Agenda 01/14/2025 Item #16A 2 (Clerk of Courts to release a Performance Bond for EX-PL20200000344- Watercrest Hacienda Lakes)1/14/2025
Item # 16.A.2
ID# 2024-2233
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $43,680, which was
posted as a guaranty for Excavation Permit Number PL20200000344 for work associated with Watercrest at Hacienda
Lakes.
OBJECTIVE: To release a security that 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. The Performance
Bond was posted as security for an Excavation Permit associated with Watercrest at Hacienda Lakes. The As-Built lake
cross-sections have been received, and the Development Review Division inspected the lake on November 18, 2024.
FISCAL IMPACT: Performance Bond securities are held as a development guaranty 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 $43,680.
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 1505 of 6405
WATERCREST AT HACIENDA LAKES
LOCATION MAP
Page 1506 of 6405
DATE: June 22,2023
TO:Martha Vergara, BMR Senior Deputy Clerk
Clerk to the Board
FROM:lvette Monroig, Technician
Growth Management Department, Development Review
RE:Watercrest at Hacienda Lakes
Replacement Bond K41636130
EX-P120200000529
Attached please find replacement Excavation Bond No. K41535130 in the amount of S43,580.00 for
Watercrest at Hacienda Lakes. Please keep this original security until such time as the Board
authorizes its release, or an alternate security is provided by Land Development Services on behalf
of the developer.
lf you have any questions, please call Lucia Martin at 252-2279.
Attachment
MEMORANDUM
Page 1507 of 6405
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 19th day of May,
2023 between ESL Naples AL Owner LLC hereinafter referred to as "Developer," and the Board
of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
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. 20200000529 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $43,680.00.
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 with
the Excavation Regulatrons.
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
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
2
4
6
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
Page 1508 of 6405
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.
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this (9rtay of l\,t-,r-.r ,20,_43
SIGNED IN THE PRESENCE OF
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ESL NAPLES AL OWNER LLC,
a Delaware limited liability company
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l9l V NX Development Holdings LLC, a
Delaware limited liability company
Managing Member
NX SL Development Holdco LLC, a
Delaware limited liability company
Member and Manager
NexCore Development LLC, a
Delaware limited liability company
Managing Member
NexCore Real Estate LLC,a Delaware
lim company
berMem
panies LLC,a Delaware
liability company
MemberIts:
By
Printed Name
AT+ESF-
Assislunt County Attomcy
Robert Lawless
Chief Financial Officer
BOARD OF COUNTY
OFC
MMISSIONERS
LORIDA
Jai Cook,rector
lopment Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
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Page 1509 of 6405
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oF THE Boanp or DrnrcroRs oF NnxConr Colrpa.Nrns LLC
(Arronrr,rENT oF Orrrcrns)
Jurv 25,2022
The undersigned, being all of the Directors of NexCore Companies LLC, a Delaware
limited liability company (the "Company"), and, as Directors of the Company, having all of the
powers of the managers of the Company pursuant to the provisions of the Third Amended and
Restated Limited Liability Company Agreement of the Company dated June 2, 2020 (the
"Operating Agreement"), do hereby consent to, approve and adopt the following resolutions by
written consent in lieu of a meeting as of the date set forth above. Terms and expressions with
initial capital letters used but not otherwise def,rned herein shall have the meanings given them by
the Operating Agreement.
APPOINTMENT OF OFFICERS
WHEREAS, pursuant to Section 7.3 of the Operating Agreement, the officers of the
Company shall be elected by the Board of Directors.
NOW THEREFORE, BE IT RESOLVED, that the following persons are hereby elected
to the offices indicated next to their names to serve until their successors shall be duly elected,
unless he or she resigns, is removed from office or is otherwise disqualified from serving as an
officer of the Company, to take their respective offices immediately upon such appointment:
Office
Chief Executive Officer
Chief Development Officer
Chief Financial Offlcer
Chief Operating Officer
President
Secretary
Name
Gregory C. Venn
Todd H. Varney
Robert E. Lawless
Vincent Cozzi
Jarod N. Daddis
Robert E. Lawless
FURTHER RESOLVED, that the officers of the Company are, and each acting alone is.
hereby authorized to do and perfonn any and all such acts, including execution of any and all
documents and certificates, as such officers shall deem necessary or advisable, to carry out thc
purposes and intent of the forcgoing resolutions.
FURTHER RESOLVED, that any actions taken by such officers prior to the date of thc
foregoing rcsolutions adoptcd hereby that are within the authority conferred thereby are hereby
ratified. confinned and approved as the acts and deeds of the Company.
Page 1510 of 6405
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This action by unanimous written consent may be executed in one or more original or
electronically transmitted counterparts, all of which, when taken together, shall be one and the same
document. These resolutions shall be filed in the minute book of the Company.
DATED effective as of the date first above written.
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Page 1511 of 6405
Bond No K41636130
KNOW ALL PERSONS BY THESE PRESENTS: thAt
ESL NAPTES AL OWNER LLC,a Delaware limited liability company
1550 Market Street, Suite 200, Denver, CO 80202
(hereinafter referred to as "Owner") and
Federal lnsurance Company
2028 Hall's Mill Road, Whitehouse Station, NJ 08889, 215-649-1000
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggreg ate sum of Fortv Three Thousand Six Hundred Eiqhty andNo/100 Dollars ($ 43,680.00 ) in laMul mone y of the United States, for the
day ot May,2023 ESL NAPLES AL OWNER LLC, A Delaware Limited Liability Company
(Owner Name and Title if Corporation)
By'
Printed Name
this gth
PERFORMANCE BOND
FOR EXCAVATION WORK
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65.gicc r
Printed Name/Title Virce ** COezl
(Provide Proper Evidence of Authority) /t
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.ao)6o6osi,r, and that certain excavation permit shall include
specific improvemenls which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations"). This obligation ofthe Surety shall commence on the date this Bond is executed
and shall continue until the date of completion of the work and approval by the County of the specific
improvements described in the Land Oevelopment Regulations (hereinafter the "Guaranty Period") or until
replaced by a new bond in the event of a change of 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 incur in making
good any default, then this obligalion 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, extensron
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.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
WITNESSES:
6e5q $teinhor&t
Page 1512 of 6405
ACKNOWLEDGEMENT
STATE O f (-rZloLro<I.ro-
COUNry OF Sc rnrj € f
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
ffif envstcAl eRESENCE oR Eotrlrrue NorARtzATtoN THts qr ony oF lA,.La.v2o-:;- By (NAME oF ACKNowLEDGER) AS (TrrLE) oF (NArvlE 9p 6911paffitFno rs
PERSONALLY KNOWN TO ME, OR HAS PRODUCED \A.-ca,r S? r-F AS IDENTIFICATION.
Notary Public - State off o(oraJo
Printed
WITNESSES:
Federal lnsurance Company, Corporate Su
(Surety Name and Title if Corporation)
,l;rtfiA'JrA-o By
Nicholas Lattarulo
Printed Name
Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGMENT
STATE OF CoLoRADo
COUNTY OF DENVER
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFE puvstCAl PRESENCE OR l-l orultrur N9TARI7ATION THIS 3rd DAY OF Muv
,20_4_, BY Kelli E. Housworth, Attorney-in-Fact of Federal lnsurance Company WHO lS
PERSONALLY KNOWN TO ME,OR HAS pRODUCED nta AS IDENTIFICATION
Notary Public - State of Colorado
(sEAL)
Printed Name
1 4-ErS-02650/7
S U SA N J LA TTAR U L oNot(Y Publ c
Sta te of c o lo r ado
N o tary I D #'t 84 036642r1
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[ 1s-LDS-01664/11s3600/1]
Page 1513 of 6405
CHL'EE
Power of Attorney
Federal Insurance Company I Vigilant tnsurance Company I Paciflc Indemnity Company
Westchester Fire Insurance Company I ACE American Insurance Company
Ihow All by these Presents, that FEDERAL INSLIRANCE COMPANY, an lndiana corporation, VIGILAI{T INSIJRANCE COMPANY, a New York corporation, PACIFIC
INDEMNITY COMPANY, a wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPAf{Y corporations of the
CommonwealthofPennsylvania, doeachherebyconstituteandappoint Shaleen R. Lovitt and Angela R. Yanofsky of Phoenix, Arizona; John J. Browning,
Kelli E. Housworth, Susan J. Lattarulo, Sheita J. Montoya and Justin Tomlin of Denver, Colorado
each as their true and lawful Anomey-in-Fact to execute under such designation in their names and to affx their corporate seals to and deliver for and on their behalf as surety
thereon or otherwise, bonds and rurdertakings and other writings obligatory in the natue thereof (other than bail bonds) given or executed in the course of business, and any
instruments amending or altering the same, and consents to the modification or alteration ofany instrument referred to in said bonds or obligations.
IN WitnESS WhCTeof, said FEDERAL INSI,]RANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESIER FIRB TNSURANCE
COMPAIIY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 60 day ofNovember, 2019.
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STATE OF NEWJERSEY
CountyofHunterdon ss'
On this 6t day ofNovember, 2019, before me, a Notary Public ofNewJersey, pemonally came Dawn M. Chloros and Stephen M. Hiurey, to me known to be Assistant Secretary and
Vice PTesident, Tespectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPAM, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE
COMPAM and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power ofA$omey, and the said Dawn M. Chloros and Stephen M. Haney,
being by me duly swom, severally and each for herself urd himself did depose and say that they are A.ssistant Secretary and Vice President, respectively, ofFEDERAL INSURANCE
COMPANY, VIGII-ANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY ANd
know the corporate seals tlereof, that the seals afixed to the foregoing Power ofAttomey are such corporate seals and were thereto alfxed by authority of said Companies; and
that their signatures irs such ollicers were duly affixed and subscribed by like authority.
Notarial Seal IQ\THERINE J. AO€tJtu\R
NOTARY PUBLIC OF NEW JERSEY
No.2316845
ColmlssiF Exdr6 Juty 16. 2024
CERTIFICATION
Resolutions adopted by the Boards of Directors of FEDEF.{L INSURANCE COMPANY, VIGILANT INSURANCI COMPANY, and PACIFIC INDEMNITY COMPANIY on Awust 30, 2016;
WESTCHESTER FIRE INSURANCE COMPANY on December ll, 2OO6; and ACE AMERICAN INSURANCE COMPAI{Y on March 2O, 2OO9:
entered into in the ordinary coune of buins (@ch a "wrinetr Commitment"):
0) thch of the Chahman, the Prsident and rhe vice Presidents of the Company is hereby authorized to exeete any written Commitmetrt for and on behalfofthe Company, under the
seal of the Company or otheMise.
(2\ Dach duly appointed attomey-in-fact of the Company is hereby authorized to execute any Written Cpmmitment for and on behalf of the Company, under the seal of the Company or
otheMise, to the extent that such action is authorized by the gratrt ofpowem provided for in uch pereon's wittetr appointment as such aftortrey-in-fact.
(3) Each of the Chatma[ the President and the Vic Presidents of the Company is hereby authorized, for and on behalfofthe Company, to appoitrt in Miting any p€Non the attomey-
in"fact of rhe Company with full powff atrd authority to exmte, for atrd on behalf of the Company, under the wl of the Company or otheMis, such wrinen Comitments of the
Crmpany s may be sIEified iD such mitten appointment, which speciliction may be by general type or clas of Wilnen Commitments or by sp€cifi@tion of otre or more partiolar
Wrinen Commitments.
(4) fich ofthe Chairman, the Prsident and the Vice Presidents oftheCompanyisherebyauthorized,forandonbehalfoftheCompany,todelegateitrMitingroatryotherofcqofthe
Company the authority to execute, for atrd on behalf of the Company, under the Company's seal or otheMise, such Writtetr Commitmetrts ofthe Company as are specified in such
Minen delegation, which specilietion may be by general type or class of wriften Commitments or by specifiotion of one or more partiolar wrinen Commitments.
(5) The sigrBture ofany omcer or oths person exeuting any wrinen Commitment or appointment or delegation pumuant to this Resolution, and the sal ofthe Company, may be aftxed by
faGimile on such Wrinen Comitmeil or winetr appointmqt or delegatiotr.
the Company, and such Rsolution shall not limit or otheryise affqt the exercise ofany such power or authority otheNis validly granted or vested.'
I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPAI{Y, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE
INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPAI\ry (the "Companies") do hereby cerdry that
(i) the foregoing Resolutions adoptedbythe Board ofDirectors ofthe Companies are
(ii) the foregoing Power of Attomey is true, correct and in full force and effect
Given under my hand and seals of said Companies at whitehouse Station, NJ, this May
and in full force and effect,
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