Agenda 01/09/2024 Item #16A 7 (Release a Performance Bond for work associated w/Valencia Trails)01/09/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $184,346,
which was posted as a guarantee for Excavation Permit Number PL20210001927 for work associated with
Valencia Trails Naples Lakes 19, 20, & 21.
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
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 Valencia Trails Naples Lakes 19, 20, & 21. The As-Built lake cross sections have been received,
and the lakes were 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
$184,346. 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.7
Packet Pg. 405
01/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.7
Doc ID: 27270
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $184,346, which was posted as a guarantee for Excavation Permit Number PL20210001927 for work associated
with Valencia Trails Naples Lakes 19, 20, & 21.
Meeting Date: 01/09/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
11/14/2023 4:21 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
11/14/2023 4:21 PM
Approved By:
Review:
Development Review Brett Rosenblum Additional Reviewer Completed 11/15/2023 9:20 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/16/2023 1:50 PM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 11/27/2023 9:54 AM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
12/04/2023 2:34 PM
Growth Management Community Development Department Diane Lynch Department Review Completed
12/05/2023 3:50 PM
Unknown Jaime Cook Division Director Completed 12/08/2023 11:23 AM
Growth Management Community Development Department James C French Growth Management Completed
12/12/2023 11:25 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/19/2023 9:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/19/2023 9:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/26/2023 9:12 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/26/2023 3:47 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 12/26/2023 4:13 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM
16.A.7
Packet Pg. 406
VALENCIA TRAILS NAPLES
LAKES 19, 20, & 21
LOCATION MAP
16.A.7.a
Packet Pg. 407 Attachment: Location Map (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered inlolhis / 5/ day of September
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 3.05.10 (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. PL2021OOO1927 (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 to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2. Developer herewith lenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
$184 ,346.00
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 satisfaclory completion of the Excavation Work.
The Excavation Work shall not be considered complete untrl 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 certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
complelion, 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 performance
3
4
b
16.A.7.b
Packet Pg. 408 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
rtl
7
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.
Naples Associates lV, LLLP, a Florida limited
liability limited pa rtnership
les lV Corporation, a Florida
ati n, its gen lp rtner
N aM , Vice P res dent
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this /t1 day of September 2021.
SIGNED IN THE PRESENCE OF:
Sign
Printed Name
Sign
Printed Name \t\rio\u, t&tno
ATTEST:
Crystal K. Kinzel, CLERK
By.
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
ed as ,f
u-
nd ity:
k a !'ry
Evidence of signing authority attached
hereto as Exhibit IB"
BOARD OF COUNTY COMMISSIONERS
OF CO LIER COLINTY. FLORIDA
By:
Jaime Cook, Director
Development Review Division
as designee of the County Manager,
pursuant to Resolution No. 2015-162
\
Assistant County Attorney
16.A.7.b
Packet Pg. 409 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
EXHIBIT II gII
16.A.7.b
Packet Pg. 410 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
EXHIBIT "A"
PERFORMANCE BOND
FOR EXCAVATION WORK
Bond No. 0240955
KNOW ALL PERSONS BY THESE PRESENTS: thAt
Naples Associates lV, LLLP
1800 Sawgrass Corporate Parkway, #400
Sunrise, Florida 33323
Berkley lnsurance Company
400 Mount Kemble Ave., Suite 310 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 One hundred eighty four thousand, Three hundred
forty six dollars and 00/100 (S184,346.00) in laMul money of the United States, for lhe 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 P!.ZOzl0O01.927 valencia T N aoles Lakes Excavat ons
Lakes 19,20 and 21 and that certain excavation permit shall include specific improvements which are
required by Collier County Ordinances and Resolutions (hereinafter "Land Development ReBulations").
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 approva I 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, pursuant to Code of Ordinances Section 22-115.
NOW THEREFORE, if the Owner shall well, kuly and iaithfully 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 Ownefs 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 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.
(hereinafter referred to as "Owne/') and
16.A.7.b
Packet Pg. 411 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 1st day of Seotember, 2021
WITNESSES:Naples Associates lV, LLLP, a Florida limited liability
limited partnership
By :Na lV Corporation, a Florida
tion sg ene
Printed Name S&perr IWnot By
re
I
Evidence of signing authority attached
hereto as Exhibit "6" .
ACKNOWLEDGEMENT
STATE OF Florida
COUNry OF Broward
,,.
The foregoing instrument-vyas acknoyvledged before me by means ot fihysical presence or !
online notarization this \ ?t day of 1eVe',U.V2Oz1, by N. Maria Menendez, as Vice President
of Naples lV Corporatiffi 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 personally known to me or who has produced as identification and
who did/did not take an oath.
Na ) en*1 '4we*u-
f\,*,raNotary Public - State of
Printed Name
(SEAL)
rffi:
JEFFREYASPEVACEK
commlsslon; GG 286966
Exph€s J.nuary 28, 2023
8ond.d Ttuu lud9.t Noirry S.dlc.t
N. Maria Menendez, Vice President
Title
(-
.)cfFrt-ert )P€v*q;t-
16.A.7.b
Packet Pg. 412 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
WITNESSES:SURETY: Berkl lnsurance Com
By b"ut e*
Authorized Signature
Printed Name: Kailee Stone
Dale A. Belis
Printed Name
Attorney-ln-Fact and Flonda Resident Ao ent
Title
Printed Name: Taylor Rosenhaus
ACKNOWLEDGIVENT
STATE OF FIoTida
CouNry oF Palm Beach
THE FOREGOING PERFORI\,4ANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
El pHystcnr PRESENCE oR E oNLINE NOTARIZATTON TH|S 26th OAY OF Februarv, 2021, BY
Dale A. Belis AS Attorney-ln-Fact OF Berkley lnsurance Company WHO lS PERSONALLY KNOWN TO
ME,OR HAS PRODUCED OF N/A AS IDENTIFICATION,
Notary Public - State of Florida
(SEAL)
l.r-FI5-02650 7
?
i
(A iii sIONE
NotarytJlli. SillcolFio.ida
(oDmilroi t C(, l52t/8
My(omm.Erprreloct 18,2021
fi dcd lhrouqhNrt oDlNolnyA$n
G O I,'P,
v1 I I
(4==+:---
I cul-t,r. 1ffi.
Printed Name: Kailee Stone
16.A.7.b
Packet Pg. 413 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
No. BI-492e-el
POWER OF ATTORNEY
BERI(LEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attomey affects the validity thereoi 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 these presents make, constitute and appoint: Btelt Rosenhaus ot Dale A. Belis of Acrisure, LLC dba
Nielson, Rosenhsus & Associates of Delray Beach, F, its true and lawful 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 Insurance, providing that no single obligation shall exceed Ore Ilundred Million rtrd 00/100 U.S. Dollsrs
(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 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 business written by Berkley Surety, the Chairman of the Board, Chief
Executive Officer, 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 attomey executed pursuant hereto; and said officers may remove any such
attomey-in-fact and revoke any power of attomey previously granted; and funher
RESOLVED, that such power ofattomey limits the acts ofthose named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authofity 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 of the attomey-in-fact named; and
further
RESOLVED, that the signature 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 th€ same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or o{Icers ofthe Company. notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WTn{ESS WHEREOF, the Coupauy has causcd thcsc preseDts to !c sigaed aad atcsted by its "pFopn"& of6crrs and i6
corporatc scal hcrourto af6xcd 6is ZSttr &y of 2020
AttesL R Iosuraace Compan
By
Executive Vicc Preside & Seqetary
STATE OF CONNECTICUT )
) ss:
COTNTY OF FAIRFIELD )
Sworn to beforc uc, a Notary Public il tLc Statc of Coanccticug
ed Jsftcy l"l- Ifu.ff!. uiho arD sryortr to llc to bc tLc Excqaivc
respectivcly, of Bcrtlry hsru-ancc Compaay. ry;1.:#ffilP
corr{Ec'lcuTIY OOt Mtssrolir EXPIFEI
Al,H{. rt. alea
'1'{.'
I" thc uodcrsigncd, Assistait Scc.aary;b
this zstr day of I\rarch 2o2n , by L'a S. Ledcrmao
Vice Pres Sccrctary,and Seoior Vicc Presidcng
otary Pubiic, Stale Coooecticut
CIRTIFIC.{TE
INSLB.ANCE COMPANY, DO HEREBY CERTIFY ffal the forcgoing is a
of Attomey; that said Ponor of Anorney has not bceu revokcd or rcsctoded
sii forth thcrcin, who executcd thc bond or tm to wbich this Power of
ar pf this
cbmpaoy
dale
of SeSL\
t-ue, correct aDd 'o!
this 1st duy
Vinccut P. Fode
2021
\]
t
16.A.7.b
Packet Pg. 414 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
EXHIBIT ,,8 ,,
16.A.7.b
Packet Pg. 415 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
2021 FLORIDA LIMITED PARTNERSHIP ANNUAL REPORT
DOCUI\4ENT# A1 3000000 I 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 13,2021
Secretary of State
5487529080CC
Certificate of Status Desired: Yes
NAPLES IV CORPORATION
1600 SAWGRASS CORPORATE PARKWAY, STE, 4OO
SUNRISE, FL 33323 US
Tho above named enlity submits this statemonl tor the purpose of changing its registered oftice or regislered agen\ or both, in lho $late ol Florida.
SIGNATURE: STEVEN M. HELFMAN 0411312021
Electronic Signature of Registered Agent
General Partner Detail :
Document# P13000028204
Name NAPLES lV CORPORATION
Address 1600 SAWGRASS CORPORATE
PARKWAY, STE, 4OO
City-State-Zip: SUNRISE FL 33323
Date
oath: thdt I an a goned panDet ollhe liailod parh'Ehtp ot lhe rcei@t or truslee anpowerd lo e$drle lhis repod as regurd by Chaptet 620, Flonda Slalules: and lhal rr kano
appears above, or on an atlachmohl with al olhet lke gfipowered.
SIGNATURE: RICHARD M. NORWALK VP 0411312021
Electronic Signature of Signing General Partner Detaal Date
16.A.7.b
Packet Pg. 416 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)
2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# 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
Apr 13,2021
Secretary of State
1684015224CC
Certificate of Status Desired: Yes
HELFMAN. STEVEN I\,1 ESQ
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323 US
The above named ontily submits lhis staldmenl for the pupose of changing its rcgislered office or rogistered agent, ot both, in the Slate ol Flodda
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title P
Name EZRATTI. MISHA J.
Address 1600 SAWGRASS CORPoRATE
PARKWAY SUITE 4OO
City-Slate-Zip: SUNRISE FL 33323
City-State-Zip
Date
VP. AS
FANT, ALAN J,
1600 SAWGRASS CORPORAIE
PARKWAY SUITE 4OO
SUNRISE FL 33323
Tifle
Name
Address
NORWALK, RICHARD M.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
ARKIN, RICHARD A,
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State-Zip
Title
Name
Address
City-State-Zip
Title
Name
Address
VP, TREASURER
MENENDEZ, N, MARIA
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323
VP, S
HELFMAN. STEVEN M.
1600 SAWGRASS CORPORATE
PARKWAY SUITE 4OO
SUNRISE FL 33323City-State-Zip
oath: thal I am en oficet or dnedat of lhe @aoftion ot tho rceiw. or l,lstea etpo*€ld ta etocuto this topon as .equ.ed by chapte. 607, Fbnda stalutas. aN that ny hano appears
abovo, or @ an anachmont wilh alt olher ke empowebd.
SIGNATURE: RICHARD M. NORWALK VP 0411312021
Eleckonic Signature of Signing Officer/Director Detail Date
16.A.7.b
Packet Pg. 417 Attachment: Bond Basis (27270 : Excavation Bond Release - Valencia Trails Naples Lakes 19, 20, & 21)