Agenda 01/14/2020 Item #16A14 (Bond Release - Arboretum)01/14/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$50,740 which was posted as a guaranty for Excavation Permit Number PL20180000297 for work
associated with Arboretum.
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
its commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Arboretum. The As-Built lake cross sections have been received and
the lakes has been inspected on November 22, 2019 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 $50,740. 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. Bond Basis (PDF)
16.A.14
Packet Pg. 709
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 10975
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $50,740 which was posted as a guaranty for Excavation Permit Number PL20180000297
for work associated with Arboretum.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
11/22/2019 2:10 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
11/22/2019 2:10 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 11/22/2019 2:44 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/25/2019 8:39 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 11/25/2019 10:09 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 11/26/2019 10:15 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/26/2019 2:15 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/16/2019 10:08 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:27 PM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 7:59 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:48 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 8:34 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 8:53 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.14
Packet Pg. 710
ARBORETUM
LOCATION MAP
16.A.14.a
Packet Pg. 711 Attachment: Location Map (10975 : Excavation Bond Release - Arboretum)
THIS EXCAVATION I
Au 4".s* , 2018 between
EXCAVATION PERFORMANCE AGREEMENT
ERFORMANCE AGREEMENT entered into this ila( day of
Mattamv Naoles LLC hereinafter referred to as "Developer," and
GEEoirO-ot County Commissioners of Collier County, Florida, hereinafter referred to as the
"Board".
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating applicant will
comply with the Excavation Regulations and Excavation Permit No. PL20180000297 (the
"Excavatron 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 Excavation Regulations and the Excavation
Permit (the "Excavation Work").
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,
1
2
3
4
6
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 3.05.10 (collectively, the "Excavation
Regulations"); and
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$50.740.00.( Fiftv Thousand. Seven Hundred Fortv Dollars & noi 100).
16.A.14.b
Packet Pg. 712 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
7
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 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.
Matta Napl
lN WITNESS WHEREOF, the Board and Develope4 have caused this Agreement to be
executed by their duly authorized representatives this ;!.aa day of Atqdg f .2018.
SIGNED IN THE PRESENCE OF:
-i- /-.Sign :{),oa,rr (-}l-r--.--,(
e-
Sign:
Printed Name
ATTEST:
AS form and legality
Scott A.tone
(S'.s".n 6t.t.t By:
Matthew O'Brien, Vice President
(Presideht, VP, or CEO)
(Provide Proper Evidence of Authority)
BOARD OF COLTNTY COMMISSIONERS
OF
By:
4
C'oLLIER ('OT,NT\" II -ORIDA
4rLt,^
7P/yC. vsf. I (. (,"2"1
( lr,' r oc -rtu Cno. + * ea,r P+adla<'
ClorK ol*<tou+ * U^lkcll,<'
as designee of the County Manager
punuant to Resolution No. 2015-162
By
Assistant County Attorney
Printed Name
z
nonrfi,eo
)
16.A.14.b
Packet Pg. 713 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. 0219259
KNOW ALL PERSONS BY THESE PRESENTS: that
Mattamy Naples LLC
4107 Crescent Park Drive
Riverview, FL 33578
(hereinafter referred to as "Owne/') and
Berkley lnsurance Company
475 Steamboat Road
Greenwich, CT 06830
(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 Fifty Thousand Seven Hundred Forty and 00/100 Dollars ($50,740.00) in
lavvful money of the United States, for the payment of which sum well and truly to be made, we band 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 excavation permit no. PL20180000297 and that certain excavation permit 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
completion of the work and approval by the County of the specific improvements described in the Land Development
Regulations (hereinafter the "Guaranty Perlod") 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, otheMise 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 speciflc 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 referrlng to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
N WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
y of Julv, 2018
I .,-ZG da,]
WITNESSES:
{x.*r,r E.',.-r
Printed Name
,/
Owner Name rporation)el
Mattam p les LLC
By
Vice President
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
-f , ,nu 6-,
[1s-r-Ds-o1664/11s3600/1]
16.A.14.b
Packet Pg. 714 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
2018,BY
POND WAS ACKN
Cx.t,r AS
FOREGOING PERFORMANCE
Y KNOWN TO M E,. OR HAS PRODUCED
Notary Public - State of Florida
Printed Name
STATE OF FLORIDA
COUNry OF HILLSBOROUGH
PER
WITNESSES:
Dia ne Rubright
Alexandra Sartori
ACKNOWLEDGEI\4ENT
Stephen T. Kazmer, Atto in-Fact
(Provide Proper Evidence of Authority)
OWLEDGED BEFORE IVIE THIS Z]i
Vice President OF Mattamv Naoles, LLC
AS IDENTIFICATION
(SEAL)
DAY OF
WHO IS
lL,-^-LT,
By
.\
ACKNOWLEDGIVIENT
STATE OF ILLINOIS
COUNTY OF DUPAGE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 25Ih DAY OF JuIV, 2018,
BY Stephen T. Kazmer AS Attornev-in-Fact OF Berklev lnsurance Comoanv WHO lS PERSONALLY KNOWN TO ME,
OR HAS PRODUCED N/A AS IDENTIFICATION.
Notary Public - State of ILLINOIS
(SEAL)
Sinem Nava
l4-EIS-02650/7
€..
SUSA}I GREENE
rIY COM ISS|oN t @ 009923
EXPIRES: Argu.l 6, ioa
Bfided Ihru Nolary Plblic U,.ddll.ibB
SINEM NAVA
OF F ICIAL SEAL
l..otary Public, Slal6 ot lllinois
Ef.4 c p
I202IsI2ll
[1s-LDS-o1664/11s3600/1]
{-
Berklev lnsurance Companv
=lhn o,r,t,n
16.A.14.b
Packet Pg. 715 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
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No. BI-112c
POWER OF ATTORNEY
BERKLEY INSI'RANCE COM}ANY
WILMINGTON, DELAWARE
NOTICE: The waming found elsewhere in this Power of Attomey affects the validity thereof. Please review carefully.
KNOW AIL MEN BY THESE PRESENTS, that BERKIEY INSL'RANCE COMPANY (the "Company''), a corporation duly
organized and existing under the laws of the State ofDelaware, haviog its principal office in Greenwic\ CT, has made, colstituted
ard appofuted, and does by thesc presents make, cotrstitute and appoint Js es L Moorc; Stephea T. Kaoter; Bonnie Kruse;
Dawn L. Motgon; Kelly A. Gardn*; Jennifer J- McComb; Mary Beth Graff; Elaine Marcus; Melissa Schmdt; Taiese M,
Pkciotto; Diane M. RubighC or Sircm Aydin oJ EUB Internationol Mi&rest Li,nited dba HUB Internqtional Scheers of
West nont" 1Z its fue and lawful Attomey-in-Fact, to sign its oame as suety onJy as delheated below and to exccute, seal,
acknowledge and deliver any and all bonds aod undertakings, with the exception ofFinancial Guaranty losurance, providing that no
single obligatiou sball exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds
had been duly executed and acknowledged by the regularly elected offrcen of the Company at its principal office in their own
proper pelsolrs.
This Power of Attoney shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware,
without giving effect to the principles of conllicts of laws &ereof. This Power of Attoney is granted pur$ant to the following
resolutions which were duly and validly adopted at a meetilg ofthe Board ofDirectors ofthe Company hcld on January 25, 2010:
RESOLVED, that, with respect to thc Suety business written by Berkley Surety Group, the Chairman of the Board, Chief
Executive Of6ccl, President or any Vice Presideut of the Company, in conjunction with thc Secretary or any Assistant
Secretary are hereby authorized to execute powers of attomey authorizing and qualifuing the anomey-in-fact named therein to
execute bonds, undenakings, recognizances, or ottrer sureq,ship obligations on behalf of the Company, and to affx the
corporate scal of the Company to porrers of attomey exccutod pusuatrt hereto; and said ofEcers may remove any such
anomey-in-fact and revoke any power of attomey previously granted; and further
RESOLVED, that such power of anorney limis the acts ofthose tramed thercin to the bouds, undertakings, recognizances, or
other sureqship obligations specifically named therein, and they have no authority to bird the Company except in the llanner
and to the extcnt thercin stated; and further
RESOLVED, that such power of attorney revokcs all previous powers issued on behalf of the attomey-in-fact mmed; ard
funher
R-ESOLLED, that the signanrre of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorncy or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or
other suretyship obligation of the Company; and such signature and seal whea so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes hfiein stated the facsimile signah[e of any
persotr or persors who shall have beeu such officsr or officers of the Company, ootwithstauding the fact that they may have
ccased to bc such at thc time when such instruments shall be issued.
caused these to be signed and attested by its app.opriate officers and its
20r6
Berk Insurance Com
(Seal)By
derman Hafier
Senior Vicc President & Sccretary Prcsident
WAR\-[NG: THIS POI!'ER INVALID IF NOT PRINTED O:i BLUE "B RKLEY" SECURITY PAPER.
IN MTNESS WHEREOF. the CompErlhas
corporate seal hereunto affixed this pilaV of
STATE OF CONNECTICUT )
) ss:
couNTY oF FATRTTELD \ , _4_
Swom to before mc, a Notary Public i! tbe Statc of Comectrcul, this :2i day of
,effrcy M. Hafrer who are swom to me to be the Senjor Vicc Prcsident and Sscre a d the Sen
MARIA C. BUNOEAKEN
NOTARY PUBLIC
MY CONiiMISSION EXPIRES
APBTL90,20t9
CERTIFICATE
2016, by lra S. Lederman and
ior Vice ]'rls idenr rcaDcctivElv. of
c Z.ltJ.,\Bcrkley Insurancc Comparl,
Noury Public, State olConnecticut
I, thc undersigaed, Assistant Secrdary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correcr
and complete copy of the original Power of Attomey; that said Power of Aftomey has not becn revoked or rescinded and that the authority of the
Attomey-in-Fact sct forth thcrcin, who executed tle bond or undcrtating to which this Power of Attomey is attached, is in full force and effect as
ofthis date.
Given under my hand and seal ofthe Company, this 25th day of ul 201
(Seal)
Vincent P. Forte
Atrest:
Ira S.
16.A.14.b
Packet Pg. 716 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
Please verify the authenticity of the instrument attached to this Power
by:
Toll-Free Telephone: (800) 456-5486; or
Electronic Mail: BSGInqu i ryCrlr b erk ley surety. c om
Any written notices, inquiries, claims or demands to the Surety on the bond
attached to this Power should be directed to:
Berkley Surety Group
412 Mount Kemble Ave.
Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: BSGClaiqt@ berkleysurety. com
Please include with all communications the bond number and the name of the
principal on the bond. Where a claim is being asserted, please set forth generally
the basis of the claim. In the case of a payment or performance bond, please also
identi! the project to which the bond pertains.
Berkley Surety Group is an operating unit of W. R. Berkley Corporation that
underwrites surety business on behalf of Berkley Insurance Company, Berkley
Regional Insurance Company and Carolina Casualty Insurance Company.
16.A.14.b
Packet Pg. 717 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
MATTA]VIY NAPLES LLC
ACTION OFTHE SOLE MEMBER AND MANAGER
WHEREAS, Section 5.3 of the LLC Agr€ement authorizes the Manager to appoint officers to 8ct
on behalfof the Company; and
WHEREAS, lhe Manager desires to appoint new ofticers ofthe Company;
NOW, THEREFORE, BE lT RESOLVED, ihat the following named individuals be and hereby
arc appointed as oflicers of the Company, to hold the oftice s€l fo(h opposite their name until rcmoved
by action of the Manager or until such officer sooner dies, resigns, or becomes disqualified:
Matthew O'Brien Vice President
Timothy Murray Assistant Vice President
FURTHER RESOLVED that, in conn€ction with the day-to{ay business operations of dre
Company, the foregoing oflicers be and hereby are euthorized in the name and on behalfofthe Company to
uke any and all lawful actions in connection with the business of the Company, and to execute and deliver
any and all agreements, contmcts or other documents to carry out the business ofthe Company.
WITNESS the execution hereofto be effective as ofJune 3, 2016, regardless ofthe actual date of
signing. This instrument may be signed and delivered by lacsimile or other functionally equivalent
means.
SOLE MEMBER AND MANAGER:
MATTAMY FLORIDA LLC,
a Delaware limited liability company
By: Calbcn (Florida) Co
Flo
o
a
a
Member
B
I Leiferman
Pres ident
The undersigned, Matlamy Florids LLC, a Delaware limited liability company, constituting the sole
member and manager ('Manager") of Mattamy Naples LLC, a Delaware limited liability company (the
'Company"), in accordance with the Company\ Limited Liability Company Agr€ement dated March 10,
2015, as amended (the "LLC Agreement), docs hereby take the actions set forth below:
16.A.14.b
Packet Pg. 718 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)
Project Arborelum
.Job f MHA
Calculated by: Rl
Oate:31231201a
Arboretum
ENGINEER'S CALCUTATION OF PERFORMANCE GUARANTEE TOR COLLIER COUNTY EXCAVATION PERMIT
Calculations
Reference: Section 22-llsla'l Code of Lows ond Ordinonces of Collier County, Florido
Performance Guarantee Requirements:
- No less than 525,000.00
- No Sreater than S1,000,000.00
- Amount per linear foot of lake bank is calculated as:
S20.00 per linear foot for sand
5100.00 per linear foot for rock
Calculate weighted aveBte for sand/rock:
Total Depth = 20 feet
Average Depth of Sand = 20 feet
Average Depth ol Rock = 0 feet
Control Elev = 2 20' NAVO
Weighted Average Amount Per Linear Foot of Lake Bank =( 20.00 x 20) + ( 100.00 x 0)
20.00 +0.00
Lake
Number
Lake Eank
(rF)
Amount per LF
Lake Eank
Amount of
Guarantee
1 2,ro7 s20.00 s42,140.00
Ex Lake 430 S2o.oo s8,600.00
s0.00
So.oo
TOTAI.s50,7/D.00
Enrinecr's Certmcatlon
The above calculations are computed on the basis of:
1. The Collier County Excavation Ordinance,
as codified in Sedion 22-Ll5lal Code ol Lows ond Ordinonces ol Collict County, Florido
2. Construction Plans for Arboretum (P12017oo02771)
3, lnformation p.ovided bythe Geotechnical Exploration Reports dated 3/3/2016, BorinBs # 9, 10 & 11
4. Length of Lake Bank is measured at control elevatlon,
5. Length of the Existing Lake Bank only includes the south bank which is being excavated.
,r:\i\#
Matthew r. Hermanson, P.E.
Florida P.E. License No.57008
G:\Engineeins\PROJ-E NG\M\MHA\050P\025DP\Etc.vatio.\Exc Goar.ntee ail6 R 1-201E.03.23
Q-Gradg Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
239-947 -7144
=l sroml
16.A.14.b
Packet Pg. 719 Attachment: Bond Basis (10975 : Excavation Bond Release - Arboretum)