Agenda 01/13/2026 Item #16A 2 (Clerk of Courts to release a Performance Bond for Excavation Permit Number PL20230003023)1/13/2026
Item # 16.A.2
ID# 2025-4842
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000, which was
posted as a guaranty for Excavation Permit Number PL20230003023 for work associated with Siena Lakes West.
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 its commitments with respect to this
security. The Performance Bond was posted as security for an Excavation Permit associated with Siena Lakes West.
The As-Built lake cross sections have been received, and the Development Review Division inspected the lake on
November 18, 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
$25,000. 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 5512 of 14062
SIENA LAKES WEST
LOCATION MAP
Page 5513 of 14062
SIENA LAKES WEST
EXCAVATION PERFORMANCE AGREEMENT &THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
March, 2023 between Siena Lakes, L 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 al 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 requlre 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. e!!E2923@3 (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 hereof) in the amount of
$25.000.00.
3. 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.
4. 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.
5. The County Manager or designee shall, within sixty (60) days of receipt of
notification'by Deveioper 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.
6. 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
miy call upon the excavation performance security to secure satisfactory
completion, iepair and maintenance of the Excavation Work. The Board shall have
the ;ight to construct and maintain, or cause to be constructed or maintained,
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Page 5514 of 14062
7
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
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 DevelgptBr
executed by their duly authorized representatives lhis/?A
SIGNED IN THE PRESENCE OF
#1 Signature
\ct. *',,^-
Name
Witness Signature
-T1ru.q UD<.,e.Se_
Witness +Z CrinteO Name
d#FE&t
C+ystal K Kinz€*' CtERI(
r
t^ollier eeunty; Flerida
as to form an ality
have caused this Agreement to be
day of March 2023.
SIENA LAKES, LLC
By:
, Chief Financial Officer
Printed Name/Title
(Provide Proper Evidence of Authority)
BOARD OF COUNry COMMISSIONERS
OF COLLIER COUNW, FLORIDA
oo rector,
Review Division,
as designee of the County Manager
pursuant to Resolution No. 2015-162
By:
Derek D. Perry
Assistant County Attorney
H:Uo15U015035 - SL\Wl\Exswuon Sicu Lakcs Wcs 2o22\Revisios\Exqvdion PcfomEc AgEGn - (R.vi$d 2l0l0l).docx
Page 5515 of 14062
EXHIBIT II A"
)X,LA',! kTrdil Performance Security
Page 5516 of 14062
EXHIBIT "A"
* THIS BOND SUPERSEDES ANI)
REPLACf,S TIIE PR]OR BONI)
IssuED AT $r r,780.00. SIENA LAKES, LLC
PERFORMANCE BOND
FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that Bond No
SIENA LAKES, LLC
701 MAIDEN CHOICE LANE, BALTIMORE, IOD 21228
(hereinafter referred to as "Ownef') and
HARTFORD FIRE INSURANCE COMPANY
One Hartford Plaza, Hartford, Connecticut 06155
860€47-5000
30BSBHX056l
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of l4gl$Elyg-IlggsglllDollars (!2tJq@991 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, iointly and severally, firmly by
these presents. Owner and Surety are used for singular or plural, as the cortext requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Excavation Pemit No. e!B@9@39 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 ofthe work and approval by the Counly
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 incuned and shall fully indemnify and save harmless
the County from and against all costs and damages which it may suffer by reason of Owne/s failure to do
so, and shall reimburse and repay the County alloutlay and expense which the County may incur in making
good any default, then this obligation shall be void, otherwise to remain in fullforce and effect.
PROVIDED, FURTHER, thatthe said Surety, forvalue received hereby, stipulates and agrees that no
change, e)dension 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 ofany such change, extension
of time, alteration, addition or deletion to the proposed speciflc 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 tothis Bond, orother documents
shall include any alteration, addition or modilication of any character whatsoever.
I1s-r0541564/11$6m/11
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Page 5517 of 14062
EXHIBIT "A"
lN WTNESS WHEREOF, the parties hereto have caused this PERFORMANCE BONDto be executed
this 8s day of March, 2023.
ttc
if 6rporation)
By:
#1 John
Printed le
(Provide Proper Evidence of Authority)
EMENT
w z
^,fr (PRTNCTPAL)
STATE OF rylcrnJ
COUNW OF 3 Y,*o, t--,
THE FOREGO]NG PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
EfpnvsrcAL pRESENcE oR E or.rltxe NorARrzATroN THrs i'{ onv
5i*
Printed Name/Sisnatu re'LV"{ - tt-ljn$anz,
20 T 3-, BY (NAME OF ACKNOWLEDGER) AS
PERSONALLY KNOVVN TO ME OR HAS PRODUCED
Pubtic - State or frryy]4oo1
J h-li.Sr-,
By:
BY MEANS OF
OF fl\un lr,r-
(NAME OF COMPANY) \ /l-ro rS
AS IDENTIFICATION.
ffITLE) OF' v(/A
.'tt
Hartford Firc Insurance Company
Printed rety and Title if Corporation) .
I
1
s
;?lno
f-
4,14t
Name/Signature
Ann Hamby
#2 Name/Signature
Nicara Partlow
ACKNO\A'LEDGMENT
(sURETY)
STATE OF GEORGIA
COUNWOF COBB
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME BY MEANS OFE pnvsrcAL pRESENcE oR D orullrue NorARtzATsgll 11119 8th DAy OF March
R$llc
Bd&norr
fumlsdcn
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o
a
Lisa A. Plesg Attorney-In-Fact
Printed Namef itle
(Provide Proper Evidence of
20_23 , BY (NAME OF ACKNOWLEDGER) AS (TTTLE) OF (NAME
ME OR HAS pR6Du6EgPersonally Known 45
OF
PERSONALLY KNOWN TO
Public
SEAL
Name
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Page 5518 of 14062
POWER OF ATTORNEY
A racl lnqu irieslotaims to :
THE HARTFORD
BOND, T-I1
Ooe Hartford Plaza
H.rdord, Connocticd 061 55
Bond.Clajms@thehanford com
KNOW ALL PERSONS BY THESE PRESENTS THAT:
calr: 888-28613,188 or fdxr 880-757-58:'5
Ag€ncy iaame: IlllLrs ToaERs llATSoN SoUTflEAST INC
Ag€ncyCode:20-260941
x
x
x
llartford Fir€ lnsu.ance Company, a corporation duly organiz€d undcr lhe laws oflhe Stste ofconnecticut
Hartfod Casualty ln3urance Company, a corporation duly organizcd un&r rhe laws ofthe State of lndiana
Hartford Accide and lndomnity Company, a corporation duly orgaDiz€d under lhe laws ofthe State ofconnecticut
Hartlord Undel riteB lnsurance Company, a corporation duly organized undrr the laws ofthe State ofconnecticut
Twin City Fill lnsuranco Company, a corporation duly organized under the laws ofthe Stat€ oflndiela
llartiord lnsurance Company of lllinoi3, a corporation duly organized und€I rhe laws oflhe State oflllinois
Harttofd lnsurance Company of the fidrest, a corporation duly organized under the laws of$e State of lndiana
Hartford lnsurance Company of the Southgast, a corporation diy organizcd under the laws ofthc State ofFlorida
having their home oftce in Hartford, Conneclicot, (hereinafl€r collGctively refuned to as the'Companies') do hereby make, constituE and appoint,
tD bthe qnounaof Unlirnited :
Debbie Mant.ooth and Ann Hanby of Birmingham, AL and Lisa A. Pless, Chaun M. Wilsonof ATLANTA, Georqia
their true and laMul Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign ils narne as surety(ies) only as
delineated abov€ by E, and to execute, seal and acknowledge any and all bonds, un&rtakings, contracG and other written iostrurn€nts in the
nature thereof, on behaf of the Companies in thoir business ofguaranteeing lhe fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any aclions or proceedings allowed by law.
lo tlUltness Mrerlof, and as authorized by a Resolution of the Board of Dreclors of th€ Companies on May 23, 2016 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly atiested by its Assistant
Seqetary. Further. pursuant to Resolution of the Board of Directo6 of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Atto.ney,
S4ah t)77,"',
Shelby Wiggins, Assistanl Secretary Joelle Vice President
74nl {4
SIATE Of FTORIOA
cou w or sEM[toLE
ss. Lake Mary
On thi6 20th day of May, 2021, before me personally came Joelle LaPierE, to me known, who being by me duly swom, did depose and say: that
(s)he resides in Seminole County, State of Florid4 that (s)he is th€ Assislant Vice President of lhe Co.npanies, the corporations described in and which
executed the above instrumenl; that (s)he knot/'/s the seals of tlE said corporations; that the seals afrxed to the sail instrument are such corporate seals;
that they were so afrxed by authority of the Boards of Direclors ol said corporations and lhat (s)he signed his,lher name thereto by lke authority.
f . l. :'.--
;
l, the undersigned, Assistant Mc6 President of the Companies, DO HEREBY CERTIFY that the above and loregoing is a true and correct
copy ol the Power o{ Attomey executed by said Companies, which is still in tullforce effective as of March 8. 2023
/av
trlt
lt?9 ,e?t
Signed and sealed in Lake Mary, Florida
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My Cotmi$iotr HH 122280
Expircs Jw 20, 2025
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Keith D. Dozois, Assistant Vice President
Page 5519 of 14062
Exhibit ttB"
Evidence of Signing Authority
Page 5520 of 14062
z
Erickson
SENIOR LIVING"
February 7 , 2023
Collier County Growth Management Department
2800 North Horseshoe Drive
Naples, FL 34104
Ladies and Gentlemen:
This is to certify that Christian Sweetser and John D. Hall are officers of Siena Lakes,
LLC pursuant to the Written Consent of Member of Siena Lakes, LLC dated
March 1, 2022 (attached), and are duly authorized to execute any and all development
agreements, bonds, extension requests, escrow agreements, or other documents
required by Collier County on behalf of Siena Lakes, LLC. This certificate is effective
January 1-,2023 and remains in effect until a notice of revocation is issued.
Sincerely,
SIENA LAKES, LLC
By: Erickson Living Properties tl, LLC, its Manager
d//a*,t 0/,*By:
Susan L. Oliveri, Secretary
Attachment (1)
STATE OF MARYLAND,/ COUNTY OF BALTIMORE ss:
bu g.57,rU
, a Notary Public in and for the State and County
Oliveri, whose name is signed to the foregoing
before me in the State and County aforesaid and
Given under my hand ,n, ?t day of February, 2023,
aforesaid, do hereby certify that Susan L
instrument, this day personally appeared
acknowledged the same.
lll
M
My commission expir
coMMtSStOit
EXPIfiES
JAN- 23, 26
P* n4 fia,)
MY Notary Public (SEAL)
83250-1
7O1 Maid€n Choice La ille, MD 21228 I EricksonseniorLiving.com
Page 5521 of 14062
WRITTEN CONSENT OF, MEMBER
OF
ELP ASHBURN, LLC
SIENA LAKES, LLC
WINDSORRUN,LLC
THE UNDERSIGNED, being the Member of the above named entities, Marylandlimited liability companies (the "Named Entities',), acting pursuant to Section 4A404 of theCorporations and Associations Article of the Annotaied coie of Maryland, -a trr" i".., ormoperating Agrcements of the Named Entities, consents to the following *tio. t"t"n
",itiloJ
trr"necessity of any fornal meeting being held:
WHEREAS: the Member hereby appoints officers for the Named Entities.
Now' TrIE'REtr'oRE, BE rr RES.LVED: that the persons listed on Exhibit A,attached and incorporated hereto, are hereby elected to hold the positions and offices listed nextto their name for the entity therein indicated until the next annual election and until theirsuccessors are duly elected and qualified;
FURTHER RESoLVED: that this Resolution shan be filed with the min'tes of theNamed Entities;
F'URTI*R RESOLVf,D; that the officers of the Named Entities, or any one of themacting alone, be authorized .. d:.*g perform all_ steps as may b. ;*16,;-;;;;;,convenient to carry out the intent ofthe forigoing resolutions.
t4
Executed as of the / q
day of March ,2022.
ERICKSON LTVING PROPERTIES II, LLC
B d,re-{-U*k'
Susan L. Oliveri
Secretary
8t324f1
Page 5522 of 14062
EXIIIBIT A
ELECTIONS OF OFFICERS
ELP Ashburn. LLC
Officers
R. AIan Butler:
Debra B. Doyle:
Christian Sweetser:
John D. Hall:
Susan L. Oliveri:
Siena Lakes. LLC
OfEcers
R. AIan Butler:
Debra B. Doyle:
Christian Sweetser:
John D. Hall:
Susan L. Oliveri;
Chris Rathmann:
Neal Ganlert:
Mark Embley:
Windsor Run. LLC
Officers
R. Alan Butler:
Debra B. Doyle:
Christian Sweetser:
John D. Hall:
Susan L. Oliveri:
Chris Rathmann:
Neal Gantert:
Mark Embley:
ChiefExecutive Officer
Chief Operating Ofticer
Chief Financial Oflicer
Treasurer
Secretary
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Treasurer
Secretary
Assistant Treasurer
Assistant Treasurer
Assistant Treasurer
Chief Executive Officer
Chief Operating Officer
Chief Financial Officer
Treasurer
Secretary
Assistant Treasurer
Assistaot Treasurer
Assistant Treasurer
28t324-1
Page 5523 of 14062
Exhibit ,c"
Opinion of Probable Cost
Page 5524 of 14062
SIENA LAKES WEST
PERFORMANCE CALCULATIONS
Soil Type: The first 16 feet from ground surface elevation is loose to medium dense,
relatively clean sand. We do not anticipate penetrating the limerock layer with the lake
excavation, therefore for these calculations it is assumed a 1OO% SAND.
Total lake bank perimeter = 589 LF for Lake 5
Performance Guarantee is: 589 ft x $20lft = $11,780
eB RY
by W. Terry
.com,
esls, e=',Hote
, L=Naples,
C=US
1 1.03
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W. Terry Cole, P.E. #42347
HOLE MONTES, INC.
950 Encore Way, Suite 200
Naples, Florida 34110
(239) 254-2000
HM Authorization #1772
No.42347
*
STATE
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Page 5525 of 14062