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Agenda 11/12/2019 Item #16A30 (Release a Performance Bond w/Naples Reeserve Phase One)11/12/2019 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,000,000 which was posted as a guaranty for Excavation Permit Numbers 60.100, PL20120002540; 60.100-1, PL20130002717; 60.100-2, PL20140000342; 60.100-3, PL20150000128 for work associated with Naples Reserve Phase One. 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 Excavation Permits No. 60.100, 60.100-1, 60.100-2, and 60.100-3 associated with Naples Reserve Phase One. The As-Built lake cross sections have been received and the lake has 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 $1,000,000. 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, Associate Project Manager, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Bond (PDF) 16.A.30 Packet Pg. 902 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.30 Doc ID: 10440 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,000,000 which was posted as a guaranty for Excavation Permit Numbers 60.100, PL20120002540; 60.100-1, PL20130002717; 60.100-2, PL20140000342; 60.100-3, PL20150000128 for work associated with Naples Reserve Phase One. Meeting Date: 11/12/2019 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/08/2019 3:03 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/08/2019 3:03 PM Approved By: Review: Growth Management Development Review Chris Scott Additional Reviewer Completed 10/08/2019 3:49 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/08/2019 4:18 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/09/2019 11:31 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/14/2019 8:34 AM Growth Management Department Matthew McLean Additional Reviewer Completed 10/14/2019 10:49 AM Growth Management Department James C French Deputy Department Head Review Completed 10/14/2019 9:41 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/15/2019 4:44 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/21/2019 5:26 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/23/2019 9:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/23/2019 11:22 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/23/2019 2:24 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/04/2019 11:25 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 16.A.30 Packet Pg. 903 NAPLES RESERVE PHASE ONE LOCATION MAP 16.A.30.a Packet Pg. 904 Attachment: Location Map (10440 : Excavation Bond Release - Naples Reserve Phase One) COLLIER COUNTY LAND DEVELOPMENT CODE PE RFORMANCE BOND NO. CMS0270828 KNOW ALL PERSONS BY THESE PRESENTS: that SFI NAPLES RESERVE LLC 3232 W. LAKE MARY BLVD.; SUITE 1410 LAKE MARY, FL 32746 (hereinafter referred to as "Owner") and RL!INSURANCECOMPANY P.O. BOX 3967 PEORIA, IL 61612-3967 (hereinafter referred to as "Surety") are held and finnly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of One Million and 00/100 Dollars ($1 .000.000.00) in lawful money of the United States, for the payment of which sum weil and truly to be made, we bind ourselves, our heirs, e xecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,. as the context requires. T�H�E_.CONDJTION_QEJHIS--OBLIGA'l:-IQN-is-suelHhat-·whereas,the-Bwner-has-submitted--for· approval by the Board a certain subdivision plat named Naples Reserve, Phase I and that certain subdivision 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 the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land · Development Regulations (hereinafter the "Guaranty Period") 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 indenmify 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 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 "Amendme11t," wherever used in this Bond, andwhether n,ferring to Jhis 16.A.30.b Packet Pg. 905 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One) Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. rN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND TO be executed this 24th day of July, 2013 (Owner's witness and signature block) WITNESS: �·✓✓�t� L.iso, T Ca I brJ Printed Name (Surety's witness and signature block) ---1-----W-ITN E /j �---------·RLI IN SURA NC E COMP:ANY · (#r�� -�� Stephen A. Vann Printed Name Lisa Pless, Attorney-in-Fact Printed Name and Title 16.A.30.b Packet Pg. 906 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One) (Separate notary acknowledgement for Owner and Surety required) State of � 'i>A- County of I ,;Jo\ t Owner Acknowledgement . ar-£-e foregoing PE�RMAz:.;rcE BOND was \{Yledged before me this--� day of·, 2013 b M,bl::)'i@4as , . of SF! NAPLES RESERVE LLC who -own to m.e, has produced ------�JJ-;--1/_IJ-�· ----�-as identification, I - State of Georgia County of Gwinnett Surety Acknowledgement Tue-foregoing-PERFelRMKNeE-BOND was aclcnowledgeci before me ffiis 24th day of July , 2013 by Lisa Pless as Attorney-in-Fact ofRLI INSURANCE COMPA.."'IY who is personally known to me, OR has produced ______________ as identification. WITNESS my hand and official seal NOTARY PUBLIC-STATE OF GA �-- . Geraldine W. Harris PRINTED NAME GERALDINE W. HARRIS . NOTARY PUBLIC GWINNETT COUNTY STATE OF GEORGIA l8J co: · r ■n _... Fe&vWtY 1, »fl 16.A.30.b Packet Pg. 907 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One) RLI. RLI �urcty P.O. Box 3967 I Peoria, IL 61612-3%7 Phone: (800)645-2402 I Fax: (309)689-2036 www .rlicoq,.com Know All Men by These Presems: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Lisa Pless, Stephen A Yann, jointly or severally in the City of Arlanta , State of Georgia its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sigp., execute, acknowledge and deliver for and on its behalf as Surety, the following described. bond Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars (S25,000,000.00). The acknowledgment and execution of such bond by the said Attorney.in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: HALI boods, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shalrhave authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of aoy such officer and the corporate seal may be printed by facsimile. 11 IN \VITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its __ Vu,ic<1sc.Fi:.te1s"SJ1'. dii;enm.t _ with its corporate seal affixed this 8th day of February 2013 State of Illinois County of Peoria } ss On this J!h_ day of Febmazy 2013 , before me, a Notary Public, personally appeared Boy C Die , who being by me duly sworn. acknowledged that be signed the above Power of Attorwy a.s the aforesaidofficer of the RLI Insurance Company and acknowledged said instrument tobe the voluntary act and deed of said corporation. By: @uf,: < )Jz. 3�!?A<.,Jacque� Notary Public "OFFICIAL SEAL• JACQUELINE M. SOCKlER COWillSSION EXPIRE8 o:vlli14 JO:UP6JOWJJZ RLI Insurance Company CERTIFICATE I, the undersigned officer of RLI. Insurnncc. CO:mpany, a stockcorporation of the State of Illinois, do hereby certify that the attachedPower of Attorney is in full force and effect and •is. irrev�1e; andfurthermore, that the Resolution of the Company as �t ··f9ra:t in thePower of Attorney, is now in force. fn testimony wh'el'� I haveh�\Q set my hand an1 the seal of'the RU In,urant; �panythi� day of ::;s:... � . Jc:,I ], . �-- : ·. :: RLI Insurance Company A0058707 16.A.30.b Packet Pg. 908 Attachment: Performance Bond (10440 : Excavation Bond Release - Naples Reserve Phase One)