Agenda 09/14/2021 Item #16A44 (Performance Security Release for Willow Run Quarry PL20110001383)09/14/2021
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to release the
existing excavation performance security in the amount of $500,000, that was replaced by an
excavation performance agreement and alternate excavation performance security in the same
amount, for the project known as Willow Run Quarry, Commercial Excavation Permit Number
59.206, PL20110001383.
OBJECTIVE: For the Board of County Commissioners ("Board") to release the existing excavation
performance security that is being replaced by an Excavation Performance Agreement and alternate
excavation performance security in the same amount, for the project known as Willow Run Quarry,
Commercial Excavation Permit Number 59.206, due to change in ownership of the subject real property.
CONSIDERATIONS: On May 19, 2002 the Board accepted a Performance Bond No. 08618539 posted
by Southern Sand and Stone Inc. and Joseph D. Bonness, Jr., as trustee of Willow Run Land Trust, as
excavation performance security for Commercial Excavation Permit No. 59.206, PL20110001383 for a
project known as Willow Run Quarry. SD San Marino, LLC, who purchased the underlying real property
on June 25, 2021 via Special Warranty Deed, recorded in O.R. Book 5977, at Page 3932 of the Public
Records of Collier County, Florida, has assumed Commercial Excavation Permit No. 59.206 and its
responsibilities, and has provided an excavation performance agreement and alternate excavation
performance security in the amount of $500,000 to replace the existing excavation performance security.
Therefore, the existing excavation performance security, Performance Bond No. 08618539, can be
released.
The project has been found to be in substantial compliance with the terms of the original permit.
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 existing Performance Bond No.
08618539, in the amount of $500,000. 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)
3. Special Warranty Deed (PDF)
4. Excavation Performance Agreement and Alternate Excavation Performance Bond (PDF)
16.A.44
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09/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.44
Doc ID: 17674
Item Summary: This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to
release the existing excavation performance security in the amount of $500,000, that was replaced by an
excavation performance agreement and alternate excavation performance security in the same amount, for
the project known as Willow Run Quarry, Commercial Excavation Permit Number 59.206,
PL20110001383.
Meeting Date: 09/14/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/05/2021 4:07 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/05/2021 4:07 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/05/2021 7:00 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 08/09/2021 9:43 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/09/2021 10:17 AM
Growth Management Department Jaime Cook Additional Reviewer Completed 08/09/2021 9:12 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/10/2021 12:44 PM
Growth Management Department Trinity Scott Transportation Skipped 08/09/2021 9:19 AM
Growth Management Department Mike Bosi Growth Management Completed 08/10/2021 2:45 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/10/2021 5:06 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/11/2021 8:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/11/2021 9:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/12/2021 3:44 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 09/01/2021 4:37 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/14/2021 9:00 AM
16.A.44
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WILLOW RUN QUARRY
LOCATION MAP
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Packet Pg. 1114 Attachment: Location Map (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
LICENSE OR PERMIT BOND · Bond No, 08618539
KNOW ALL MEN BY THESE PRESENT, THAT WE, SOUTHERN SAND AND STONE, IN C,, of Naples,
Florida and JOSEPH D. BONNESS, JR,, TRUSTE� WILLOW RUN LAND TRUST, as Principals,
E.nd Fidelity and Deposit C9mpany of Maryland , having its Pl'.'incipal office in
the City of Baltimore, Maryland as Surety, are held and firmly bound unto Project
Review Services, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, herein-
, after called the Obligee, in the penal sum of Five Hundred Thousand and 00/100 Dollars
($500,000,00? lawful money of the United States of America to be paid to the said
Obligee, for which payment well and truly to be made, we bind ourselves, or heirs,
executors, administrators, successors and assigns, jointly and severally, firmly
by these presents,
SIGNED WITH OUR HANDS AND SEALED WITH OUR SEALS THIS
,\ 19th day of M.1y. , �004.-.
WHEREAS, a license or permit has been granted by the Obligee to the above bounden
Principals authorizing excavation for Willow Run, this bond to comply with Collier
,.;-:;... -. ·-.,.,_. . ····----County Ordinance No. 91-102, Division 3.5, For Willow Run Excavation Permit No.-,·--··--'• . -------59,206, Part of Sec 11 & 12, T50S, R26E, Collier County, Florida.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principals
shall faithfully observe the provisions of the laws, ordinances, and resolutions,
governing the issuance of this license or permit and guarantee satisfactory com
pletion of excavation work, then this obligation shall be null and void, other
wise to remain in full force and effect.
This bond shall become effective the 19th -----day of __ M_a __ y'-"----2002
The Surety may cancel this bond at any time by filing with the County, Sixty (60)
days writ ten notice of its desire to be relieved of liability but only if replace
ment security complying with Section 3,5.10 of County Ordinance 91-102 is provided
or satisfactory completion of work has been achieved. The Surety shall not be dis
charged from any liability already accrued under tlils bond or which shall accrue
hereunder before the expiration of the Sixty (60) days period,
WILLOW RUN LAND TRUST SOUTHERN SAND AND STONE, INC.
s(f1� mio.niss rustee Company, of Marylan ,
By :�--=...:::..::::::1....-�....i,,.���.....:..�--E�leen · c. Heard, , Attorney-in-Fact and Licensed Florida Agent
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Packet Pg. 1115 Attachment: Bond Basis (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
Power of Attorney
FIDELITY ANO DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Kevin WOJTOWICZ, Peter A. THOMSON an�E' en C. HEA , all of Largo, Florida, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal an er, for, its behalf as surety, and as its act and deed:any and all bonds and undertakings and the execution bonds �1HK1ertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply intents oses, as if they had been duly executed and acknowledged by the regularly elected officers of the any at i e in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on beha evin W CZ, Peter A. THOMSON, and Eileen C. HEARD, dated June 27, 2001. � -�The said Assistant Secretmy does hereby��e extra�orth on the reverse side hereof is a true copy of Article VI,Section 2, ofthe By-Laws of said Company, win fore �
, .. IN WITNESS WHEREOF, the said esident " ssistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said Fl .A1%!fb�IT COMPANY OF MARYLAND, this 17th day of July, A.D.2001. � � &� -� ATTEST: � r% FIDELITY AND DEPOSIT COMPANY OF MARYLAND �
State of Maryland } Counfy of Harford ss:
� � d�� By: J. G. Hamilton Assistant Secretary Paul C: Rogers Vice President
On this 17th day of July, A.O. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
POA-F 031-4315
��-
Patricia A. Trombetti Notary Public My Commission Expires: October 9, 2002
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Packet Pg. 1116 Attachment: Bond Basis (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
EXECUTIVESUMJ\1ARY
RECOMMENDATION TO APPROVE A MODIFICATION TO COM.MERCIAL EXCAVATION PER.MIT NO. 59,206 "WILLOW RUN QUARRY", LOCATED IN SEC TION 11,12,13, & 14, TOWNSHIP SO SOUTH, RANGE 26 EAST, BOUNDED ON ALL SIDES BY VACANT LAND ZONED "A", EXCEPT FOR THE NORTH SIDE OF THE NORTH PARCEL WHICH ABUTS THE NAPLE S GOLF ESTATES PUD. (THIS IS A COMPANION ITEM TO CU-97-16, WILLOW RUN TRUST)
OBJECTIVE:
To issue a modification to the existing Excavation Permit know as the "Willow RunQuarry" in accordance with section 3 .5 of the Land Development Code.
CONSIDERATION:
The petitioner proposes to expand his existing quarry operation toward the north into a �
120 AC parcel and south into an 80 AC parcel. The northern excavation will be 34 acres and the southern excavation will be 26 acres. The excavation on the existing parcel will be expanded by 70 acres.
If the petitioµer can excavate the entire 130 acres to the full depth, staff estimates that theoperation could generate as much as 8.9 million C.Y. of fill.
Off site removal of fill will be subject to the standard conditions prepared byTransportation Services (attached).
FISCAL IMPACT:
Permit Application $8S0.00Permit Fee: $26,764.00Road Impact Fee 0
The permit and application fees are collected in the Community Development Fund -Development Services Administration (113-138900).
OROW1Ji MANAGEMENT IMPACL
None
N��)i0tAftt)
OCT 2 8 1997
Pg. 1
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Packet Pg. 1117 Attachment: Bond Basis (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
Commercial Excavation Permit No. 59.206 (Modification) Page2
RECOMMENDATION:
That the-Board of County Commissioners approve the modification to Commercial Excavation Permit No. S9.206 "Willow Run Quarry" with the following stipulations:
1.The excavation shall be limited to a depth of SO', '(Elev. -40 NGVD) below existing grade
(+10.0 NGVD).
2.Off site removal of material shall be subject to "standard conditions" imposed by theTransportation Services Division in document dated 05/24/88 (copy attached).
3.Where groundwater is proposed to be pumped during the excavating operation, a
Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Project Plan Review for approval prior to the commencement ofany dewatering activity (?n the site.
4.If trees are to be removed as a result of the excavating operation, a Tree Removal Pennit,required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County Project Plan Review before work shall commence.
5.The water quality monitoring program shall be implemented, as submitted.
PREPARED BY: L .. ··/ /I I
A@£�··stan c� Project Plan Reviey.r ,.
REVIEWED BY:
Thomas E. Kuck, P.E. Engineering Review Services Manager
Executive Summary
,�tteLn Date
::.ie)OCT 2 8 1997
P.t.:.. � ---
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Packet Pg. 1118 Attachment: Bond Basis (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
, " I,,••• ,.
Commercial Excavation Permit No. 59.206 (Modification) Page2
�u�Donald W. Arnold, AICP Planning Services Department Director
clffeef It. �/11'/r? Vincent A. Cautero, Administrator Date Community Development and Environmental Services
SC/pd'H:EAB Ex«Utivt Summaries
AGE�P�A.Tf�)No.�/
OCT 2 8 1997
fl• $ --
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Packet Pg. 1119 Attachment: Bond Basis (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
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Packet Pg. 1120 Attachment: Special Warranty Deed (17674 : Willow Run Quarry - Commercial Excavation Bond Release due to Bond Replacement)
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Packet Pg. 1143 Attachment: Excavation Performance Agreement and Alternate Excavation Performance Bond (17674 : Willow Run Quarry - Commercial