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Agenda 03/24/2020 Item #16A 9 (Bond Release - The Springs at Hammock Cove)03/24/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $60,000 which was posted as a guaranty for Excavation Permit Number PL20170004178 for work associated with The Springs at Hammock Cove. 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 The Springs at Hammock Cove. The As-Built lake cross sections have been received and the lake has been inspected on February 6, 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 $60,000. 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.9 Packet Pg. 138 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 11719 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $60,000 which was posted as a guaranty for Excavation Permit Number PL20170004178 for work associated with The Springs at Hammock Cove. Meeting Date: 03/24/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/18/2020 10:50 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 02/18/2020 10:50 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 11:28 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 02/18/2020 4:10 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/18/2020 5:18 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:30 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/21/2020 1:41 PM Growth Management Department Matthew McLean Additional Reviewer Completed 02/21/2020 4:11 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 4:37 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 4:31 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:35 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 16.A.9 Packet Pg. 139 THE SPRINGS AT HAMMOCK COVE LOCATION MAP 16.A.9.a Packet Pg. 140 Attachment: Location Map (11719 : Excavation Bond Release - The Springs at Hammock Cove) EXCAVATION PERFORIVANCE AGREEIVIENT THIS EXCAVATION PERFORIVANCE AGREEI\IENT entered into this 3tA day ot , 201 8 between tvhrwnit t 4Zz trut ncl tt4- hereinafter referred to as 'Devel oper," 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. PL PL20170004178 (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. 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 hereoO in the amount of $60,000 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 l\ilanager 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 Excavatton 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 thrs 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, 4 5 6 16.A.9.b Packet Pg. 141 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) 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. 7. 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 A-greement to be executed by their duly authorized representatives tfris jorday of . /Y\c*,ttJn -,2018- C".,^h,^z, toI4ZZ Func) tLu SIGNED IN THE PRESENCE OF Sign: Vuiarr< t'l\raa-tlg;r h Conh ,lnc. Printed Name Sign €rin Pr rers Printed Name flA--fl-P'fu,-l ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk to form and legality Scott A. Stone Assistant County Attorney Co m By Da,,nte( J. M \/M\ Vresrd.lxr;t (President, VP, or CEO) Provide Proper Evidence of Authority) OF COL A L 2 Bv:?k/,/01 A as designee of the County Manager pursuant to Resolution No. 20 l5- 162 BOARD OF COUNTY COMMISSIONERS 16.A.9.b Packet Pg. 142 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) E,.\,.b:+ 4 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 at 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 shalt 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. PERFORMANCE BOND FOR EXCAVATION WORK For Springs at Hammock Cove Bond No.: PBI 2194000003 KNOW ALL PERSONS BY THESE PRESENTS: that Continental 422 Fund LLC W134 N8675 Executive Parkway Menomonee Falls, Wl 53051 (hereinafter referred to as "Owned') and Philadelphia lndemnity lnsurance Company Three Bala Plaza East, Suite 400 Bala Cynwyd, PA 19004 (610) 206-7836 (hereanafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Sixty Thousand and 00/100 Dollars ($60.000.00) 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 a pproval by the Board a certain Excavation rmit No. P120170004178 and that certain excavationPe 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 ofthe 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. [1s LDs 01664/1153600/1) 16.A.9.b Packet Pg. 143 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) lN WlTNFasrs WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 19th a-1fl day of March , 2018. WTTNESSES: Yt;-l-.Q t Printed Name UnY\+ ?-i v C/r5 Company Na fir t'u\lna . rrt l{ A.A-.\ ? , i\t t^^6^1'r_.C"f'.P^4,vt+ L\</) : Continental 422 F n LL ca By: Print Name l\fa, v I J P ed Name \nn A ACKNOWLEDGEMEN'T STATE OF VTI\SCONST N couNTY oF \Ahu u{5\^r^- THE F OREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFO R Co EIV .411" E THIS / , OAY OF '1 Fv\l LLL2018, BY lh ^lL\ T. ltrtro.hdh AS Prc.<rlrrrt OF cs Cb T,oRHASPRODUCED IDENTIFICATION Notary Public - State of 9-: u (SEAL) Printed Name WITNESSES HIA INDEMNITY INSURAI{K COMPANY Carol McManus Antho T. Pa rn Licen orida Resident Pho ne 941-999-1900 Christine A. Papa ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF SARASOTA THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 1gth DAY OFlvarch ,20 18, BY Anthony T. Papa, Jr. AS Attorney-in-Fact OF Phitadetphia lndemnity lnsurance Company WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED n/a (personatty known) AS IDENTIFICATION Notary Public - State of Florida Carol McManus Printed Name .".S:.'.$k,rffi CAROL ITCHANUS MY COr4rESto[ * GG 038594 EXPIRES: January 6, 2021 8.d.d Tho &rd9.1 x@I S.rvirr [1s LDS 01664/1153600/11 (SEAL) 8n n O.b-p..- ,/ u(ruU.a,*'t lNl!3rf. /, 16.A.9.b Packet Pg. 144 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) fJ PHILADELPHIA INDEMNITY INSIJRANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA I 9004-0950 Power of Attorney KNOW Al-t. PERSONS BY THESE PRIISEN'I'S' That PHILADELPHIA n'iDEM\lTY TNSURA\CE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvani4 does hereby constitute and appoint Anthonv T Papa Jr. of InSource Partners. LLC its true and lawful Attorney-in-fact with full authority to execute on its behalfbonds. undertakings, recognizances and other contracts ofindemnity and writings obtigatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADEI.PHIA INDEMNITY INSURANCE COMPANY on the l4n of November. 2016. RESOt,VED That the Board ofDirectors hereby authorizes the President or any Vice President ofthe Company: (l) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORA'TE ST1ALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27M DAY OF OCTOBER.20I7. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27'h day of October,20l7, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at:Bala Cvnwvd. PA (Notary Seal) My commission expires.Scptember 25. 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certiry that the foregoing resolution of the Board of Directors and this-Power of Attomey issued pursuant thereto on this 27s day of October, 2017 ue true and conect and are still in full force and effect. I do further certi0/ that Robert D. O'Leary Jr., who executed the Power ofAttomey as President, was on the date ofexecution ofthe attached Power of Attorney the duly elected President of INDEMNITY INSURANCE COMPANY , subscribed my name and affixed the facsimile seal of each Company thisl-lth day orMarcl2, 1 8 Edward Sayago, Corporate Secretary PHILADELPTIIA INDEMNI'I-Y INSURANCE COMPANY ttstt|J Frt : I That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attomey or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the luture with respect to any bond or undertaking to which it is attached. Tno^%"^.k rf.P 2a-?*>- &.9.. Kiam totaryP!!lic y';o 16.A.9.b Packet Pg. 145 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) nt 0ft trr 0j fDabt Beyurtrnpnt of fitutp I certify the attached is a true and comect copy of the application by CONTINENIAL 422 FUND tLC, a Wisconsin limited l-iability company, authorized to transact business within the state of Florida on March 28, 2018, as shown by the records of this office. I further certify the document was electronically received under FAX audit number 818000099401. This certificate is issued in accordance with section 15.15, Florida Statutes, and authenticated by the code noted below. Ehe document number of this limited liability company is M18000003028. Authentication Code: 518A00006374-032918-M180000 03028-L/ L Given under my hand and the Great SeaI of the State of Florida,at Tallahassee, the Capital, this the Twenty-ninth day of March, 2018 lb* &tF*. 76;en Det*vr $ecntarp ot Stro 16.A.9.b Packet Pg. 146 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) APPLICATION BY FOREICN LIMITED LIABILITY COMPANY FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA. N (NWU,4]\CE WID] SEIION &5,D02 FLORIM SIATLNN,THE FOITfr'IAE E SUBMNTEDTO R&}BIERA FORErcN UMIIFO UNN.,NY (NWAI'IYTOTRA}A4CT B.^INrJs NTIIE SIATEOF FIORIDL l. Contin€ntal422 Fund LLC o,lame ofForcign Limired Liability company: must includ. "LimiEd Liebility Comp3ny," "L.L.C.," or "Lrc.") 3. 82-t23658',7 (F€l ,mbd, if .pplicabl.) 4 (Dar. 6Bt ran*Gd bBuE 3 u nqUa if Fio, to &rt.tim)(sa s.cdm 605.090a & oot 090t, F 5. rc &r@rE p6dry htil'ry) 5. Wl34 N8675 Executive Parkway 6 Wl34 N8675 Exeautive Parkway lSma lms orffi@rl o6cc) Menomonee Falls, WI 53051 (Mrilirs Add6t) Menomonee Falls, WI 53051 7. Namc and gq99q3!@95g ofF lorida registarcd agentr (P.O.Box Nglacceptable) Name C T Corporation Systcm Ollice Address:1200 South Pine Island Road Plantation Florida 33324 Registered rgcDt's &cceptlnce: (citv) (zip cod') Hseing been named as rcgisteted agent and lo accept senlce of process lot lhe above staled lim edAab lly complrry al lhe place designated ln thit opplicalion, I hercb) sccepl the oppoinlmcnl as rcgblercd agenl snd agree lo ac, ln lhls capaclty. I funher agree to cot tply with the provislons ol sll slslales relqdve ,o the prupet and complele pe$omance of y dudes, a d I amlqrntliat t'llh and accep, the obUsatlons of ny pod(on attgi/ftal ageil James l\,4. Halpin\k*-'/h"il/)- Ass,smnrsecredry (/({drci rgcmt rgmtw) 8. The name, title or capacity and address ofthe person(s) who has4rave aulhority to masage iyare: Titlc or Crprcitv: NCE$gL&!CI9E! I!!g4CprSi5! See attached, Name and Address: (Use attaahments if necessary) 9. Attached is a certificate ofexistence, no more than 90 days old, duly autheDticated by the official having custody ofrecords in the jurisdiction under the law ofwhich it is organized, (Ifthe ceftificate is in a foreign language, a translation ofthe ccnificate under oatr ofthe translator must be submitted) 10. This document is executed in accordance with section 605.0203 (l ) (b), Florids Statutes. I am al,lare that any false information of Stat€ co a third Y:j:i:T"ided ror in s EI7 r55' F's' ofD .uthcizcd FBo. a"r {w91\wc.r Yttr)^r*/' submifted in a document to the TrFd d Firlod re ofdSEo D4 tq\\ocrr.\-d'\ t-t>} fiIy.A LLC 2. Wisconsin 16.A.9.b Packet Pg. 147 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) Attachment to Application by Foreign Limited Liability Company For Authorization To Transact Business In Florida Name of Foreign Limited Liability Company: Continental4Z2FmdLLC 8. The name, title or capacity and address of the person(s) who has/have authority to manage is/are: Title or Capacity:Name and Address President of Continental Properties Company, Inc., manager of Continental 422FundLLC Daniel J. Minahan Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 CEO of Continental Properties Company, Inc., manager of Continental 422FwdLLC James H. Schloemer Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Treasurer & Executive Vice President of Continental Properties Company, Inc., manager of Continental422 Fund LLC Edward J. Madell Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Secretary & Executive Vice President of Continental Properties Company, Inc., manager of Continental422 Fund LLC Paul R. Seifert Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Executive Vice President of Continental Properties Company, Inc., manager of Continental422FwdLLC Kimberly Grimm Wl34 N8675 Executive Parkway Menomonee Falls, WI 53051 Vice President of Continental Properties Company, Inc., manager of Continental422 Fund LLC Ryan Folger Wl34 N8675 Executive Parkway Menomonee Falls, WI 5305 I Vice Chairman of Continental Properties Company, Inc., manager of Continental422 Fund LLC Gerard Severson W134 N8675 Executive Parkway Menomonee Falls, WI 5305 1 16.A.9.b Packet Pg. 148 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove) United States of America State of Wisconsin DEPARTMENT OF FINANCIAL INSTITUTIONS Division of Corporate & Consumer Services To All to Whom These Presents Shall Come, Greeting: I, Mary Ann McCoshen, Administrator of the Division of Corporate and Consumer Services, Department of Financial Institutions, do hereby certify that CONTINENTAL 422 FUND LLC is a domestic corporation or a domestic limited liability company organized under the laws of this state and that its date of incorporation or organization is April 03,2017 . I further certify that said corporation or limited liability company has not yet completed its initial report year and, accordingly, has not yet filed an annual report under ss. 180.1622, I80.I921, 181.1622 or 183.0120 Wis. Stats., and that said corporation or limited liability company has not filed articles of dissolution. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the official seal of the Department on March 28,2018. MARY ANN MCCOSHEN, Administrator Division of Corporate and Consumer Services Department of Financial Institutions DFI/Corp/33 To validate the authenticity of this certificate Vis it th is web add ress : http ://www. wdf i. o rglapps/ccs/verify/ Enter this code: 217157-F2E8B48A 16.A.9.b Packet Pg. 149 Attachment: Bond Basis (11719 : Excavation Bond Release - The Springs at Hammock Cove)