Agenda 06/11/2019 Item #16A20 (Excavation Permit PL20180000634)06/11/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$318,525 which was posted as a guaranty for Excavation Permit Number PL20180000634 for work
associated with Winding Cypress Phase 3.
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 Winding Cypress Phase 3. 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $318,525. 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.20
Packet Pg. 988
06/11/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 8833
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $318,525 which was posted as a guaranty for Excavation Permit Number
PL20180000634 for work associated with Winding Cypress Phase 3.
Meeting Date: 06/11/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/01/2019 10:57 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/01/2019 10:57 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/01/2019 2:52 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/03/2019 10:00 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 05/03/2019 2:21 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 05/08/2019 10:32 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/13/2019 3:17 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 05/13/2019 4:33 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/14/2019 6:30 PM
Growth Management Department James C French Deputy Department Head Review Completed 05/17/2019 5:36 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 05/28/2019 10:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/29/2019 7:56 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/31/2019 2:07 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/31/2019 2:30 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/03/2019 11:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM
16.A.20
Packet Pg. 989
WINDING CYPRESS PHASE 3
LOCATION MAP
16.A.20.a
Packet Pg. 990 Attachment: Location Map (8833 : Excavation Bond Release - Winding Cypress Phase 3)
EXCAVATION PERFOBMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 2'day ol
4a.t 20 t3 between DiVosta Homes,L.P. hereinafter referred to as "Developer,"
""dltG B""rd of County Commissioners oJ Collier County, Florida, hereinafter referred to as the
"Board".
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. PL20180000634 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the loregoing 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').
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount ol Three
Hundred Eighteen Thousand Five hundred and Twenty Five Dollars
($318,s25.00).
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 perlormance
security to insure satisfactory completion ol 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 sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, either:
a) notily Developer in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his reJusal to approve the Excavation Work, therewith
specifying those conditions which Developer must lulfill 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 excavalion performance security to secure satisfactory
completion, repair and maintenance ol the Excavation Work. The Board shall
have the right to construct and maintain, or cause to be constructed or
2
3
4
6
WHEREAS, Developer has applied {or an excavation permit in accordance with Section
22-106, et a/. ol the Collier County Code ol Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.1 0 (collectively, the "Excavation
Regulations"); and
16.A.20.b
Packet Pg. 991 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)
7
maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Excavation Work. The Developer, as principal under the excavation
pedormance 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.
DiVosta Homes, L.P
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives lhis Z'i -rday of ,a1a"1 -
, 20 /B ..______v-
SIGNED IN THE PRESENCE OF:
sion:/tt@u)nz flcnton
/),r,z'4/"r/1'*L-
Printed Name/Title '4'z/oz/ /"n' l"'^Pri Name
Signy
/vxi{' *req)
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
to form and legality:
Scott A. Stone
Assistant County Attorney
Director - Land Development (Southwest
Florida)
BOARD OF COUNTY COMMISSIONERS
OF
as designee of the County Manager
pursuant to Resolution No. 2015-162
16.A.20.b
Packet Pg. 992 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)
6yV,,b,* 4
PEBFORMANCE BOND
FOB EXCAVATION WORK
KNOW ALL PEFSONS BY THESE PRESENTS: that
Divosta Homes, L.P.
24311 Walden Center Suits 300
Bonita Springs, FL 34134
(hereinafter referred to as "owner') and BoND No' uso008379asu18A
*5"IISHIITTNSIIRANGE
cor{PAr{Y
ExtoE PA 19341, 800-327-1414
(hereinafter referred to as "Surety") are held and lirmly bound unto Collier County, Florida, (hereinafter
relerred to as 'Count/) in the total aggregate sum o, Thr6e Hundred Eighteen Thousand Five Hundred
and Twenty Five Dollars ($318,525.00) in lawlul money ol the United States, lor thB payment of which
sum well and truly to be made, we bind ourselvEs, our heirs, execulors, administrators, successors and
assigns, iointly and severally, lirmly by thesa presents, Owner and Surety are used ,or singular or plural,
as the contoxt requires.
THE CONOITION OF THIS OBLIGATION is such that whereas, the Owner has submitted lor approval by
the Board a certain excavation permit no. PL2018000O634 and thal cerlain sxcavalion permit shall
include specilic improvemenls which are requirsd by Collier County Ordinances and Resolulions
(hereinalter "Land DevBlopment Begulations'). This obligalion of the Sursly shall commence on lhe date
this Bond is executed and shall continue until the date of complelion ol the work and approval by the
County ol lhe spscilic improvemenls dascribed in the Land Developmsnt Regulations (hereinafter the
'Guaranly Period") or until replacBd by a new bond in the event ol a change ol Ownership.
NOW, THEREFOBE, il the Owner shall well, truly and railhfully pedorm its obligations and duties in
accordance with the Land Development Begulations during the guaranty period established by the
Counly, and lhe Owner shall satisfy all claims and demands incurrad and shall tully indamnify and save
harmless lhe County {rom and against all costs and damages which it may sutler by reason of Owner,s
lailura to do so, and shall reimburse and repay lhe County all outlay and expense which the County may
incur in making good any delaull, than lhis obligation shall be void, olherwise to remain in lull lorce and
ellect.
PBOVIDED, FUHTHEH, that the said Surety, for value raceived hereby, stipulates and agrees that
no change, exlension ol time, alteration, addition or del6tion to lhe proposed specilic improvements shall
in any way allect its obligalion on this Bond, and it does hereby waive notice of any such change,
exlension of time, altaration, addition or de16lion lo lhe proposed specilic improvements.
PROVIDED FURTHEB, lhat il is expressly agreed thal lhe Bond shall be deemed amended
automatically and imm6dialely, without lotmal and separate amendments hereto, so as lo bind the Owner
and the Surety to the full and faithlul pedormance in accordance with lhe Land Developmenl Begulations.
The term 'Amendment," wherever used in this Bond, and whether relerring lo this Bond, or other
documents shall include any alleralion, addition or modilication ol any character whatsoever.
115-rDs{1664/1153600/11
16.A.20.b
Packet Pg. 993 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)
lN WITNESS WHEREOF, the parties heroto have caused this PERFORMANCE BOND to be
sxecuted this llth day of ltav 2018.
WITNESSES:DiVo mes, L.P.
By:
,44rt1/q:'V
Printed Name::Iirlllcholas Sarrls
ACKNOWLEDGEMENT
Printed Name/Title cregory S. Rlves, Attornpy-ln .Pect
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
STATE OF GEORGIA
THE FOREGOI
t{ay
J.olas Sarrls
Prin Name
STATE OF crnpr:ra
COUNTY OF FI'LTON
Notary Pubtic - Stale ot GEORGIA
NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1IIOAY OF2o-18i-, BY D. Bryce Langen, vP &Treasurer, Divosta uonE, r.:p.
WHO IS PEBSONALLY KNOWN TO ME,OR HAS PRODUCED xnosn AS IDENTIFICATION.
Nolary Public - State of GEoRGIA
(SEAL)
,' Prinled Na e Shirley E. Eutchins XL SPECIALTY INSIIBANCE COI{PANY, a Delayare
(Surety N e and Title if Corporation)
corporatiorx
Ross Ripple
Printed Name
THE FOREGOING PEFIFORMANCE BOND WAS ACKNOWLEDGED EEFOHE ME THIS I IthDAY OFllay , 20 18, BY Gregory S. Rives, Attortrey-in-Fact ofin Specialty Insurance
WHO lS PEBSONALLY KNOWN TO ME, OR HAS PRODUCED known AS IDENT|F|CAT|ON. cotifianj''
Printed Name
l4.Ets.0165u7
Shirley.E. Eutchlns
SHIRLEY E HUTCHINS
Nolary Public - Stale o{ Geoeia
Fulton Counly
lvy Commission Erpires Mar 18,2022
SHIRTEY E HUTCHINS
Notrry Public - State of Georgia
Fullon County
My Commission Erpires Ma 18.2022
lr5. [os-or654/r153600/1]
(SEAL)
Printed Name: Ross Ripple
COUNTY OF FUEI()N
Printed Name/fitle D. Bryce r.-ngeE, VPf, Treasurer
WITNESSES:
,/hts.=
16.A.20.b
Packet Pg. 994 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)
XL CATLIN
\1L,\Power of Attorney
XL Specialty Insurance Company
XL Reansurance America Inc.
THIS IS NOT A BOND NUMBER
LIMITED POWER OF ATTORNEY
xL 1600062
(-)
Gregory Boal, VICE PRESIDENT
KI{OW ALL MEN BY THESE PRESEflTS: That XL Spelltty Insurance empany, a Dela$rare insurance companies with office=,,bcaH at 505
Eaghvierv Blvd,, Exton, PA 19341, and XL Reinsurance America IrE., a New York insurance company with offices located at 70 Seaview
Aventn, Sbmford, Cf 06902,, do hereby nomlnate, constitute, and appoint:
D. ary@ Largen, Erien O'nan, Ellen Padesky Dlaarren, Ctqwy S, Rires, ,hm6 Osowski, ,hmes Zcamer, Jean
,larusale Keily Y@l@m, ,Gilrt1ade brrloa tOil Hlll, Ra lrauln
each its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act ard
deed, where required, any and all bords ard undertakings in the nature thermf, , for tiE penal sum of no orle of which is in any event to
exceed $7,500,000.00.
Such bonds and urdertakirEs, wtEn duly executed by the aforesaid Attorney (s) - in - Fact shall b€ binding upon each said Company as
fully and to the same extent as if such bonds and undertakirEs were signed by the President and Secretary of the Company and sealed
with its mrporate seal.
The Power of Attorney is granted and is signed by Facsimile under ard by the authority of the following Resolutions adopted by the Eoard
of Directors of each of the Companies on the 26th day of July 2017.
RESOLVED, that Gary Kaplan, Daniel Riordan, Maria Duhart, Gregory Boal and Kevin Mirsch are hereby appoanted by the Board as authorized
to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings. contracts or obligations in surety or
co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to
attest the execution of any such bonds, undertakirEs. contracts or obligations in surety or co-surety and attach thereto tf€ corporate seal
of the Company.
RESOLVED, FURTHE& that Gary Kaplan, Daniel Riordan, Maria Duhart, Greqory Boal and Kevin Mirsch each is hereby authorized to execute
powers of attorney qualirying the attorney named in the given power of attorney to exerute, on behalf of the Company, bonds and
undertakings in surety or co-surety with others, ard that the Secretary or any Assistant Secretary of the Company be, and that each of
them is hereby authorized to attest the execution of any s(rh power of attorney, and to atbch thereto the corporate seal of the Company.
RESOLVED, FURTHE& that the signature of such officers named in the preceding resolutions ard the corporate seal of the Company may be
amxed to such powers of attorney or to any certificate relating thereto by facsimile, ard any such power of attorney or certificate bearing
such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking,
contract or obligation in surety or co-surety with others to which it is attached.
IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be lEreunto affixed, and these
presents to be signed by its duly authorized officers this April 10th, 2018.
XL SPECIALTY INSURAI{CE COMPANY
by:
d.7_/
6-;- txSTATE OF PENI'ISYLVAN]A
CC{.JNTY OF CHES]ER Attest:
Kevin M. Mirsch, ASSISTANT SECREIARY
On thjs 1fth day of April, 2018, b€fore me personally came Gregory Boal to me known, who, being duly sworn, did depose and say:
that he is vice President of xL SPECIALTY INSURANCE COMPANY, described in and which executed the above instrument; that he
knows tt€ seals of said Companies; that the seab amxed to the aforesaid instrument is such corporate seals and were amxed
thereto by order and authority of the Boards of Directors oF said Companies; and that he executed ttE said instrument by like
order.
--'t _
''.:--'
s80042
Rebecca C. Shalhoub, NOTARY PUBLIC
Chrrtcr
e.
16.A.20.b
Packet Pg. 995 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)
::::=: ::
-'i:
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kerin M. Mirsch, AssisGnt Secretary of XL SPECTALTY INSI.JRANCE COMPANY, a corporation of the State of Delaware, do hereby iert:ry ,
that the above ard fugoing is a full, true and correct copy of a Power of Attorney issud by said Cofilpanies, and that I have compared
s.rme with the original ard that it is a correct transcript therefrom and of the whole of the oriqinal and that the said Power of Attorney is
still in full force and effect ard has not been revoked.
IN WrNESS WHEREOF, I have hereunto set my hand and afnxd the seal of said Corporation, at the City of Exton, this _ day of
("-^-^- t'X
Kevin M. Mi6ch, ASSISTANT SECRETARY
IN WITNESS WHEREOF, XL REINSURANCE AMERICA INC. has caused its corporate seal to be hereunto affixed, and these presents to b€
signed by its duly authorized officers this 10th day of April, 2018.
XL REINSURANCE AII.IER,ICA INC.
by:
Attest:
q C
Gregrory Bcl, VICE PRESIDENT
srATE oF 'ENNS'LVANIA
Kevin M' Mirsch' ASSISTANTSE.RETARY
COUNTY OF CHESTER
On this 1fth day of April, 2018, before me personally came Gregory Boal to me known, who, being duly s,worn, did depose and say: t|at
he is Vice President of XL REINSURANCE AMERICA INC., described in and which executed ttle above instrument; that he knows the seal d
said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority
of the Board of Directors of said Corporation, and that he executed the said instrument by like order.
6^^- f'f
6-^* t'X
Rebe€ca C. Shalhoub, NOTARY PUBUC
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
I, Kevin M. Mirsch, Assistant Secretary of XL REINSLJRANCE AMERICA INC. a corporation of the SEte 4 l,lew York, do tEreby certify Sld
the person who executed this Power of Attorney, with the rights, respectively of XL REINSURANCE ef"fenfCl INC., do hereby certiry that
the abo/e and forgcing is a full, true and correct copy of a Power of Attorney issued by said Crrporation, ard that I ha\re comparcd sarne
with the original and that it is a correct transcript ttErefrom and of the whole original and that the sakJ Power of Attorney is still in full force
and effect and has not been revoked.
day ofI have hereunto set my hand ard amxed the seal of said Corporation, at the City of Exton, this tMIN WTNESS WHEREOf,(Y|"'l ALtrS .
Kevin M. MTs(h, ASSISTANT SECRETARY
This Power ofAttorney may not be used to execute any bond with an inception date 411012023 12:OO.1OAM
SEAL
Public
2E,
NOTARIAL
sB0042
Rcbcccr C.
16.A.20.b
Packet Pg. 996 Attachment: Bond Basis (8833 : Excavation Bond Release - Winding Cypress Phase 3)