Agenda 07/09/2019 Item #16A 8 (Performance Bond Release Hadley Place West)07/09/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$82,500 which was posted as a guaranty for Excavation Permit Number 60.156, PL20170001525 for
work associated with Hadley Place West.
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 Hadley Place West. 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 $82,500. 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. Bond Basis (PDF)
2. Location Map (PDF)
16.A.8
Packet Pg. 392
07/09/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 9179
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $82,500 which was posted as a guaranty for Excavation Permit Number 60.156,
PL20170001525 for work associated with Hadley Place West.
Meeting Date: 07/09/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/31/2019 11:17 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
05/31/2019 11:17 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 05/31/2019 12:05 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/03/2019 9:59 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 11:42 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/07/2019 12:35 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/10/2019 8:02 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/11/2019 10:57 AM
Growth Management Department James C French Deputy Department Head Review Completed 06/12/2019 5:51 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/13/2019 12:10 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/18/2019 2:59 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:15 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 7:57 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:53 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
16.A.8
Packet Pg. 393
EXCAVATION PERFORMANCE AGREEIVIENT
THIS EXCAVATION PERFORMANCE AGREEIVIENT entered into this 1q day of
December 20fZ between D.R. Horton. lnc here nafter 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. 60.156 (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 followsi
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 hereoO in the amount of $921q0.89.
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, repairand maintenance ofthe ExcavationWork. 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 completion of such
1
2
3
5
6
4.
ln the event of default by Deveoper 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 ofthe 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)
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 l\ranager's approval of the Excavation Work.
16.A.8.a
Packet Pg. 394 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
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.
lN WITNESS WHEREOF, the Board and be
executed by their duly authorized representatives this
SIGNED IN THE PRESENCE OF
7
Sign:
h
Printed
C, " ".tl
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
as to form and legality:
Scott A. Stone
Assistant Cou nty Attorney
, V.P.
BOARD OF COUNTY COMMISSIONERS
OF COLINTY, FLOzuDA
la
as designee of the County Manager
pursuant to Resolution No. 20 I 5- I 62
l\'t{ lluLzqn
(Name of
16.A.8.a
Packet Pg. 395 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
Lln,b, + '' A
BondNo. i054880 PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
D.R. Horton, Inc.
10541 Ben C. Pratt Six Mile Cypress Parkway, Suite 100, Fort Myers, FL 33966
(hereinafter referred to as "Owner") and
The Hanover Insurance Company
440 Lincoln Street, Worcester, MA 01653-0002, PH: 508-853-7200
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum 61 **Eighty-Two Dollars ($ 8Z.SOO.OO ) 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 prurar, as the conte*t ,-.-q#rTo"r.*rd
Five Hundred and 00i 100
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no.60.156 Place West _ 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 n of any character whatsoever,
lN WITNESS WHEREOF, the parties VE this PERFORMANCE Dtobe
executed this 20th day of 2017
WITNESSES:(Owner Name nd Title if
D.R.
Name Clnr\rlOt 6.&Tlt:n
Printed Namefl-itle du\fffurr\ [t br*erPs+, V' P'
Printed Name lrtl*nntJsr/r,":lt{ '(Provide Proper Evidence of Authority)
)
16.A.8.a
Packet Pg. 396 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
Ii
STATE OF
COUNTY OF
IS PERSONALLY
Notary Public - State of tu
ACKNOWLEDGEMENT
CE BOND WAS ACKNOWLEDG ED BEFORE ME THIS ZAAV OT
M. ftntcccr5t AS v, P. oF D" 2. tirt:.cjtti l^("
oN.TOM E, OR HAS PRODUCED AS IDENTIFICATI
(sEAL)
ARIEL DE CARDENAS
MY COMMISSION #FF1 441 69
EXPIRES JulY 22,2014
398-01 s3
The Hanover Insurance Company
(Surety Name and Title if Corporation)
By
Ginem, Attomey-in-fact and
Florida Licensed Resident Agent
L lY
Printed Name
WITNESSES
h/M htl-
Gloria Robb
Printed Name
Anett Cardinale
Printed Name
c/o Willis of Florida, lnc.
4211 W. Boy Scout Blvd., Ste. 10fi!
Tampa, FL 33607
lnquiries: (813) 281.2095
ACKNOWLEDGMENT
STATE 6p Florida
COUNTY OF Hillsborouch
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2Oth P4Y gP
September , 2O_)l_, BY MargaretA. Ginem nS Sitoglev-OF *** COUenruV;
WHO IS PERSONALLY KNOWN TO ME,ORISAS>ERG&UGED known AS IDENTIFICATION
Notary Public - state of Florida **'<The Hanover lnsurance Company
(sEAL)
Eileen C. Heard
Printed Name
I 4-ErS-02650/7
tl.".r-l
20 t1 ,BY
\)
Printed Name/Title
(Provide Proper Evidence of Authority)
16.A.8.a
Packet Pg. 397 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in
the manner and to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations
organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of Michigan, (hereinafter individually and collectively the "Company") does
hereby constitute and appoint,
Anett Cardinale, David H. Carr, Margaret A. Ginem, Eileen C. Heard and/or Brandy L. Baich
of Willis of Florida, !nc. of Tampa, FL each individually, if there be more than one named, as its true and laMul attorney(s)-in-fact to
sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and
all surety bonds, recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances,
undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly
signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of
attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the
extent of any limitation stated below:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said
Company, and said Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in con.junction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys-in-fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety,
any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with powerto
attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be binding upon lhe Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted
and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Companyto the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 - The Hanover lnsurance Company; Adopted April 14, 1982 - Massachusetts Bay lnsurance Company; Adopted
September 7,2OO1 - Citizens lnsurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by
two Vice Presidents, this 2nd day of Febru ary,2016.
TltE |aAnovER tttsuRANcE COtapA{y
TASSACHUS€TT$ BAY }HSUEANCE COi'PANYcrTzEilSllsuRAr{cE toMPANy oF AMERTCA
-{&rg;,.-Rob<n -Ihpqa Ui(s Pr.rieics{
THE HAilOVq ISUR$CE CdPAiY
THE COMMONWEALTH OF MASSACHUSETTS )COUNryOFWORCESTER ) ss
Dintle J
nr.n.
:\.rnD Pilhli.
Exi>irs )*l!ruh 3, l{r::
l, the undersigned Vice President of
Company of America, hereby certify
by said Companies, and do hereby
Bay
assachuset:.,t
and Citizens lnsurance
of Attorney issued
GIVEN under my hand and the seals of said Companies, at Worcester, M 2oth day mber, 2017
Theudore S.
$"
lNCffi-..t
CERTIFIED COPY
this
I
On this 2nd 2015 before me came the above named Vice Presidents
said Corporations.
The
and that the
16.A.8.a
Packet Pg. 398 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)Pr2016000262E
t,(tifle, if
5. We/l authorize RwA. rnc to act as our/my representative
'Notes:. lf the applicant E a corpontion, then it is usually executed by the corp. pres. or v. pres.
. ff the applicant is a Limited Liabilry Company (L.L.C.) or Linited Company (L.C.), then the documents should
Upica y be signed by the Company's "Managing Member.". ff the applicant is a paftnership, then typically a partner can sign on behalf of the paftnership.
. lt the applicant is a limited pafinership, then the general parTner must sign and be identitied as the "general
paftnef ol the named padnership.
. lf the applicant is a trust, then they must include the trustee's name and the words 'as fruslee".
instance,the applicant's status, e.9., indvidual, corporate, trust, paftnership, and then
lare that I have read the foregoing Affidavit of Authorization and that
4,tt. tz
re Date
STATE OF FLO
COUNTY OF COLLIER
Th fo e was sworn to (or affirmed) and subscribed before me on y'.n.tz (date) by
(name of person providing oath or affirmation), as
(print name),aS Division President
who is ersonal k to or who has produced
(type of identification) as identification.
STAIII P/S EAL
alties of periury, I
stated in it are tr
format
lGACllt lGlFJ g(
MY C0ti,{SS1Chl, FF 21A45
EXPIRES: iradr A, Ai9
8.nn dTtnu cry Pule Und.lriBs
cn08-coA-00r r5\lss
REv 3,2.r/11
Si ubl
applicable) of o.R. H.do", r"". (company, lf applicable), swear or affirm
under oath, tt' purctraierl--'lanO ttra:t:
1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code,
2. All answers to the questions in this application and any sketches, data or other supplementary matter
attached hereto and made a part of this application are honest and true,3. I have authorized the statf of Collier County to enter upon the property duling normal working hours
for the purpose of investigating and evaluating the request made through this application; and thal
4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and
restrictions imposed by the approved action.
in any matters regarding this petilion including 1 through 2 above.
the
. ln each
use the
Under
that ownership.
16.A.8.a
Packet Pg. 399 Attachment: Bond Basis (9179 : Excavation Bond Release - Hadley Place West)
HADLEY PLACE WEST
LOCATION MAP
16.A.8.b
Packet Pg. 400 Attachment: Location Map (9179 : Excavation Bond Release - Hadley Place West)