Agenda 03/11/2025 Item #16A11 (The Clerk of Courts to release a Performance Bond for EX- PL20220003203 – Sabal Golf Course Redesign)3/11/2025
Item # 16.A.11
ID# 2025-397
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $615,468, which was
posted as a guarantee for Excavation Permit Number PL20220003203 for work associated with Bonita Bay East Golf
Club – Sabal Golf Course Redesign.
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 Bonita Bay East Golf Club—Sabal
Golf Course Redesign. The Development Review Division received the As-Built lake cross-sections and inspected the
lakes on January 31, 2025.
This item is consistent with the Collier County strategic plan objective to operate an efficient and customer-focused
permitting process.
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
$615,468. 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 620 of 4027
BONITA BAY EAST GOLF CLUB
SABAL GOLF COURSE REDESIGN
LOCATION MAP
Page 621 of 4027
EXCAVATION PERFORMANCE AGREEMENT
^ , . THIS EXCAVATION PERFORIVIANCE AGREEMENT entered into 16;5 /3 Oay of
A-cril*t--, 2o?i!'belween Bonita Bay 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 Regulatjons 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. PL20220003203 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of
$_615,468_.
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.
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
miy 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,
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Page I of Z
Page 622 of 4027
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.
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.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized repres"nt"tir"" this /3 day of Oo&ti ,20-LL
SIGNED IN THE PRE OF Bonita Bay Club, lnc.
&tasco
By.
Pri Name €
Sign
AC
Printed Name l) tu,-tgrll. C fue PAr,rt.a
ATTEST:
-gqrsffitHffi€bER{+
ffiptroller
eo+fereo'ffiqryffie
d legality
Derek D. Perry
Assistant County AttorneY
Frederick D. Fung / CEO
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF ORIDA
By
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 20 I 5- 162
L of LPage
Page 623 of 4027
Exhibit tt A"
Performance Security
Page 624 of 4027
SvNovus ORIGINAL
lntemational Department. S00 Shades Creek Plo,y (35209). P.O. Box tlzl6. Birmingham, AL 35202 USA. SWFT: FICOUS44
IRREVOCABLE STANDBY LETTER OF CP.EDII NO
ISSUAI|CE DATE: 10/0 6 / 2022
ISSUER: SYNOVUS BANK
PLACE OF EXPIRY: OUR COUNTERS
DATE OF EXPIRY: t0/06/2023
t000217 4
APPLICAIII:
BONITA BAY CLUB, INC.
26660 COUNTRY CLUB DRIVE
BONITA SPRINGS, FL 34134
BENEFICIARY:
THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
C/O GROWTH MANAGEMENT DEPARTMENT
28OO NORTH HORSESHOE DRIVE
NAPLES, EL 34104
AtrrlOUt{E : $ 615, 4 68. 00
CREDII A\TAII.ABLE WITH: SYNOVUS BANK
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S
DRAFTS AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARYIS DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARYIS STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFY]NG THAT: ''BONITA BAY
CLUB, INC, HAS FAILED TO CONSTRUCT AND/OR MAINTA].N THE EXCAVATION
rMpRovEMENrs ASSocTATED wrrH ExcAVArroN pERMrr uo.tLl$)ilt$f1$ on
PRIOR TO THE DATE OF EXPIRY FINAL APPROVAL OF THE EXCAVATION HAS NOT
BEEN GRANTED BY COLLIER COUNTY AS REOUIRED BY COLLIER COUNTY ORDINANCES
AND RESOLUTIONS, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH A
SATISFACTORY ALTERNAT]VE PEREORMANCE SECURITY.''
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: ''DRAIIN T,NDER
SYNOVI,S BAI{K CREDIT NO. 1OOO2L74, DATED LO/06/2022." THE ORIGINAL LETTER
OF CREDIT AND ALL AMENDMENTS, IE ANY, MUST BE PRESENTED EOR PROPER
ENDORSEMENT. DRAET(S} }'AY BE PRESENTED WITHIN THE STATE OF FLORIDA AT
THE FOLLO9TING ADDRESS 2325 VANDERBILT BE.ACH ROAD, NAPLES, EL 34109,
ATTN: PATTI BYERS.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S
UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED,
AMENDED, OR AMPLIEIED BY REFERENCE TO ANY DOCUMENT, ]NSTRUMENT, OR
AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OE CREDIT
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAET (S) DRAWN UNDER AND IN
COMPLIANCE WITH THE TERMS OE THIS CREDIT WILL BE DULY HONORED BY ISSUER
]E PRESENTED WITH]N THE VALIDITY OF THIS CREDIT.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION
NO. 600.
ti Byers
AUTHORIZED SI
Page 1 of 1 Reference 10002174
Page 625 of 4027
SECRETARY'S CERTIFICATE
OF
SYNOVUS BANK
The undersigned. Mary Maurice Young. Secretary of Synovus Bank, a Ceorgia banking
corporation (the "Bank"), does hereby certi ly that Patricia Byers is the duly elecred. quatified
and serving Director, Middle Market Banking of the Bank. and as such. is duly authorizcd to
cxecute documents and instruments, and talie such further actions on behalfofthe Bank as shall
be necessary. appropriate or desirable-
Mary
Corporate Secretary
IN WITNESS WHEREOF, the undersigned has signed this Certificate as of the l0rr'day
of March. 2021.
Page 626 of 4027
Exhibit ttB"
Evidence of Signing Authority
Page 627 of 4027
2022 FLORIDA NOT FOR PROFIT CORPORATIONANNUAL REPORT
DOCU MENT# N09000004567
Entity Name: BONITA BAY CLUB, INC
Current Principal PIace of Business:
26660 COUNTRY CLUB DRIVE
BONITA SPRINGS, FL 34134
FILED
Jan 04, 2022
Secretary of State
5934046728CC
Current Mailing Address:
26660 COUNTRY CLUB DRIVE
BONITA SPRINGS, FL 34134 US
Certificate of Status Desired: No
CHEFFY, EDWARD
821 FIFTH AVENUE SOUTH
NAPLES, FL 34102 US
Tha above named ontity submits thls stalement tor lhe purpose of changing its registered office or registered agent, or both, in the Stata of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Officer/Director Detail :
Title DIRECTOR, SECRETARY
Name VERSCHUUREN, MARIE
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITASPRINGS FL 34134
Title DIRECTOR
Name DAUWALTER, JIM
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITA SPRINGS FL 34134
Title V
Name JANSON, PETER
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITA SPRINGS FL 34134
Title P
Name NUSSBAUM, PAUL
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITASPRINGS FL 34134
Date
Title DIRECTOR
Name FISSEL, PAUL
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITASPRINGS FL 34134
Title DIRECTOR
Name LIESMANN, MICHAEL
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITASPRINGS FL 34134
Title DIRECTOR
Name WATTON, RHONDA
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITA SPRINGS FL 34134
Title CEO
Name FUNG, FRED
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITASPRINGS FL 34134
Continues on page 2
above, or on an attachment with all other like empowered
SIGNATURE:FRED FUNG GM/cEo 0110412022
Electronic Signature of Signing Ofiicer/Director Detail Date
FEI Numberi 27-0155624
Name and Address of Current Registered Agent:
Page 628 of 4027
Officer/Director Detail Continued :
Title D
Name KlNZlE, FRANK
Address 26660 COUNTRY CLUB DRIVE
City-State-Zip: BONITA SPRINGS FL 34134
Title
Name
Address
City-State-Zip:
D
HARRINGTON, NOREEN
26660 COUNTRY CLUB DRIVE
BONITA SPRINGS FL 34134
Page 629 of 4027
Exhibit ttc"
Opinion of Probable Cost
Page 630 of 4027
Calculated by: Prasad Ganti
Date: 313112022
ENGINEER.S CALCULATION OF PERFORMANCE GUARANTEE FOR COLLIER COUNTY EXCAVATION PERMIT
Ca lculations
Reference: Section 22-tL5(al Code of Laws ond Ordinonces of Collier County, Florida
Performance Guarantee Requirements:
- No less than 525,000.00
- No greaterthan 51.000,000.00
- Amount per linear foot of lake bank is calculated as:
520.00 per linear foot for sand
5100.00 per linear foot for rock
Calculate weighted average for sand/rock:
Q-Grady Minor & Assocrates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
239-947-'1L44
Total Depth = 20 feet
Average Depth of Sand = 8 feet
Average Depth of Rock = 12 feet
Weighted Average Amount Per Linear Foot of Lake Bank =
( 20.00 X 8) + (100.00 X 12)
8.00 + 12.00
Lake Bank Amount per LF Amount of
Lakes 9,0s1 S68.oo s51s,468.00
TOTAL s61s,468.00
Engineer's Certification
The above calculations are computed on the basis of:
Project: BONITA BAY EAST GOLF CLUB
Job#: BBNSDPA
Control Elev = 11.76' and 12.26' NAVD
1. The Collier County Excavation Ordinance,
as codified in Section 22-LL5(al Code of Laws ond Ordinances of Collier County, Florido
2. Construction Plans for PL2O1OOOOI74]-
3. lnformation provided bythe Geotechnical Exploration Report
Digitally signed by
MichaelT. Herrera,
PE
Date: 2022.04.1 4
17:23:18 -04'00'
Michael T. Herrera, P.A.
Florida P.E. License No. 60110
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Page 631 of 4027