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Agenda 05/09/2023 Item #16A 9 (Performance Bond for an Early work authorization - Winchester PPL)16.A.9 05/09/2023 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $29,600 which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester PPL, PL20220001541. OBJECTIVE: To release a security that was posted as a development guarantee. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization (EWA) for Winchester PPL (PL20210002267). On September 13, 2022, the PPL was approved by the Board of County Commissioners, and the EWA bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as a development guarantee and released after work is performed. 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 a Performance Bond in the amount of $29,600 which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester PPL, PL20220001541. Development Review 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, Project Manager I, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) Packet Pg. 300 16.A.9 05/09/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.9 Doc ID: 25056 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $29,600 which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester PPL, PL20220001541. Meeting Date: 05/09/2023 Prepared by: Title: Technician — Development Review Name: Lucia Martin 03/23/2023 3:47 PM Submitted by: Title: Environmental Specialist — Growth Management and Community Development Department Name: Jaime Cook 03/23/2023 3:47 PM Approved By: Review: Growth Management and Community Development Department Diane Lynch Engineering & Natural Resources Jack McKenna Additional Reviewer Transportation Management Operations Support Evelyn Trimino Development Review Brett Rosenblum Additional Reviewer Operations & Regulatory Management Michael Stark Additional Reviewer Growth Management and Community Development Department Jaime Cook Growth Management and Community Development Department James C French County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget County Attorney's Office County Manager's Office County Manager's Office Board of County Commissioners Laura Zautcke Additional Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Ed Finn CMO Completed Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Growth Management DepartmentCompleted 03/23/2023 6:19 PM Completed 03/24/2023 3:03 PM Additional Reviewer Completed 03/28/2023 8:53 AM Completed 03/28/2023 11:53 AM Completed 03/28/2023 12:25 PM Division Director Completed 04/11/2023 1:01 PM Growth Management Completed 04/11/2023 5:17 PM Completed 04/24/2023 2:58 PM Completed 04/24/2023 3:03 PM Additional Reviewer Completed 04/24/2023 5:27 PM Completed 04/27/2023 10:33 AM Completed 04/28/2023 9:48 AM 04/30/2023 6:53 PM Completed 05/01/2023 9:33 AM 05/09/2023 9:00 AM Packet Pg. 301 16.A.9.a � L WINCHESTER LOCATION MAP Q Packet Pg. 302 16.A.9. b EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this _�sf day of April, 2022, between BCHD PARTNERS I, 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL20220001541 (the "Early Work 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 Early Work Regulations and the Early Work Permit (the "Early Work"). 2. Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $29,600.00 3. In the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. 4. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. 5. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early 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 Early Work. The Developer, as principal under the early 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 Packet Pg. 303 16.A.9.b 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 -;?- I-� day of April, 2022. SIGNED IN THE PRESENCE OF: �il'h �Uif2`�On Printed Name jR&c(i4arclyif Printed N�me ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collet County, Florida AS to�fo�mlegality: Derek D. Perry Assistant County Attorney BCHD PAS{RTNERS LEC By: David Genson, President of Development as Authorized Agent Evidence of Signing Authority attached hereto as Exhibit "B". BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jaime Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No. 2015-162 Packet Pg. 304 16.A.9. b EXHIBIT "A" Performance Security LO O LO N N y M m C O CO C O E t U IC r Q Packet Pg. 305 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refundable Bonds Cashier Name: Batch Number: Entered By: / W Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT 2022962189 2022-043259 04/28/2022 $29,600.00 Payment Method Amount Paid Check $29,600.00 $29,600.00 $0.00 BCHD PARTNERS II, LLC 2600 Golden Gate Parkway Napies, FL 34105 Reference Number PL20220001541 AlinaHarris 10964 monroig_i Check Number 001182 Original Amount GL Account F-e-e Paid $29,600.00 $29,600.00 131-000000-220113 Cl a� t c m N a� c 0 m Q w W) 0 LO FI Vl 0 O m C 0 m r-� C O E t 0 R r r Q Packet Pg. 306 16.A.9.b EXHIBIT "B" Signing Authority LO 0 Ln N N .N R m C O m r C N E t v cC a Packet Pg. 307 16.A.9.b ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY OF CREEKSIDE WEST, INC Effective as of January 1, 2015 The undersigned, being all of the shareholders (the "Shareholders") of Creekside West, Inc, a Florida corporation (the "Corporation"), who would be entitled to vote upon the actions hereinafter set forth at a meeting of the Shareholders of the Corporation, do hereby adopt and consent to the following actions to the same extent, and with the same force and effect, as if adopted at a meeting of all of the Shareholders of the Corporation: This Action By Unanimous Consent and Designation of Authority (the "Designation") hereby supersedes any and all designations of authority executed and adopted by the Shareholders on behalf of the Corporation prior to the date hereof (collectively, "Prior Designations") and the Shareholders hereby revoke any and all such Prior Designations. This Designation shall remain in full force and effect until revoked in writing by the Shareholders. 2. The Shareholders unanimously consent to Barron Collier Management, LLC, a Florida limited liability company being named the authorized agent of the Corporation ("Authorized Agent") in accordance with the terms hereof and consent to the grant of authority to the officers of Barron Collier Management, LLC in accordance with the Statement of Authority of Barron Collier Management, LLC as filed pursuant to Section 605.0302(l), Florida Statutes and recorded in the Official Records of Collier County, Florida at O.R. Book 5108, Page 2218 as such Statement of Authority may be amended from time to time. 3. All instruments of conveyance, mortgages, contracts, instruments and documents executed by Barron Collier Management, LLC, in its capacity as Authorized Agent of the Corporation, shall be deemed to have been properly authorized by all appropriate actions made by all of the Shareholders. Further, all instruments of conveyance, mortgages, contracts, instruments and documents (and any amendments, modifications and/or supplements thereto) executed by Barron Collier Management, LLC, in its capacity as the Authorized Agent of the Corporation, shall be binding upon the Corporation. This Designation may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. The undersigned Shareholders do hereby unanimously agree, consent and affirm that the actions authorized in this Designation shall have the same force and effect as if taken at a duly constituted meeting of the Shareholders of the Corporation, hereby waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirement that notice be given, and hereby direct that this Designation be made a part of the minutes of the Corporation. BARRON COLLIER Co yFILE N�BER O1140277.2 CW4 Packet Pg. 308 16.A.9. b In M. In R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Christopher D. Villere A Shareholder Lamar G. Villere A Shareholder Mathilde V. Currenee eholder By;A�) ` J . a& �, �-- Phyllis . Alden A Shar alder () By:k6o,�CU—L K therine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: mKo N^ Je ifer S. ullivan A Shareholder Bl� Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder ,11111/J�P/l" f.��17si Ol 140277 Z CW BARRON COLLIER CQ FILE ivl;FR �M15 Packet Pg. 309 16.A.9. b By: R. Blakeslee Gable A Shareholder By: M. Wells Gable A Shareholder Christopher D, Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder In Juliet A. Sproul A Shareholder Jennifer S. Sullivan A Shareholder Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 01 140277.2 CW ` a� N d t d N R d a� o: 0 m w ca LO 0 LO An 0 m 0 m a� E U 0 Q B A R R:D' . F!-= Packet Pg. 310 16.A.9.b B v: R. Blakeslee Gable A Shareholder By: M. Wells Gable Shareholder By: Christ pher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder By: Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 7 01 14027T2 CW r MF71 16.A.9. b BY: By: By: R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Christopher D. Villere A Shareholder By. ��--- Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder By: Phyllis G. Alden A Shareholder By: Katherine G. Sproul A Shareholder By: Juliet A. Sproul A Shareholder By: Jennifer S. Sullivan A Shareholder By: Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 01 14027T2 CW L U a� N is aD c 0 m a w ca Ln 0 uO N N m c 0 m c aD E a BARRON COLLIER CO FILE NUMBER 2 1 1 B 3'Z Packet Pg. 312 16.A.9. b By: R. Blakeslee Gable A Shareholder By: LIM M. Wells Gable A Shareholder Christopher D. Viliere A Shareholder By: Lamar G. Villere A Shareholder By: 'AI Mathilde V. Currence A Shareholder By: In Phyllis G. Alden A Shareholder Katherine G. Sproul A Shareholder Juliet A. Sproul A Shareholder Jennifer S. Sullivan A Shareholder Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 2 01140277 2 CW L a� N a� a� d a� O m a w c� LO 0 LO N A y m _ O m a� E V a BARRON COLLIER c0 FILE NUMRER 118 � Packet Pg. 313 16.A.9.b By: By: R. Blakeslee Gable A Shareholder M. Wells Gable A Shareholder Christopher D. Villere A Shareholder By: Lamar G. Villere A Shareholder By: Mathilde V. Currence A Shareholder Phyllis G. Alden A Shareholder By: Katherine G. Sproul hareholder By: U" iet A. Sproul A Shareholder Jennifer S. Sullivan A Shareholder Juliet C. Sproul A Shareholder 1998 BARRON COLLIER III IRREVOCABLE CHILDREN'S TRUST A Shareholder Juliet C. Sproul, Trustee 01 140277.2 CW a� r aD c (D 0 m a w m Ln 0 Ln N L .y �a m c 0 m c E �a r a z 1 BAIRRON COLLIER GO FILE NUMBER 11$ 3—) Packet Pg. 314 16.A.9. b JULIET C SPROUL FAMILY INHERITANCE TRUST A Shareholder By; -- Patrick R. George, Trustee 01 140277-2 CW BARr�or� _:,_LLIER c�_: LF. 1lEJUMBER 1 Packet Pg. 315 16.A.9.b (Reyuestor's name) (A -!dress) (A(. (cress) (; 1;ylState2ip/Phone tt) ❑ T-'IC {- J-� 0 .NAIT MAIL (73uSrness Entity flame) poc4rment f,jumber) Certified Copies _ _ — CerWicates of Status Special instruction,; io Filing Officer Office Use Only II�Ri�ilhN�l��ld'P�I�II!�1��41��l� 200362350242 y r E. r• . _ MAR 2 5 1Q1 i Packet Pg. 316 16.A.9. b CORPORATION SERVICE COMPANY 1201 Hays Street Tallhassee, FL 32301 Phone: 850-558-1500 ACCOUNT NO. 120000000195 REFERENCE 728058 7103152 AUTHORIZATION -------- COSTLIMIT$ 25.00 ----------------------=---------------------- ORDER DATE ORDER TIME ORDER NO. CUSTOMER NO March 23, 2021 11.22 AM 72BO58-005 7103152 DOMESTIC AMENDMENT FILING NAME: BARRON COLLIER MANAGEMENT, LLC EFFECTIVE DATE: XX ARTICLES OF AMENDMENT RESTATED ARTICLES OF INCORPORATION PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: CERTIFIED COPY XX PLAIN STAMPED COPY CERTIFICATE OF GOOD STANDING CONTACT PERSON: Eyliena Baker -- EXT# EXAMINER'S INITIALS: Cl N m t c m N d d c 0 m Q w m LO 0 W) N N �a m c 0 m r- 0 E t u �a Q Packet Pg. 317 16.A.9. b AMENDED AND RDSTA,ml) STATEMENT OF AUTHORITY OF 13ARRON COLLIER MANAGEMENT- LI.0 Pursuant to Section 605.0302(2), Florida Statutes, this limited liability company (the -'Company") Submits the following amended and restated statement of authority: This amended and restated statement of authority amends and restates, in its entirety, that certain statement of authority filed by the Company on October 22, 2018 with the Florida Secretary o f State. FIRST: The name of the Company is Barron Collier Management, LIX. SECOND: The Company was registered with the Florida Department of- State on December 3, 2014 and assigned document number L14000185495. TIURD: The strut and mailing address of the Companv's principal office is: 2600 Golden Gate Parkway Naples, FL 34105 FOURTH: This amended and restated statement of authority shall be deemed effecl]*Vc; as of the date it is filed with the Florida Secretary of State. FIFTH: This amended and restated statement of authority grants any two (2) of the following officers, actin; together; authority to execute any deed, promissory note, bond, mortgage, security agreement, loan agreement, guaranty agreement and any modification, amendment or supplement thereto, on behalf of the Company including, but not limited to, in its capacity as a General Partner of Barron Collier Partnership, LLLP or in its capacity as the Manager or Authorized Agent for one or more other entities: Name: Barron G. Collier, III Position: Director Address: 2600 Golden Gate Parkway Naples, FL 34105 o 1-9 1-1 Name: Blake Gable Position: President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: David Genson Position: President of Development Address: 2600 Golden Gate Parkway Naples, FL 34105 Packet Pg. 318 16.A.9.b Nance: Brian Goguen Position: Chief Investment Officer address: 2600 Golden Gate Parkway Naples, FL 34105 Naive: Jeft' Sonalia Position: Chief financial Officcr Address: 2600 Golden Gate Park%vav Naples, Ff- 34105 Name: Bradley A. Boaz Position: E.xecutive Vice President Address: 2600 Golden Gate Parkway Naplcs, Ff. 34105 SIXTH: This statement of authority grants any one (1) of the following officers, acting alone, authority to execute any contract, agreement, instrument or document, other than those referred to in Paragraph Fifth above, on behalf ofthe Company: Name: Barron G. Collicr, Ill Position: Director Address: 260C Golden Gate Parkway Naples, F1, 34105 Name: Blake liable Position: President Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: David Genson Position: President of Development Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Brian Goguen Position; Chief Investment Officer Address: 2600 Golden Gate Parkway Naples, FL 34105 Name: Jeff Sonalia Position: Chief Financial Officer Address: 2600 Golden Gate Parkway Naples, fL a4105 Packet Pg. 319 16.A.9. b Name: Bradley A. Boaz Position: Executive Vice President Address: 2600 Golden Gate Parkway Naples, FL 34105 Signed this 1. day of March, 2021. John FAV Cecil_, Chairman of the Board Packet Pg. 320 16.A.9.b CONSENT OF THE BOARD OF DIRECTORS OF BARRON COLLIER MANAGEMENT, LLC TO ACTION IN LIEU OF A MEETING OF THE BOARD OF DIRECTORS - The undersigned, being all of the members of the Board of Directors of BARRON COLLIER MANAGEMENT, LLC, a Florida limited liability company (the "Company'), hereby grant authority to any two (2) of the officers of the Company to execute any deed, promissory note, bond, mortgage, security agreement, loan agreement, guaranty agreement and any modification, amendment or supplement thereto (the "Major ]instruments and Agreements"), and for any one (1) of such officers to execute anv contract, agreement, instrument or document other than Major Instruments and agreements, and ro enter into other transactions on behalf o1, or otherwise act for or bind, the Company. Further, the Chair of the Board of Directors, or any officer of the Company, is authorized to execute a Statement of Authority with respect to the foregoing authorizations in the form of the Statement of Authority attached hereto as Exhibit A. and to cause such Statement of Authority to be filed with the Department of State of the State of Florida, and to file a certified copy thereof in the public records of Collier County, Florida and in any other county that the officers deem advisable. This Consent may be executed in multiple counterparts, each of which shall he deemed to be an original, but all such separate counterparts shall together constitute one and the same instrument. Delivery of an executed counterpart by facsimile transmission shall be deemed equally effective as a manually executed counterpart hereof. Executed effective as of the day of March, 201. ; ,T Barron G. Collier 111 'Juliet A. Sproul r �+ .----Y�--- Lamar Villere ]sea Kunde _ � �/ f 12 = L__WKIp Cler f John FAV Cecil Thomas Senkbeil Packet Pg. 321 2022 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# L16000029998 Entity Name: BCHD PARTNERS I, LLC Current Principal Place of Business: 2600 GOLDEN GATE PARKWAY ATTN: DAVID GENSON NAPLES, FL 34105 Current Mailing Address: 2600 GOLDEN GATE PARKWAY ATTN: DAVID GENSON NAPLES, FL 34105 US FEI Number: 81-1464785 Name and Address of Current Registered Agent: GENSON, DAVID 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 US FILED Apr 29, 2022 Secretary of State 1846367577CC 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 Date Authorized Persorl Detail Title MGR Name CREEKSIDE WEST, INC. Address 2600 GOLDEN GATE PARKWAY City -State -Zip: NAPLES FL 34105 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shelf have the same legal effect as it made under oath.; that 1 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 ail other like empowered. SIGNATURE: BRADLEY A. BOAZ Electronic Signature of Signing Authorized Person(s) Detail VISIT OF MGR 04/29/2022 CREEKSIDE WEST, INC. Date 16.A.9.b Packet Pg. 322