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Agenda 03/26/2024 Item #16A 2 (Stonebridge Country Club - Golf Course Renovations - PL20220005335 $233,240)03/26/2024 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $233,240, which was posted as a guarantee for Excavation Permit Number PL20220005335 for work associated with Stonebridge Country Club - Golf Course Renovations. 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 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 Stonebridge Country Club - Golf Course Renovations. The As-Built lake cross sections have been received, and the lakes were inspected on February 20, 2024, 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 $233,240. 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.2 Packet Pg. 600 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.2 Doc ID: 28104 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $233,240, which was posted as a guarantee for Excavation Permit Number PL20220005335 for work associated with Stonebridge Country Club - Golf Course Renovations. Meeting Date: 03/26/2024 Prepared by: Title: Technician – Development Review Name: Lucia Martin 02/20/2024 1:57 PM Submitted by: Title: Environmental Specialist – Name: Jaime Cook 02/20/2024 1:57 PM Approved By: Review: Development Review Brett Rosenblum Other Reviewer Completed 02/21/2024 7:54 AM Operations & Regulatory Management Michael Stark Other Reviewer Completed 02/21/2024 5:48 PM Engineering & Natural Resources Jack McKenna Other Reviewer Completed 02/23/2024 9:13 AM Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed 02/26/2024 9:07 AM Unknown Jaime Cook Division Director Completed 02/27/2024 9:21 AM Growth Management Community Development Department Diane Lynch GMD Approver Completed 03/04/2024 7:13 PM Growth Management Community Development Department James C French Growth Management Completed 03/12/2024 2:33 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/13/2024 2:15 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/13/2024 4:14 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2024 8:41 AM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/14/2024 3:32 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/15/2024 9:52 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.A.2 Packet Pg. 601 STONEBRIDGE COUNTRY CLUB - GOLF COURSE RENOVATIONS LOCATION MAP 16.A.2.a Packet Pg. 602 Attachment: Location Map (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 13th day of January 2023 between Stonebridge Country Club Community Association, 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 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 No. P120220005335 (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 tenders its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $233,240.00. ln the event of default by Developer or failure of Developer to complete the Excavation Work within the time required by the Excavation Regulations and Excavation Permit, Collier County, may call upon the excavation performance security to insure satisfactory completion of the Excavation Work. The Excavation Work shall not be considered complete until Developer notifies the County that the Excavation Work is complete and the final Excavation Work is reviewed and approved by the County Manager or designee for compliance wtth the Excavation Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Excavation Work is complete, either: a) notify Developer in writing of his approval of the Excavation Work; or b) notify the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Excavation Work. ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County l\Ianager or designee may call upon the excavation performance security to secure satisfactory completion, repair and maintenance of the Excavation Work. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, 3 4 6 16.A.2.b Packet Pg. 603 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this \3tt^ day of fan arq - ,20'LA.. SIGNED IDd Sisn: f)7$L E; THE PRESENCE OF:4.-r/ 7 Printed Name wr Printed Name ATTEST: Crystal K. Kinzel, CLERK By Clerk of the Circuit Court & Comptroller Collier County, Florida legality: Derek D. Perry Assistant Cou nty Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER By: Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No. 201 5- I 62 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 construction, the final total cost to the Board thereof, including, but not limited to, engineering, legat and contingent costs, together with any damages, either direct or consequential, which the Board may sustainon 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 bebinding upon Developer and the respective successors and assigns of Developer. Stone Cou ntry Club Community Assoc., lnc.4q'By: Ptn 6+-t /cco Itt n (President, VP, or COO) Provide Proper Evidence of Authority) /L 16.A.2.b Packet Pg. 604 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) EXHIBIT II A'' 16.A.2.b Packet Pg. 605 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) PEBFORMANCE BOND #3303024 FOR EXCAVATION WORK WITNESSES:Stonebri e Coun Club Community Association,lnc By:(Owner SiBnature) Printed Name ..-t ceg [15-LDS 01664/11s3500/1] Printed Name KNOW ALL PERSONS BY THESE PRESENTS: thAt STONEBRIDGE COUNTBY CLUB COMMUNITY ASSOCIATION, INC. 2100 Winding Oaks Way, Naples, FL 341 09 (hereinalter referred to as "Owner") and FCCI lnsurance Company 6300 University Parkway, Sarasota, FL 34240 / Phone: ao0-226-3224 (hereinafter relerred to as "Surety") are held and tirmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum ol Two Hundred Thirty Three Thousand, Two Hundred Forty Dollars ($233.240) in laMul money ol the United States, lor the payment ol 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 tor 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. PL20220tn5335 and that certain excavation permit shall include specilic 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 ol completion of the work and approval by the County of the specitic improvements described in the Land Development Regulations (hereinatter the "Guaranty Period") or until replaced by a new bond in the event ol a change of Ownership. NOW, THEREFORE, if the Owner shall well, truly and faithlully 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 indemnily 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, otherwise to remain in rull force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees thal no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligalion 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 amendmenls hereto, so as to bind the Owner and the Surety to lhe lull and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether relerring to this Bond, or other documents shall include any alteration, addition or modilication of any character whatsoever. lN WITNESS WHEREOF, the parties herelo have caused this PERFORMANCE BOND to be executed this 28ih day of Februarv.2023. Kaiflyn fililind&r Timothy Jones. General Manager/ COO Printed Name 16.A.2.b Packet Pg. 606 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) ACKNOWLEDGEMENT STATE OF Ft or td& COUNTY OF LOII I CY THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFgl pHisicA[ pnEserucE on Eoruurue NorARrzAroN rHrs I onv or Mavch , zo Q,7 , By (NAME oF ACKNoWLEDGER) AS (TrrLE) oF (NAME oF CoMPANY) wHo ls PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION Pubric - State ot FiOf ld CU Pri Am 9 AL n i WITNE55ES: /4 printed Name 9r..1S".--.. ( te. n Printed Name -tay [0,1 STATE OF Ft COUNTY OF Martin Henrv Watson (Attornev-in-Fact) (Provide Proper Evidence of Authority) ACKNOWLEDGMENT retyu(snypamConceraunsFCCI By:M e, t!o\r,f4.2 THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY -UIEANS OF EtTgvsicni pnesEr.rcE on iibutu're NorARlzAloN rHts LZ onv ss frt - r'rzv?l 20 ZV , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME oF COMPANY) WHo l5l PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - state or FIon/4, (sEAL) Printed Name r4-Ers-02650/7 "^oY L AMYIqYJACXSON ItYCOMiltSSloil t GG 911526 D(PIRES: lhy t, 2024 Bond.d Thru PuDlbUM*rdhn *K;., 1ffie': IRACY NGSCHILLI licPub State ofNotrrv lorida 0m rr ssion ilHt 5626 mComMy Jul1X0rre9 2025 3onded Nationathrough As!n.N0tary [1s-LDS-o1664/11s3600/1] tt,ry o J4 rgw) ol,l 16.A.2.b Packet Pg. 607 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) -,ft. FCCINU*^ucr GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI lnsurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Tyler Caron; Andrea Shaw; Nick Wichmanowski; Susan Klein; Brad Havemeier; Martin H Watson; Trisha Horner; Morgan Miller Each, its true and laMul Attorney-ln-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed S20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary lo effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. ln witness whereof, the FCCI lnsurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of 2020July Attest U*.i;,-g. lrlu-..."Iiiln#r... ..ts.?-^'",;";'?,-. i3i 5sa1 ,?r 'i. i191v9}"...- Christina D. Welch, President FCCI lnsurance Company Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI lnsurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expies. 212712023 G.62E^.r Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission exptes. 212712023 Notary Public CERTIFICATE l, the undersigned Secretary of FCCI lnsurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 2/? day ot c b/ ua 4A Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI lnsurance Company # (p 1JoNA,35S2-NAO] 7/2021 G.XnluS^<,c 16.A.2.b Packet Pg. 608 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) Exhibit ttB" Evidence of Signing Authority 16.A.2.b Packet Pg. 609 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) February LO,2023 Collier County Development Review Division Attn: lvette Monroig 2800 North Horseshoe Drive Naples, FL 34104 Re: Letter of Authorization To Whom it May Concern: Please accept this letter of authorization permitting Timothy Jones, Stonebridge Country Club's General Manager/COO to represent the interests of Stonebridge Country Club Community Association, lnc. and sign any required documents in connection with permitting in Collier County. Sincerply,/ .]t7'-.. Daniel Grazia President, Stonebrid8e CC STATE OF FLORIDA COUNTY OF COLLIER ..th Sworn to {or affirmed) and subscribed before me this I- day of ft[ !.Uq), 2023., by cl GrazrAnQ t 1 Signat of Notary Print me of Notary AXY tttY Jr0Got{ ltY@l{ $tot{I @9aa6a0 EXP|RES: tt y a, 2o4 3ca.d Ih,lht y h.ac thdiit r 2100 Winding Oals Vay . Naples, Florida 34109 239.594.52A0 . F a: 239.592. t87 9 anm <rnaahrirlomn-nr-,.ltth ^^- COUNIRYCIUA Arn,r lar r \dn PersonallyxnownX(on}Producedldentification-(Typeofidentification-) 16.A.2.b Packet Pg. 610 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation) --- FCCIlxtit'.' GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI lnsurance Company, a Corporation organized and existing under the laws ofthe State of Florida (the "Corporation") does make, constitute and appoint: Tyler Caron; Andrea Shaw; Nick Wichmanowski; Susan Klein; Brad Havemeier; Martin H Watson; Trisha Horner; Morgan Miller Each, its true and lawful Attorney-ln-Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, unde(aking or contract of surety to which it is attached. ln witness whereof, the FCCI lnsurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23td day of July 2020 Attest Christina D. Welch, President FCCI lnsurance Company ...lriii,Ii:.... ..i;:':3"d;:4Ei SEAL !ri'.- ',. tel ,, -ji',,'3ent* ' .. Christopher Shoucair, EVP, CFO Treasurer, Secretary FCCI lnsurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expies. 212712023 (rfizS^"'D Notary Public State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires. 212712023 G,61uE^c.c Notary Public CERTIFICATE l, the undersigned Secretary of FCCI lnsurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this /4% O"Y of &"r1 Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI lnsurance Company tr # 1 toNA 3592,NA,0! 7,2021 8. bLu- 16.A.2.b Packet Pg. 611 Attachment: Bond Basis (28104 : Excavation Bond Release - Stonebridge Country Club - Golf Course Renovation)