer M
1151 AZALEA GARDEN ROAD
NORFOLK, VA23502
Title VP, CFO
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=TlTANFLO... 113
16.A.5.b
Packet Pg. 696 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
3t2012018 Detail by Entity Name
WILT, JR., LAWRENCE H
1151 AZALEA GARDEN ROAD
NORFOLK, VA 23502
Title President
Title DIRECTOR OF TAX
FITTLER, KAREN V
1151 AZALEA GARDEN RD
NORFOLK, VA 23502
TitIE DIRECTOR OF FINANCE
BOHRER, JANE
1151 AZALEA GARDEN RD
NORFOLK, VA23502
Title ASSISTANT SECRETARY
Peterson, Carl J.
1151 AZALEA GARDEN RD
NORFOLK, VA 23502
Title Senior Vice President
Reed. Walter
1151 AZALEA GARDEN RD
NORFOLK, VA 23502
Title VP
Brown, Steven W
1151 AZALEA GARDEN RD
NORFOLK. VA 23502
Title Senior Vice President
Pantazopoulos, George
1151 AZALEA GARDEN RD
NORFOLK, VA 23502
Tille Chief Legal Counsel
Christy, John W
1,151 AZALEA GARDEN RD.
NORFOLK, VA 23502
Dunlap, Randy P
1151 AZALEA GARDEN RD
NORFOLK, VA 23502
htp://search sunbrz.org/lnquiry/corporationsearch/searchResultDetail?inquirytype=EntityName&directionlype=lnitial&searchNameorder=TITANFLo
2t3
16.A.5.b
Packet Pg. 697 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)
a TT'TANANtrER.rcA
lSlt ldwrY Dr{r
!t!ft.200
D..rndd 8...n' FL 3It6
S€,pt€mber 25, 2017
Regulatory Ageocies (FDEP and any others)
Vsrdors
Consultants, and those similr
Der Sir/1\ifadam,
This letter authorizes the signature of Mr, William Ki$el, Sr. Eovirosnental Mmagc(, for Titstr
Florida LLC, as Auttrorizcd Rcprcsentativc for the purposes of pcrmit ryplicafioos (Including
brnHing permits), modifications, raewals, etc. rogarding gov€rmeatal mafi€s fo( facilities
owaed operated or conholled by Titan Amcrica Ll,C q Titan Florida Il.,tC.
Regards,
President
STATE OF FLORIDA
COTJNTY OF Ero.^rr rd
Tbe foragoing instrr.rment was aclnowlerlged beforc mc this 37 day of
2017, by Randy Drmlap, Presideat Tftao florida LI,C.
ot8ry
v
#l.ollh*$rdh,U
Gdnr Elr{
l.'cotr.ttLEi E rI'lO
E*! otllltlotr
My commission cxpires t -tL- t1
Re: LetterofAuthorlzedon
f
Jf
16.A.5.b
Packet Pg. 698 Attachment: Bond Basis (8224 : Excavation Bond Release - White Lake Corporate Park Lot 1A)