Agenda 07/11/2023 Item #16A3 (Excavation Permit for work associated with Isles of Collier Preserve Phase 16)16.A.3
07/ 11 /2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $156,928
which was posted as a guarantee for Excavation Permit Number PL20210001289 for work associated with
Isles of Collier Preserve Phase 16.
OBJECTIVE: To release security that was posted as a development guarantee.
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 Performance Bond was posted as security for an Excavation Permit associated with Isles of
Collier Preserve Phase 16. The As -Built lake cross sections have been received and the lakes were inspected on
May 25, 2023, by the Development Review Division. The work associated with this security has been inspected
and the developer has fulfilled his commitments with respect to this security.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed. Work was completed as required and the release of the performance bond has no fiscal impact to the
County.
GROWTH MANAGEMENT IMPACT: No growth management impact is 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 request the Clerk of Courts release the Performance Bond in the amount of
$156,928. 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, Project Manager 1, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.3
07/11/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doe ID: 25666
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $156,928 which was posted as a guaranty for Excavation Permit Number PL20210001289 for work associated
with Isles of Collier Preserve Phase 16.
Meeting Date: 07/11/2023
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
05/30/2023 10:09 AM
Submitted by:
Title: Environmental Specialist — Growth Management and Community Development Department
Name: Jaime Cook
05/30/2023 10:09 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer
Transportation Management Operations Support Evelyn Trimino
Growth Management and Community Development Department Diane Lynch
Operations & Regulatory Management Michael Stark Additional Reviewer
Engineering & Natural Resources Jack McKenna Additional Reviewer
Growth Management and Community Development Department Jaime Cook
Growth Management and Community Development Department James C French
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
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 06/01/2023 10:04 AM
Additional Reviewer Completed
06/01/2023 9:33 PM
Growth Management DepartmentCompleted
06/06/2023 6:42 PM
Completed 06/09/2023 8:41 AM
Completed 06/12/2023 11:12 AM
Division Director Completed
06/14/2023 7:50 AM
Growth Management Completed
06/15/2023 6:36 PM
Completed 06/20/2023 2:33 PM
Completed 06/20/2023 2:36 PM
Completed 06/21/2023 9:06 AM
Completed 06/29/2023 5:44 PM
Completed 07/03/2023 9:03 AM
07/11/2023 9:00 AM
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16.A.3.a
ISLES OF COLLIER PRESERVE PHASE 16
LOTS
1444
14J4 - 1"3
1445 - 1462
1467 - 494
1463 -1456
0
FIRE PROTECTION SUMMARY
TYPE
CONSTRUCTION
:=° , . _`_=:E7 OR
W=•.-==.•. -°RED
HAZARD
BUILDING SF.
TYPE V (aI
NON-SPRINKLERED
NON-FNZARDOUS - R3
5.00D S.F. MAX
TYPE V (a)
NONZPRINKLERED
NON-FNZARDOUS - R3
5.700 S.F. MAX
TYPE (5)
NOWSPRINKLERED
NONHAZARDOUS -R3
B9W S.F. WAY,.
LOCATION MAP
RATTLESNAKE HAMMOCK RD J
TREVISO
N BAY '
a
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16.A.3.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 23rd day of
August , 2021 between SD ICP, 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 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. PL20210001289
(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
$156, 928.00.
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 Manager's 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,
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16.A.3.b
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.
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 23rd day of August , 2021.
SIGNED IN THE PRESENCE OF:
Si n: SD ICP, LLC
By:
Roge King
' U L/ 2S
Sign: John Ferry, Manager
f -
Evidence of signing authority attached
Christopher
hereto as Exhibit °.
ohnson
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Crystal K. Kinzel, CLERK
Jaime Cook, Director
Development Review Division
as designee of the County Manager,
pursuant to Resolution No_ 2015-162
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Approved as to form and legality:
0 ?
Derek D. Purr
Asststatat Courty Attor"
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EXHIBIT "A"
Bond No. LICX1209902
16.A.3. b
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
SD ICP, 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 Fifty -Six
Thousand Nine Hundred Twenty -Eight and 00/100 Dollars ($156,928.00) 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. PL20210001289, 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 repaythe 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, withoutformal 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
Page 1 of 3
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Bond No. LICX1209902
16.A.3.b
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 1011 day of September, 2021.
Print Name
Signature
Jc�r a
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
Owner:
SD ICP, LLC
By: v .
John Fe , Vice President
(Provide Proper Evidence of Authority)
Notarial Acknowledgement
The foregoing instrument was acknowledged before me by means of /Physical presence or
Q online notarization, this V3 day of September, 2021, by John Ferry as Vice President for
SD ICP, LLC, who L-!,�-personally known or ❑ has produced
identification.
[signature o Notary Public]
yra�Y atit oE -S0P4
[printed name of Notary Public]
>' STACEY LYNN ANDERSON
MY COMMISSION # FIH 155125
EXPIRES: November 18. 2025
"''•ion °�:' BaiQedThou PublicUrA wv&n
[the Notary Public's official seal]
Page 2 of 3
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Bond No. LICX1209902
16.A.3. b
Witnesses:
�kc-
Signature
Susan Ritter
Print Name
�Si nat e
Jennifer Edwards
Print Name
STATE OF Kentucky
COUNTY OF lefferson
Surety:
Lexon Insurance Company�}j
r
ft
Sandra L. Fusinetti, Attorney -in":,
(Provide Proper Evidence of Authbt t
Notarial Acknowledgement
The foregoing instrument was acknowledged before me by means of physical presence
this 10th day of September, 2021, by Sandra L. Fusinetti as Attorney -in -Fact for Lexon Company who is personally known to me.y�
i
O :w-`_
[signature of Notary Public]
[the Notary PubIicJ :oftj,�ia1 J7s*4t
Am Bowers
[printed name of Notary Public]
AMY BOWERS
Notary Public. State at Large. KY
My comm. expires Juiv 30, 2024
Notary ID #KYNP' i 29
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Page 3 of 3
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2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L15000151572
Entity Name: SID ICP, 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: 47-5438183
Name and Address of Current Registered Agent:
COLEMAN, YOVANOVICH $ KOESTER, P,A,
4001 TAMIAMI TRL N #300
NAPLES, FL 34103 US
FILED
Apr 09, 2021
Secretary of State
1427718128CC
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 Person(s) Detail
Title MGR
Name STOCK, BRIAN K
Address 2639 PROFESSIONAL CIR #101
City -State -Zip: NAPLES FL 34119
Title VP
Name FERRY, JOHN
Address 2639 PROFESSIONAL CIR #101
City -State -Zip: NAPLES FL 34119
I hereby certify that the information Indicated on this report or supplemental report rs true and accurate and that my electronic signature shall 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 all other like empowered.
SIGNATURE: BRIAN STOCK MANAGER 0410912021
Electronic Signature of Signing Authorized Person(s) Detail Date
16.A.3. b
Q
Packet Pg. 250
SOMPO INTERNATIONAL
POWER OF ATTORNE`
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaw:
corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company"
collectively, "Sompo International," do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Dunc
Sandra L. Fusinetti, Mark A. Guidry, Jill Kemp, Lynnette Long, Amy Bowers, Deborah Neichter, Theresa Pickerrell, Sheryon Quinn, Beth Frymire, Leigh McCat
Michael Dix, Susan Ritter, Ryan Britt as true and lawful Attorneys) -In -Fact to make, execute, seal, and deliver for, and on its behalf as surely or co -surety; bonds
undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relat
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 -
penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15t
day of June, 2019, a copy of which appears below under the heading entitled "Certificate".
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 151" day of June, 2019 and said resolution has not since been revoked, amended or repealed.
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating theretc
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 151" day
June, 2019.
Endurance Assurance Corporatio Endurance American Lexon Insurance Company Bond Safeguard
B })V) 6, B /�I/ r,$, gcQry p;VX
0 J ` fy Inur)ce Co pa�
yC /�' Y:;1-"_ ((' r�� By:Tard
'jJ_•r jj By:14'
}Jyllf�
Richard Appel 4,1(R,.&,,S,enior Counsel Richard Appel;,ShcA4,Aenior Counsel RiAppel; Senior' Counsel Ric and Appel t W&,S,enio
rmPssorance'• ram' t�can +qs ARCP p 1NSu
O �µPORgr• ",, SOUTH 4p.P(J�r~d7 A Os,
` SEAL _ °�' SEAL "'; �� = �,; , 0
U
t �= SE A L _ DAKOTA • O
-q 2002 °; _ = c% 1996 ° = s} a. rNsuwvvcs
DELAWARE .'Jp;� A, DEEAWARE ,'atF „ b `Z� , COMPANYA Ile
_
' �Je
.......... ... ACKNOWLEDGEMENT e osIt "',„ .....••
On this 15" day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that heltti8 ?' ',II*Jfioef of ea
of the Companies; and that he executed said instrument on behalf of each Company by authority of his of i under th by- ws of each Company,,, 1j,(.-A.��
s rMS
rE� ESSEE By:
Amy aylor, Not ublic My Commisskn expires 519l23=
CERTIFICATE
I, 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. IMS,
CHRISTOPHER L. SPARRO, MARIANNE L WILBERT
; and be it furthery•
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, s ¢afRitfefivering 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 of the tl] f.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the corporate seal this (O' day of 20 i ^
By z6
Dante S. ne, a retary !•,' .,
NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL fOFAC1�y., `
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 provide§ ihformation concerni
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 list
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be local
on the United States Treasury's website - htt s:flwww.treasu ovlresource-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 Specia
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 immediatr
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 withc
authorization from OFAC, Other limitations on the premiums and payments may also apply.
T
Any reproductions are void.
Surety Claims Submission: LexonCtaimAdministration(asompo-intl.com
Tetephone: 615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Packet Pg. 251
EXHIBIT "B"
16.A.3. b
STATEMENT OF AUTHORITY
Pursuant to section 605.03020 ), Florida Statutes, this limited liability company submits the lollowinn statement ol-
authoriir
SD ICP, LLC, A FLORIDA LIMITED LIABLITY COMPANY
FIRST: The name: of the limited liability company is:
SECOND: The Florida QQcllmetlt Numbcr of the limited liability company is: L15000151572
THIRD: The street address uftho limited Eiabilit.• Company S principal office is:
2639 PROFESSIONAL CIRCLE
SUITE 101
NAPLES, FLORIDA 34119
The mailing address of the limited liability company's principal office is:
2639 PROFESSIONAL CIRCLE
SUITE 101
NAPLES. FLORIDA 34119
FOURTH: This statement of authurit; grants or sets limitations ofauthority on all rcrsens having the stms'ar
ptuition of a pcnatt in a cutnlrtny, whether as a mcmber, immsfcrce, man.-ivu. ufficcr or ttthcnuisc• to to a bpccil is
person oil the following:
L tilay execute an instrument transfei ring real praperty held in the name of the cumpauy.
a. Granted to; BRIAN STOCK and/or JOHN FERRY and/or KEITII GELDER
b. INC) 31][110rity =soled to:
?. ,Nlav enter into other trar.Sactions on behalf of, or otherwise act for or bind, the company.
a. Cirantcd to: BRIAN STOCK and/or JOHN FERRY and/or KEITII GELDER
b, No aullturity granted to:
Z - BRIAN K. STOCK
SiLnaru'++t���i...arruu"'rrkr o'1'"l-.lnrltor zcd rct rreseniati�c Ty ed or printed name orsigmawre
Filing Fee: 525.0
Certified Copy. 530.00 (optionall
CR2EI ;S (2:14)
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