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Agenda 03/23/2021 Item #16A 9 (Performance Bond Release - SkySail Phase One)03/23/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $72,400 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001503) for work associated with SkySail - Phase One. _____________________________________________________________________________________ OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for SkySail - Phase One PPL, (PL20190001066). On October 27, 2020, the PPL was approved by the Board of County Commissioners and the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 Cash Bond in the amount of $72,400. Development Review 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. 641 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 15018 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $72,400 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200001503) for work associated with SkySail – Phase One. Meeting Date: 03/23/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/10/2021 11:54 AM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 02/10/2021 11:54 AM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 2:55 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 4:20 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 1:06 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 11:41 AM Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:43 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:38 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:34 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 9:49 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:16 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/08/2021 10:32 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/10/2021 5:02 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM 16.A.9 Packet Pg. 642 SKYSAIL – PHASE ONE LOCATION MAP 16.A.9.a Packet Pg. 643 Attachment: Location Map (15018 : EWA Bond Release - SkySail - Phase One) EARLY WORK PERFORIUANCE AGREEIMENT EARLY WORK PERFORMANCE AGREEMENT entered into this aftb day of, THISlu-uo r 20 ao between NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.8 (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees !o ensure compliance with the Early Work Regulations and Early Work Authorization Permll No.pL10L0(00/5 ()1 (the "Early Work 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 agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ /7a/,y'D,oo ln the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. The Early Work shall not be considered complete until Developer notifles the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work, or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early Work. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and recerpt and acceptance of bids, the Early Work. The Developer, as principal under the early performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final 1 2 3 4 5 b 16.A.9.b Packet Pg. 644 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) 7 totai 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. d thls Agre ement to belN WITNESS WHEREOF, the Board and Developer hqve cause executed by their duly authorized representatives this Jn ''r day of L{t 1- 20 -z) Si gn Printed Name Michele Zink NEAL COMMUNITIES OF SOUTHWEST FLORI By Ja s R. Schier, VP (P ident, VP, or CEO) Provide Proper Evidence of Authority) Sign: -,"hlq {l Printed Name Amy R. Mallon Crystal K. Kinzel, CLERK By Clerk ofthe Circuit Coun & Comptroller Collier County, Florida oved tof and legality rek D. Pe rry COL CO TY DAOF By:ry L' as designee ofthe County Manager pursuant to Resolution No. 2015-162 Assistant County Attorney SIGNED IN THE PRESENCE OF: ATTEST: T BOARD OI- COLINTY COMMISSIONERS 16.A.9.b Packet Pg. 645 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) Eyl-,,b,* A PERFORIVlANCE BOND FOR EARLY WORK AUTHORIZATIONS Bond No CS3249828 KNOW ALL PERSONS BY THESE PRESENTS: that Neal Communities of Southwest Florida. LLC 5800 Lakewood Ranch Blvd, Sarasota, FL 34240 (hereinafrer referred to as "Owne/') and Great American lnsurance Company 301 East Fourth Street, Cincinnati, OH 45202 (513) 369-5000 (hereinafrer referred to as "Surety") are held and firmly bound unto Collier County, Florida,(hereinafter referred to as "County") in the total aggreg ate sum of Seventv-two Thousand Four Hundred and 00i 100 Dollars ($72.400 00) in laMul 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 Early Work AuthorEation Permit No. P-LX! 7o lp-gE-6 and that certain Early Work Authorization shall include speciflc 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 js executed and shall continue until the completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in 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 defautt, then lhis obligation shall be void, otherwise to remain in full force and etfect 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. lN WITNESS WHEREOF, the parties hereto have caused this PERFOR[,4ANCE BOND to be executed this 20th day of August, 2020 WITN ESSES:Neal Comm ies of Southwest io ri a, LLC By Miche e Zink Printed Name Printed Name/title .lames R. Schier.r. Vice Presidenth Printed Name Amy R. Mallon (Provide Proper Evidence of Authority) l-.tvV-e,l..J_- f,-/^ 16.A.9.b Packet Pg. 646 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) ACKNOWLEDGEMENT SIATE OF FLORIDA COUNTY OF SARASOTA THE FOREGOING PERFORI\4ANCE BOND WAS ACKNOWLEDGED BEFORE IME BY ]\,,]EANS OFX pHvsrcnr PRESENoE oR E oNLINE NoTARIZATIoN THIS f,-7 OAY Or Arta ys l- 20 ?,p BY James R Schier NAI\.4E OF ACKNOWLEDGER) AS Sr. Vice President (Tl-[EilF Ne4 Communities of Southwest Florida LLC (NAME OF COMPANY)WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION Notary Public - State of Elglislg (SEAL) Printed Name Michele Zink B W]IN ESSES Printed Namer Jerri Keller Printed Name/Title: Tanya L. Russo, Attorney-in-Fact (Provide Proper Evjdence of Authority) Printed Name: Helena Beam ACKNOWLEDGMENT THE FOREGOING PERFORI\4ANCE BOND WAS ACKNOWLEDGED BEFORE l\ilE BY I/EANS OF Rpuysrcnr PRESENCE oR BlLlNE NOTARIZATION THIS 2O'h DAY OF Auoust, 2020, BY Tanva L Russo (NAlvlE OF ACKNOWLEDGER) AS Attorne -in-Fact TITLE) OF Great American lnsurance Companv (NAL,IE OF COI\4PANY) WHO lS PERSONALLY KNOWN TO lilE, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Florida (SEAL) Pnnted Name *$;*liil;,-ji uu, H .,u,_.',:.:r.u,ffi is Notary Publc Stab oa Flo.ida Mi.tEle Zink My Comltn3]oo GG 33513 Etqira3 07/13:1023 I.ARY UNGI."EY NOTARY PUBUC STAIE OF FLOFIDA l{o. oG sao44 IY @t t tssloN EXPIRES MAR t+lits-02650.6 angley '1N\wrJ-\ Great Am erican lnsurance Com panv STATE OF FLORIDA COUNTY OF HILLSBOROUGH 16.A.9.b Packet Pg. 647 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) GREAT AMERICAN INSURANCE COMPANY@ Adminisrrative ofiice: 3ol E 4TH STREET . CINCINNATI, OHIO 45202 . 513-369-5000 0 FAX 513-723-2740 The number ofpersons authorizql by this power ofattomcy is not morc tharl FOUR No.0 21328 POWER OF ATTORNEY KNOW Al,L MEN BYTHESE PRESENTS: That thc GREATAMIjRICAN INS(JRANCE COMPANY. a corporalion organizcd and existing urdcr and by virtue of thc laws of the Star. of Ohio, does herelry nominat , corstilute and appoint thc person or persons named bclot! each individuauy if more lhan onc is named. its truc and la*'fu, artomey-in-fact, lbr il and in iLs name, place and stead to cxr.ute on behalfol the said CompaDy. as surety. .tny and all bonds, undcrlakings and qrnracts ofsureryship, or oLher \r'ritten obli€lations in the nature thereot provided that th€ liability ofthe said Company on any such bon4 und€naking or coniract ofsuretyship executed under this authorily shall not exceed lhe limit stated below. FREDERIC M ARCHERD, JR TANYA L RUSSO RICHARD P RUSSO, JR, MARY MARIHA LANGLEY ALL OF TAMPA, FLORIDA l.iBlit of Po\r'cr ALL s't 00,000.000 This Pow.}r ofAttomey rcrokes all previous poD'ers issred on behal f of t-he artorney(sfin-Iact namcd above- IN WIT\liSS WIIERIIOr'rhe GREATAMERICAN INSURANCE ('OMPANY has caussllllese presems !o be signed and atlesred hy i!s dppropnar ofliclTs and its corporarc seal hereunto affixl.d lhis 18TH day of JUNE , 2019,$cr.B*o**o*""o*lfil'"/t* lrekiotul \intot k." Pr.lali STATL OF OHIO. (.(Xj\TY ()I I IAMILIO\ - ss. MARK vrcaRo (37-37r-2405) On rlis 18TH day oI JUNE , 2019,belbremcplF"onalyafrp.aredMARKvl(ARlo,.omelaloqn, beinS duly swom. deposes and says that he residcs in Cincinnati, ohio, that he js a Divisional SeniorVice President ofthe Bond Division ofGrea!American Insurance Conpary. the Company dcscrib€d in and which execulcd the above insuum€nt; that hc knows th€ seal o f the said ( lo nrpany; thal thc seal amxed k, the said instmment is such corporatc scali &at it was so affixed by aulhority ofhis offic€ undcl l-he By-Laws of said Conpmy, .ud that he si€led his name thcrcto by like authdty. 41.* 5U5AN A XOHORST Notary Publlc State o{ Ohio t{y Cofim. E&lr€' ALy 18, 2025 a,* This Power ofAttomey is grant€d by aulhori!y oI the lir llowing resoltr tions adopted by the Board of Directors of Creal Am€ican Insurance Company by unaDimous \iritten consenl dated June 9. 2008. RESOLI'ED: That the Divi\ionat President, the s^,erol Divisional Senbr lice Prcsidents, Di|isional t'ice Presidents and Di|isonal Assistunt hrc Prcsidents, or any one of then, be and hetebr is uuthotized, tom tine to time, ta appoint onc o. nare AttomeNs-in-Fact ta cxetute oa hehoU of the Conpcnr, as surety, any and ullhonds, ndertakings atul conhtrct of sirefship, or other witlin obligar ions tn the nuntr thcral lo ?re',rihe rhetr rcltictte duriis aitl lho nspeche li its of their aurho tiry*: and to revoke anl'such uppointnent at dn.t tinrc- RESOI,I'ED FURTHI:R. That the (bDtpdnl sedl a d the signature ofanr o.f the albresaid olfr&rs and an! S&-retd^.or Assistunt Secretan oI thp ot othtr witten obliga lion in the iutu'-e thereof, sltth sig oture a nd seal when so used being hercb), adoptetl b), the Compan| a: the onginol si gnatur al su& ollicer aacl the oiginal seal of the (irnpanr, n] be valid antl binding upon the Conpanr nih the saneforce and ellect as though manuallv alJirerl. I, STIIPIIEN C- BERAI IA, A ssistant S lhe R.{olurions ofthc Board of Dirtlclors of.lune 9. signed and scaled this 26U- Cf,RTIT'ICATION cc retary o I ( irear A mencdn In suance ComFary. do hereby ccnr Ij !b aL rhe fo..eo, ra fD$ff 6;di*Gv "rd1008 have nor been revokcd dnd jre no\^ln tull force and effe.r .r\', {:a.U.h;::!.r-*''Ir<?,a# /*7: j:I5;;;;.ry= trj"s,3"$nir;_"t'; a;,;".,II's""'l'it"tl"' 't ?. I*t 16.A.9.b Packet Pg. 648 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) Detail by Entity Name Flonda Deoartmeot of Slate Page 1 of2 Dlv s oN oF CoRPoRAroNs J( !tttt.r,;,.tifrW.tg L),,i :+, -, :,-, -' t n t r : .---' tut '411' '!t! :'" 'a t t't!tt' "!i''tt' Deoartmeflt or Slate / oivision of Corporations / Searcn Records / Search bv Enlity Name / Detail by Entity Name Florida Limited Liability Company NEAL COMMUNITIES ACQUISITIONS, LLC Filino lnformation Document Numbe. L09000045195 FEUEIN Number 27-0292218 Oate Filed 05/08/2009 State FL Slatus ACTIVE Princioal Address 58OO TAKEWOOD RANCH BLVD SARASOTA. FL 34240 Changed: 0412212013 Mailino Address 58OO LAKEWOOD RANCH BLVD SARASOTA, FL 34240 Changed 0/,122D013 Reoistergd Aoent Name & Address SCHIER, JAMES R 58OO LAKEWOOD RANCH BLVD SARASOTA. FL 34240 Address Changed: O4|22DO13 Authorized Person(s) Detail Name & Address Tit e MGR SCHIER, JAMES R 58OO I-AKEWOOD RANCH BLVD SARASOTA, FL 34240 Tite s HEIM, PRISCILLA G 58OO TAKEWOOD RANCH BLVD SARASOTA, FL 34240 http://search.sunbiz.orgllnqtiry/CorporationSearch/SearchResultDetail?inquirytype:Entity... g/2g12020 16.A.9.b Packet Pg. 649 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) 8131t2A20 Detail by Entity Name alvtstoN of CoRPoRATroNs D!'lituti uj C r-, i*,t :U _' J' !r_,t t t ) tli $. itlj ',k!t! ,1 I lt'tnltt '.rl'\!t! Oep,edllgd,slstelg / Divlsion of Coroorations / Search Records / Sear.h by-EEtjly-Ns4g / Detai! by Entity Name Florida Limited Liability Company NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC Filing lnformation Document Number L09000120732 FEI/EIN Number 27-1576866 Date Filed 1211812009 Effective Date 10/19/1995 State FL Status ACTIVE Last Event CONVERSION Event Date Filed 1211812009 Event Effective Date 1213012009 Princip3lll!&llesE 58OO LAKEWOOD RANCH BLVD. Sarasota, FL 34240 Changed: 0311512013 Mailing Address 58OO LAKEWOOD RANCH BLVD Sarasota, FL 34240 Changed: 0311512013 Eegistered Agent Name & Address SCHIER, JAIVES R 58OO LAKEWOOD RANCH BLVD, Sarasota, FL 34240 Address Changed: 031 I 51201 3 Authorized Person(9) Detail Name & Address Title IMGR NCDG MANAGEMENT, LLC 58OO LAKEWOOD RANCH BLVD, Sarasota, FL 34240 ,//// ;ill/t{,org search.sunbiz.org/lnquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=NEALCOMMUN 1.. . 1/4 16.A.9.b Packet Pg. 650 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) 8t31t2020 Detaal by Entity Name Title P STOREY [/ICHAEL A 58OO TAKEWOOD RANCH BLVD. Sarasota, FL 34240 Title VP SCHIER, JAMES R 58OO LAKEWOOD RANCH BLVD. Sarasota, Fl34240 Title S HEIM, PRISCILLA G 58OO LAKEWOOD RANCH BLVD Sarasota, FL 34240 Title VP Sochar, Mark 58OO LAKEWOOD RANCH BLVD. Sarasota, FL 34240 Title VP Puente, Carlos 58OO LAKEWOOD RANCH BLVD. Sarasota, F:34240 Title VP Cioffi, Kathy 58OO LAKEWOOD RANCH BLVD, Sarasota, FL 34240 TitIE VP CIark, Chris 58OO LAKEWOOD RANCH BLVD. Sarasota, FL 34240 Title VP Colliet John 58OO LAKEWOOD RANCH BLVD. Sarasota , FL 34240 Tltle VP Cronshaw, Tashara 58OO LAKEWOOD RANCH BLVD Sarasota, FL 34240 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnatial&searchNam6Order=NEALCOMMUNI...2/4 16.A.9.b Packet Pg. 651 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One) at31t202a Detail by Entity Name DrvrsroN oF CoRpoRArroNs Dttt::tr-t' i uj l)ui'tt,i':|I'JULI -, ttt ,)ili' !t! ',!t / "i i t,/t't,t r.-ir,!!. ggp_e4tred-Olslcls / Drvision ol CorpetalaG / Search Records / Search by-E!l]Iy:Neo9 / Detail by Entity Name Foreign Profit Corporation GREAT AMERICAN INSURANCE COMPANY Filing lntormation Document Number 80576'l FEUEIN Number 31-0501234 Date Filed 0511511944 State OH Status ACTIVE Last Event NAME CHANGE Al\iIENDMENT Event Date Filed 1012711976 Event Effective Date NONE Principd_ll!&!!ess 301 E. 4TH ST 1sTH FLOOR ctNctNNAT|, oH 45202 Changed: 0411412O2O Mailing Address 301 E. 4TH ST 1sTH FLOOR CINCINNATI, QH 45202 Changed: O411412020 Eegistered Agent Name E Addr6ss CHIEF FINANCIAL OFFICER 2OO E. GAINES ST TALLAHASSEE, FL 32399-OOOO Name Changed: 031 17 12003 Address Changed: 02127 1201 4 Officer/Director Detail Name & Address Title D/SVP/CFO/I r '/, ;z.ttrtlrylorg search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=GREATA[,4 E RIC... 1t5 16.A.9.b Packet Pg. 652 Attachment: Bond Basis (15018 : EWA Bond Release - SkySail - Phase One)