Agenda 12/13/2022 Item #16A 3 (Performance Bond - Bonita Bay East Golf Course Renovations- PL20200002511)12/13/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $469,336,
which was posted as a guaranty for Excavation Permit Number PL20200002511 for work associated with
Bonita Bay East - Golf Course Renovations.
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 Bonita Bay East - Golf Course Renovations. The As-Built lake cross sections have been received
and the lakes were inspected on October 13, 2022 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
$469,336. 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.3
Packet Pg. 513
12/13/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 23666
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $469,336, which was posted as a guaranty for Excavation Permit Number PL20200002511 for work associated
with Bonita Bay East - Golf Course Renovations.
Meeting Date: 12/13/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/14/2022 11:32 AM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
10/14/2022 11:32 AM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department Completed 10/14/2022 12:13 PM
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed
10/14/2022 2:01 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/17/2022 3:32 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed
10/18/2022 10:13 AM
Growth Management Department Jaime Cook Division Director Completed 11/07/2022 1:20 PM
Growth Management Department Trinity Scott Transportation Skipped 10/17/2022 10:00 AM
Growth Management Department James C French Growth Management Completed 11/17/2022 4:31 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/17/2022 4:48 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/18/2022 8:31 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/18/2022 3:18 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/18/2022 3:36 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/30/2022 12:20 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM
16.A.3
Packet Pg. 514
BONITA BAY EAST GOLF CLUB - GOLF
COURSE RENOVATIONS
LOCATION MAP
16.A.3.a
Packet Pg. 515 Attachment: Location Map (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)
EXCAVATION PERFORMANCE AGREEIVIENT
THIS EX
FeLrun-o ,
CAVATION PERFORMANCE AGREEMENT entered into r,riis "/f d day ol
20;!..1 between BONITA BAY CLUB, lNC. hereinafter referred to asiDeveloper,{ 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 Agreemert stating applicant will-omply with the Excavation Regulations and Excavation Permit No. ?Llilowoz{lt (ne
"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
$469,336.00.
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 final 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 shailhave the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
1
2
3
5
6
4.
16.A.3.b
Packet Pg. 516 Attachment: Bond Basis (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)
the Excavation Work. The Developer, as principal under the excavation
performance 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.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
SIGNED IN THE PRESENCE OF
7
lN WTNESS WHEREOF. the Board and Develooer ha
executed by their duly authorized representatives this SWda
ve cau-sed this Agreement to be
y oi Fe-Ytvt{l*t ,2oa l)
Printed Name S'klruw.r{(ilrsto
Sign
&L/E A. J/wmao)
a-/
Printed Name l',et@l lYs'!A^>
ATTEST
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier County, Florida
as to form leg a lity
D
Derek D.rry
Paul Nussbaum, President
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLL UNTY, FL
By
a
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
Asslstant County At
Assistant County Attorney
rney
ffhfi*,,*Yfi-
Bonlr-(ay Club.lnc/-,{&L'/e
16.A.3.b
Packet Pg. 517 Attachment: Bond Basis (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)
EYl,olb'l al
SvNovus
SvNovus
North Cape Coral
205 Del Prado Blvd-
Cape Coral, FL 33990
IRREVOCABLE STANDBY LETTER OT'CREDIT NO. I65]62556-700
IS S t-rh R:Synovus Bank
PLACI] OF EXPIRY:I148 Broadway
Columbus. GA I l90l
0310912022
APPLICAN't:Bonita Bav Club. Inc.
B EN IJITICIA RY:The Board ofCounty Cornmissioners, Collier County, Florida
c/o Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
AMOUNT:$469,336.00
CRUDIT AVAILABLE WITH: Synovus Bank
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the lssuer
DOCL]MENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON 1"HE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTL,DLY
SICNED BY THE COUNTY MANAGER OR DESICNEE, CERTIFYING THAT: "Bonita Bay
Cluh. Inc. has lailed to construct and/or maintain the excavation improvements associated with
Excavation Perm it No.PLzrzDnncr'll or prior to the date of expiry final approval ofthe excar ation
has not been granted by Collier County as required by Collier County Ordinances and Resolutions,
and the Applicant failed to provide the Courty with a satisfactory alternative performance securit1,."
DRAI'T(S) DRAWN UNDER IHIS LETTER OF'CREDIT MUST BE MARKED: "Drawn under
Sl novus Bank Credit No. I 65 162556-700 dated 3109/2021." The original Letter of Credit and all
amendrnents, ifany. musl be presented for proper endorsement. Draft(s) may be presented u.ithin
the Stale of Florida at the following address 2325 Vanderbilt Beach Road, Naples. Fl_ 34109. Atrn:
Patti Byers.
This l.ctter ofCredit sets lorth in full the tenns oflhe Issuer's undertaking and such undertaking shall
not in any way be modified, amended. or amplified by refcrence to any docunlent, instrument, or
agreemert referenced to herein or in which this Lener of Credit relates. and any such reference shall
nol be deemed to incorporare herein by reference any docunrent, insrrument or agreement.
Issuer hereby engages with Beneficiary that drafi(s) drawn under and in compliance with rhe ternrs
of this credit will be duly honored by Issuer ifpresented within rhe validity oithis credit.
DAl ti OF EXPIRY:
16.A.3.b
Packet Pg. 518 Attachment: Bond Basis (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)
SvNovus
Syttovus
North Cape Coral
205 Del Prado 8lvd.
Cape Coral, FL 33990
'T his Credit is subject to the Unilbnn Customs and Practice for Docurnentary Credits (2007 Revision)
lntcrnational Chanrber ofContmerce Publication No. 600.
us Bank
Patti Byers
A uthorized Signer
,1/y
16.A.3.b
Packet Pg. 519 Attachment: Bond Basis (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)
SECRI]'I'ARY'S CERTIFICATD
ol!
SYNOVUS I]ANK
"l'he undersigned. Mary Maurice Young, Secrctary oi Synovus Bank. a Ccorgia banking
corporation (lhe "Ilank"). does hereby cerlily lhat Patricia l3ycrs is thc duly clcctcd, qualilicd
and serving Director, Middle Market Banking of the Bank, and as such. is duly authorized to
cxcculc documenls and instrumcnts, and takc such fur(her actions on bchall'oi thc Bank as shall
be necessary, appropriate or desirable.
IN WITNIISS WI'lllREOF, the undersigncd has signcd this Ccrtilicatc as ol'thc l0'r'day
ol'March. 2021.
Mary uricc Y
Corporate Sccretary\\OV-.{
s6F:
s$
Ua)
a KN
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16.A.3.b
Packet Pg. 520 Attachment: Bond Basis (23666 : Excavation Bond Release - Bonita Bay East Golf Club - Golf Course Renovations)