Agenda 03/10/2026 Item #16A 3 (Release a Performance Bond in the amount of $31,644 which was posted as a guaranty for Excavation Permit Number PL20220004862 for work associated with Azalea Park)3/10/2026
Item # 16.A.3
ID# 2026-215
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $31,644 which was
posted as a guaranty for Excavation Permit Number PL20220004862 for work associated with Azalea Park.
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 Azalea Park. The As-
Built lake cross sections have been received, and the lake was inspected on January 23, 2026, by the Development
Review Division.
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
$31,644. Development Review staff will issue a Memorandum to the Clerk of Courts upon the Board of County
Commissioners' approval of this item, advising the Clerk of this action.
PREPARED BY: Lucia S. Martin, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
AZALEA PARK
LOCATION MAP
DATE:
TO:
FROM:
RE:
MEMORANDUM
February 24,2023
Martha Vergara
BMR & VAB Senior Deputy Clerk
lvette Monroig, Technician
Growth Management, Development Review
EXP-P120220004862, Azalea Park
Excavation Performance Agreement and Cash Bond (Receipt No. 20231059884)
Attached please find Excavation Performance Agreement and Cash Bond
(Receipt No. 20231059884) for the above referenced project for your safekeeping
lf you have any questions, please call Brett Rosenblum at 252-2905.
Attach ment
RLS #:e3-EK - 01 8ly Due Date:2 -L\ -L>
DATERECEIVED: 2- 2L-L}
REQUEST FOR LEGAL SERVICES
(Please type or print)
02/2212023
Item Resubmitted Previously Yes {NoDate
If Yes, please provide previous RLS #
To: Office of the County Attomey A+r^-ri^-. Derek Perry, Attentron:
From/ritle: Brett Rosenblum, Principal Project lManager
Department / Division: Development Review
Telephone # (Very Important):239-252-2905
Re (i.e. Subject)EX P- P L 20220004862, Azalea Park
BACKGROT_IND OF REQUEST/PROBLEM:
(Describe problem and give background information - be gg!fu,, concise, and articulate)
We have received a Performance Agreement and Exhibit "A" Refundable Bond
(Check No. 0294) for EXP-PL20220004862, Azalea Park.
(
/
DOCUMENTATION:
Are there documents or other infomation needed to review this rnatter?{Yes No
If yes, attach and reference this information:
Attachment 1:
Attachment 2 Exhibit "A" Refundable Bond (Check No. 0294)
Additional Attachments:Evidence of Authority
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way oflegal services')
please review the attached document and advise this office if it is legally sufficient'
Kathynell Crotteau
d ? /to'l o,
Nancy Bradley
Performance Agreement
cc:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 8 day otfu-et-E<<2022 between 3805 TLW. 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 reguire the Developer to post appropriate
guarantees and execute an Excavation Performance Security Agreement stating app cant will
comply with the Excavation Regulations and Excavation Permit No. PL2022OOO4862 (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $31,644.00.
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
2
3
4
6
5.
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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 Developer
executed by their duly authorized representatives this 6
)805
have caused this Agreement to be
day of Qerz^b-r ,2022.
LLCSIGNED ]N THE PRESENCE OF:
Printed Name V.Ia1lc- U[i$r..-lo
By
Sign
ATTEST
,Cryetal l(: t(irr-e' etERK
to legality:
Derek D. Perry
Assistant County Attorney
David Torres, Manager
3805 TLW, LLC
(Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLOzuDA
By:
Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 201 5- I 62
%//,4
Printed Name ftd tI erb"l
-
Exhibit "A"
Excavation Performanc e
Security
EXl,,b,+ lA
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2023 1059884
2023-075557
02/22/2023
$31,644.00
Payment Method
Check
$31,644.00
$0,00
3805 TLW, LLC
7742 Alico Rd
Ft. Myers, FL 33912
Reference Number
PL20220004862
Alicia. Rojas
11785
monroig_i
Amount Paid
$31,644,00
Check Number
o294
Orioinal
Fee
$3 1,644.00
Amount
Paid
$ 3 1,644.00
GL Account
13 1-000000 -220113
CASH ONLY IF ALL C,recll.oc,. il SECURITY FEATUFES LISTEO ON BAC( INOICATE NO TAMPEFING OR COPYING
Droffi! Off
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C@ENTBANKlll3 S.ron Bhrd.
Orarpe ClU, FL 32783
8&146E/631
0294
3805 TLw' LLC
7742 Alico Rd
Fod Myers, FL 33912
PAY TO THE
ORDER OF Gll i er (eu".\ g".rrl9!6,^L-_Cogiqi a4qs
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Exhibit ttB"
Evidence of Signing Authority
2122123,9:59 AM Detail by Entity Name
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ACBAEIoeI]LOtSIale / Division of CorBAIalgIS / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Limited Liability Company
3805 TLW, LLC
Filing lnformation
Document Number L19000278312
FEUEIN Number 844324685
Date Filed 1110712019
State FL
Status ACTIVE
Principa!_Addrcss
7742 ALICO RD
FT. MYERS, FL 33912
Mailing Address
7742 ALICO RD
FT. MYERS, FL 33912
Registered Agent Name & Address
TORRES, DAVID E
7742 ALICO RD
FT. MYERS, FL 33912
Authorized Person(g) Detail
Name & Address
Title MGR
TORRES, DAVID E
7742 ALICO RD
FT. MYERS, FL 33912
Annual Reppds
Report Year
2020
2021
2022
Filed Date
01117t2020
03t1812021
02t0112022
Document lmages
O2l01/2022 .- ANNUAL REPORT View image in PDF format
https://search.su nbiz.org/l nqui ry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=3805TLW
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2122t23.I 59 AM Deta I by Entity Name
O3/18/2021 -.ANNUAL REPORT
Oli 17i2O2O - ANNUAL REPORT
11107/2019 - Florida Limited Liability
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Viow image in POF format
Fr.dJa Dep.rtnent or srar€, D,v's on of co@orstions
https://search sunbiz.org/lnquiry/corporationsearch/searchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=3g0sTLW
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