Agenda 01/28/2020 Item #16A 3 (Clerk release of Performance Bond - Seychelles)01/28/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$243,904 which was posted as a guaranty for Excavation Permit Number PL20180002459 for work
associated with Seychelles.
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 Seychelles. The As-Built lake cross sections have been received and
the lakes were inspected on December 12, 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 $243,904. 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.3
Packet Pg. 1202
01/28/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 11124
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $243,904 which was posted as a guaranty for Excavation Permit Number
PL20180002459 for work associated with Seychelles.
Meeting Date: 01/28/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/16/2019 9:56 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/16/2019 9:56 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/16/2019 10:11 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/16/2019 10:49 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/16/2019 1:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/16/2019 2:31 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/16/2019 6:32 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/26/2019 9:59 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/26/2019 2:42 PM
Growth Management Department James C French Deputy Department Head Review Completed 12/27/2019 5:41 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/07/2020 9:11 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/07/2020 9:25 AM
Grants Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/07/2020 11:26 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/08/2020 7:49 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/21/2020 11:52 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
16.A.3
Packet Pg. 1203
SEYCHELLES
LOCATION MAP
16.A.3.a
Packet Pg. 1204 Attachment: Location Map (11124 : Excavation Bond Release - Seychelles)
THIS EX
EXCAVATION PERFORMANCE AGREEMENT
CAVATION PERFORMANCE AGREEMENT entered into this 6r day of
fu,.*tu-n 2018 between Neal Communities of Southwest Florida. 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.'10 (collectively, the "Excavation
Regulations"); and
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. P120180002459. (the
"Excavation 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").
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
1
2
3
4
5
6
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereofl in the amount of
$243.904.00.
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.
16.A.3.b
Packet Pg. 1205 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
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.
SIGNED IN THE PRESENCE OF
b Cou
Printed me
James R. Schier, Manager
7
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this {an day of fuaz*k-.' ,20 lA
C
,0.9!;
Printed Name
ATTEST:
PriscillaG.HciB
BOARD OF COUNTY COMMISSIONERS
cc5skc( K, Ki..zLl., CLERK
By
Deputy Clerk
App a form and legality:
Scott A. Stone
Assistant County Attorney
, FLORIDA
4
as designee of the Counry Manager
pursuant to Resolution No. 20 l5-162
OF
By:
16.A.3.b
Packet Pg. 1206 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
Exh;L;*)1 ',
Bond No. CS2160605
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC
5800 Lakewood Ranch Blvd.
Sarasota, FL 34240
(hereinafter referred to as "Ownef') and
Great American lnsurance Company
301 E Fourth Street, Cincinnati, OH 45202
(513) 369-s000
(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 Two hundred forty three thousand nine hundred and
four dollars ($243.904.00) in lalvful 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 excavation permit no. PL20180002459 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 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.
PROV|DED, 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 parties hereto have caused this PERFORMANCE BOND to be
executed this 2oth day of November. 2018.
ESSES:
Printed Name Priscilla G. Heim
Neal Co nities of Sout st Florida, lnc.
By:
James R. Schier, Vice President
(Provide Proper Evidence of Authorlty)
Printed Name Je^fr**
16.A.3.b
Packet Pg. 1207 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
Bond No. CS2160605
ACKNOWLEDGEMENT
STATE OF
COUNry OF
IDENTIFICATION
Nota
nr/L
Z?oev o FFORE ME THIS
mmunities of So
t";
ODUCED
ln rance Com an
AS
(SEAL)
Printed Name
WIT
Priscilla G. Heim
S Great A
By
Dorcas Rivera
rt
=aA
Mary Martha Langley, Attorney-in-Fact
(Provide Proper Evidence of Authority)
Elizabeth Posada
ACKNOWLEDGMENT
STATE OF FLORIDA
OUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 2OTH DAY OF
November,2018 , BY Marv Martha Lanqlev AS Attornev-in-Fact O F Great A erican lnsurance Co moanv
WHO IS P FRSO NALLY KN TO I\ilF OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of Florida
(SEAL)
c H RYL L S P I E LB ERGE RNOTARYPUBLtc
S TA T E o F FLO R DA
N o G G 235937
t\rY c0 It1 l\l rss r0N EXPIFES AUG,07 2022
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16.A.3.b
Packet Pg. 1208 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
GREAT AMERICAN INSURANCE COMPANY@
Administrative office: 301 E 4TH STREET o clNclNNATl, oHlo $2O2 . 513-369-5000 o FAX 513-723-2740
The number ofpersons authorized by
this power of attomey is not more than FOUR
No. 0 205'17
POWEROFATTORNEY
KNOWALLMf,NBYTHESEPRESENTS: ThattheGREATAMERICANINSURANCECOMPANY,acorporationorganizedandexistingunder
and by virtue ofthe laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually ifmore than
one is named, its true and lawful aftomey-in-fact, for it and in its name, place and stead to execute on behalfofthe said Company, as surety, any and all bonds,
undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any such bond,
undertaking or contract ofsuretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Porver
ALLFREDERIC M. ARCHERD, JR.
TANYA L. RUSSO
RICHARD P, RUSSO, JR.
MARY MARTHA LANGLEY
ALL OF
TAMPA, FLORIDA $100,000,000
This Power ofAttorney revokes all previous powers issued on behalfofthe attorney(s)-in-fact named above.
lN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 14TH day of OCTOBER , 2015
Attest GREATAMERICAN INSURANCE COMPANYt$c c C*tC/kl"t
Assistant Secretqry Divisional Senior Vice Presidenl
STATE OF OHIO, COUNTy OF HAMILTON - ss: DAV|D c. KrrCHtN (877-377-24os)
Onthis 14TH dayof OCTOBER , 20'15 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great
American lnsurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal
allixed to the saicl instrument is such corporate sea[; that it rvas so affixed by authority ofhis offlce under the By-Lar.vs ofsaid Company, and that he signed his
name thereto by like authority.
$trilA.lGhcd
ilo$nflq$f d0rlo
ttyCortlfirEgtt!Gltflt /**-A41",'"r
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisiornl Senior Vice Presidents, Divisional Wce Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other \)ritten obligations in the nature thereof; lo prescribe their respeclive duties and
the respective limits oftheir aulhority; and lo revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid fficers and any Secretary or Assistant Secretary of the
Company may be afixed by Jacsimile to any povler of attorney or cert$cate of eilher ghtenfor the execution of any bond, undertaking, contracl of suretyship,
or other vritten obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch
fficer and the original seal oJ the Company, to be valid and binding upon the Company with the same force and effect as though manually afixed.
CBRTIFICATION
l, STEPHEN C. BERAHA, Assistant Secretary of GreatAmerican Insurance Company,
the Resolutions ofthe Board ofDirectors ofJune 9. 2008 have not been revoked and are now in full
do hereby certi8/ that the
force and effect.
Signed and sealed this ,e918t$c c t
s1029AF (06/15)
29Y1- o"vor 1)612,alot&
Assistanl Secrelqry
Iirrcgoirrg Illrrverr ol ,\l[or'rtcv and
ffi
ffi
ffi 4.'.,
16.A.3.b
Packet Pg. 1209 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
12t5t2014 Detail by Entity Name
DtvtstoN oF CoRPoRATloNs
a/,jrt:/2l,otg Ui2Ulu|!'lU!li
Dgp3d0gd-olsla& / Dlvision of CorBoralols / Search Records / Detail By_DoellDellXunlel /
Detailby Entity Name
Florida Limited Liability Company
NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC
Filing lnformation
Document Number 109000120732
FEI/EIN Number 27-1576866
Date Filed 1211812009
Effective Date 10/19/1995
State FL
Status ACTIVE
Last Event CONVERSION
Event Date Filed 1211812009
Event Effective Date 1213012009
Princip3!-./k!!tcss
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Changed: 0311512013
Mailing Address
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Changed: O311512013
Begistered Agent Name E Address
SCHIER, JAMES R
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Address Changed: 031 1 51201 3
Authorized Person(9) Detail
Name & Address
Title MGR
NCDG i/ANAGEMENT. LLC
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
http://search sunbiz org/lnquiry/corporationsearch/searchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=NEALcoM
1t4
16.A.3.b
Packet Pg. 1210 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)
12t5t2018 Detail by Entity Name
Title P
STOREY MICHAEL A
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
SCHIER. JAMES R
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title S
HEIM, PRISCILLA G
58OO LAKEWOOD RANCH BLVD
Sarasota. FL 34240
Title VP
Greenberg, Michael
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
TitIE VP
Sochar, l\ra rk
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Puente, Carlos
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Cioffi, Kathy
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Clark, Chris
58OO LAKEWOOO RANCH BLVO.
Sarasota, FL 34240
Title VP
Collier, John
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
http://search.sunbiz org/lnquiry/corporationsearch/searchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=NEALCOM
2t4
16.A.3.b
Packet Pg. 1211 Attachment: Bond Basis (11124 : Excavation Bond Release - Seychelles)