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Agenda 11/08/2022 Item #16A 4 (Commercial Excavation Permit for Willow Run Mine - Baker Parcel)11/08/2022 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 approve Commercial Excavation Permit PL20210003121 - Willow Run Mine - Baker Parcel, to expand the existing Willow Run Commercial Excavation to include approximately 10 acres, and accept the Excavation Performance Agreement and the excavation performance bond in the amount of $134,911.20. OBJECTIVE: To approve Commercial Excavation Permit PL20210003121 for the commercial excavation expansion of the Willow Run Mine with the addition of approximately 10 acres known as the Baker Parcel. CONSIDERATIONS: On April 2, 1985, the Board of County Commissioners ("Board") approved Commercial Excavation Permit No. 59.206-1 Willow Run, which was the original pen -nit that allowed an excavation of 8.9 million cubic yards of fill material. The applicant wishes to expand operation of the existing commercial excavation (PL20110001383), with the addition of the 10-acre Baker Parcel (PL20210003121). The Baker parcel proposes to excavate an additional 379,600 cubic yards of material, which will not exceed the current allowable amount. The subject property is within the Willow Run Planned Unit Development, and the mine is a permitted use per the PUD Ordinance 14-35. The original Conditional Use for the existing mine was approved in 1997 by the Board of County Commissioners under Resolution 97-16. The project is designated as Urban Residential Fringe Subdistrict as shown on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the GMP. The applicant is providing an excavation performance agreement and an excavation performance bond in the amount of $134,911.20. FISCAL IMPACT: The applicant has paid $8,846.40 for the Commercial Excavation permit application and is required to pay an additional $3,222.80 ($8.49 per 1,000 cubic yards) in road impact fees at time of permit issuance. GROWTH MANAGEMENT PLAN (GMP) IMPACT: This project has been found to be consistent with the goals, objectives, and policies of the GMP including specifically the Future Land Use Element (FLUE), Transportation Element, and Conservation and Coastal Management Element (CCME). ENVIRONMENTAL ISSUES: Offsite hauling of excess fill, if done properly, will have no envirom-nental impact. The Willow Run PUD was previously approved to retain 149.19 acres of native vegetation, the preserve is located on the eastern boundary of the PUD. LEGAL CONSIDERATIONS: ' The Petitioner is requesting a Commercial Excavation Permit under Section 22- 110 of the Collier County Code of Laws and Ordinances. The attached staff report and recommendations of the Collier County Planning Commission (CCPQ acting as the Environmental Advisory Council (EAQ are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Commercial Excavation is consistent with all the criteria set forth below, and you may question the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied under Section 22 -11 0(d) of the Collier County Code of Laws and Ordinances. Should you consider denying the Commercial Excavation Permit, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable: the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Commercial Excavations (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or naturalflow way, whetherpublic orprivate, so as to createflooding orpublic health hazards orjeopardize the functions of the natural resources and environment of Collier County. I Packet Pg. 445 11/08/2022 (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. It is anticipated that these activities will not occur during this operation. (3) The excavation will not adversely affect groundwater levels, water quality, hydro -period, or surface water flow ways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State ofFlorida water quality standards. (4) The excavation will be constructed so as to not cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessaryfor projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated hyfilling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. This item is approved as to form and legality and requires a majority vote for Board approval. - DDP EAC RECOMMENDATIONS: On October 6, 2022, the Collier County Planning Commission (CCPC), acting in their role of the Environmental Advisory Council (EAC), voted 6-0 to send a recommendation for approval to the Board of County Commissioners, with stipulations recommended by staff. RIECOMMENDATIONS: Recommendation that the Board of County Commissioners approves the excavation and removal of an additional 379,600 cubic yards of fill within the Willow Run Mine (PL20110001383), on the Willow Run Mine - Baker Parcel pursuant to Commercial Excavation Permit PL20210003121, subject to existing stipulations in the previously approved Commercial Excavation Permit No. 59.206-1, as amended, and accept the excavation performance agreement and the excavation performance bond in the amount of $134,911.20. Prepared by: Jaime Cook, Director, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) Packet Pg. 446 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4 Doe ID: 23714 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 approve Commercial Excavation Permit PL20210003121 — Willow Run Mine — Baker Parcel, to expand the existing Willow Run Commercial Excavation to include approximately 10 acres, and accept the Excavation Performance Agreement and the excavation performance bond in the amount of $134,911.20. Meeting Date: 11/08/2022 Prepared by: Title: Technician — Growth Management Development Review Name: Lucia Martin 10/20/2022 4:45 PM Submitted by: Title: Environmental Specialist — Growth Management Department Name: Jaime Cook 10/20/2022 4:45 PM Approved By: Review: Growth Management Department Jaime Cook Division Director Engineering & Natural Resources Jack McKenna Additional Reviewer Growth Management Development Review Brett Rosenblum Growth Management Operations & Regulatory Management Kenneth Kovensky Growth Management Department Growth Management Department County Attorney's Office Growth Management Department Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Diane Lynch Growth Management Department Trinity Scott Transportation Derek D. Perry Level 2 Attorney Review James C French Growth Management Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 10/20/2022 4:47 PM Completed 10/21/2022 7:58 AM Additional Reviewer Completed 10/21/2022 8:55 AM Additional Reviewer Completed 10/21/2022 11:04 AM Completed 10/21/2022 11:42 AM Skipped 10/24/2022 9:02 AM Completed 10/24/2022 1:20 PM Completed 10/26/2022 2:00 PM Completed 10/26/2022 2:02 PM Completed 10/26/2022 2:11 PM Completed 10/26/2022 2:13 PM Completed 10/27/2022 11:31 AM 11 /08/2022 9: 00 AM I Packet Pg. 447 1 WILLOW RUN QUARRY EXPANSION (BAKER PARCEL) LOCATION MAP 0 I Packet Pg. 448 EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _ day of September, 2022 between SD SAN MARINO, LLC, a Florida limited liability company, 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. PL20210003121 (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"). 2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $134,911.20. 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 Managers 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 IN10 F Packet Pg. 449 security, shall be liable to pay and to indemnify 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. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this day of September, 2022. SIGNED IN THE PRESENCE OF: Sign:--�� Printed NardW, Sign: &nx, Printed Name ATTEST: CRYSTAL K. KINZEL, CLERK M Deputy Clerk Approved as to Form and Legality: Derek D. Perry Assistant County Attorney SD SAN MARINO, LLC a Florid 11' ' ed ' bi--' mpany r, Vic re eith Gel Vice President BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA M William L. McDaniel, Jr., Chairman I Q0 F Packet Pg. 450 Exhi'*bl*t "A �9 s 2 E E 0 u 0 E u a I Q0 F Packet Pg. 451 Bond No. LICX1 214757 PERFORMANCE BOND FOR EXCAVATION WORK KNOW ALL PERSONS BY THESE PRESENTS: that SD San Marino, LLC 2639 Professional Circle, Suite 101 Naples, FL 34119 (hereinafter referred to as "Owner") and Lexon Insurance 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 aggregate sum of.One Hundred Thirty Four Thousand Nine Hundred Eleven and 20/100 Dollars ($134,911.20) 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. PI-20210003121, 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 TZ 0 E U a [2 1 -EIS-04499/1645092/11 Page 1 of 3 I Q0 FP—ack—et Pg. 452 Bond No. LICX1214757 referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 3rd day of August, 2022. Witnesses: �(),Mj4 � Signature Print Nar�e Signature Print Name STATE OF FLORIDA COUNTY OF COLLIER Owner: SD San Marino, LLC By: ith Gelder, ice President 'c "f A (Provi Zer Evidence of Authority) Notarial Acknowledgement The foregoing instrument was acknowledged before me by means ofX physical presence or Ei online notarization, this q4r, day of August 2022, by Keith Gelder as Vice President for SD San Marino, LLC, whoXis personally known or o has produced identification. [siginfure of Notary Public] M 1�69�6e [printed name of Notary Public] [the Notary Public's official seal] W P 4 JUDITH M SEALE Florida Notary Public - State of Florida Commission # HH 046417 X 28 0 Ay Comm. Expires Sep 28, 2024 rT5, Bonded through National Notary Assn. -pq , as [2 1 -EIS-04499/1645092/11 Page 2 of 3 1 Q0 F Packet Pg. 453 Bond No. LICX1214757 Witnesses: Signature Kelsy Hoagland Print Name Signikure Lynnette Long Print Name STATE OF.Kentucky COUNTY OF lefferson Surety: Lexon Insurance Company By: Susan Ritter, Attorney -in -Fact (Provide Proper Evidence of Authority) Notarial Acknowledgement The foregoing instrument was acknowledged before me by means of physical presence this 3rd day of August, 2022, by Susan Ritter as Attorney -in -Fact for Lexon Insurance Company who is personally known to me. Theresa Pickerrell NOTARY PUBLIC STATE AT LARGE, KENTUCKY ID # 633720 [signature of Notary Public] MY COMMSSION EXPIRES OCT 26, 2023 [the Notary Public's official seal] Theresa Pickerrell [printed name of Notary Public] t2 1 -EIS-04499/1645092/11 Page 3 of 3 I Q0 F Packet Pg. 454 I 16.A.4.b I O— SOMPIO INTERNATIONAL w / F' r INSURANCE POWER OF ATTORNEY 11078 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively, "Sompo International." do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Mark A Guidry, Jill Kemp, Lynnette Long, Amy Smith, Deborah Neichter, Theresa Pickerrell, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt Kelsy Hoagland as true and lawful Aftorney(s)-In-Fact to make, execute, seal, and 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 renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said aftorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 1 51h day of June, 2019. a copy of which appears below under the heading entitled "Certificate". This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 1511 day of June, 2019. Endurance Assurance Corporation By Richard Appel; 4V4&4L,,§enior Counsel suraric `%, 'j '0 0 SEA1 '-o q 2002 DELAWARE Endurance American -77 InsurancerCompemy By: Richard Appel�,ZVIP,&,Penior Counsel el can Ins SF CD - o. IAL c)! W, 1996 %'PELAWARE/'b-7� ,ell Lexon Insurance Company ByT 11'—) 1 01; Richard Appel; S Co Y,R,4_Senior ACKNOWLEDGEMENT .+ - —1 0 C, 10-9�11 S L A 0 Bond Safeguard Insurance.Company By. insel RicHard Appeli,,SVP &,5enior'dounse v tNSIj X A SOUTH ',0-- U) DAKOTA �01 -0. INSURANCE COMPANY 0 On this 151h day ofJune, 2019. before me, personally came the above signatories known to me, who being duly swom, did depose and say that hett�OY114hhot)feer ofeach of the Companies; and that he executed said instrument on behalf of each Company by authority of his o I under thby ws of each Company,-, By: ;y aylor, Not Ublic My Comm isshn iExpir'es5/W�3 CERTIFICATE 1, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1 That the original power of attorney ofwhich the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified, that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delwel"ing bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as o recorded and ofjhe whole thereof. ge-D IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this day of 20 .4-4- By: Dame S n . e, e retary NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website - hftps�//www.treasury.gov/resource-center/sanctions/SDN-List. In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministrationosompo-inti.com Telephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 0 X LLI E E 0 U a. 0 i-7, 04 0 E U M I PacketPg.455 I Exhi"bi*t "B" s 2 E E 0 u 0 E u a I Q0 F Packet Pg. 456 2022 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# L15000161696 Entity Name: SD SAN MARINO, LLC Current Principal Place of Business: 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 Current Mailing Address: 2639 PROFESSIONAL CIR #101 NAPLES, FL 34119 US FEI Number: 47-5189790 Name and Address of Current Registered Agent: COLEMAN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRIL N#300 NAPLES, FL 34103-3556 US FILED Apr 20, 2022 Secretary of State 4135719253CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail Title MGR Name STOCK, BRIAN K Address 2639 PROFESSIONAL CIR #101 City -State -Zip: NAPLES FL 34119 Title VP Name GELDER, KEITH Address 2639 PROFESSIONAL CIRCLE STE 101 City -State -Zip: NAPLES FL 34119 Title VP Name FERRY. JOHN Address 2639 PROFESSIONAL CIR #101 City -State -Zip: NAPLES FL 34119 Date ?J-, 0 E U a I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as ifmade under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: BRIAN STOCK MANAGER 04/20/2022 Electronic Signature of Signing Authorized Person(s) Detail Date 1610 F Packet Pg. 457