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Agenda 09/10/2019 Item #16A14 (Abaco Pointe Perfromance Bond)09/10/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180001531) for work associated with Abaco Pointe (F.K.A. 951 Villas). _____________________________________________________________________________________ OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively 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 Abaco Pointe (F.K.A. 951 Villas) PPL, (PL20180001040). On March 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 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 Cash Bond in the amount o f $59,500. 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.14 Packet Pg. 563 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doc ID: 9601 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20180001531) for work associated with Abaco Pointe (F.K.A. 951 Villas). Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/12/2019 4:22 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/12/2019 4:22 PM Approved By: Review: Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/12/2019 5:09 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/16/2019 9:41 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:23 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/17/2019 9:46 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:57 PM Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:17 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:06 PM Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:13 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:29 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:02 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:21 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:41 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:29 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM 16.A.14 Packet Pg. 564 ABACO POINTE (F.K.A. 951 VILLAS) LOCATION MAP 16.A.14.a Packet Pg. 565 Attachment: Location Map (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) EARLY WORK PERFORMANCE AGREEIMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 5r day of Ara,tl-', 2018, between Toll FL Xlll Limited Partnershio hereinafter referred to as "Develop er," and the Board of County Commissioners of 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 Regulations and Early Work Authorization Permit No. P120180001531 (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. 1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $59,500.00. 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 writrng 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 2 4 6 5 16.A.14.b Packet Pg. 566 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) 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. TOLL FL XIII LIMITED PARTNERSHIP lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this 5l s' day of AuJr,s t ,2018 SIGNED IN THE PRESENCE OF Sign: Printed Name Printed Name ATTEST Crystal K. Kinzet,CLERK Clerli {z Printed Name/Title l/-,; &v-- (President, VP, orCEO) {n. .ttn lc.s,bla*k Provide Proper Evidence of Authority) BOARD OF COLTNTY COMMISSIONERS OF By: COUNTY, FLORIDA as designee of the County Manager pursuant to Resolution No. 2015-162 By: Approvefl as toform and legality --_{J--- ,(ffi Assistant County Attorney {^^*fq*x"I 16.A.14.b Packet Pg. 567 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) BOND NO, SUl 152794 KNOW ALL PERSONS BY THESE PRESENTS: that TOLL FL XIII LIMITED PARTNERSHIP 24201 WALDEN CENTER DR, #204, BONITA SPRINGS, FL341U (hereinafter referred to as "Ownei') and ESSES TOLL FL XIII LIMITED PARTNERSHIP BY: TOLL SOUTHEAST LP COMPANY, lNC., Printed N ame @tE"-a Delaware corporalion General Partner i. ted Name Ma u 7 By: Name: Titte: s..r.... 116 fi.dM PERFORNIANCE BOND FOR EARLY WORK AUTHORIZATIONS ARCH INSURANCE COMPANY 3 PARKWAY SUITE ,I5OO PHILADELPHIA. PA 19102 (215)-606-1650 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the tolal aggregate sum of Fiftv-Nine Thousand. Five Hundred Dollars and Zero Cents ($59108!Q) in lalvful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administralors, 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 Early Work Authorization Permit No. PL20180001531 and thal ce(ain Early Work Aulhorization shall include specific improvemenls 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 specilic improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as a 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, lruly and faithtully perform its obligations and duties in accordance with the Land Developmenl Regulations during the guaranty period established by the County, and the Owner shall satisry all claims and demands incuned and shall fully indemnify and save harmless the County from and againsl all costs and damages which it may suffer by reason of Owneas 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 effecl. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulales 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 nolice 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 aulomatically and immediately, without formal and separate amendments hereto, so as lo bind the Owner and the Surety to lhe 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 whalsoever. ^lNrr'r'lTNESS WHqFEOF.,the parties hereto have caused this PERFOR[4ANCE BOND to be executed thisa, f ') day ot ,tqltf , 2018 . I 16.A.14.b Packet Pg. 568 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) STATE OF F\ar,l,, COUNry OF L<-Q E FOREGOING PERFO 201 BY R HAS CED Notary Public - State of 1-\.af lA -, ACKNOWLEDGEMENT B D (NAME OF AC OF TOLL FL XIII LIMITED PARTNERSHIP WHO IS AS IDENTIFICATION. ACKNoWLEDGED BEFoRE ME rHrs A7H"OF AS (sEAL) WITNESSES:ARCH I MPANY Lois E. Eshleman - Witness Printed Name Daniel P. Dunigan, Attorney-in-Fact Printed Name/Title (Provide Proper Evidence of Authority) Kelly, Printed Name ACKNOWLEDGMENT STATE OF PA COUNTY OF CHESTER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 22 ND DAY OF AUGUST, 2018, BY DANIEL P. DUNIGAN AS ATTORNEY-IN-FACT OF ARCH INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME. Notary Public - State of Pennsylvania OF NOTARIAL sEA! ARI"ENE 05TR0FF, Notary pubilc W_lltlstown Townshlp, Chester County My Commlslon Explres December 3, 2020 (sEAL) Printed Name - Arlene Ostroff rJ !:,.t' l! IHERES^A"MI.LOY -__lI MY coMMtsstoN r FF 93e2gs ll EXPTRES: March 22,2020 ll8onffi Tho l.,toEypuU*Unannm ll 16.A.14.b Packet Pg. 569 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) Arc 0000244809 THIS POWER OF ATTORNEY'S 'VOT VALID UNLESS 'T'S PRINTED ON BLUE BACKGROUND. This Power of Attorney timits the acts of those named herein, and they have no authority to bind the Company excePt in the manner @ to the extent herein staled. Not valid for Note, Loan, Letter af Credit, Currency Rate, lnterest Rate or Resldential Value Guaraitees. POWER OF ATTORNEY Know All Persons By These Presents: :: That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Brian C. Block, Daniel P. Dunigan, James L. Hahn, Joseph W. Kolok, Jr., Richard J. Decker and William F. Simkiss of Paoli, PA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninetv Million Dollars ($90,000.000.00). This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15,2011 , true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of pro@ss." This power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15' 2011:. VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15,2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00M10013 00 03 03 il Page 1 of 2 Printed in U.S.A. E 16.A.14.b Packet Pg. 570 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) Atc 0000244809 ln Testimony whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 2nd day of Mav, 2018. Attested and Certified Arch lnsurance ComPanY Patrick K., Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS purposes therein set forth M.Executive Vice President Itt k*!r'f** .t; l, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose nur"r ,r" respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a Corporation organized and existing under the laws of the Statsof Missouri, subscribed to the foregoing instrument, appeared before me this day in perion and severally icknowledged that they being thereunto duly authorized sign-ed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of siiO corporation and as their own free and voluntary acts for the uses and i, Notary Publi My expires 07/31 CERTIFICATION l, patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Mav 2, 2018 on behalf of the person(s) is listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full foice and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch lnsurance Company. lN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch lnsurance Company on this22Nn day of AUGUST , 20 18 . Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM ]NQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch lnsurance - Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 r,t fflJ*trf sEll. t97l Ifutond THFODT,t Klfitr 0l HOtr$& gfi*[ til.rfn,firYf 'tAf,rufl lfur**d 00M10013 00 03 03 hge2ol2 Printed in U.S.A. 16.A.14.b Packet Pg. 571 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas)) ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION DECEMBER 31 ,2017 Assets Cash in Banks Bonds owned Stocks Premiums in course of collection Accrued interest and other assets TotalAssets Liabilities Reserve for losses and adjustment expenses Reserve for unearned premiums Ceded reinsurance premiums payable Amounts withheld or retained by company for account of others Reserve for taxes, expenses and other liabilities Total Liabilities Surplus as regards policyholders Total Surplus and Liabilities By:Attest: r Vice President, Chief Senior Vice President, General Counsel and Secretary $ t+t,6s4,914 $ 2,483,719,500 $ 446,092,98s $ 377,197JsZ $ 472,600,616 $ 3,921,865,167 401,697,196 363,948,898 1,449,246,931 214,539,977 562,652,882 2,992,085,794 929,779,383 $ 3,e21,865J 67 $ $ $ $ q Financial Officer and Treasurer State of New.Jersey ) County of Hudson ;) SS Thomas James Ahern, Senior Vice President, Chief Financial Officer and Treasurer and Patrick Kenneth Nails, Senior Vice President, General Counsel and Secretary being duly of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31 ,2017 . sworn, ,& Subscribed and sworn to before me, this 5' day of March, 2018 MARY E. KEATII.IG TSTARY PtHjC tr F'EWJffiSY tD f 9449028 ** ftrrnfodm FqJrE$ g/k?l $ Notary Pubtic t t -61 16.A.14.b Packet Pg. 572 Attachment: Bond Basis (9601 : Bond Release for EWA - Abaco Pointe (F.K.A. 951 Villas))