Agenda 04/22/2025 Item #16A 34/22/2025
Item # 16.A.3
ID# 2025-838
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000, which was
posted as a guaranty for Excavation Permit Number PL20230005149, for work associated with Moorings Park at Grande
Lake Phase Two – Lake #7 Modifications.
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 with respect to this
security. The Performance Bond was posted as security for an Excavation Permit associated with Moorings Park at
Grande Lake Phase Two – Lake #7 Modifications. The As-Built lake cross-sections have been received, and the lake
was inspected on February 25, 2025, by the Development Review Division.
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 $25,000.
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 915 of 6355
MOORINGS PARK AT GRANDE LAKE
PHASE TWO – LAKE #7 MODIFICATIONS
LOCATION MAP
Page 916 of 6355
EXCAVATION PERFORMANCE AGREEMENT
, THIS E
./\ eu t
XCAVATION PERFORMANCE AGREEMENT entered into tnis C Oay of
, 2023 between LB NAPLES GRANDE. LLC 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 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.'lO (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 permit No. pL20230005149 (the
"Excavation Permit").
NOW THEREFORE, in consideration of the foregoing premises and mutual covenants
herernafter 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 hereoO in the amount of $25,000.00
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.
4
5
b
2
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 Manageis 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
may call upon the excavation performance security to secure satisfactory
completion, repair and maintenance of the Excavation Work The Board shall have
the iight to construct and maintain, or cause to be constructed or maintained,
pursu;nt to public advertisement and receipt and acceptance of bids, the
Page 917 of 6355
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.
executed by their duly authorized representatives this
lN WITNESS WHEREOF, the Board and Develo p:r have cau
day of
sedA this Agreement to be
7
SIGNED IN THE PRESENCE OF
,2023.
LB NAPLES GRANDE, LLC
By: London Bay Community lnvestments, LLC
Its: Manager
PF,'I
/2.'
Print 'oL
ame
A ro
Derek D. Perry
Assistant County Attorney
By
Mark D. Wilson, Manager
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By
J me Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
0uOtr
legality
ame:
Page 918 of 6355
Exhibit "A"
Excavation Performance Security
Page 919 of 6355
l^, h (t lt
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
20237077079
2023-032692
04/74/2023
$25,000,00
Payment Method
Check
Va nessa, McHen ry
1 1935
monroig_i
Amount Paid
$25,000.00
Check Number
1 636
$25,000.00
$0.00
LB NAPLES GRANDE
2210 Vanderbilt Beach Road
NAPLES, FL 34109
Reference Number
P120230005 149
Original
Fee
$25,000.00
Amount
Paid
$ 2 s,000.00
GL Account
131-000000 -220713
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
Page 920 of 6355
TO V€RIFY AUI}IENTICITY' SEE Rs/EBSE SIDE FOR DESCRTP11OX OF THE II S'CURTTY F€ATURES
LLc l,d"[{Florida Community Bank, N.A.
2325 Vandebilt Beach Rd
Naplcs, FL 34109
Authodzed Signature
DATE 04t10t2023
$ '*'25,000.00
0&1678/660 1636
LB NAPLES GRANDE,
2210 Vanderbilt Beach Rd
Suite 1300
Naoles FL 34109
(239)592-1400
Pay'ttt"t*t'*trtitt*r*r"**'*Twen$-five thousand dollars and no cgnts
Collier County Board of County
Commissioners
2800 North Horseshoe Drive
Naples, FL 34104
rIf,lrrffi
TO
THE
ORDER
OF t
Page 921 of 6355
Evidence of Authority
Page 922 of 6355
\
STATEMENTOF AUTHORITY
Pursuant to section 605.0302(l), Florida Statules, this limited liability company submits the follo*ing statement of
authority:
FIRST: The name of the limited liability company is:LB Naples Grande, LLC
SECOND: The Florida Documcnt Number of the limited liability company is;116000086468
THIRD: 'l'he srect address of the lamited liability compan)"s principaloffice is:
2210Vanderbilt Beach Road, Suite 1300
Naples, FL 34109
'l}te mailing addrcss of the limited liability compsny's principal office is:
2210Yanderbilt Beach Road, Suite 1300
Naples, FL 34109
FOURTH: l'his statement of authoiity grants or scts limitations of authority on all persons having the.statu.\ or
position of a pcrson in a company. whether as a member; transferec. manager. ofTicer or otherwisc or to a specific
person on the following:
l. May excoute an instrument transhrring real propcrty hcld in the namc
^. Granted,n, M"* D. Wilson, Stephen G. Wilson,
ofthe company,
--'-t'rfr
Fj'ft!
ara
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ny.
Lisa Van Dien
b. No authority granted to:
)May entcr into othcr transactions on bchalf ofl or othcru'ise act for or bind. thc ifompa
a. Granlcd to Mark D. Wilson, Stephen G. Wilson, r
Lisa Van Dien
b. No authority granted to:
Lisa Van Dien, Esq.
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Signature ot'authorized representalivb Typed or printed nante ofsignature
Filing Fee: 325.00
Certtfied Copy: $30.00 (optional)
cR:8138 (lll4)
Page 923 of 6355
ACTION BYWRITTEN CONSENT OF
TEE MANAGEROF
LBNAPLES GRANDE,LLC,
e Florida limited litbility compauy
The undersigned, being the sole manager of LB NAPLES GRANDE, LLC, a Florida
limited liability company (the "Company"), hereby consents in writing to the following actions:
R"ESOLVED, that, Stephen Wilson as Executive Vice President, and John Stamoulis,
as Vice President of Development, are each hereby individually authorized and directed to act
as the agent for the Company in lhe processing of all applications and permits, to furnish all
supplemental information required in support of any application or permit, and to perform any
requirement which may be necessary to procure any permit or authorization, all related to the
property located at 7548 Golden Gate Parkway, Naples, FL, known as Moorings Park at Grande
Lake.
IN WITNESS WHEREOF, the undersig-ned has executed this Action By Written
Consent, effective as ofthe date set forth below.
MANAGER:
LONDON BAY COMMUNITY
INVESTMENTS, LLC,
a Delaware limited liability company
By:rNDNt--
Mark D WilBon, Manager
Date: \\\'E\al
Page 924 of 6355
AFFIDAVIT OF AUTHORIZATION
FOR PETITION NUMBERS(S)
e, if
r or affirm
1 I have full authority to secure the approval(s) requested and to impose covenants and restrictions on
the referenced property as a result of any action approved by the County in accordance with this
application and the Land Development Code;
All answers to the questions in this application and any sketches, data or othsr supplementary matter
attached hereto and made a part of this application are honest and true;
I have authorized the staff of collier counly to enter upon the property during normal working hours
for the purpose of investigating and evaluating the requesl made through this aPplication; and that
The property will be lransferred, conveyed, sold or subdivided sub.iect to the conditions and
2
4
reslrictions imposed by the approved action
Wei I a UthOfiZe sraNTEc coNslJLTlNG sERvlcEs. lNc to act as our/my representative
in any matters regarding this petition including 1 through 2 above.
*Notes;
. ff the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres.
. lf the applicant is a Limited Liability Company (L.L.C.) or Limiled Company (L.C.), then the documents should
typically be signed by the Company's "Managing Mamber."
. lf the applicant is a pannership, than typically a PatTner can sign on behalf of the pattnership.
. lf the applicant is a limited padnership, then lhe general padner must sign and be identified as the "genaral
padner" of the named padnership.
. lf the applicant is a trust, then they musl include the trustoe's name and the words 'as trustee"-
. ln each instance, first d,termine the applicant's srarus, e.9., individual, corporate, trust, paftnership, and then
use the appropiate format tot that ownership.
Undor penalties of perjury, I d.clare that I have road th€ foregoing Affldavit of Authorlzatlon and thal
the fac{s stated in it are true.
311A12023
Sig natu ro Date
STATE OF FLORIOA
COUNTY OF COLLIER
The forsgoing instrument was acknowleged before me bymeans of Elphysical presence or f]online notarization this
10 dav of M..ch . 2Ol_, by (printed name of owner or qualifier)
Such person(s) Notary Public must check applicable box:
E Are personalty known to me
E Has produced a cunent drivers license
E Has produced as identification.
Notary Signature
Not.ry Public Stala ot floiida
A 'R6bbin coot
lEf,,fu I,&",,l?lJ1.IUll,:" "
cP\08-coA40rl5\155
R-f v 3i4l2020
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t,
under oath, that am the (choose one)
as
(company,tf
applicant that:
Page 925 of 6355
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Detail by Entity Hame
Fldda Umf.d Li$frty Conpery
LB NAFLES GRAND€, LLC
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ACIIVE
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2210 VAM)ERBE.T AEACH RD
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MPLES. FL 34109
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2210 VAITIOERBILT BEACH Rf}
t3{n
i.IAPLES, FL 34109
t.e{rl.nd /lglrt Im. a dr}$.
VAAI DIEN. USA
2210 VAM)ERBILT BEACH m}
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MPLES. FL 3illog
/luftortEd FaEo.(rlodal
tLmctAddr[3
fiil€ MGR
LONDON BAY COMlilttllTY E{VESTMENTS, LLC
2210 VATIIDERBILT BEACH RD, SUITE I3{tr
M,PLES. FL 34102
Trtlc Authori&d R€pr€r8fi lativ8
Page 926 of 6355