Agenda 08/26/2025 Item #16A 5 (Clerk of Courts to release a Performance Bond for an Excavation Permit for work associated with Winchester Lakes f/k/a Shaggy Cypress Mine) (2)8/26/2025
Item # 16.A.5
ID# 2025-2418
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $500,000, which was
posted as a guaranty for Excavation Permit Number PL20110001385 for work associated with Winchester Lakes (f/k/a
Shaggy Cypress Mine).
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively as guarantees
for developer commitments in accordance with Section 22-115 of the Collier County Code of Ordinances. The work
associated with this security has been completed, 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 Winchester Lakes
(f/k/a Shaggy Cypress Mine). A final inspection was conducted on July 8, 2025, by the Development Review Division
to close out this excavation permit.
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. - SAA
RECOMMENDATIONS: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$500,000. 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
WINCHESTER LAKES
LOCATION MAP
COLLIER COUNTY LAND DEVELOPMENT CODE
Bond No. 08618504 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that •Winchester Lakes Corporation5590 Shirley Rd., Naple_s FL 3410_9 _ _ , (hereinafter referred to as
. �'Owner") and· Fidelity and Deposit Company of Maryland. 39 IO Keswi.ck Rd. ,Baltimore_ MD �1211 ·, (hereinafter referred to as "Surety") are held firmly bound
unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate
.sum of Five Hundred Thouynd and NgQOO Dollars (SS00,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind oW'Selves, 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 TI-ilS OBLIGATION is such that whereas, the Owner will
complete the requirements of excavation permit no. 59.648 for the project "Wincheste{'* Lakes Fill Pit pursuant to Collier County Ordinance No. 91�102, as amended (hereinafter
referred to as "Land Development Regulations"). This obligation of surety shall commence o�ec ember 14. 200land shall continue until released in writing by the
Development Services Director pursuant to the Land Development Regulation. ("The
Guaranty Period'') **aka "Big Island"
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations
and duties in accordance with the Land Development Regulations 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 against all
costs and damages which it may suffer by reason of Owner'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 fullforce and effect.
PROVID:E:D, FURTHER, that the .said Surety, for vcluc r¢0eivcd hereby stipuhi.tes imd
agree s that no change, extension of time, alteration, addition or deletion to the proposed
specific improvements shall in any way affect its obligation on the Bond, and it does hereby waive no tice of any such change, extension of time, alteration, addition or deletion
to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed
amended automatically and immediately, without formal and separate amendments
hereto, so as to bind the Owner and the Surety to the full and faithful performance in
accordance with the Land Development Regulations. The term "Amendment," wherever used in the Bond, and whether referring to this bond, or other documents shall include
any alteration, addition or modification of any character whatsoever.
Page 1
Bond No. 08618504
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
•to be Executed this 14 day of December, 2001� , , .. -,...-, .... . . ... ,.
State Of Florida
County OF ('pl\1U.
c),..,DY2,.,___Q
W�nchester Lakes Corporation
On this 14t�y December U2001 before me, the undersigned authority,
personally appeared ::JQsgph D. �cs$ 1lL , to me known to be the
individual described in and who executed the foregoing instrument as a member of the
firm of Winchester Lakes Corporatis{if applicable) and acknowledged the execution
of same, for and on behalf of and as the act and deed of said firm, for the uses and
purposes therein expressed.
WITNESS my hand and official seal the date aforesaid.
� • �� � (Signature of Notary Public -State of Florida) \f. (-::JoO!zttez. (Print, Type or Stamp Commissioned Name of
Notary Public)
Personally Known / or produced identification __ _
Type of identification produced _________ ( NOT ARV'S SEAL)
Page2
.
Bond No. 086 18504
Witness:
Witness:
T
Fidelity and Deposit Company of Maryland
s;L,. �c.;_ cL
Eileen C. He ard, . Attorney-in-Fact
And Licensed Florida Agent
;-1 ',. • State Of.� Florida
County Of Pinellas
On this 14th day of December, _ 2091, before me, the undersi gned authority,
personally appeared Eileen c. Heard , to me known to be the
individual described in and who executed the foregoing instrument as a member of the
firm of N / A .EW applicable) and acknowledged
the execution of same, for and on behalf of and as the act and deed of said firm, for the
uses and purposes therein expressed.
WITNESS my hand and official seal the date aforesaid.
_____________ (Signature of Notary Public -State of Florida)
_________________ (Print, Type or Stamp Commissioned Name of
Notary Public)
Personally known x or produced identification __ _
Type of identification produced __________ (NOTARY'S SEAL)
Page 3
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation ofthe State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Kevin WOJTOWICZ, Peter A. THOMSON and Eileen C. HEA , all of Largo, Florida, EACH its true and
lawful agent and Attorney-in-Fact, to make, execute, seal an ·:ver, for, its behalf as surety, and as its act and deed:
any and all bonds and undertakings and the execution ots�:n bonds rtakings in pursuance of these presents, shall
be as binding upon said Company, as fully and amply .�,...,,.,.,-rposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the e in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behal vin WO CZ, dated July 8, 1998.
The said Assistant Secretary does hereby certify extract�on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is force. �
IN WITNESS WHEREOF, the said V���dent �istant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said F�TY A�WOSIT COMPANY OF MARYLAND, this 27th day of June,
A.O. 2001. � � � ATTEST,
�
c!f}$ FIDELllY AND DEPOSIT COMPANY OF MARYLAND
�
State of Maryland } County of Harford ss:
���� � a· By:
J G. Hamilton Assistant Secretary Paul C. Rogers Vice President
On this 27th day of June, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
POA-F 031-4315
Patricia A. Trombetti Notary Public
My Commission Expires: October 9, 2002
EXTRACT FF{OM BY-LAWS OF FIDELITY AND DEPOSIT COMPAN'\' OF MARYLAND "Article VI, Section 2. Th:• Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Pre·;idents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... a11d to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistaht Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Ar ticle VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the flDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVE D: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, th;s V day of '2c-,t« ,0122/
Assistant Secretary