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Agenda 09/22/2020 Item #16A 7 (Release of Performance Bond)09/22/2020 16.A.7 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,780, which was posted as a guaranty for Excavation Permit Number PL20170000631 for work associated with The Enclave of Distinction. 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 Enclave of Distinction. The As -Built lake cross -sections have been received, and the lakes have been inspected on August 3, 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. - DDP RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $59,780. 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) Packet Pg. 832 16.A.7 09/22/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doe ID: 13139 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $59,780, which was posted as a guaranty for Excavation Permit Number PL20170000631 for work associated with The Enclave of Distinction. Meeting Date: 09/22/2020 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 08/07/2020 4:27 PM Submitted by: Title: Director — Growth Management Department Name: Matthew McLean 08/07/2020 4:27 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Growth Management Development Review Brett Rosenblum Growth Management Operations & Regulatory Management Rose Burke Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Development Review Chris Scott Growth Management Department Matthew McLean Additional Reviewer County Attorney's Office Derek Perry Level 2 Attorney Review Growth Management Department Thaddeus Cohen Department Head Review Growth Management Department James C French Deputy Department Head Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Budget and Management Office Mark Isackson Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 08/10/2020 9:14 AM Additional Reviewer Completed Additional Reviewer Completed Completed 08/12/2020 4:38 PM Additional Reviewer Completed Completed 08/20/2020 4:12 PM Completed 08/21/2020 8:05 AM Completed 08/21/2020 2:10 PM Completed 08/21/2020 4:35 PM Completed 08/24/2020 8:29 AM Completed 08/24/2020 8:57 AM Completed 09/03/2020 2:37 PM Completed 09/15/2020 4:20 PM 09/22/2020 9:00 AM Packet Pg. 833 16.A.7.b EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _ —, day of , 2018 between Distinctive Residential Development at Livingston, ILLC 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, of 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. PL20170000631 (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 hereof) in the amount of $59,780.00. 3. In 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 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. 6. In 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 Packet Pg. 835 16.A.7.b 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. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this day of k9 j uP —.., 20 / �! SIGNED IN THE PRESENCE OF: Si n: Printed Name At,v S✓{ Sign: Printed Nam" -' am �US�N ATTEST: Crystal K. Kinzel, CLERK Clerk AlAroved s to form and legality: Sc6tt . Stone Assistant County Attorney Distinctive Residential Development at Livingston, LLC By: Steve Fiterman, Manager Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS OF COLtiER COUNTY, LORIDA B : �! A- TAI o as designee of the County Manager pursuant to Resolution No. 2015-162 Packet Pg. 836 16.A.7. b PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that Bond # B-1240927 Distinctive Residential Development at Livingston, LLC 1845 Trade Center Way Naples, FL 34109 (hereinafter referred to as "Owner") and Cincinnati Insurance Companies (6200' Gilmore Rd., Fairfield, (--)H 45014) (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 Fifty Nine Thousand, Seven Hundred and Eighty dollars. ($59,780.00) 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 approval by the Board a certain excavation permit no. PL20170000631 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this day of WITNESSES: Ajinn1� S tLVys�s Printed Name A401( �fIA1.�� Printed Name 115-LD5-01664/1153600/11 (Owner Name and orporation) Distinct ential D v o e t Livingston, LLC By:_ _ �, Steve Fiterman,Manager Printed Name/Title (Provide Proper Evidence of Authority) T Packet Pg. 837 16.A.7.b ACKNOWLEDGEMENT STATE OF tlI t it 4 SC +� COUNTY OF t+-k Di' ✓1 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS Ia '-"'DAY OF �L) i. - 20 1 k :,BY (NAME. OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO I PERSONALLY KNOWN TO MJ OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of M!�� Yll Cn ANNE MARIE STORMS � D NOTARY PUBLIC - MINNESOTA My COMMISSION EXPIRES 0131R0 Printed Name lb-lw ��f, I- S yi"y WITNESSES: (Surety Name and Title if Corporation) Of �rl 1MC� I An rc, By: � Q „J W 4-I ✓o Printed Name MAYSMOW Printed Name/Title (Provide Proper Evidence of Authority) Printed Name T to ACKNOWLEDGMENT m STATE OF110fi6CL o COUNTY OF -0-C m r h � THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS _� DAY OF E JJ;y� �0 SY AME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO O PERSONALLY KNOW O ME, OR HAS PRODUCED AS IDENTIFICATION. rya Notary Public - State of Q (SEAL) p" ,,=PUbkSt@ft ate of Florida FF 243491Printed Name ��0�019 I4-EIS-0265on (15-LDS-01664/1153600/1) Packet Pg. 838 16.A.7.b THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POW R OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Brad A. Havemeier; Kim L. Ovaitte; Gregory W. Havemeier and/or Martin Watson of Naples, Florida its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instrulents, as follows: Any such obligations in the United States, up to Five Million and No/100 Dollars ($5,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7" day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 101, day of October, 2008. THE CI> TI INSURANCE COMPANY Vice Presiden STATL _.il0 ) ss: COUNTY OF BUTLER ) On this 1011, day of October, 2008, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. �.s`PR1 A E a %' 10 MARK J. H LER, Attorney at Law �0-W,�z' NOTARY PUBLIC - STATE OF OHIO � QO� My commission has no expiration Q�_ryy date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN _I der my hand and seal of said Company at Fairfield, Ohio. this �d*T day of Q cT CORPORATE G SEAL BN-1005 (10/08) Secretary Q Packet Pg. 839 Detail by Entity Name 16.A.7.b 811512018 DIVISION OF CORPORATION: /t;1rJl of %t.� ,j mrg �� pr) r/ r rr, I I �J �� Department of State / Division of Coroorations / Search Records / Detail By_Document Number / Detail by Entity Name Florida Limited Liability Company DISTINCTIVE RESIDENTIAL DEVELOPMENT AT LIVINGSTON, LLC Filing, Information Document Number L05000058197 FEI/EIN Number 20-3022350 Date Filed 06/13/2005 State FL Status ACTIVE Principal Address 1845 TRADE CENTER WAY NAPLES, FL 34109 Mailing,Address 7575 GOLDEN VALLEY ROAD SUITE 118 GOLDEN VALLEY, MN 55427 Changed: 04/10/2018 Registered Aqent Name & Address Salvatori Law Office, PLLC 5150 TAMIAMI TRAIL NORTH SUITE 304 NAPLES, FL 34103 Name Changed: 04/10/2018 Address Changed: 04/10/2018 AydhQriz_etPgr§Qn(a) Detail Name & Address Title MGR FITERMAN, STEVE 1845 TRADE CENTER WAY NAPLES, FL 34109 Title S I FITERMAN. MATTHEW ://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=initial&searchName Packet Pg. 840