Agenda 02/10/2026 Iterm #16A 7 (The Clerk of Courts to release a Performance Bond for Excavation Permit for work associated with Bay Colony Golf Club)2/10/2026
Item # 16.A.7
ID# 2026-34
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,000 which was
posted as a guaranty for Excavation Permit Number PL20230005334 for work associated with Bay Colony Golf Club.
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 regarding it. The
Performance Bond was posted as security for an Excavation Permit associated with Bay Colony Golf & Country Club.
The As-Built lake cross sections have been received, and the lake was inspected by the Development Review Division
on January 5, 2026.
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
$25,000. 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, Project Manager I, Development Review Division
ATTACHMENTS:
1. Location Map
2. Bond Basis
Page 479 of 3707
BAY COLONY GOLF COURSE &
COUNTRY CLUB
LOCATION MAP
Page 480 of 3707
EXCAVATION PERFORMANCE AGREEM ENT
^ THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 3 day of
/-l,ar
'
\ 2023 between Bay Colony Golf Club, lnc. hereinafter referred to as
"O-evbtoper," 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
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 $25,000.00
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
1
3
6
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. PL20230005334 (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:
4.
Page 481 of 3707
7
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 j
SIG IN E OF:Bay
\By:
Printed Name
have caused is Agreement to be
day of 2023.
b, lnc.
a
Michael Bradfield
General Manager / COO
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COUNTY, FLORIDA
Brett J. Rosenblum, Principal Project Manager,
as designee of the County Manager, pursuant to
Resolution No. 2015-162.
Printed
r
@
AS
rek D. Perry
Assistant County Attorney
lity:
F4r-
J'[r*rrt)Sign:
Page 482 of 3707
Exhibit "A"
Excavation Performa nce Security
Page 483 of 3707
(l h
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 106963 1
2023-025304
0312312023
$25,000.00
Payment Method
Check
$25,000.00
$0,00
BAY COLONY GOLF CLUB INC
9740 BENTGRASS BNDNAPLES , FL 34108
Check Number
66005
Amount Paid
$25,000.00
Reference Number
P120230005334
Alicia. Rojas
1 1869
monroig_i
Origina!
Fee
$25,000.00
Amount
Paid
$25,000.00
GL Account
131-000000 -220113
Collier County
Growth Management Division
2800 Horseshae Drive N.
Naples, FL 34104
239-252-2400
Page 484 of 3707
BAY COLONY GOLF CLUB INC
9740 BENT GRASS BEND /,1E, hrl
NAPLES, FL 34108 l/rrL
PH.239-592-9515
WELLS FARGO BANK, N.A.
www.wellslargo.com
63-751/631
DATE
Mar 16,2023
CHECK NO.
66005
66005
AIIOUNT
$25,000.00
EXACTLY
PAY
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PAY TO THE
ORDER OF:
Twenty Five Thousand Dollars and Zero Cents
Collier County Board of Commissioners
3299 Tamiami Trail East, Suite 303
Naples, FL 341 l2
-
Page 485 of 3707
Exhibit ttB"
Evidence of Signing Authority
Page 486 of 3707
BAY COLONY GOLF CLUB RESOLUTION
Signatory Authority
DATE: March 23,2023
COMMITTEE/DEPARTMENT HEAD: Michael Bradfield, GM/COO
CHAIRPERSON/MANAGER: N/A
CURRENT POLICY REFERENCE: N/A
WHEREAS: The By-laws of Bay Colony Golf Club (The Club) designate the President as signor for all
written instruments.
WHEREAS: The Golf Clubs Board of Governors may designate the General Manager as signor of written
instruments.
WHEREAS: Current practice consists ofthe General Manager as the signor ofthe Club's written
instruments.
NOW THEREFORE BE lT RESOLVED: The Board of Governors delegates authority to the General
Manager, or his/her designee, as the designated signor for the Club for all written instruments, except
for documents to be recorded in the Public Records which require the President's or Vice President's
signature.
EFFECTIVE DATE: March 24, 2023
*** Resolution approved by the Board 3/2412023 ***
ffi
By-Law Article VlllSection 8.1 The President may call special meetingsofthe Board ofGovernors, will
be an ex-officio member of all committees and is empowered to execute all papers and documents
requiring execution in the name of the Club.
Page 487 of 3707