Agenda 09/09/2025 Item #16A 8 (The Clerk of Courts to release a Performance Bond for Excavation PL20230018130 for work associated with Willow Run)9/9/2025
Item # 16.A.8
ID# 2025-2544
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $247,720, which was
posted as a guaranty for Excavation Permit Number PL20230018130 for work associated with Willow Run.
OBJECTIVE: To release a security that 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 Willow Run. The As-
Built lake cross-sections have been received, and the lakes were inspected on July 31, 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
$247,720. 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 683 of 2661
WILLOW RUN
LOCATION MAP
Page 684 of 2661
THIS E
y'.{ u,"lc
EXCAVATION PERFORMANCE AGREEMENT
, /+l
XCAVATION PERFORMANCE AGREEMENT entered into this T'
, 2029 between SD San Marino. LLC hereinafter referred to as "Oerretope
day of
r," and
as thethe Board of County Commissioners of Collier County, Florida, hereinafter referred to
"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 3.05.1 0 (collectively, the "Excavation
Regulations")i 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. pL20230018130 (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:
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 hereof) in the amount of $247.720.00
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 lvlanager 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 wnting 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 thts
Agreement, upon certification of such failure, the County lvlanager 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, 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
3
4
5
6
Page 1 of 2
Page 685 of 2661
construclion, 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 Develooer have
executed by their duly authorized representatives tnis 9 Oay of
ca th is
.t
Agreement
,20
to be
4_
7
SIGNED IN EP
Witness #1 Sig ture
Zo,r,,S*oso<--/
Witness #1 Printed Name
.,4/a.lu
Witness #2 Signature
itness #2 Pri ed Name
A oved as to form and legality
Derek D. Perry
Assistant County Attorney
&r
By:
k;h l&2, Vt.?wrtd.a\
Signer's Printed Name and Title
[Provide Proper Evidence of Authority]
AS TO BOARD:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Jai oo k, Director
lopment Review Division
as designee of the County [Vlanager
pursuant to Resolution No. 2015-162
OF
Page 2 of 2
AS TO DEVELOPER:
SD San Marino, LLC----------------,-4
Baz*.-
Page 686 of 2661
Exhibit "A"
Excavation Performance Security
Page 687 of 2661
Bond Number:800176488
PERFORIVANCE BOND F OR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
SD San Marino, LLc
2639 Professional Circle, Suite 101
Naples, FL 34119
(hereinafter referred to as "Owner") and
Atlantic Specialty lnsurance Company
605 Highway 169 North, Suite 800
Plymouth, MN 55441
7 8L-332-7 000
(hereinafter referred to as "Surety") are held and flrmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of two-hundred forty-seven thousand seven-hundred
twenty dollars ($247,720.00),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. PL20230018130 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 shallcommence on the date this Bond is executed
and shall continue untll 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 change of Ownership.
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 makang
good any default, then thas obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the saad Surety, for value received hereby, stipulates and agrees that no
change, extension of tame, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obljgataon on this Bond, and it does hereby waive notice 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 this Bond, and whether referring to this Bond, or other documents
shall include any alteration, addition or modafication of any character whatsoever.
[1s LDS 01664/1153600/1]
Page 688 of 2661
Bond Number: 800176488
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 22'd day of March, 2024.
Witness Owner:
Signatu re
SD San Marino, LLC
eith Gelde ice President
(Provide Proper Evidence of Authority)
-s,- L By
Print Name
ud-flrJhlr-
stenifre
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
NotarialAckn owledeement
suLE
The foregoing instrument was acknowledged before me by means of ( physical presence or
tr online notarization, r;ris 0,1 L day of fhu42o24, by Keith Gelder as Vice president for
SD San Marino, t-LC, who{is personally known or a has produced
ide ntification.
A,Atrlu n hfu,ir@
AS
re of Notary Pu blicl
f,vd"'?n lvl ,Vnrc
[the Notary Public's official seal]
[printed name of Notary Public]+**eii^{$irj
lrilj'
JUONH A sEi!.
ry Rrbli( -5tete ol Ftorida
Cornmis5ion t Ht 016417
Coflim. Erpl rP5 S€p 28, 2024
115 LDS 01664/1153600/11
Sonded through Nati onalNotaryA5jr
Page 689 of 2661
Bond Number: 800175488
Witnesses:Surety:
4llle#",
Signatu re
Melissa Ray
Print Name
By
Brook T. Smith, Attorney-in-Fact
(Provide Proper Evidence of Authority)
Amv Smith
Print Name
al Acknowl m
STATE OF Kentucky
COUNTY OF lefferso n
The foregoing instrument was acknowledged before me by means of physical presence
this 22nd day of lrilarch, 2024, by Brook T. Smith as Attorney-in-Fact for Atlantic Specialty
Insurance Company who is personally kn a!ry! ta rne.
lsignature of Notary Publicl
Atlantic Specia lty Insurance Company
..-$t'j'a*
z7- i(s,6
lthe Notary Public'3'oficiai Ee-gI '
'/l/llllrill''t'(rrq:nRi f
lprinted name of Notary Publicl
Susan Ritter
mriYnfIC
mElIumqrElllrr
lD , IYX?ac20trlc ast mrt rml IE
I1s LDS 01664/1153600/11
t {,/-"--
4--z
S furratu re
a
Page 690 of 2661
Power of Attorney
KNow ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE CoMPANY, a New York corporation with irs principal office in ptlnourh,
Minn€sota, does hereby conslilute and appoint: Brook T. Smith, James T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Deborah S.
Neichter, Michele D. Lacrosse, each individually if ther€ be more than one named, its true and lawful Artomey-in-Fact, to make, execure, seal and deliver, for and on its
under this aulhority shall exceed in amount the sum of: unlimitad and the execution of such bonds, recognizances, conrracrs of indemniry, and all orher wrirings obligator in
the nature thereof in puEuance of these presents, shall b€ as binding upon said Company as if they had been fully signed by an aurhorized officer of rhe Company and sealed
with the ComPany seal. This Power of A(omey is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLAI.I]C SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the PrEsident, any Senior Vice hesident or Vice-President (each an "Aulhorized O[fice/') may execure for and in behalfof the Company any and
all bonds, r€cognizances, conrac6 of indemnity, and all other writings obligatory in rhe nature ther€of, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Albrney-in-Fact to execute on behalf of the Company any and all such instrumenrs and ro affix rhe Company
seal thereto; and lhat the Authorized Office. may at any time remove any such A(omey ifl-Fact and revoke all power ad authoriry given lo any such A(orney-in-
Fact.
Resolvedi That the Attomey-in-Facl may be given full power and authority to execute for and in rhe nane and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obliSatory in the narure thereof, and any such instnrment execured by any such Atromey-in-Fad shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Artomey-in-Fact is hereby aurhorized to verify a;y affidavir
required to be aGched lo bonds, recognizances, contracls of indemnily, and all o(herwritings obligatory in rhe nature 6ereof.
[intac.t]
This power of attomey is siSned and sealed by facsimile under the authority of the following Resolution adopred by the Board of DirecroE of ATLANTIC SPECIAITY
INSURANCE COMPANY on the twenry-fifrh day of Seprember,20l2:
Resolved: Thal the signature of an Authorized Officer, the signature of lhe Secre6ry or the Assistant Secrerary, and the Company seal may be affixed by
facsimile lo any power of a(omey or lo any cenificate rElating thereto appointing an Attomey-in Facr for purposes only of execuiing and iealtng any bond,
undenaking, recognizance or other written obligation in the naturc ther€of, and any such signature and seal where so used, being hereby adopted by rhe Company
as fie oriEinal siSnalure of such officer and the original sealof the Company, to be valid and binding upon the Company with the same force and effect as rhough
manually affixed.
.s:i['it.l;:....Jr|- "e;'t
.-s"o" ,5ne0na2. ?1
i';' 'SEAL i" ii;Y 1s86 3j
7,'.,,."'.noli
""'II",,,;1..,.IS"'
on this twenly-seventh day of April, 2020, before me perconally came Paul J. Brehm, Sedor vice Presidem of ATLANTIC SPECIALTY INSURANCE COMPANY, ro me
personally known to be the individual and officer described in and who executed the preceding inslrumenr, and he acknowiedged the execution of the same, and beingby me
duly swom, thal he is the said officer o[ the Company aforesaid, and that the seal aftixed to the preceding insrrumem is the seal of said Company and rhar the said seai and rhe
signature as such officer was duly affixed and subscribed to the said insmlment by $e authority and at the direction of the Company.
41,*,/a/r
IN WTINESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPAI'IY has caused these prtsents to be signed by an Authorized Ofticer and the seal of the Company
to be affixed this twenry-seventh day of April, 2020.
By
STATE OF MINNESOTA
HENNEPIN COUNTY
This Powcr of Auorn€y expires
January 31, 2025
Paul J. Brehm, S€nior Vi€e Presid€nt
Norary Publi(
I, the undersi8ned, Secretary of ATLAN-IIC SPECIALTY INSURANCE CoMPANY, a New York Corporation, do hereby certify that rhe foregoin8 power of atomey is in full
force dnd has nor been revoked, and rhe resolurions set fo(h dbove are now jn force.
sisnedandseared. oor"a ?1!L a"y.t NVrilJ- . )4Ll
S
r'ql'(i /t
Plcnse dirrrr h.id verilirnrnrrr lo
Kara Barrow, Secretar]
.('-i
|.,
ALISON OYJAII TASH.IRO,I
}IOTARY PUBLIC . MIIESOTA
Hy Commlsalon ExPlre6
Jenuary 3t.2025
d:ZrE**-
i?i' S EAL" ,1
1986
Page 691 of 2661
EXHIBIT IIB''
Signing Authority
Page 692 of 2661
412124 . 6:59 AM Detail by Entity Name
fj,, i'! r-, i- -' !' !r, :.
DrvrsroN oF CoRPoRATroNs
#*.nl .
ogpj(Ocd-Olslalg / Dlvision of Corpelatiels / Search Records / Search bv Entitv Name /
Dehil by Entity Name
Florida Limited Liability Company
SD SAN MARINO, LLC
Filing lnformation
Document Number Ll5000161696
FEf/ElN Number 47-5189790
Date Filed 0912312015
State FL
Status ACTIVE
Last Event LC STMNT OFAUTHORITY 21
Event Date Filed 06rl,812021
Event Effective Date NONE
Principallkl![gs9
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119
Changed: 04/2812016
Mailing Address
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119
Changed: 0412812016
Registered Agent Name & Address
COLEI\ilAN, YOVANOVICH & KOESTER, PA.
4OO1 TAMIAMI TRL N #3OO
NAPLES, FL 34103.3556
Authorized Person(s) Oetail
Name & Address
Title N/GR
STOCK, BRIAN K
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119
Title VP
httpsr//search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SDSAN[,4. .. 112Page 693 of 2661
412124.6:59 AM Detail by Entity Name
FERRY JOHN
2639 PROFESSIONAL CIR #101
NAPLES, FL 341,19
Title VP
GELDER, KEITH
2639 PROFESSIONAL CIRCLE STE 101
NAPLES, FL 34119
Annual RepgE
Report Year
2021
2022
2023
Filed Date
04t0912021
o4t20t2022
04t1012023
Document lmageE
O4/10/2023 _ANNUAL REPORT
04/2012022 - ANNUAL REPORT
06/18/2021 - CORLCAUTH
04109/2021 ..ANNUAL REPORT
06/09/2020 _ ANNUAL REPORT
O4l25i2019 - ANNUAL REPORT
O4l11/2018 -ANNUAL REPORT
O4l25l2017 _ ANNgAL REPORT
O4l2€Il201 6 _ AN NUAL RE PORT
10/13/2015 - CORLCAUTH
View image in PDF format
Vew image in PDF lonl€t
Vlew image in PDF format
Vlew image in PDF format
V€w image in PDF tormal
Vew image in PDF formal
Vew lmage in PDF forrnal
Vew rmage rn PDF forrnat
View image in PDF format
Vew image in PDF format
09/23il2015 - Florida Limiled Liability View image m PDF lomat
httpsJ/search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrdeFSDSANM.. . 212Page 694 of 2661
EXH|Blr,C"
Opinion of Probable Cost
Page 695 of 2661
f\rrwer-l
Date:
Project:
Description:
Project #:
Prepared By
Checked By:
12/13/2023
Willow Run ICP CNSTR
Excavation Bond
946-203
GHT
JL
Boring No.Top of Rock Elev.Bottom of Rock Elev Excavated Rock Depth
B-1 -10 77.5
B2 8 -18.5 10.5
B3 5.5 -18.5 72
B-4 -7 .5 -71 9.5
B-5 -6 18.5 12.5
Average 77.2
Lake 8
Depth % ol Exc.
Total Lake Depth 5 LOO%
Sand Excavation 5.0 too%
Rock Excavation 0%
Note: Bond amounts are per Section 22-115 of the County Ordinances in Municode Oae:2023.12.13
1 3;34:49-05 00'
Jacquelyn M. Larocque, P.E
oatet L211312023
Florida Registration # 85247
coA #8636
E I e ct r o n ic S i g n ot u re Text
Jacquelyn M. Larocque State of Florida Professional Engineer, License No. 85247
This item has been digitally signed and sealed by Jacquelyn M. Larocque, P.E,, on
t2t13/2023
Printed copies qfthis document are not considered signed and sealed and the
signature must be verified on any electronic copies,
Existing Lake A1 Expansion
Depth Yo of Exc,
Total Lake Depth 19 too%
Sand Excavation 7.8 41%
Rock Excavation 77.2 59%
Excavation Bond Calculation
Lake
Linear Feet Cost Per Linear Foot Total Bond
AmountSandRockSandRock
Lake 8 588 0 s2o.oo s100.00 s11,760.00
Existing Lake Al
Expansion
t,443 2,O71 s2o.oo s100.00 s23s,950.00
Total 2,O37 2,O7r 5247 ,72O.OO
11,.2
u/
Page 696 of 2661