Agenda 02/11/2020 Item #16A 7 (Release of Performance Bond - Anguilla at LaMorada)02/11/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$25,000 which was posted as a guaranty for Excavation Permit Number PL20180000954 for work
associated with Anguilla at LaMorada.
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
their commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Anguilla at LaMorada. The As-Built lake cross sections have been
received and the lakes has been inspected on January 2, 2020 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 $25,000. 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. Bond Basis (PDF)
16.A.7
Packet Pg. 201
02/11/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 11239
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number PL20180000954
for work associated with Anguilla at LaMorada.
Meeting Date: 02/11/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/02/2020 4:00 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/02/2020 4:00 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/03/2020 11:27 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/06/2020 12:21 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/06/2020 12:46 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/08/2020 4:13 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/13/2020 8:23 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/13/2020 8:47 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/13/2020 9:03 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/14/2020 9:48 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/21/2020 10:06 AM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/21/2020 10:11 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/21/2020 10:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/21/2020 2:08 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/04/2020 12:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/11/2020 9:00 AM
16.A.7
Packet Pg. 202
ANGUILLA AT LAMORADA
LOCATION MAP
16.A.7.a
Packet Pg. 203 Attachment: Location Map (11239 : Excavation Bond Release - Anguilla at LaMorada)
lr"rt'
EXCAVATI ON PERFORI\,4ANCE AGREEIV1ENT
HIS EXCAVATION PERFORI\iIANCE AGREEIVIENT entered into this It day of
2018 between Lennar Homes LLC hereinafter referred to as "Developer," and
thd board of County Commissioners of Col ier 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. PL20180000954 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mulual 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").
2. Developer herewith tenders its excavatjon performance security (attached hereto
as Exhibit "A" and by reference made a part hereof)in the amount of $25,000.00
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 lvlanager 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
3
4
6
1
16.A.7.b
Packet Pg. 204 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
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 thjs
Agreement.
7. All of the terms, covenants and condit ns herein contained are and shall be
pective successors and assigns ofbinding upon Developer and the
Developer.
executed by their duly authorized representatives this
lN WITNESS WHEREOF, the Board and Devel rha
da
ve caused this Aoreement to be
y or Auoug ,20 /g .
SIGNED IN THE PRESENCE OF:
Lennar es, LLC
Printed Na,,,e
ATTEST:
Crystal K. Kinzel,CLERK
By
Clerk
Ap ved as to form and legality
Scott A. Stone
Assistant County Attorney
By
Darin [\IcMurray
Vice President
Lennar Homes, LLC
BOARD OF COUN'IY COMMISSIONERS
OI-'COI-LI cor.l N FI,ORIDA
B1
as designee of the County Manager
pursuant to Ilesolution No. 20 I 5- 162
2a de (
Printed Name
Sig n
Sign:
/-4.ru-
16.A.7.b
Packet Pg. 205 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
FIDELITY GUARANTY AND ACCEPTANCE CORP.
7OO NW 107 AVENUE - SUITE 204
MIAMI, FLORIDA 33172
PHONE (305)553-8724
Il
DATE OF ISSUI:
PLACE OF EXPIRY:
DATE OF EXPIRYT
IRREVOCABLE STA\DBY LETTER OF CREDIT NO. I,'C,\C-I835I
FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER")
7OO N\I IO7lH AVENUE. SUITE 204
MIAMI. FLORIDA JJ I72
PHONE (30s) ssJ-8724
JULY 3r,2018
AT ISSUER'S COUNTERS LOCATED AT 7OO NW IO7 AVE, SUITE 204
MIAMI, FLORTDA 33I72
APPLICANT:LENNA R IIOMES, LLC. (HEREINAFTER "DEVELOPER")
IO.18I BEN C PRATT. SIX MILE CYPRESS PARKWAY
FORT MYERS, FLORIDA ]3966
ISSTJER:
BENEFICL{RY:
NAPLES, FL 3.t104 '
TTIE BOARD OF COT,NTY CONIM ISSIONERS,.COLLIER COU\TY, FLORIDA
(HERLI\AFTIR'BE\EFICI{R\ ")
C/O GROWTH MANAGEMENT DEPARTIIIENT'
28OO NORTH HORSESHOE DItIVi]
UP TO AN AffRf,GATE AMOUNT OT.$?5,OOO.OO (TWENTY FIVE THOI}SAND AND
00/100 t S DOLLARS)
ANGUILLA AT LAMOR{DA
(LAKES # I EXC.{VATION)
CREDIT AVAILABLE
WITH:tSSUL,R
BY:
DOCUMENTS REQUIRED: AVAIL-A.BLE BY BE\EFICIARY'S DR{FT(S) AT SICHT DRAWN ON TtlE ISSUER
AND ACCOMPANTf,D BY BENEFICIARY'S STATENIENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER
OR DESICNEE, CERTIFYING THATI
PAYMtrNT AGAINST DOCTJMtrNTS
DRAFTS AT SIGIIT DRAWN ON THE
. D,ETAJLED ,HEREIN AND BENEFICIARY'S
lssufR.
"LENNAR HO}IES, I,LC HAS FAILED TO CONSTRUCT AND/OR }IAINTAIN THE EXCAYATION
IMPROVE}IENTS ASSOCIATED WITH EXCAVATION PERNIIT NO. PL2OI8OOOO2O3, OR PRIOR TO THE
DATE OF EXPIRY FINAL APPROVAL OF THE EXCAVATION HAS NOT BEEN CRA\TED BY COLLIER
COU\TYAS REQTJIRED BY COLLIER COUN]"TY ORDINANCES AND Rf,SOLUTIONS, ANDTHEAPPLICANT
FAILED TO PROVIDE THE COUNTY WTTH A SATISFACTORY ALTERNATIVE PERFORMANCE
SECURITY.'
DRAFT(S) DRAWN UNDER THTS LETTER OF CREDIT SHALL. BE MARKED: .DRAWN UNDER. FIDELITY
CUARANTY AND ACCEPTANCE CORP. CREDIT NO, FGAC-I8]5I, DATED JULY 3I, 2018." THE ORIGINAL
LETTER OF CREDTT AND ALL AMENDMENTS. IF A\Y, I\{UST BE PRESENTED FOR PROPER ENDORSEJ\IENT.
DRATT(S) MAY BE PRESENTED WITHIN THf, STATE OF FLORIDA AT THE FOLLOWINC ADDRESS:
FIDELITY GUARANTY AND ACCEPTANCE CORP.
7OO NW 1O7TH AVENUE. SUITE 204
MIAMI, FLORIDA 33I72
Exh'b,l tf /'
A]!IOTJNT:
RE:
THIS CREDIT SIIA.LL BE VALID T]NTIL JULY 31,20I9, AND SHALL THEREATTER BE
ATJTOMATICALLY RENEWOD I,'OR SUCCESSM ONE-YEAR PERIODS O^.- THE
ANNIVERSARY,OF THf, ISSUE UNLESS AT.LI,AST SIXl'Y (60) DAYS PRIQB.TO ANY
SUCH ANNIVf,RSARY DATE, THE ISSUER NOTIFIES THE BENf,,FICIARY IN
WRITING BY REGISTERED MAIL THAT THE ISSUER EI,ECTS NOT TO SO RENEW
TIIIS CREDIT,
16.A.7.b
Packet Pg. 206 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
FIDELITY GUARANTY AND ACCEPTANCE CORP.
7OO NW 107 AVENUE SUITE 204
MIAMI, FLORIDA 33172
PHONE (305)553-8724
THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. FGAC-I835I PAGE 2
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO
ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHTCH THIS LET'TER
OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPOR]4TE HEREIN BY
REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAI.'T(S) DRAWN UNDER AND IN COMPLIANCE
WTTH TTTE TERMS OF TIIIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN THE
VALIDITY OF THIS CRf,DIT.
THIS CREDIT IS SUBJECT TOTHE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
REVISION) INTERNATIONAL CIIAMBER OF COMMERCE PUBLICATION NO. 6{M-
FIDELITY GUARANTY AND ACCEPTANCE CORP.
( dV,-tAct;**
t
JACQT.ELI\E D.E SOLZ,\. \'ICE PRESIDE\1'
16.A.7.b
Packet Pg. 207 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
FIDE''" o',y'o-)iii{rft!,i
},!;SLIANCE
coRP IPHoNE (305)553-8724 EPTAN "
\t (;I sT 2q. 20tR
IRREVOCABLE S'I"ANDBY.LETTIiR OF CREDIT NO. FEAC-I8J5I
BENtIFICIARY: THE BOARD OF CO[;N'IY CONI\I ISSION ERS, COLI-lER COUN-I\'. FLORIDA
Y")
DEP
ACCEPIANCE CORP F DELITY G1,]AFN.\.ITY A\D ACCETTAN'E CORP
NAPt-ES. FI- 34t04
APPI.ICANTT LENNAR HOI\IES, Lt{]. (HEREIN! i"IER "DEVELOPER")
l0:AI BE\ C PRATT. SIX LILE CYPRESS PARKWA\
}OR] }IT LRS. FLORID.\ JJ966
' ANrouNr: -
;;1,;fl.tlti,S.i&:ArE ANrouNr or sri,ooo.oo (rwENry FrvE TH-oi,'sAND
^ND
GENTLENIEN:
. TO ANIE,ND LETTER OF CREDI'I'NO. FGAC.I83sI AS ISSTJED IN YOT]R FAVOR.
TIIIS {\IE\D\IE\T IS A\ I\ILCRAL P\R] (}[ tHE ORI(;I\AI- ('REDIT. ALL OTHER TER\IS A\D
coNDrrro\s orrHE LETTER oF CREDIT INCI-uDING pRrvtous a IrloltENTs RE\,tAlN uNCHANccD.
A\IENDED TERMSI
'i
THE FOLLOWING LANCT]AGE IS ADDED:
PRESENT.\'TIO\S }IAY BE },IADE B} CERTIFIED OR REGIS'I'ERED }IAIL. RETURN RECETPT
REQUESTED OR B}'FI'DERAL EXPRISS OR.,{.NY OTHER NATIONALLY RECOGNIZED COURIER ..
COMPANY.
I\INIEDIATE \OTIFICATIO,\ \IT ST BE GIYE\ 'I'O LS I-E THIS A}IE]"JD}IE\T IS NOT,{CCEPTED.
Tllls Is AllF\D\lL\ r \o. l.
VERY 'TRULY YOt]RS.
T ID[,t,tT} GLAR{N'tY A\D ACCEPTANCE CORP.
F]DE:II? GLJARAN TY tND A'CEP'A\CE CORP
FIOEL Iv CJAilAlrll Ar.lD ACaEP-ilaE aOBl I'iOE OACCEPTANCE COFP i]DEL}iY GUAFA\]I1A']D ACCEPIANC!
'CF?
PTAtlaa COFF a taliaYGllApA\TY AliiD ACCIPTANC! ClFo alOEL]lv GUABANT AUD ACC{ plArtCa aOAP r DIL|IY GllaA\lY A',rtr ,\COE PtA\na aOBq
PRESIDENT
EPri!at coFP.iDELi €I]AFANN'A\i) ACCEPTANCE COFA ID€L TY GUASANTVAND ACCEP]A\C€ CqAP i]OFLIIY GUAFA\N A\D ACCEP'A,\CE CCBP
JACQ
TIOELITY GUl! NTY ND ACCEP'a\C: CO,IP t DELlif GUAFANTY ANDACCEPTANCE COnP FID€aitY OUABANTY AND ACaIPTANCE COSP;iDELITY GUAFAT.JI-v A\D dOCrPIANCE CCB!
FID€LTY GUAFAl]rv ANU ACCEP-+\CE COFP FrDELlry GUAII,A\TY ANO
^CCEPIANCE
COFP F,DEIiry GUAFANTY AND.ICCEF_ANCE CORP llDEL,1Y CUARAiIIY 4!D ACCEPTiTr..CE aCR?
FIDELITY GUAP.ANII I\ND ACCePri.\aE COFP F DELrry GUARANTY ANO ACCaPTI\NCE CORP FIDE-|IY GUAFANTY AtnD T1aCEPTANCE CQRP nlOELliY GtT FA\r A\D ACCEPIANCE CaF:
16.A.7.b
Packet Pg. 208 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
4t15t2018
-.-l-\
Detail by Entity Name
D!'t!i!()!i rJ
Cr-,i*ri,i,-'J'fLtt)
DrvrsroN oF CoRPoRArroNs
Oep34Mf-QrctalC / Drvrson of CorpgGllpls / Search Records / Detail By-QqcUOelLN!!0DeI /
Detail by Entity Name
Florida Limited Liability Company
LENNAR HO[,4ES, LLC
Filing lnformation
Document Number L06000114706
FEUEIN Number 59-0711505
Date Filed 1'113012006
Effective Date 0111811954
state FL
Status ACTIVE
Last Event LC AMENDMENT
Event Date Filed O4l3Ol2O15
Event Effective Date NONE
Principa!_./k&!Icss
7OO N,W. 1O7TH AVENUE
SUITE 4OO
MtAtvll, FL 33172
Changed: O4lO2l2O14
Mailing Address
7OO N.W. 1O7TH AVENUE
surTE 400
MIAMI, FL 33172
Changed: 0410212014
Eggistered Agent Name & Addross
C T CORPORATION SYSTEM
12OO S. PINE ISLAND RD.
SUITE 250
PLANTATION, FI33324
Address Changed: 03131 12010
Authorized Person(9) Detail
Name & Address
TitIC MGRM
U,S. HOME CORPORATION
http.//search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inqui rytype=EntityName&directionType=lnitial&searchNameOrder=LENNAR
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itritiy-;org
16.A.7.b
Packet Pg. 209 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
8t15t2018
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MtAtv , FL 33172
Title CEO
I\,1ILLER, STUART A
7OO N,W. 1O7TH AVENUE
SUITE 4OO
[ntAMl. FL 33172
Title CFO
GROSS, BRUCE
7OO N,W 1O7TH AVENUE
SUITE 4OO
MlAl\ill, FL 33172
Title PRES
BECKWITT, RICHARO
1707 MARKETPLACE BLVD., SUITE 270
IRVING, TX 75063
Title VP/S/GC
SUSTANA, MARK
7OO N,W. 1O7TH AVENUE
SUITE 4OO
MIAMI, FL 33172
Title VP
Feder, Eric
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MtAMt, FL 33172
Title VP
Bavouset, James S
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MtAMt, FL 33172
Title VP
GABOR, STEPHEN
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MIAMI, FL 33172
Tltle VP
Detail by Entity Name
httpr/search.sunbiz.org/lnquiry/CorporationSearch/Search ResultDstail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=LENNAR
2110
16.A.7.b
Packet Pg. 210 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)
8115t2018 Detail by Entity Name
GONZALEZ, CARLOS
7OO N,W. 1O7TH AVENUE
SUITE 4OO
lV IAI\,,11, FL 33172
Title VP
GROSS, BRUCE
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MIAMI, FL 33172
Title VP
HIGGINS, ERIK R
7OO N.W. ,1O7TH AVENUE
SUITE 4OO
MIAMI, FL 33172
Title VP
HURST, BRYAN
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MtAMt, FL 33172
Title VP
JAFFE, JONATHAN M
7OO N.W. l O7TH AVENUE
sutTE 400
MtAMt, FL 33172
Title VP
MARLIN, CHRISTIAN L
7OO N.W. 1O7TH AVENUE
SUITE 4OO
MIAMI, FL 33,I72
Title VP
MCMURRAY DARIN L
7OO N.W. 1O7TH AVENUE
SUITE 4OO
t\4tAMl, FL 33172
Title VP
McPHERSON, GREG
7OO N,W. 1O7TH AVENUE
SUITE 4OO
http]/search.sunbiz.org/lnquiryiCorporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitia
l&searchNameorder=LENNAR. 3/10
16.A.7.b
Packet Pg. 211 Attachment: Bond Basis (11239 : Excavation Bond Release - Anguilla at LaMorada)