Agenda 03/24/2020 Item #16A10 (Bond Release - Esplanade at Hacienda Lakes Phase 4)03/24/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$43,240 which was posted as a guaranty for Excavation Permit Number PL20180001017 for work
associated with Esplanade at Hacienda Lakes - Phase 4.
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 Esplanade at Hacienda Lakes - Phase 4. The As-Built lake cross
sections have been received and the lakes have been inspected on February 14, 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 $43,240. 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.10
Packet Pg. 150
03/24/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 11729
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $43,240 which was posted as a guaranty for Excavation Permit Number PL20180001017
for work associated with Esplanade at Hacienda Lakes - Phase 4
Meeting Date: 03/24/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/18/2020 3:57 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/18/2020 3:57 PM
Approved By:
Review:
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/18/2020 4:09 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/18/2020 4:14 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 02/18/2020 5:08 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/21/2020 8:25 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 4:29 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 4:52 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 5:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2020 7:56 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/09/2020 4:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 2:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM
16.A.10
Packet Pg. 151
ESPLANADE AT HACIENDA LAKES – PHASE 4
LOCATION MAP
16.A.10.a
Packet Pg. 152 Attachment: Location Map (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORIIANCE AGREEMENT entered into this Z,l'iday of
lu'nc 2O_lL between Taylor l\rorrison of Florida, lnc. 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 Permit No. PL20180001017 (the
"Excavation Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set torth, 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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit'4" and by reference made a part hereof) in the amount of $43,240.00.
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 ol 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 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 obtatn the
County l\ranager's approval of the Excavation Work.
ln the event Developer shall falor neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County l\ranager or designee
may call upon the excavation performance secunty 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
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4
5
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16.A.10.b
Packet Pg. 153 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
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.
IN WITNESS WHEREOF,this Agreement to be
executed by their duly authorized n<-20t8.
7
SIGNED lN THE PRESENCE OF:
sign:fu^dhilfu4
N!r"-}. D-lz.+t-
Taylor of Florida, !nc.
Printed Name
Printed Name
ATTEST:
h^r'to.,1t"ru^v')T' %vi+icaPrinted N
cEo)
(Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF DA
as designee of the County Manager
pursuant to Resolution No. 20 I 5- 162
Crysra \ l('K'vtl, TnWim Clt(K
By:
Deputy Clerk
and legality:
Scott A. Stone
Assistant County Attorney
ry
16.A.10.b
Packet Pg. 154 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
Erl^,b,f A
Bond No. SU1151323
PERFORI\,4ANCE BOND
FOR EXCAVATION WORI,.
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Taylor Morrison of Florida, lnc.
551 N. Cattlemen Rd., #200, Sarasota, FL 34232
(hereinafter referred to as "Owne/') and
Arch lnsurance Company
Harborside 3,210 Hudson Street, Ste. 300, Jersey City. NJ 07311-1107
Phone: (201) 7434000
(hereinafter referred to as "Surety") are held and flrmly bound unto Colliei County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Forty-Three Thousand, Two Hundred and Forty
and 00/100 Dollars ($43,240.00) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, execulors, 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 whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. PL20180001017 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, T!r;RE5ORE, if the Cwner shall well, truly and faithfully perfcrm its obligations an': . j:rtiet 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, addation or deletion to the proposed speciflc 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.
IN WITNESS WHEREOF he parties hereto have caused this PERFORMANCE BOND to be
executed this 8h une
Tayl son of Florida, lnc.
By
WITNESSES
C. D, 4,,ra
Printed Name
[1s LDS{1564/11s3m0/1]
tr'lhonl (?{).S C..t1 V,U-1 fl,cl- ltt& ttt+tt
I
16.A.10.b
Packet Pg. 155 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
Pr:nted llame/Title An$onv (Tony') J' squiuen
(provide proper Evidence of Authority) vice President
Pri ed Name
AC KNOWLEDGEM ENT
THE FOREGOING PERFORIV]ANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
J-tene .20 Itr ,BY Anttlooy (Tdlt') !. Squitieri AS Vice President
(SEAL)
Printed Name
tltl
WITNESSES
Pri ted Name - Marianella Barnola
Arch Insurance
\PANY,uri Corporation
By:
Printed Name: Annette Hunter
L;Anett Cardinale, Attorney-in-Fact & Florida
Licensed Resident ABent
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
c/o Willis of Florida, lnc.
4211 W. Boy Scout Blvd., Ste. 1000
Tampa, FL 33607
lnqukies: (813) 281-2095STATE OF Florida
COUNTY OF Hillsborouqh
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 8.h DAY OF
June, 20'18, BY Anett Cardinale AS Attorney-in-Fact OF Arch lnsurance Companv WHO lS
PERSONALLY KNOWN TO ME,
Notary Public - State of Florida
OR HAS PRODUCED personally known AS IDENTIFICATION
1
r-t;,
Notary Publlc Stalo o, Fk dda
Deborah K Bec,(ett
M, Commlsslon FF 2460{0
Explr.i08/14/2019
..ltHi'a;.!.: i,*i :.:
?.ffi{,*'
MARIANELLA BARNCLA
Ccmmissioo# FF 947761
B(pires May 5, 2020
Bdn , Tlfl Tm, Fdi lBlm @J€$7019
[15- LDS-01664/11s3600/1]
^1"
(SEAL)
Bond No. SU1151323
stercor l2lo*bla
COUNry OF -!.'m t ej*
OF Tavlor Morrison of Florida. lnc. WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - state ot FloAl/4
Printed Name: Brandy Baich
{"
16.A.10.b
Packet Pg. 156 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
Atc 0000244556
THIS POWER OF ATTORNEY'S
'VOT
VALID UNLESS
'T'S
PRINTED ON BLUE BACKGROUND.
This Power of Attorney limits tha acts of those named herein, and they have no authori?y to bind the Company except in the
manner and to the extent herein stated. Not valid for Note, Loan, Letler of Credit, Currency Rate, lnterest Rate or Residential
Value Guarantees.
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch lnsurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal
administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Anett Cardinaia Brandy Baich, David H. Carr and Margaret A. Ginem of Tampa, FL (EACH)
its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as
surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding
Ninetv Million Dollars ($90.000.0q0.00).
This authority does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar
limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as
binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and
acknowledged by its regulady elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company
on September 15,2011 , true and accurate copies of which are hereinafter set forth and are hereby certifled to by the undersigned
Secretary as being in full force and effect:
I/OTED, That ttre Chairman of th Board, the Pesident, or the Executive Vice President, or any Senior Vice President, of thg Surety
Business Division, or their appcErtees desigr in writing and filed with the Secretary, or the Secretary shall have thE power and
authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respectirre powers of
attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and
other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of
process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the
unanimous consent of the Board of Directors of the Company on September 15, 201 1:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President,
of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the
Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond
executed pursuant to the resolution adopted by the Board of Directors on.September 15,2011, and any such power so executed,
sealed and certified with respect to any bond or undertaking to which it,is dttached, shall continue to be valid and binding upon the
Company.
00M10013 00 03 03 Printed in U,S.A.
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1
16.A.10.b
Packet Pg. 157 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
\
Arc 0000244556
ln Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized
officers, this 2nd day of Mav, 20'18.
Attested and Certified Arch lnsurance Company
Patrick K. Nails, Secretary M.Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
l, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the
same persons whose names are respectively as Secretary and Executive Vice President of the Arch lnsurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me
this day in perion and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and
delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and
purposes therein set forth
vln 3*{,{.**
-t;
Notary
My expires 07/31
CERTIFICATION
l, Patrick K. Nails, Secretary of the Arch lnsurance Company, do hereby certify that the attached Power of Attorney dated Mav 2. 2018
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date
thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who
executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly
elected Executive Vice President of the Arch lnsurance Company.
IN TESTIMONY
this t*t- aay
F, I bscribed my name and affixed the corporate seal of the Arch lnsurance Company on
of
Patrick K. Nails, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have
no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch lnsurance - Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102
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16.A.10.b
Packet Pg. 158 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
Detail by Entity Name
Florida Department of State
Page I of7
DtvrstcN !-.F CoRFJRATTcNS
bryartt al
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Department of State / Division of Corporations / Search Re@rds / Detail Bv Document Number /
Detail by Entity Name
Florida Profit Corporation
TAYLOR MORRISON OF FLORIDA, INC.
Filino lnformation
Document Number F75785
FEI/EIN Number 59-2179728
Date Filed 0312611982
State FL
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 1211412012
Event Effective Date NONE
Princioal Address
49OO NORTH SCOTTSDALE ROAD
SUITE 2OOO
SCOTTSDALE, M 85251
Changed: 0410912018
Mailinq Address
49OO NORTH SCOTTSDALE ROAD
SUITE 2OOO
SCOTTSDALE, pz85251
Changed: 0410912018
Reqistered Aoent Name & Address
NRAI SERVICES, INC
1200 South Pine lsland Road
Plantation, FL 33324
Name Changed 05120120Oa
Address Changed: O2l1 1 l2i'l 1
Officer/Director Detail
Name & Address
Title Asst. Secretary, VP
MERRILL, S. TODD
http://search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inquirytype:Entity... 6ll5l2OlB
16.A.10.b
Packet Pg. 159 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)
Detail by Entity Name
Title President Director
Title Asst. Secretary
Title VP. Director
1211 N, WESTSHORE BLVD
SUITE 512
TAMPA FL 33607
Page 2 of 7
Title CFO Executive Vice President
KEMPTON JOHN STEVEN
551 NORTH CATTLEMEN RD
sutTE 200
SARASOTA. FL 34232
CONE, C, DAVID
49OO N, SCOTTSDALE ROAD
sutTE 2000
SCOTTSDALE. AZ 85251
SHERMAN. DARRELL C,
49OO N, SCOTTSDALE ROAD
sutTE 2000
SCOTTSDALE, AZ 85251
Title Secretary, Executive Vice President. Chief Legal Offic€r
ESTRADA, CAROLINE G,
49OO N, SCOTTSDALE ROAD
SUITE 2OOO
SCOTTSDALE, AZ E5251
Title VP
sutTE 200
SARASOTA, FL 34232
LONGENECKER. CAMIVIIE LARHAE
551 NORTH CATTLEMEN RD,
SUITE 2OO
SARASOTA, FL 34232
WRIGHT JOHN ASA
260O LAKE LUCIEN DRIVE
SUITE 350
MAITLAND FL 3277S
Title AUTHORIZED AGENT - VERTICAL/PURCHASING
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity...6/15/2018
ANTHONY J,
551 NORTH CATTLEI\4EN RD,
16.A.10.b
Packet Pg. 160 Attachment: Bond Basis (11729 : Excavation Bond Release - Esplanade at Hacienda Lakes Phase 4)