Agenda 12/09/2025 Item #16A13 (Clerk of Courts to release a Performance Bond in the amount of $134,911.20, which was posted as a guaranty for Excavation Permit Number PL20210003121 for work associated with Willow Run Mine – Baker Parcel)12/9/2025
Item # 16.A.13
ID# 2025-4546
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $134,911.20, which
was posted as a guaranty for Excavation Permit Number PL20210003121 for work associated with Willow Run Mine –
Baker Parcel.
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 Mine –
Baker Parcel. The As-Built lake cross-sections have been received, and the Development Review Division inspected the
lake on October 16, 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 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. - CLD
RECOMMENDATION(S): To authorize the Clerk of Courts to release the Performance Bond in the amount of
$134,911.20. 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 2909 of 9661
WILLOW RUN MINE – BAKER PARCEL
LOCATION MAP
Page 2910 of 9661
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this _ day of
September, 2022 bel een SD SAN MARINO, LLC, a Florida limited liability company, 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. PL20210003121 (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 (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of $134,91 1 .20.
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 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
1
2
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4
5
6
ctso
EXCAVATION PERFORMANCE AGREEMENT
Page 2911 of 9661
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, Iegal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of
Developer to fulflll 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 to be
executed by their duly authorized representatives this
-
day of September, 2022.
SIGNED IN THE PRESENCE OF:SD SAN MARINO, LLC
7
Printed Name
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to Form and Legality:
Derek D. Perry
Assistant County Attomey
a
Gel , Vic€ Prosident
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
William L. McDaniel, Jr., Chairman
6Sign
Printed Na
sisn:finv\!{N),'<-'
€rn,\* C o"$o"u
cFo
Page 2912 of 9661
Exhibit 664))
ctso
Page 2913 of 9661
Bond No. LICX1214757
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
5D San Marino, LLC
2639 Professional Circle, Suite 101
Naples, FL 34119
(hereinafter referred to as "Owner") and
Lexon lnsurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
61s-553-9500
ctso
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of One Hundred Thirty Four
Thousand Nine Hundred Eleven and 20/100 Dollars ($134.91 1.20) 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. P120210003121, 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 shallwell, truly and faithfully perform its obligations and duties
in accordance with the Land Developmeht 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 repaythe 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 Surery, 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 obliSation 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
[2t-Ets-o44s9nus(r,2/11 Page 1 of 3
Page 2914 of 9661
Bond No. L1CX1214757
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 3'd day ofAugust,2022.
Witnesses:Owner:
SD San Marino, LLC
By
Print Name ith Gelder ce President
(Provide Pr r Evidence of Authority)
Signature
\........,(1,.& cv-\\t.t N".,;l
STATE OF FLORIDA
COUNTY OF COLLIER
Notarial Acknowledgement
The foregoing instrument was.acknowledged before me by means of! physical presence or
o online notarization, this {6 day of August 2022, by Keith Geldir as Vice President for
SD San Marino, LLC, whoxis personally known or o has produced
identification.
as
O,tt Bul/l,hils--,
lsigfur e oi N ota ry-Pu bl icl
{vd"itl,, h ,se\tg
lthe Notary Public's official seall
lprinted name of Notary Publicl
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Signature
irK? *", iy3,[i i,:ii:i n**i*#d
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[Hfl:tfi #i.x,"l'],.
l6dad thrqJth t{rtlcnal lotff, A$.
Page 2915 of 9661
Bond No. L1CX1214757
Witnesses:Surety:
Lexon lnsurance Company
Signature
Kelsv Hoasland By:
Print me susan Ritter, Attorney-in-Fact
(Provide Proper Evidence of Authority)
Sign ure
Lynnette Long
Print Name
Notarial Acknowledgement
STATE OF Kentucky
COUNTY OF lefferson
The foregoing instrument was acknowledged before me by means of physical presence
this 3rd day of August,2022, by Susan Ritter as Attorney-in-Fact for Lexon lnsurance Company
who is oersonallv known to me
lsignature of Notary Publicl
Thorrr Plcketrell
I{OIARY PUBLIC
STATE AT LARGE, KEI{TUCIfl
lD # 633720
rt com$oil Ern&s ocr 26, 2023
lthe Notary Public's official seall
Theresa Pickerrell
lprinted name of Notary Publicl
[2 t .H S-M499/ t 6.1 5092y t ]Page 3 of 3
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Page 2916 of 9661
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KNOW ALL BY THESE PRESENTS. that Endudnce Aaaul.nce Corporatlon, a Dela are corpoftrtion, Enduanoa Amadcan lnaudnce Company, a Dalrwaro
corporsto.t, Laron lnauranca Company, a Taxgs coaporeton, and/or Bond ll.taguard lnruranca Company, a South Oekota corporatroh, 6€dr, a'Coanpany'and
coll€divcly, "Sompo lnt mrdonal " do hcrcby corditute snd appoint Brook T. smnfi, Raymood B. Hundby, Jaaon O. CrolnFll, Jam.a H. aidn, Btrtara Dtl.lcan,
,rrrk A Guidry, Jll Kqnp, Lynn lt Loog, Amy s.nih, D.bor.h t{oichbr, Th.rt . Ptck.nill, B.lh Fiymirr, L.igh lrc.rty, Lich-l Dk, s.lt n Rltbr, Ry.n Bdtl K.Ly
sum of OtlE tln{nED tlulotl Oolhr! (tlo0,qr0,m.O0).
Such boncts end umbrtakings h serd prrpos€q wlEn duly executad by s€id atto.nc/(sfiGfed, shall b. brding upoal th6 Conlp6rry a fully .nd to th€ ss.ric 6xtcnt es if
sign€d by the Presibnt o, the compeny under ils corpo.de seel attBted by iB co.porate s6c.619ry
This appdnt rEr{ is mada undGr and by authonty of cdlain rcaolutiorc adoptad by tte sdG sha.!lEld6, of 6ad1 Cornpany by uEnioou3 writtGn ooal!6nt aflaliva tha 1 5$
day of J$le, 2019 a clpy ot whi.lt +p.8rs bdo'v urde. tE heding efititled 'C!,lifcaE'
Thls Po,ver of Ato.ney is 3rgned arld 3eded by facsmale urder and by auho.ity ol ttE bllowiog lesolutim adopled by the sole sharefdder ot Ba.h Co.npany by
unanimoiJs wrilton congont 6fiacfjv6 thc 15i day ot June, 2019 and said rcsolutih has not sinca b6arl rayoked, e.rlorded or r€poaled
RESOLVEO, that tlE aionafura of an indivtrual nam€d above and h€ Beal of lhe Compony may b€ atfred to any sudr po,Jo. of Etb.noy or any cediicata rdating thereto
by fGimilc, and any guch polflcr d attorncy or ccrtificalg b€rinC !!rch fEcaimila Srgnatwg or laal shall ba valid ard tinding upon tha Co.npay rn tha ftrur! with r6pd
to any bond or un(brtaking to wtlidr n b attaahed
lN WII{ESS WHEREOF, eldr Cornpany hes caused this irctrument lo be s0ncd by tle hllo ing crfc€rs, {ld its coeo.atc lral to b€ 8fixod this 155 day of
June, 2019.
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^C$@EDCETUOn thE 1 5h day of Juno, 201 9, bebe me, personally carE the abovr sEnato.r6 kno n to mo, who bemg duly swom, dd
of tha Cqnpanas; and tld he e)(qrtod lsid ingtrridrt on bchsf d edr Cqnpany b, autltod,ly ol hi9
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tvty Cornmisson
l, tho urxbGion€d Offcar of oedr Co.np.ny, DO SEREBY CERTIFY that
'1. That th€ ooginal povvlr ol dbflEy otwhich lhe br€CdnC B a copy was duly rxcc{rtgd o.r bohs[ ct aad! Cofipany and ha nol sirr. bcGn Evgkr( ahcndrd o. mod'6ad;
that ths urdd3ignad haa comper6d fE fu(€gdng copy oleraof wilh tE orieiml por.ar ot attortly, and that lh! 8ari6 b a tru€ end co.racl oopy of tha oriCinal po,vlr of
attomoy and ot 66 whol6 thaGot
2. Th€ bllo.,ing ara rEoluto.rs whirh wefB adopbd by Ule soh shaahdd.r of Edr Co.npony by unaimous lvritbn cqEc.tt efuive Jun 15.2019a d lai(J rBoldirrs
have noi sinca badl r!l,ol(!d, dnondad or modified
'RESOLVED, t'tai c6dr c, fl. indiyifu.ls mryEd bclrx is auttro.iz.d to ,tlekc, cxoole. s.€l and deliva fo. and on b€halt ot tlo Co.npeny .ny erd 8ll bqds,
und€,takingB or oblatl6tirrs in 3l,lEty or co-3u..ty with cdt€.3: RICHARO M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAI{, S}IARON L. SIMS,
CHRISTOPHER L. SPARRO. MARIANNE L, WISERT
I and bc it ftJrther
RESOLVED, fEt aacfi ot tla indvirual8 na.nd abo/e a8 authqrzd to +pdnt gtbarEysin-fad br tb purposc ot makie, o(acrting, ro{rE -d (blivcing bo,tdg,
undertekinCB o( oui{I.lions in EUllIy or co-iulty lbr ari m b.hdf of tE Cdnpsny.'
3. TIE urdclB€rEd furtl.r cart'ltra h8t tr above Esolutions ai€ trlle and coarcct co(rs ot fE tcadutdl9
lN VIITNESS ffiEREOF, I lEvo h6€unb srt dry hard and amx€d the corpo.d c wt Uis -@-aa1 ot
as W'*20
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po..iuc imp.d otl your .ur.ty cor.r.g. du. lo docttrr.r rr.u.d by OFAC Pl.... r..d dtb l{odc. c.r.fully.
on lh. Unit.d Str.. Trc..ury'. wcb.ilc - htros ,www teasury oov/re.our@.conicrsanclonvsDN Lrst
adhoriznioa trom OFAC oth.r lmntion. on thc pr.mium. and payrncntr msy atto lpPiy
Any oprlducdooa aaa vold.
Sur.t, Cl.hlt Sutmb.lonr L.ronct.imAdmini'tr.riofl O.ompo-ird.co.n
T.l.phoi.: al&65$e6o0 X.[ng Addi..r: Sompo t .it $ond; t2alo L.b.non Aqd; Iouit Jutat, Tt !7122-2t70
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SOMPO INTERNATIONAL
7 rNsuRANCE POWER OF ATTORNEY
Page 2917 of 9661
Exhibit ,.B))
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Page 2918 of 9661
2022 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT
DOCUMENT# L1 50001 61 696
Entity Name: SD SAN MARINO, LLC
Current Principal Place of Business:
2639 PROFESSIONAL CIR #101
NAPLES, FL 34119
Current Mailing Address:
2639 PROFESSIONAL CIR #101
NAPLES, FL 341 19 US
FEI Number: 47-5189790
Name and Address ot Current Registered Agent:
Certificate of Status Desired: No
FILED
Apr 20,2022
Secretary ol State
4135719253CC
COLEMAN, YOVANOVICH & KOESTER, P.A.
4OO1 TAMIAMI TBL N #3OO
NAPLES, FL 34103.3556 US
The above namecl entity submits this statement for the puryose ol changing its rcgisteted office or regislered agent, or bolh, in lhe Slal6 of Florida.
SIGNATURE:
Elect.onic Signature of Registered Agent
Authorized Person(s) Detail :
TitIE MGR
Name STOCK, BRIAN K
Address 2639 PROFESSIONAL CIR #101
City-State-Zip: NAPLES FL 34119
FERBY, JOHN
2639 PROFESSIONAL CIR #101
NAPLES FL 34119
Date
Tile
Name
Address
City-State-Zip
Title VP
Name GELDER, KEITH
Address 2639 PROFESSIONAL CIRCLE STE
101
City-Stale-Zip: NAPLES FL 34119
oak: kat I am a n aghg ndnb.t ot nanagd ol be finned iabiltty conpany at the rceivd ot rrsr@ etpowered to exeete this rpan as raquned by Chaptet 605, Flotida Stalules: aN
that iry nan6 awoarc above, at on an aftachnent with all othat lko onrpoeelad.
SIGNATURE: BRIAN STOCK MANAGER O4I2OI2O22
E ectronic Signature of Signing Authorized Person(s) Detail Date
c!'o
Page 2919 of 9661