Agenda 04/28/2026 Item #16A 2 (Release a Performance Bond in the amount of $71,140 which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Rivergrass North – Phase 1A)4/28/2026
Item # 16.A.2
ID# 2026-743
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $71,140 which was
posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Rivergrass North –
Phase 1A. [PL20230001447]
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for
early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been
inspected, and the developer has fulfilled his commitments with respect to this security. The performance security was
posted as security for clearing and site filling associated with an Early Work Authorization (EWA) for Rivergrass North
– Phase 1A (PPL PL20220007569). The PPL was approved by the Board of County Commissioners on February 27,
2024, and the EWA bond is no longer required. A recent inspection confirmed that the developer has fulfilled the
commitments of the EWA.
This item is consistent with the Collier County strategic plan objectives to operate an efficient and customer-focused
permitting process.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as a development guaranty and released
after work is performed.
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
$71,140. Development Review 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
RIVERGRASS NORTH – PHASE 1A
LOCATION MAP
EARLY WORK PERFORMANCE AGREEMENT
lS EARLY WORK PERFORMANCE AGREEMENT entered into this 5t day ofllol,t , 2023, between LENNAR HOMES, 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 early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section 10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20230001447 (the "Early Work Permit").
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forlh, Developer and the Board do hereby covenant and agree as follows:
'1. Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to insure
satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early Work
Regulations.
The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval of the Early Work; or b) notify Developer in
writing of his refusal to approve the Early Work, therewith specifying those
conditions which Developer must fulfill in order to obtain the County Manager's
approval of the Early 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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 Early Work. The
Developer, as principat under the early 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
2
3
b
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $71.'140.00.
4.
7
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.
caused to be
2023.
PRESENCE OF:(Name
a
By:
Scott Edwards, Vice President
executJl#'il:rffi flTfiff ="I::;,,33j1[;x:ff f ',"]Te""day of ffialryment
SIGNED
Sign:
Printed Name
Printed Name
#FFES;P
ffi
Derek D. Perry
Assistant County Attorney
nar Homes, LLC
lity company
BOARD OF COLINTY COMMISSIONERS
OF , FLORIDA
By:
Jaime Cook, Director
Development Review Division
as designee of the County Manager
pursuant to Resolution No. 201 5- I 62
Sign D"J (
$ari/ (os or.ic>
Performance Security
EXHIBIT II A''
FIDELITY GUARANTY AND ACCEPTANCE
5505 BLUE LAGOON DRIVE, 7TH FLOOR WEST
MIAMI, FLORIDA 33126
PHONE (305)553-8724
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ISSUER:FIDELTTY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER "ISSUER")
5505 BLUE LAGOON DRM,7TH FLOOR WEST
MIAMI, FL 33t26
PHONE (30s) ss3S724
DATE OF ISSUE:
PLACE OF EXPIRY:
DATE OF EXPIRY:
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APRIL 10,2023
AT ISSUER'S COUNTERS LOCATED AT 5505 BLUE LAGOON DRIVE, TTH FLOOR WEST, MIAMI,
FL 33126
THIS CREDIT SHALL BE VALID UNTIL APRIL IA,2024, AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY
OF THE ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY
DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING BY REGISTERE.D MAIL THAT
THE ISSUER ELECTS NOT TO RENEW THIS CREDIT
LENNAR HOMES, LLC (HEREINAFTER "DEVELOPER")
IO48T SIX MILE CYPRESS PARKWAY
FORT MYERS, Ft 33966
THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA
(HEREI NAFTER'BENEFICIARY')
C/O GROWTH MANAGEMENT DEPARTMENT
2EOO NORTH HORSESHOE DRIVE
NAPLES. FL 34I04
UP TO AN AGGREGATE AMOUNT OF $.7I,I4O.OO (SEVENTY-ONE THOUSAND ONE HUNDRED
FORTY AND OO/1OO US DOLLARS)
ISSUER
APPLICANT:
BENEFICIARY:
GUABA
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GUABA
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AN}Y AI
GI]ARA
CREDITAVAILABLE
WITH:
BY: PAYME,NT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT
SIGHT DRAWN ON THE ISSUER
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWI{ ON THE ISSUER A-II{D PRESENTED
AT PLACE OF EXPIRY ACCOMPAI\IED BY BENEFICIARY'S STATEMENT PURPORTEDLY MANUALLY SIGNID AND
DATED BY THE COUNTY MANAGE& OR HIS DESIGNEE" CERTIFYING THAT:
"(I) DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT
CERTAIN PLAT OF A SUBDryISION KNOWN AS RIVERGRASS NORTH . PHASE IA EWA AS REQUIRf,D BY COLLIER
COUNTY ORDINANCES AI\D RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS"); (II) DEVELOPER HAs
BEEN GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT IN REASONABLE
DETAIL BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; AND (IID THE DEFAULT HAS NOT BEEN CURED
WITHIN THE CURE PERIOD PROVIDED FOR THEREIN, IF ANY.'';
OR
B. *A FrNAL TNSPECTTON OF THE TMPROVEMENTS FOR RTVERGRASS NORTH - PHASE lA EWA AS REQUTRED By
CoLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE *L.AND DEVELOPMENT REGULATIONS")
SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND A
SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND ACCEPTED BY THE
BENEFICIARY."
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DocuSign Envelope lD: 0A23C500-F270-451 9-9896-70FD8848594F
WRITTEN CONSENT TO COMPANY ACTION
BY SOLE MEMBER OF
LENNAR HOMES, LLC
DECEMBER2t,2022
The undersigned, being the sole member of Lennar Homes, LLC, a Florida limited liability
company (the "Company"), does hereby waive any and all requirements for notice of the time,
place and purpose of the special meeting of the member of the Company and does hereby agree
and consent to the adoption of, and does hereby adopt, the following resolutions and the actions
specified therein:
RESOLVED, that SCOTT EDWARDS be, and hereby is, elected to the
office of Vice President of the Company, to serve the Company in such capacity
until the next annual meeting of the Member of the Company, or until a successor
is duly elected and qualified or until his earlier resignation or removal from office;
and further
RESOLVED, that the authorities hereby conferred shall be deemed
retroactive, and any and all acts taken by Scott Edwards as Vice President of the
Company be, and they hereby are, approved, ratified and confirmed in all respects.
A facsimile or PDF of a signature to this Written Consent shall be deemed and treated for
allpurposes of execution to be as valid as an original signature thereto.
IN WITNESS WHEREOF, the undersigned have executed this Written Consent in order
to give their consent thereto effective as of the date first above written.
SOLE MEMBER:
U.S. HOME,LLC,
a Delaware limited liability company
by:
llarL Srstarna.
Mark lce President
By