Agenda 10/22/2024 Item #16A18 (Release Performance Bond for work associated with Caymas Phase One)10/22/2024
Item # 16.A.18
ID# 2024-1165
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $735,293.15 which
was posted as a guaranty for Excavation Permit Number PL20220004687 for work associated with Caymas Phase One.
OBJECTIVE: To release a security which was posted as a development guaranty.
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 Caymas Phase One.
The As-Built lake cross sections have been received and the lakes have been inspected on September 13, 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
RECOMMENDATIONS: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$735,293.15. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item by
the Board of County Commissioners, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 2127 of 7162
CAYMAS PHASE ONE
LOCATION MAP
Page 2128 of 7162
EXCAVATION PERFORIVIANCE AGREEMENT
THIS EXCAVATION PERFORIIANCE AGREEMENI entered into this 15th d ay olAuEustl2022 belween SD SAN l\rARlNO, LLC, a Florida limited liability company,
hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County,
Florida, hereinafter refer.ed 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. PL20220004687 (lhe
"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 hereo0 in the amount of $735,293.'15.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the time required by the Excavation Regutations and
Excavation Permit, Collier County, may call upon the excavation pedormance
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 l\ranager or designee for compliance with
the Excavation Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notiflcation 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 l\ranager's approval of the Excavation Work.
1
2
3
5
6 ln the event Developer shall fail or neglect to fulfill its obligations under thrs
Agreement, upon certification of such failure, the County Manager or designee
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance ofthe 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
4.
Page 2129 of 7162
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
bindlng 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 15 day of August' 2022.
SIGNED IN THE PRESENCE OF:
SD SAN [,4ARINO. LLC
Sign a Florida limited liabi company
Printed Name 'eith Gel , Vice President
Sign Evidence of Signing Authority attached
hereto as Exhibit "B".
Z/tazf S ->,1-<-t-,
Printed Name
BOARD OF COUNTY COI\,4IVISSIONERS
OF COLLIER COU , FLORIDA
By
otze Jalne Cook,Dtrecto?,
as designee of the County Manager
pursuant to Resolution No. 2015-162
ved S d legality
ek ry
7
Ass jstant County Attorney
Page 2130 of 7162
Exhibit tt A"
Performance Security
Page 2131 of 7162
Bond No. L1CX1214763
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
SD San Marino, LLC
2639 Professional Circle, Suite 101
Naples, FL 34119
(hereinafter referred to as "Owner") and
Lexon Insurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
615-5s3-9s00
(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 Seven Hundred Thirty Five
Thousand Two Hundred Ninety Three and 1 5/100 Dollars ($735293J5) 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.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain excavation permit no. PL2A2200A4687, 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 untilthe date
of completion of the work and approval by the County of the specific improvements described
in the Land Development Regulations (hereinafterthe "Guaranty Period") or until replaced by
a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shallwell, trulyand 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, 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 im provements.
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
[2r-Ers-0119e/r64soe2/t) Page 1 of 3
Page 2132 of 7162
Bond No. 11CX1214763
referring to this Bond, or other documents shall include any alteration, addition or modification
of any characte r whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this '1 2th day of August, 2022.
Witnesses:Owner:
SD San Marino, LLC
Signatu re
a o"l--By
Print Name eith G er, Vice Presid ent6. fr?r.'(Provide Proper Evidence of Authority)
Evidence of Signing
hereto as Exhibit "8".
Authority attachedsignaturel/
---\/ ./l,f{) fur1611'1
The foregoing instrument wasgcknowledged before me by means of!,physical presence or
o online notarization, this /5 day of August 2022, by Keith Geld6r as Vice President for
SD San Marino, LLC, who{is personally known or o has produced
rdentrtrcatro n-
t*iG;;7
STATE OF FLORIDA
COUNTY OF COLLIER
[sig na re of Notary Publicl
frc
[printed name of Notary Public]
N ota rial Acknowledgement
lthe Notary Public's official seall
AS
*L
JUDIIII I{ SEALE
Notffy Aibltc - St te of Florjdr
Cofimlsrion # llH 046417
Co.nm, &piree 5€p 28, 202,t
hroLrgh N.tlon.l Notary tuir.Booded t
[2 t-EI5-04499/t645092/l]Page 2 of 3
Page 2133 of 7162
Bond No. L1CX1214763
Witnesses:Surety:
Lexon lnsurance Company
Amy Smith
Print Name
fi,6^
4J^A 4.*,^lr, -\
Susa n Ritter, Attorney-i n-Fact
(Provide Proper Evidence of Author.ihT)
J5rgnature a
Kelsy Hoagland
Print Name
Nota rial Acknowledgement
STATE OF Kentucky
COUNTY OF lefferson
The foregoing instrument was acknowledged before me by means of physical presence
this 12th day of August,2022, by Susan Ritter as Attorney-in-Fact for Lexon lnsurance Company -
who is personally known to me
[signature of Notary Public]
[the Notary Public's offi
Theresa Pickerrell
By:
="i
[printed name of Notary Public]Theresa Pickerrell
NOTARY PUBLIC
STATE AT LARGE, KENTUCI$
lD # 633720
MY COMMISSION EXPTRES ocT. 26,20t3
[2 I -EIS-04499/l 6450921 t)Page 3 of 3
Page 2134 of 7162
INSURANCE
SOMPO INTERNATIONAL
POWER OF ATTORNEY
11078
KNOW ALL BY THESE PRESENTS, that Endurance Assu€nce Corpo.ation, a Delaware corporatron Endurance American lnsurance Company, a Delaware
corporation, Lexon lnsurance Company, a Texas coDoration, ancuor Bond Saf€guard lnsurance Company, a South Dakota corporation, each a "Company' and
collectively 'Sompo lntornational " do hereby constitute and appoint Brook T. Smith, Raymond M. Hundley, Jason D. C,omv/Ell, James H. Martin, Ba.bara Duncan,
MarkA Guidry, Jill Kemp, LynnetG Long, Any Smith, Debo6h Noichta., The.osa Pickerell, Beth Frymi.e, Leigh Mcca(hy, Michael Dix, Susan Ritte( Ryan gritt Kelsy
Hoagland as true and lawful Attorney(s)-ln-Fact to make, execute, seal, and deliver lor, and on its behalf as surety or co-surety; bonds and undertakings given for any and
provided, however, that no single bond or undertakrng so made, executed and delivered shallobligate the Company for any po(ion ofthe penal sum thereof in excess of he
sum ofONE HUNDRED l'rlLLlON Dollars (ttfi),0m,000.00).
Such bonds and undenakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be brnding upon the Company as fully and to the same erlent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary
Thrs apporntrnent is made under and by authoaity of c€rtiain resolutrons adopted by the sole shareholder of eadr Company by unanimous wntten consent effective the 15rh
day ofJune 2019, a copy ofwhich appears belo^/ underthe heading entitled 'Certificate'.
This Power of Attorney is signed and sealed by bcsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effeclive the 15rh day of June, 2019 and said resolution has not since been revoked, amended or repealed
RESOLVED, that the signature ofan individualnamed above and the sealol the Company may be affrxed to any suci porer of attorney or any certificate relating thereto
by facsimile, and eny such power of attomey or certificate bearing such bcsimile signature or sealshall be valid and binding upon the Company in the future with respecl
to any bond or undertaking to which it is attached.
lN WTNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15s day of
June,2019
Endurance Assurance Coaporatioo
.r7r,/-.,; :/)' ;ih'(
,;{,
Richard Appeliilf.a.Sf nior couns6l Rlchard
fif";;tr'3'ii,.4-1. 2ooz i8i
ieJ .oonw^RE,. so r:'t*"."::."-,'"'
On this 156 day of June, 2019, before me, personal
Bond S.legu.rd,,1 lnqu.aqce^Cpnpatx
,",{rAJ'iitQ^*
Ricfard AppelisvPt S.nio/€ou
.c"Ifl'*9t:,,
.ji,",
' ."t'* 4",-it. oA(or .U-:j d. rNsuR NcE ,sa!4. CaMPANY,ty-iq% .. _. ;+r
"%"-
-, .","'""
mnce Company -tAAttL
n
as
S
I Lt;.
ii6","."r n3el
ofthe Companies; and that he execuled said instrument on behalf of each Company by authority of his der of each
sav that he^lEt l{'Atloffcer
C6rnpanv-S' i':. ^"9'',-
...'lrn,,l..
ly came the above signatories known to me, who being duly swom did and
By
ot each
CERTIFICATE
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that
1. That the original po/l/er of attorney ofwhich the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modtfed.
that the undersigned has compared the foregorng copy thereof with the original power of attomey, and that the same is a true and correct copy of the original power of
a(omey and of the whole thereot
2. The following are resolutions whrch were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modifed:
'RESOLVED, that each ofthe individuals named below is authorized to make, execute, sealand deliver br and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co-surety with others: RICHARD M APPEL, BRIAN J BEGGS CHRTSTOPHER DONELAN. SHARON L. StMS
CHRISTOPHER L. SPARRO, T,IIARIANNE L l/vlLBERT
; and be it further
RESOLVED, that each of the individuals named above is autho zed to appoint attorneys-in-fact for the purpose of making, executing, sealir€ and delvaring bqnds,
undertakings or obligations in surety or co-surety forand on behalfofthe Company'
3 The undersigrEd further certifies that the above resolutions a€ true and @rrect copjes ot the resotuttons
lN WTNESS y*IEREOF, I have hereunto set my hand and affixed the corporae sea tfris --..lflOay of Whotet''eteG
aylor,blic IVy Commisson E pires 5/9123-s
'"?n*{''
d
2a
By .f
NOr|CET U. S. TREASURY DEPARTMET{TS OFFTCE OF FORETC ASSETS COI{TROL TOFAC) -,_ ... "
possiUe impacl on your sureiy coverage due to direcrives issued by OFAC. pte.le read tt|is t{o ce carefuly.
on lhe Uniled Stalos Treasurys wehite - hnos //ww rreasurv oov/resource center/sanctiorS/SON,Lisl
aulhorizalion trom OFAC Oher limitAions on lhe prcmiums and paymenls may atso appty
SEAL
Any roproducdons are void.
Sur.ty Ctatm. Submbsion: LeronCtatmAdmint.t .tjon@somoo-inU.coln
T.fephono: 815-553-93)0 M.rrrng Addres!: sompo tnternr onat; t2890 Leb.non Ro.d; ountJuIeL TN 37122-2a7o
Endurance American I
ACKNOWLEDGEMENT
1996
Page 2135 of 7162
Exhibit lt B ,t
Evidence of Signing Authority
Page 2136 of 7162
F3'r
sT-.\'rEtl E.--t O[',1UTIIORITY
PursucN to scclion 605.0102( l). Fbrida Slotulcs. lhis linritcd liabilir], co,nprny sllb'lrils lhc lbllo\ving statcn)cnt oi'
rrtlrority:
SD SAN TH,\RINO. LLC.
IjIRS'l': Ihe nrorc of rhe limil.d liabiliry company is:
,\ FLORIDA LIfiIITED LI,lBLITY COIIIP^NY
SI:COND: Thc Floridi DocnrncDt Nunrbcr of thc Iirnitcd li!biliD, cornp3,1y is
1.t500016r596
'l lllRO: Thc st!'cet addrcss ofrhc limiled li3bilily cornpan)- s principaloflicc is
2639 PROTESStON/tl. CTRCLE
SUITE IOI
sut't E r0t
NAPLES. FI-ORIDA -].I I I9
IOUlltllr'lhisstatcmcnrofnuthoriryg|rntsoIsrtslinricrrionsofxulhorilyoo;rll pcrsons havirrg Ih!'srirt[s or
position ola pcrsorr ir ir aornponv. $hathcf uJ a rnlrllb('r, tritnsfcrcc, nl3n0gcr. ofliccr or othcr$isc or to r spc'cifit
,crsorr o thc followin.I:
N'h, crcquta an insllllncnl transfcrrilg rcal propcrry h.'ld io $c nlrnc ofthc conrp:rnv-
BRIAN K. STOCk lnd/or KEITH CELDf,R !nd/or JOHN t'ERRv3. (rr:llllad lo:
b. No ruthorits grantcd to
2. illry cutrr into orh!r rriIrsactjons o|l bchalfotl o[ othcrlvisc i!(r lbr or bird. lhc cornpru]
r. Grnotcd to I
ARIAN X. STOCK snd/or KEITH CELDER rod/or JOHN FERRY
b. No iulhorily graorcd ro:
')
./).)/-
'\ lo. Y.. !' :. .,-..<,:'..'. e(- '11 ,
B;xffiS[ffi r.' <' f ,rurlror.Ta ni,tsr,rt'.uN c
BRIATi K. STOCK
T)l)cd or l)rintcd nltne ofsicralurc
Filin8 f'cc: 5?5.00
Crrtilicd Cop\': S-10.00 (opliorrrll
CRIEI-13 (2/l.l)
NAPLES. TLORIDA 34I I9
Thc rriiliIg .rddrcss oflhc limitcd lirhilit], cornpaly's principrl oflitc is:
26]9 PROFESSTONAL CIRCLE
Page 2137 of 7162