Agenda 04/13/2021 Item #16A14 (Meadowood, PL20190000173)04/13/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$491,680 which was posted as a guaranty for Excavation Permit Number PL20190000173 for work
associated with Meadowood.
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 Meadowood. The As-Built lake cross sections have been received and
the lakes has been inspected on March 5, 2021 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 $491,680. 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.14
Packet Pg. 688
04/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 15221
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $491,680 which was posted as a guaranty for Excavation Permit Number
PL20190000173 for work associated with Meadowood.
Meeting Date: 04/13/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/08/2021 9:04 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
03/08/2021 9:04 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/08/2021 12:41 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/08/2021 1:35 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/09/2021 4:44 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 9:04 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 9:42 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 8:36 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 10:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:13 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/28/2021 1:40 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 11:50 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM
16.A.14
Packet Pg. 689
MEADOWOOD
LOCATION MAP
16.A.14.a
Packet Pg. 690 Attachment: Location Map (15221 : Excavation Bond Release - Meadowood)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 11th day of June,
2019 between D.R. Horton, Inc. 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. PL20190000173 (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 491,680.00.
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
performance security, shall be liable to pay and to indemnify the Board, upon
16.A.14.b
Packet Pg. 691 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
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 -1.L day of :fuf\� , 2019.
SIGNED IN THE PRESENCE OF:
Sign: �V\r��
Printed Name ·. c._ °'--¼� -r, ""� A F v->h ...
ATTEST:
Crystal K. Kinzel, CLERK
By: ______ _
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Sally A. Ashkar
Assistant County Attorney
( resident, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERSOF COLLIE� COUNT¼LO��l <-A __
By:� /k �;u C U.o, "',
as designee of the County Manager
pursuant to Resolution No. 2015-162
16.A.14.b
Packet Pg. 692 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
PERFORMANCE BOND
FOR EXCAVATION WORK
For Meadowood (f/k/a Rushton Pointe)
KNOW ALL PERSONS BY THESE PRESENTS: that
D.R. Horton, Inc.
10541 Ben C. Pratt Six Mile Cypress Parkway, Suite 100
Ft. Myers, FL 33966
(hereinafter referred to as "Owner'') and
The Continental Insurance Company
801 Warrenville Road, Suite 700
Lisle, IL 60532
Bond No. 30074381
(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 Four Hundred Ninety One Thousand Six Hundred -
Eighty and 00/100 Dollars ($491,680.00) 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. PL20190000173 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.
[15-LDS-01664/1153600/1)
16.A.14.b
Packet Pg. 693 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 30th day of May, 2019.
ACKNOWLEDGEMENT
STATE OF FLORIDA COUNTY OF GOLUER.l.£€
Division President
THE FOREGOING PERFORMANCE.--SOND WAS ACKNOWLEDGED BEFORE ME THls3lsTD AY OF
/"JtJ....'{ ,2019, BY :T"�niv Ko/.38,,JS OF D.R. Horton, Inc. WHO IS PERSONALLY KNOWN TdME, OR HAS PRODUCED _____ AS IDENTIFICATION.
WITNESSES:
�®t( Jas ine Bae
Printed Name
,JY)(/LtL4J!t� Melissa Schmidt
Printed Name
STATE OF ILLINOIS COUNTY OF DU PAGE
The Continental Insurance Company
By::::::...b.����__.L.Lf::!.��� Dawn L. Morgan, Attorne
Printed Name/Title
ACKNOWLEDGMENT
(SEAL)
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 30th DAY OF MAY, 20�. BY Dawn L. Morgan AS Attorney-in-Fact OF The Continental Insurance Company WHO IS PERSONALLY KNOWN TO ME.
Notary Public -State of ILLINOIS ---
OFFICIAL SEAL SINEMNAVA
' ' (SEAL) fuAJ� finem Nava 7
NOTARY PUBUC • STATE OF ILUNOISMY COM\fJSSJON EXPIRES:08128121
[15-LDS-01664/1153600/l]
--
16.A.14.b
Packet Pg. 694 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These P1·esents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing
insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein
affixed hereby make, constitute and appoint
James I Moore, Kevin .J Scanlon, R L Mc Wethy, Stephen T Kazmer, Dawn L Morgan, Kelly A Gardner, Melissa
Schmidt, Elaine Mai·cus, Jennifer J Mc Comb, Tariese M Plsciotto, Amy Wickett, Diane M Rubright, Individually
of Downers Grove, IL, its tme and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its
behalf bonds, undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all
the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly
adopted, as indicated, by the Board of Directors of the insurance company.
In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 26th day of June, 2018. ········ ,•;i�" lNS<ik•·· ·'#ii�·. -� I;).� :N =,. ,..,.� -•� -.: . ::,;0 I •O 8: �.o = f: • •• �� #.··· ·•8 l-.• ....... � .......
State of South Dakota, County of Minnehaha, ss:
The Continental Insurance Company
Paul
On this 26th day of June, 2018, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance
company, described in and which executed the l)bove instrument; that he knows the seal of said insurance company; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he
signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company.
J.MOHR
,,e.,HOTAAYPUilt.lC� �80Ulll1W<OTA�
My Commission Expires June 23, 202 l J.Mr:va�I
CERTIFICATE
I, D. Johnson, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of
Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance company
printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance
company this 30th day of May , 2019 .
The Continental Insurance Company
Form F6850-4/2012
Assistant Secretary
Go to www.cnasurety.com >Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
16.A.14.b
Packet Pg. 695 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
Authorizing Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Allorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the Company at a meeting held on May 10, 1995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf
of the Company provided that the name of such authorized ollcer and a description of the documents, agreements or instruments that such
officer may sign will be provided in writing by the Group Vice President to the Secretary of the Company prior to such execution
becoming effective."
This Power of Attorney is signed by Paul T. Brntlat, Vice President, who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf of The Continental Insurance Company.
This Power of Allomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
the Company by unanimous written consent dated the 25'h day of April, 2012:
"Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized
Officers") to execute various policies, bonds, undertakings and other obligatory instrnments of like nature; and
Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be
provided via facsimile or otherwise in an electronic formal (collectively, "Electronic Signatures"); Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shall be valid and binding on the Company.''
16.A.14.b
Packet Pg. 696 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
Authorizing Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the Board of Directors of
the Company at a meeting held on May I 0, l 995.
"RESOLVED: That any Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf
of the Company provided that the name of such authorized officer and a description of the documents, agreements or instiuments that such
officer may sign will be provided in writing by the Group Vice President to the Secretary of the. Company prior to such execution
becoming effective."
This Power of Attorney is signed by Paul T. Brutlat, Vice President, who has been authorized pursuant to the above resolution to execution power of
attorneys on behalf of The Continental Insurance 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 by unanimous written consent dated the 25th day of April, 2012:
"Whereas, the bylaws of the Company or specitic-rei;olution of the.Board of Direc.tors has authorized various officers (the "Authorized
Officers") to execute various policies, bonds, undertakings and other obligatory instrnments ofHke nature; and
Whereas, from time to time, the signature of the Authorized Officers in addition to being provided in original, hard copy format, may be
provided via facsimile or otherwise in an electronic formal (collectively, "Electronic Signatures"); Now therefore be it resolved: that the
Electronic Signature of any Authorized Officer shl,111 be valid and binding on the Company."
16.A.14.b
Packet Pg. 697 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
6/4/2019 Detail by Entity Name
[.)• /1"_,IIJ r;j
S 01�.201:1 _'l l r.J_ I_'._;
111 ,f f I ,r, I
Department of State / Qiyjsjon of Cor� I Search Records I �Y Document Number /
Detail by Entity Name
Foreign Profit Cor poration
D.R. HORTON, INC.
Elling Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Changed: 04/20/2019
M.s!iling Address
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Changed: 04/20/2019
P36059
75-2386963
10/24/1991
DE
ACTIVE
CORPORATE MERGER
12/23/2002
01/01/2003
&gistered Agent Name & Address
CT CORPORATI ON SYSTEM
1200 S. PINE ISLAND RO AD
PLANTATION, FL 33324
Name Changed: 02/24/1992
Address Changed: 02/24/1992
Officer/Director Detail
Name & Address
Title VP & RP
ROMANOWSKI, PAUL J.
12602 Telecom Drive
Tampa, FL 33637
DIVISION OF CORPORATIONS
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16.A.14.b
Packet Pg. 698 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
Title EVP & CFO
WHEAT, BILL W.
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title Director & Chairman
HORTON, DONALD R.
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title VP & S
MONTANO, THOMAS B.
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title AVP & AS
Dagley, Ashley
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title President & CEO
AULD, DAVID V.
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title EVP & COO
MURRAY, MICHAEL J.
1341 HORTON CIRCLE
ARLINGTON, TX 76011
Title VP & DP
Roca, Rafael J.
6123 Lyons Road
Suite 100
Coconut Creek, FL 33073
Title VP & DP
Robbiins, Justin A.
10541 Ben C Pratt Six Mile Cypress
Fort Myers, FL 33966
Annual Rep.Q.!ll
Report Year Filed Date
16.A.14.b
Packet Pg. 699 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)
Document Images
Detail by Entity Name
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16.A.14.b
Packet Pg. 700 Attachment: Bond Basis (15221 : Excavation Bond Release - Meadowood)