Agenda 12/10/2024 Item #16A 7 (Authorize the Clerk of Courts to release a Performance Bond in the amount of $36,139.18 - for Excavation Permit Number PL202100021820)12/10/2024
Item # 16.A.7
ID# 2024-1904
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $36,139.18 which was
posted as a guaranty for Excavation Permit Number PL20210001820 for work associated with Altis at Santa Barbara.
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 Altis Santa Barbara.
The As-Built lake cross-sections have been received, and the Development Review Division inspected the lake on
October 29, 2024.
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
$36,139.18. 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 4106 of 10663
ALTIS SANTA BARBARA
LOCATION MAP
Page 4107 of 10663
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this '/ tL aay ol
.Dru- Z=f-, 20Zl, between Altman Development Companv. LLC hereinafter referred to as
"Developer," and the Board of County Commissioners of Collier County, Florada, 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. PL20210001820 (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").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereofl in the amount of $36,139.18
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 f\ilanager 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 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, 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
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3
4
5
6
Page 4108 of 10663
7
construction, the final total cost to the Board thereof, rncluding, 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 hav
executed by their duly authorized representatives lhis 7 day
e caus
ot Da
SIGN
Sign.
ED THE PRE CE OF
/1/,
Printed Name
ed th ement to be
c(r/)20,J/.
Altman Development Company, LLC
By J o
P res ,4ltman Development CompanV,
Provrde Proper Evidence of Authority
BOARD OF COUNl'Y COMMISSIONERS
OF COLLIER COUNTY. FLORIDA
Jaime Cook, Director, Development Review
Division, as designee of the County Manager
pursuant to Resolution No. 2015-162.
Sign(-\.ll f :"l.-s-rw r-t
S..za-. Dipnn<
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier County, F lorida
ed as an ality
De"ck D. Per"y
Assistant County Attorney
Ilv
D
t'/f-{rcfr
LLU,
Page 4109 of 10663
EXHIBIT IIA"
Erc.v.tr.r Performance Security
Page 4110 of 10663
rxh, b;1
RECEIPT OF PAYMENT
Payment Details:
Amount Paid:
change / Overage:
Contact:
FEE DETAILS:
Cashier Name:
Batch Number:
Entered By:
2022926329
2022-007399
oL/2s12022
$35,139.18
Payment Method
Check
Reference Number
PL20210001820
JenniferBarosh
10696
monroig_i
Amount Paid
$36,139.18
Check Number
2996
$36,139.18
$0,00
Altman Development Compnay, LLC
1515 S Federal Hwy
Boca Raton, FL 33432
Amount
Paid
$36,139.18
GL Account
131-000000-220113
Collier County
Growth Management Division
2800 Horseshoe Drlve N,
Naples, FL 34104
239-2s2-2400
Receipt Numberi
Transaction Number:
Date Paid:
Amount Due:
Fee Description
Refundable Bonds
Original
Eee
$36,139. 18
Page 4111 of 10663
E
1)r.1:1tz :" I
Pay: ****1*r*Thirty-six thousand
2995 S*****36,139.18January L9, 2022
ALTMAN DEVELOPMENT COMPANY LLC
1515 SOUTH FEOERAL HIGHWAY SUI1 E 3OO
BOCA RATON, FL 33432
thirty-nine doflars and 18 cents
CHECK NO. AMOUN1
one hundred
DAIE
PAY
IO IHE
ORD€R
OF
COLLIER COUNTY BOARD OT' COUNTY
COMMISSIONERS w
I
Page 4112 of 10663
EXHIBIT IIB''
Signing Authority
Page 4113 of 10663
The undersigned, being the sole Member and Manager of ALTMAN DEVELOPMENT
COMPANY, LLC (the "Company"), a Florida limited liability company, hereby adopt and give
their consent to the following preambles and resolutions which are being adopted as the actions
of the sole Member and Manager, as though taken at a duly constituted meeting and direct the
secretary of the Company to file this written consent with the minutes of the Company.
WHEREAS, this Consent Action is being signed by the sole Member and Manager .for
the election of officers.
NOW, THEREI'ORE, BE IT RESOLVED, that the following persons are hereby
elected by the Manager to serve as ofEcers of the Company in the respective capacities set forth
opposite their names until the next annual meeting or until their succ€ssors are elected and
qualified:
CEO/Chairman:
President:
Executive Vice President:
Executive Vice President:
Vice PresidenUCFO/Secretary :
Vice President:
Vice President:
Vice President:
Vice President:
Assistant Secretary:
Joel L. Altman
Jeffery Roberts
Seth Wise
Timothy A. Peterson
Rob Rabin
Lon Tabatchnick
Oliver Cima
Derek Lubsen
Andy Meran
Sue Fry
IN WITNESS WHEREOF, the undersigned have executed this Joinr Unanimous
Written Consent Action effective as of the day of October, 2021.
SOLE MEMBER AND MANAGER:
By:
Timothy A. Peterson, Executive
Vice President and Chief Operating
Officer
481l-2297-8558 v.2
JOINT UNANIMOUS WRITTIN CONSENT ACTION
OF TTIE SOLE MEMBERAND MANAGER OF
ALTMAN DEVELOPMENT COMPANY, LLC
THE ALTMAN COMPAMES, LLC,
a Florida limited liability companyw
Page 4114 of 10663
1126122 7:24 AM Detail by Entity Name
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Detail by Entity Name
Florida Limited Liability Company
ALTMAN DEVELOPIVIENT CO|\ilPANY LLC
Filing lnformation
Document Number L18000237786
FEUEIN Number 83-2236371
Date Fited 1011512018
State FL
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 1211012018
Event Effective Date NONE
Principd_l\&[css
1515 S FEDERAL HWY #3OO
BOCA RATON, FI33432
Mailing Address
'I515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Begistered Agent Name & Address
BCRA, LLC
1905 NW CORPORATE BLVD #310
BOCA RATON, FL 33431
Authorized Person(S) Detail
Name & Address
Title Manager
The Altman Companies, LLC
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title CEO, Chairman
Altman, Joel L
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ALTMAND....l/3Page 4115 of 10663
1126122,7:24 AM Detail by Entity Name
Title President
Roberts, Jeffery
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title Executive Vice President
Wise, Seth
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title Executive Vice President
Peterson, Timothy A
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title VP, CFO, Secretary
Rabin, Rob
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title VP
Barganier, Nat
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title VP
Lubsen, Derek
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title Assistant Secretary
Fry Susan
1515 S FEDERAL HWY #3OO
BOCA RATON, FL 33432
Title VP
Meran, Andrew
1515 S FEDERAL HVVY #3OO
BOCA RATON, FL 33432
Annual Repglg
Report Year Filed Date
https://search.sunbiz.org/lnquiry/Corporationsearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=ALTi/AND 213Page 4116 of 10663