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Agenda 03/24/2020 Item #16A 8 (Bond Release - Panther Island Mitigation Bank Expansion)03/24/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $764,820 which was posted as a guaranty for Excavation Permit Number 59.720-1, PL20160001369 for work associated with Panther Island Mitigation Bank Expansion. 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 Panther Island Mitigation Bank Expansion. The As-Built excavation report has been received and the mitigation bank has been inspected on February 11, 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 $764,820. 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.8 Packet Pg. 128 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 11683 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $764,820 which was posted as a guaranty for Excavation Permit Number 59.720 -1, PL20160001369 for work associated with Panther Island Mitigation Bank Expansion. Meeting Date: 03/24/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/14/2020 9:27 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 02/14/2020 9:27 AM Approved By: Review: Growth Management Development Review Chris Scott Additional Reviewer Completed 02/14/2020 9:49 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 11:24 AM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/18/2020 5:10 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:31 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/21/2020 1:40 PM Growth Management Department Matthew McLean Additional Reviewer Completed 02/21/2020 4:08 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 4:48 PM Growth Management Department James C French Deputy Department Head Review Completed 02/21/2020 6:48 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 03/02/2020 4:19 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/02/2020 5:11 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 7:57 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/09/2020 4:30 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:34 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.A.8 Packet Pg. 129 PANTHER ISLAND MITIGATION BANK EXPANSION LOCATION MAP 16.A.8.a Packet Pg. 130 Attachment: Location Map (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this lOt day of Ja.,^'.,, "1,. .a 20 l? between Southwest Flori a Wetland, J.V. hereinafter referred to as OevaopflanO t h-e Bo ard 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 Excavatron Performance Security Agreement stating applicant will comply with the Excavation Regulations and Excavation Permit No. 59-720-1 (the "Excavation Permit"). il 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 $764,820.00. 3. 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. 4. 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. 5. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer rn 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 refusar 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. 6 ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such fairure, the county Manager or designeemay call upon the excavation performance security to secure satisfa-tory 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 16.A.8.b Packet Pg. 131 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) 7 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. FLORI J.V executed by their duly authorized represe lN WITNESS WHEREOF, the Board and Develo ntatives this ' rOef b*t day of have caused this Agreement to be r)20 t1 By: Printed Name sig,fu-..*,,4 Printed Name ATTEST: DWIGHT E. BROCK, CLERK By Deputy Clerk Ap as to form and I egality: Scott A. Stone Assistant County Attorney DAVID L. JOHN AUTHORIZED REPRESENTATIVE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, By: as designee of the County Manager pursuant to Resolution No. 201 5- 162 lrl,i/ /[LLe,^L,1,"1,, f,,{.\.rhl k J SIGNED IN THE PRESENCE OF:Sign:-SX- Y\, . V-...\o --T- i\r , .k- 16.A.8.b Packet Pg. 132 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) €lv r'1 ru r 7 ,,A BOND No. 106506915 PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: thAt SOUTHWEST FLORIDA WETLANDS, J.V 10097 Cleary Boulevard, Suite 303 Plantation, FL33324 (hereinafter referred to as "Ownef') and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA One Tower Square Hartford, CT 06183 (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 Seven Hundred Sixtv Four Thousa.nd, Eioht Hundred Twentv Dollars ($764,820) in lawful 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. 59.720-1 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. 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 referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. hereto have caused this PERFORMANCE BOND to belN WITNESS WHEREOF, the parties executed this 8th dav of Qecember, 2016 WITN ES ES H.ch<\- SOUTHWE DS, J.V me: [1s-LDS-016il/11s3600/11 Ar, -[< BY David L 16.A.8.b Packet Pg. 133 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) BOND No. 106506915 STATE OF FLORIDA COUNTYOF Flcc."\c,.- THE FOREGOING PERFORMANCE BOND WAS ACKNoWLEDGEo BEFORE ME THIS ll" DAY OF 20r AS Authorized Aqent OF Southwest FloridaW;tlands JV PER NALLY KNOWN TO M AS IDENTIFICATION Notary Public - State of Ii I o.' , I c,.- (SEAL) Printed Name N\. "l-.-\- L\. . SSES nted Name: Lorrai -r? ,\. , "i<1 -Mu SURETY T Casua an ure Company of Arnerica By A. Mo ttorney-ln-Fact t1r,r* /rl: PrintJd Namtfisti Tulin ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8th DAY OF December, 2016 BY Charity A. Moser AS Attorney-ln-Fact OF Travelers Casualty and Surety Company of America,WHO IS PERSO NALLY KNOWN TO ME , OR HAS PRODUCED AS Nota Public - State of Florida (SEAL) Printed Name l4-Els-02650/7 'ut8y t,?r4! rPlr)rp Sta{lFlrg tlt090 ll , uoltquJoc tl02 sr rox lr,t(rl u.!o3In eprrotj lo.rtt!. a a lleott ,cru(Bt l{l t uuut{r, BomB MY COMM|SS|oN I FF 941634 EXPIRES: &lil6,2@0 Bon .d Ttru lblrl Prbb thd.rribG [15-LDS-01664/11s3600/1] ACKNOWLEDGEM ENT OR HAS PRODUCEO - '-:r IDENTIFICATION, 16.A.8.b Packet Pg. 134 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) ,-, TRAVELERSJ ATTORNEY IS INVALID WITHOUT THE RED BOHDER POWER OFATTORNEY 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 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 Ttavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Tlavelers 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 0 7 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 Uniled 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. Hombeck II. Kristin M. Neiert, Marc E. Williams, Stephen J. Benza, Charity A. Moser, and Dawn Y. Colecchio of the City of Naples , State Florida their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge 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 corporate seals to be hereto affixed, this -5th day of October 20t6 State of Connecticut City of Hartford ss.Robert L. Raney, Senior President on this the 5th 6u, o1 October 2016 , before me personally appeared Robert L. Raney, who acknowledged himselfto 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 behalfof 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. c Marie C. Tetreault. Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY lS INVALID THE By: ficomRAO r951 .{#@@ @ 16.A.8.b Packet Pg. 135 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) WARNING: THIS POWER OF ATTORNEY tS |NVAL|D WTTHOUT THE RED BORDER This Power of Attomey is granted under and by the authority of the following 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 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, 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 Secontl 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 Vice 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 ofAttorney 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, 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 do hereby certify that the above and foregoing is a true and colrect copy of the Power ofAttomey executed by said Companies, which is in full force and effect and has not been revoked. C}lA IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this C) day of 'lXcembr.,(,lk { Kevin E. Hughes, Assistant To verify the authenticity of this Power ofAttorney, 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. lccpmm 1951 'tffi$@ffiffi 16.A.8.b Packet Pg. 136 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion) WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following 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 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, 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 vaiid 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 Vice 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 Attorneys-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 Attorney or to any certificate relating thereto appointing Resident Vice Presidents, ResidentAssistant Secretaries orAttomeys-in-Fact for purposes only ofexecuting 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, ofFarmington 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, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fideliry and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power ofAttomey executed by said Companies. which is in full force and effect and has not been revoked. aJtr\ IN TESTIMONY WHEREOF, I have hereunto set my hand and aftixed the seals of said Companies this (-J day of 'lkcernV:{,lk /* f /44 To verify the authenticity of this Power of Attorney, cail l-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. ilconiml@ 1951 f,aL {#@ffiffi 16.A.8.b Packet Pg. 137 Attachment: Bond Basis (11683 : Excavation Bond Release - Panther Island Mitigation Bank Expansion)