Agenda 10/14/2025 Item #16A14 (Release of a Performance Bond posted as guarranty for Excavation Permit for work associated with Sandy Lane Assemblage) (2)10/14/2025
Item # 16.A.14
ID# 2025-2771
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $690,732, which was
posted as a guaranty for Excavation Permit Number PL20230015778 for work associated with Sandy Lane Assemblage.
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 the Sandy Lane
Assemblage. The As-Built lake cross-sections have been received, and the lakes were inspected on August 20, 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
$690,732. 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
SANDY LANE ASSEMBLAGE
LOCATION MAP
EXCAVATION PERFORI/ANCE AGREEMENT
THIS EXCAVATION PERFORIVIANCE AGREEIVENT entered into this 9th day of
November, 2023 between Naples Associates Vl, LLLP 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 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"); 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. PL20230015778 (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 hereofl in the amount of
$690.732.00.
ln the event of default by Developer or failure of Developer to complete the
Excavation Work within the tlme 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 lrilanager 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 [/anager's 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 lt/lanager 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,
4
6
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.
7. 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 9th day of November, 2023.
SIGNED IN THE PRESENCE OF
Sign.
Printed Name
Sign:
Printed Name sn\e .1 Sl-ata
FiffiESh
ffi
€€lffitrtry,-"loridE-
d 5 and legality:
Derek D. Perry
Assistant County Attorney
Naples Associates Vl, LLLP, a Florida limited
liability limited partnership
By: Naples Vl Corporation, a Florida
, its General Partner
By I
N.M a
BOARD OF COUNTY COMMISSIONERS
OF LORIDA
By:
Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 20 I 5- I 62
/
EXHIBIT II A''
Performance Security
PERFOR[/IANCE BOND
FOR EXCAVATION WORK
Bond No.:0255685
KNOW ALL PERSONS BY THESE PRESENTS: that
Naples Associates Vl, LLLP
1600 Sawgrass Corporate Parkway, #400
Sunrise, Florida 33323
(hereinafter referred to as "Owner") and
Berkley lnsurance Company
400 Mount Kemble Ave., Suite 3'10 N
l\4orristown, NJ 07960
(hereinafter referred to as "Surety") are held and farmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Six Hundred Ninety Thousand Seven Hundred Thirty
Two Dollars and Zero Cents ($690.732.00) in lawful money ofthe United States, forthe paymentofwhich
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. PL20230015778 and that certain excavation permit shall
include specific improvements which are required by Collier County Ordinances and Resolutions
(hereinafter "Land Development Regulations"). This obligation ofthe Surety shall commence on the date
this Bond is executed and shall continue until the date of completaon 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. Pursuant to
Code of Ordinances Section 22-1 15.
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 full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates 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 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 modification of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this gth day of November, 2023
WITNESSES:Naples Associates Vl, LLLP, a Florida limited liability
limited partnership
-..c A.--s--/ .rnlUffii \----q x...r+-
By: Naples Vl Corporation, a Florida
cor ats general partner\=- r
PRiM Qn*N.dlqr.q\ByED NAME:
ed
N. Maria [\Ienendez, Vice President
PRI NAME:
ACKNOWLEDG EIVIENT
STATE OF Florida
COUNTY OF Broward
who is personally known to me or who has produced
who did/did not take an oath.
The foreooino instrument was acknowledoed before me
online no'tarizatton this 4t day of {[${;bar , 2023. by
by means of {physi
frhn A"hrt
fl.,.*n
N. Maria Menendez
cal presence or E
as Vice President
as identification and
(SEAL)
of Naples Vl Corporation, a Florida corporation, the general partner of Naples Associates Vl,
LLLP, a Florida limited liability limited partnership, on behalf of said corporatron and partnership,
ota ry bt of
0e\tqtL
Printed Name
iffi JETFREY A SPEVT/CI(
corm[lonrl0lS6
EpLJIIrrAU
rltll!!tl
SGWITNESSES
Printed Name: Taylor Rosenhaus
0(
SURETY: Be lnsurance Com
rized Signature
Dale A. Belis
Printed Name
Attorney-ln-Fact and Florida Resident Agent
I
By
\--
Printed Name: Christian Collins
l 4-Els-02650i6
Title
ACKNOWLEDGMENT
STATE OF Florida
COUNTY OF PaIm Beach
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
ffi eHvsrcAl PRESENCE OR tl ONLINE NOTARTZATTON TH|S gth DAY OF November,2023, BY
Ge n. Betis AS Attorney-tn-Fact oF Berktey tnsurance Company wHo ls PERSO-NALLY KlrlowN To
ME,OR HAS PRODUCED OF N/A AS IDENTIFICATION
Notary Public - State of Florida
(sEAL)
Printed Name: \ACf,ttC \i<.)^t-
.,.:;X+.i*:cf<ar,
i+j.&^r.+
'r 9l+:-
KAILEE STONE
Notary Public - State of Florid.
Commission f HH i959ll
My Comm. Expires xov 9, 2025
EonCeC through National Notary As5n
EXHIBIT IIB"
Signing Authority
11h3/23.2:23 PM Detail by Entity Name
DtvlsroN oF CoRPoRATroNs
grfu\rg [)!Y$]o!t aJ
Cr-ti*r-t P,r\'l I rJ
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!!'t "ili ut! :'x!t? t4 i'hrtilt r-.i' tt!
Aep3d[ne0fgrcElS / Divislon of Coroorations / Search Records / Seelch_Ey-EDlivlgtre /
Detail by Entity Name
Florida Proflt Corporation
NAPLES VI CORPORATION
Filing lnformation
Document Numbet P20000054372
FEUEIN Number 85-2333265
Date Filed 0712212020
State FL
Status ACTIVE
Principa!.l\(&[esg
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Mailing Address
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Eegistered Agent Name I Addr6ss
HELFI\,4AN, STEVEN M, ESQ
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Offi cer/Director Detail
Name & Address
Title P
Ezratti, Misha J
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP, AS
Fant, Alan J.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP
httpsr/search.sunbiz.org/lnquiry/CorporationSearch/SearchResuttDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=NAPLES 1t2
11113123,2:23 PM Detail by Entity Name
Norwalk, Richard M.
,I600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP, T
Menendez, N. Maria
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title VP
Arkin, Richard A.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Title S
Helfman, Steven M.
1600 SAWGRASS CORPORATE PARKWAY SUITE 4OO
SUNRISE, FL 33323
Annual Repsdg
Report Year
2021
2022
2023
Filed Date
04t26t2021
03101t2022
04t11t2023
Document lmaggg
O4l1,I /2023 -. ANNUAL REPORT
O3/01/2022 -. ANNUAL REPORT
0412612021 -- ANNUAL REPORT
07/2212020 - Domestic Profit
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Florida Department of State, Division of Corporations
No. BI-492e-el
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The waming found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
organized and existing underthe laws ofthe State of Delaware, having its principal office in Greenwich, CT, has made, constituted
and appointed, and does by these presents make, constitute and appoint: Brett Rosenhous or Dale A. Belis of Acrisure, LLC dba
Nielson, Rosenhaus & Associates of Delroy Beach, FZ its true and lawful Attorney-in-Fact, to sign its name as surety only as
delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of
Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars
(U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected
officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:
RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board. Chief
Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
Secretary are hereby authorized to execute powers ofattorney authorizing and qualifying the attorney-in-fact named therein
to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the
corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such
attomey-in-fact and revoke any power ofattorney previously granted; and further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances,
or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the
manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power ofattorney or certification thereofauthorizing the execution and delivery ofany bond, undertaking, recognizance, or
other suretyship obligation ofthe Company; and such signature and seal when so used shall have the same force and effect as
though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any
person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have
ceased to be such at the time when such instruments shall be issued.
IN WTfNESS WHEREOF, ttre Compauy has
corporatc seal bersunto affixod this zStn day of
Atcst:
By&st...\1.
caused these pressnts sipod aud attested by its appropriate ofEccrs and its
2020
Iasurance
Executive Vicc President & Secreary
STATE OFCONNECTICUT )
) ss:
coT.NTYoFFAIRFIELD )
Swora to before me, a Notary hrblic in the Sar of Counecticug this zstn &y of
and Jcfrey lvt Haffcr who are swolrr to me to bc the Executive Vic€
respectively, ofBerkley I-nsrraocc Company. ryr!ffii["|
CON?,IECTrcUT
fr@r/t,rilSSlON EXflRE!
APHX-tn,@a
2o2o , by Ira S. Lederman
and Senior Vice Presideng
:4trtrA
Pubfic, State Connecticut
CERTIFICATE
I 6c undersigped,Assistmt Secrctary of BERI(LEY INSLIRANCE COMPANY, DO IIEREBY CERTIFY that the
Eue, correct aad comPletc coPY of the original Power of Attomey; tra said Power of Asorney bas not beeu
arnbority of the Attorncy-in-Fact set forth tberein, who exccutcd tle boud or
a
o
is in fulI forcc and effect as of this datc.
my hand and seal of the Compaoy, this 9th day of
a
$i',F,
Vinccnt P. Forte
to
ts
EXHIBIT'C'
Opinion of Probable Cost
ROBAU &ASSOCIATES
PERFORMANCE GUARANTEE CALCULATIONS
Project: Sandy Lane Assemblage
Estimated By: MAM
Checked By: MWD
Per Collier County - Code of Ordinances Sec. 22-ll5:
"$20 for sand and $100 for rock per foot of total lake bank perimeter to be excavated"
Three Lakes to be excavated: Lake #1, Lake #2,Lake #3 ,Lake #4,Lake #S,Lake #6, andLake #7
Proposed Lake depth :20 ft
Based on the Preliminary Geotechnical Report, subsurface conditions consist of approximately:
Sand: 20%
Rock: 80%
Aggregate Cost Per Foot: $84.00
Lake#l perimeter at control:
Lake#2 perimeter at control :
Lake#3 perimeter at control :
Lake#4 perimeter at control:
Lake#5 perimeter at control :
Lake#6 perimeter at control:
Lake#7 perimeter at control:
772 ft
1367 ft
1796 ft
774 ft
15s7 ft
10s6 ft
901 ft
TOTAL Lake perimeter: 8223 ft
Required Assurance Bond: Total Lake perimete X Aggregate Cost Per Foot
Required Assurance Bond: $ 6901732.00
Matthew W.
DeFrancesco
2023.10.11
09:30:00
-04'00'
This item has been electronicary signed and seared by Matthew w. DeFrancesco, professional Engineer Using a SHA Authentication code'
printed copies ofthis document are not considered signed and seared and the SHA Authentication code must be verified on any electronic copies'
9t29AM lOlrL/2O23 X:\Shared\P\021-00-003 Sandy Lane Assemblage\08-CC Prep\
No.8e640
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STATE Of