Agenda 12/12/2023 Item #16A 6 (Release Performance Bond associated with Country Club of Naples Golf Course Improvements)12/12/2023
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 PL20230000175 for work associated with
Country Club of Naples Golf Course Improvements.
OBJECTIVE: To release a 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 Country Club
of Naples Golf Course Improvements. The work associated with this security has been inspected, and the dev eloper
has fulfilled his commitments with respect to this security. The As-Built lake cross sections have been received, and
the lake was inspected on October 17, 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,
advising the Clerk of this action.
Prepared by: Lucia S. Martin, Project Manager I, GMCDD, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.6
Packet Pg. 890
12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 27100
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 PL20230000175 for work associated
with Country Club of Naples Golf Course Improvements.
Meeting Date: 12/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
10/26/2023 9:08 AM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
10/26/2023 9:08 AM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 10/26/2023 10:28 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/03/2023 1:14 PM
Growth Management Community Development Department Diane Lynch Level 1 Department ReviewCompleted
11/03/2023 2:50 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/09/2023 11:26 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
11/14/2023 2:56 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
11/20/2023 11:23 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:42 PM
Growth Management Community Development Department James C French Growth Management Completed
11/27/2023 4:54 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/28/2023 9:19 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2023 9:39 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/29/2023 10:32 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/30/2023 11:42 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
16.A.6
Packet Pg. 891
COUNTRY CLUB OF NAPLES
GOLF COURSE IMPROVEMENTS
LOCATION MAP
16.A.6.a
Packet Pg. 892 Attachment: Location Map (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
EXCAVATION PERFORI\iIANCE AGREETVENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 3rd day of January
2023 between The Country Club of Naples, lnc., 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. PL20230000175 (the
"Excavation Permit").
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 $25,000.00.
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 fulflll 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
miy call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation work. The Board shall have
the ;ight to construct and maintain, or cause to be constructed or maintained,
pursu;nt to public advertisement and receipt and acceptance of bids, 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
4
5
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.
2.
J.
6.
16.A.6.b
Packet Pg. 893 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
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.
lN WITNESS WHEREOF, the Board and DevelgpgShave caused this Agreement to be
executed by their duly authorized representatives lhis '</"'day of J,ar'lr"'r.f" , 2OZ-3T
SIGNED IN THE PRESENCE OF:
Sign: Thc Country Club of Naples, lnc,
ku r ta ^z filel lo r
General Manaqer/COO. Countrv Club of
Naples , lnc.
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
C County, Florida
a and legality
Derek Perry
Assistant County Attorney
Provide Proper Evidence of Authority
BOARD OF COLTNTY COMMISSIONERS
OF COLLIER
By
AS of the County Manager
pursuant to Resolution No. 201 5- I 62
- 4.._*-a(
6o o*1
By:
16.A.6.b
Packet Pg. 894 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
Performa nce Security
EXHIBIT II A''
16.A.6.b
Packet Pg. 895 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
EXI,,L,{ o/"
Collier County
Growth Management Division
28OO Horseshae Drive N.
Naples, FL 34104
239-252-2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Eee lescdplian
Refundable Bonds
2023tO46942
2023-002615
ot/tL/2023
$2s,000,00
Payment Method
Check
$2s,000.00
$0.00
The Country Club of Naples
185 Burning Tree Dr
Naples, FL 3410 5
Anlalx.LPaid
$2s,000.00
Check Number
r269
qriginal
Fee
$2s,000,00
Amallnl
Paid
$2s,000,00
GL Account
131-000000-2 201 13
Alicia.Rojas
11661
monroig_i
RECEIPT OF PAYMENT
cashier Name:
Batch Number:
Entered By:
Reference Number
P120230000175
16.A.6.b
Packet Pg. 896 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
Exhibit ttB"
Evidence of Signing Authority
16.A.6.b
Packet Pg. 897 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
2022 FLORIDA NOT FOR PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# 706215
Entity Name: THE COUNTRY CLUB OF NAPLES, lNC.
Current Principal Place of Business:
185 BURNING TREE DRIVE
NAPLES, FL 34105-6308
FILED
Apr 05,2022
Secretary of State
7096130701CC
Current Mailing Address:
185 BURNING TREE DRIVE
NAPLES, FL 34105-6308 US
FEI Number: 59-1149087
Name and Address of Current Registered Agent:
HOYER.BOOTH, ELIZABETH A CONTROLLER
185 BURNING TREE DRIVE
NAPLES, FL 34105 US
The above named entity submits thls stalement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: ELIZABETH HOYER-BOOTH 0410512022
Electronic Signature of Registered Agent
Officer/Director Detail :
Title DIRECTOR, SECRETARY
Name TURCK, LAURIS
Address 9513 CAMPBELL CIRCLE
City-State-Zip: NAPLES FL 34109-4504
Certificate of Status Desired: No
Date
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip:
DIRECTOR
MCDONNELL, MICHAEL J
1301 7TH ST S
APT 107
NAPLES FL 34102-7366
DIRECTOR, VP
ZELLER, SUZANNE
2171 GULF SHORE BLVD N
APT 604
NAPLES FL 34102-4685
DIRECTOR
LOSIER, JOHN THOMAS
730 PINE CT
NAPLES FL 34102-5160
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip:
Title
Name
Address
City-State-Zip:
DIRECTOR, PRESIDENT
MILONE, MICHAEL
693 14TH AVE S
NAPLES FL 34102-7115
DIRECTOR, TREASURER
REIF, DAVID
1265 TUNA CT
NAPLES FL 34102.1544
DIRECTOR
DAUSMAN, LAURA
7032 PELICAN BAY BLVD
APl 202
NAPLES FL 34108-5517
above, ot on an attachmenl with all olher like empowered.
SIGNATURE:MICHAEL MILONE PRESIDENT 0410512022
Electronic Signature of Signing Ofiicer/Director Detail Date
16.A.6.b
Packet Pg. 898 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
Cflr'ffn,,.,,/,'rVl,l
y''q,l/al/";
I85 BURNINGTREE DRIVE NAPLES, FLORIDA 34105
Octobe r 1, 2022
To Whom it May Concern:
Blayne G ilbert is the General Manager and Chief Operating Officer of The Country Club of Naples and he
is authorized to sign zoning and other related land development documents on behalf of the club. lf
you have any questions, please let me know.
Very truly yours,
f\;J*/ U'*4--
Michael Milone, President
GENERAL OFFICE
239-261-1032
GOLF SHOP
239-261-1267
WEBSITI
WWW.CCNAPLES.NET
16.A.6.b
Packet Pg. 899 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
Exhibit ttc"
Opinion of Probable Cost
16.A.6.b
Packet Pg. 900 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)
Q-Gradg Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
239-947-LL44
Project: Country Club of Naples
Job#: CCNGC
Calculated by: Michael J. Delate, P.E.
Date:11t2t2022
Countrv Club of Naples
ENGINEER'S CALCULATION OF PERFORMANCE GUARANTEE FOR COLLIER COUNTY EXCAVATION PERMIT
Ca lculations
Reference: Section 22-115(a\ Code of Lows and Ordinonces of Collier County, Florido
Performance Guarantee Requirements:
- No less than 525,000.00
- No greater than s1,000,000.00
- Amount per linear foot of lake bank is calculated as:
520.00 per linear foot for sand
Calculate weighted average for sand/rock:
Depth of Sand =5 feet
Lake
Number
Lake Bank
(LF)
Amount per LF
Lake Bank
Amount of
Guarantee
L 400 S2o.oo s8,000.00
TOTAT s8,000.00
Ensineer's Certification
The above calculations are computed on the basis of:
1. The Collier County Excavation Ordinance,
as codified in Section z2-LLSlal Code of Lows ond Ordinonces of Collier County, Florido
2. Construction Plans for Country Club of Naples (SDPA-P120220005275)
3. lnformation provided by the Geotechnical Exploration Reports
4. Length of Lake Bank is measured at control elevation.
Michael J. Delate, P.E.
Florida P.E. License No.49442
Aoprc;ai Tffitt.rn;;;-- i
.:2a.q. /?4..o
MinimumPerformance Guarantee =E@
G:\Engineering\PROI-ENc\c\ccNGc\06DPUlExcavation\Exc Guarahtee calcs
.l ' {w4
16.A.6.b
Packet Pg. 901 Attachment: Bond Basis (27100 : Excavation Bond Release - Country Club of Naples Golf Course Improvements)