Agenda 09/14/2021 Item #16A39 (Performance Bond Release for Esplanade Golf & Country Club of Naples SDP #1 PL20120001253)09/14/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$1,014,980, which was posted as a guaranty for Excavation Permit Numbers 60.084,
PL20120001253 and 60.084.2, PL20140002460, for work associated with Esplanade Golf and
Country Club of Naples SDP #1.
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. A Performance Bond was posted as security for
Excavation Permits No. 60.084 and 60.084-2, associated with Esplanade Golf and Country Club SDP #1.
The As-Built lake cross sections have been received and the lakes have been inspected on July 30, 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 $1,014,980. 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.39
Packet Pg. 1060
09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.39
Doc ID: 17657
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $1,014,980, which was posted as a guaranty for Excavation Permit Numbers 60.084,
PL20120001253 and 60.084.2, PL20140002460, for work associated with Esplanade Golf and Country
Club of Naples SDP #1.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/03/2021 1:49 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/03/2021 1:49 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/03/2021 4:00 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/03/2021 6:31 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 08/04/2021 2:18 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/09/2021 9:10 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/10/2021 12:31 PM
Growth Management Department Trinity Scott Transportation Skipped 08/09/2021 9:23 AM
Growth Management Department Mike Bosi Growth Management Completed 08/10/2021 2:43 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/11/2021 8:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/11/2021 8:29 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/11/2021 9:54 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/11/2021 4:08 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 4:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.39
Packet Pg. 1061
ESPLANADE GOLF AND COUNTRY CLUB
SDP #1
LOCATION MAP
16.A.39.a
Packet Pg. 1062 Attachment: Location Map (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
KNOvV ALL PERSONS BYTI-IESE PRESENTS: that
Taylor Morrison Esplanade Naples, LLC
501 N. Cattlemen Rd., Suite 100
Sarasota, FL 34232
(Hereinafter referred to ac; "OMler") and
Lexon Insurance Company
12890 Lebanon Road
MtJuliet, TN 37122
615 250-3040 X3043
BOND NO. 1091823
(Name of O\Nner)
(Address of OM,er)
(Address of ONner)
(Name of Surety)
{Address of Surely)
(Address of St.rety)
(Telephone Nu-rber)
------
(hereinafter referred to as "Surety") are held a,d firrrly bound_unto <'nllier Cnuntv, Rori� {hereinafter-:-OneMiUionrourteenlliousailifNmc referred to as "County") in the total agg1egate sum of Hundred Eighty and 00/100 Dollars
($ 1,014,980.00-) In lav,,ful m:>ney of the United States, for the payrrent of mch sum \t\.ell and truly
to be made, we bind ourselves, our heirs, exerutors, adninistrators, sucx:es.sors and assigns, jointly and
severally, firrrfy by these presents. ONner and Sl.rety are used for sl�lar or plural, as the context
requires.
lHE CO'IOl110N OF 1HIS OOUGATION is such that w-iereas, the C>.Nner has subnitted for appro.,al by
the Board of a certain Slbdivision plat narred &planade at Naples Golf and Country Club and that
certain subdivision shall include specific irrprovements whid, are reqlired by Collier County o-dinances
and Resolutions (hereinafter "Land Developrrent Regulations'1. This obligation of the Surety shall
com-nence on the date this Bond is� and shall oontinue until the date of final acx:eptance by the
Board of County Corrmssioners of the specific I� desaibecl in the I.and Developrrent
Regulations (hereinafter the "Guaranty Period1.
l'IXJWTHEREFORE, If the OMier shall well, truly and faithfully perform its obligations and duties
in accordance Vllith the I.and Development Regulations duing the guaranty period established by the
County, and the OM1er shall satisfy all daims and derrands incurred and shall fully indermify and save
harmless the County from and against all costs and damages IM'lich it may suffer by reason of Cl'J\Kler's
failure to do so, and shall reirrt>t.rse and repay the Cou,ty all outlay and expense lhhich the County rrEf/
incur in makirg good any default, then this obligation shall be void, otherwise to remain In full force and
effect.
PRCMDED, FURTHER, that the said Slrety, for value received hereby, stipulates and agrees that
no change, ectension of tirre., alteration, addition or deletion to the proposed specific inµ-wements
shall in any 'INir{ 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 irrp-ovements.
PRCMDED, FUUHER. that it is expressly agreed that the Bond shall be deerred amended
autorratically and imrediately, without formal and separate amendments hereto, so as to bind the
16.A.39.b
Packet Pg. 1063 Attachment: Bond Basis (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
Owner and the Surety to the full and faithful performance in accordance with the Land Developrrent
Regulations. The term ".tvnendment", -.,.,herever used in this Bond, and \Mlether referring to this Bond,
or other documents shall include any alteration, addition or rrodific:ation of any character \Mlatsoe-ter.
IN VvlTNESS \N'HEREOF, the parties hereto have caused this PERFORIVW\JCE BOND to be
e xecutedthi s 22nd dayof January / 2013 ; _____ -'
VvlTNESSES:
Printed Name
Printed Name
( nd ti ·t . ) Taylor Morrison Esplanade Naples, LLCOwner Name a Tt e , Corporation
By:
Printed Name/Title
(Provide Proper Evidence of Authority)
ACKI\IO\M.EDGEr..lENT
SfATE OF _____________ _
COUNTY OF ____________ _
THE FOREGOING PERFORI\AI\NCE BOND WAS ACKNO'v\-\..EDGED B EFORE IVIE THIS DAY OF
------'----�------' 20 __J by ______________ (NM/IE
OF ACKNO\AILEDGER) AS _______ (llTLE) O F ___________ {.NAIVE OF
CONIPANY) Vv1-iO IS PERSONALLY KNONTO IVIE, OR HAS PRODLCED __________ _
/lS IDENTIFICATION.
Notary Public-State of ________ _
(SEAL)
Printed Name
�;on 1tn1:rCY,-.__ ,__A_
Anett Cardinale, Attorney-in-Fact & FL Licensed Resident Agent
Inquiries: (813) 281-2095
16.A.39.b
Packet Pg. 1064 Attachment: Bond Basis (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
ACKNOWLEDGEME T BY SURETY
STATE OF FLORIDA
} COUNTY OF HILLSBOROUGH ss.
On this 22 nd day of January, 2013 before me, personally came
Anett Cardinale, who is personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person who
executed the within Instrument as Attorney-In-Fact on behalf of
Lexon Insurance Company, and acknowledged to me that
he/she executed the within instrument on behalf of said surety
company and was duly authorized to do.
In witness whereof, I have signed and affixed my official seal on
the date in this certificate first above written.
Signature 17/� �
Margaret.Ginem
This area.for Official Notarial Seal
16.A.39.b
Packet Pg. 1065 Attachment: Bond Basis (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
POWER OF ATTORNEY
Lexon Insurance Company LX -0 6 2 6 71
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: C 1 H H D · d H C A C d" 1 ** ** ** aro . ermes, av1 . arr, nett ar ma e *************************************************************************************
its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $ 2,000,000.00 Two million dollars•••••••••••••••••••••••••••-••••••**•••••••••••••••••••• dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
r:?✓�� BY ___________ __;__ ___ _
David E. Campbell President
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL',
MAUREEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE ��Ay:¥ Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERT IFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now in force.
Signed and Sealed at Woodridge, Illinois this _J=-·_d_----'._n�d�_ Day of r/1.bAtf O Io
Philip G. Lauer Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties."
LX2
16.A.39.b
Packet Pg. 1066 Attachment: Bond Basis (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
Date:
Project:
Description:
Project#:
Prepared By:
Check By:
Lake
1
2
4
3
SA
SB
6
9
11
12A
12B
8
7
24
23
13A
13B
lSA
lSB
20
21
25
Total
12/7/2012
Esplanade Golf and Country Club of Naples
Excavation Bond
276-03
BJM
JHA
Excavation Bond Calculation
Linear Feet Cost Per Linear Foot
Sand Rock Sand Rock
1,470 0 $20.00 $100.00
4,941 0 $20.00 $100.00
1,047 0 $20.00 $100.00
1,318 0 $20.00 $100.00
1,252 0 $20.00 $100.00
1,499 0 $20.00 $100.00
983 0 $20.00 $100.00
5,692 0 $20.00 $100.00
2,064 0 $20.00 $100.00
2,305 0 $20.00 $100.00
4,528 0 $20.00 $100.00
1,039 0 $20.00 $100.00
3,550 0 $20.00 $100.00
2,774 0 $20.00 $100.00
2,079 0 $20.00 $100.00
1,546 0 $20.00 $100.00
1,306 0 $20.00 $100.00
1,728 0 $20.00 $100.00
1,919 0 $20.00 $100.00
1,289 0 $20.00 $100.00
4,923 0 $20.00 $100.00
1,497 0 $20.00 $100.00
50,749 0 $20.00 $100.00
Total Bond
Amount
$1,014,980.00
Note: Bond amounts are per Section 22-115 of the County Ordinances in M.micode
Jeremy H. Arnold
Date
Florida Registration# 66421
Certificate of Authorization# 8636
16.A.39.b
Packet Pg. 1067 Attachment: Bond Basis (17657 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)