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Agenda 04/08/2025 Item #16A 4 (Release a Performance Bond for work associated with Bentley Village)4/8/2025 Item # 16.A.4 ID# 2025-714 Executive Summary Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $29,000 which was posted as a guaranty for Excavation Permit Number PL20220003292 for work associated with Bentley Village – 64 Unit Multi-Family Buildings. OBJECTIVE: To release a Performance Bond 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 with respect to this security. The Performance Bond was posted as security for an Excavation Permit associated with Bentley Village—64 Unit Multi-Family Buildings. The As-Built lake cross-sections have been received, and the Development Review Division inspected the lakes on February 5, 2025. This item is consistent with Collier County strategic plan objective to operate an efficient and customer-focused permitting process. 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 $29,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon approval of this item, 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 982 of 5277 BENTLEY VILLAGE – 64UNIT MULTI- FAMILY BUILDINGS LOCATION MAP Page 983 of 5277 EXCAVATION PERFORIVANCE AGREEMENT TA MrrtT''EXCAVATION PERFORMANCE AGREEMENT entered into this day of M belween CC-NAPLES, lNC., a Delaware corporation d/b a Vi at Bentley nafter refened to as "Develope/') and the Board of County Commissioners of Collier County, nafter refened to as the "Board"). Village (h Flo rida (h frei erei 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 (collectlvely, the "Excavation Regulations"); and WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees and execute an Excavation Performance Security ment stating applicant will comply with the Excavation Regulations and Excavation Permit No Permit"). (the "Excavation NOW IHEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer ag rees to comply with the Excavation Regulations and the Excavation Permit (the "Excavation Work"). Developer herewith tendeB its excavation performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $29.000.00. 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. 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)notif y the Developer in writing of his refusal to approve the Excavation Work, therewith specifying those conditions which Develo per must fulfill in order to obtain the County Manage/s approval of the Excav at io n 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, pursuanl to public advertisement and receipt and acceptance of bids, the Excavation Work. The Oeveloper, as principal under the excavalion performance security, shall be liable to pay and to indemnify the Board, upo n co mpletio n of such co nstructio n, the final total cost to the Board thereof, including, but not limited to, 1 2 4 fp 6. Page 984 of 5277 7 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 2022 lN WITNESS WHEREOF, the Board and Developer haye cau executed by their duly authorized representatives this ?\d day sed this Aoreement to beor VA, t SIGN DIN SEN OF ness #'l Signature s *r2 Signature #2 Printed Name ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida Approved as to form and legality D. Peny Assistant County Attomey S ig nature rity By: Garv Smith. Vice President/Treasurer Printed Name/lltle Evidence of Signing Authority attached hereto as Exhibit "8". BOARD OF COUNTY COI\,41\i||SS|ONERS OF COLLIER COUNTY,F DA By J o irector, Development Review O ivision, as designee of the County i/anager p ursuant to Resolution No.20'15-162 CC-NAPLE By: tr"ffi,OV {\(1 Printedsne npPage 985 of 5277 Exhibit tt A" Performance Security Page 986 of 5277 Collier County Growth Management Division 2840 Harseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Eyhtb,l 'A Receipt Number: Transaction Number: Date Paid: Amount.Oue: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Descriotion Refundable Bonds cashier Name: Batch Number: Entered By: ?07297 87 06 2072-059776 06/14/2022 $29,000.00 Payment Method Check Reference Numbel PL24224003292 Alina Ha rris 1 1116 monroig_i Amount Paid $29,000.00 Check Number oo704291 $29,000.00 $0.00 CC Naples, Inc. DBA Bentley Village 701 Retreat Drive Naples, FL 34110 original Fee $ 29,00 0.00 Amount Paid $ 29,000,00 GL Account 131-000000-220113 Page 987 of 5277 lt ttExhibitB Evidence of Signing Authority Page 988 of 5277 2022 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P38368 Entity Name: CC-NAPLES, lNC. Current Principal Place of Business: 233 S. WACKER DR. SUITE 84OO cHtcAco, tL 60606 FILED Apr 24,2022 Secretary of State 6017480271CC Electronic Signature of Registered Agent Officer/Director Detail : Title EXEC CHAIRMAN, DIRECTOR Name POORMAN, J. KEVIN Address 233 S. WACKER DR. SUITE 84OO City-State-Zip: CHICAGO lL 60606 Gurrent Mailing Address: 233 S- WACKER DR. SUITE B4OO CHICAGO, IL 60606 US FEI Number: 36-3822569 Name and Address of Gurrent Registered Agent: Certificate of Status Desired: No THE PRENTICE HALL CORPORATION SYSTEM INC. 1201 HAYS ST. SUITE,105 TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Date City-State-Zip: DIRECTOR, TREAS., VP, ASST. SEC. SMITH, GARY 233 S. WACKER DR. SUITE 84OO cHtcAco tL 60606 City-State-Zip:City-State-Zip: PRES., DIRECTOR RICHARDSON, RANDAL J 233 S, WACKER DR. SUITE B4OO CHICAGO IL 60606 above, or on an aftachment with all other like empowered. SIGNATURE:TARA COPE SECRETARY 0412412022 Title Name Address Title Name Address SECRETARY COPE, TARA 233 S. WACKER DR. SUITE 84OO CHICAGO IL 60606 Title Name Address Electronic Signature of Signing Officer/Director Detail Date Page 989 of 5277 2022 FOREIGN LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# 433099 eritity Name: CLASSIC RESIDENCE MANAGEMENT LIMITED PARTNERSHIP Current Principal Place of Business: 233 S. WACKER DR. SUITE B4OO cHlcAGo, rL 60606 Current Mailing Address: 233 S. WACKER DR. SUITE 84OO CHICAGO, IL 60606 US FEI Number: 36-3558465 Name and Address of Current Registered Agent: FILED Apr 29, 2022 Secretary of State 2696633385CC Certificate of Status Desired: No THE PRENTICE.HALL CORPORATION SYSTEM, INC 1201 HAYS STREET SUITE 105 TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document# M04000002818 Name CRMI, LLC Address 233 S. WACKER DR. SUITE 84OO City-State-Zip: CHICAGO lL 60606 appears above, or on an attachment with all other like empowered, SIGNATURE:RANDAL J. RICHARDSON PRESIDENT 0412912022 Electronic Signature of Signing General Partner Detail Date Page 990 of 5277 t, AFFIDAVIT Ot. AUTHORIZATION l-oR PETII'loN NUMBERS(s) -Xf4r.!gulx'-{:::llHrl1yele.gJgl,g.!:,tttt,,3ugtI[l_."- Srlrt (print narno),95 V*cll$rldl6 (litlo, il applicoble) undcr oalh, 'f ho u{r;(cornpany.blo), svrear or aflimr thsl am lho (chooso one)thf,t: 1 . I have full oulhonly to secrrrc tho approval(s1 requested and lo irn;nse covenants and reslrrciions on lho referonced ptoperty as a rc$ull ol any acton approyed tly tho Counly in accordancs with lhis opplicalron and lho Lend Developrnenl Oodr:;2. All answers lo lha quoslions rn lhrs applicalron and any akolchos, dsla or olher supplemsnlsry malle, ottached herelo and lnad6 a part o, lhrs apphcalion oro honesl ond lruB:3 I have atrlhorizetl lhe slall ol Collier Counly lo enler upon lho properly during normal workiog hours lor lho purposo ol invesligahng artd evalualing the roquesl made lhrough thls applicalron. and lhal4. Tha pto;rorly vnll trq llanslerted, conveyod, sold Or suMrvided subiect to lhs condltions and rostricllons lmpo$ed by thB approved solion.5. WeJl authOrizeltlg,Yr/'J:!.yrIth'r.$q",.r!-lo scl ag our/my repr€seotauvd in Bny nralters rcAarding thie petilion including 'l lhrough 2 sbovo. 'NolBs . ll lho upplicanl s a corporalion, tlnn il $ usuolty oxeculecJ by lho coe,.prcs. or v. pms. ll lha opplicunl is il Linillstl Liuhility Company (L,L.C.) or Limilotl Compwry (L.C.), lhon lln docunnuls slroukl typically ba signed lry tho Conqony's'Managatg Msmbor'. ll lltcl altphcanl is a pwlnorchtp, lhon lyplrnlly o podnor Car, $rbn on heholl ol lho pudnorshilt., ll l/,o apphcanl ii o lnnihd pfirlnarcl,ip, tlton lho gonorct parlnor nrcrsl slgn nnd ba klonlitiotl os lhs "gonc,ral lturlnor' ol lho natned patlnorship. t ll lho ttlspliconl $ a uusl, lhon lhoy nusl includa lha lruslca's nanro and lhl nord.r 'ps lnrsloo'. " ln each lnslanco, lirsl dotormins lho applicanl's srarus, o,t., indivkhtal, co.lr,ornla, tntsl, padnorshp, and lhott u.ro llro ttpproprialo lomal lor lhal ownatship. Undor ponaltioo ol poriury, I doolaro thut I hrvo rrad tho loregolng Aflldavlt oI Aulhorhatlon and that tho factg stalsd ln it aro flulr $lgnnluro Dlte $TATE oF ll,t,tNDrri couNw o}-riIiE::._ 24th loegorng intUrtmrrrl wao odrnowlcged bolors day ol Attr{tt$t , _-,2o il , by (prtntod mo by mrun6 of l!| plryulcrl proeenrx or f] onlnu nolorrral$a lht6 ntrne 0l o,vnrlf ot qrtohliut)qA,rY i tnr^t,trnr.n of (:c rl r'trS llir: $uclr poruon(s) Notary lruhltc mu$l chc(r( opplrcalrlc box El Are personully kncnrn to mo I ttns prorluced a curcnt drlvers lirenso fJ l-las produccd lrisnlrlicolion I'lot.lly Stgrlntr,r0. ( t\orH'(r.l.0r,| Itil5s Itl:V J/{rro:o JESSICA DAY OFFICIAL SEAL Norory Publlc, Stots ol llllnol! My Commisslon Erplroo Morch 28 2 Page 991 of 5277