Agenda 03/24/2026 Item #16A 2 (Release a Performance Bond in the amount of $500,000, which was posted as a guaranty for Excavation Permit Number PL20110001383 for work associated with Willow Run Quarry)3/24/2026
Item # 16.A.2
ID# 2026-325
Executive Summary
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $500,000, which was
posted as a guaranty for Excavation Permit Number PL20110001383 for work associated with Willow Run Quarry.
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 this security.
The Performance Bond was posted as security for an Excavation Permit associated with Willow Run Quarry. The As-
Built lake cross sections were received, and the lakes were inspected on February 6, 2026, by the Development Review
Division.
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
$500,000. 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 1930 of 6641
WILLOW RUN QUARRY
LOCATION MAP
Page 1931 of 6641
EXCAVATION PERFORIVIANCE AGREEIVENT
THIS EXCAVATION PERFORIVANCE AGREEMENT entered into this 25th day
of June, 2021 between SD SAN MARINO, LLC, a Florida limited liability company, hereinafter
referred to as "Developer," and the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as the "Board".
WHEREAS, on May 19,2002, Southern Sand and Stone, lnc. and Joseph D. Bonness,
Jr., as trustee of Willow Run Land Trust, provided Bond No. 08618539 as an excavation
performance security for Commercial Excavation Permit No. 59.206, PL2O110001383, for
property known as "Willow Run Quarry" (attached hereto as Exhibit "B" and by reference made a
part hereof); and
WHEREAS, Developer Seeks to assume Commercial Excavation Permit No. 59.206,
P1201 10001383, and its responsibilities; 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. 59.206, P120110001383 (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 9500,000.00.
ln the event of default by Developer or farlure 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 Excavatjon 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.
3
4
[1]-lilS-(t,1-199/ l6J5l I lr I I Page 1 of 2
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
5.
Page 1932 of 6641
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 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 provisrons 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 WTNESS WHEREOF, the BoarC and Developer have caused this Agreement to be executed
by their duly authorized representatives this Z1g.h day of June,2021.
SIGNED I
SD San Marino, LLC
Srgnature
6
7
P
5t
€q.eR._
Print Name
Approved as to form and legality
rek D. Perry
Assistant County Attorney
By
ith Gel , Vice President
(Provide roper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By
Jai e Co o D rre ctor
D e lopment Review Division
q
me
[2]-EtS-0,1499/16:t5 I I l/l ]Page 2 of 2
THE PRESENCE OF:DEVELOPER,
As Designee of the County Manager,
Pursuant to Resolution No. 2015-162
Page 1933 of 6641
Flt!
s'r-.\'rEuE,\--t' ot',lurltoRlTY
Pursuonl to scclion 605.0102( I l. Fhrida Sr.rlrlcs. lhis linritcd liabilir],comp0ny snbnlils lhc lbllo$,ing slllentcnt ol'
nrthorit;':
SD SAN nt,\RtilO, LLC.
l-lRS'f: The ninr. ofrhe linrited liabilirr- company is
A FLORIT'A LI[IITED LTABLITY COI}IP^NY
1.t5000r6r696SECOND: Thc Floridr Docurrcnr Nunlbcr ol thc lirni{cd liability cornpanl is
SUITE IOI
N,\ PLES. IjI-ORIDA J4II9
Thc nr:riling arjdrcss ofth.'lirnitcd Iirbility cornprly s principrloffi!c i!:
26]9 PROFESSIONAL CIRCLE
sut rE r0r
NA fl,8S. F|.ORlD,\ llt l9
!'OURlll:'lhisstrtcmcntofnuthorityglrntsolsitslimitationsofnuthorilyonlll pcrsons hrviug lh!'sl:rtls or ,
positiol ofl pcrson il r cornpon!. $hclhcr J! a rrt.,rtrlbir, rrdrsfcrce. nllrnogcr, oflictr or othct\,isa or lo o sp!'{ilii
;rcrsol on rhc follorvin_!:
l. I{!yc.\c(utr n in$nrrncnt trau:fcrring r!'nl propcrt)' h!'ld in th!'nxrn!'oflhc conrprny.
a. Granrcd to
BRIAN K. S-rOCK !ndlor KElTli Ct:l-Df,R ind/orJoHN t'ERRY ,-q
,
- ,': '.
( a',
-o
b. No ruthorit.v granrcd to
.1. ir'lay cntcr into orhcr rlallsar'rions oll brhall ol o[ olhcr$'isc :rct lbr or bind, thc cornpxrr]'
ERIAN X. STOCK snd/or KETTH CF-LDER aud/or JOIIN FERRYil. Granlcd to
b. No iulhorit)'granr.'d ro
ERIAN K, STOCK
5 lOl!alUa!'O lautlrori T11lcd or printcd nllnc ofsignrltlrt'
FilinB l'cc: S25.0{J
CrrtificrJ Copl'r S10.00 (optiorlrll
cRlE r 13 (.zi l])
rr'Ircsaotati!c
'l lllRD: Thc strret addrcss ofrhc limitcd liabiliry compax.r's principll offic'j is;
2619 PROFESStONAI, CTRCL[
Page 1934 of 6641
EXHIBIT II A''
Page 1935 of 6641
EXHIBIT "A"Bond No. 11CX1202856
PERFORMANCE BOND F OR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
SD San Marino, LLC
2639 Professional Circle, Suite 101
Naples, FL 34119
Lexon lnsurance Company
10002 Shelbyville Road, Suite 100
Louisville, KY 40223
615-553-9s00
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida,
(hereinafter referred to as "County") in the total aggregate sum of Five Hundred Thousand and
00/100 Dollars ($500.000.00) 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
approval by the Board a certain excavation permit no. 59.206. P1201 10001383, and that certain
excavation permit 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 untilthe date
of completion of the work and approval by the County of the specific improvements described
in the Land Development Regulations (heretnafter 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 durinS 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 fa ilu re to do so, and shall reimburse and repay the County all outlay
and expense which the County may incu r in making good any default, then this obligation shall
be void, otherwise 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.
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 Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
[2 r-Ers-od4ee/ r 64s092/ r ] Page 1 of 3
(hereinafter referred to as "Owner") and
Page 1936 of 6641
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this 25(h day ofJune, 2021 .
Witnesses:Owner:
SD San Marino, LLC
Signatu re
,h By
P e th Gelder ce President
(Provide P roper Evidence of Authority)
Signa
G 4Lk V.q
STATE OF FLORIDA
COUNTY OF COLLIER
Isign
Notarial Acknowledgement
The foregoing instrument was- acknowledged before me by means of l physical presence or
r online notanzation, tnis df 4Oay of )une 2021, by Keith celdJrls Vice President for
SD San Marino, LLC, whofts personally known or o has produced
identification.
AS
lthe Notary Public's official seall
-Sua,+t /"1 SQatE'
JUOfTH T
'E^I.ENot ry Publlc - Sttt. of FL.td.
CornDiiron t HH 046117
,{y Conn. EIpir.i S.p it, 202(
Bond.d throlth ttatlon.t NGary lJrt
Page 2 of 3
Bond No. 11CX1202856
Print Name
re of Notary Publicl
[printed name of Notary Public]
I
[2 ] -Ers-04499/r 64s092/r]
Page 1937 of 6641
Bond No. 11CX1202856
wit es Surety:
Lexon lnsurance Company
Signature
Susan Ritter
Print Name
)^rr/r* /frd,e
signarg6
By:
Sandra L. Fusinetti, Attorney-i
(Provide Proper Evidence of A,{./r-*4**
Sherry Quinn
Print Name
Notaria I Acknowledeement
STATE OF Kentucky
COUNTY OF lefferson
The foregoing instrument was acknowledged before me by means of physical presence
this 25th day of June, 2021, by Sandra L. Fusinetti as Attorney-in-Fact for Lexon lnsurance
Company who is personally known to me.
fthe Notary Public's offici;:! seal]
Is n atu Notary Publicl
Amv Bowers
[printed name of Notary Public]
ATIY BOVi[;S
Itlotary Publrc, State a' LaOs, fi
My cornm. exprres Jurv 30, 2024
Notary lD #KYNe'C7eg
[2 I -EIS-04499/l 64s0921 ll Page 3 of 3
Page 1938 of 6641
INSURANCEoSOMPO INTERNATIONAL
KNOW ALL BY THESE PRESENTS, that Endurance AssuEnce Corporatlon, a Delaware corporation, Endurance Amedcan lnsurance Company, a Delaware
corporation, Lexon lnsurance Company, a Texas corporation, and/or Bond Safeguard lnsurance Company, a Soulh Dakota corporation, each, a "Company" and
collec{ively, "Sompo lnternational,' do hereby constitute and appoint: B.ook T. Smith, Raymond M. Hundley, Jason O. Cromwell, James H. Martin, Barbaa Duncan,
Sandra L. Fusinelti, Mark A. Guldry, Jill Kemp, Lynnette Long, Amy Bowers, Deborah Nelchter, The.esa Pickerrell, Sheryon Quinn, Beth Frymire, Leigh t ccarthy,
Michael Dix, Susan Ritter, Ryan Brilt as true and laMul Attorney(s)-ln-Fac! lo make, execule, seal, and deliver for, and on its behalf as surety or co-surely; bonds and
to such bonds or undertakings provided, however. that no single bond or undertaking so made, executed and delivered shall obligale the Company for any portion ot lhe
penal sum thereof in excess of the sum of One Hundred Million Dollars ($100,(x)0,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President ofthe Company under ils corporate seal attesled by its Corporate Secretary.
This appointment is made under and by authority ofcertain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective lhe 1srh
day of June, 2019, a copy of which appears below under lhe heading enlitled "Cerlificate".
This Power of Attorney is signed and sealed by facsimile under and by authority oflhe following resolulion adopted by the sole shareholder of each Company by
unanimous written consenl effective the 1srh day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal ofthe Company may be affixed lo any such power of altorney or any cedificate relating therelo
by facsimile, and any such power of attorney or certiticale bearing such facsimile signature or seal shall be valid and binding upon the Company in lhe future wilh respect
to any bond or undertaking lo wlrich it is attached.
lN WTNESS WHEREOF, each Company has caused lhis inslrumeol to be signed by the following offcers, and its corporate sealto be aflixed this 15rh day of
June.2019.
Endurance American
(
Lexon lnsurance Company Bond Safequard
ln u a ,,:p,):"m*a*,
Ric{.rd App€li..SvP.E,$enio/,lf,ou
....;:$"twta*
s rr-, solJTH . ^ 9i.{: orxora lti !
; -i1 tr.sunerce r*=i
'zZ-. CoMPANY':r'-.r
'.& . ..;*.s
%,.,,,,,.**N
f)
K,By:l By:
RicRichardnior Counsel rd Appel;u sel
oRi t
ACKNOWLEDGEMENT
On this 15rh day of June, 20'19, before me, personally came the above signatories known lo me, who be
oflhe Companies; and that he executed said inslrumenl on behalf of each Company by authority of his
ing duly sworn, did depose
ndet ea ch
By
aylor,ublic My Commissign r,piEt'rgr2:j."?#,s:'.
l, the undersigned Oflicer ofeach Company. DO HEREBY CERTIFY that:
1. That the original power of attorney ofwhich the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereol with the original power of attomey, and lhat the same is a true and corect copy ofthe original power ot
attorney and ofthe whole thereot
2. The following are resolutions which were adopted by the sole shareholder oreach Company by unanimous written consent effeclive June 15,2019 and said resolulions
have not since been revoked, amended or modifiedi
"RESOLVED, that each ofthe individuals named below is authorized to make, execute, sealand deliver for and on behalf ofthe Company any and all bonds,
undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L, SPARRO, MARIANNE L, WILBERT
I and be il further
RESOLVED, thai each o, the individuals named above is authorized io appoint atlomeys-in-fact for the purpose of making, executing, sealing and delivering bonds,
undertakings or obligations in surety or co-surety for and on behalf of the Company.'
3. The undersigned turther certifies that the above resolutions are true and conect copies of the rffolutions
lN WTNESS WHEREOF, I have hereunto set my hand and aflixed the corporate seal this -:!L-- day of
so reco and of lhe whole thereol
S
possible impact on your surety coverage due to darectives issued by OFAC Please read thls Notice caretully.
on the lJnited States Treasury's websile - httpsr//\^,!ri,v treasurv oov/resource-cente./sanctions/SDN-L sl.
subiect to OFAC. When a surety bond or other form of suaety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made wathout
authorizalion from OFAC. Other limilalions on the premiums and payments may also apply.
Any reproductlons are vold.
Surety Claims Srbmlssion: LexonClaimAdministralion(asompo-intl.com
Telephone:615-553-99)0 lralllng Address: Sompo lntemauonal; 12890 Lebanon Road; Moont Juliet, TN 37122'2870
11078
POWER OF ATTORNEY
Assurance
,ry)
and say that of each
CERTIFICATE
zozL. ,
By:
SEAI
1996 SEALSEAI
2002
Page 1939 of 6641
EXHIBIT IIB''
Commercial Excavation Permit No. 59.205
P120110001383
Page 1940 of 6641
r'
LICENSE 0R PEKHIT BOND. . Bond No, 0g61g539
KNOl.l ALL IIEN BY THESE PRESENT, THAT I^tE, SOUTHERN SAND A-llD STONE, INC., of Naptes,
Florlda and J0SEPH D. BONNESS, JR., TRUSTE4 WILL0W RUN LAND TRUST, as prlnclpals,
and Fldellry and Deposlt Cornpany of lIaryland , havlng lts princlpal office ln
Lhe ClEy of BalElmore, Marylancl as SureEy, are held and flrurly bound unto proJecg
REVI-EW iErVlCES, BOARD Or COUNTY CO}&TISSIONERS, COLLIER COUNTY, TLORIDA, hCrClN-
afcer called the Obllgee, tn che penal sum of Flve Hundred Thousand and 00/100 Dollars
($500,000.00) lawful money of the Unlted Scat,es of Arnerlca ro be pald ro rhe sald
obligee, for which payment weii an<i truiy to be made, we blnri oursel-ves, or helrs,
execuf,ors, admlnlstrators, successors and asslgns, Jolntly and severally, flrmly
by these presents.
SIGNED WITH OUR HANDS AND SEATED WITH OUR SEALS TIIIS.\ 19 rh _ day of Hay , ?00?.,
WHEREAS, a llcense or Permlt has been granted by the obllgee to the above bounden
Prlnclpals authorlzlng excavatlon for Hlllow Run, thls bon_d tg
"9T-L1.y ltEh Colller
count,y ordlnance No. 91-102, Dtvlslon 3.5, For wlllow Run Excavatlon perurlg-Ni-.-r
59.206, Part of Sec lt e 12, T50S, R26E, Collier CounEy, ru-o;Jd;;-
NOW, THEREPoRE' THE CONDITION OF THIS OBLICATION IS SUCH, thar lf rhe prlnclpals
shall falLhfully observe the provlslons of the laws, ordlnances, and resoluglons,
governlng the lssuance of Ehls llcense or permlt and guarantee satlsfaccory com-
pletlon o.{ e.xcavatlon work, Ehen thls obtlgatlon shall be null and vold, other-
wlse to remaln ln fu1l force and effect.
Thls bond shall becone effectlve Ehe lgth day of IIay , 2002
The surecy may cancel thls bond at any tine by fillng with the counry, slxty (60)
days wrlcten noElce of lcs deslre Eo be relleved of llablllty but only lf replace-
ment securlEy complylng wlth sectlon 3.5.10 of county ordlnance 9l-1oz Is provtded
or saElsfacEory completlon of work has been achleved. The Surety shall not be dls-
charged fron any llablIlty already accrued under t(fs bond or whlch shall accrue
hereunder before rhe explraElon of rhe slxty (60) days perrod.
WILLOW RUN LAND TRUST SOUTHERN SAND AXD STONE, INC.
By
SEPH D.
ellEy poslE Conpany, of }Iarylan
By:
Elleen C.Heard, , AEtorney-ln-Fact
and Llcensed Florlda Agent
J
-a,g
CCoa-ccot-()
G
v-O()
B
rus tee
ESS
,
?
Page 1941 of 6641
larvful agent and Attomey-in-Fact, lo make, execute, seal
any and all bonds and undertakings and lhe execution
Power of Attorney
FIDELIry AND DEPOSIT COMPANY OF MARYI.AND
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: ThAt thE FIDELITY AND DEPOSIT COMPA}'TY OF MARYLAND, A
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and J. G. TLAMILTON, Assistant Secretary, in
pumuance of authoriry granted by Article Vl, Section 2, of the By-Larvs of said Company, which are set forth on the reverse
side hereof and are hereby certifted to be in full force and effect on the date hereo{, does hereby nominate, constitute and
appoint Kevin WOJTOWICZ, Peter A. THOMSON and E C.all of Largo, Florida, EACH its true and
its bebalfas surety, and as its act and deed:for,
bonds in pursuance ofthese presents, shall
be as binding upon said Company, as fully and intents as if they had been duly executed and
acknowledged by the regularly elected ofticen of at in Baltimore, Md., in their own proper persons.
This porver ofattorney revokes that issued on
dated June 27,2001.
Peter A.'IHOMSON, and Elleen C. mARD,
The said Assistant Secretary does hereby
Section 2, of the By-Larvs of said Company,
on the reverse side hereof is a true copy of Article VI,
IN MTNESS WHEREOF, the said Secretary have hereunto subscribed their narnes and
affixed the Corporate Seal of the said
200 l.
IT COMPANY OF MARYLAND, this lTth day of July, A.D.
ATTEST:FIDELIW AND DEPOSIT COMPANY OF MARYLAND
m
{*"r}k--
By:
J. G, Hanilton Asslstant Secretary Paul C| Rogers Vice President
State of Maryland
Counly of Harford )ss:
On this lTth day of July, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and J. G. HAMILTON, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPAI.IY OF MARYLAND, to me personally known to be the individuals and officers
described in and lvho executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal aftixed to the preceding instmment is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers rvere duly af{ixed and subscribed to the said instrument by the authoriry and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affr"red my Official Seal the day and year ltrst above
wrinen.
Patricia A. Tronbeui Notary Public
My Commission Expires: October 9,2002
NOfARY
PUBLIC
POA-F 0314315
A*"ffi*ffi
Page 1942 of 6641
EXECUTN/E SUMMARY
fldiffi5ilt$i3[IRff#?p-A-eloDmrcArroNro-co!.TMERCTALsr-ciioxir,iiii;g,.TirowNs["""$.13_3ffH.tr#r{S*:rg{m
oN ALL srnEs nv yaqaryli-aiifzggrp 'lr:r, rlcbrr FoR rEE NoRrEsrDEoFrEExoun_F'ruiaEl,..W"mgET;urs'ffi r*xarlEscoLF
+f,[tTft PuD. 1ruts Is aEotcpfrvrbx iirriirri'6ri.e?-.r6, wrtr,-ow nux
9BJECTIE: .
To issue a modification to the existing Excavationlermit know as the ,,Willow Runeuarry " i n accordan.r *itn r rriidrs;i th;ffiiiffi:ifi ,.o, code.
CONSIDERATION:
Ttre petitioner proposes to expand his eiz0A-ci.ilJr'," ji",in'hiffi ;6'iEt'Jfflqffi.'v":ffi'*x,,.:'.yfr1ffi
f, i##"oo4f,:'.$H::fffrffiml;*ili u. zL1'"o. rft-'ouritiln on the existing parcer win
If the petitioner can excavate the entire ,l3O.acres_to the fuil deptb, staff estimates that theoperation coi-rld generate as much * a.q rilio;b.v]"'rf;ii.'
offsite removar of fiil wilr be subject to the standard conditions prepared byTransportation Services fan..nrO
--' "
FISCAL IMPACT:
fffiil frrylication $Bso.oo
R;;iilii., r., $26,764'00
3:;J,:ffi ::ig#',Iff ln*::mtr'[il,lltg[.oi",.,nitvDeveropEentFund-
None
ocl 2I t997
Ps.1_
Page 1943 of 6641
2.
Comrncrcial Excavation Permit No. 59.206 (Modification)
Pagc2
RECOMMENDATION:
That theBoard of Counry Commissioners approve the modification to Commercial Excavation
Permit No. 59.206 "willow Run Quarry" with the following stipurations:
l. The excavation shaltbs limited to a depth of 50,'@tev, -40 NGVD) below existing gradb
(+10.0 NcvD).
3
Off site removal of material shall be subject to "standard conditions" imposed by the
Transportation Services Division in document dated 0sl24l}g (copy attached).
Where groundwater is proposed. to be pumped during the excavating operatioq a
Dewatering Permit shall be obtainid fiom the South Florida Water Manag-ement Distict,
and a copy provided to Project Plan Review for approval prior to the commencement of
any dewatering activiry on the site.
If trees are to be removed as a result of the excavating operation, a Tree Removal Permig
required by Ordinance No. 92-73, Division 3.9 shall be obtained from Collier County
Project Plan Review before work shall conrmence.
5. The water quality monitoring program shall be implemented , as submitted.
PREPARED BY:
'v dr 97
P.E,Date
Project Plan Review
REVIEWED BY:
4
<h*,*?1[",L /o' ,
Thomas E. Kuclq P.E.
Engineering Review Services Manager
No,
ocT I s lggT
Executive Summary
Date
?r,ft,
r997
Page 1944 of 6641
Commercial Excavation Permit No. 59.206 (Modification)
Page 2
\
+^44Donald W. Arnold, AICP
Planning Services Department Director
Var-C€
Date
C ommunity D evel opment and Environmental S ervice s
S9pdlI:EAD Excttiw Surnmrrie
l{0,
ocT 2 8 1s97
s_Pa,
1997
Pr'
Page 1945 of 6641
i,'It -"{- .
COLLIER CO OVERNMENTu#v,g
COMMI.JMTY DEVELOPMENT NND
auvnoNuENTAL SERvrcES Dry rstoN,
E,NGINBERING REvIEw srcnVlcns SECTIoN,
28OO NORTH HORSESHOE DRIVE
NAPLES, FL 34104
2 NOV, lggg
Mr. Joseph D. Bonness, Jr
Willow Run Land Trust
5590 Shirley St.
Naples, Fla., 34109
RE A Modification to Excavation Permit Application No. 59.206
"Willorv Run Quarry"
Section ll,l2,l3,l4, Township 50, Range 26
Collier County, Florida
Dear Joe,
THIS IS YOUR PERMIT.
The Board of County Conrmissioners, meeting in regular session on 28 OCT, 1997
approved the referenced excavation permit application rvith the stipulations as listed in
the attached Executive Summary.
We have received the pernrit fee in the anount of $21,367.89, and the road impact fee is
not applicable in this district.
lYe haue researched lhe exislitrg bond, which uppenrs to be in the onroutrl of $50,000,
This is strbstonlially less thnn the awent ninimum ollowahle bonl of $500,000, The
bond will nced ld be ntoditied to cotrfonn lo the new requirenrcnls, This musl be done
by I JAN 99.
If you have any fi.rrther questions regarding this matter, please do not hesitate to contact
us at (941)403-2471,.
very ly
Stan Cluzanowski
nuitoifonioE€sSilnerng
Codc Enforcement
Housing & Urban Improvcntenl
(94 r ) 403-2400
(94 r ) 403-2440
(94 r ) 403.2330
Natutal Resourccs
Planning Services
Pollution Conlrol
(94t) 732-2505
(e4 r) 403.2300
(94t)732-2502
i
I
l
Page 1946 of 6641
HT
Fort Myers Regulatory Office 941-334-L975
United States Army Corps of Engineers
Has issued a p ermit to mechanicatly clear and min e 92.22 acres of
wetlands and temporarily impact 17.57 acres afli\ietlands for a perimeter
berm and containment swale Phase I and Phase II) \Mi thin Willow Run
Quarnr.
All work is located in Sections tL-L4, Township 5o South , Range 26
East. Collier County. Florida.
The permit has been
Ot, -AM
,
issued to Willow Run Trrrst.
and will expire on 28 t 2008.
Address of Permittee: 5590 Shirlev Street: Naples.
Permit, Number
34109.
LColonel, f$.
oe R. Miller
Army Corps of Engineers
District Commander
1ee604 1 s8 (rP-SB)
Page 1947 of 6641
LeYnon Chller
Govcrnor
?1
Deparrmenr or \a' RH$HIYFD
EnVironrnental PrOteCtion MAR 2 3 rse8
u ertle. - 99L - _o:i / 6aldS
,rr, *.,1?X1l;',1ffi,,* ,r,( FotoER# a oq t'{ . rIE<
r""t t'ty."r, F ";;;
j:rdtffil u'un;t.t.w".t'.-,
ErrEr{rRoED LA,DS *,D mnrr.ol*Em,, n,gomcr pnoon,,.
EnElnollrrEtttrA& lEsolrnet PtrurE
CERTTTIED IIAIL NO. P 506 066 223RErunN RECETPT nEQUESTSD
IRI(IIIIEB/AIIIEORIZED Et{8llnr!wrrrow Run Tritrstc/o l{llpon, Hiller, Barton &Peek, fnc.
:209 Balley Lane, Sulte 200Naplesr FL 34105
Permlt/AuthorLe ation Nu:uber :' 11-0134951-o01Date of leeUc: ,I,tareh 20, 1g9gErpiration pate of,Congtrustlon phase:
ltarch 2o, Z00gCounty: CollierProjeet: Wiltow Run euarryExpanoJ.on
rlhie perait le isEued under tha authorlty of, part rv of,chapter 37i. Frorida sr"rit"= (i-.ili,-;;i'rltre 62, FrorldaA.Islhlstrative. code fi.e.-e.1. .Tn;-iiti"itv tE not exenpt fromthe req'irernont to oiiirn-i, n ,rri;r_;;ili.**uo'r"e pe,-it.Pursuant t" op:I3!r"i orreir-ts-exeoutii u.t*.en the D-partnentand the water'uanageien€ arstit"til-iIllt"r*noed in chaprerd2-113, F'A.c., th; D;;;"t*;ir]1-i.IieiJirr" f,or reviewlns andtalclng final agency ""ii"" "n tble ".[i"Iiy.Thls permrt qrso conetLtuteE oertlflcatlon conpllanc€ rrrlthI3T:r$:*llln:oandarcrs unair sectron-rdi-or ti"-iiEii-ir"t"r a.r,
lrhe fitle_ and L,and Records sectlon, Deparment ofErvironnentar kotecii-oh;'-t'"i- revlewed tnu i"JaTioi or' ur" proposed.project as desctribed-G--tlr;;n"".-iur;;;*A appricarion and hasdetermlned that ttre proleoi,-a"_descrlbed, does not involve the useof,. eovereign subnergfd i;il;.aurhori z itiJ"-ir rj- i" -,J&tiil; l:ffi'*ln*;;3;n5xgff" .,,uenvlronrnental Resourcei-r'"*r.., deslgrnatii*ug"rrt to the Board ofFmetees of the rnternar-i"6iov"rent fr:uJI-fi.rna, pursuant toChapter A53.77, F.S,
"P mlQ4 Consenre o nd lvlonogc Floildo,t €nylronment on ! N qturol Resources,,
Pdnttd on iqUrl popo,
Page 1948 of 6641
Peruitteec ICllIow Run TrustPerait No. 11-o1349sr-ooi--PaEe 2 of 18
A aopy of thls authorlzatton areo has been sent to the u.s.Aruy conls of Engin.ers (usAcoE) roi-revler. rha usAcog uay.I:?y1"9 a separaie.permrd,- ruriur"-t"-if,trin thls authorrzailonprlor to conetrnrcti6n qour.d rybi;t ii"-[" enf,orcemani--aotion bytha usAcoE. you. are t^rerery aavised ttrir-auttr;;i;;ti;is arso naybe requlred by_other teaeiil,' "[iie, lij fo"al entltles. ThlsauthorLzation-does not retl.ve.you iron tir" r"qrirementa toolrtarn all other requr.rea fermtt"-""i-iuihortzatJ.ong.
rtre above naued Pernlttee.ls hereby authorized to constnrotthe work sho*,r on. the. appilcatr.on and aiproved dravlng(e), prano,and other doc,ruente attiitr"a tr.".to-';=-5fi' ft re with trreDepartuant and-nade a part he.reof. mfi por.ft-I.*oiti""* to thcltDttt, eouclttonor .oi rJcatr"ii'"g-iliht"uoya ru the attaohea
fi :rt?s:, q:tt1{r:!}:"ii:t:*;:iiii.iiruki-i:'*iii;i;it,,,You are advlsed to ieacr and.unclerstana--i,rrEse arawlngs andcondttionc prJ-or to couine;-tnf-trr"-iiiin#ir*o acttvltt-e, and roensura the trork is oonduoted l"-.o"i"frii"n "rurr-;il-rh; termr,condltlons, and drawtnss, --ir yoo ai.-"ifiiz-1ng a oontractor, theoontractor arso Ehoura-read-and unaersiana ttese arawrnge andoonditions prl.or to oomuen"tng-1rre-;ffi;ized actlvitr-es-Fallure to ionptv wfur ar-r--arawrngs and condltions shalleonEtltute grounae goi ievo""rio"="t-i{e-iernlt and approprrateenforceuent aotLgn,
Itrenty (20) drawinge (8*n-.x_lx]) -prenared- by wrleon, uJ.rrer,Earton & peek, Ilg:, erfned
=a-::it1a]ly-sqeprreir
a.-["irrr p.E.r
;I'f,'[n"il"n3krt' i3 ;
"iilioi#T1'[#:lrlt*;;;;;;.-;.i=lir" i ou "a
operatl0n of ttre f,aclrlty re.not authorlaed except whcndaterrtned ro ba in ""nior-ani,e wir[Hr;;;iiIlril-Ifii"l oouylth,IT" g'T9Tar. ancl speciri;-;o;ii[ilii lie .tr"
Bffi*:' "erri-f icarlon/ aLrhorrz airo;, -iJ"FBIi i,Elo.uy describecl
IC,BXVItrr DESCBIPrIOIII
|Ihe proJeot is-the propoagd expanaLon of an aotive rlneroclcquarry, whic.h has receivcd usstf pernlt w"l'11-oo331-8, aslnitially lssued ny tne s""tr, rroirai-wii*" Management Dlstrlc.on Novenbex 14, rsBE, and n"atii.i-;;d;;;i ttr., si_nce.
Page 1949 of 6641
Form
Form
#0&9lgJaai3).E3c.-iffi
C0mrne ncomonllilolics
0alo: Odobcr 3. 1$96
EFIVIRONMENTAL R.E S OI.IR CE PERJVITI
Construction Comimencoment Notice
Willow Run PHASE: I-Exibt,ing
I bereby uotiry fie Depamnent of Enviinonmenlal Protcction that thc construction of
,lhe surface water management system autltorized by Environnretrtal Resoucc Permit
No. 11:O134951-00I erfiffi0ffifxoo& / is expectcd to courmcucs on
rrrirrsr. L7. 199g, and will requirc a dtration of approxlmatcly I2O months
ufi*r drysto cortlplete. it is irnderstood that should the oonstruction term
extend beyond one y€ar, i am obligated to submit 0re Annual Status Report for Surface
Water Management System Comtnrctiou,
PLEASE NorE; If thc actual constructiou commencement date is not knovm, Deparhuent
stafr should be so notified in rwiting in order to satisry pernrit conditions,
MilF,on Kent
Permittcc or
Authorized Agent
4300 c.R. 95I,Naplesr FL 34114
I
Operations Mafaqer/Southern_Sand -, 07lL3/gB
Titleand Company And Slone, rn.D;G-
Address
,o\h
\N,
,p
I
\T
4 v
(qar Y7q-o72o
Phonc
'
I
I
I
I
Page 1950 of 6641