Agenda 02/25/2025 Item #16A 7 (Release a Performance Bond in the amount of $174,360 - Posted as a guarantee for Excavation Permit #PL20230015585 work associated with Vineyards County Club-North Golf Course Reservation)2/25/2025
Item # 16.A.7
ID# 2025-309
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $174,360, which was
posted as a guarantee for Excavation Permit Number PL20230015585 for work associated with the Vineyards Country
Club — North Golf Course Renovation.
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. The Performance
Bond was posted as security for an Excavation Permit associated with the Vineyards Country Club — Golf Course
Renovation. The As -Built lake cross sections have been received, and the lakes were inspected on January 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
$174,360. 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 25 of 94
VINEYARDS COUNTRY CLUB – NORTH
GOLF COURSE RENOVATION
LOCATION MAP
Page 246 of 2568
EXCAVATION PERFORIMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this llth day of
Januarv,2024 between Vinevards Gountry Club. lnc. 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 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 willcomply with the Excavation Regulations and Excavation Permit No.
PL20230015585 (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 hereoO in the amount of
$174,360.00.
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 Regulations.
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,
2
4.
The County lt/anager or designee shall, withjn 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.
6.
Page 247 of 2568
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.
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 1 1th day of Januarv, 2024.
7
SIGNED IN THE
Sion: i t- --it- (
PRE NCE
Amanda Voorhees
Printed Name
Tera Quinn
Printed Name
,q+f€SjF
ryaHe+(in=€fClE8K
E--
@Hffiy.fturrd6-
eda to d legality
Derek D. Perry
Assistant County Attorney
Vineyards Country Club, lnc.
By
Paul Malonson, COO
BOARD OF COUNTY COMMISSIONERS
OF CO LIER CO TY. FLORIDA
By
Jaime Cook- Director
Development Review Division
as designee ofthe County Manager
pursuant to Resolution No. 2015-162
"'n'q,,fr-o^-*
Page 248 of 2568
Exhibit "A"
Excavation Performance Security
(Cash Bond)
Page 249 of 2568
l=(.lf\t
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Descriotion
Refunda ble Bonds
Cashier Name:
Batch Number:
Entered By:
20247t65258
2024-O06928
0t/24/2024
$174,360.00
Pavment Method
Check
Reference Number
P120230015585
Amount Paid
$174,360.00
Check Number
640002
$ 174,360.00
$0.00
VINEYARDS COUNTRY CLUB INC
4OO VINEYARDS BLVD
NAPLES , FL 34119
Oriqinal
EEs
$ 174,360,00
Amount
Paid
$774,360.0
0
GL Account
131-000000-220113
Alicia. Rojas
t27 30
lvla ritza Fadhel
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
Page 250 of 2568
lt'\ ,' r.! f i
Vineyards Country Club lnc. l'r' t- I i 2\ I2'l First Foundation Bank Check No.
400 Vineyards Blvd., Naples FL 34119 3580 Pine Ridge Rd 64002phone 239-353_1SOO Naples FL 34109
DATE AMOUNT
1t17t2024 $174,360.00
PAY: One Hundred Seventy-Four Thousand Three Hundred Sixty Dollars and Zero Cents**r****'
a
(
j
TO THE ORDER OF:
Collier County Growth Management
2800 North Horsehoe Dr.
Naples, FL 34104
a
AT-IIHORIZED SIGNATI'Rli
E
Page 251 of 2568
EXHIBIT ,B"
Signing Authority
Page 252 of 2568
s
February 1,2024
Collier County Development Review Division
Attn: lvette Monroig
2800 Nortj Horseshoe Drive
Naples, FL. 34104
RE: Letter of Authorization
To Whom it May Concern
Please accept this letter of authorization permitting Paul Malonson, Vineyards Country Club's
General Manager/COo to represent the interests of Vineyards Country Club lnc. and sign any required
documents in connection with Permitting in Collier County.
Sincerely,
Michael Proca
Ch a irma n/Preside nt/Treasu re r
Vineyards Country Club lnc.
Vi
1
The foregoing instrument was pckn
online notarization, this 2sday
(Name of Person Acknowledging).
res ce!owled d before me by m eans of physical
of 2 024 , url
a rg
(Seal)-iii;q'.ii fii :.'i
',:;#;rT
').9f.11-r'
AT,iANOA g. VOORHEES
MY CO ttlsslotl # HH '10574i1
EXPIRE* JulY 29, 2024
Bmd.d IIYU llouv Public undsMi.
ccf
Print,ype or Stamp Name of Notary
Personally Xnown: XOR Produced ldentification: ,
Type of ldentification Produced
of Nota Public
STATE OF FLORIDA
couNTY oF ('a ll tt v-
t
VTNEtARDs CouNrny Crus
4oo MNEvenos Bour,rveno, Narr,rs, Fronroa 34r t9
(239) 353-t5oo. Fex (239) 353-58o8
Page 253 of 2568
1 t24t24 , 2..42 PM Detail by Entity Name
DtvtstoN oF CoRPoRATToNS
))!
Cr_,r-li':-'l'lUt
DCpjtDC!]L-OlSlelC / Olvision of CorpjlatigIs / Search Records / Search bv Entiw Name /
Detail by Entilr Name
Foreign Profit Corporation
VINEYARDS COUNTRY CLUB, INC.
Filing lnformation
Document Number F07000000908
FEUEIN Number 20-5950389
Date Filed 0211612007
State DE
Status ACTIVE
Last Event AMENDMENT
Event Date Filed 0810712023
Event Effective Date NONE
Principa!-l&&!Iess
4OO VINEYARDS BLVD
NAPLES, FL 34119
Mailing Address
4OO VINEYARDS BLVD
NAPLES, FL 34119
Changed: 0310712016
Begistered Agent Name & Address
Malonson, Paul
4OO VINEYARDS BLVD
NAPLES, FL 34119
Name Changed: 03107 12016
Address Changed: 03107 120 16
Off icer/Director Detail
Name & Address
Title CPT
PROCACCI, MICHAEL, JT,
75 VINEYARDS BOULEVARD
NAPLES, FL 34119
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrdeFVtNEyAR... j l3Page 254 of 2568
https://search-sunbi2.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=VlNEyAR... 213
1124124,2:42 PM Detail by Entity Name
Title D
PROCACCI, JOSEPH, III
243 VIA PERIGNON
NAPLES, FL 34'119
Title DVS
PROCACCI, MARIA
75 VINEYARDS BOULEVARO
NAPLES, FL 34119
Title Director
Brennon, Annette
4OO VINEYARDS BLVD
NAPLES. FL 34119
Annual Replits
Report Year
2021
2022
2023
Filed Date
02t02t2021
o2t09t2022
0310312023
Document lmagtg
08/0712023 - Am€ndment
03032023 -ANNUAL REPORT
O2'Og/2022 - ANNUAL REPORT
OZOZ2O21 - ANNUAL REPORT
04108/2020 _AMENDED ANNUAL REPORT
O,I/2012020 _ ANNUAL REPORT
(x/12y2019 _ANNUAL REPORT
O3T2Y2O18 _ANNUAL REPORT
OZO9/201 7 - ANNUAL REPORT
03/07/2016 - ANNUAL REPORT
O4/22O15.ANNUAL REPORT
06/30/2014 _ AMENDED ANNUAL REPORT
O4l1'2014 - ANNUAL REPORT
O3/28l2013 _ ANNUAL REPORT
O4/19/2012 - ANNUAL REPORT
O3/14/2011 - ANNUAL REPORT
03/11i2010 -ANNUAL REPORT
O4l2,U2009 - ANNUAL REPORT
O1/2312008 . ANNUAL REPORT
0Zl 6/2007 - Foreiglelglil
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Page 255 of 2568
EXHIBIT IIC"
Opinion of Probable Cost
Page 256 of 2568
FLYNN ENGINEERING SERVICES, P.A.
241 Commercial Blvd.
Lauderdale by the Sea, Fl 33308
PERFORMATiICE GI]RJANTEE CAICUI.ATION FOR COLIIER COUNTY EXCAVATION PERMIT
Project :
Estimate For
Vineyards Golf Club - North GC Renovation
Collier County
Project Number : 22-1725.00
Date : 10/0512023
Digitally signed by Dennis R Shultz
DN:c=US, o=Flynn Engineering Services P.A.,
dnQualifi er=Aol 4l 0D00000 1 7c2E1 I FE26000
0C362, cn=Dennis R Shultz
Date: 2023.1 0.05 1 0:47 i24 -O4',OO',
Dennis R Shultz
No.Existing Lake Identifi cation LF LF crost'COST
SAND ROCK SAND ROCK
I LAKE 15 471 0 $20.00 $ 100.00 $9,420.00
2 LAK.E 16 296 0 $20.00 s 100.00 $5.920.00
LAKE I64 923 0 s20.00 s 100.00 s | 8.460.00
4 LAKE 17 875 0 s20.00 s 100.00 s17.500.00
)LAKE 18 1449 0 $20.00 s100.00 s28.980.00
6 LAKE 19 748 0 $20.00 s100.00 s14,960.00
7 [-AKE 20 485 0 s20.00 s100.00 $9.700.00
8 LAKE 2I 6',76 0 s20.00 s r 00.00 $ 13.520.00
9 LAKE22 E04 0 $20.00 $ I 00.00 $ 16,080.00
IO LAKE 23 494 0 $20.00 $ 100.00 $9.880.00
lt LAKE 21 0 0 $20.00 $ 100.00 $0.00
t2 LAKE 25 412 0 $20.00 sr00.00 $8,240.00
l3 LAKE 26 t085 0 s20.00 s100.00 s21.700.00
SubTotal s171.360.00
S17,1.360.00-III
IIII II
THIS ITEM HAS BEIN DIGITALLY SIGNED
ANO SEALED BY DENNIS R- SHULTZ. P.E
0N Oct 05,2023
PRINTED COPIES OF THIS DOCUMENT ARE
NOT CONSIDERED SIGNED AND SEALED AND
THE SISNATURE MUST 8E VERIFIED ON ANY
ELECTRONIC COPIES
F.
t*
L
..' lao lalll
-*-
ETAIEOF J
Collicr Counw t-ake Bond Estimate \onh.xls Pagc I of I
TOTAL
BOND TOTAL
F
Page 257 of 2568