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Agenda 05/26/2020 Item #16A 8 (Vincent Acres Performance Bond Release)05/26/2020 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $58,683.33 which was posted as a guaranty for Excavation Permit Number PL20160000402 for work associated with Vincent Acres. 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 Vincent Acres cross sections have been received and the lakes has been inspected on April 21, 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 $58,683.33. 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. 232 05/26/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 12261 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $58,683.33 which was posted as a guaranty for Excavation Permit Number PL20160000402 for work associated with Vincent Acres. Meeting Date: 05/26/2020 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/21/2020 3:52 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 04/21/2020 3:52 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 04/21/2020 4:09 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 04/21/2020 4:44 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/24/2020 1:52 PM Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 04/24/2020 1:57 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/27/2020 11:13 AM Growth Management Department Matthew McLean Additional Reviewer Completed 04/27/2020 2:13 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/27/2020 2:38 PM Growth Management Department James C French Deputy Department Head Review Completed 04/27/2020 4:51 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/28/2020 1:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/28/2020 2:54 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/28/2020 3:51 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/28/2020 6:41 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/18/2020 2:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/26/2020 9:00 AM 16.A.8 Packet Pg. 233 VINCENT ACRES LOCATION MAP 16.A.8.a Packet Pg. 234 Attachment: Location Map (12261 : Excavation Bond Release - Vincent Acres) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this t1 " dav ol Nb/Lh .20 l-, between Habitat for Humanity of Cotlier County 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 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. PL20 160000402 (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: Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereo0 in the amount of $58,683.33. 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 Excavatlon 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 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 performance 1 2 q Developer agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). 4. 6. 16.A.8.b Packet Pg. 235 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) 7 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 executed by their duly authorized representatives this {n SIGNED IN THE PRESENCE OF: have caused this Agreement to be day of thatcbt 20_c. Sign:"&/nry Aob l^ Bc,bt lfa Habitat for Humanity of Collier County lnc. ryicl4 sleJ e 11 ,lntrc.S Q"s lrnt-( Printed Name SrOnr? ,/o. {*lo Printed Name ATTEST: DW]GHT E. BROCK, CLERK By: Deputy Clerk AS form and legality: Scott A. Stone Assistant County Attorney Printed Name/Title (President, VP, or CEO) Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 0 E\4 (t as designee ofthe pursuant to Resolution No. 2015-162 16.A.8.b Packet Pg. 236 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) PERFORMANCE BOND FOR EXCAVATION WORK aaJrrP. o6 { 3tr r Habitat for Humanity of Collier County 11145 Tamiami Trail East Naples, FL 341 13 (hereinafter referred to as "owner") and Prin ed Name (hereinafrer referred to as "surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Fiftv eioht thousand six hundred eiohtv three dollars and 33 cents ($58.683.33) in laMul money of the United States, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, Ilrmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS LIGATIO S h hereas, the Owner has submitted for approval by the Board a certain excavation permit no 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 he date of completion of the work and approval by the County of the specilic improvemenls described in the Land Development Regulations thereinafter 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, kuly and faithfully perform its obligations and dulies 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 lhe County frorr and against all costs and damages which it may suffer by reason of Owneis failure to do so, and shall reimburs( and repay the County all outlay and expense which the County may incur in making good any default, then this oblig rtion shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulales and agrees thz no change , e),iension 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, altera ion, addition or deletion to the proposed specillc improvements. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automal rally and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the fu and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever rsed in this Bond, and whether referring to this Bond, or other documents shall include any alteration, additir 'r or modification of any character whatsoever. lN WITNESS WHEREOF, the parties hereto have caused the PERFORMANCE BOND lo be execute, this 6'h day of February, 2018 ES Habitat for Humanity of Collier County, I :. By Printed me ;1sS,<a G Nick Kouloheras, President/cEo (Provide Proper Evidence of Authority) YDEr,gc lr- €xh,L,l A KNOW ALL PERSONS BY THESE PRESENTS: that lnternational Fidelity and lnsurance Company One Newark Center, 20ih Floor Newark, NJ 07102 16.A.8.b Packet Pg. 237 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF COLLIER WHO IS PERSONALLY KNOWN TO ME . OR HAS PRODUCED Notary Public - State of Florida AS IDENTIFICATION (SEAL) ktert I At&qr'a.- Printed Name SURETY ACKNOWLEDGEMENT WITN ESSES lnter nal Fid lity nsurance Company By Printed Nam Emily Strassel Charity A. Mo , Attorney-ln-Fact fiil,M,'P7;rlil;YtbflilW (Provide Proper Evidence of Authority) ltl: ,,itto' : > rO!--.! 6i,, NOTARY ACKNOWLEDGMENT STATE OF Florida COUNTY OF Collier THE FoREGoING PERFoRMANCE BoND WAS ACKNoWLEDGED BEFoRE ME THIS 6'N DAY OF February, 2018, BY Charity A. Moser AS Attorneyln-Fact OF lnternational Fidelity and lnsurance Company WHO lS PERSONALLY KNOWN TO ME, OR HAS PRODUCED IDENTIFICATION, Notary Public - State of Florida (SEAL) AS Tvp eN MSINE.ALDANA Notery Pubti( - siate of Ftodda Commi$ion i G6 lI /125 ily Coo,n. *oi,erJun 21.2021 lc.&6 ttrcocl. n.d..rt lcri,y l!e. KRISTIN M. NEIERT coMMlgSlON * GG 079764MY 122A5,MaIRESi vEXP PodicIfuuNolaryBo.d€d THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 6th DAY OF Februarv, 2018, BY Nick Kouloheras the PresidenVCEO OF Habitat for Humanitv of Collier Countv, lnc. .a 16.A.8.b Packet Pg. 238 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) COMPANY MPANY ONE NEWARK CENTER, 2OTH FLOOR NEWARK, NEW JERSEY 07102.52A7 KNOWALL MEN BY the laws of the State existing under the Stiate of KRIST]N M. NEIERT, STEPHEN J. BENZA, ROBERT E. RYAN, HUNTLEY A. HORNBECK II, CHARITY A. MOSER their kue and lavvful attornev(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writinos oblioatorv in the nature thereof. which are or mav be allowed. required or perinitted bv law, statute. rule, requlation, contract or otherwise, and the execulion of tucti instrument(s) in ourbuance of these bresents. shall Lie as bindinq upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully 'and amply, to all intents an-d purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal dffices. This Power of Attornev is executed. and mav be revoked. oursuant to and by authoritv of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is branted under and by authoritv of the followinq resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a-meeting duly held ori the 20th-day of July, 201! and by the Board of-Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the '15th day of August, 2000: Vice Chief Officer or defined or of the CERTlFICATION of the ionsents on attornev oror relSted as the orioinal sionature of as though-manually affi xed.' sionature and seals antl the original seal have A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April '16, 2019 nature such for acceotance such Oftcer of signature execuuon any bond,contract of the Corporation, to be valid and binding upon IN WITNESS WHEREOF, INTERNATIONAL FIDELIry INSURANCE COMPANY and ALLEGHENY CASUALW COMPANY have each executed ANd attested these presenls on this 22nd day of July, 2014. STATE OF NEW JERSEY County of Essex tu ROBERT W. MINSTER Chief Executive Officer (lnternational Fidelitv lnsurance Company) and President (Allesheny Casualty Company) On this 22nd day of July2014, beforemecametheindividual whoexecuted theprecedinginstrument,tomepersonallyknown,and, being by meduly sworn, said he is thethereindescribedandauthorized officerof INTERNATIONAL FIDELITY INSURANCE COMPANYand ALLEGHENY CASUALry COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. lN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written.I t,, > (}.- i? Pust-tc oprur,f{ tar I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certifo that I have compared the foregoing copy of the Power of Attorney and afftdavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Powerof Attomey, withtheoriginals onfile in thehomeoffice of saidcompanies, and that thesamearecorrect transcriptsthereof,andof thewhole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. SIFAT tg04 r936 COMPANY their in the do Naples, FL. cwg W IN TESTIMONY N OTAB Y day of 16.A.8.b Packet Pg. 239 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) 3t8t2018 Detail by Entity Name Drvrsrolt or Conponlrrorus f '/,jtititi,srg Dvsui af C Oi :* Ui jt;,i J' !r-1 1 { ) at ul{tt ta! )retc ul }'l4rulu Lti,ittz Depjdmeolglslale / Division of Corpsaltels / Search Records / Detail By-DeeuloeolNumbgI / Detail by Entity Name Florida Not For Profit Corporation HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Filing lnformation Document Number 742136 FEUEIN Number 59-1834379 Date Filed 0312011978 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 11105/1999 Event Effective Date NONE PrincipaLAlll[eSS 11145 TAMIAMITRAL EAST NAPLES, FL 34113 Changed: 03/09/2005 Mailing Address 11145 TAMIAMITRAL EAST NAPLES, FL 34113 Changed: 03/09/2005 Begistered Agent Name & Address Cunningham, John 841 Partridge Ct MARCO ISLAND, FL 34145 Name Chang ed: 0210312017 Address Changed : 021031 2017 Officer/D irector Detai I Name & Address Title S MUELLER, MICHAEL 1109 STRAWBERRY COURT MARCO ISLAND, FL34145 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=HABITATF. .. 113 16.A.8.b Packet Pg. 240 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres) 3t8t2018 Detail by Entity Name Title VC SWIHART, STANARD MD 789 REGENCY RESERVE CIR APT 4603 NAPLES, FL 34119 Title Chairman of the Board CUNNINGHAM, JOHN W 841 PARTRIDGE CT MARCO ISLAND, FL34145 Title CEO LEFKOW, LISA REV. 1490 NOTTINGHAM DR NAPLES, FL 34109 Title President KOULOHERAS, NICK 6130 CYPRESS HOLLOW WAY NAPLES, FL 34109 Title VC Hubbard, Edward 785 Cocobay Drive Naples, FL 34108 Title VC Jilk, Craig 4101 Gulf Shore Blvd N '105 Naples, FL 34103 Title VC Peterson, Doug 849 Swan Dr. Marco lsland, FL 34145 Title Treasurer Deal, Rick 2495 Rue Du Jardin Unit 402 Naples, FL 34105 Annual Repprtg Report Year Filed Date http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=HABlTATF... 213 16.A.8.b Packet Pg. 241 Attachment: Bond Basis (12261 : Excavation Bond Release - Vincent Acres)