Agenda 10/08/2019 Item #16A 2 (Isles of Collier Preserve Bond Release)10/08/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$197,184 which was posted as a guaranty for Excavation Permit Number PL20180001558 for work
associated with Isles of Collier Preserve Phase 10, Lakes 6D, 6E, and 6F.
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 Isles of Collier Preserve Phase 10, Lakes 6D, 6E and 6F. The As-Built
lakes 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. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $197,184. 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. Location Map (PDF)
2. Bond Basis (PDF)
16.A.2
Packet Pg. 446
10/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2
Doc ID: 10058
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $197,184 which was posted as a guaranty for Excavation Permit Number
PL20180001558 for work associated with Isles of Collier Preserve Phase 10, Lakes 6D, 6E, and 6F.
Meeting Date: 10/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
09/03/2019 3:12 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
09/03/2019 3:12 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/03/2019 5:16 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/04/2019 7:34 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/04/2019 2:03 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/04/2019 2:23 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/05/2019 2:53 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/10/2019 11:09 AM
Growth Management Department James C French Deputy Department Head Review Completed 09/11/2019 3:55 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/13/2019 9:34 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/17/2019 8:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2019 2:11 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/24/2019 11:20 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/24/2019 1:24 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 5:38 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM
16.A.2
Packet Pg. 447
ISLES OF COLLIER PRESERVE PHASE 10
LAKES 6D, 6E, AND 6F
LOCATION MAP
16.A.2.a
Packet Pg. 448 Attachment: Location Map (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this le&aay o'f
\ , 2018 between Minto Communities. 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 excavation permit in accordance with Section
22-106, et a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.'lO (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agrejment stating applicant will
comply with the Excavation Regulations and Excavation Permit No. +tzolgooo ,SSS (the
"Excavation Permit").
NOW, THEREFORE, in consideratlon 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 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 hereof) in the amount of $197,'184.00.
ln the event of default by Developer 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 of the 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 Manager's approval of the Excavation 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 excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation 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
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
2
4
5
6
16.A.2.b
Packet Pg. 449 Attachment: Bond Basis (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)
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.
IN WITNESS WHEREOF,this Agreement to be
executed by their duly authorized 2018.
7
SIGNE
Sign:
E PRE EOF
$rb f oast€ct r]F[z
Printed Name
Sign
r1/eL
Printed me
ATTEST
DWIGHT E. BROCK, CLERK
Deputy Clerk
to form and legality:
Scott A. Stone
Assistant County Attorney
Minto Communities, LLC
By.
Michael J. Belmont, President
BOARD OF COUNTY COMMISSIONERS
OF FLORIDA?/By:
as designee of the County Manager
pursuant to Resolution No. 2015-162
16.A.2.b
Packet Pg. 450 Attachment: Bond Basis (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)
€A^,b,t k
certain excavation permit shall include specific lmprovements which are required by Collier
rdinances and Resolutions (hereanafter "Land Development Regulations"). This obligation of the
all commence on the date this Bond is executed and shall continue until the date of completion
Bond No. 80'159256
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as "Owner") and
The Guarantee Company of North America
One Towne Square, Suite 1470
Southfield, Ml 48076
(248)281-0281
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggreg ate sum of One Hundred Ninetv-Seven Thousand One
Hundred Eiqhty-Four and 00i100 Dol lars ($197,184.00) in lawful money of the Unlted 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.he Owner has submitted for approval by
the Board a certain excavation permit no lsles of Collier Preserve Ph e1
and that
County O
Su rety sh
of the work and approval by the County of the specific improvements described in the Land Development
Regulations (herernafter 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
an any way affect its obligatjon 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 parties hereto have caused this PERFORMANCE BOND to be
executed this 23rd day of April. 2018.
[1s LDS 01664/11s3600/1]
16.A.2.b
Packet Pg. 451 Attachment: Bond Basis (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)
WITNESSES
Printed Name cArl\1 Lt(k-
erinted Namel$rg an lilq4aa.n
STATE OF
COUNTY OF
EF REGOING PERFOR
Minto Communities, LLC
By:
liam costelloL
of Finance
(|
Printed Name/Title
(Provide Proper Evidence of Authority)
AC KNOWLEDGEM ENT
I\iIANCE BOND WAS ACKNOWLE
Y (NAME OF ACKNOWLEDGER)
D ED EFORE THIS DAY OF
OF (NAME OF COMPANY)Minto Com unities, LLC WHO lS
f,20
(TITLE
PERSONALLY K OWN TO ME, OR HAS PRODUCED
Notary Public - State of 1,r^tus4
Printed Name &\ta*-'a.,rrc t
AS IDENTIFICATION
(SEAL)
The Guarantee Company of North America USA
Pr
L0",,a,ffi (Q. ,"^&;-A*{By:
Na e, Jeannie Reinoso
Claudette Alexa nder Hunt, Attorney-in-Fact
Name, A lexa nder Hansen Printed Name/Title
(Provide Proper Evidence of Authority)
ACKNOWLEDGI\4E NT
STATE OF Florida
COUNTY OF Miami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE I\4E THIS 23.d DAY OF
April,2018 , BY Claudette Alexander Hunt AS Attorney in Fact OF The Guarantee Company of
North America USA WHO IS PERSONALLY KNOWN TO I\4E OR HAS PRODUCED n/a AS
IDENTIFICATION
Notary Public - State of Florida
e
CAITII.IE M. CRUZ
Commission I GG 1'12020
Exptes August 5, 2021
Sord.n INIJ &d9.t N.try s.fil€a,-.-;LLz/. \---
Prmted Nrm;, C;6itte [/Jruz
I4-LIS-02650/7
wAl.,GlI"AUBA
947789FFIcoM!rlssl0N NM3,1ebruaryFEXPIRES:
Unda rihrtPnU'ETtuuNotat,Bonded
."'$LP6
LWJ (SEAL)
P rinted
[1s LDS 01664/1153600/1]
16.A.2.b
Packet Pg. 452 Attachment: Bond Basis (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)
Ill[Ite Guarantee Company of North America USA
South-field, Michigan
POWER OF ATTORNEY
GUARANTEE-
Kt{oyy ALL By THESE PRESENTS: That THE GUAR IiTEE COf,PAIIY OF IIORTH A ERICA USA, a corporation organized and existing underthe
taws of the State of l\4ichigan, havang its principal office in Southfield, Michigan, does hereby constitute and appoint
Claudete Aexarxlet Hmt JacquartDo Jordao Hanpton
Aoo Rirk S€ryic6, lrrc. ot Flo,ida
its lrue and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertaUngs, contracts of
indemnity and other writing; obligatory in the nature thereof, which are or may be allowed, required or permitled by law, statute rule, rcgulation, contract
or otherwise.
The execution of such instrument(s) in pu6uance of these presents, shall be as binding upon THE GUARAITTEE CO PAI{Y OF }aORTH A ERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly exeauted and acknowledged by its .egularly elected officers at the
principal offlce.
The power of Attorney is executed and may be certifiect so. and may be revoked, pursuant to and by authority of Article lX, Segtion 9.03 ol the By-Laws
ad;pted by the Board of Directors of rHE ZufriliiEltbiiexV or nonr hrealcl usA ai a meetiig held on the 31{ day of December, 2003.
Thepresi;ent, or any Vice president, acting with any Secretary orAssistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf oI the Company, and attach the Seal ot the Company thereto,
bond; and unde.takings, conkacts of inclemnity and other witings obligatory in the nature thereof; and .2. To .evoke, at any lime: any such Attomey-in-fact and revoke the authority given, excepl as provided below
3 ln connection wiih obligati;ns in favor ofihe Florida Department of Transportation only, it is agreed that the po$/er and authority hereby given
to the Attorney-in-Faci includes any and a consents for the release of retained percentages and/or final estimates on engineering and-
construction contraAs requrreo Oy iire Siate oi ffo,iOa Departmert of Transportation. lt is fully understood that consenting to the State of
Florida Department of Transportaiion making payment of the fnal estimate to the Contractor and/or its aEsignee, shall not relieve this surety
company of any of its obligations under its bond.
+. ln cdnn6ction tith obligations in fivoi ot ttre Kentucfy Departrnent of Highways only, it is agreed that.the power and authority hereby given to
the Attorney-in-Fact ca;not be modified or revoked unless prior lvritten pe.sonal notice of such intent has been given to the Commissioner -
Departmeni of Highways of the Commonwealth of Kentucky at least thirty (30) days priol to the modiflcation or rcvocation
Fuiher, this power of Attorney is signed and sealed by facsimale pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly calted and held on the 6th day of December 2011, ofwhich the following is a true excerpt:
RESOLVED lhat the signature of any authorized officer and the seal of the Company may be affixed by Jacsimile to any- Power ofAttorney or certification
th;re;f authorizing thelxecution anO oetivery ot any oonO, undertaking, contricts of inijemnity and other writings obligatory in the nature thereof and
"r"n iig*tu.u uni s"al when so used shatt have the same force and effect as though manually affixed.
IN WITNESS WHEREOF. THE GUARANTEE CO PAIIY OF NORTH A ERICA USA hAS CAUSEd this iNStTUMENt TO bE SigNEd ANd
its corporate seal to be afiixed by its authorized offlcer, this 23rd day ol Febtuary 2012'
THE GUARAI{TEE CO PA YOF ORTH ATIERICA USA
Wt4U*1,/-
STATE OF MICHIGAT{
County of Oakland
Stephen C. Rusch.k, President & Chief Opcrating Ofiicer Randtll llusselm'n, Sectetary
On this 23rd day of Fe buary, 2Oi2 before me came the individuals wl]o executed the preceding instrumenl to me personally knowrl, and -being by me
Jutysworn, saij that eacn is tne nerein deslrineo ino autno,i.eo officer of The Guaraniee comaany of North America usA; lhat the seal affixed to said
instrument is the Corporale seal of sa,d c"-iiii"v;'itrt G" c"rporate Seal and each signature were duly afiixed by ordel of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
CountY of Oakland
My Commission Expies February 27, 2018
Acting in oakland CountY
lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA ofiices the day and year above written'
C,^,a.; O' a-a-lda.-
I, Randalt lvlusselman, secretary of rHE GUARANTEE COtxPAt{Y OF iIORTH A ERICA USA, do hereby certify that the above and foregoing is a true
and correct copy oi a power ot nttorney exJcrit"i tv rni guenlnrEE co PANY oF NORTH A ERtcA UsA, which is still in lull forc€ and effect'
tN wlrNESS ryHERE9F, lhavethereunto set my hand and attached the seat of said com panylrl,is 23 oayotft1lnl,2-olE
Randall usselman,Secrelar,v
16.A.2.b
Packet Pg. 453 Attachment: Bond Basis (10058 : Excavation Bond Release - Isles of Collier Preserve Phase 10, Lakes 6D, 6E, 6F)