Agenda 02/25/2020 Item #16A18 (Bond Release - Maple Ridge@Ave Maria Phase 6B)02/25/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$48,940 which was posted as a guaranty for Excavation Permit Number PL20180003031 for work
associated with Maple Ridge at Ave Maria Phase 6B.
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 Maple Ridge at Ave Maria Phase 6B. The As-Built lake cross sections
have been received and the lakes has been inspected on January 13, 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 $48,940. 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.18
Packet Pg. 1421
02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Doc ID: 11375
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $48,940 which was posted as a guaranty for Excavation Permit Number PL20180003031
for work associated with Maple Ridge at Ave Maria Phase 6B.
Meeting Date: 02/25/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/17/2020 9:33 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/17/2020 9:33 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/17/2020 1:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/21/2020 9:52 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/21/2020 6:23 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/22/2020 10:08 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/24/2020 1:49 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/27/2020 8:47 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/27/2020 8:50 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/27/2020 9:51 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 02/05/2020 11:26 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/05/2020 11:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2020 1:46 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/06/2020 4:04 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/13/2020 12:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
16.A.18
Packet Pg. 1422
MAPLE RIDGE AT AVE MARIA PHASE 6B
LOCATION MAP
16.A.18.a
Packet Pg. 1423 Attachment: Location Map (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
EXCAVATION PERFORMANCE AGREEMENT
Maple Ridg e at Ave Maria Phase 68 - PL No. 20180003031
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _5th_ day of
October 2018 between CC Ave lilaria, 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 al 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 PL#2O18 0003031 , Maple Ridge at Ave
Maria Phase 68.
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:
1 . Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof)in the amount of $48,940.00
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
,1
4
^
6
16.A.18.b
Packet Pg. 1424 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 5th day of October, 2018.
GC Ave Maria, LLC
SIGNED IN THE PRESENCE OF:
a Florida li liability company
7
Sign A-,UL ft)*
Printed Name [,4^J.,.,^. t.L.o
ATTEST
Crys+.1 K" i<' ,tztl TCLERK
(k.'( f 'lt^t Crr<r,f f,s-..1 + fi^p k,4l.r
(o rlit: (o,^ l'y, ( 1 "'.A 0,.
Approved as to form and legality
A. Stone
ntC nty Attorney
By;
Brian Goguen
Its: Vice PresidenUM
BOARD OF COUNTY COMMISSIONERS
OF
By:
as designee of the County Manager
pursuant to Resolution No. 2015-162
t
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Printed Name c gLt'€ Asgt,-
16.A.18.b
Packet Pg. 1425 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
€il-,b,* ^A
PERFORMANCE BOND
FOR EXCAVATION WORK
For Maple Ridge at Ave Maria Phase 68
KNOW ALL PERSONS BY THESE PRESENTS: that
CC Ave Maria, LLC
2020 Salzedo Skeet, Suite 200
Coral Gables, FL 33134
(hereinafter referred to as "Owner") and
Travelers Casualty and Surety Company of America
One Tower Square, 38
Hartford, CT 06813
(800)873-1477
(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 Forty-eight thousand Nine hundred and Forty
00/100 Dollars ($48,940.00) in lavvful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, adminastrators, 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 whe
the Board a certain Excavation Permit No.
reas. the Owngr-has submitted for approval by
PL#20t800C.3031 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 Owneis
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 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 referrang to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
[1s,LDS-01654/1153600/1]
Bond No. 1068'19623
16.A.18.b
Packet Pg. 1426 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 4th day of October ,2018.
WITNESSES:CC Ave Maria, LLC
a Florida limited liabi lity company
Printed N ame t-Ptt,crz A=e'v-t=By
Brian Goguen,ident
tuLU, (Ll*Print Name/Title
Printed ttame l\zt^lotot^t ?-iI^.r
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF COLLIER *L
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS J ONY OT
_October_,2018, BY_Brian Goguen_Vice President OF CC Ave Maria LLC WHO lS
PERSONALLY KNOWN TO ME.OR IDENTIFICATION
Public - State of Florida
(s"EaL)
ebul
nted Name tvtD-vl )so ".
W ESSES Casua and
-1 9
..1 t
rety Compari.0fT
By:
Printed Na obin Griffin
Charity A. Moser, Attorney-ln-Fact
Printed Name: Kristi Tulin
ACKNOWLEDGMENT
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 4TH DAY OF
OCTOBER ,2018, BY CHARITY A. MOSER AS ATTORNEY-IN-FACT OF TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA, WHO IS PERSONALLY KNOWN TO ME, OR HASPRODUCED AS IDENTIFICATION.
Notary Public - State of FLORIDA
Printed Name
[ 1s- LDS-01664/1 1s3600/1]
ffi KIM D, OAVIDSON
|lolary Public - State of Florida
Commission # GG 154782
My Comm. Expues Feb 19, 2022
Buded lhmirgh Nalional Noiary Ass.
KRISTIN M. NEIERT
MY COMMISSTON # GG 079764
EXPIRES: May 5,2021
Bo{rd€d lt'.u Notary R$Ic UrderwTihls
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16.A.18.b
Packet Pg. 1427 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
WARNING:THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BOBDER
JTffilYELERs?POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Ttavelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Attorney-In Fact No.
229466
certincate *".0 0 7 0 0 3 3 7 5
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut. that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the
laws ofthe State ofWisconsin (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint
Huntley A. Hornbeck II. Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Charity A. Moser. and Dawn Y. Colecchio
of the City of Nanles State ^f Flnrir{q , their true and lawful Attomey(s)-in-Fact
each in their separate capacity if more than one is named above, to sign, execute, seal and acklowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporale seals to be hereto affixed. this -5th
day of October 201 6
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Tiavelers Casualty and Surety Company
Tiavelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
State of Connecticut
City of Hartford ss.
By,
Robcrt L. Raney. Senior President
On this the 5th day of October . 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to
betheSeniorVicePresidentofFarmingtonCasualtyCompany, FidelityandGuarantylnsuranceCompany,FidelityandGuarantylnsuranceUnderwriters,Inc.,St.Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers
Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company, and that he, as such. being authorized so to do, executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021.
e
Marie C. Tetreault, Notary Public
tcm&qID
1951
58440-5-16 Printed in U.S.A.
WARNING: THIS POWEB OF ATTORNEY IS INVALID WITHOUT THE RED BORDEH
ffi'E'{ffi*@ffi ffi
16.A.18.b
Packet Pg. 1428 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)
WARNING: THIS POWEB OF WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the foltowing resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Iilkrancer
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Mce President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power ofAttomey or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, lnc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power ofAttorney executed by said Companies, which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this
g &4nlr."r ,lBday of
{d,-'
Kevin E. Hughes, Assistant
To verify the authenticity of this Power of Attorney, call l-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the
above-named individuals and the details ofthe bond to which the power is attached.
WITHOUT THE RED
xmm4ro
1gsl SAL '{,ffi#@@ffi
16.A.18.b
Packet Pg. 1429 Attachment: Bond Basis (11375 : Excavation Bond Release - Maple Ridge at Ave Maria Phase 6B)