Agenda 08/12/2025 Item #16A11 (Performance Bond for work associated with Arthrex Commerce Park)8/12/2025
Item # 16.A.11
ID# 2025-2317
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $139,520 which was
posted as a guaranty for Excavation Permit Number PL20230015010 for work associated with Arthrex Commerce Park
Phase 2.
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 Arthrex Commerce
Park Phase 2. The As-Built lake cross sections have been received, and the lake was inspected on June 27, 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 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. - SAA
RECOMMENDATIONS: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$139,520. 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 318 of 3949
ARTHREX COMMERCE PARK PHASE 2
LOCATION MAP
Page 319 of 3949
-[\o'tr,,.b..
EXCAVATION PERFORlilANCE AGREEI,lENT
EXCAVATION PERFoRMANCE AGREEMENT entered into ttrls J4aq oay ot
, 2023 between Ave Maie leydaplncll hereinafter referred to as
THIS
"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 3.05.10 (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 will
comply with the Excavation Regulations and Excavation Permit No. PL20230015010 (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 hereoO in the amount of
$139,520.00.
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) 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 Manageds 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 right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
2
3
4
5
6
Page 320 of 3949
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 WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this Zf{^day of (V,filnber ,2023.
SIGNED IN THE PRESENCE OF Ave Maria Development, LLLP
By: Barron Collier Corporation, lt's Managing
7
Sign:#€
Printed Name Sa.bin.- E.l{-
frffE&P
ffiK
r
eellier-eeuneFFffia
legality
Derek D. Perry
Assistant County Attorney
Partner
Brian Goguen, Vice
(President, VP, or CEO)
Provide Proper Evidence of Authority)
OF , FLORIDA
By:
Cook, Director
Development Review Divisron
as designee of the County Manager
pursuant to Resolution No. 2015- 162
Sign: -0,lfu,al Jl*'t*l. aLi*
,Pri{ryltq n4. oLirx
Printed Name
BOARD OF COLTNTY COMMISSIONERS
Page 321 of 3949
EXHIBlT II gII
Performance Security
Page 322 of 3949
EXHIBIT "A"
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW AtL PERSONS BY THESE PRESENTS: that
Ave Maria Development, LLLP
2600 Golden Gate Parkway
Naples, Florida 34105
(hereinafter referred to as ''Owner',) and
Nationwide Mutual lnsurance Company
1100 Locust Street
Des Moines, lA 50391-2
(866).387.04s7
(hereinafter referred to as "surety") are held and firmly bound unto collier county, Ftorida, (hereinafter
referred to as "County'') in the total aggreg ate sum of One Hund Thirtv-Nine Thousand F ive Hundred
Twentv Dollars.(S139 ,520.00) in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. owner and surety are used for singular or plural, as the
context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the
Board a certain excavation Permit No. P[20230015O10 and that certain excavation permit shall include
specific improvements which are required by collier county ordinances and Resolutions (hereinafter
''Land Development Regulations"). This obligation of the surety shall commence on the date this Bond is
executed and shall continue until the date of completion of the work and approval by the County of the
specific improvements described in the Land Development Regulations (hereinafter the ,,Guaranty
Period'') or until replaced by a new bond in the event of a chanBe of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development ReBulations during the guaranty period established by the
County, and the owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the county from and atainst all costs and damages which it may suffer by reason of orn"r's
failure to do so, and shall reimburse and repay the county all outlay and expense which the county may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PRovlDED, FURTHER, that the said surety, for varue received hereby, stipurates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice ofany such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PRoVIDED FURTHER, that rt is expressry agreed that the Bond shafl be deemed amendedautomatically and immediately, without format and separate amendments hereto, so as to bind theowner and the surety to the full and faithful performance in accordance with the Land Development
Ir5-LDS-o1554/1153600/1]
Bond No. 7901079775
Page 323 of 3949
Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or
other documents shall include any alteration, addition or modification of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 28th day of November 2023.
WITNESSES:Ave Maria Development, LLLP
By: Barron Collier Corporation
It's ManaBing Partner
Print Name Pt u gtl^ M oLtAL By
Bria n Goguen, Vi sid e nt
(Provide Proper Evid ence of Authority)
Printed Name S-tir.^_ c.[-lq. '.
ACKNOWLEDGEMENT
STATE OF Florida
COUNTY OF Collier
Notary Public - State or F lrrri da.
4l
O )rr*ids.^Printed ame
WITNESSES
4l
Va*A.-.-
N atio e Mutual lnsur m
By:
Lauren Bradley
Emily Strassel
.i#k,
+'Wd:i
050ll0Avl0
loridaStatebli.PuNotar)
HH 20 16c
260ebcpiret
A5trfalion.lNBondedthrotrgh
EXHIBIT,,A,,
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
tr PHYSICAL PRESENCE OR tr ONLINE NOTARIZATION THIS ZSbAY OF November . 20-23-, BY Brian
Goguen AS Vice President OF Barron Collier Corporation WHO lS PERSONATLY KNOWN TO ME, OR HAS
PRODUCED
-
AS IDENTIFICATION.
Charity A. Moser, Attorney-ln-Fact
(Provide Proper Evidence of Authority)
[15-LDs-O1664/11s3600/11
Page 324 of 3949
EXHIBIT,,A,,
ACKNOWLEDGMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWTEDGED BEFORE ME BY MEANS OF ts PHYSICAL
PRESENCE OR tr ONLINE NOTARIZATION THIS 28th DAY OF November . 20J3, BY Charity A. Moser AS
Attorney-ln-Fact OF Nationwide Mutual lnsurance Compa
HAS PRODUCED AS IDENTIFICATION.
OR
Notary Public - State of (Llztnfr
Printed Name Elvss. Gloss
L4-EIS-O265O/7
(SEAL)
WHO IS NALLY KNOWN TO M
ELYSSAGLASS
mr @mtBslloN t HH 301767
AORES: A,$d 24, 2028
[1s LDS 01664/11s3600/1]
STATE OF_EleIidg
COUNTY OF Collier
Page 325 of 3949
0000053641Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual lnsurance Company, an Ohio corporation
hereinafter refened to severally as the "Company' and collectively as "the Companies" does hereby make, constitute and appoint:
CHARIry A MOSER; DOUGLAS E BAIRD;
each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
LTNLIMITED
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attomey pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessaryforthe validity ofany such documents."
This power of attomey is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of lnstruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
apEroilidtr6I6Ei'i{jns-truments, contracts, or other papers in connection with the operalion of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
lN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly aftested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vice President of Nationwide Mutual lnsurance Company
ACKNOWLEDGMENT
SEAL
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, betore me came the above-named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
5v9tiY Utmr
Stephanie Rubino McArthur
Notary Public, Stale of New York
No. 02MC62701 17
Qualiried in N6w York County
Commission ExDir€s October 1 9. 2024
7n6,{L
Notary Public
My Commi$ion Expir€s
GERTTFTCATE
oc'tober 1s 2024
l, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and conect copy of the original power of attomey issued
by the Company; that the resolution included therein is a true and conect transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of aftorney is still in full force and effect.
lN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 78*a.V ott{o emt4r , L0LX fiar.ro B. aV
Assistant Secretary
BDJ 1(08-21)00
right-hand corner. Contact us at 21 2-329-6900 il this document is void or if you have any questions.Page 326 of 3949
EXHIBIT IIB''
Signing Authority
Page 327 of 3949
DrvrsroN oF CoRPoRATToNS
I
/',,
ffiit/tyi.org
't1' ,'t'rlr i: lti
fl
' ,lt!'-/(t -'-i -':'lli-' .,
,:: ,::.. ] ..,. ,'j ,,f.i ., ,, ;.
DepadrnCl!_qf_Stale / Division of Corporations / Search Records / Search bv Entity Name /
Detail by Entity Name
Florida Profit Corporation
BARRON COLLIER CORPORATION
Filing lnformation
Document Number P03000070655
FEUEIN Number 20-0104023
Date Filed 0G12512003
State FL
Status ACTIVE
PrincipsLAlslrcss
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105-3227
Changed: 04/06/2005
Mailing Address
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105-3227
Changed: 0410612005
Registered Agent Name & Address
Sonalia, Jeffrey S
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105-3227
Name Chang ed: 0310212023
Add ress Changed : 04106 I 2005
Officer/Director Detai I
Name & Address
Title P/D
COLLIER, BARRON III
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105.3227
Title Director
Page 328 of 3949
SPROUL, KATHERINE G
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105-3227
Title VP/D
GABLE, R. BLAKESLEE
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105.3227
Title Director
VILLERE, LAIVAR G
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105-3227
'lltle Director
ALDEN. PHYLLIS G
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105-3227
'l"itle Director
KUNDE, CHELSEA
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105-3227
Title VP
GOGUEN, BRIAN
2600 GOLDEN GATE PARKWAY
NAPLES. Ft 34105-3227
'l-itle VP/S/T/RA
SONALIA, JEFF
2600 GOLDEN GATE PARKWAY
NAPLES, Ft 34105-3227
Title VP
GENSON, DAVID B
2600 GOLDEN GATE PARKWAY
NAPLES, Ft 34105-3227
Title VP
Qunell, Mary A
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105-3227
Page 329 of 3949
1214123,10:36 AM Detail by Entity Name
DrvrsroN or ConponartoNs
,#* tZ'i,ii'r?r;,',r,,,
#|)|)llii't;li|,tt'tt.'17!!'l1ll!,1.1.'it11l
p€tradlLenl-atslalg / Division of Corpelatlgls / Search_EeqArds / Search by Entitv Name /
Detail by Entity Name
Florida Limited Liability Company
AVE MARIA GAS STATION, LLC
Filing lnformation
Document Number L12000000805
FEI/EIN Number N/A
Date Filed 0110312012
Effective Date 0110312012
State FL
Status ACTIVE
Principallklc[css
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Mailing Address
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Registered Agent Name & Address
SONALIA, JEFFREY S
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105
Name Chang ed: 041 21 12023
Authorized Person(s) Detail
Name & Address
Title MGR
GABLE, R. BLAKESLEE
2600 GOLDEN GATE PARKWAY
NAPLES, FL 34105
Title MGR
GOGUEN, BRIAN
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105
Title MGR
1t2Page 330 of 3949
1214123, 10:36 AM Detail by Entity Name
SONALIA, JEFFREY S
2600 GOLDEN GATE PARKWAY
NAPLES, FL34105
Annual Repprtls
Report Year
2021
2022
2023
Filed Date
04t22t2021
04t28t2022
0412112023
Document lmages
O4l2112023 - ANNUAL REPORT
O4l28l2022 - ANNUAL REPORT
O4l22l2021 .. ANNUAL REPORT
06/2912020 .. ANNUAL REPORT
0412612019 .. ANNUAL REPORT
04i26/2018 -- ANNUAL REPORT
O4l19/20,17 . ANNUAL REPORT
04/2712016 .. ANNUAL REPORT
O4l28l2015 -. ANNUAL REPORT
O4l24l2014 - ANNUAL REPORT
O3/28l201 3 -. ANNUAL REPORT
01/03/2012 - Florida Limited Liability
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
Florida Department of State, Division of Corporations
https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResults?lnquiryType=EntityName&lnquiryDirectionType=ForuvardRecord&SearchTerm=Av... 212Page 331 of 3949
EXHIBIT,C'
Opinion of Probable Cost
Page 332 of 3949
PENINSUL
ENC IN EERI NC
Project: Arthrex Commerce Park Phase 2
Task: Excavation Bond Calculation
Prepared By: KD+
checked By:
Date: 9/1912023
Date:
Lake lD
Lake (Dw3K)
Description
Lake Bank Perimeter at Control Elev
Unit Price Unit quantity
s 20.00 LF 6,976
Total Lake Perimeter = 6,976
Performance Security Guarantee =
Amount
s 139,s20.00
s 139,s20.00
Notes:
1) This Opinion of Probable Cost (OPC) shall be used to secure a performance security for excavation per Ordinance
No.04-55.
2) The performance guarantee for excavation shall not be less than 525,000, nor more than S1,000,000 computed at a
rate of 520.00 for sand and S100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No. 04-
55.
3) Based on the soil borings from the Geotechnical Reports (Boring No. SB-12,2,3,4,5,6 &7), there was no rock
(Limestone) detected.
-....\I$l,t({%
:: r:j o. 60727 !. r ?
Digitally signed by David
J Hurst
Reason:This item has
been digitallysigned and
sealed by David J. Hurst
on the date adjacent to
the seal. Printed @pies
ofthis documentare not
considered signed and
sealed and the 5ignature
must be verified on any
electron ic copies.
Date:2023.09.20
1A.47 .42 -O4'OO'
SI
David J. Hurst, PE
FL License No. 60727
Certificate of Authorization No. 28275
Page 333 of 3949