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Agenda 07/09/2019 Item #16A 9 (Performance Bond Release Brentwood Lakes)07/09/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $53,680 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180002422) for work associated with Brentwood Lakes. _____________________________________________________________________________________ OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities admi nistratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected, and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for Brentwood Lakes - Plat One PPL, (PL20180001880). On May 28, 2019, the PPL was approved by the Board of County Commissioners and the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 Cash Bond in the amount of $53,680. Development Review 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.9 Packet Pg. 401 07/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 9214 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $53,680 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180002422) for work associated with Brentwood Lakes. Meeting Date: 07/09/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 06/04/2019 10:43 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/04/2019 10:43 AM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 06/04/2019 1:33 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/04/2019 3:27 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 06/07/2019 11:08 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/07/2019 12:35 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/07/2019 5:00 PM Growth Management Department Matthew McLean Additional Reviewer Completed 06/10/2019 3:28 PM Growth Management Department James C French Deputy Department Head Review Completed 06/12/2019 5:53 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 06/13/2019 12:12 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 06/18/2019 2:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/18/2019 4:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/19/2019 8:19 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/20/2019 7:38 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/25/2019 1:47 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM 16.A.9 Packet Pg. 402 BRENTWOOD LAKES (FKA TWIN EAGLES SOUTH) LOCATION MAP 16.A.9.a Packet Pg. 403 Attachment: Location Map (9214 : Bond Release for EWA - Brentwood Lakes) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this otr) da yof , 2019, between Naples Associates lV, LLLP, a Florida limited liability limited rtnersh i hereinafter referred to as "Developer," and the Board of County Commissioners of lrr pa p, Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01 .02.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulatrons and Early Work Authorization Permit No. PL20180OO2422 (the "Early Work 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 Early Work Regulations and the Early Work Permit (the "Early Work"). ln the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early 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 Early Work. The Developer, as principal under the early 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 1 2 3 4 5 6 Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $53.680.00. 16.A.9.b Packet Pg. 404 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes) 7 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 Developer have executed by their duly authorized representatives lhis Zo^ SIGNED IN THE PRESENCE OF Naples Associates lV, LLLP, a Florida limited liability limited partnership By: Na les lV Corporation, a Florida co ration eneral rtne rits N ala ne ndez,S ide Board of County Commissioners of Collier Co Florida caused this Agreement to be day of lab ,2019 Sig n Printed Name r e./ Slo Lo r-/Byt Sign &\r ,.o.,.- (]BZ ( Printed Name ATTEST: Crystal K. Kinzel, CLERK 714"1-- 4 as designee of the County Manager pursuant to Resolution No. 2015-162 B v Appr dasto orm and legality Scott A Stone Assistant County Attorney By: Clerk of the Circuit Court & Comptroller Collier County, Florida 16.A.9.b Packet Pg. 405 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes) €vh;b;I "A Bond No.: 9642'19933 KNOW ALL MEN BY THESE PRESENTS: that Naples Associates lV, LLLP 1600 Sawgrass Corporate Parkway, Suite 400 Sunrise, BL 33323 (hereinafter referred to as "Owner") and Liberty Mutual lnsurance Company l7-5 Berkley Street Boston, MA 02116 (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 Fifty Three Thousand Six Hundred Eighty and no/'l00 Dollars ($53,680.00) in lavdul money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, adminstators, successors and assigns, lointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. PERFORMANCE BOND FOR EARLY WORK AUTHORIZATIONS THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain Early Work Authorization Permit No. P120180002422 and thal certain Early Work Authorization 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 is executed and shall continue until the completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change in 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 specifi c improvements. 16.A.9.b Packet Pg. 406 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes) \ Witnesses: Printed Naples Associates lV, LLLP by: Naples lV Corporation, its General Partner (corporate Seal) AsALcq 9tau v ,/tr/'N. Maria Menendez, Vice President Printed Name: ! fr\54'''- g'flZ/rft7 Printed Name/Title (Provide Proper Evidence of Authority) ACKNOWLEDGEMENT STATE OF COUNTY -THE FOREGOING PERFORMANCE tQh-,2019, BY N. Maria Menendez ft*t-*..- S-f=. Jr,- ME rHrs 4 oo" RSONALLY KNOWN io*er lU. L&P Kt ED BEFORE WHO IS PE OF AS ME, OR HAS PRODUCED _AS IDENTIFICATION Notary Public - State of Florida Printed Name: WITNESSES: Printed Name:q,S TO (sEAL) (Corporat q Sgal) \(.,. .1,.i, , .,, Kevn R. Wojtowicz, Attorney-ln-Fact afld nt Printed name/Title Printed Nam ACKNOWLEDGMENT STATE OF Florida COUNTY OF Pinellas THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 31St DAY OF January, 2019, BY Kevin R. Woitowicz AS Attornev-in-Fact OF Libertv Mutual lnsurance Companv WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED N/A AS IDENTIFICATION. Notary Public - State of Florida IrrclnET ASCIrJt:ffiloilrc6ila ODEilov. rAte0 EENETTUII,ITIOMlrIY K, HINIGR.TTJIY MY C0UMI$SIoI{ r FF 800459 glPtqi$; Juty 13, 20t9 Bonded rrrn llotay Publc Undilftat (sEAL) -llu - -Tptfu/t' h 16.A.9.b Packet Pg. 407 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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. Certificate No. 7058s99 American Fire and Casualty Company Liberty Mutual lnsurance Company The Ohio Casualty lnsurance Company WestAmerican lnsurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty lnsurance Company are corporalions duly organized under the laws of and annoint Edward M. Clark: Laura D. Mosholder all of the city of Sanford , state of FL each individually if there be more lhan one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. lN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed 201 5theretothis 16th dayof July American Fire and Casualty Company The Ohio Casualty lnsurance Company Liberty Mutual lnsurance Company West lnsurance Company By: STATE OF PENNSYLVANIA SS COUNTY OF MONTGOMERY David M.Secretary On this 16th day of July 2015 , [sfe1s me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual lnsurance Company, The Ohio Casualty lnsurance Company, and West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. lN WITNESS WHEREOF, I have hereunto subscribed and affixed my notarial seal at Plymouth Meeting, Pennsylvania, OF PENNSYLVANIA By: Teresa Pastella, Notary Public Member, Pennsylvania of Notaries This Power ofAttorney is made and executed pursuant to authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company which resolutions are now in full force and effect reading as follows: powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to afach thereto the seal of the Corporation. When so the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the otficer or officers granting such power or authority. executed such instruments shall be as binding as if signed by the president and attested by the secretary. fact as may be necessary to act on behalf of the Company to make, execule, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Company, wherever appearing upon a certifed copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding'upon the Company with the same force and effect as though manually affixed. on the day and year first above written. D,*, l,fr//- tt1!r l, Gregory W. Davenport, the undersigned, Assistant Secretary ofAmerican Fire and Casualty Company, The Ohro Casualty West American lnsurance Company do hereby certify that the original power of atlorney of which the foregoing is a full, true and Companies, is in full force and effect and has not been revoked. lll TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this and by said .{ 'n rll 1 906 to 1912 \l.i s 1 991 o J IE E p oo o o (! oo o o (! ooo G ct J o at otr at E'I(ll E') o E Notarial Seal Tsresa Pastella. Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28. 2017 =o(!.OE afr EEocLts E+ut!og =(!otro.E .9059;s,oc}E EE Et eg!N -@FN Efioo(J-o9 ooo .Eo =lt 1 906 191 2 1 991 LMS_1 2873_1 2201 3 3l $ aryor By: Gregory 1 90 of 200 1919 1919 16.A.9.b Packet Pg. 408 Attachment: Bond Basis (9214 : Bond Release for EWA - Brentwood Lakes)