Agenda 09/10/2019 Item #16A17 (The Crest at Naples Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$43,660 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170003429) for work associated with The Crest at Naples.
_____________________________________________________________________________________
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 The Crest at Naples SDP, (PL20160001444). On
December 14, 2018, the SDP was approved by staff and the bond is no longer required.
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 of
$43,660. 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.17
Packet Pg. 585
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 9610
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $43,660 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20170003429) for work associated with The Crest at Naples.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/15/2019 4:26 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/15/2019 4:26 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/15/2019 5:16 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/16/2019 8:37 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:20 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:59 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/22/2019 11:05 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:28 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:07 PM
Growth Management Department James C French Deputy Department Head R eview Completed 07/29/2019 2:16 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:35 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:04 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:26 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/23/2019 9:26 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.17
Packet Pg. 586
THE CREST AT NAPLES
LOCATION MAP
16.A.17.a
Packet Pg. 587 Attachment: Location Map (9610 : Bond Release for EWA - The Crest at Naples)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into 16is f X#- aay of
December 2017, between TRG Naples l, 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 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. PL20160001444 (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").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $43,660.00.
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
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
contingent costs, together with any damages, either direct or consequential, which
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16.A.17.b
Packet Pg. 588 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)
7
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 Develo
executed by their duly authorized representatives this
SIGNED IN THE PRESENCE OF:
caused this Agreement to be
day of December 2017.
per hpve
ttrfl-
Aubrey
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
TRG Naples l, LLC
Gerald Massey / Authorized Agent
BOARD OF COUNTY COMMISSIONERS
OF
By:
1sien:
i/LL" ,-r,-A& U (
Michelle Remaley
Printed Name
S
*b "4Lt t
ruusE
(/
as designee of the County Manager
pursuant to Resolution No. 2015- 162
,rl.tt'l4"bn n
16.A.17.b
Packet Pg. 589 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)
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PERFORMANCE BONT)
FOR EARLY WORK AUTHORIZATIONS Bond # 2263447
KNOW ALL PERSONS BY THESE PRESENTS: that
TRG Naples l, LLC
7000 Peachtree Dunwoody Road
Bldg. 14, Suite 300
Atlanta, GA 30328
(hereinafter refened to as'Ownef) and
North American Specialty lnsurance Company
1450 American Lane, Suite 100
Schaumburg, lL 60173
(470) 428-976e
(hereinafier refened. to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter refened to as "County") in the total aggregate sum of Forty-three ihousand,
six-hundred sixty Dollars ($43,660.00) in lawfu! 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 plurar, as the contlx 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. pL20i6OOO1444
and that certain Early Work Authorization shal! include specific imprcvements which are
required by Collier County Odinances and Resolutions (hereinafter "Land Development
Regulations'). This obligation of the Surety shall commence on the date thls Bind is
executed and shall continue until the completion of the work and approva! by the County
of the specific improvements described in the Land Developmeni hegulations, or until
issuance of a subseqlgnt final development order such as a Site Dlvebpment plan
(SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Periid") or until
replaced by a new bond in the event of a change in Omership.
NOW, THEREFORE, if the Ownershallwell, trulyand faithfully perform its obtigations
and duties in accordance with the Land Development Regulatiohi Ourlng the guaranty
period established by the County, and the Orner shall satisff all claims and dlmandi
incuned and shallfullyirdemnify and save harmless the Countyfrom and against all costs
and damages whlch it may suffer by reason of Owne/s fillure to do-so, and shall
reimburse and repaylhe County all outlay and expense whlch the County may incur in
making good any default, then this obligation shall be void, otheruvise toremiin in fult
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 specilrc improvements shall in any way affect its obligation on this Bond, and ft
does hereby waive notice of any such change, extension of time, alteration, addition or
deletion to the proposed specific imprcvements.
16.A.17.b
Packet Pg. 590 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)
PROVIDED FURTHER, that lt 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 taittrtut performance inaccordance with the Land Development Regulations. The term "Amendment,. wherever
used in this Bond, and whether refening to this Bond, or other documents sirall includeany alteratlon, addition or modificafion of any character whatsoever.
IN WITNESS WHEREOF, thE used this PERFORMANCE
BOND to be executed this ,20t7
TRG Naples l, [[C
Pri Name
Vrc<g( (ur,.*t,r-6erald Massey / Authorized Representative
(Provide Proper Evidence of Authority)
Printed Name
r
STATE OF U\,O
ACKNOWLEDGEMENT
COUNTY OF
THE
u-
{1
THIS
FOREGOING\.{ oav or
PERFORMANCE B9ND WAS ACKNOWLEDGED BEFORE MEDLcztnbt.r-, 20 lJ , By AS
OF
PRODUCED
t-
d,n VTT s \rc ns IDENTIFICATION.
Notary Public - State of
IlublLuE. \Msc
Printed Naffie
WHO IS PERSONALLY KNOWN TO ME, OR HAS
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16.A.17.b
Packet Pg. 591 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)
WITNESSES:
Printed Name
Katarzyna Griffin
Printed Name
STATE OF v \a
COUNTY OF
THE
THIS DAY
Attorney In Fact North American Specialty Insurmce
North American Specialty lnsurance
Edward Mooney, Attonrey in Fact
Printed tttame/Title
(Provide Proper Evidence of Authority|
ACKNOWLEDGMENT
IS PERSONALLY KNOWN TO ME, OR HAS
BOND WAS ACKNOWLEDGED BEFORE ME
ZO 1), gY EdwardMooney AS
C
PRODUCED _ AS I DENTT Ft CAT| glxoo .ro.*,
Notary Public - State of G NOTARYPUBUC
FULTONCOUNTY GEORGIiA
MY COMMISSION EGIRES
NOVEMBEB 20,2018 (
Lt^Jn Croc
Printed Name
l4-E15-02650/6
16.A.17.b
Packet Pg. 592 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)
SWISS RE CORPORA,TE SOLUTIO}iS
NORTH AN{EzuCAN SPECIALT}' INSURANCE CO}IPAA'
\I'ASHINGTON TNTERNATIONAL INSURANCE CO},IPAN-I'
\I.ESTPORT T}ISURANCE CORPORATION
GENER{L POI\'ER OF ATTORNE}'
KNO\\. ALL iv'IEN Bt' THESE PRESENTS. THAT North Am-erican Specialrl Insurance lompan1. a corporarion dul-r organized and esisting underla*s of the State of Ne* Hampshire- and haring its principal office in the Ciry olOrerland Parli. Kansas and \\'ashingion intemational Insurance
9oTp}l a corporalion organized and eristing under the laus of the State of Nerr t{ampshire and haring its principaioffice in tlre Citl oiOr.rfonaPark. Kansas, and ltr'estport Insurance Corporation. org an ized under the larvs o f the State o f NI issouri, ari,: hai ing iis principal o ffice in the C itr o f
Olerland Park, Kansas each does herebl,make, constitute and appoint:
ED\\.ARD irlOONEY, KRISTT II FLYtrN and ROBERT CARLETON \\'tlNE
JOINTL\'OR SEVERALL}'
SE4L
Comp!n,r
& Scnior I ice Prusidcnt o[ \odh lmrrican Specialt] lnrumf,cc Companr
& Senior I ice Prcsidcnt o[ 1].rlpo.t lntur.ncc Corpor:tion
ts,r
llrle \.Presidcnt In tcmrrional
Its_true and larrful Anomel(s)-in-Fact. to malie. execute. seal and delirer. for and on its behalfand as its act and deed. bonds or other *ritingsobligatorl inthenatureofabondonbehalfoleachofsaidCompanies,assuret),oncontractsofsuretlshipasareorma.i berequiredorpermltedb-r
larv, reg ulatio n. contract o r othenr ise, pro! ided that no bond or undertakin-e or contract or s uretl ship .*..ut.d under th is authoritl ,holl exceed theamount of: oN:E HLINDRED T\lENil' FIvE TVIILLIoN (s l2i,000,000.00) DSLLARS
This Porrer oIAttome) is granted and is signed b1 lacsimile under and b1 the authori[ olthe lolloqing Resolutions adopted b1 the Boards olDirectors oINorth American Specialry Insurance Companl and \\'ashington International Insurance Compa.il atmeetings duly called and heldon Nlarch 21.2000 and \tr'estport Insurance Corporation b1'rwinen consint of its Executive Committee datealul_,. lg. 201 I
"RESOLVED. that an) tl\o olthe President. an) Senior Vice Pre;ident- an1 \'ice President. an1 Assistant yice president.
the Secretarl or an-r Assistant Secretarl be. and each or an1 of them hdrebl is authorized to e\ecute a po$er of Attorne,r qualiIing the aftorne-r namedin the giren Power oIAttorne] to e\ecute on behalf of the Compan,r bonds. undertakin-es and all contracts of suret). ""a tf,",.r.t,-"rr"i'"f 16.,herebl is authorized to altest to the execution of anl such Por\erof Aftome,r and to attach therein the seal of the C.ompanl: and it is
FURTHER R-ESOLVED. that the signature of such offlcers and the seal of the Companl ma1 be aflfixed to an1 such po,1er of Aftome] or ro an.\certificate relating thereto b1 facsimile. and an,r such Poler of Altomey or certificatc b.aring suci facsimile si-snatures or facsimile seal shall bebinding upon the Company rrhen so alfixed and in the future uith regard to an-r bond. undertaking or contract of suretl to l.hich it is attached..
B1
Stcr
& Scnior I'ice Pesid.nt of\odh .{mcricrn Sp.ci.lq lnsumnce Comprn.y& Scnior l ite Prerid.nt of tl.srporr ln;uruic Cor!orerioa
N lllri$ESS \\'FIEREoF. North American Specialtl Insurance Compan.r. \\'ashington International Insurance Conrpan-r and \l'estporrInsurance Corporation have caused their oliicial seals to be hereunto affi.red. and these presents to be signed b1 their authorized oftjcers thisthis l8th da1 of July .20 17
State of Illinois
Coun[ ofCook
on this l8th da1 of July .20 17. belore me. a Notar--r Public personalll appeared steren p. Anderson Senior Vice President of
\\'ashington Intemational Insurance.C-ompan-1 an{ senior.vice President of North American Specialtl Insurarce Compan,r and Sc,nior Vice prc.sident of\\'estport Insurance corporation and Nlichaei A. Ito Senior vi." P;.;;.;i ;f-ll'ashington IniJrn;1i;;"ii;r,i*.. co*pur.r and Senior Vice presidenr
of North American Specialry Insurance Compan,r and Senior !'ice presidenr o[ \\estport Insurance Corporation. personall-r knoun to me. riho
be ing b1 me dull suorn. acknowledged that thel signed the abore po*er of A ttorne) as ofllcers of and acknor,rled-sed said instrument to be theloluntar) act and deed oftheir respectir.e companies.
North American Specialn lnsurance ( ompanl
\\ ashington Internationat Insu rance Compan,r
l\ estport Insurance Corporation
SS:
I' Jelfre) Goldber-e ' the dull elected vice President and Assi:tanlsgcrelar) oiNorth .{merican Specialtl Insurance Compan,r. \l'ashingtonInternationalInsuranceCompan.rand\l.est@rti$thattheaboreaadforegoingisatrueandcorrectcop,lofa
Po*er of Attorne-r giren b1 said North American Specialry Insurance Companl'. $'*hingron Intemational Insurance companl and \l'estport InsuranceCorporation rvhich is still in lull lorce and eflfect_ ' ,
t'\i \&'lrNESS WHEREOF' I ha',e set m-r haad ana arnJa the seals of rhe companies thi, !t, ,:W@AW.20 t7 -,i..zt'
,/41/ "2'l''2-
IvI Kenny, Notarl Public
Compuy &
lnsuuce Corpoouon
COMMISSION SfIHES 1
OFFICIAL SEAI.
M I€NNY
NOTAFY PU8UC, SIA]E OF ILUNO{S
Jeffre-t Goldberg, t',cj pr6rdcnr &.tjnj@rNofth lfieflce Sp{talt} IjEuruce Compe} &.
Secr:te) of l,l efun8lon Intemaoonal hsurocs!lc. Pr6rdcnt & .{ssrmr Srreury of l,l51pqn
Ctr^ r
16.A.17.b
Packet Pg. 593 Attachment: Bond Basis (9610 : Bond Release for EWA - The Crest at Naples)