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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 View image in PDF format View image in PDF format Vew image in PDF format V€w rmage in PDF formal Vlew maqe in PDF format Vrew rmage in PDF format View image in PDF fomat View image n PDF format View image in PDF format Vlew rmage in PDF formal Vrew rmage rn PDF format View image in PDF lormat View image in PDF frcmat l Vi€w image in PDF formal Vew mage in PDF formal View image in PDF format View image in PDF format View image in PDF format View image in PDF format Vlew imag6 in PDF format 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