Agenda 01/09/2024 Item #16A 6 (Release of Performance Bond associated w/Valencia Trails Naples & Valencia Trails)01/09/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $513,971,
which was posted as a guarantee for Excavation Permit Number PL20210000187 and PL20210001212 for
work associated with Valencia Trails Naples and Valencia Trails - Plat Three.
OBJECTIVE: To authorize the release of a Performance Bond security that was posted as a development
guarantee.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as
guarantees 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 the
commitments with respect to this security. Effective July 19, 2021, the Performance Bond of $350,070.67 was
increased to $513,971 and was posted as security for an Excavation Permit associated with Valencia Trails Naples
and Valencia Trails - Plat Three. The As-Built lake cross sections were received and inspected on November 8,
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: 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 authorize the Clerk of Courts to release the Performance Bond in the amount of
$513,971. 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, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.6
Packet Pg. 385
01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 27269
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $513,971, which was posted as a guarantee for Excavation Permit Number PL20210000187 and
PL20210001212 for work associated with Valencia Trails Naples and Valencia Trails - Plat Three.
Meeting Date: 01/09/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/14/2023 3:59 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
11/14/2023 3:59 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 11/15/2023 9:18 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/16/2023 1:52 PM
Unknown Jaime Cook Division Director Completed 11/20/2023 11:30 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/27/2023 9:23 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/04/2023 2:35 PM
Growth Management Community Development Department Diane Lynch Department Review Completed
12/05/2023 3:41 PM
Growth Management Community Development Department James C French Growth Management Completed
12/12/2023 11:24 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/19/2023 9:03 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/19/2023 9:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2023 9:10 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/26/2023 3:45 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 12/26/2023 4:07 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.A.6
Packet Pg. 386
VALENCIA TRAILS NAPLES AND
VALENCIA TRAILS NAPLES PLAT THREE
LOCATION MAP
16.A.6.a
Packet Pg. 387 Attachment: Location Map (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 26th day of
February, 2021 between Naples Associates lV, LLLP 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 3.05.1 0 (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. PL20210000187 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$3s0,070.67.
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 fulfill 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 certiflcation 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 shailhave the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
4
b
5.
1.
2.
3.
16.A.6.b
Packet Pg. 388 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
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.
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 WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 26th day of February, 2021 .
SIGNED IN THE PRESENCE OF NAPTES ASSOCIATES lV, LLLP, a Florida limited
liability limited partnersh ip
By: Naples lV Corporation, a Florida corporation,
its general partner
rg
By
Richard M orwalk, Vice President
Printed Name LQ
Sig n
Y.*r"/&4b
7
)
C
printed Name gHfttULYil /C€&
ATTEST.
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier County, Florida
roved as to fo and legality
b
De:rek . Perry
BOARD OF COUNTY COMMISSIONERS
OF COL R COUNTY, FLORIDA
By t-a)(...-
(-
AS des rgnee of the County Manager
pursuant to Resolution No. 2015-162
Assistant County Attorney
16.A.6.b
Packet Pg. 389 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
E-xhrb,i"A"
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No.:0233233
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Naples Associates lV, LLLP
1800 Sawgrass Corporate Parkway, #400
Sunrise, Florida 33323
(hereinafter referred to as "Owner") and
Berkley lnsurance Company
400 Mount Kemble Ave., Suite 3'10 N
Morristown, NJ 07960
(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 Three-hundred fifty thousand seventy dollars and
67/100 ($350.070.67) in laMul 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. 20210000187 Valencia Trails Lake Excavation 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 repay the County all outlay and expense which the County may incur in making
good any default, then this obligation shall be void, otheMise 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.
[15-rDS-01664/1153600/1]
16.A.6.b
Packet Pg. 390 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 26th day of Februarv,2021
WITNESSES Naples Assoclates lV, LLLP, a Florida limited liability
limited partnership
By:E,y Na lV Corporation, a Florida
o ration,gene rt r
before me by means of n physical presence or fl
,2021 ,by N. Maria l\ilen , as Vice President
of Naples lV Corporation, a Florida corporation, the general partner of Naples Associates lV,
LLLP, a Florida limited liability limited partnership, on behalf of said corporation and partnership,
who is rso na I known to me or who has produced as identification and
who did/did not take an oath
The foregoing instrument was ac
online notarization this \9r day
knowledge(
ot M.*rtr.U.
.IY PU., JETFREY ASPEVACEK
f::"";" rmmt*ton I GG 286968-jffii kn*msl
lex 5?etttw'
Printed Name
By
Printed Name: t\lI(61rfl BR(INE
STATE OF Florida
COUNTY OF Broward
Notary Public - State of
Printed Name
By
ACKNOWLEDGEMENT
N. Maria Menendez, Vice President
Title
(SEAL)
[15-LD5{166411153600/1]
,1...(
16.A.6.b
Packet Pg. 391 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
WITNESSES
nted Name: Taylor Rosenhaus
SURETY: Berk lnsurance Com
By:"!-A ft@
Authorized Signature
Dale A. Belis
Printed Name
Attorney -ln-Fact and Florida Resident Aqent
Title
Printed Name: Christian Collins
STATE OF Florida
COUNTY OF PaIm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
fleHvsrc+ PRESENCE oR E{L|NE NoTARrzATroN THrs 26th DAy oF February ,2021, By
(NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY) WHO IS PERSONALLY KNOWN
TO ME, OR HAS PRODUCED OF N/A AS IDENTIFICATION
Notary Public - State of Florida
(SEAL)
Printed Name: Kailee Stone
14-FtS-02650/7
t
XArttt !I0NE
flol,ry Pub|. - Slrle ofFlorida
(ommssron lC6l525/8
My(omm Expi,es 0d 18,2021
ll0\ki lhrouAh NrhcnalNohryAs$
[1sLDS-016 /11s3600/1]
:-f
.,,4
ACKNOWLEDGI\4ENT
\,rir-;/;
16.A.6.b
Packet Pg. 392 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
No. BI-492e-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON. DELAWARE
NOTICE: The warning found elsewhere in this Power of Attomey affects the validity thereof. Pleasc review carefully.
KNOW ALL MEN BY THESE PRESENTS, thar BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws ofthe Statc ofDelaware, having its principal office in Grecnwich, CT, has made, constituted
and appointed, and does by these pr€sents make, constitute and appoir,t'. Brefl Rosenhaus or Dale A. Belis of Acrisure, LLC dba
Nielson, Rosenhaus & Associates of Delray Beach, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as
delileated below and to executc, seal, ackrowledge and deliver any and all bonds and undertakings, with the exception of
Financial Guaranty lnsurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars
(U.S.S100,000,000.00), to the same extent as if such bonds had been duly cxecuted and acknowlcdged by thc regularly elected
officers ofthe Company at its principal office in their own proper persons.
This Power of Attomey shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting ofthe Board ofDirectors ofthe Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety busincss written by Berkley Surety, the Chairman of the Board, Chief
Executive Of6cer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifoing the attomey-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of afiorney executed pursUant hereto; and said officers may remove any such
attomey-in-fact and revoke any power of attomey previously glarlted; and further
RESOLVED, that such power of attomey limits the acts of those named therein to the bonds, undertakings. recognizances.
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated: and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and
further
RESOLVf,D, that the signatue of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue tq use for the pu.rposes herein stated the facsimile signature of any
person or persons who shall have been such o{Icer or ofEcers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WITNESS WIIEREOF, thc Compaay has caused thesc praserts to -be signed aDd attcded by its appropriate ofEc€rs md its
corporate seal heremto affxed this 2gg &y of March 2020
Attest:Insurarce Com
By
Executive Vioe hesident & Secretary
STATE OF' CONNECTICT'T )
) ss:
COUNTY OF FAIRFIEI,D )
Swor! to beforc Bo, a Notary Public i.o the Statr of Cornccticfi, rhi( 25th day of [,4arch 2o2O ,W L'z S. Lcdcraan
md ictEcy Lt H8ft!. who arr sworr to mc to bc thc Exccrtive Vicc
rcspectivc)y, of Batlry Insuanco Company. "Se.:SmiaCOt{tIECICL'YIY oC|'IMIST}IC{ EXPIHE'
Atftr. 30, 2@r
CERTIFICATE
I, tbc undcrsigpc4 Assistet Socrltry of BERIGEY INSUR.ANCE CoMPANY, DO HEREBY CERTIFY thar thc foregoing is a
&ue, conEot and corEPlate coPy of tbe origiEl Power of Auomey; bat said Power of Atsomey has not begtr revokcd or rcscindect
auhority of tle Anomcy-in-Fact sa fortb thcrcin, who cxcctxcd thc bond or
Sccretary,aad Scaior Vicc Prcsidcnt,
is in fi:ll forcc and effca as ofthis datc.
Ey hand 8nd seal ofthe Company, this 26th day of
otary
Febru
Public, Stare Connecticut
to which this Po\Yer of
2021
sl.'-,\
Vinccnt P. Forte
r-=a-
16.A.6.b
Packet Pg. 393 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
Project: Valencia Trails Lake ExcavationPENINSUL
ENCINEERING {
Task: Excavation Bond Calculation
Prepared By: DCH Date:
Date:
7/26/2027
Checked By:
Lake lO Description Unlt Price Unit Quantity Amount
74
16
Lake Bank Perimeter at Control Elev s 32.00 LF 7,486 s
5,462 s
7,162 s
47,552.OO
782,066.67
37,184.00
83,268.00
350,070.67
Lake Bank Perimeter at Control Elev. S 33.33 LF
Lake Bank Perimeter at Control Elev. S 32.00 LF
77 Lake Bank Perimeter at Control Elev
Notes:
1) The performance guarantee for excavation shall not be less than S25,000, nor more than S1,000,000 computed at a
rate of 520.00 for sand and S100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No. 04-55.
2) Unit Prices utilized for bond calculation are based on the Geotechnical Engineering Services Report prepared by
Velocity Engineering Services. The methodolgy utilized is that where "N" Values were below 50, the unit price for
"Sand" (S20,00) would apply and where "N" Values exceeded 50, the unit price for "Rock" (5100.00) would apply. The
unit price used is based on the approximate weighted average of those areas as reported in the respective boring logs
s 54.00 LF 7,542 s
Performance Security Guarantee = S
Daniel C
Hartley
Drgr,[y .Ei.d by Da.r.r c Ha'!.y
DN 6'o.rrd C Hdry, c=US.
GPENINSULA II'FFOVEMENT
CORPORAIION DEA PENINSUU
erornhd!€y@banl,dd.6
D:i.: 2o2r 01 26 13.9r3 {5m
Daniel C. Hartley, P.E.
FL License No.73943
Certificate of Authorization No. 28275
16.A.6.b
Packet Pg. 394 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
2O2O FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT
DOCUMENT# A1 30000001 62
Entity Name: NAPLES ASSOCIATES lV, LLLP
Current Principal Place of Business:
1600 SAWGRASS CORPORATE PARKWAY, STE, 4OO
SUNRISE, FL 33323
Current Mailing Address:
1600 SAWGRASS CORPORATE PARKWAY, STE.4OO
SUNRISE, FL 33323
FEI Number: 90-0957942
Name and Address of Current Registered Agent:
FILED
Apr 19, 2020
Secretary of State
5537553014CC
Certificate of Status Desired: Yes
NAPLES IV CORPORATION
1600 SAWGRASS CORPORATE PARKWAY, SIE. 4OO
SUNRISE, FL 33323 US
The above named entity submits this statenenl for lhe pueosd of changing its registercd ofrce or registored agont, ot both, in the Slala of Flotida-
SIGNATURE: STEVEN M. HELFI\4AN 0411912020
Electronrc Signature of Registered Agent
General Partner Detail :
Documenl# P13000028204
Name NAPLES lV CORPORATION
Address 1600 SAWGRASS CORPORATE
PARKWAY, STE.4OO
City-State-Zip: SUNRISE FL 33323
Date
I horeby cedilv lhal the tnt@ali@ ihdi@tad an this rcpot1d spplenental repotl is lrue and a@6to and that tny etactt@jc senalwa shat hava the sfa jegat 6n6c! os it hade bdar@th: thet t am a ge@6t panhq at th. tinitod panne6hip ot the reeiwt or blstea empo*e@d to exocure this rc:por1 as @qot;d by Chaptot 620, Ftorda st"irr.i: iii /,rr
^y
n"ro
appaaB abovo, or oo an afta.hreht th at othertko enporered.
SIGNATURE: RICHARD M. NORWALK VP O4I1,I2O2O
Eleclronic Signalure of Signing General partner Detail Date
16.A.6.b
Packet Pg. 395 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
2O2O FLORIDA PROFIT CORPORATION AMENDED ANNUAL REPORT
DOCUr\4ENT# P1 3000028204
Entity Name: NAPLES lV CORPORATION
Current Principal Place of Business:
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE. FL 33323
Current Mailing Address:
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE. FL 33323
FEI Number: 46-2483022
Name and Address of Current Registered Agent:
FILED
Jul24,202O
Secretary of State
4560973052CC
Certificate of Status Desired: No
HELFMAN, STEVEN M ESQ
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323 US
The above named entily submils this statemenl lor lhe pu,pose ol changing its egisleftd office ot ftgisteF-d agenl, ot bolh, ]n lhe State of Floida-
SIGNATURE:
Eleckonic Signature of Registered Agent
Officer/Director Detail :
Title P
Name EZRATTI, i/tlSHA J.
Address 1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
City-State-Zip: SUNRISE FL 33323
VP. AS
FANT, ALAN J.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
NORWALK, RICHARD I\4.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
ARKIN, RICHARD A.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
VP, TREASURER
I\,1ENENDEZ, N. MARIA
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
VP, S
HELFMAN, STEVEN [/,
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
Date
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State-Zip
TiUe
Name
Address
City-Slate-Zip
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State-Zip
I hdreby cedE thal the ihlormattoh ihd@led ah this repod ot supptanarlal rcpod is to and eccu1la and that my electnnic sig,an@ shalt have tho san tagat enec! as n nade underooth: thal I an an ofcet ot dtactor ol thQ cotpoqtion ot the tceiw ar ltslee enpowor.t to e,ecute lhi6 rpon ds tqut@.1 bt Chapter 6A7, Ftotida Statutas: and thet ny nane appeag
abovo, o, on a. anachment wlh all othet tko enpowercd.
SIGNATURE: RICHARD M. NORWALK VP 0712412020
Electronic Signature of Signing Offlcer/Director Detail Date
16.A.6.b
Packet Pg. 396 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
FIRST AMENDED EXCAVATION PERFORMANCE AGREEIVIENT
WHEREAS, the Developer has provided a General Purpose Rider modifying the Excavation
Performance Security to (1)increase the bond amount to $513,971.00, and (2) incorporate Excavation
Permit Nos. PL202100001 87 and PL202100O1212, and
WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, et
a/. 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 Nos. PL2021 0000187 and PL2021,0001212 (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:
1. Developer agrees lo 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 $513 971
3 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 lvlanager or designee for compliance with the Excavation
Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of notilication 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 Managefs approval of the Excavation
Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certiflcation 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, the Excavation Work. The Developer, as principal
under the excavation
4
6
THIS FIRSTAMENDED EXCAVATION PERFORI\iIANCE AGREE[/ENT entered into thislgthday
of July 2021 between Naoles Associates lV. LLLP hereinafter referred to as "Developer," and the Board of
County Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Developer and Board executed an Excavation Performance Agreement on February
26,2021, for Excavation Permit No. PL20210000187 and seek to amend this Excavation Performance
Agreement to include additional Excavation Permit No. PL2O210001212, and
5.
16.A.6.b
Packet Pg. 397 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
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 fulflll 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 Developer fave caused this Agreement to be
executed by their duly authorized representatives this _ff"day of July 2021.
SIGNED IN THE PRESENCE OF:
Sign h,at-
Printed Name (1li.tli o €. RorneO on, its
Sign
N ria M
Printed t tql<
ATTEST:
Crystal K. Kinzel, CLERK
Naples Associates lV, LL[P, a Florida limited
liability limited partnership
By: Naples lV Corporation, a Florida
rtner
nt
By:
By:
Clerk of the Circuit Court & Comptroller
Collier County, Florida
ro a rry
BOARD OF COLTNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By,okt REIKW
designee ofthe
pursuant to Resolution No. 2015-162
AS
Assistant County Attorney
16.A.6.b
Packet Pg. 398 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
EXHIBIT IIA"
EXCAVATION PERFORMANCE SECURITY
16.A.6.b
Packet Pg. 399 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
b lAerktey"Q,11ffiJv
GENERAL PURPOSE RIDER (Revised)
To be attached to and form a part of Bond No. 0233233, effective February 26,2021 issued by the
Berkley lnsurance Company, as Surety, in the amount of Three Hundred Fifty Thousand Seventy and
67/'100 Dollars ($350,070.67), on behalf of Naples Associates lV, LLLP as Principal and in favor of
Collier County, FL, as Obligee:
Project Name: 20210000187 Valencia Trails Lake Excavation
It is understood and agreed that the Bond described above is hereby modified as follows
It is further understood that said Bond shall remain subject to all of its terms, conditions, and limitation,
except as expressly amended herein.
This rider is to be effective as of July 19, 2021
Naples Associates lV, LLLP, a limited liability
limited partnership
by: Naples lV Corporation, its general
partner Berkley lnsurance Company
B
(Principal)
an,Vice ident
S*By
Steven Dale A. Belis, Attorney-ln-Fact
4'12 Mount Kemble Ave., Suite 310N
Morristown, NJ 07960
. The Bond Amount shall be lncreased as follows:
Bond lncreased From: Three Hundred Fifty Thousand Seventy and 671100 Dollars
($350,070.67)
Bond lncreased To: Five Hundred Thirteen Thousand Nine Hundred Seventy One and
00/1 00 Dollars ($513,971.00)
It is further understood and agreed that the Permit No. for this bond shall be modified to
include PL20210000187 and PL20210001212.
Signed sealed and dated this August 17, 2021.
lN WTNESS WHEREOF, Berkley lnsurance Company has caused its Corporate Seal to be hereunto
affixed.
16.A.6.b
Packet Pg. 400 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
No, Bl-492e-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
Vr'ILM INGTON. DELAWARE
This Power of Attomey shall be construed and enforced in accordance with, and governed by, the laws ofthe State ofDelaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attomey is ganted pursuant to the following
resolutions which were duly and validly adopted at a m€eting ofthe Board ofDirectors ofthe Company held on January 25, 2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, Presid€nt or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers of attorney authorizing and qualifuing the attomey-in-fact named therein
to execute bonds, undertakings, rccognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attomey executed pursuant hereto; and said officers may remove any such
atlomey-in-fact and revoke any power of attomey previously granted; and further
RESOLVED, that such power of attomey limits the acts ofthose named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attomey revokes all previous powers issued on behalf ofthe attomey-in-fact named; and
further
RESOLVED, that the signature of any authoriz€d offcer and the seal ofthe Company may be affixed by facsimile to any
power of afiomey or certification thereof authorizing the execution and delivery ofany bond, undertaking, recognizance, or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature ofany
person or persons who shall have been such officer or officers ofthe Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WTINESS WIIEREOF, thc Company has causcd tbcsc prescots -bc signcd aDd attastcd by its appropriarc offic€rs and its
coryoratc scal hcrarto affxcd tiis 25th day of Marcfr --29?9-.
Attcst
By
Excfirivc Vic€ hcsidcnt & Secre&ry
STATE OT CONNECIICT'T )
) ss:
COUNry OFFAIRTIELD )
SrvorD to bcforD Dc, a Nobry Public in tbc Stato of CoDBccticul this zsrir day of I\rarch 2or0 , b, [i S. Lcdcrooo
@d Jr6"y l'! HaAr( who ? swur to Ec to bc &c Elcqaivc Vicc PrB Sccrctary, itrd Scaior Vicc PIcsidlaq
respcctivcly, of B.rklsy Ilsu"atrcc Compaoy.lt Fll c Ft tf,rB^rci
NOTAFY A]AT lc
COIINECT€UT
t|Y @MMrSStOr.r EXABea
AP|{I. ao, :024
CERTIFICATE
I, thc udcrsigDc4 AssisAt Socrcbry of BERruEY INS ]NCE COMPANY, DO HEREBY CERTIFY tuat thc forcgoing is a
trlc, cqrcd aod coryletc copy of Sc origilal Polvcr of Atomey; &at said Powcr of Attomcy bas Dol bcqq rcvokod or rescirdcd
"urhority of thc Atlomcy-in-Fs.t sct forlh thcreb" who cxccutcd ttrc boud or un
Public, State Connccticdotary
\L-Ar-1my hand and scal of&c Company, this day of
Vinccnt P. Fortr
to r11tri9h thislowcr of
aall
NOTICE: The waming found elsewhere in this Power of Anomey affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws ofthe State ofDelaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by th€se presents make, constitute and appoint: Brctt Rosenhaus ot Dole A. Belk oI Acrisure, LLC dbo
Nielson, Rosenhaus & Associstes o! Delruy Besch, FL its true and lawlirl Attomey-in-Fact, to sign its name as surety only as
delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of
Financial Guaranty Insuranc€, providing that no single obligation shall exceed One Hutrdred Millior atrd 00/100 U.S. Do ars
(U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company al its principal office in their own proper persons,
Insunucc
is in full forcc. and cffact as ofthis datc.
16.A.6.b
Packet Pg. 401 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
2O2O FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT
DOCUMENT# A't 30000001 62
Entity Name: NAPLES ASSOCIATES lV, LLLP
Current Principal Place of Business:
1600 SAWGRASS CORPORATE PARKWAY. STE.4OO
SUNRISE, FL 33323
FILED
Apr 19, 2020
Secretary of State
5537553014CC
Current Mailing Address:
1600 SAWGRASS CORPORATE PARKWAY, STE.4OO
SUNRISE, FL 33323
FEI Number:90-0957942
Name and Address of Gurrent Registered Agent:
Certlficate of Status Desired: Yes
NAPLES IV CORPORATION
1600 SAWGRASS CORPORATE PARKWAY, STE.4OO
SUNRISE, FL 33323 US
fhe above nemed enw submits lhis statemenl for lhe purposa of changing ils regigered ofrci or 'e,giste'od agont, or bolh, in the State ol Florida.
SIGNATURE: STEVEN M. HELFMAN O4fi9I2O2O
Electronic Signature of Regist€red Agent
General Partner Detai! :
Document# P130O0028204
Name NAPLES lV CORPORATION
Address 1600SAWGRASSCORPORATE
PARKWAY. STE.4OO
City-State-Zip: SUNRISE FL 33323
Date
I tEGby adw lhat tlp nlumoti@ iodktsu q thit .'{ptl q a4f,lrmnlrl .apd t trw td acmlc qd the, ay atacl@ic sgf,aa!fr srol havs tho sa@ tagat a/|oct * il aoda ut&tNlh; tllat I .m a 9rryat pa.bc. d lh. litrtE lEaNBhiO u tto @w. t tuat6 ffipofrn<t to cxa Ae ht relia as requ,id by Chegta. 6?0, F,oNa Strtt les; frd thct ny nr'spprm a6ovo. 6 @ ,n ottetfre,Ir'. wlth afr dlhq ,iha emrp6Bd.
SIGNATURE:RICHARD M. NORWALK Vp O4t1gt2O2O
Electronic Signature of Signing General partner Detail Date
16.A.6.b
Packet Pg. 402 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
2O2O FLORIDA PROFIT CORPORATION AMENDED ANNUAL REPORT
oocuMENT# P1 3000028204
Entity Name: NAPLES lV CORPORATION
Current Principal Placa o, Businoss:
1600 SAWGRASS CORPORATE PARKWAY SUIT€ 4OO
SUNRISE. FL 33323
Cu116nt Mailing Address:
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
FEI Number: 46-24E3022
Name and Address ol Current Registered Agent;
FTLED
Jul 24, 2O2O
Secretary of State
4560973052CC
Certificate of Status Oesired: No
HELFMAN, STEVEN M ESO
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE. FL 33323 US
th. &ov. hal,,.d.ntity subztts Ns sreto,,,ent lor thc putwso ol cn.ngirg its 'Egisteld ofici or.egisle..d s€enl d bo,l. in be Stet d Fwrdr.
SIGNATIJRE:
Eleclronrc Signature of Registared Agent
Ofticer/D irector Detail :
Tite P
Name EZRATTI, MISHA J.
Addre$ 1600 SAWGRASS CORPORATE
PARKV"/AY SUITE 4OO
City-State-Zipi SUNRISE FL 33323
VP, AS
FANT, ALAN J,
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
Tate
Nalne
Addresg
City-State-Zip:
TiUe
Neme
Address
City-State-Zip:
NORWALK. RICHARD M,
1 600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
ARKIN, RICHARD A,
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
suNRrsE FL 33323
VP, TREASURER
MENENDEZ, N, MARIA
I 600 SAWGRASS CORPORATE
PARKWAY SUIIE 4OO
SUNRISE FL 33323
VP, S
HELFMAN. STEVEN M.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
Date
TiUe
Name
Address
City-State-Zip:
Ti{e
Name
Address
City-Stale-Zip:
Title
Narno
Addrgss
City-State-Zip:
I rg.bv carldlth.l lh tiaqrrtorl trd.a,rd @ r,!. rtport { tr,ppbnut.t ootlt q i6 Jn @r.t .?rd rrl ay.€.rwt sgr.trc .r'.a n E rn Ed bt J afrd B t h&a 6.N$tn. k.t t nbot i.qd<t6ctnrot tD.dttu b,dt ac.iq trn ti uoo<rena t etooa nt ipoair,"q,',a ai.ct t6,w. noat sanni oa i;;;"qD.-".D06, d6ddend . t dtons *. qrd!,a!.
SIGNATURE: RICHARD M. NORWALK Vp O 24IZOZO
ebctronic Signature of Stgning Oficer/Director Delail Date
16.A.6.b
Packet Pg. 403 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)
PENINSUL Project: Valencia Trails Naples - Plat Three
Task: Excavation Bond Calculation+ENCINEERINC
Notes:
1) The performance guarantee for excavation shall not be less than SZS,OOO, nor more than 51,000,000 computed at a
rate of 520.00 for sand and S100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No. 04-55
2) Unit Prices utilized for bond calculation are based on the Geotechnical Engineering Services Report prepared by
Velocity Engineering Services. The methodolgy utilized is that where "N" Values were below 50, the unit price for
"Sand" (520.00) would apply and where "N" Values exceeded 50, the unit price for "Rock" (S100.00) would apply. The
unit price used is based on the approximate weighted average ofthose areas as reported in the respective boring logs.
3) A Performance Agreement and Bond in the amount of 5350,070.67 have previously been prepared and issued for
Excavation Permit No. P120210000187, which authorized excavation of Lakes #74, #15, #16 and #17 in the previously
permitted condition. This permit application includes modifications to those lakes, in addition to the proposed new
excavation of Lakes #12 and #18. lt is assumed that a bond rider or similar mechanism may be appropriate to update
the total Performance Guarantee to the amount as shown within these calculations.
Prepared By: AG
Checked By: DCH
Datet 5h812O27
Date: 5/7812021
ENqNEERING,
ou=A0l,l10Cmm16D02F0F5€mg7F6.
Date 2021 05 18 13131.56,g',m',
Dan iel C ffi:dr:'iilfdffilt"
CORPORANON OAA PENINSUU
Hartley
Daniel C. Hartley, P.E.
FL License No. 73943
Certificate of Authorization No. 28275
Lake lD Description Unit Price Unit Quantity Amount
1.2 Lake Bank Perimeter at Control Elev S :e.oo LF 2,643 s 87,219.00
74 Lake Bank Perimeter at Control Elev S :o.oo LF 1,569 s 56,484.00
15 Lake Eank Perimeter at Control Elev,5 as.rs LF 5,418 s 180,600.00
76 Lake Bank Perimeter at Control Elev,S :o.oo LF t,076 S gs,zao.oo
77 Lake Bank Perimeter at Control Elev S s+.oo LF 1,770 S gz,s+o.oo
18 Lake Bank Perimeter at Control Elev,S :z.oo LF 1,831 S ss,sgz.oo
Performance Security Guarantee = S 513,971.00
16.A.6.b
Packet Pg. 404 Attachment: Bond Basis (27269 : Excavation Bond Release - Valencia Trails Naples and Valencia Trails Naples - Plat Three)