Agenda 11/14/2023 Item #16A10 (Clerk of Courts to release a performance Bond with Lido Isles)11/14/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $24,320,
which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated
with Lido Isles, PL20220006478.
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 Lido Isles PPL (PL20220005501). On June 27, 2023, 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: 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
$24,320. 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)
16.A.10
Packet Pg. 415
11/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 26742
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $24,320, which was posted as a development guaranty for an Early Work Authorization (EWA) for work
associated with Lido Isles, PL20220006478.
Meeting Date: 11/14/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
09/21/2023 4:02 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
09/21/2023 4:02 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
09/21/2023 7:39 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/25/2023 3:06 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
09/25/2023 3:22 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 09/26/2023 8:28 AM
Development Review Brett Rosenblum Additional Reviewer Completed 09/26/2023 8:37 AM
Growth Management Community Development Department Jaime Cook Division Director Completed
10/10/2023 12:13 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/27/2023 4:40 PM
Growth Management Community Development Department James C French Growth Management Completed
11/01/2023 12:13 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/01/2023 9:19 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/01/2023 9:56 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/02/2023 10:01 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 11/02/2023 3:29 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 11/14/2023 9:00 AM
16.A.10
Packet Pg. 416
LIDO ISLES
LOCATION MAP
16.A.10.a
Packet Pg. 417 Attachment: Location Map (26742 : EWA Bond Release - Lido Isles)
EARLY WORK PERFORMANCE AGREEMENT
u,/ IH
/ l*z?-tt
lS EARLY WORK PERFORMANCE AGREEMENT entered into this Z 7 6ay s1
2023, between SD SAN MARINO, 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 10.01.02.8
(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. PL20220006478 (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:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
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.
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 specifoing those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early 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 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
2
4
5.
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of 924.320.00.
ln 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.
b.
16.A.10.b
Packet Pg. 418 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
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.
lN WITNESS WHEREOF, the Board and Developer have caused thi reement to be
7
executed by their duly authorized represenlalives lhis ZZ day of
20 zs
SIGNED I CE OF:SD SAN MARINO, LLC
Sign
Zszrs T-**z"Cz
Printed Name
Sign:
Printed Name
erfstaU+Xinzerc*ef
-
Ap gality:
Derek D. Perry
Assistant County Attorney
By
ame:,6u &l't't
i< ?'<sidrid-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY , FLORIDA
By:
3
Brett J. Rosenblum, Principal ProJect Manager,
as designee of the County Manager, pursuant to
Resolution No. 2015-162.
Printed N
Title: V
S
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
€.rn\ .r3Nc*t
(Provide Proper Evidence of Authority)
:rtffESts
16.A.10.b
Packet Pg. 419 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
EXHIBIT II A"
Performance Secu rity
16.A.10.b
Packet Pg. 420 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
Bond Number: 11CX1214835
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
KNOW ALL PERSONS BY THESE PRESENTS: that
SD San Marino, LLC
2639 Professional Circle, Naples FL, 34109
(hereinafter referred to as "Ownef') and
Lexon lnsurance Company
10002 Shelbyville Rd., 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 aggreg ate sum of twenty four thousand three hundred twenty and 00/1 00
Dollars ($24,320.00) an 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 Early Work Authorization Permit No. PL20220006478 and that certain Early Work
Authorization 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 completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in
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 fallure 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 referring to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 28th day of March,2023
WITNESSES:SD San Marino, LLC
By
dtD<
Printed Name
Keith Gelder/Vice President
(Provide Proper Evidence of Authority)
Pri d
du.4.rtn
Name
s4flL8
{eeaz*'u'
16.A.10.b
Packet Pg. 421 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
Bond Number: LlCXL214835
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLE
20
ICAL PRESENCE OR
BY (NAME OF ACKNOWLEDGER) AS (TTTLE)
ONLINE NOTARIZATION
PE HAS PRODUCED OF
Notary Public - State of
&
Name
WITNESSES:Lexon lnsurance Company
Lynnette Long
= ?3,=r' iu "f^:, %?'" ff
o *. r3',
oF (NAME OF COMPANY) WHO tS
AS IDENTIFICATION:
By::.
(sEAL)
Theresa Hintzma n, Attorney-in-Fact
(Provide Proper Evidence of Authority)
ACKNOWLEDGMENT
WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
OTARIZATION THIS 28th DAY OF March 20 23
N-FACT OF LEXON INSURANCE COMPANY WHO IS
ASI
Kelsy Hoagland
STATE OF Kentuckv
COUNTY OF Jetferson
PERSONALL Y KNOWN TO ME, OR HAS PRODUCED OF
Notary Public - State of Kentucky
fr,i*d,-
Susan Ritter
I 4-ErS-02650/6
JUDITH M SEALE
Notary Public - State of Florida
Commission # HH 046417
My Comm. Expires Sep 28,2024
Bonded through National Notary Assn.
tmr iltlr
CIrmvnl'f
mEnunoqrHrurY
D ' rYflPIO2O6IlImt
I
-lrlA.lt ..aJ
16.A.10.b
Packet Pg. 422 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
INSURANCE
SOMPO INTERNATIONAL
POWER OF ATTORNEY
11078
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Dela,vare corporation, Endurance American lnsurance Company, a Delalvare
corporation, Lexon lnsurance Company, a Texas corporation, and/or Bond Safeguard lnsurance Company, a South Dakota corporation, each, a "Company'and
mllectively, 'Sompo lnternational,' do hereby constitute and appoint: Brook T. Smith, Raymond M. Hundley, Jason D. Cromvvell, James H. Martin, Barbara Duncan,
Mark A Guidry, Jill Kemp, Lynnette Long, Amy Smith, Debomh Neichter, Theresa Hintsman, Beth Frymire, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt, Kelsy
Hoagland, Jacob Motto, Jennifer Edrvards as true and la$/fu| Attomey(s)-ln-Fact to make, execute, seal, and deliver for, and on its behaff as surety or co.surety; bonds and
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 ($100,m0,0(x).00).
Such bonds and undertakings for said purposeq when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15h
day of June, 2019, a copy of which appears beloiv under the heading entitled "Certificate'.
This Porver of Attomey is signed and sealed by facsimile under and by authority of the fullowing resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 1 5F day of June, 20'l 9 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such po/ver of attomey or any certificate relating thereto
by facsimile, and any such power of attomey or certificate bearing such hcsimile signature or seal shall be valid and binding upon the Company in the firture with respect
to any bond or undertaking to whicfr it is attached.
lN WTNESS WHEREOF, each Company has caused this instrument to be signed by the hllowing officers, and its corporate seal to be affixed this '15s day of
June,2019.
.:W)3"TT':T;;-[ .#,
Richard Aepeliilf,&f,pnior counsel Richard
ri{flfri{1'EBi x,oz i3.!?;T,i"s
Endurance American
II
Lexon lnsurance Company -Bond Safeguard
IL(,r:P*
Ricilard
a0In t/t .(.
On this 't 5h day of June, 2019, before me, personally came the above signatories kno,vn to me, who being duly swom, did depose and say that hert(nfJ$[ftoffcer of eachoftlEcompanies;andthatheexecutedSaidinstrUmentonbehalfofeachCompanybyaUthority;"ffi*-.,]...H-'".:
Amy Taylor, No4ryPublicI My Commissiqn Expires 54]23j
r, the undersigned officer of each company, oo HEREBv cERTrFy that: CERTIFICATE
f 0 ."ffi*l*:'s
Ap Appel
SOTJTH
OAKOTA
INSURANCE
COMPANY ,'
ACKNOWLEDGEMENT
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 po/ver of attomey, and that the same is a true and correct copy of the original power of
attorney and of the whole thereot
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:
on the United States Treasury's website - httos://www.treasurv.oov/resource-cenler/sanctionVSDN-List.
subiecl to OFAC. When a surety bond or other form of surety coverage is considered lo be such a blocked or frozen conlract, no payments nor premium refunds may be made r rilhout
authorizalion from OFAC. Other limitations on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submbslon: LoxonclaimAdministration@sompo-intl.com
Tolephone:615-553-9500 mailingAddre33:Sompolntornational;12890LebanonRoed;tountJuliEt,f[37122-2870
EAL
ol 'l-
!t
o SEAL
996
'RESOLVED, that each of the individuals named below is authorized to
undertakings or obligations in surety or co-surety with others: RICHARD M.
CHRISTOPHER L. SPARRO, MARIANNE L. WLBERT
J. BEGGS, CHRISTOPHER
3.
IN
as soThe undersigned further certifies that the above resolutions are true and conect copies
By:
i and be it further
RESOLVED, that each of the individuals named above is authorized to appoint aftomeys-in-fact for the purpose of making, executing,
undertakings or obligations in surety or co-surety for and on behalf of the Company.'
NOTICE: U. S. TREASURY DEPARTMENTS OFFICE OF FOREIGN ASSETS CONTROL (OFACI
I
No coverage is provided by this Notice nor can it be construed to replace any proMsions of any surety bond or olher surety coverage provided. This
possible impact on your surety coverage due to directives issued by OFAC. Ploase read this Notice carefully.
dayWTNESS \ /FIEREOF, I have hereunto set my hand and affixed the corporate seal this
I
16.A.10.b
Packet Pg. 423 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
Exhibit ttB"
Evidence of Signing Authority
16.A.10.b
Packet Pg. 424 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)
F7!
sT-.\'r'Ell En-1' O t' ..\UTIIORITY
Pursucnr ro sccrion 605.0-l(l2( I ), Florida Srsrulcs. rhis linritcd liabilitl,companl,srrbnrils thc lollorving stctcntcnt ol'
autlror ity:
SD SAN J\I,\RINO, LLC,
FIRS'l'r 'Ihe ncnre ofrhe limitcd liability comprny is
A FLORIDA LIJ}IITED LI BLITY COI}tPANY
5ECOND: Thc Floride Docurrcnt Nunrbcr ofthc lirnitcd liability cornprny is
Lt 5000t 61696
'llllRD: Thc s(rcet addrcss ofthc limited iisbilily cornpar:y -s pri cipal oflicc is
26J9 PROFESSION/rl, CIRCLf
sutT[. l0l
N,\ PLES. Fl-ORlD,\ 14l l9
Thc nriling arJdrcss ofthc lirnitc<l Ii:rbilill' cornprrrty s principrl offitc is
2639 PROFESSIONAL CIRCLE
sut IE r0r
NAPI,ES. FI.ORIDA ]4I I9
l-OURI'll:'l'l:issttlcmcntol-itttthoritygrxnlsolsltslimitationsoilttlthorilyonill pcrsons hnvitlg lh! sl:rttrs or
polirion of u pcrsorr itr r cotnpon!. rvhcrhcr ss a lTl!.nlbcr, tmnsfcrce, nlun0gcr, ofliccl ol othcrrvisc or to l sp.'cilii
lcrson orr rhc lollotl'in,.r:
l. N'hy c.\cqu!t an inslrurncnt lllnsfcritlg rcal propcny h.'ld in thc ttltncofthc conlplly.
a. Grlntcd to:
aRIAN K. STOCK !nd/or KEITH Ct:t.Dt-R lndlor JoHN t'ERRY
,)
q
to
b. No au0rorit-v Srantcd to:
2. iury crtcr into othar lnlsaclions on bcllalfol: ol olhcN'isc acl lbr or bind. lhc comp.ltu.
BRIAN K. STOCK ond/or KETTH CELDER and/or JOHN FERRY:r. Grantcd to r
S lqrialurc o I aullror
BRIAN K. STOCX
T)pcd or Printcd nllne ofsign:rlrrn'
Filing f'cq 525.00
C(rtilicd Cop\': 5.10.00 (optior!l l
cRl E l.ls (l1r.r)
d rrlrcscntativc
b. No iurhorir)'graor!.d to:
r-
16.A.10.b
Packet Pg. 425 Attachment: Bond Basis (26742 : EWA Bond Release - Lido Isles)