Agenda 12/09/2025 Item #16A12 (Clerk of Courts to release a Performance Bond in the amount of $339,167.46, which was posted as a guaranty for Excavation Permit Number PL20240004900 for work associated with Summerlit)12/9/2025
Item # 16.A.12
ID# 2025-4527
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $339,167.46, which
was posted as a guaranty for Excavation Permit Number PL20240004900 for work associated with Summerlit.
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 Summerlit. The As-
Built lake cross-sections have been received, and the Development Review Division inspected the lakes on October 7,
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
RECOMMENDATION(S): To authorize the Clerk of Courts to release the Performance Bond in the amount of
$339,167.46. 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 2897 of 9661
SUMMERLIT
LOCATION MAP
Page 2898 of 9661
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this l.-r day of
May,2024 between Mattamy Tampa/Sarasota 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. PL20240004900 (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 (aftached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $339,167.46.
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 Manage/s approval of the Excavation Work.
ln the event Developer shall fail or neglect to fulflll 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
security, shall be liable to pay and to indemnify the Board, upon completion of such
1
2
3
4
E
b
Page 1 of 2
Page 2899 of 9661
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 lo be
executed by their duly authorized representatives this ln day of May, 2O24.
SIGNED IN THE PRESENCE OF:AS TO DEVELOPER:
Mattamy Tampa/Sarasota LLC [Name of Entity]
Witness #'l Signature
6 ".ro.., G rce,rq
By:
Witness #'l Printed Name Thomas Griggs, Vice President
Signer's Printed Name and Title
[Provide Proper Evidence of Aulhority]
Jir.'L' Eqarr
Wltness #, PriAGd Name
AS TO BOARD
OUNTY COMMISSIONERS
a to legality:OF COLLIER COUNTY FLORIDA
7
..4r-rzr,-.("
Zx
tness #2 Signature
Derek D. Perry
Assistant County Attorney
Jaim rector
ment Review Division
as designee of the County Manager
pursuant to Resolution No. 2015-162
k,
Page 2 of 2
/.,
-:
,'')2
By:
Page 2900 of 9661
DocuSign Envelope lD: 6B2C6C94-D488-4 F80-897F-8C854E4AC550
ACTION OF THE SOLE MEMBER AND MAIIAGER
The undersigned, Mattamy Florida LLC, a Delaware limited liability company, constituting
the sole member and manager ("Manager") of Mattamy Tampa/Sarasota LLC, a Delaware limited
liability company (the "Company"), in accordance with the Company's Limited Liability Company
Agreement dated December 6,2013, as amended (the "LLC Agreement"), does hereby take the
actions set forth below:
WHEREAS, Section 5.3 of the LLC Agreement authorizes the Manager to appoint officers
to act on behalfofthe Company;
NOW, THEREFORE, BE IT RESOLVED, that the following named individual be and
hereby is appointed as an officer of the Company, to hold the office set forth opposite such
individual's name until removed by action of the Manager or until such officer sooner dies,
resigns, is removed or becomes disqualified:
Thomas Griggs Vice President
FURTHER RESOLVED that, in connection with the day-to-day business operations of the
Company, the foregoing officer be and he hereby is authorized in the name and on behalf of the
Company to take any and all lawful actions in connection with the business of the Company, and to
execute and deliver any and all agreements, contracts or other documents to carry out the business
ofthe Company.
WITNESS the execution hereof to be effective as of October 4, 2021, regardless of the
actual date of signing. This instrument may be signed and delivered by facsimile or other
functionally equivalent means.
SOLE IIIEMBER AND MANAGER:
MATTAMY FLORIDA LLC,
a Delaware limited liability company
By
Keith E. Bass
President
MATTAMY TAMPA/SARASOTA LLC
brlL bnss
Page 2901 of 9661
Exhibit "A"
Excavation Performance Security
Page 2902 of 9661
PERFORMANCE BOND
FOR EXCAVATION WORK
BOND NO. US00134871SU24A
KNOWALL PERSONS BY THESE PRESENTS: that
tlattamy Tampa/Sarasota, LLC
4107 Cresent Park Drive
Riverview, FL 33578
(hereinafter referred to as "Ownef') and
XL Spocialty ln3urance Company
505 Eagleview Blvd.
Exton, PA 19341-0636, Phone No.: 203-964-5200
(hereinafter referred to as "Sure$") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County'') in the total aggregate sum of Three Hundred Thirty Nine Thousand, One
Hundred Sixty S6ven Dollar8 and Forty Six Conts ($339,167.46) 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 Excavatlon Permlt No, PL202lf0004900 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 shallcontinue untilthe date of completion ofthe 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 satisry 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 urhich the County may incur in making
good any default, then this obligation shall be void, otherwise to remain in fullforce and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, ertension 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 refening to this Bond, or other documents
shall include any alteration, addition or modification of any character whatsoever.
[1s-10s41654/11s3600/1]
Page 2903 of 9661
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 20th day ol May 2024.
Mattamy Tampa/Sarasota, LLC1,/
D,t-.-
?z( --/
Printed Name I ho rna,s ( rf \{(!.; .Vice PresidentJ
Printed Name/fitle
(Provide Proper Evidence of Authority)
2.."n,-1
Pr Name
JJttA 2"(-{^.eS
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNry OF HILLSBOROUGH
THE FOREGOING PERFORMAIEE BOND WAS ACKN
PHYSICAL PRESENCE THIS 22 DAYOFMAY,2024BY
OF ACKNOWLEDGER) AS Vice President (TTTLE)OF T
COMPANY)W-IO IS PERSONALLY KNO\^N TO M e/OR HAS PRODUCED OF
IDENTIFICATION.
Notary Public - State of Flodda
Printed Name$L\sg\f' Cr((,\r
OWLEDGED BEFORE ME BY MEANS OF
NAME
LC NAME OF
AS
(SEAL)
..:iliiir{',. SUSAII GREEIIE
,-l A i.: MYcoMMrssroN # GG s76,ro9i.'j:#S:.i:: ExptREs: Augusr 6, 202a'ifp:i.;"oJ gona* nru Nota.r Pubth UndeBfloE
[1s-LDS-016 /11s3600/1]
t.
wnyts6.1//rt -)
-<--
Page 2904 of 9661
WITNESSES:XL Specialty lnsurance
Printed Name: Melissa Schmidt
James l. Moore, Attorney-in-
Printed Name: Heather Robinson
ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF DUPAGE
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
PHYSICAL PRESENCE ON THIS 2OTH DAY OF MAY,2024, BY JAMES I. MOORE AS ATTORNEY.IN-
FACT OF XL SPECIALTY INSURANCE COMPANY WHO IS PERSONALLY KNOWN TO ME.
N Public - State of lLLlNOl
(SEAL)
TARIESE M. PISCIOTTO
NOTARY PUBL'C, STATE OF ILLINOISPriName: Tariese M. Pisciotto
l4-Ers-02650/7
MY CO MISSTON D@IRES Jum 26. 2026
[15-LDS-o1654/1 1s3600/1]
OFFICAL SEA!
Page 2905 of 9661
Power of Attofl)ey
n sredalty IrE ance corn}ary
n Rdn$r6rE AIIl€ata IrE
BOND NUMBER USOOl 34871 SU24A
LIMITED POVVER OF ATTORNEY
(NO$, At-L MEN BY THES€ PRESENTS: Tnrt xL Spedalty Insuranae Compa0y, a Delaware lnsurance companlel wlth offlces loc.ted .t 505
Eagteview Etvd., Exton, PA t9341, ,nd xl Rcjnsurance Amenca Inc., a Nar{ YoIl lnsuaame company wlth omc6loaltad 6t 70 seavlery avenue,
Stemfo.d, qT 06902, , do h.rcby nomlnrta, coniutot!, lnd .ppolnt:
aaah lts true.nd l.wtul Attorn€y(s)-ln-f6at to mrka, exeaote, .ttest, sa.l lnd d€llver tor and on lts baialt, ls surety, and as lts aat rnd
deed, wher. r.qulrrd, lny and all Donds and und. lklngs In th! naturt tharaot, , for tie penal sum ot no ona ot whlch ls ln .ny avent to
exce.d 1100,000,000.00.
such bonds .nd und..taklngs, wh6n duly lx.cut€al by th€ lforacald Attorncy (a) . ln - Fact shall b€ blndlng upon aach rald company es
lully and to the same extent as lf such bonds rnd undertakirgs wer. slgned by the Presideht and Searelary of the Comp.ny and s€.led
vvlth lts aorporate seal.
Tle FleE of Attoria, B lrafiad ar6 b dgrEd b, lbdr le u.dcr rnd by ura adlodty of ura lblowi'g Rasalrtdn ado@ by Ur B@d aa o&i..fas of ladr of tia
Companl€s dr t tc 26th dly ot Jdy 2017.
James l. Moore
Commonwarnh ol Panriaylvanlr. Notlry Sarl
RobsccsC. Shalhoub, Not ry Publlc
North.mDion Counly
My commf islon erplrgs Agdl 26, 202a
Comnit!loa number 1268765
xL sp€ctAl,TY ll{suE flcE cott{PAt{Y
RESO|VED, that Glry Kaplln, Oanlal Rlordln, illrl! Duhlrt, 6re9ory Borl and Xavln Mlrsch rr. har.by appolntad by tia Bo..d .s .uthorlzad
to make, executa, scrl and dellver for and oo baialt ot tia codplny, lny lnd lll bondr, undertallngs, contracts or obllortlons ln rurety ot
co-turely wtth otiers lnd tiat the s€cretery or tny Asslstant secr€lary ot the company be and th6t each ol them hereby ls authorlzad to
lttest the exeautlon of any suah bonds, undartaklnls, aontaactg or obllgatlons ln suraty or co-sur€ty and tttach thereto the corporata seal of
the company,
RESOLVED, FURTHER, th.t Gary bplan, Danlel Rlordan, ltl.rla Duh&t, Gragory Eoal and (evin l,lr9ch e.ch ls ha.eby authorlzed to execut. powers
ot attoroey qualllylng the attornly named ln the glvan power of attomey lo cxacqtc, on behal, of tha Company, bonds and unde.tallngr ln surety
or ao.$rlty wlth othlrs, rnd ttat the sacrclary or lny Assl9tant secratary of thr company ba, and that arch of them ls haraby authorlzad to
lttast the axacutlon ol lny such powlr o, lttornay, lnd to lttrch thlrcto tha aorpoota !r!l of tha complny.
RESoLVED, FURT!|ER, that tha 3tgDatorc ot such oftlceB nrmad ln thc prccadlng rcsolutlons rnd thc corporatc 'trl of thc Company mry bc
afltxed to such powers of attorney or to any certlflcate relatlng thereto by tacslmlle, and any such povrer of attomey or aertlflcate bearlng suah
t.cstmtle stgnatures or facslmlle seal shall be therelfter valid and blndlne upoo the Comprny wlth respcct to.ny bond, orderbklng, contr.ct or
obllgatlon ln surety or co.surety wlth othlrs to nhlah lt ls attachcd.
!t{ wrTNEss WHEREOF, the Xt SPEdALTY TNSURA CE COt{PAtiY has aaused tt3 Corporate Seal tO be hareunto alflxed, and these presents t0
be algned by lts duly authorlzed omcars thlg Aprll t3th,2018.
Qc,A?
Grcgoiy 8oa|, UG PRES]DENI
STATE Of PEIflSYLVANIA
COUTITY OF CI{ESIER
On thts 13th d.y ol Aprll, 2016, bafore m. person.lly cem€ Gregory Bo.l to me lnown, who. bclng duly sworn, atd drpcft anj
sry: that he ls vtc. Prelldent ot xL SPECIALTY ll{suRAllcE cotlPAtlY, dascrlbad ln and whl.h executed the .bove lnstru!$dti }rt!t
h€ knows tie s€als ot sald Companlcs; th.t th. sc.ls.fflxed to thc aloreslld lnstrum€nt ls suah corDorate seats ang Vere gfit@ - ,)
'
thereto by ordar .nd luthorlty ot tha Boards ol Dlractors of sald Comlrnlas; and that ha .x.cut.d thc slld lnstuiialtly *Xt ,
ordlr, :- i:i ':- L j l
rcrh i,l. Mirsd, ASSISTA|I SECRETARY
it';Y4rrtiful;'*;
s80042
Mamba., P.n n!ylvlnb A5tocLlloo ot NotSrltt Rene.ra C Shaltbub, NOIr\RY PUEI,IC
,ry^
(r^; t'* t'";--!
Page 2906 of 9661
SfATE OF PENNNLVANIA
COI',NTY OF CHESIER
l, Kevln M. Mlr.ch, tuslsfant Secretary ot XL SPECTALTY TNSURAXCE COMPAIIY, a corpor.Uon of the State of Delawa.e, do he,eby certlfy
that the above and forgolng ls a full, true ard corect copy of a Power of Attomey lssued by sald Companles, and that t hava compared
same wlt}l the orlglnal aad that lt lt I coraect transcrlpt therefrom and of the whole of the orlglnal and that the Eald Power of Attorney ls rull
ln full ,orce and effect and has not baen revoked.
IN WITNESS WHEREoF, I h.ve h6rounto set my hand and afttxed the 3ea! of sald Corporatlon, at th. Clty of Exton, thls4Uday of
May. )O) 4
6^;- w M;J
SEAL
IN Wm'IESS MtRrcF, n REINsITR NCE AME CA INC has caused lE corpo6E seal b be hereunto atu€d, ad these presenb to be slgned by [5 duty
authod?4d oft'Lels A s [,th day oflpdL 2018.
K€^.dn H. M]lsd, ASSISTANT SECRETARY
XL REII{SURAIICE AMERICA II{c.
Grerory 8o.1, VIG PRESTDENI
by:€
l(6dn M. itrsdr. ASSSTAI{T SECRETARY
SIAIE OF P8{I'IS'YLVAI'ITA
d)t,NTY OF C}IESTER
On thlr 13th day of Aprll, 2018, before rne personally camq Gregory Boal to me known, who, belng duly $rom, dld depose and say: that he 13 Vlce
Presldent of xL REINSU!|ANCE AI4ERICA tNC., des.rlbed ln and whldr exeoted the abovo lnsblmenti that ho knows tho seal ot sald Coryoratlon;
that the seal afflred to t}le aforesald lnsbument ls sucrt corporaE seal and was afftcd thereb by order and authorlw of the Eoard of Dlrectors of
Common$€lllh ol Panarrvtnlr. Notsry $!l
RobeccsC. Shalhoub, Notary Publk
NorthEmplor County
My commlsslon orglrs. AOdl 20, 2O2a
Commission numb.I 1208705
6^; t'rt
Reb€aaa C Sharput NoTA-RY Puglc
,alt$'
i;"&;*:$r
STA1E OF PENNSYLVAI,IIA
@UNTY OF CHESIR
I, Kevln M. Mlrsch, Asslstant Secretary ot XL RAI{SURANCE AHERICA lNC, a corpordtlon of the State of New Yor& do h.rebl certlfy tiat the
person who executed thls Power of Attom6y, r lth tjl6 rlghts, respectlvety of XL REIIISUMNCE AHERICA fNC., do herebytsruty UBt th. aboye
and forgolng ls a full, t.rre and corect.opy of a Power of Attorney lssued by sald Corporauon, and that I h.vc com!.ied $me-d$ tni origli;l
and that lt ls a coftect trans.rlpt theretrom and of the whole orlglnal and that the iald Power of Attoroey ls sull IO lit0 fo!€! and efte.t ard lqs
Mamba,. Panlllylylnla A5go€ladoo ot Notano!
not been revoked.
IN WITNESS WHEREoF, I have hereunto set my hand and amxed the real of sad Conoratlon, at the Clty of B!m,.{hlt lOttl,
Thts Power of Attorney may mt be used to exeort€ ary bond with an inceptlon dab
l(dln M. Mlrst-I, ASSSTAI{T SECRETARY
sB0042
412812024 12,0Oi004M
a'v7 ,6-?
(r^; t"t l";'-!Attest:
acv t -Mly,-M-
Page 2907 of 9661
Q-Gradg Minor & Associates, LLC
3800 Via Del Rey
Bonita Springs, FL 34134
239-947 -7744
Average Thickness of Rock Layer =
Ave.age Depth of Sand = 12,90 feet
feet (Average of Borings 81,82, 817 & 818)
(Total Lake Depth - Thickness of Rock Layer)
Summerlit
Job #MHRRZPPL
calculated by: BB
Date Aptil 2024
Summerlit
ENGINEER'S CATCULATION OF PERFORMANCE GUARANTEE FOR COLLIER COUNTY EXCAVATION PERMIT
Calculations
Reference: Section 22-1!5la) Code of Lows ond Ordinonces of Collier County, Florido
Average Pre-Dev Grade Elev = 3.5 feet
Top of Rock Elev = -2.5 feet (Top of Rock is 13.5' below Avg Pre-Dev Grade = 11.5 - 13.5)
Confuol Elev = 2.6 feet NAVD
Max Lake Depth = 20'Below Control Elev
Lake Bottom Elev = -f7.4O
Total Lake Depth from Pre-Dev Grade = 20.90 feet
8
Weighted Average Amount Per Linear Foot of Lake Bank =
( 20.00 x 12.9 ) + ( 100.00 x 8.00)
12.90 +8.00
Engineer's Certif ication
The above calculations are computed on the basis of:
1. The Collier County Excavation Ordinance,
as codified in Section 22-115(a) Code of Lows ond Ordinonces of Collier County, Florido
2. Construction Plans for Summerlit PPL'P120230013250.
3. lnformation provided by the Geotechnical Exploration Reports.
4. Length of Lake Sank is measured at control elevation.
Michael J. fl':Hll;3:*jl,
Delate, P.E. ff,$,ii'#il'
Michael l. Delate, P.E.
Florida P.E. License No. 49442
Lake
Number
Lake Bank
(LF)
Amount per LF
Lake Bank
Amount of
Guarantee
1 6,700 sso.62 5339,167.46
sso.62 s0.00
ss0.62 s0.00
ss0.52 s0.00
TOTAT s339,167.46
I
G:\EnBineerinE\PRol-ENG\M\MHRR\050P\02Excavation\Aos Exc GuaranteecalcsR2-2021.11
Projectr
Performance Guarantee Requirements:
- Not less than S25,000.00
- Not greater than S1,000,000.00
- Amount per linear foot of lake bank is calculated as:
S20.00 per linear foot for sand
S100.00 per lanear foot for rock
calculate weighted average for sand/rock:
=tsrofr]
II
Page 2908 of 9661