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Agenda 09/10/2019 Item #16A18 (The Springs at Hammock Cove Performance Bond)09/10/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $27,740 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170004177) for work associated with The Springs at Hammock Cove. _____________________________________________________________________________________ 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 per formance security was posted as security for clearing and site filling associated with an Early Work Authorization for The Springs at Hammock Cove SDP, (PL20170001881). On April 24, 2018, the SDP received staff approval and the bond is no longer required. An 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 of $27,740. 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.18 Packet Pg. 594 09/10/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Doc ID: 9615 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $27,740 which was posted as a development guaranty for a n Early Work Authorization (EWA) (PL20170004177) for work associated with The Springs at Hammock Cove. Meeting Date: 09/10/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 07/16/2019 1:32 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 07/16/2019 1:32 PM Approved By: Review: Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:20 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/17/2019 8:57 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 07/18/2019 2:43 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/19/2019 7:40 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:59 PM Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:29 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:08 PM Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 2:16 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:36 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 4:27 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 9:01 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.18 Packet Pg. 595 THE SPRINGS AT HAMMOCK COVE LOCATION MAP 16.A.18.a Packet Pg. 596 Attachment: Location Map (9615 : Bond Release for EWA - The Springs at Hammock Cove) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY woRK PERFoRMANCE AGREEMENT entered into this 16 Yh day of -April-, 20't8-, between Continental 422 Fund 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 '10.01.02.8 (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. _--jlqq99E!1ZZ- (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"). 2. Developer herewith tenders its early work performance security (attached hereto as Exhibit 'A" and by reference made a part hereo0 in the amount of 3 740 0 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 linal Early Work as reviewed and approved by the County lranager 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 specifyjng those conditions which Developer must fulfill in order to obtain the County Manageis approval of the Early Work. ln the event Developer shall fail or neglect to fulfill its obligations under thrs 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 5 6 4. 16.A.18.b Packet Pg. 597 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) 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. 7 All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. executed by their duly authorized representatives this lN WITNESS WHEREOF, the Board and Develo per llo ,+,day of caused this Agreement to behave 2018. tLA"rr-- Printed Name{gt'n Rr Ver5 Sign ilLlttA)L SIGNED IN THE PRESENCE OF Sign: Continental 422 Fund LLC By: Continental Properties Company, lnc. It's M DanielJ. Mina dent President, VP, or CEO) Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS Printed Name flJ/\r\lt ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Ap to form and legality: t as designee of the County Manager pursuant to Resolution No. 20 I 5- 162 \I,MN( OF By: COLLIER , FLORIDA Anril scott tr. Stone Assistant County Attorney 16.A.18.b Packet Pg. 598 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) Exhibit "A" PERFORI\4ANCE BOND FOR EARLY WORK Bond No. PB12194000004 KNOW ALL PERSONS BY THESE PRESENTS: that Continental422 Fu nd LLC W134 N8675 Executive Parkway Menomonee Falls, Wl 53051 (hereinafter referred to as "Owner") and Philadelphia lndemnity lnsurance Company Three Bala Plaza East, Suite 400 Bala Cynwyd, PA 19004 (610) 206-7836 (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 Twenty seven thousand seven hundred forty 00/100 Dollars ($27,740.00) 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 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. PL20170004177 and that certain Early Work Authorization 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 lhe 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, olherwise 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 modification of any character whatsoever. lN WITNESS WHEREOF, the pa(ies hereto have caused this PERFORMANCE BOND to be executed this _9th_ day of April_,2018 16.A.18.b Packet Pg. 599 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) WITNESSES: Com Name: Continental 422 F nz I Prof undlLLC,m?"nt,luc.,f>.1: I ie(. lA4lA By: Print Name ACKNOWLEDGEMENT a}^t^- J.Vrwalton m6!-l@/ e trr, \\o B R/ A A. T )- o'.PuButo ..? or' wt --- STATE OF FtORtDf W tstor.rsiN COU NTY OF €€ttJER IvAurrAtTA \ Printed Name tjv\ri sti ".k-l"{ "_;Qdzc-(4*2.^.- Sandra Stutzman Anthony T. Papa, Jr. - Attorney-ln-Fact an Licensed Florida Agent InSource Partners, LLC 7264 Kyle Court Sarasota, FL34240 il THE FOREGOING PERFORIVIANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS [} ONY OT -flU", t ,2018, BY l*L'tc["1lrrr.ahan AS ?res',&,n! Of Gnn"*.t {ro+aF5 WHO IS PERSONALL]-(NQIVN'I!-ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Pubtic - State or V{iSgp\^S\'n 9;a ?in -,(sEAL) Printed Name EfiAA. P-rVef S WITNESSES:Philadelphia lndemnity lnsurance Com { 'tilIil [ 1s- LDS-o1664/1 1s3600/U ACKNOWLEDGMENT v\c ....,tt!lt'Irt.,,, 16.A.18.b Packet Pg. 600 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) STATE OF FI orida COUNTY OF Sa ra so ta THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 9 DAY OFApril , 20 18 , BY (NAME OF ACKNOWLEDGER) AS (T|TLE) OF (NAME OF COIvtpANy) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED peTsonally AS IDENTIFICATIoN, knornm Notary Public - State of Florida3r*X*['lr^^*. 39€-0153 TERESA L STEADMAN MY COMMISSION #FF135184 EXPIRES June 23, 2O1B (SEAL) L s t eadman Printed Name [1s LDs-01664/1153600/1] 16.A.18.b Packet Pg. 601 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) 4 PHILADELPHIA INDEMNITY INSUR{NCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attornev KNOW ALL PERSONS BY TIIEStl PRESUNTS: 'l'hat PHILADELPHIA INDEMNI-I'Y INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthe Commonwealth ofPennsylvani4 does hereby constitute and appoint Anthonv T Paoa Jr. of InSource Partners. LLC its true and lawful Attomey-in-fact with full authority to execute on its behalfbonds, undertakings, recognizances and other contracts ofindemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHIT.ADELPHIA INDEMNITY INSURANCE COMPANY on the l4n of November, 2016. RESOI,VED:That the Board ofDirectors hereby authorizes the President or any Vice President ofthe Company: (l) Appoint Attomey(s) in Fact and authorize the Attomey(s) in F'act to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto: and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED:'l'hat the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall bc valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WTIEREOF. PHILADEI,PHIA INDEMNITY INSURANCI.] COMPANY t{AS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER,20IT (Seal) Robert D. O'I-eary Jr., President & CEO Phitadelphia Indemnity Insurance Company On this 27s day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA I\DEMNITY I\SURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed. Notary Public residing at:[]ala Cynwyd. PA I. Edward S (Notary Seal) of PHILADELPHIA My commission expires September 25.2021 Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby certiS that the foregoing resolution of the Board of issued pursuant thereto on this 276 day of October, 2017 ue true and correct and are still in lull force and effect. I do further who executed the Power of Attomey as President, was on the date ofexecution ofthe attached Power olAftorney the duly elected INSURANCE COMPANY, name and affixed the facsimile seal of each Company this gthday "f 4Plilo 18 Edward Sayago, Corporate Secretary PHILADEI,PTIIA INDEMNITY INSURANCE COMPANY Y TnCI^%^J\ft*fP r rl '('. {. zag*>* )f 16.A.18.b Packet Pg. 602 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) of frbtatE 0 utr a Drpurtrnent of Ftutr I certify the attach€d ia a true and correct copy of the application by CONTII{ENAAI 422 rUND LLC, a llisconsin limited liabllity coEpany, authorized to tranaact busi.ness within the state of Florida on March 28, 2018, as shorn by the records of thj.s office. I further certify the document was electronically received und€r E.B:( audit nunber 818000099401. Th16 celtlflcate is issued in accoldance wlth section 15.15, Florida Statut€s, and authenticated by the code noted bel,or. The docurent nunber of thie limited 1labIlity cotrq)any ie M18000003028. Authentication Code : 518A00 00537{-032918-M1800000302 8- 1/ 1 ffi ffi ffi ffi ffi ffi ffi ffi ffi ffi# ffi ffi lt* \uD $ecatarp 5r@ Glven under ny hand and theGleat Seal of the Stat€ of Elorida,at fallahasaee, the Capital, this theEwenty-ninth day of March, 2018 16.A.18.b Packet Pg. 603 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) N ('O\VPU4NE Mnl J;f[7KN eb.(m, nINIrt S'rAnn6 flE R)uOW n S gJBMnD TO R&ffim A FOREI;N IA.fiA) U/t&Ury cd.0AhY70 IR4]6/r'I &tSnrSS Ar'7I€.t i{?}jff FIfrtU t. ContincrLl422 Futd LLC r l\am( of Forcren bmncd l-irbiliw Comp.ny. mu$ io.lud. 'Limitcd l,irbiliiy Corhprny." 'L L C .' d "LL.') (llEE urqllbL. dI(.|rarr. om rdq..d lb. dE p!Do.. or t-r-rir birr r Fldil Tls.la!r. !& rr Ehl&'lid.d Uditty C@y." "LL C-'d _LU'"1 ,, Wisconsin 82.r236587 irDrnadaEliEE@ {m NdE if +9rt Dr.) I (U.iloa dnB) Meromonee Falls, WI 53051 7. r-amc and !llglL34kLg!! ol lilorida registcrcd ugcna: (P.O. Box Nlll&ccptrblc) Namc: C T Corpor.tion Systcm Olllcc ddress:I20O Souti Pine lslaod Rosd l,lanratlon . rlorida 33324 (Crtv) qb.*l R.ti!t..cd ttc!t'! r.ccptrtrc.: Hrelng beet narrEd ot rcglstered agenr and lo acccpl se.vk. of p.occtt lot thc obovc doted Urdhed AoNIA arrqory a, th. placc dcsigdal.d ln lhls epp$carlon, I hcreby ccccp, lhc dppoinbtnl a5 ,qldcrcd qg. ind cgr.. lo qcl l1 ,hb c.poct$. I lutlh.t agrcc to comply ,,irh thc protirlo,4t of sU stsur6 rcladv. ,o thc p?opcr ond co,rquc pcrlonmtc. of r',t' dr.d6, aid I .t fet dltot vlrh \rEBrieEEu.dE trttBD'rtu, (S.. t oat 6a,t os. I ul5 o9or, F S to dddli D-.ly li.hliv) 5. Wl34 N8675 Exocutive P.rkwsy 6. Wl34 N8675 Execulive Parkuy IslilaGAffiOG, Mcnomonec Falls, WI 53051 a occcpl th. ob,grdo* r,*, W4;ryff:James M. Halpin Assrstani Secretary di(]tlrtd rr. ! ryn !) ll. 1'he namc. titlc or capaciry snd ad&ess of thc person(s) \Nho has&sve authority lo rns[a8e igrre: !!&_eIl!I!dqi Ntetr!d_A!&!E: Titl. or C.p.citv: Scc attachcd. V (Use attachmenE if nccasssr),) 9. Altached is a c.rrificate of€xistence, no more than 90 days old, duly authcnticatcd by rhe offcial hsving qlstody ofrccords in thcjurisdiction urdcr tlle law of which it is organized. (lfthc ccnitic.tc is in a forcign lartgu.gc, a ranslation ofthc ccrtific{& und6 oadrofthe uanslator must bc submitlcd) NtEc ard Addic!!: in accordance with section 605.0203 ( I ) (b), Irlorida Statutcs. I am a\+arc thrt a.IIy lalse inforrmtion ofState third dcgrce fclrny as providcd for in s.t17.155. F.S\'\. -.,1 Sir!,! of- ."iqE d Fta 4$9\\$.(.r 'twrbrnf,r fur.A LLc d\{ 10.'lhis documcnt is cxccuted submittcd in a docurn€nt to the (_ Ir!.d o. F!r.d E; ofx;o! tor*. crlnla\ t{ )2 APPLICATION BY FOREICN LIMITED LIABILITY COMPANY FOR AUTHORIZATTON TO TRANSACI BUSINESS IN FLORIDA 16.A.18.b Packet Pg. 604 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) Attachment to Application by Foreign Limited Liability Company For Authorization To Transact Business In Florida Name of Foreign Limited Liability Company: Continental 422 Fund LLC 8. The name, title or capacity and address of the person(s) who has/have authority ro manage iVare: Title or Capacity:Name and Address President of Continental Properties Company, Inc., manager of Continental 422 Fund LLC Daniel J. Minahan Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 CEO of Continental Properties Company, Inc., manager of Continental 422 FwdLLC James H. Schloemer W I 34 N8675 Executive Parkway Menomonee Falls, WI 53051 Treasurer & Executive Vice President of Continental Properties Company, [nc., manager of Conti nental 422 Fund LLC Edward J. Madell Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Secretary & Executive Vice President of Continental Properties Company, Inc., manager of Conti nental 422 Fund LLC Paul R. Seifert Wl34 N8675 Executive Parkway Menomonee Fall wt 53051s, Executive Vice President of Continental Properties Company, lnc., manager of Continental 422 Fund LLC Kimberly Grimm Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Vice President of Continental Properties Company, Inc., manager of Continental 422 Fund LLC Ryan Folger W134 N8675 Executive Parkway Menqmonee Falls, WI 53051 Gerard Severson Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Vice Chairman of Continental Properties Company, Inc., manager of Continental 422 Fund LLC 16.A.18.b Packet Pg. 605 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove) United States of America State of Wisconsin DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Corporate & Consumer Services To All to Whom These Presents Shall Come, Greeting: I, Mary Ann McCoshen, Administrator of the Division of Corporate and Consumer Services, Department of Financial Institutions, do hereby cenify that is a domestic corporation or a domestic limited liability company organized under the laws of this state and that its date of incorporation or organization is April 03, 2017. I further certify that said corporarion or limited liability company has not yel completed its initial repon year and, accordingly, has not yet filed an annual report under ss. 180.1622, 180.1921, 181.1622 or 183.0120 Wis. Stats., and thar said corporation or limited liability company has not filed articles of dissolution. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the Depanment on March 28,2018. MARY ANN MCCOSHEN. Administrator Division of Corporate arrd Consumer Services Department of Financial Institutions DFI/Corp/33 To validate the authenticity of this certificate Visit lhis web address: http://www.wdli.org/apps/ccs/verify/ Enler this code: 217157-F2E8B,I8A CONTINENTAL 422 FUND LLC 16.A.18.b Packet Pg. 606 Attachment: Bond Basis (9615 : Bond Release for EWA - The Springs at Hammock Cove)