Agenda 06/25/2024 Item #16A 6 (The Clerk of Courts to release a Performance Bond for an Early Work Authorization (EWA) associated with Sandy Lane Assemblage)06/25/2024
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $150,400,
which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated
with Sandy Lane Assemblage, PL20230015914.
OBJECTIVE: To release a security that was posted as a development guarantee.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as
guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this
security has been inspected, and the developer has fulfilled his commitments. The performance security was posted
for clearing and site filling associated with an Early Work Authorization (EWA) for Sandy Lane Final Plat,
PL20220006390. This was approved by the Board of County Commissioners on May 14, 2024, and the EWA bond
is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as a development guarantee and
released after work is performed.
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
$150,400. Development Review 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. 227
06/25/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 28985
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $150,400, which was posted as a development guaranty for an Early Work Authorization (EWA) for work
associated with Sandy Lane Assemblage, PL20230015914.
Meeting Date: 06/25/2024
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
05/21/2024 3:16 PM
Submitted by:
Title: Environmental Specialist –
Name: Jaime Cook
05/21/2024 3:16 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch GMD Approver Completed
05/21/2024 3:58 PM
Operations & Regulatory Management Michael Stark Other Reviewer Completed 05/21/2024 4:49 PM
Development Review Brett Rosenblum Other Reviewer Completed 05/23/2024 8:32 AM
Operations & Regulatory Management Rey TorresFuentes GMCDD Reviewer Completed 05/29/2024 1:52 PM
Engineering & Natural Resources Jack McKenna Other Reviewer Completed 05/31/2024 8:07 AM
Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed
06/05/2024 9:27 AM
Unknown Jaime Cook Division Director Completed 06/10/2024 12:07 PM
Growth Management Community Development Department James C French Growth Management Completed
06/11/2024 2:16 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/13/2024 5:38 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2024 8:38 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2024 8:48 AM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 06/14/2024 3:56 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 06/16/2024 6:56 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/25/2024 9:00 AM
16.A.6
Packet Pg. 228
SANDY LANE ASSEMBLAGE
LOCATION MAP
16.A.6.a
Packet Pg. 229 Attachment: Location Map (28985 : EWA Bond Release - Sandy Lane Assemblage)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 9th day of
November, 2023, between Naples Associates Vl, 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 early work authorization in accordance with
the Collier County Land Development Code including but not limited to Section 1O.O j .02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL2O230015914 (the "Early Work Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereofl in the amount of
$150 400.00
3
4
b
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a)
notify Developer in writing of his approval of the Early Work; or b) notify
Developer in writing of his refusal to approve the Early Work, therewith specifying
those conditions which Developer must fulfill in order to obtain the County
Manager's approval of the Early Work.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certiflcation of such failure, the County Manager or designee
may call upon the early performance security to secure satisfactory completion,
repair and maintenance of the Early Work. The Board shall have the right to
construct and maintain, or cause to be constructed or maintained, pursuant to
public advertisement and receipt and acceptance of bids, the Early Work. The
Developer, as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construction, the final
16.A.6.b
Packet Pg. 230 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
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 WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 9th day of November, 2023.
Naples Associates Vl, LLLP, a Florida limited
SIGNED lN THE PRESENCE OF: tiabitity timited partnership
Sign: By: Naples Vl Corporation, a Florida
on, its Partner
,- fr s_---L rr-rfct*ru \. cr{\Jv\
7
-o
Printed Name
Printed Name h S4ql.a
rtftEST:-
@
Gledwfttre€ir@
€otfiert6Iilffihrida
legality:
Derek D. Perry
Assistant County Attorney
N. Maria n
BOARD OF COUNTY COMMISSIONERS
OF IER FLORIDA
By:
J Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
BtA
Sign:
16.A.6.b
Packet Pg. 231 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
EXHIBIT II A''
Performance Security
16.A.6.b
Packet Pg. 232 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
PERFORMANCE BOND
FOR EARLY WORK AUTHORIZATIONS
Bond No.: 0255684
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples Associates Vl, LLLP
1600 Sawgrass Corporate Parkway, Suite 400
Sunrise, Florida 33323
(hereinafter referred to as "Owner") and
Berkley lnsurance Company
400 Mount Kemble Ave., Suite 310 N
Morristown, NJ 07960
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Early Work Authorization Permit No. PL20230015914 and that certain Early Work
Authorization shall include specific improvements which are required by Collier County Ordinances and
Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence
on the date this Bond is executed and shall continue until the completion of the work and approval by the
County of the specific improvements described in the Land Development Regulations, or until issuance of
a subsequent final development order such as an Site Development Plan (SDP) or Subdavasion Plat and
Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in lhe event of a change in
Ownership.
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owner's failure to do
so, and shall reimburse and repay the County all outlay and expense which the County may ancur 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 th.e 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 "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of One Hundred Fiftv Thousand Four Hundred Dollars
and Zero Cents ($150.400.00) in lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
16.A.6.b
Packet Pg. 233 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this gth day of November, 2023
WITNESSES Naples Associates Vl, LLLP, a Florida limited liability
limited partnership
/fu[flE-,-^By: Naples Vl Corporation, a Florida
CO its general partnervpriil$"*..--L'rIPess-..,Name By
fohn Ltl,r+
who is personallv known to ma or who has produced
who did/did not take an oath.
Nota ry Publi of fl
riz
N. Maria Menendez, Vice President
as identification and
(SEAL)
re
Pri Name
ACKNOWLEDG EM ENT
STATE OF Florida
COUNTY OF Broward
a
ay of 2023, by N. Maria Menendez,as Vice P sident
of Naples Vl Corporation, a Florida corporation, the general partner of Naples Associates Vl,
LLLP, a Florida limited liability limited partnership, on behalf of said corporation and partnership,
The foregoing instrument was
online notarization this Lt\a edg ed before me by means or {physical presence or !
'ffi
JEFFREY ASPEI Cq
CdflnMnrBH$6
ErDh.s Jnw, A,41,
Printed Name
16.A.6.b
Packet Pg. 234 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
6OlllF4
WITNESSES:lnsurance Com
Auth ignaturer
Printed Name: Taylor Rosenhaus
0eF
Printed Name: Christian Collins
[u,r.e"t- \*ont-
SURETY:
By:
Dale A. Belis
[\
Printed Name
Attorney-ln-Fact and Florida Resident Agent
Title
ACKNOWLEDGMENT
STATE OF Florida
COUNTY Or Palm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
eHvstcAl PRESENCE OR tr ONLINE NOTARTZATTON TH|S gth DAy OF November,2023, By
Dale A. Belis AS Attorney-ln-Fact OF Berkley lnsurance Company WHO lS PERSONALLY KNOWN TO
ME, OR HAS PRODUCED OF N/A AS IDENTIFICATION.
Notary Public - State of Florida
(sEAL)
Printed Name
I 4-EIS-026s0/7
.rlii,Z:,. KAILEE STONEj:fl$*ti Notary Pubtic - statc of Florida
'?f#Hf.:j *, t?fl#il'lii,l"l iifi : il,,
EonCed through National Notary A55n.
16.A.6.b
Packet Pg. 235 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
EXH!BIT IIB''
Signing Authority
16.A.6.b
Packet Pg. 236 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
DrvrsroN oF CoRPoRATToNS
*$y.* r:i)i,',i i,?*,,', r t t t | )
#lp;';i!l'l:l!,;;ill.,'1i!t11i,!11;1;t.,.,;1,
Depirtmed-A[S1Ale / Division of CorpelalAls / Search Records / Search bv Entitv Name /
Detail by Entity Name
Florida Profit Corporation
NAPLES VICORPORATION
Filing lnformation
Document Number P20000O54372
FEUEIN Number 85-2333265
Date Filed 0712212020
State FL
Status ACTIVE
Princips!-Aslc!rcss
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Mailing Address
1600 SAWGRASS CORPORATE PARKWAY SUTTE 400
SUNRISE, FL 33323
lggistered Agent Name & Address
HELFMAN, STEVEN M, ESQ
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Officer/Di rector Detai I
Name & Address
Title P
Ezratti, Misha J
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP, AS
Fant, Alan J.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP
16.A.6.b
Packet Pg. 237 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
DtvrsroN oF CoRPoRAT|oNS
,)",
;Flit;ryirorg'-
AepAdnngolSlslalc / Division of CorBeIEtAlS / Search Records / Search by Entiry Name /
Detail by Entity Name
Florida Limited Partnership
NAPLES ASSOCIATES VI, LLLP
Filing lnformation
Document Number A20000000279
FEUEIN Number 85-2678109
Date Filed 0712412020
State FL
Status ACTIVE
Last Event CORPORATE MERGER
Event Date Filed 0310112022
Event Effective Date NONE
Principalldclress
1600 SAWGRASS CORPORATE PKWY STE 4OO
SUNRISE, FL 33323
Mailing Address
1600 SAWGRASS CORPORATE PKWY STE 4OO
SUNRISE, FL 33323
Registered Agent Name & Address
HELFMAN, STEVEN M
1600 SAWGRASS CORPORATE PKWY STE 4OO
SUNRISE, FL 33323
General Partner Detail
Name & Address
NAPLES VICORPORATION
1600 SAWGRASS CORPORATE PKWY STE 4OO
SUNRISE, FL 33323
Annual Repprlg
Report Year
2021
2022
2023
Filed Date
04t28t2021
02t23t2022
04t04t2023
Document lmaoes
16.A.6.b
Packet Pg. 238 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
Nonrvalk, Richard M.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Tltle VP, T
Menendez, N. Maria
,I600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Tltle VP
Arkin, Richard A.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title S
Helfman, Steven M.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Annual ReportlE
Report Year
2021
2022
2023
Filed Date
04t26t2021
0310112022
04t11t2023
Document Imaggg
O4l11/2023 - ANNUAL REPORT
O3/01/2022 -. ANNUAL REPORT
04126/202,1 -- ANNUAL REPORT
07i22l2020 - Domestic Profit
View image in PDF format
Mew image in PDF format
View image in PDF format
View image in PDF format
Florida CPpanment of Stat€, Divisloi of CorporaLions
16.A.6.b
Packet Pg. 239 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
EXHIBIT'C"
Opinion of Probable Cost
16.A.6.b
Packet Pg. 240 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
,6 RoBAU &ASSOCTATES
SANDY LANE ASSEMBLAGE SDP EARLY WORK AUTHORIZATION
REQUIRED REVEGETATION BOND
SUMMARY
COLLIER COLTNTY
PROJECT NUMBER: PL20220006390
REVEGETATION BOND CALCULATION SCHEDULE
ACRES TO BE CLEARED COST PER ACRE TOTAL COST
75.2 s 2,000.00 $ 150,400.00
PER LDC Chapter 10.01.02 B.2.g
A vegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of
$2,000.00 per acre is posted for stabilization with vegetation in accordance with LDC section 4.06.04 A.3;
Matthew W.
DeFrancesco
2023.10.13
15:02:03
-04'00'
This item h6 b€en electronically signed and sealed by Matthew W. DeFmncffo, Professional Engineer Using a SHA Authentication Code.
Printed copies of this dNurent are rct considqed signed and saled and the SHA Authentication Code must be verified on ay elemonic copies.
1011212023 l:14 PM XlShared\P\02 l -00-001 Sandy Lane Assemblage\ASXX_EWA Prep\Reveg Bond.xlsx
No. 8€6a0*
STATE OF
16.A.6.b
Packet Pg. 241 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)
No. Bl-492e-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY TFIESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT. has made, constituted
and appointed, and does by these presents make, constitute and appoint: Brett Rosenhaus or Dale A. Belis of Acrisure, LLC tlbo
Nielson, Rosenhaus & Associates of Delray Beach, FZ its true and lawful Attorney-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 One Hundred Million and 00/100 U.S. Dollars
(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 at its principal office in their own proper persons.
This Power of Attorney 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 Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting ofthe Board of Directors 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 ofattorney authorizing and qualifuing the attorney-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 attorney executed pursuant hereto; and said officers may remove any such
attorney-in-fact and revoke any power ofattorney previously granted; and further
RESOLVED, that such power of attorney 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 attorney-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 ofattorney or certification thereofauthorizing 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 of any
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 WHEREOF, the Company has
corporato seal hereunto afExcd this zs$r day of
causcd these preseots -be sipcd and attested by its appropriate ofEcars and ils
Atcst:Iasurance
By
2020
sl.,\1.
Executive Vicc Pre.sidcnt & Secretary
STATE OFCONNECTICUT )
) ss:
COT]NTY OFFAIRF'IELD )
Swora to before me, a Notary hrblic in $g $t tr of Connecticu! this zsm day of 2o2o , bY Ira S. Ledcrman
and Jc&ey lv{- H8ffcr v&o are sworn to rDc to b tLe Exeqtive Vice aod Se,nior Vice Prcsident,
respectively, of Berkley Insuraoce Compaoy llARlA C Rlnrf,)BAXEi
NOTARY PUBI IC
coNr{EcTlcuT
Public, State Connccticut
CERTIFICATE
I, thc undenigned, Assistmt Socretary of BERICLEY INSTIRANCE COMPANY, DO HEREBY CERTIFY 6ar dre
fiiue, correct and completc copy of the origioal Power of Atomey; that said Power of Attorney has not boen
adborify of the Attomey-in-Fact set fortt therein, who exccr-ted tle boud or
is io fuil forcc and effect as of this datc.g0RP
lrY@MMrssroN ExPlRel
APf{r- 30. 20e{
my hand and seal of the Compaoy, d''is 9th day of
Vinccut P. Forte
to
16.A.6.b
Packet Pg. 242 Attachment: Bond Basis (28985 : EWA Bond Release - Sandy Lane Assemblage)