Agenda 02/25/2025 Item #16A 6 (Release a Performance Bond in the amount of $65,020 - posted as a guarantee for Excavation Permit Number PL20230007679)2/25/2025
Item # 16.A.6
ID# 2025-311
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $65,020, which was
posted as a guarantee for Excavation Permit Number PL20230007679 for work associated with Greystar Multi -Family
Santa Barbara.
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 regarding it. The
Performance Bond was posted as security for an Excavation Permit associated with Greystar Multi -Family Santa
Barbara. The As -Built lake cross sections have been received, and the Development Review Division inspected the lakes
on January 21, 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 $65,020.
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 24 of 94
GREYSTAR MULTI-FAMILY
SANTA BARBARA
LOCATION MAP
Page 232 of 2568
EXCAVATION PERFORIVANCE AGREEI\,4ENT
THIS EXCAVATION PERFORwANCE AGREEIt4ENT entered into this
fr?<tc , 2011! between GS Naples Owner, LLC hereinafter referred to as
the Board of County Commissioners of Collier County, Florida, hereinafter referred
114 o,v o,
"Developer," and
to as the "Board".
WHEREAS, Developer has applied for an excavation permit in accordance with Section 22-106, el
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 ,"rr,* nf?;or.o*(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 $ 65,020.00 .
3. 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 ensure satisfactory completion of the Excavation
Work.
4. 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 Regulations.
5. The County lvlanager 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 lo 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.
6. ln the event Developer shall fail or neglect to fulfill its obligations under this Agreement, upon
certification of such failure, the County lzlanager 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 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.
Page 233 of 2568
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed
by their duly authorized representatives this lfllday of Afct t- -,207.3.
7. All of the terms, covenants and conditions herein contained are and shall be binding upon
Developer and the respective successors and assigns of Developer.
EXPAND
SIGNED IN THE PRESENCE OF:GS Naples Owner
?By:
Printed Name 5e13i"Ctur.q
rArtTESl':
€LE*K
Ey.
to form and
Dere kD.PcrrT
Assistant County Attorney
Lewis Stoneburner
Vice President
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COIINTY
By:
re
De
As Dcslgne
hrrsurnt t
Rcvtcw Dlvls t srcf the Ccunty MrnrrcrBcsolutlrn l[o, 20L5-L62
Printed name A u o{io rrJ I
e tt
e
a
(Ord. No. 15-44, S 3.N; Ord. No. 20-16 , S 3 M)
Page 234 of 2568
EXHIBIT II A''
Euc-+\/+Tl o^( Performa nce Security
Page 235 of 2568
b
(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 Sixtv Five Thousand Twenty and no/100
Dollars ($65 020.00 ) in lawful money of the United States, for the payment of which sum well
The Performance Bond for Excavation Work shall be substantially as follows
PERFORMANCE BOND FOR EXCAVATION WORK
Bond Number SUR0076746
KNOW ALL PERSONS BY THESE PRESENTS: thAt
GS Naples Owner, LLC
465 Meeting St. #500, Charleston, SC 29403
(hereinafter referred to as "Owner") and
Argonaut lnsurance Company
225 W. Washington, 24th Floor
Chicago lL 60606 (210) 321 - 8400
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and as-
signs, 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 permil no.d-?o23 d@tu&d that ce(ain 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 execuled and shall continue until the date of completion of the
work and approval by the County of the specific improvements described in the Land Development
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 wrth 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
improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, wilhout 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
Page 236 of 2568
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 WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 19th day of April , 2023
1 /\(,^
Printed Name 6ejro Cl uure
PrintedName Au sfi'n [rl/
STATE OF T U
EXPAND
WITNESSES:
COUNTY OF
[signature of Publicl
[the Notary Public's official seal]
Ctrr,'istre Kti-l-'1
tpnnted "ar"e of Notarp/ublicl
EXPAND
WITNESSES:
GS Naples Owner, LLC
Ana Pedrajo
Vice President
By:
Notarial Acknowledgement
Per Requirements of $ 1 17.05, Florida Statutes
The foregoing instrument was acknowledged before me by means of A.physical presence or r
online nolarizltion, this 25 day of tyLarl, by [name of person] as fiype of authority, e.g.
president or vice presidentl for flegal name of entity], who {is personally known or r has
produced [type of identification] as identification.
f>ror^r"td Cou,){-q Fcr Colllqf (ounh3
(Owner Name and Title if Corporation)
By:
C}IR|{}NEL. KIELTY
rY coilillsstoN # HH 18Si30
EORES: llovembe t 12, 202i
Bond.d fho Nob.y fublic Undersriters
Page 237 of 2568
Argonaut surance Company
Laura E. Sudduth, Attorney-ln-Fact
Notarial Acknowledgement
Per Requirements of $ 1 17.05, Florida Statutes
STATE OF Texas
COUNTY OFHarris
The foregoing instrument was acknowledged before me by means of x physical presence or r
online notarization, this April 19 day of 2023,by Laura E. Sudduth as Attorney-ln-Fact for
Argonaut lnsurance Company, who N is personally known or I has produced [type of identifica-
tionl n
Nota ry Publicl
[the Notary Public's official seal]
Mary Ann Garcia
[printed name of Notary Public]
(Ord. No. 15-44, S 3.N; Ord. No. 2'1-05, S 3.O)
MARYANN GARCIA
mrcoMtiltssloN a('lREs
08/fit2026
NOTARY lD: 107&45&7
Page 238 of 2568
Argonaut Insurance Company
Deliveries Only: 225 W. Washington,24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, T)(78246
POWER OF ATTORNEY
KNOWALLMENBYTIIFISEPRESENTS: ThattheArgonautlnsuranceConrpany,aCorporationdulyorganizedandexistingundc-rthelausofthr-State
oflllinois andhavingitsprincipal otllceintheCountyofCook. Illinois doesherebynominate,constituteandappoint:
Philip N. Bair. Jovcc A. Johnson. Jessica Richmond. Stephanie Gross. Tannis Mattson. Mary Ann Carcia. Mano E. Arzamendi. Laura [:. Su<]duth. Amanda
Turman-Avina. Barbara Norten, Teuta Luri. Jennre Goonie
Their true and lav'ful agent(s) and attorney(s)-in-fact, each in their separate capacity ifn.rore than one is named above, to make, execute. seal and tleliver fbr
and on its behalfas surety, and as its act and deed any and all bonds, contracts, agreements ofindemnity andotherundertakings in suretyship provided.
however, that the penal surn ofany one such instrulnent executed hereunder shall not exceed the sum of:
$97.s50.000.00
This Pouer ofAttomey is granted and is signed and sealed under and by the authority ofthe following Resolution adopted by the Board ofDirectors ol
Argonaut Insurancc ('ompany:
"RESOLVED, That the President, Senior Vice President, Vice President. Assistant Vice President, Secretary, Treasurer and each of them hereby is
authorized to execute pou'ers ofattorney, and such authority can be executed by use offacsimile signature, which may be attested or acknowledged by any
officer or attomey, ofthe Cornpany, qualifying the attorney or attomeys nanred in the given power ofattomey, to execute in behalfof. and acknowledge as
thc act and dccd ofthc Argonaut lusurancc Cornpany, all bond undcrtakings and contracts ofsurctyship, and to affix thc corporatc scal thcrcto."
IN WITNESS WHEREOF, Argonaut Insurance Clonrpany has caused its oflcial seal to be hereunto afllxed and these presents to be signed by its duly
authorized officer on the l9th day of November, 2021
& t JL=_SEAL by:1948 \
*Gary E. Crose , Presidelt
On this l9th day of November,2021 A.D., betbre me, a Notary Public of the State of Texas, in and fbr the County ol lIarris, duly commissioned and
qualified. came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the
preceding instrunlent, and he acknowledged the executiotr ofsame, and being by me duly sworn, deposed and said that he is the offlcer ofthe said Cornpany
aforesaid, and that the seal afTixed to the preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal and his signature as
officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said corporation, and that Resolution adopted by the
Board ofDirectors ofsaid Company, ref'erred to in the preceding instrument is now in force.
IN TESTIMONY WHEREOF, I have hereunto set nry hand, and afllxed my Official Seal at the Counry ol Harris, the day and year tirst above written
,rd*u"m rn.'nrlura
STATE OF TEXAS
COUNTYOFHARRIS SS:
(Notarv Public)
I,theundersignedOfficerofthe ArgonautlnsuranceCompany, lllinoisCorporation,doherebycertitythattheoriginal POWEROFATTORNEYofwhich
the fbregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company,66 s1.," 19th 6u,o, April 2023
Austin W. King , Secretary
KATHLEEN M MEEKS
NOTABY PL'BLIC
STA]'E OF TEXAS
MY COMM E\P. 07:15125
NoTAFlY rO 557!tO2-8
IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9I37
Argonaut Insurarrce Courpany
G--*-r+
Page 239 of 2568
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DEIAWARE, DO EEREBY @RTTFy "CS NAP&ES O']NER, I,LC" TS DULY FOEI',ED
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Aulhentication: 2050030627r44981 8300
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