Agenda 12/09/2025 Item #16A14 (Clerk of Courts to release a Performance Bond in the amount of $140,340, which was posted as a guaranty for Excavation Permit Number PL20200002244 for work associated with SkySail – Lake 5)12/9/2025
Item # 16.A.14
ID# 2025-4635
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $140,340, which was
posted as a guaranty for Excavation Permit Number PL20200002244 for work associated with SkySail – Lake 5.
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 SkySail – Lake 5. The
As-Built lake cross sections have been received, and the Development Review Division inspected the lake on October
23, 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
$140,340. 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 2920 of 9661
SKYSAIL – LAKE 5
LOCATION MAP
Page 2921 of 9661
SKYSAIL - LAKE 5
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 22nd day of
October, 204 between I Communities of Southwest Florida 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
iomply with the Excavation Regulations and Excavation Permit No. f L AD7000O L.2 +"1
(the "Excavation Permit").
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 hereofl in lhe amount of $140.340.00.
In 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 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 Excavatron 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
5
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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:
The Excavation Work shall not be considered complete until Developer notifies the
County that the Excavation Work is complete and the final Excavatron Work is
reviewed and approved by the County Manager or designee for compliance with
the Excavation Regulations.
6.
Page 2922 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.
Neal munities uthwest Florida, LLC
By
Printed Name \/eronica McGuire
ames R. Schier, Vice President
(Provide Evidence of Authority - Attached)
Printed Name
ATTEST:
cheryl Picctrlo
BOARD OF COUNry COMMISSIONERS
7
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this i}-1 day of October, 2020.
n
OF
By:
COLLI COU N RIDA
Crystal K. Kinzel, CLERK
La .t
asd esrgnee of the County Nlanager
pursuant to Resolution No. 2015-162
By
Clerk of the Circuit Court & Comptroller
Collier County, Florida
oved fo d legality
Dorrk rry
Assistant County Attorney
c \u*o!$hi"uppD!tr\ta.lvuicro$fi\windo*vN.rrche\cor..r ourlsk\oDRgR6ycGxqvdon p.rfmrne
^gEmor (R.vrs.d by cc 20 r s) (20 r 022) (@2) d6
SIGKE-N\THE PRESENCE OF:
1r..-.._
C---
Page 2923 of 9661
Bond No. c53250163
EXHIBIT A
SKYSAIL LAKE 5
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: thAt
NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC
58OO LAKEWOOD RANCH BOULEVARD
SARASOTA, FLORIDA 34240
(hereinatter referred to as "Owner") and
Great American lnsurance Company
30'l E Fourth Street
Cincinnati, OH 45202
(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 Forty Th usand. Three Hundred
ForW Dollars (S140.340.00) in lawful money of lhe 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 contexl
requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for
the Board a certain Excavation Petmjt Np,Afu) LOIIAAX-44 and that certain excavation
approval by
permit shall
include speciflc improvements which are required by Collier County Ordinances and Resolutions
(hereinatter "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 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.
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Page 2924 of 9661
lN WITNESS WHEREOF, the parties hereto have caused thas PERFORMANCE BOND to be executed
this 28th day of @lQEg!../g4
WITNESSES Owner Name nd Title if Corporation)
Neal nities
Signatu
Printed
Signatu
re By
allon mes R. Schier,Sr. Vrce President
(Provide Evidence of Authority - Attached)
Printed Namer ChcrYl Picemq
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF SARASOTA
THE REGOING PERFORI\i]ANCE BOND WAS ACKNOWLEDGED BEFORE ME BY
SICAL PRESENCE OR f] ONLINE NOTARIZATION THIS .?-I DAY OF
I\,1EAN OF
HYn-D-, BY James R Schier (NA|\4E OF ACKNoWLEDGER) AS Sr. Vice President (TITLE) OF Neal
Communities of Southwesl Flonda. LLC NAI\,4E OF COIVIPANY LY KNOWN TO I\,4E
OR HAS PRODUCED OF AS IDENTIFI ATION
srArE oF €lou.d..
couNTY oF --E,-,astfva
(Signature of person tak{ng acknowledgement)
Veronica McGuire
"ZWY::
SEAL
Signature
Pr nted ame: Jerri Keller
Signature t*!* ^b^,r,
(Name typed, printed or stamped)
(Title or rank)
(Serial number, if any)
Great American lnsurance Company
By [L-v:o-
(Provid
nya L.Russo, Attorney-in-
e Proper Evidence of Auth
e:''\ vER0NtcA McGUIRF
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I A lL
WITNESSES: )t
Printed Name Helena Beam
,j
Page 2925 of 9661
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OF
E pHystcAl PRESENCE OR fl ONLTNE NOTARTZATTON TH|S 28rH DAY OF October, 2020, BY
Tanva L Russo (NAlVlE OF ACKNOWLEDGER) AS Attornev-in-Fact (TITLE) OF Great American
lnsurance Companv (NAIvlE OF COMPANY) WHO lS PERSONALLY KNOWN TO ME, OR HAS
PRODUCED OF AS IDENTIFICATION
STATE OF FLORIDA
COUNTY OFHILLSBOROUGH
re of g acknowledgement)
typed, printed or stamped)
SEAL Notary
(Title or rank)
GG304044
(Serial number, if any)
l,I-IIS 02650i 7
(sis
MAFY IINGIEY
NO?AFY PU8I.jC
8IA'E OF FLOBDA
M). CG 30404/t
IY dI'ISSION EXPIBES MAR,
I1s-rDs 01664/11s3600/11
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Page 2926 of 9661
GREAT AMERICAN INSURANCE COMPANY@
Administrative Oftice: 3ol E 4TH STREET ' CINCINNATI, OHIO 45202 ' 513-369-5000 ' FAX 513'723"27 &
Thc number ofpcrsons authorizcd by
this power ofanomey is nol more than FOUR
No 0 21328
POWER OF ATTORNEY
I{.{OW AIL Mf,N BY THESf, PRESE\TS: Tha! the GREAT AMERICA,\" INSURAN( l': COMPANY, a coq'oration orgarized arld crisdng uriler
and by vinue offte la$s of $€ State ofOhio. does hereby nominate. constitulc and appoinl fie person or persons named below. c h individually ifmore thall
onc is named- its l]-ue and lawful auomey-in.fact. for it and in its Dame. place and slead 10 execut. on b€half of tb€ s,aid Company. as surety. ary and all bond\.
uDdcrrakings and contracls ofsuretyship, or oth$ wrillen obligations in thc nature fierq)f: provided that the liabilily of$e Mid ('ompany on any such bond.
uDdertaking or contract of surctyship executed under this authority shall not exceed the Iitnit staled bolow.
FREDERIC M ARCHERD, JR
TANYA L. RUSSO
RICHARD P RUSSO, JR.
MARY I\,iARTHA LANGLEY
This Powcr of Attomey revokes all prcvious powers issued on behdlfofthe atomcy(slin-lacl named abovc.
IN WITNESS WHLREOF the GRUATAVERI( AN INSTJRANCE COMPANY has caused drcse presents !o be signed and atGsted by irs appropriattr
otficers and its corporare s€al hcrcurto aflixcd ttis 18TH day of JUNE 2019
a_il/,**
ALL OF
TAMPA. FLORIDA
LimitofPou€r
$100,000,000
(;RI.{T A\II:RI( A\ I\SI,CE (I)\'IPA\\'
t
D^6unulS"ntut tti trrsd. !
STATE OF OH (). COUNTy Ol HAMIIJON _ ss: MABK vlcABro (377'377-2405)
On this 18TH day of JUNE 2019.b€forenr.r--rsonallyappearcdMARKvlcARlo.mmeknowl.
bein8 duly s{om. deposes and says that he r€sidcs in Cincinmti. Ohio. thal he is a Divisional Senior Vice President of lhe Bond Division of(;real Amcrican
lnsurance Company. rhc Company described in dnd which exccured the above instrumenl ihat he knows the seal o f lic said Company; that the sea I alli xed lo the
srid instrument rs such corporalc seal; that i1*as so aflixed by authority ofhis omce under lhe By-Lau s ofsaid Cbmpany, and $a! hc si€Bed his name drerelo
by likc authority.
SUSAN A KOHORST
$ot!r, Public
Stlte ol ohlo
I4y Conm. Elplr6
,r.y 18, 202t
n4**A/*
This Po$er ofAuorncy is lranted by authority otthe following resolutions adopted by thc lloard of Dircclors of (ireat Amcrican Insuramc Company
by unanimous wi11en cons!'nt datcd June 9, 2008.
RESOI.l'L:D: That the Dirisionql Pr.sident, the se\eral Di|isional Senior rl:e Prc:idents. Diisional nce Prcsidents and Ditisonul ,lssi:tant ,Irc
Ppsidents. or o oneofthen, be and hercbt is arthoti.cd, .fiom nme b time, to appaint one or dtu,l: Attornels in-Foct to etecure on heholfo[rhe Company
the respectirc li ib af &eir authorir,: andto rcvoke an! luch dppointnpnt atan!tine.
RtSOl,l'ED FURTIIER: 1101 the Conpanr s.al and the signoture of a^ <)f the aforesaid ofrcz$ an.l un\ Seo4an or.lssistant Scietam of thc
( ul{ I tHC-\l I()\
l. STllPlili\ (' IllillAllA- Arsisrrnl Secrer:rrv ol (ircat Anr.ri .rnd
thc Resolutions oflhe Board o[ Direclors ol Junc 9. 2008 have not bccn rcv
Sig)cd and sealcd rhis 2ga day 01 0&
flhri
1
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N)AA)
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Page 2927 of 9661
Soil Type: The first 12 -14 feet from ground surface elevation is very loose to medium dense,
relatively clean sand with a layer of more silty sand undemeath the clean sand. We do not
anticipate penetrating the limerock layer with the lake excavation. therefore for these
calculations it is assumed a 100% SAND.
'fotal lake bank perimeter : 7,017 LF for Lake 5
Perfbrnrance Guarantee is: 7,0 | 7 tl x $20lft : S140,340
Barry E. Jones
c=U5, st=FLORIDA,
l=Naples, o=Hole
Montes, lnc., cn=Barry
E. Jones,
email=barryiones@hm
eng.com
2020.1 1.03 15:33:32
-0s'00'
Barry E. Jones, P.E.
State of Florida #52675
Hole Montes, Inc.
950 Encore Way, Suite 200
Naples, Florida 341 l0
HM Authorization # 1772
\\Hm-data\hmdala-np2U0l7U0l7O0l\wP\EXCAVATION\EXCAVATION 2020 - LAKE 5\SkySail Lakc 5 Excavation Bond Calcularions
201022 docx
SKYSAIL LAKE 5
Performance Calculations
No 52675
STATE OF
Page 2928 of 9661
12t15t2020 Oetajl by Entity Name
DtvtstoN oF CoRPoRATtoNs
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Detail by Entity Name
Florida Limited Liability Company
NEAL COMMUNITIES OF SOUTHWEST FLORIDA, LLC
Filing lnformation
Document Number L09000'120732
FEI/EIN Number 27-1576866
Date Filed 'l,211812009
Effective Date 10/19/1995
State FL
Status ACTIVE
Last Event CONVERSION
Event Date Filed 1211812009
Event Effective Date '1213012009
Principal_]k|![ess
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Changed: 0311512013
Mailing Address
58OO LAKEWOOD RANCH BLVD
Sarasota, F134240
Changed: 0311512013
Begistered Agont Name & Address
SCHIER, JAMES R
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Address Changed : 031 1 51201 3
Authorized Personls) Detail
Name & Address
Title N,4GR
NCDG MANAGEMENT, LLC
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
search.sunbiz.org/lnquiry/corporationsearch/searchResultDetail?inquiMype=EntityName&directionType=lnitial&searchNameorder=NEALcoMMUNI
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Page 2929 of 9661
12t15t2020 Detail by Entity Name
Title P
Title VP
SCHIER, JAiilES R
58OO LAKEWOOD RANCH B
Sarasota, FL 34240
S
H Ell,,4,S
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Sochar, Mark
58OO LAKEWOOD RANCH BLVD
Sarasota, FL 34240
Title VP
Puente, Carlos
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
Ciofii, Kathy
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
Clark, Chris
58OO LAKEWOOD RANCH BLVD,
Sarasota, FL 34240
Title VP
Collier, John
58OO LAKEWOOD RANCH BLVD.
Sarasota, FL 34240
Title VP
Cronshaw, Tashara
search sunbiz.org/lnquiry/CorporationSearch/SearchResultoetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=NEALCOMMUNI 2t4
(
STOREY MICHAEL A
58OO LAKEWOOD RANCH BLVD.
SarasoJafES4z4O\
\
Page 2930 of 9661