Agenda 12/08/2020 Item #16A29 (Release of Performance Bond for Sabal Palm Quarry)12/08/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$364,865 which was posted as a guaranty for the restoration of the over-excavated portion of Sabal
Palm Quarry associated with Excavation Permit No.'s 59.201 and 59.204, PL20110001386.
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 Performance Bond was posted as a security for the over-excavated portion of Sabal
Palm Quarry associated with Excavation Permits No. 59.201 and 59.204, per the Restoration and
Settlement Agreement dated April 28, 2020. The developer has fulfilled his commitments with respect to
the terms of the agreement and the property has been inspected on October 19, 2020, by the Development
Review Division.
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 $364,865. 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. Performance Bond (PDF)
3. Restoration and Settlement Agreement (PDF)
16.A.29
Packet Pg. 1750
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.29
Doc ID: 14002
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $364,865 which was posted as a guaranty for the restoration of the over -excavated
portion of Sabal Palm Quarry associated with Excavation Permit No.'s 59.201 and 59.204,
PL20110001386.
Meeting Date: 12/08/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/21/2020 1:57 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
10/21/2020 1:57 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/21/2020 3:53 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/22/2020 8:51 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/22/2020 11:55 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/29/2020 6:11 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/02/2020 9:51 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2020 3:02 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:50 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/04/2020 9:42 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/04/2020 9:50 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 11:01 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2020 8:50 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/24/2020 3:31 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.A.29
Packet Pg. 1751
SABAL PALM QUARRY
LOCATION MAP
16.A.29.a
Packet Pg. 1752 Attachment: Location Map (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16.A.29.b
Packet Pg. 1753 Attachment: Performance Bond (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16.A.29.b
Packet Pg. 1754 Attachment: Performance Bond (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16.A.29.b
Packet Pg. 1755 Attachment: Performance Bond (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16.A.29.b
Packet Pg. 1756 Attachment: Performance Bond (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16.A.29.b
Packet Pg. 1757 Attachment: Performance Bond (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
i 6 A 3 2
RESTORATION AND SETTLEMENT AGREEMENT
THIS RESTORATION AND SETTLEMENT AGREEMENT (the "Agreement")
ctismadeandenteredintothisDof /1".1) I.2020, by and between Winchester
Land, LLC, a Florida limited liability company, and its successors and assigns,
Winchester"), and Collier County, Florida, a political subdivision of the State Florida
the "County"). Winchester and County may hereafter be collectively referenced as the
Parties."
WHEREAS, Winchester Land, LLC is the fee owner of certain real property
within Section 20, Township 50 and Range 27, Collier County, Florida, described in the
Special Warranty Deed dated April 27, 2018 and recorded in Official Records Book 5508
Page 3314 et al., and commonly referred to as the "Sabal Palm Quarry" or "Sander's
Mine;"and
WHEREAS, Conditional uses and provisional uses for mining were approved for
Sander's Mine in PU 84-21C and Resolution Nos. 91-258 and 92-174; and
WHEREAS, excavation permit numbers 59.201 and 59.204 (AR-6070 converted
to PL201100001386)were approved for the Sabal Palm Quarry; and
WHEREAS, prior owners of the Sander's Mine excavated outside of the
permitted area; and
WHEREAS, Code Enforcement Case CESD20180014546 is currently pending to
address the over-excavation; and
WHEREAS, Winchester provided to County a Sabal Palm Remediation
Excavated Areas Plan dated October 2019 and prepared by Hole Montes, Inc. which
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16.A.29.c
Packet Pg. 1758 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
1 6 A 3 2
illustrates the excavation and clearing that exceeded the conditional uses and excavation
permits, a copy of which is attached hereto as Exhibit A and incorporated herein; and
WHEREAS, Winchester prepared a Preserve Management and Supplemental
Planting Plan that meets the criteria pursuant to LDC Section 10.02.06.D to address the
regrading and re-plantings of the over-excavated area and to re-establish the 3 strata
required by Section 3.05.07. A copy of the Preserve Management Plan, Supplemental
Planting Plan, and Proposed Fence Plan is attached hereto as Exhibit B and incorporated
herein (the "Restoration Work"); and
WHEREAS, Winchester has prepared an engineer's opinion of probable cost for
the Restoration Work, a copy of which is attached hereto as Exhibit C and incorporated
herein; and
WHEREAS, Winchester desires to sell the property to Wilton Land Company,
LLC, or another buyer ("Buyer") and the Parties agree that restoration and payment of
unpaid permit fees as mitigation is preferred to obtaining a conditional use for the over
excavated area because the mining operation has ceased; and
WHEREAS, the Winchester is willing to perform the obligations described in this
Agreement, but may sell the property to Buyer;
WHEREAS, the County does not object to Winchester assigning this Agreement
and these performance obligations to the Buyer, or another purchaser, on the terms
described herein, so long as the Restoration Work is secured by either a letter of credit,
cash bond, or surety bond (the "Replacement Security") (if a surety bond, it shall be in
the form attached hereto as Exhibit D and if a letter of credit, it shall be in the form
attached hereto as Exhibit E) in the total amount of the probable estimate of costs for the
Restoration Work set forth in Exhibit C (e.g. $364,865.00); and
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Packet Pg. 1759 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
WHEREAS, the Parties wish to settle this dispute and agree on the terms and
conditions set forth below to resolve all of the currently outstanding reclamation and
restoration obligations of Winchester or Buyer under this Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration exchanged amongst the Parties, and in consideration of the
covenants contained herein,the Parties agree as follows:
1. Incorporation by reference. All of the above RECITALS are true and
correct and are hereby expressly incorporated herein by reference as if set forth fully
below.
2. County agrees to stay enforcement of Code Enforcement Case No.
CESD20180014546 provided Winchester, or its successors and assigns, complies with
the terms of this Agreement. The County further agrees to permanently close the case in
accordance with its normal procedures once the restoration is complete, the five year
monitoring plan has been completed, and the success criteria have been met.
3. Winchester, or its successors and assigns, shall:
i) Begin the replanting part of the Restoration Work within the later of
June 30, 2020 or 77 days from the Effective Date of this Agreement
and complete all of the Restoration Work by the later of August 31,
2020 or 139 days following the Effective Date of this Agreement.
ii) Post Replacement Security prior to the later of June 1, 2020 or 48 days
from the Effective Date of this Agreement.
iii) Winchester shall within 30 days of approval of this Agreement, pay
the County the sum of$7,600 for unpaid permit fees.
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Packet Pg. 1760 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
1 6 A 3 2
iv) By the later of August 31, 2020 or 139 after the Effective Date of this
Agreement, complete the Restoration Work, including the installation
of fencing as set forth in the Restoration Work, which will then allow
the County to close out any open excavation permits for Sander's
Mine.
v) By the later of August 31, 2020 or 139 days after the Effective Date of
this Agreement, install any required fencing in accordance with
Exhibit B.
vi) Conduct annual monitoring for a period of 5 years as outlined in
Exhibit B after completing the work in i) above to document the
success of the Restoration Work.
Legal Matters
4. Non-admission of liability. It is understood and agreed that this
Settlement Agreement is the compromise of disputed claims, and that nothing contained
herein shall be construed as an admission of liability, fault or responsibility as to any
claims or allegations on the part of any party, which liability is expressly denied.
5. General Releases. Each of the Parties signing below, on behalf of
themselves, their former and present employees, agents, officers, directors, servants,
representatives, insurers, assigns and predecessors and successors in interest, hereby
releases and forever discharges each and every other party signing below, together with
their former and present employees, agents, officers, directors, servants, representatives,
insurers, assigns, and predecessors and successors in interest, from any and all claims of
whatever nature or description, which relate to, arise from, or could have been alleged, in
the above mentioned Code Enforcement Case, but only for the areas of the property
within the limits of the excavated areas depicted in Exhibit A. Further, the County
represents and warrants that it is not aware of any other violations of its Code of Laws
and Ordinances regarding the remaining areas of the property.
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Packet Pg. 1761 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
6. Voluntary Execution. This Agreement contains the entire agreement
between the Parties hereto regarding the resolution of their disputes. The Parties
acknowledge that this Agreement is freely and voluntarily executed after they have been
apprised of all relevant information concerning the Agreement and that they have had the
opportunity to consult with and receive the advice of counsel in entering into this
Agreement. In executing this Agreement, the Parties acknowledge that they have not
relied on any inducements, promises, or representations other than those contained
herein. This Agreement is the product of mutual negotiation and no doubtful or
ambiguous provision that may exist in this Agreement is to be construed against any of
the parties based upon a claim that one of the parties drafted the Agreement, or that the
language of the Agreement was intended to favor one of the parties.
7. Governing law. This Agreement shall be deemed to have been made and
to be performed, and shall be interpreted, construed and enforced, in accordance with the
laws of the State of Florida.
8. Release of Bond. Upon County's approval of this Agreement and the
receipt by the County of the Replacement Security in the form of Exhibit D or Exhibit E
attached hereto, which shall be substituted for and replace Performance Bond No.
08618517 (the "Original Bond"), which Fidelity & Deposit Company of Maryland issued
to the County in the amount of $500,000 and guaranteeing Southern Sand and Stone's
reclamation obligations and duties in accordance with the Land Development
Regulations, which Original Bond shall be thereupon forever be released and discharged
by the County.
9. Assignability. Winchester may assign its rights and obligations under this
Agreement to a subsequent purchaser of Sabal Palm Quarry.
10. Multiple Counterparts. This Agreement may be executed by the Parties
in multiple counterparts and via facsimile, which, when taken together, shall constitute a
complete original Agreement.
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Packet Pg. 1762 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
I 6 A 3 2
11. Modifications. This Agreement cannot be amended, modified or
amplified except by agreement and written document, which is signed by all Parties
hereto. No oral statement made by any person shall operate to modify this Agreement in
any manner or otherwise affect its terms and provisions.
12. Severability. In the event that any term or provision of this Agreement is
deemed unenforceable, or unlawful for any reason, the remainder of the Agreement shall
be deemed enforceable and in effect.
13. Enforceability. This Agreement shall be effective upon the date this
Agreement is approved by the Board of County Commissioners of Collier County,
Florida (the "Effective Date"). In the event Winchester fails to comply with the terms of
this Agreement, the County may proceed with the existing Code Enforcement case, or
commence a new Code Enforcement case.
14. Non-waiver. The failure of either party to enforce at any time any of the
provisions of this Agreement shall not constitute a waiver of any such provisions.
15. Authority to Bind. The signatories hereto each warrant and represent that
they have the requisite authority to enter into this Agreement on behalf of the respective
party.
3/6/2020 6
16.A.29.c
Packet Pg. 1763 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
1 6 A 32
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYST,OKMIVEL,Clerk COLLIER COUNTY, FLORIDA
4•
f
141w.:A6zip. •
6 Cfr•• k By:
Attest. C x11ThO$y Clerk Burt L. Saunders, Chairman
eiginitAgOMI
Approved as to form and legality WINCHESTER LAND, LLC
r 10(
Assistant County Attorney By: 1 ,1
Thomas Finley,Managing Member or
STATE OF OKL OMA
COUNTY OF
The foregoing instrument was acknowledged before me, by means of physical
presence or _ online notarizatioA}, by Thomas Iinley as Managing Member, of
Winchester Land, LLC, this Aeze. day of J-C At 2020, who is
personally known to me he or has produced Di- as identification.
Jan cGt
ir.. SANDRA O'LENA
G D!i
A
Logan County Notary Public
NotaryPublic in and for
p'• State of Oklahoma Print Name: n de-4' Le-AA
Comm.#05008546 Exp 09/13/2021
My Commission Expires: 09-/3 -202/
Attachment: Exhibit A-Sabal Palm Remediation Excavated Areas
Exhibit B - Preserve Management Plan, Supplemental Planting Plan, and
Proposed Fence Plan
Exhibit C-Engineer's Opinion of Probable Cost
Exhibit D-Performance Bond for Restoration Work
Exhibit E-Irrevocable Standby Letter of Credit for Restoration Work
3/6/2020 7
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Packet Pg. 1764 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
EXHIBIT A
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Packet Pg. 1765 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
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I6A32
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Packet Pg. 1767 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
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j16.A.29.cPacket Pg. 1770Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release -
16A32
EXHIBIT C
16.A.29.c
Packet Pg. 1771 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
Barry E.Jonel. 6 A 3 2
Exhibit C PI E. Jo,, c=US,st=FLORIDA,
Engineer's Opinion of Probable Cost 43.••C%CE314 R0\ l=Naples,o=Hole
Sabal Palm NO 62673 Montes,Inc.,
Exotic Removal,Grading,Planting,Fencing,Monitoring "•1,• ' »c cn=Barry E.Jones,
HM File No.2016.008 January 30,2020 T• STATE OF .;(1.5.4: •email=barryjones@h
1 F'•.<OR 0O'd. meng.coms • 9
oniikl_4,,,,, 2020.02.27 15:31:09
05'00'
Barry E.Jones,P.E.#52675
Description Quantity Units Unit Cost Total
SITE GRADING&EARTHWORK
Silt Fencing 2,540 LF 2.00 5,080.00
Boulder Removal(6"+rocks moved into lake) 1 LS 2,500.00 2,500.00
Imported Material 3,200 CY 16.00 51,200.00
Subtotal Site Grading&Earthwork 58,780.00
SUPPLEMENTAL PLANTINGS*
Forested Wetland 2.0 AC 23,150.00 46,300.00
Herbaceous Wetland 4.6 AC 6,050.00 27,830.00
Forested Upland 1.1 AC 20,100.00 22,110.00
Subtotal Plantings 96,240.00
WETLAND MONITORING
Time Zero 1 EA 2,000.00 2,000.00
Annual 5 EA 1,500.00 7,500.00
Subtotal Monitoring 9,500.00
EXOTIC REMOVAL
Restoration Area 9.3 AC 750.00 6,975.00
Remaining Land Within the Excavation Permit Limits 20.7 AC 1,500.00 31,050.00
Subtotal Water Main System 38,025.00
FIVE YEAR MAINTENANCE
Semi Annual(4 times)30 AC 300.00 36,000.00
Annual(3 times) 30 AC 200.00 18,000.00
Subtotal Water Main System 54,000.00
LAKE FENCING
6'Chain Link Fence(5 guage,no top rail) 7,630 LF 14.00 106,820.00
6'Swing Gates for Lake Access 2 EA 750.00 1,500.00
Subtotal Water Main System 108,320.00
ITOTAL 364,865.001
Supplemental planting include 172 trees,460 shrubs,and 45,252 ground cover plants
hm-data\HMDATA-NP2\2016\2016008\Sabal Palm\Copy of EOPC Sabal Palm Restoration and Fencing 02_27_2020.xlsx 1 of 1
16.A.29.c
Packet Pg. 1772 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
EXHIBIT D
16.A.29.c
Packet Pg. 1773 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
PERFORMANCE BOND FOR RESTORATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
WILTON LAND COMPANY, LLC, as Principal, whose address is:
206 DUDLEY ROAD
WILTON, CT 06897
hereinafter referred to as "Owner") and
NAME OF SURETY)
ADDRESS/TELEPHONE NUMBER OF SURETY)
hereinafter referred to as "Surety")are held and firmly bound,jointly and severally, unto Collier
County, Florida, (hereinafter referred to as "County")as the named Obligee in the total aggregate
penal sum of Three Hundred Sixty-Four Thousand Eight Hundred Sixty-Five Dollars
364,865.00) 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, or the
prior owner, has entered into a Restoration and Settlement Agreement dated the day of
2020 (the "Agreement") to perform Restoration Work in connection with excavation
permit nos. 59.201 and 59.204 (AR-6070 converted to PL201100001386) pursuant to the
Agreement and as required by Collier County Ordinances and Resolutions (hereinafter
collectively "Land Development Regulations"). The Surety agrees that this obligation 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 Restoration Work described in the Agreement and
Land Development Regulations and the Agreement (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 and the Agreement 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 it may incur in making good any default, then this
obligation shall be void, otherwise it is 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.
Page 1 of 3
16.A.29.c
Packet Pg. 1774 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
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
Agreement. 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 day of 20 .
WITNESSES: WILTON LAND COMPANY, LLC
By:
Printed Name
Printed Name/Title
Printed Name
Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF 20 , BY NAME OF
ACKNOWLEDGER) AS TITLE) OF WILTON LAND COMPANY, LLC
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of
SEAL)
Printed Name
Page 2 of 3
16.A.29.c
Packet Pg. 1775 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
1 6 A 3 2
WITNESSES: Surety name and title)
By:
Printed Name
Printed Name/Title
Printed Name
Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF 20 , BY NAME OF
ACKNOWLEDGER) AS TITLE) OF SURETY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION.
Notary Public- State of
SEAL)
Printed Name
Page 3 of 3
16.A.29.c
Packet Pg. 1776 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
EXHIBIT E
16.A.29.c
Packet Pg. 1777 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
FOR RESTORATION WORK
insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter
Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY: This Credit shall be valid until (insert date of first anniversary of date of
issue), and shall thereafter be automatically renewed for successive one-year periods on the
anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the
Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew
this Credit.
APPLICANT: Wilton Land Company, LLC, as Principal (hereinafter "Applicant"), whose
address is: 206 Dudley Road,Wilton, Connecticut 06897.
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
Beneficiary") c/o Growth Management Department, 2800 North Horseshoe Drive, Naples,
Florida 34104.
AMOUNT: Three Hundred Sixty-Four Thousand Eight Hundred Sixty-Five Dollars
364,865.00) (U.S.)up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
Issuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING
THAT:
Applicant has failed to perform the restoration work in connection with
excavation permit nos. 59.201 and 59.204 (AR-6070 converted to
PL201100001386) pursuant to that certain Restoration and Settlement Agreement
dated the day of 2020 (the "Agreement") and as required
by Collier County Ordinances and Resolutions (hereinafter the "Land
Development Resolutions"), or prior to the date of expiry final approval of the
restoration work under the Agreement has not been granted by Collier County as
required by the Land Development Resolutions, and the Applicant failed to
provide the County with a satisfactory alternative performance security."
16.A.29.c
Packet Pg. 1778 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)
16A32
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
Drawn under (insert name of Issuer) Credit No. (insert Issuer's number
identifying this Letter of Credit), dated(insert original date of issue)."
The original Letter of Credit and all amendments, if any, must be presented for proper
endorsement. Draft(s) may be presented within the State of Florida at the following address:
list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking
shall not in any way be modified, amended, or amplified by reference to any document,
instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any
such reference shall not be deemed to incorporate herein by reference any document, instrument
or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the
terms of this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007
Revision) International Chamber of Commerce Publication No. 600.
Name of Issuer)
By:
Printed Name:
Title:
President, Vice President, or CEO)
Provide Proper Evidence of Authority)
2
ID
16.A.29.c
Packet Pg. 1779 Attachment: Restoration and Settlement Agreement (14002 : Excavation Restoration Bond Release - Sabal Palm Quarry)