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
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16.A.10.b
Packet Pg. 402 Attachment: Bond Basis (15517 : Excavation Bond Release - Allura)