Agenda 02/23/2021 Item #16A 1 (Release of Performance Bond - PL20160001203)02/23/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$103,660 which was posted as a guaranty for Excavation Permit Number 60.080-10,
PL20160001203 for work associated with Isles of Collier Preserve Phase 9.
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 Isles of Collier Preserve Phase 9. The As-Built lake cross sections
have been received and the lakes has been inspected on December 18, 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 $103,660. 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.1
Packet Pg. 413
02/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 14747
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $103,660 which was posted as a guaranty for Excavation Permit Number 60.080 -10,
PL20160001203 for work associated with Isles of Collier Preserve Phase 9.
Meeting Date: 02/23/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/14/2021 10:31 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
01/14/2021 10:31 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/15/2021 6:37 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/18/2021 5:36 PM
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 01/19/2021 8:58 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/20/2021 2:24 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/20/2021 3:11 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/20/2021 3:28 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/21/2021 12:33 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/21/2021 12:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2021 1:16 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/26/2021 3:32 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 02/06/2021 12:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/23/2021 9:00 AM
16.A.1
Packet Pg. 414
ISLES OF COLLIER PRESERVE PHASE 9
LOCATION MAP
16.A.1.a
Packet Pg. 415 Attachment: Location Map (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into ttris 3 )day of _N o-.,,-'Er'2016 bet\reen Minto Communities. LLC hereinafler re{ened to as "fuveloper,"
and the Board of County Commissioners of Collier County, Florija, hereinafter refened 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 Seclion 3.05.10 (collectively, the 'Excavation
Regulations'); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate
guaftmte€s and execute an Excavdion Performance Secuprty Agreement stating applicant will
comply wilh the Excavation Regulatbns and Excavation Permit No. PL20160001203 (the
"Excavation Permif).
NOW, THEREFORE, in considemlion of the foregoing premises and mutual covenants
hereinder set forth, Developer and the Board do hereby covenant and agree as fullows:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the 'Excavation Wor|c ).
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereo| in the amount of $-1_83.0€Q._qq.
ln the event of defautt by Devekrper or failuE of Developer to complete the
Excavation Work within the time required by the Excavation Regulations and
Excavation Permil, Collier Coufi, may call upon the excavation performance
seorrity to insure salisfadory completion of the Excavation Work.
The Excavation Work shall not be considered complete until Developer notifres 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.
The Counly 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 Exc€vation 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 Man4els approval of the Excavation Work.
1
2
3
4
5
6 ln the event Developer shall fail or neglect to fulfill its obl(latbns under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance secudty to secure satisfaciory
completion, repair and maintenance of the Excavalion Work. The Board shall have
the right to construct and maintain, or cause to be constructed or maintained,
pursuanl to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
16.A.1.b
Packet Pg. 416 Attachment: Bond Basis (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)
secririty, shall be liable to pay and to indemnify the Board, upon comple{ion of such
construclbn, the final total cost lo the Board thereof, including, but not limited to,
engine€ring, legal and contingent costs, together wilh any damages, either direc{
or consequential, f,,hich the Board may sustain on account of the failure of
Devebper to fulfill all of the provisions of this Agrcement.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective su@essors and assigns of Developer.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executedbytheirdulyaulhorizedrepresentativesthis-dayof-,2016.
SIGNED IN THE PRESENCE OF:
Minto Commu LLC
Printed Name
Sign:
William L. Bullock, Vice President
(Provide Proper Evidence of Authority)
7
*+
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
to fom ard legality:
Scott A. Stone
Assistant County Attorney
BOARD OF COI.]NTY COMMISSIONERS
OF
By'
COLLIER
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
r,/s//eV/. e
noproteo
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16.A.1.b
Packet Pg. 417 Attachment: Bond Basis (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)
e xilrA ,T 4
Bond No.:80130965
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
Minto Communities, LLC
10150 Highland Manor Drive, Suite 200
Tampa, FL 33610
(hereinafter referred to as "Owner") and
The Guarantee Company of North America USA
One Towne Square, Suite 1470
Southfield, Ml 48076
(248)281 -0281
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referredtoaS,,CoUnty,')inthetotalaggregatesumof@
Sixty and 00/100 Dollars ($103.660.00) in lawful money of the United States, for the payment of whlch
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. PL20160001203; lsles of Collier Preserve Phase 9 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 speciflc 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, otheMise 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 lt 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.
lN wlrNES-s WHEREoF, the parties hereto have caused this PERFoRMANCE BoND to be
executed this 31'' day of Auoust, 2016.
[15 rDs-01664/1153600/1]
16.A.1.b
Packet Pg. 418 Attachment: Bond Basis (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)
Printed Name
Minto Communities, LLC
By
tt ol
I; ilr ory\
Printed Name g rli4lA ot1 ArLe a Printed Name/Title
(Provide Proper Evidence of Authority)
AC KNOWLEDG EI\4 ENT
STATE OF a
COUNTY OF
HE FO GOING PERFORNiIANCE BOND WAS ACKNOWLEDGED EFORE E S
s+oo" ot
c,Yr ,2 , BY (NAME OF ACKNOWLEDGER).J
(rrLE)OF (NAlVlE OF COMPANY) Minto Communities. LLC WH IS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION
Notary Public - State of Lo
(SEAL)
Printed Name f^'oLt
WITNESSES:The Guarantee Company of North America USA
By
Pri ed me, Jacq ue lin Hampton
Printed Name, Mat ew Tahbaz Printed Name/Title
(Provide Proper Evidence of Authcrity)
0,ru{.lb \li*'rdrrt
I
t
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AC KN OWLEDGI\4ENT
STATE OF Florida
COUNTY OF l\iliami-Dade
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE I\4E THIS 31"t DAY OF
Auqust, 2016, BY Claudette Alexander Hunt AS Attornev in Fact OF The Guarantee Companv of
North America USA WHO lS PERSONALLY KNOWN T O ME, OR HAS PRODUCED n/a AS
IDENTIFICATION,
Notary Public - State of Florida
p.inteo ttame.tamil.@
rVt!t!ru7.a
..n$-iqz
a,P.
MY MMMESION } FF 94'89
EXPIFES: Fsbruary 13 2020
Eordsd Thru Notary P!Uic l.Jndtftnlel!
I.AURA L^FAUCI
#Notary Puuic State d Flonda
Camille M Cruz
Mv Comfiission FF 042586
er9.es 08/05/2017
r-1-fls,02650i7
(SEAL)
WITNESSES:
/-t,
Claudette Alexander Hunt. Attqfilsy:!_!:_Eg!l
16.A.1.b
Packet Pg. 419 Attachment: Bond Basis (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)
nt The Guarartee Company of North America USA
South-6eld, Michigan
POWER OF ATTORNEY
GUARANTEE-
K[{OW ALL By THESE PRESEIITS: That THE GUARAXTEE COIIPANY OF I{ORTH A ERICA USA, a corporation organized and existing under the
laws of the State of l\4ichigan, having its principal offce in Southfield, Michigan, does hereby clnstitute and appoint
Claudetle AIeEnd€r Hrrrt, Jacqu€line Jordan Hafipton
Aon Rak Servic€, Irc. of Flotlda
lN WTTNESS WHEREOF. THE GUARANTEE CO PANY OF I{ORTH AXIERICA USA has caused this instrument to be signed and
its corporate sealto be affixed by its authorjzed ofilcer, this 23rd day of February, 2012.
THE GUARANTEE COMPANY OF NORTH AIIERICA USA
its true and lawfut attomey(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 writingi obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulataon, contract
or otherwise.
The execution oI such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARA TEE CO PAI{Y oF I{ORTH A ERICA
t SA as fully and amply, to a int;;ts and purposes, as if the same had been duly executed and acknowledged by its regularly elected oflicers at the
principal offrce.
The power of Attorney is executed and may be certified so, and may be tevoked, pursuant to and by aulhority of Article lX, Section 9.03 of the By-Laws
ad;pted by ihe Boardof Directors of THE dulanXrse COfpAXi Or nOnn ireatce USA ai a meeting held on the 31d day of December, 2003.
Thepresi;ent, or any Vice President, acting with any Secretary or Assistant Secretary, shall have potler and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal Of the Comparry thereto,
bonds and undertakings, contracts of indemnity and other wdtings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attomey-in-fact and revoke the autho.ity given, except as provided below
3. ln connectron wiih obligati;ns in hvor of the Florida Department of Transportation only, it is agreed that the powe. and authority hereby given
to the Attorney-in-Fact inctudes any and all consents for the release of retained percentages and/o. linal estimates on engineering and
constructjon c;ntracts required by t-he State of Florida Department of Transportalion. lt is tulty understood thal consenting to the State of
Florida Depa(ment of Transporta'tion making payrnent of the final estimate to the Contractor andor its assignee, shall not relieve this surety
company of any ot its obligalions under its bond.
4. tn c6nn;dion \iith obligations in favor ofthe Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attomey-in-Fact cainnot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Departmeni of Highways ofthe Commonwealth of Kentucky at least thirty (30) days prior to the modiflcation or.evocation
Further, this power of Attomey is signed and sealed by facsimile pursuant to resolutjon of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, ofwhich the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal ofthe Compa.y may be affixed by facsimile to any Po\,!er of Attomey or certifcation
lhereof authoizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature anal seal vrhen so used shalt have the same force and effect as though manually affxed.
@u*11_
STATE OF MICHIGAN
County of Oakland
Stephen C. Ruschak, Prcsidont & Chief Op€rating Officer Randall irusselman, Secrctary
On this 23rd day oi February, 2012 before me came the individuals r4/ho executed the preceding inslrument, to me personally knoMm, and being by me
duly swom, said that each is the herein described and authorized offcer ofThe Gua.antee Company of Norih America USA; thal the seal aflixed to sajd
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duty affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Conmission Expires February 27, 2018
Acting in Oakland County
lN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above writen. ..
Crna-,--, A a-ar44.-
IRandall N/usselman. Secretary of THE GUARATTTEE CO*PAI'aY OF NORTH A ERICA USA, do hereby ce.tify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARATTTEE COIIPANY oF NoRTH A ERICA USA. \4hich is still in tull force and effect.
lN WITNESS WHEREOF. lhavethereunlo setmyhand and attached the seatof said Company this 3f OqA p"Sr.) 2r,1a"-' ('/ I
l"
a
Randall usselman,Secretary
zfu
16.A.1.b
Packet Pg. 420 Attachment: Bond Basis (14747 : Excavation Bond Release - Isles of Collier Preserve Phase 9)