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Agenda 05/11/2021 Item #16A10 (Performance Bond Release - Allura)05/11/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $81,736.39 which was posted as a guaranty for Excavation Permit Number PL20190002445 for work associated with Allura. 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 Allura. The As-Built lake cross sections have been received and the lake has been inspected on April 6, 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 $81,736.39. 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.10 Packet Pg. 392 05/11/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 15517 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $81,736.39 which was posted as a guaranty for Excavation Permit Number PL20190002445 for work associated with Allura. Meeting Date: 05/11/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 04/06/2021 4:22 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 04/06/2021 4:22 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 04/06/2021 4:54 PM Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 04/07/2021 2:48 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 04/08/2021 2:54 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 04/16/2021 1:10 PM Growth Management Department Matthew McLean Additional Reviewer Completed 04/16/2021 5:16 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 04/19/2021 11:53 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 04/22/2021 9:52 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/22/2021 10:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/23/2021 2:18 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/29/2021 6:38 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/02/2021 1:30 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM 16.A.10 Packet Pg. 393 ALLURA LOCATION MAP 16.A.10.a Packet Pg. 394 Attachment: Location Map (15517 : Excavation Bond Release - Allura) EXCAVATION PERFORMANCE AGREEM ENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this za day ot November .20 19 between SD Livinqston. 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 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. PL20190002445 (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 agrees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $81.736.39. 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 flnal Excavation Work is reviewed and approved by the County Manager or designee for compliance with the Excavation 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 4 A o 1. 2. 3. 16.A.10.b Packet Pg. 395 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) security, shall be liable to pay and to indemni! 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. lN WITNESS WHEREOF, the Board and Developqr have caused this Agreement to be executed by their duly authorized representatives this 9'1,,r day of T)ec.*tt. r ,20J+. SIGN Sign: ED IN EPR E OF:SD Living ston LC B Printed Name/Title Keith Gelder, Vice President Printed NamZ*2.5 -t,tut,o.t/ Sign: P Name lst1.Nh 3s(lr or..,r ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida App as to form and legality: Sally A. Ashkar Assistant County Attorney BOARD OF COTINTY COMMISSIONERS OF COLLIER COTINTY. FLORIDA By /'4^{4. as designee the County Manager pursuant to Resolution No. 2015-162 16.A.10.b Packet Pg. 396 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) Exhrbt 'l Eond No. LICX 1192026 PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: thAt SD Livingston, LLC 2639 Professional Circle, Suite 101 Naples, FL 341 19 (hereinafter referred to as "ownef') and Lexon lnsurance Company 10002 Shelbyville Road, Suite 100 Louisville, KY 40223 615-553-9500 (hereinafter 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 Eiohty-One Thousand Seven Hundred Thirtv-Six and 39/100 Dollars ($81.736.39) in la\/Vful 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 req u ires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain excavation permit no. PL20190002445 and that certain excavation permit shall include speciflc improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation ofthe 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 sutfer 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, alterataon, 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 WTNESS WHEREOF, the parties hereto have caused this PERFORN4ANCE BOND to be executed this 3d day of December, 20'19. WITNES By Printed Na a ".9 {"/,-9tz k,h rie?'.sd. Printed Name/Title (Provide Proper Evidence of Authority) Printed Name €n"'qYS"tto&- SD Livingsto n, LLC 16.A.10.b Packet Pg. 397 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) E FOR OING P WHO IS PERS ONALLY K Notary Public - State of AC KNOWLEDGEM ENT F.RMANCE B.ND wAs ACKN.*LEDGED BEF.RE ME rHrs !!oo, o, 0 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) &Jrto /l&,^1-"^tyttt)- 14 g*t,P WITNESSES:Lexon lnsurance Company 5,s*74'v By ,lr^e^-tfru;,"A: Su Ritte r Sandra L. Fusinetti, Attorney-in-Fact (Provide Proper Evidence of Authority) Lyn nette Long ACKNOWLEDGM ENT STATE OF KENTUCKY COUNry OF JEFFERSON 4t( lat Notary Public - State of Kentucky Theresa Pickerrell, Notary Public My Commission Expires: October 26, 2023 t4-Ets-02650/7 ffi JUOITH IlI SEALE Nolary Puhlrc Slale ol Florrda Commrssron # GG 0272FE I\.4y Cornm. Expires SeP 28,2020 Eonded lhrouqh Nalional Nol Y Assn [1s-LDS 01664/11s3600/1] z"ili,x"wt OR HAS PRODUCED AS IDENTIFICATION. o THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 3'd DAY OF December, 2019, BY SANDRA L. FUSINETTI AS ATTORNEY-IN-FACT OF LEXON INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO IVIE, M 16.A.10.b Packet Pg. 398 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) Q,SOMPO INTERNATIONAL M 1 1078 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporalion, a Delaware corporatioo, Endurance American lnsuranc! Company, a Delaware corporatron, Lexon lnsu€nce Company, a Texas corporation, and/or Bond Safeguard lnsurance Company, a &uth Dakota comoration, each, a'Company'and collectively, 'Sompo lnternational,' do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Meredith, Deborah NeichGr, Theresa Pickenell, Sheryon Quinn, Belh Frymire, Leigh Mccarthy, tlichael Oix, S6an Ritter as true and lav!fu| A(orney(s)-ln-Faci to make, execute, seal, end deliver for, and on its behalf as surety or co-surety; bonds and undertakings given for any and all purposes also to execute and deliver on its behalf as aforesaid renewels, extensions, agreements, waivers, consents or stipulatjons relating to such bonds or undertakings provicled, however, that no single bond or undertaking so made, executed and delivered shallobhgate the Company ior any portion of the penal sum thereof in excess of the sum ofOneHundrcd Million Dolla6 ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fac1, shall be binding upon the Company as fully and to the same extent as f signed by the President of the Company under its colporate seal attested by its Corporate Secretary This appontment is made urder and by authority of certain resolutions adopted by the sole shareholder of eactr Company by unanimous written @ns€nt effeclive the 1 5b day of June, 2019, a copy of which appears below under the heading entitled "Certifcate". This Power of Attorney is signed and sealed by facsimile under and by authority of the folloring resolution adopted by the sole shareholder of each Company by unanimous written consent effeclive the 15s day of June, 2019 and said resolution has not since been revoked, amended or repealedl RESOLVED, that the signeture of an individual named above and the seal of the Company may be affixed to any sucfr pou,er of attorney or any certifcate relating thereto by fucsimile, and any such power of attorney or certificate bearing such facsimile signature or sealshall be valid and binding upon the Company in the ruture wth respect to any bond or unde(aking to which it is attached. lN WTNESS WHEREOF, each Company has caused this instrument to be signed by the lollowing offcers, and its corporate seal to be affixed this 15s day of June. 2019 Endurance Assurance C orporation rance company ^ Bond Safeguard ."ru:.f)-m*a^"c Ricilard Appeli.svP &Senior't oun\el -.."W11194".,.-'lsl'' a 'Q,'zjg-r sourH '.rz:,t DA,(OTA Oi : ; NsuRA cE . -=.::_ a. COMPANY ta- -:.a-o. .. r:.s.u'r ...s--,,^4,,h',',,,,'..".. "*J", )t .1./t ( Counsel ,t+. oa Counselppelnior On this 15s day ofJune, 2019, befo€ me, personally came the above signatories known to me, wlro being duly sworn, did depose and say that i.1h"$i{sfl.y"*"ofthe Companies, and that he execlted said instrument on behalf of each Company by authority of his der of each Compa By aylor, N ublc My Commissio,Erp,B"ygD:-i.h*{.sCERTIFICATE l, the undersigned Ofiicer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attomey ofv,/hich the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modiied, that the undersigned has compared the foregoing copy thereot with the original power of attomey, and that the same is a true and conect copy of the ofiOinal power of attomey and of the whole thereot 2. The followng are resolutions which were adopted by the sole shareholder of eech Cornpany by unanimous written consent effectve June 15, 2019 and sad resolutions have not since been revoked, amended or modifed: 'RESOLVED, that each of the individuals named below rs authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or cosurety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L SIMS, The Office of Fo€ign Assets Contlol (O numerous foreign agents, front organizati on lhe Unil€d Stales T.easuqy's websrie FAC) adminislers and enforces sancrions poticy, based on presidenti al declarations of 'nalionat emergency"OFAC has idenlified and trsledons le rrorists, lerro d st organ zalions and narcorics lraflickers as,S peclally Oesignated Nationatsand Etocked persons'. This tistcan be tocatedsurv oov/resource,@niersan clontSDN,L,sr subjecl to oFAc when a surelv bond or other form or surety coverase is constdered to be such a brocked or rrozen cont;;i ;; p;y;.; ;;; ;,"r.um rerunds may be made withoulaulhorization lrom OFAC. other limitaUons on the premiums and pay;ents may atso appty. Any r€productiods are void. SEAL + Surety Ctaims Submtssion: LexonCtaimAdmtnistrationl@somoo_infl .comr€lephone: 515-553,9fl)0 M.fltns Address: Sompo rnternrtionj; r zsgo-Ii;iiiiiii ounr Jurier, TN 3?122-2870 Endurance American jttt ACKNOWLEDGEMENT ; and be itturther RESOLVED, that each of the individuals named above is authorized to appoint attorneys-in-iact for the purpose of making undertakings or obligations in surety or co-surety br and on behelf of the Company." NOncE: U. S. TREASURY DEPARTMENIS OFFICE OF FORE|GN ASSETS CONTROL {OFACt No coverage is provided by this Notice norcan il be conslrued to replace any provisjons ofany su€ty bond orother surety coverage providedpossible,mpact on your surety coverage due lo directives issued by OFAC ptease.oad thas NoUc. carefu[y. Th s Not ce provdes intormi onconcerntng 2402 '1396 16.A.10.b Packet Pg. 399 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) 12t4t2419 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company SD LIVINGSTON, LLC Filing lnformation Document Number Ll8000002101 FEI/EIN Number 82-4061360 Date Filed 0110312018 State FL Status ACTIVE Principa!_./k&tgss 2639 PROFESSIONAL CIRCLE STE ,I 01 NAPLES, FL 341,I9 Mailing Address 2639 PROFESSIONAL CIRCLE STE 101 NAPLES, FL 34119 Begistered Agent Name & Address COLEI\,4AN, YOVANOVICH & KOESTER, PA. 4OO1 TAMIAMI TRAIL N STE 3OO NAPLES, FL 34103 Authorized Person(9) Detail Name & Address Title MGR STOCK, BRIAN K 2639 PROFESSIONAL CIRCLE STE 101 NAPLES, FL 34119 Title VP GELOER, KEITH 2639 PROFESSIONAL CIRCLE STE 101 NAPLES, FL 34119 Annual Repods Report Year 2019 Filed Date 0412512019 Document lmageg O4l25l2019 - ANNUAL REPORT 01/03/2018 - Florida Limited Liabilitli View rmage in PDF formal View image in PDF format search sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SDLIVINGSION 212 16.A.10.b Packet Pg. 400 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) SD LIVINGSTON, LLC, a Floridr lltlrited ll.bility corDpary RESOLUTION OT ME}IBfRS Pursraot to lhc tcrms rod conditions of thc Articlcs of Org.rization and Opcrating Ag.e€menl and ReBulations of SD Livingslon, LLC. . Florida limitEd liability compahy, (the "Compaoy"), the uDdersigred cenify ss follows: l. The undersitned arc the solc Membe6 ofrhc Company Keith G€lder is hcrtby dcsignatcd Vic+ Prcsidcnt of the Compmy snd is hereby authoriz.d, for and on behalf of rhe Company, to negotiate, entcr inlo, execute and deliver any purchase and sale contract betw€an the Company and any third+rrty purchaser snd any leasing agrE€ments for Company prope.ty, but shall not be authorizei to convey or pledge Company propeny, or siga any d€€ds or mortgag€s. 2 3 In addition, Kcirh Celder, ss Vicc Prcsided ofthc Comproy is hcreby sutho.ize4 for aDd on behalf of the Company. to app€rr bcforc all sppliclbl€ goveming bodica, hcluding nate, counry and locrl govemment divisio,ls. departEcnrs, comsissioE rrd,/or cou!3els lo conduct Coeprny busiocrs ard paocur any pemits, licmses or otherwis€ required by such govemi[8 bodi€s for the developmcnl, constsuction, rcnovstio, snd/or lcasing of proFrty owned by thc Company, and lo qcculc eny and all documcntation rcquircd by such govcming body in rclstion to the same, and lo executc any docum€ols rclated to or arising under rny hnd d€veloprDent coda matt€., including, without lim aion, any code cnforcement matter. T}c uodcrsigned ocknowlcdSe thd this Resolution is a broad glnl ofa$thority 1(' Keilh Gelder rclatinS to Ge propeny owned by lhe company. This Rcsolution is cxccuted in ordcr !o facilitatc aII .fficient proccss for the n.gotiation .rd €xecution of lc&s€s snd purchasc and salc contsacts and to tppear bcfqc all +plicable governing bodies on behalf of the Cornpany, and ottain all ncc€ssaD/ pcrmits, Iiccnses or orhcr*ise rGquired by the same. lN WITNESS WHEREOF, the undenigned hav. executcd these presents on tt i" 7&fi U"r"f. ZOtt. MtrMBERS: BK STOCK HOLDINGS, LI,c, a Florida iimitcd Ilv: ANK I( as Menagcr BKS MANACEMENT, INC., s Florida corporatioh By: rNK.s as President 4 16.A.10.b Packet Pg. 401 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura) STATE OF FLORIDA COTJNTY OF COLLIER The foregoing Rcsolution of Mcmtrers rras acknowle dged before me this 2 E +hay of u"rctr, 201t, by Brian K. Stock, as Manager of BK Stock Holdings, LLa, a Florida limired lirbitity company, on bchalfofthc conrpany. Hc is personally known to me. Public ofFlo.ida t6. Notsry Public Printed Name STA]E OF FLORIDA COUNTY OF COI,LIER Thc foregoing Resolution of Membcrs was acknowJcdgcd beforc mc tris 2 BLaay ot tvtarch, 2018, by Brian K. Stock, ss President of BKS Managemcnt, [nc., o Flori& corporation, on behalf of the corporation. Hc is personally known to mc. Public of (SEAI,Deoise I'l r NoEr, Public Printed Nam.,+$t'i:i:*l f* *i'ffis' DENISE M. GRIT'{ER MY COtlMtsSlON C GG 0m204 EXPIRE8 Seplornb.r 9, 20?0 8or6.d ]lt,! Ndlry PlJuh t r&iwiEi f.. ISEAL) 0Et GG 02020{sMlsslo"rycc ,?nz| 8o.d.d 1tfl]I \1, 16.A.10.b Packet Pg. 402 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura)