Agenda 10/28/2025 Item #16A 9 (Clerk of Courts to release the Performance Bond for work associated with the Kalea Bay Golf Course Lake Excavation)10/28/2025
Item # 16.A.9
ID# 2025-3691
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $220,720, which was
posted as a guaranty for Excavation Permit Numbers PL20230000535 and PL20240000986, for work associated with the
Kalea Bay Golf Course Lake Excavation.
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 Kalea Bay Golf
Course Lake Excavation. The As-Built lake cross-sections have been received, and the Development Review Division
inspected the lakes on September 19, 2025.
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. - CLD
RECOMMENDATIONS: To authorize the Clerk of Courts to release the Performance Bond in the amount of
$220,720. 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 1178 of 3380
KINSALE GOLF COURSE LAKE
EXCAVATION
LOCATION MAP
Page 1179 of 3380
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 'lb day ot
,IU W.20 74 between Lodge/Abbott lnvestments Associates LLC & Ki nsale Golf Club,
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 a/. of the Collier County Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to Section 3.05.10 (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. PL20230000535 &
20240000986 (the "Excavation Permits").
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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of g 220,72O.0O.
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 Manager'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 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, the
Excavation Work. The Developer, as principal under the excavation performance
2
3
4
o
Page 1180 of 3380
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 WTNESS WHEREOF, the Board and Developer have cau ed this Agreement to be
executed by their duly authorized representatives this 2/, day of 20L4
7
SIGNED IN THE PRESENCE OF
Witness 1:
Printed Name
Witness 2
Lodge/Abbott lnvestments Associates LLC
By
Name
Title.
Zu.r-u
?t-
Printed Name
ATTEST
Crystal K. Kinzel, CLERK
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Kinsale Club LLC
By
Z..L
-a//:-r-/-
(Provide Proper Evidence of Authority)
I]OARD OF COUN'TY COMMISSIONERS
OFC LL IER COUNTY. Ft,ORIDA
By
r
Name
Ti e:
J c Cook, Dircctor
Development Review Division
as designee ofthe County Manager
pursuant to Rcsolution No. 2015- 162
K:J:':il"Tr"'7
Derek D. Perry
Assistant County Attorney
ality
By.
Xe-*;
(Provide Proper Evidence of Authority)
(tlc-
Page 1181 of 3380
LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC
MANAGER CON SENT RESO LUTIONS
. THE UNDERSIGNED, Uej1,C l! Managers of Lodge/Abbott Investments Associates LLC, aMichigan Iimited liability company (the "company-,,), do hereb-y consent to the adoption of the followingresolutions:
RESOLVED, that the following persons are hereby elected as officers ofthe Company each to serve until theircu"".rro., are duly elected andqualified:
President:
Vice President:
Vice President:
Secretary:
Treasurer:
Yale Levin
Christopher O. Corden
Edward L. Schwartz
Derek Adolf
Richard T. Brockhaus
FURTHER RESOLVED, thar in addition to either Manager, any one ( I )of the offrcers of rhe Company are hereby authorized] ji."it"a onO
empowered for and on behalf ofthe Company to manage and control theCompany and its business and to make all decisions incidental therero,
f1pj.e9t to
_a1f poyer and authority which the Operating Agreemeni or theMichigan Limited Liability Company Act, bein[ Act N6. z3-, public Acrs ofI993, as it has been and may be amended fiom time to time vests in the
Members.
FURTHER RESOLVED, that the foregoing Resolutions are in conformitywith the Articles of Organization of tlie Company. The authority give;
hereunder shall be deemed, to lhe extent necesiary in order to
"u.ry ihes"
Resolutions into effect, retroactive. In that event, acts performed irior to
the adoption ofthese Resolutions but which are necessary or convenient forlhe carrying ofthese Resolutions into effect, are hereby ratified, adopted,
and affirmed. The authority confened by these Resolutions shall coniinuein full force and effect until actual written notice of revocation of these
Resolutions shall have been received by the appropriate party.
FURTI{ER RESOLVED, to facilitate execution, a copy of a signature
received to these Consent Resolutions or any document related hereto
through electronic means (including files in Adobe .pdfor similar format)
shall bind the party whose signature is so received, and shall be considered
for all purposes, as ifsuch signature were an original.
IN wITNEss WHEREOF, these Resorutions have been dury adopted effect ive lu*ary r,2oz3
Yal evtn
ward Schwartz
Mcwl-odg../Abbott Invcstmclts Associstcs - Manrgcr R.solulions/rc Elcction ofOf,iccrs - 2021
Page 1182 of 3380
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number lqlzSgllleffective Egblgeg_lzl?9?a issued by the
Western Suretv Companv in the amount of $144.600.00 on behalf of Elsale-.lQqll]qlqlLlll* as Principal and
in favor of ggllgllqggtrry-Elglid4as Obligee:
Now, Therefore, it is agreed that
TO: $220,720.00
FROM: $220,320.00
It rl uhdlr/tolt 0 qnll
(h[l'l lyX ytlgfi,tfttd
{laiu Ioralua0)t
o
uA finl
Vclv&a,
*rrL wrrYit wrnbu tx(
?Looa0oooooo6 ahd"Ps2p24c:ooo40r.ffiq
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged
This rider is to be effective the 30th day ol April,2024
Signed, sealed and dated this 30th day of April, 2024
Kinsale Golf Club L.L.C.
(Principal)
Western Surew Company
(Surety)
By
R,ctnazJ T"Br ,o ctlh^otr [,Michael , Attorney-in-Fact
Accepted By
Form F5340
The Contract Amount has INCREASED
-7
Page 1183 of 3380
M/estern Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN.FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its
principal office in the City ofSioux Falls, and State ofSouth Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make, constitute and appoint
Gus E Zervos, Stephen M Zervos, Angelo G Zervos, Donald Wayne Burden, Michael G Zervos, Stephanie A Dinco, Karen
Sue Guthrie, [ndividually
of Southfield, MI, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings
and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey,
pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attomey is made and executed pursuant to and by authority of the Authorizing By-Laws and Resolutions printed at the bottom of this page, duly
adopted, as indicated, by the shareholders ofthe corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on
this 26th day of March,2024.
WESTERN SURETY COMPANY
Larry Kasten, Vice President
State of South Dakota
County of Minnehaha
SS
l
J
On this 26th day of March, 2024, before me personally came Larry Kasten, to me knor.r"n, who, being by me duly swom, did depose and say: that he resides in the
City of Sioux Falls, State of South Dakota; that he is a Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he
knows the seal ofsaid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of
Directors ofsaid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed ofsaid corporation.
+qqqgqqqqqq6q6q6qcqqqqqq +
M. Bent, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certiry that the Power of Attomey hereinabove set forth is still in force, and
further certifu that the By-Law and Resolutions ofthe corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name
and affixed the seal of the said corporation this 30th day of Aprll, 2024.
WESTERN SURETY COMPANY
i"""'*il:";E*irT*"'*i
i@!31ffi'J^',,?;f @i n B"*f
Q".U^ $oeA"{rd
, r,,,., .. ,
Go to www.cnasurety.com > Ownei / Oniifiee Servie?J >'Vali*te Bond Coverage, if you want to verify bond authenticity.
Fo(mF428o$-2o23 ,t:li?
Paula Kolsrud, Assistant Secretary
Authorizing By-Laws and Resolutions
ADOPTED BY THE ST{AREHOLDERS OF WESTERN SURETY COMPANY
This Power ofAttomey is made and executed pursuant to and by authority ofthe following By-Law duly adopted by the shareholders ofthe Company
My commission expires
March2.2026
Section 7. All bonds, policies, undertakings,corporation shall be executed in
the President, Secretary, and Assistant Secretary,any
in the name of the Company. The corporate seal
corporation.
Surety Company.
undertakings, Powers of Attomey or other obligations of the
Page 1184 of 3380
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 30175601 effective Februaw 21, 2023 issued by
Western SureW Company in the amount of $144.600.00 on behalf of Kinsale Golf Club L.L.C.. as Principal and in
favor of Collier Countv. Florida as Obligee:
Now, Therefore, it ls agreed that:
The Bond Amount has INCREASED to:
$220,320.00
From
$161,800.00
It r'r vrrdtx[tor,d at^d aUUIL
ftalr W fnr,d#:.td" m mclvttt
W q{4r p6wn*
?LAM30NI6?5 and,
fivVnW nY 4l/$ boilL
Wtu?4oo oo q1b .ff1-a
It is further understood and agreed that all otherterms and conditions of this bond shall remain unchanged
This ricier is to be effective the 16th day of Octobei'. 2023
Signed, sealed and dated this 16th day of October. 2023
Kinsale Golf Club L.L.C.Western Surety Companv
(Principal)(Surety)
By:?By:
k,fhun& 1 '6cor*\a.,,
Accepted By:
Michael Zervos, Attorney-in-FactIf]fro^aog
*l'
Form F5340
Page 1185 of 3380
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know AII Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue ofthe signature and seal herein affixed hereby make,
constitute and appoint
Gus E Zervos, Stephen M Zervos, Angelo G Zervos, Donald W Burden, Michael G Zervos,
Individually
of Southfield, MI, its true and lawful Attomey(s)-in-Fact with full power and authority hereby confened to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer ofthe corporation and all the acts ofsaid
Attomey, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power ofAttomey is made and executed pursuant to and by authority ofthe By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this I I th day of May,2022.
WESTERN SURETY COMPANY
T. Bruflat, Vice President
State ofSouth Dakota
County of Minnehaha
OnthisllthdayofMay,2l22,beforemepersonallycamePaulT.Bruflat,tomeknown,who,beingbymedulyswom,diddeposeandsay: thathe
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal ofsaid corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board ofDirectors ofsaid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
)ss
Western Surety Company
l5qq.qq$$q5ih\erer$$G6q +i M. eeNr
".i@!31ff'i^,,t}:@i
+qr$q+qqqrs$seqrsq*.rq$ I
My commission expires
March2,2026
I, L. Nelson, Assistant Secrelary of WESTERN
and further certifu that the By-Law ofthe
and affixed the seal ofthe said corporation this
M. Bent, Notary Public
CERTIFICATE
do hereby certifz that the Power ofAttomey hereinabove set forth is still in force,
still in force. In testimony whereof t have hereunto subscribed my name
SURE,TY COMPANY
+\,,,. ,
Fomr F4280-7-201 Z ,1.'1 '
Go to www.cnasurety.com > Owner
L.Assistant Secretary
Bond Coverage, if you want to verify bond authenticity.
Page 1186 of 3380
t
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity ofany bonds, policies, undertakings, Powers ofAttomey or other obligations ofthe corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
.4,
!, t
Page 1187 of 3380
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY.IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. is a duly organized and existing corporation
having its principal office in the City ofSioux Falls, and State ofSouth Dakota, and that it does by virtue ofthe signature and seal herein aflixed hereby malie.
constitute and appoinl
Gus E Zenros, Stephen M Zerwos, Angelo G Zervos, Donald W Burden, Michael G Zervos,
Individually
of Southfield, MI, its truc and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instrumenls of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully md to the sam€ extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby give4 are hereby ratified and confirmed.
This Power ofAttomey is made and executed punuant to and by authority ofthe By-Law printed on the reverse hereo{ duly adopted, as indicared, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be herero
affixed on this I lth day of May,2022.
WESTERN SURETY COMPANY
T. Bruflat, Vice President
State of South Dakota
County ofMinnehaha
On this I lth day of May, 2022,beforc me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakotal that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal ofsaid corporation; that the seal affxed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and thai he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed ofsaid corporation.
Western SuretyCompany
i"*.t:;Ei,T***i
i@!3rfl#,rH@i
My commission expires
March 2,2026
Fom F4280-7-2012
ss)
1$rirar\r...*..$trrrr a
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPAIIY do hereby certiry that the Power of Attomey hereinabove set forth is still in force,
and further ctrtifo that the By-Law of the corporation on&e still in force. In testimony whereofl have hereunto subscribed my name
and afrxed the seal of the said corporation this 2 I " day
TERN SURETY COMPANY
L son, Assistant Secretary
Go to www.cnasuretv.com > Owner / ObliSee Coverage, if you want to verify bond authenticity.
Page 1188 of 3380
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Aftomey is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies. or undertakings in the name of the Company. The
corporate seal is not necessary for the validity ofany bonds, policies, undertakings, Powers ofAttorney or other obligations ofthe corporation-
"I'he signature ofany such officer and the corporate seal may be printed by facsimile.
Page 1189 of 3380
Project: Kinsale
Task: Excavation Bond CalculationPENINSL.|LA
ENGINEERING
Prepared By'.-|[
Checked By: JAW
Date: 4/5/2024
Date: 4/S/2O24
Lake lD
Lake #1
Lake #2-1
Lake #2-2
Lake#3
Lake #4
Lake #5
Lake#6
Lake#7
Description
Lake Bank Perimeter at Control Elev.
Unit Price
S zo.oo
Unit quantity
LF
Amount
658 13,160.00
1,53s 30,700.00
L,49O s 29,800.00
9s3 s 19,060.00
1,396 s 27,920.00
1,036 s ZO,tZO.OO
1,6s6 s 33,120.00
2,372 5 qA,Z+O.OO
5
SLake Bank Perimeter at Control Elev. S 20.00 LF
Lake Bank Perimeter at Control Elev. S ZO.OO LF
Lake Bank Perimeter at Control Elev. S 20.00 LF
Lake Bank Perimeter at Control Elev S 2o.oo
Lake Bank Perimeter at Control Elev,S zo.oo
Lake Bank Perimeter at Control Elev. S ZO.OO
Lake Bank Perimeter at Control Elev. S ZO.OO
LF
LF
LF
LF
Total Quantity ,r,036_
Total Performance Security Guarantee S 22O,72O.O0
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,OOO,OO0 computed at a rate of
520.00 for sand and 5100.00 for rock per foot of total bank perimeter to be excavated per Ordinance No. 04-55.
3) Per the Geotechnical Exploration Report and Soil Borings, the lake excavation to required minimum depths is anticipated
to be majority of sand, with potential of minimal excavation of loose fractured limerock (which should not pose increased
difficulties of excavation). Accordingly, S20 per LF is utilized in the bond amount calculation.
4) Performance Bond No. 30175501 for Excavation Work for Excavation Permit No. PL2O23OOOO535, in the amount of
5144,600.00 has been previously provided to Collier County. The Proposed Excavation Permit (this application) is revising
Excavation Permit No. P120230000535 to reconfigure the previously proposed lakes to match the updated site plan for the
Project area. lt is the intent of the developer to update existing Bond No. 30175501, via rider or other method, to apply
said bond to this proposed Excavation Permit application.
[.Digitally signed by Jenna A
Reason: This item has ben digitally
signed and sealed byJenna A.
W@dward on the date adjacent to
the seal. Printed <opies ofthit
document are not considered signed
and sealed and the signature must
be verified on any eledronic copies.
Date 2024.04.05 10:23:27 -O4'0O'
Jenna A. Woodward, PE
FL License No. 84212
Certificate of Authorization No. 28275
No. 8.121 2
*
STAIE OF
t
Page 1190 of 3380
(ofY CF [XtSrrN( &oN\b(rbf4j
Bond No.30175601
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOWALL PERSONS BY THESE PRESENTS:that
Kinsale Golf Club L.L,C.
13966 Old Coast Road, Naples, FL 34110
(hereinafter referred to as "Owne/') and
one rowne ro , ,,"*io1?iHXffill"fi:illil'or. | (248) 3s04134
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
leferred to as "County") in the total aggregate sum ol One hundred forty four thousand six hundred
Dollars ($14C,6A0.00) in lavvful money of the United States, for the paymenl of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly ind
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 approvat by
the Board a certain excavation permit no. PL20230Nf635 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 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 shatl futty indemnify and sive harmleis
the County from and against all costs and damages which it may suffer by reason of bwner'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, othenrvise 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 ils 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, addilion or modification of any character whatsoever.
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
156 21st day of Februarv 'zoig' Kinsare Gorf crub L.L.c.
WITN
Printed Name
(Owner Na and
By
Yl U, U]Ilrci."t. 1
.1 ,/
v;r-4
Printed NameI'itle
(Provide Proper Evidence of Authority)
'res'ul,y4
il-n5ft,,i rR [trS
Printed Name
[1]LDS{1654/r 1s3600/11
Page 1191 of 3380
srArE oF Ltltlc/h[qan
couNrY oFrD6[nE
-
-THE FOREGO
ffi eHvsrcnl
20 j3_, BY
PERSONALLY
Notary Public - State of
Utl"i[i Q'b cacrr\
WITNESSES
Sarah Laney
Printed Name
ACKNOWLEDGEMENT
COURTNEY TREVOF
NOTARY PUBLIC . STATE OF MICHIGAN
COUNTY OF MACOMB
My Gommission Expires March 2,2024
Acting in the County 0f '-,r-r r-.c-r-r
NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PRESENCE oRfloNLtNE NoTARtzATtoN TH|S 21st DAy OF l:.at.--..:,,,.
(NAME OF ACKNOWLEDGER) AS (T|TLE) OF (NAME OF COMPANY) WHO -tS-
KNowN To ME, oR HAS pRoDUcED ory:arA| AS tDENTtFtcATtoN
Glt'
(
{u,uu AJ
Gates
Printed Name
ACKNOWLEDGMENT
STATE OF Michioan
COUNTY OF Maenmb
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFE pHystcRl pRESENCE oR n oNLTNE NorARtzATtoN THIS 21st DAY OF Febnrarv20_zt , BY (NAME OF ACKNO!\,LEDGER) AS (TITLE) oF (NAME oF COMPANY) WHo lS
PERSONALLY KNOVVI\ TO ME, OR HAS PRODUCED (personarryknown) AS IDENTIFICATION.
,it '.1,
I
.;
{Notary Public - State of Michioan
r4-EIS-02650/7
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+
Courtney Trevor
Printed Name
Notary Public,
LrYirEslon
in oftfleA6ltfE
[15-LDS{1664/1 1s3600/11
Western Surety Company
(Surety Name and Title if Corporation)
r:
,,, ...r-
MichaelG. Zervos,
(Power of Attorney Attached)
Printed Name/Title
(Provide Proper Evidence of
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Page 1192 of 3380
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number 30175601 effective February 21.2023
issued by the Westem Suretv Comoanv in the amount of ONE HUNDRED FORTY FOUR THOUSAND SIX
HUNDREDAND00/l00DOLLARS($1/t4.600.00) onbehalfofKinsaleGolfClubL.L.C.asPrincipalandinfavorof
Collier Countv. Florida as Obligee:
Now, Therefore, it is agreed that:
The Bond Amount has lncreased to:
$161,800.00
From
$144,600.00
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effeclive the 27h day of ESICA!L2023
Signed, sealed and dated this 27t' day of Februarv. 2023.
By:
1.Bcodc-ntj"ils
-I r'{t6ura,,"'
Accepted By:iule
'r,.
Form F5340
Gus E. Zervos,
,,
I t'.r .,
Page 1193 of 3380
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Prcaents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporalion
having its principal office in the City ofSioux Falls, and Slate ofsouth Dakot4 and that it does by virtue ofthe signature and seal herein affixed hereby make,
constitute and appoint
Gus E Zewos, Stephen M Zervos, Angelo G Zervos, Donald W Burden, Michael G Zervos,
Individually
of Southfield, Mt, its true and laxfirl Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on is behalfbonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to lhe same ext€nt as ifsuch instruments were signed by a duly authorized officer ofthe corporation aod all the acts ofsaid
Attomey, pursuant to lhe authority hereby given, are hereby ratified and confirmed.
This Power ofAttorney is made and executed pursuant to and by authority ofthe By-Law printed on the reverse hereot duly adopted, as indicated, by
the shareholders of the corporation.
In Witncss lYhcreof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affxed on this I lth day of May, 2022.
WESTERN SURETY COMPANY
T. Bruflat, Vice President
M/estern Surety Company
tr$rs\|6r$\ri\i$$ic..i u. eEHr ,.
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State of South Dakota
County of Minnehaha
My commission expires
March2,2026
)
OnthisllthdayofMay,2022,beforemepersonallycamePaulT.Bruflat,tomeknown,who,beingbymedulysworn,diddeposeandsay: thathe
resides in the Ciry of Sioux Falls, State of South Dakota; that he is the Vice Pre sident of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal ofsaid mrporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board ofDirectors ofsaid corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed ofsaid corpor*ion.
M,Public
CERTIFICATE
In testimony whereofl have hereunto subscribed my name
i;YESTERN SURETY COMPANY
1'
Fom F4280-7-2012
authenticity,
Page 1194 of 3380
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Aftomey is made and executed pursuanl to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attomeys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for thc validity ofany bonds, policies, undertakings, Powers ofAttomey or other obligations ofthe corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
Page 1195 of 3380