Agenda 07/25/2023 Item #16A 6 (Clerk of Courts to release a Performance Bond for Excavation Permit for work associated with Naples Country Club Golf Course)16.A.6
07/25/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000
which was posted as a guarantee for Excavation Permit Number PL20220004553 (60.157-2) for work
associated with Naples Grande Country Club 18-Hole Golf Course - Lake #4 Modifications.
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 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 Naples Grande Country Club 18-Hole Golf Course - Lake #4 Modifications. The As -Built lake
cross sections have been received and the lake has been inspected on June 12, 2023, by the Development Review
Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee and released after work is
performed.
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
$25,000. 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, Project Manager I, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
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16.A.6
07/25/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doe ID: 25865
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $25,000 which was posted as a guarantee for Excavation Permit Number PL20220004553 for work associated
with Naples Grande Country Club 18-Hole Golf Course - Lake #4 Modifications.
Meeting Date: 07/25/2023
Prepared by:
Title: Technician — Development Review
Name: Lucia Martin
06/15/2023 3:09 PM
Submitted by:
Title: Environmental Specialist — Growth Management Community Development Department
Name: Jaime Cook
06/15/2023 3:09 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer
Growth Management Community Development Department Diane Lynch
Operations & Regulatory Management Michael Stark Additional Reviewer
Transportation Management Operations Support Evelyn Trimino
Engineering & Natural Resources Jack McKenna Additional Reviewer
Growth Management Community Development Department Jaime Cook
Growth Management Community Development Department James C French
County Attorney's Office
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Derek D. Perry
Level 2 Attorney Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 06/15/2023 3:46 PM
Growth Management DepartmentCompleted
06/16/2023 5:43 PM
Completed 06/19/2023 2:22 PM
Additional Reviewer Completed
06/19/2023 4:08 PM
Completed 06/21/2023 2:53 PM
Division Director Completed
06/27/2023 10:01 AM
Growth Management Completed
07/05/2023 4:42 PM
Completed 07/14/2023 9:16 AM
Completed 07/14/2023 2:11 PM
Completed 07/14/2023 4:11 PM
Completed 07/17/2023 11:26 AM
Completed 07/17/2023 1:37 PM
07/25/2023 9:00 AM
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16.A.6.a
NAPLES GRANDE COUNTRY CLUB
18-HOLE GOLF COURSE
LAKE #4 MODIFICATIONS
LOCATION MAP
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16.A.6.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this �'7 day of
auV1G . 2022 between LB Naples Grande, 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", and joined by HP-SSP NAPLES GOLF, LLC,
hereinafter referred to as "Owner,".
WHEREAS, Owner, at the request of 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 Owner to post appropriate guarantees
and execute an Excavation Performance Security Agreement stating applicant will comply with
the Excavation Regulations and Excavation Permit No. 60.157-2 (the "Excavation Permit"); and
WHEREAS, Developer, in lieu of Owner, will post the appropriate guarantees and will be
responsible for compliance with the Excavation Regulations and 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
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as Exhibit "A" and by reference made a part hereof) in the amount of $25,000.00.
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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,
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4. The Excavation Work shall not be considered complete until Developer notifies the
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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.
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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)
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notify Developer and Owner in writing of his approval of the Excavation Work; or
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b) notify the Developer and Owner 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.
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6 In the event Developer shall fail or neglect to fulfill its obligations under this
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Agreement, upon certification of such failure, the County Manager or designee
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may call upon the excavation performance security to secure satisfactory
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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,
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pursuant to public advertisement and receipt and acceptance of bids, the
Excavation Work. The Developer, as principal under the excavation performance
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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
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16.A.6. b
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.
IN WITNESS WHEREOF, the Board, Owner and Developer have caused this
Agreement to be executed by their duly authorized representatives this-..) -7 day of
:�u2022.
SIGNED IN THE PRESENCE OF
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Printed Name: r 6r-h7,VK
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Printed Name: Ly
SIGNED IN THE PRESENCE OF:
Printed Name bra ,ri c ( Ce ",\
Printed Name: rAtT74Ew
r't�A;fl.jOACE
ppr ved s tQ fand legality:
erek D. Perry t
Assistant County Attorney
LIB NAPLES GRANDE, LLC
By: London Bay Community Investments, LLC
Its: Manager
By:
Mark 61ager
JOINED BY:
HP-SSP NAPLES GOLF, LLC
By�
Nicholas Russell, Officer
(authorized signatory)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
mi6tcrove10offiefit ?ewA
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
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16.A.6. b
Exhibit "A"
Performance Security
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16.A.6.b
PERFORMANCE BOND (CASH)
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
LB Naples Grande, LLC
2210 Vanderbilt Beach Road, Suite 1300
Naples, FL 34109
(hereinafter referred to as "Developer") and
NO SURETY — CASH BOND PROVIDED
(hereinafter referred to as "Cash -Bond") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Twenty Five Thousand Dollars and Zero Cents
($25.000.00) 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. Developer and Cash -Bond are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Developer has submitted for approval
by the Board a certain excavation permit no. 60.157-2 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 Cash -Bond 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 Developer 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 Developer 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 Developer'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 Cash -Bond, 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
Developer and the Cash -Bond to the full and faithful performance in accordance with the Land Development
Regulations. The term "Amendment," wherever used in this Bond, and whether 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 day of 1J.-, -t, 2022.
Printed me
Printed Name vrn
115-LDS-01664/1153600/1)
LB NAPLES GRANDE, LLC
By: London Bay Community Investments, LLC
Its: Manager
By:
Mark D. Wilson, anager
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16.A.6. b
STATE OF _
COUNTY OF
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ACKNOWLEDGEMENT
T7FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE OR El ONLINE NOTARIZATION THIS — DAY OF .Jva-„c- , 2022, BY
MARK D. W ILSON, AS MANAGER OF LONDON BAY £-OMMU TYyNVESTMENTS, LLC, AS MANAGER
OF LB NAPLES GRANDE, LLC, WHO IS �2�N Y KN WN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of
R6%'6i' `00jL.
Printed Name
1AL-1
14-EIS-02650/7
?0114�Y.,,/
J� rii Nolary Public State of FionoaRobbin CookMy Commission GG 203302 Expires 12/11/2022
(SEAL)
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[15-LDS-01664/1153600/1]
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16.A.6. b
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Descriptign
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
2022990965
2022-072035
07/19/2022
$25,000.00
Payment Method Amount Paid
Check $25,000.00
$25,000.00
$0.00
LB NAPLES GRANDE LLC
2210 VANDERBILT BEACH RD #1300
NAPLES , FL 34109
Reference Number
PL20220004553
]enniferBarosh
11209
rnonrolg__i
Check Number
1472
Origingi Amount GL Account
Fee Paid
$25,000.00 $25,000.00 131-000000-220113
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16.A.6. b
Exhibit "B"
Evidence of Signing Authority
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16.A.6. b
STATEMENT OF AUTHORITY
Pursuant to section 605.0302(l ), Florida Statutes, this limited liabiliry company submits the following statement of
authority;
FIRST: 'The name of the limited liability company is: LB Naples Grande, LLC
SECOND: The Florida Document Number of the limited liability company is:
L1600008646$
THIRD: The street address of the limited liabiiity company's principal office is:
2210 Vanderbilt Reach Road, Suite 1300
Naples, Florida, 34109
The mailing address of the limited liability company's principal office is:
2210 Vanderbilt Beach Road, Suite 1300
Naples, Florida, 34109
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FOURTH: This statement of authority &ants or sets limitations of authority on all persons having the`stsrus or -
position of a person in a company, whether as a member, transferee, manager, officer or otherwise or to a specific `
person on the following: —
1 May execute an instrument transferring real property held in the same of the company
a. Granted to:
Mark D. Wilson, Stephen G. Wilson, Lisa Van Dien
_.
b. No authority granted to:
2. May enter into other transactions on behalf of, or otherwise act for or bind, the company.
s. Granted to Mark D. Wilson, Stephen G- Wilson, Lisa Van Dien
b. No authority granted to:
F) � Mark D. Wilson
Signature of auto ' ntative Typed or printed name of signature
—Mwng Fee: S25.00
Certified Copy: 530.00 (optional)
CR2E~138 (2/14)
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7/20122, 9:14 AM Detail by Entity Name
16.A.6. b
❑IvISION OF CORPORATIONS
1
IW ujrrinl .;Itur of Florida wririlr
Department of State / Division of Corporations 1 Search Records 1 h by n i y Name I
Detail by Entity Name
Florida Limited Liability Company
LB NAPLES GRANDE, LLC
Filing Information
Document Number
L16000086468
FEIIEIN Number
81-2558549
Date Filed
05/03/2016
State
FL
Status
ACTIVE
Last Event
LC STMNT OF AUTHORITY 21
Event Date Filed
04/10/2020
Event Effective Date
NONE
Principal Address
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Mailing Address
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Registered Agent Name & Address
VAN DIEN. LISA
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Authorized Persons) Detail
Name & Address
Title MGR
LONDON BAY COMMUNITY INVESTMENTS, LLC
2210 VANDERBILT BEACH RD, SUITE 1300
NAPLES, FL 34102
Title Authorized Representative
a
Wilson, Marts D
https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaii?inquirytype=EntityName&directionType=Initial&searchName0rol Packet Pg. 190
7/20/22, 9:14 AM
Detail by Entity Name
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Title Authorized Representative
Wilson, Stephen G
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Title Authorized Representative
Van Dien, Lisa
2210 VANDERBILT BEACH RD
1300
NAPLES, FL 34109
Annual Reports
Report Year
Filed Date
2020
05/08/2020
2021
03/22/2021
2022
04/12/2022
Document Images
04/12/2022 — ANNUAL REPORT
View image in PDF format
03/22/2021 — ANNUAL REPORT
View image in PDF format
05/08/2020 — ANNUAL REPORT
View image in PDF format
04/10/2020 — CORL.CAUTH
View image in PDF format
04l11l2019 -• ANNUAL REPORT
View image in PDF format J
031301201a — ANNUAL REPORT
View image in PDF format
04/14/2017 — ANNUAL REPORT
View image in i format
06/14/2016 — CORLCAUTH
View image in i format
0510312016 — Florida Limited Lia6iliry.
View image in PDF format
nnnaa Department of State, Division of Corpua%ivni
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