Agenda 04/13/2021 Item #16A13 (Siena Lakes, PL20180003052)04/13/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$75,300, which was posted as a guaranty for Excavation Permit Number PL20180003052, for work
associated with Siena Lakes.
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 these securities has been inspected and the developer has
fulfilled his commitments with respect to these securities. The Performance Bond was posted as security
for Excavation Permit PL20180003052 associated with Siena Lakes. The As-Built lake cross sections
have been received and the lakes have been inspected on March 1, 2021 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 a Performance Bond in the amount
of $75,300. 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.13
Packet Pg. 677
04/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 15170
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $75,300, which was posted as a guaranty for Excavation Permit Number
PL20180003052, for work associated with Siena Lakes.
Meeting Date: 04/13/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/02/2021 2:35 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
03/02/2021 2:35 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 03/02/2021 2:58 PM
Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 03/02/2021 4:11 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/05/2021 11:06 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/15/2021 9:02 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/15/2021 9:33 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/16/2021 9:13 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/16/2021 9:56 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/16/2021 10:02 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/17/2021 8:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/27/2021 7:30 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/29/2021 11:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM
16.A.13
Packet Pg. 678
SIENA LAKES
LOCATION MAP
16.A.13.a
Packet Pg. 679 Attachment: Location Map (15170 : Excavation Bond Release - Siena Lakes)
The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this J._ /5 r-day of
0, u.-11 'oif 1 2018 between Siena Lakes, 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 al. of the Collier County Code of Laws and Ordinances, and the Collier
County Land Development Code, including but not limited to Section 3.05.10 (collectively, the
"Excavation Regulations"); and
WHEREAS, the Excavation Regulations require 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. f L .2 o l'8 Ooo 3 osz(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 $75,300.00.
3.In 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 ensure
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 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.
F:\Scans\Excavation Performance Agreement (180829).docx
16.A.13.b
Packet Pg. 680 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
6.In 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 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.
7. All of the terms, covenants and conditions herein contained are and shall be binding upon
Developer and the respective successors and assigns of Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this .;,)>' day of Q.eli!"' bj1-<\ 2018.
SIGNED IN THE PRESENCE OF:
WITNESS:
��
Printed Name c1Z f)1,
Printed name
F:\Scans\Excavation Performance Agreement (180829).docx
SIENA LAKES, LLC
�� By: ----.1----1---------------
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
16.A.13.b
Packet Pg. 681 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
I I
F:\Scans\Excavation Performance Agreement (180829).docx
16.A.13.b
Packet Pg. 682 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
.�� ,eankofAmerica � Merrill Lynch
BANK OF AMERICA -CONFIDENTIAL PAG DATE: DECEMBER 28, 2018 AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER:
AMENDMENT NUMBER 1
APPLICANT SIENA LAKES, LLC 701 MAIDEN CHOICE LN BALTIMORE MD 21228
BENEFICIARY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA C/O GROWTH MANAGEMENT DEPARTMENT, 2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
ISSUING BANK BANK OF AMERICA, N.A. ONE FLEET WAY PA6-580-02-30 SCRANTON, PA 18507-1999
THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO.
THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS:
THE TEXT OF THE LETTER OF CREDIT HAS BEEN AMENDED TO READ AS:
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: SIENA LAKES, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE EXCAVATION IMPROVEMENTS ASSOCIATED WITH EXCAVATION PERMIT NO. PL 20180003052, OR PRIOR TO THE DATE OF EXPIRY FINAL APPROVAL OF THE EXCAVATION HAS NOT BEEN GRANTED BY COLLIER COUNTY AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS AMENDMENT, PLEASE CALL 800-370-7519 .
(t'f))!jAUTHORIZED OF 1 PAGE (S).
ORIGINAL
05-17-1486B 08-20 I 6
16.A.13.b
Packet Pg. 683 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
Bank of America ♦ Merrill Lynch
I /_ L ''.fi ,,C.'i.r1,o,r
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 68143368
ISSUER:
Bank of America, N.A.
One Fleet Way
Scranton, Pa 18507
(hereinafter "Issuer").
PLACE AND DATE OF ISSUE: One Fleet Way, Scranton, Pennsylvania 18507
ISSUANCE DATE October 25, 2018
PLACE OF EXPIRY: At Issuer's counters located at One Fleet Way, Scranton,
Pennsylvania 18507
DATE OF EXPIRY: This Credit shall be valid until October 25, 2019, and shall
thereafter be automatically extended 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 or overnight courier that the Issuer
elects not to so extend this Credit.
APPLICANT: Siena Lakes, LLC (hereinafter "Applicant") 701 Maiden Choice Lane,
Baltimore, MD 21228
BENEFICIARY: The Board of County Commissioners, Collier County, Florida
(hereinafter "Beneficiary") c/o Growth Management Department, 2800 North
Horseshoe Drive, Naples, Florida 34104
AMOUNT: $75,300.00 (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 SIGNED BY THE COUNTY MANAGER OR DESJGNEE,
CERTIFYING THAT: Siena Lakes, LLC has failed to construct and/or
ORIGINAL
05-17-1486B 08-2016
16.A.13.b
Packet Pg. 684 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
Bank of America
Merrill Lynch
05-17-1486B O -2016
16.A.13.b
Packet Pg. 685 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
9/25/2018 Detail by Entity Name
..
De12artment of State / Division of Corp� I Search Records / Q.e1aj_JJ;!y_Q_ocument Number /
Detail by Entity Name
Foreign Limited Liability Company
SIENA LAKES, LLC
Filing Information
Document Number M16000000376
FEI/EIN Number 36-4812168
Date Filed 01/14/2016
State MD
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 08/03/2017
Event Effective Date NONE
Princigal Address
701 MAIDEN CHOICE LANE
BALTIMORE, MD 21228
Mailing Address
701 MAIDEN CHOICE LANE
BALTIMORE, MD 21228
�gistered Agent Name & Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
Authorized Person(s) Detail
Name & Address
Title MGRM
ERICKSON LIVING PROPERTIES II, LLC
701 MAIDEN CHOICE LANE
BALTIMORE, MD 21228
Title CEO
Butler, R. Alan
701 Maiden Choice Lane
Baltimore, MD 21228
Title COO
DIVISION OF COF<PORATIONS
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder =SIENALAK... 1/2
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Packet Pg. 686 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)
9/25/2018
Annual ReP-orts
Report Year Filed Date
Document Image.ii
Detail by Entity Name
http ://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=SIENALAK ...
16.A.13.b
Packet Pg. 687 Attachment: Bond Basis (15170 : Excavation Bond Release - Siena Lakes)