Agenda 07/14/2020 Item #16A28 (Release Performance Bond - Esplanade Golf & Country Club)07/14/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$497,800, which was posted as a guaranty for Excavation Permit Number 60.084.1,
PL20130000686, for work associated with Esplanade Golf and Country Club of Naples SDP #1.
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. A Performance Bond No. 1091823 in the amount of $1,000,000, and Performance Bond
No. 1093818 in the amount of $497,800 were posted by the Applicant to cover the work associated with
Excavation Permits No. 60.084 (PL20120001253), and 60.084.1 (PL20130000686), within Esplanade
Golf and Country Club SDP #1. It has been determined that lake cross-sections and final inspections for
all lakes can be completed under Excavation Permit No. 60.084 (PL20120001253); therefore, Permit No.
60.084.1 (PL20130000686) can be closed out, and Performance Bond No. 1093818 in the amount of
$497,800 can be canceled.
FISCAL IMPACT: There is no fiscal impact associated with this action.
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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $497,800. 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.28
Packet Pg. 1294
07/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.28
Doc ID: 12610
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $497,800 which was posted as a guaranty for Excavation Permit Number 60.084.1,
PL20130000686, for work associated with Esplanade Golf and Country Club of Naples SDP #1.
Meeting Date: 07/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
06/09/2020 9:55 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
06/09/2020 9:55 AM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/09/2020 11:00 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/09/2020 3:20 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 06/10/2020 8:17 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 06/10/2020 8:17 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 06/10/2020 10:16 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 06/10/2020 12:11 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/10/2020 4:57 PM
County Attorney's Office Derek Perry Additional Reviewer Completed 06/11/2020 10:50 AM
Growth Management Department James C French Deputy Department Head Review Completed 06/11/2020 10:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/11/2020 10:58 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/11/2020 5:13 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/15/2020 1:46 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 07/06/2020 3:39 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
16.A.28
Packet Pg. 1295
ESPLANADE GOLF AND COUNTRY CLUB
SDP #1
LOCATION MAP
16.A.28.a
Packet Pg. 1296 Attachment: Location Map (12610 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
Bond No. 1093818
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Taylor Morrison Esplanade Naples, LL C
551 North cattlemen Road. Suite 200
Sarasota. Florida 34232
(hereinafter referred to as "Owner'1 and
Lexon Insurance Company
12890 Lebanon Road
Mt. Juliet. TN 371 22
(615)553-9500
(NAME OF OWNER)
(ADDRESS OF OWNER)
(ADDRESS OF OWNER)
(NAME OF SURETY)
(ADDRESS OF SURETY)
(ADDRESS OF SURETY}
(TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County'i in the total aggregate sum of Four Hundred Ninety-Seven
Thousand Eight Hundred and 00/100 Dollars ($497,800.00) 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 and
has received approval for an Early Work Authorization and certain excavation requirements
(PL20130000686) for the project named Esplanade Goff and Country Club of Naples and that
certain subdivision 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 final
acceptance by the Board of County Commissioners of the specific improvements described in the
Land Development Regulations (hereinafter the "Guaranty Period").
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.
16.A.28.b
Packet Pg. 1297 Attachment: Bond Basis (12610 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
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 perfonnance 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.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this Z'/fJ.. day of May, 2013.
WITNESSES:
By:
Printed John Asher
By:
Printed Name:
STATE OF FLORIDA
COUNTY OF �ra JJ.4
(Owner Name and Title If Corporation)
Taylor Morrison splanade Naples, LLC
,·')
Printed Nameffit1e: Tony Squitieri, Vice Presfdent
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS ;J.3
DAY OF M. 4.Ar , 2013, BY Tony Squitieri AS Vice President OF Taylor Morrison
Esplanade, LLC, WHt1 IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED ____ _
AS IDENTIFICATION.
Notary Public -State of Florida (SEAL) /() /J A , ) /}/)'JI-I__ �/!.� DE80RAH K. BECKETT
DEBORAH K BECKETT
ti{ COMMISSION #EE121671
EXPIRES: AIJO 14, 2015
111,r.'Abj�IIIIIJ-•
16.A.28.b
Packet Pg. 1298 Attachment: Bond Basis (12610 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)
Printed Name
WITNESSES:
By:
Printed Name: Peggy Ginem
' ·-·· ··;--, , J' -, .,,� 1 ' .. . . • i • ' • � • • By:'--.. > ..... 1.· r:: .,: ' .... { ... -:-' ��r ,-r ·(' �,.,-l
Printed Name: Diane Sldebotham
(Surety Name and Title if Corporation)
Lexon Insurance Company
By:
Printed Namemtle: Anett Cardinale, Attomey-in-Fact
& Florida Licensed Resldent·Agent
(Prov!de Proper Evidence of Authority)
ACKNOWLEDGMENT
ST ATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 21 st DAY
OF May. 2013, BY Anett Cardinale AS Attorney-in-fact OF Lexon Insurance Company, WHO JS
PERSONALLY KNOWN TO ME, OR HAS PRODUCED PerJonally known AS IDENTIFICATION.
Notary Public - State of Florida
(SEAL)
A
/ ,/ . " i -· 1-1 ., --, .. /t1/(0-l.{i4,1/{,[ 4··: •:Y(jlA--1 ' -;"'r P..finted Name -Marianella Bamola 1 - '--i'
16.A.28.b
Packet Pg. 1299 Attachment: Bond Basis (12610 : Excavation Bond Release - Esplanade Golf and Country Club of Naples SDP #1)