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Agenda 04/14/2026 Item #16A3 (Clerk of Courts to release Performance Bond for Brightshore Village PL20240012346)4/14/2026 Item # 16.A.3 ID# 2026-525 Executive Summary Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $86,200, which was posted as a development guaranty for an Early Work Authorization (EWA) for work associated with Brightshore Village. [PL20240012346] OBJECTIVE: To release a security that was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected, and the developer has fulfilled his commitments regarding this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization (EWA) for Brightshore Village (PPL PL20240000773). The PPL was approved by the Board of County Commissioners on May 13, 2025, and the EWA bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. This item is consistent with the Collier County strategic plan objectives to operate an efficient and customer-focused permitting process. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: Performance Bond securities are held as a development guarantee and released after work is performed. 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 $86,200. Development Review 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 523 of 3203 BRIGHTSHORE VILLAGE LOCATION MAP Page 524 of 3203 EARLYWORKPERFORMANCEAGREEMENT A.,h Y WORK PERFORMANCE AGREEMENT entered into this / day of , 2025, between Brightshore Community Development District hereinafter THIS EARL V4aQCH 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 early work authorization in accordance wath the Collier County Land Development Code including but not limited to Section 10.0'1.02.8 (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL20240012346 (the "Early Work 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: Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $86,200.00. ln the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Eariy Work Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early 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 Early Work. The Developer, as principal under the early 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 2 3 4. 1 q b. Page 525 of 3203 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. reement t obe 2025. SIGNED IN THE PRESENCE OF:Brig Commu Development District Sign Printed Name S..t; nc.e. Nick Casalanguida Chairman Pri Name l(151tuA Xcltr*tsop BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By Jaime Cook, Director Development Review Division as designee ofthe County Manager pursuant to Resolution No. 2015-162 legality Derek D. Perry Assistant County Attorney 7 lN WTNESS WHEREOF, the Board and Developer. have cau executed by their duly authorized representatives this *rh day sed this Ag of F4rL c/./ Sign A I+.vJ.l 4t0-------- Page 526 of 3203 Exhibit ttN' Performa nce Secu rity Page 527 of 3203 Exhibit "A" Bond No. 7901079744 PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION KNOWALL PERSONS BYTHESE PRESENTS: that Brightshore Community Development District 707 Orchid Drive Naptes, FL 34102 (hereinafter referred to as "Owner") and Nationwide MutuaI lnsurance Company 1 100 Locust Street, Dept. 2006 Des Moines, lA 50391-2006 866-387-0457 (hereinafter referred to as "Surety") are hetd and firmty bound unto Coltier County, Ftorida, (hereinafter referred to as "County") in the totat aggregate sum of Eighty-Six Thousandl&ollulld red Dottars ($86.200 ) in tawf ut money of the United States, for the payment of which sum wett and truty to be made, we bind oursetves, our heirs, executors, administrators, successors and assigns, iointty and severatty, firmty by these presents. Owner and Surety are used for singutar or pturat, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approvat by the Board a certain Earty work Authorization Pemit No. P12024001 2346 and that certain Earty Work Authorization shatt inctude specific improvements which are required by Cottier County Ordinances and Resotutions (hereinafter "Land Devetopment Regutations"). This obtigation of the Surety shatt commence on the date this Bond is executed and shat[ continue untitthe comptetion of the work and approvat by the County of the specif ic improvements described in the Land Devetopment Regutations, or untiI issuance of a subsequent finat development order such as an Site Devetopment Ptan (SDP) or Subdivision Ptat and Ptans (PPL) (hereinafter the "Guaranty Period"), or untit reptaced by a new bond in the event of a change in Ownership. PROVIDED FURTHER, that the said Surety, for vatue received hereby, stiputates and agrees that no change, extension of time, atteration, addition or detetion to the proposed specif ic improvements NOW, THEREFORE, if the Owner shatt wett, truty and faithfutty perform its obtigations and duties in accordance with the Land Devetopment Regutations duringthe guaranty period estabtished by the County, and the Owner shatt satisfy at[ ctaims and demands incurred and shatt f utty indemnity and save harmtess the County from and against att costs and damages which it may suffer by reason of Owner's faiture to do so, and shatt reimburse and repay the County att outtay and expense which the County may incur in making good any defautt, then this obtigation shat[ be void, otherwise to remain in f ut[ force and effect. Page 528 of 3203 shatt in any way affect its obtigation on this Bond, and it does hereby waive notice of any such change, extension of time, atteration, addition or detetion to the proposed specif ic improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shatt be deemed amended automaticatly and immediatety, without formal and separate amendments hereto, so as to bind the Owner and the Suretyto the futl and faithfut performance in accordance with the Land Devetopment Regutations. The term 'Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shalt include any atteration, addition or modification of any character whatsoever. lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 4th day of March, 2025. Printed Name praAolas A. Y.,oul"l" NotariaI Acknowtedgement Per Requirements of S 1 17.05, Ftorida Statutes STATE OF FLORIDA COUNry OF COLLIER The foregoing instrument was acknowtedged before me by means of dphysicat presence or ! onl.ine notarization, this + day of March 2025, byN Brightshore Community Devetopment District, who tr(s ick Casatanguida as Chairman for personatty known or E has produced [type of identificationl as i dentification. [signature of Notary Pubtic] [the Notary Pubtic's officiat seat] <_: -)abin a E. +a-- J-a WITN ESSES:Brightshore C?m munity Development District4 ,.2 By V Printed Name lqltsrt NA f,ult,^lr r ru Nick Casatanguida, Chairman (Provide Proper Evidence of Authority) 7.//72"4- ,,$sft, a#r$ SABINA HARDY MY COMMISSIoN f HH 343836 ExPlREs: Jarusl, 14, 2027 lprint"O n... ot wotary eu[ic] /D-- Page 529 of 3203 Nataonwide MutuaI lnsurance Company fi t. -L /, \nr WITN ESSES: 1,xt ,l,\A^t ltul A I YlVMg--- Lauren Bradley rUst, fiiqi,^^ Doris Wiggins \\ By: Charity A. Moser, Attorney-ln-Fact (Provide Proper Evidence of Authority) Notariat Acknowtedgement Per Requarements of S 1 17.05, Ftorida Statutes STATE OF F].OiIDA- COUNTY OF COLLIEB The foregoing instrument was acknowtedged before me by means offi physicat presence or n ontine notarization, this 41h day of March, 2025 by Charity A. Moser as Attorney-ln-Fact for Nationwide Mutuat lnsurance Company, whoE is personatty known or E has produced ltype of identification as iden on. Isignature of Notary Public] lthe Notary Pubtic's officiat seatl Elvssa Glass [printed name of Notary Pubtic] ETYSSA GLASS MYCOMMISSIoN#HH3.)4r,,7, EXPIRES: Argusl 24. ri ,'tW: Page 530 of 3203 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mufual lnsurance Company, an Ohio @Doration 0000083041Powor of Attornoy STATE OF NEW YORK COUNry OF KINGSj ss On this 1st day of April. 2024, bob.e mo carnq fle above.nam€d officer for the Company aforgsaid, to me peGonally known to b€ t 19 officsr describ€d in and who exocutsd the p.eceding instrumont. and he acknowledged thg gxoculion ofthe sam6. and being by m6 duly swom, d€posos and says, that h6 is tho officor ofthe Company aforesaid, that the sealaffixed herElo is th6 corporate s6al of said Company, and the said corporate s6al and his signature were duly affixed and subscribod to said instrument by the aulhority and direction of said Cornpany. hereinafrer refened to severally as the "Company" and colledively as "thg Companigs' do98 hgrcby msk6. constituto and appoint: CHARITY A MOSER: each in their individual capacity. its true and lawtul attomey-in-fact, with full power and aulhority to sign, s€al, and gxgcute on its behalfany and all bonds 6nd undertakings, and other obligatory insuumenE ot similar natur6, in p€nalties nol gxcseding the 8um of TINLIMITED and to bind the Company thereby, as tully and to lhe same ext6nt as if such inshum6nts wor6 signed by the duly authoriz€d officers of tha Company; ahd all acts oI said Attomey puEuant to the authority given are hereby ratifiod and coflfirmed. This power of attomey is made and executed puBuant to and by authority of ths icllowing r€solution duly adopted by tho board of diroctoG of the Company: 'RESOLVED. that the president, or any vice prosident bo. and each hereby is, authorized and gmpo$/ored to appoint attorneys'in-facl of th6 Company, and to authorize them to execule and deliver on b€half of the Company any and all boods, brms, appllcatons, memoGndums, undortakings, recognizanc€s, transfers, contracts of indemnity, policiss. contrac-ts guaranteging the fidolity ot persons holding posltions of public or privat6 trust, and oth€r writings obligatory in nature that the business of th€ Company may require; and to modify oI revoke, with or without caua6, any such appoinlrnenl or authority; provided, however, that the authodty grant€d hereby shall in no way limit th€ ault\ority of other duly authorizod agenb to sign and counte(iign any of saft, documents on behalf of the Comp€fiy.' 'RESOLVEO FURTHER, that such atto.neys-in-tact shall have tull pow6r 6nd authority to exocute and doliver any and all such documents and to bind the Company subject to the terms and limitations of the porlBr of attom€y iasuod to them, and to affix tie seal of th€ Company th€reto; provU6d, how€ver, that sakl s€al shall not b€ necossary for the valijity of any suci dooJm6nts.' This povrer of attomey is signed and sealed undsr and by the bllowing byaws duly adopted by the board of directors ofthe Company Execution of lnstruments. Any vice prosilent, any assistant s€cratary or any assistad bsasurcr shall have tho powgr and authodty to sign or att€st all aTti6TfrITocrn]EfieiElE6tumenb, conbscb, or other papeG in connodim with th6 operatim of tho businoss of tho coapany in addition to lhe chairman of the boaad, th€ chief executivG offc6r, prgsldent, hgasuaer oa s€cretary; provided, howevea, tho signahrae of any of thom may be painted, engraved, or stamped on any approved documenl, contracl, instrumont, or other papors oI the Company. IN WITNESS WHEREOF, the Company has caused this instrumgnt to bg ssalgd and duly attgsted by tho signature of its offcor the 1st day ofApril, 2024 Antonio C. AlbanosG, Vlc. Pr..ld.nt of Nationwido Mutual lnsu.ance Company ACKNOWLEDGMENT r#sr1.t$-' ShrD.! L.brda Not ry Puutc, SEIB ol N6i Yort No. 01L4r8i127697 At,8fi.d h Kng! Coont Cofl?riloil Exdli J.nu!.v 3. 2026 CERTTFTGATE Jsury3 2026 I, LeZie F. Chimienti, Assistant Secretary of the Company, do her€by certify that thg forogoing is a tull, tru6 and conecl copy ofthe original power of attomey issued by the Company; that the resolution includod therein is a truo and conect tlanscrlpl from the minut€s of the moetings of th€ boards of directors and the same has not be€n revoked or amended in any manner; that said Antonio C. Albanese was on the dat€ of th6 srocution of lhe foregoing powor of allomoy the duly eleded officet of the Company, and tho corporats seal and his signature as officsr wore duly afllxed and subscdbed to the said instrument by th6 authority of said board of direclors; and the foregoing pov/er of attomoy is still in full force and 6ffect. lN WITNESS wHEREOF, I have MAr(h '/nLr Assisiant Socretary BtN 1(s-24)00 righl-hand cornor Cont.ci us al 212-329€900 ir rhis doclm€nt ts void or it y(|{r iav; arry qo€stions herounto subsc.ibod my namo as Assl8tant Secretary, snd afixgd the corporate s6al of sald Compsny this 11_ day of/-14(a!j-/ t,t-. Page 531 of 3203 EXHIBIT IIB" Signing Authority Page 532 of 3203 ORDINANCE NO. 2022 -_54_ WHEREAS Alyssa C. Willson, Esq. of Kutak Rock LLP, on behalf of Petitioner, Hogan Farms, LLC, a Florida limited liability company, has petitioned the Board of County Commissioners of Collier County, Florida ("Board"), a political subdivision ofthe State ofFlorida, to establish the Brighshore Community Development District ("District"); and WHEREAS, the Board of County Commissioners, after proper published notice has conducled a public hearing on the petition and determined the following with respect to the factors to be considered in section 190.005(1)(e), Florida Statutes, as required by section 190.005(2)(c), Florida Statutes: l. The petition is complete in that it meets the requirements of section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. Establishment of the proposed District is not inconsistent with any applicable element or portion ofthe local comprehensive plan of Collier County, known as the Collier County Growth Management Plan. or the State Comprehensive Plan. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufliciently contiguous to be developable as one functional interrelated community. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 3 4 [22-CMP-0 l t26t t7 18239t tl Page I of5 CAO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 681.{5+/- ACRES; PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS; PROVIDING FOR THE DISTRICT NAME; PROVIDING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSENT TO SPECIAL POWERS; PROVIDING FOR PETITIOI\ER,S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 2. Page 533 of 3203 The community development services and facilities of the District will not be incompatible with the capacity and uses ofexisting local and regional community development services and facilities. The area that will be served by the District is amenable to separate special-district govemment; and WHEREAS, it is the policy of this State, as provided for in section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of is powers as set forth by uniform general law comply with all applicable govemmental [aws, rules, regulations, and policies goveming planning and permitting ofthe development to be serviced by the district, to ensure that neither the establishment nor operation ofsuch district is a development order under Chapter 380, Florida Statutes and that the district so established does not have any zoning or pcrmitting powers goveming development; and WHEREAS, section 190.004(3). Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those lerms are defined in the Local Govemment Comprehensive Planning and Land Development Regulation Act. A district shall take no action which is inconsistent with applicable comprehensive plans. ordinances, or regulalions ofthe applicable local general-purpose Sovemment; and WHEREAS, pursuant to sections 190.0t2(2)(a) and (2Xd), Florida Statutes, in connection with the establishment of the proposed community development district, the petition further seeks the consent from Collier County for the grant of authoriry* to exercise special powers without question as to the continued right authority and power to exercise its limited powers as established by this Ordinance. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COLNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA thati SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted purcuant to section 190.005(2), Florida Statutes, and other applicable provisions of law goveming county ordinances. 5 [22-CMP-0t r26lr7 r8239/ r]Page 2 of 5 cAo 6. Page 534 of 3203 SECTION TWO:ESTABLISHMENT OF THE BOUNDARIES FOR THE BRIGHTSHORE COMMUNITY DEVELOPMENT DISTRICT. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members of the Board of Supervisors: J Nick Casalanguida 2600 Colden Gate Parkway Bonita Springs, FL 341 34 Amanda Maurizi 2600 Golden Cate Parkway Bonita Springs, FL 341 34 4 Amy Qunell 2600 Golden Gate Parkway Bonita Springs, FL 34134 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Brightshore Community Development District." SECTION FIVE: STATUTORYPROVISIONSGOVERNINGTHEDISTRICT SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance. the Brightshore Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in section 190.012( I ), Florida Statutes, and as otherwise provided by law. Further, the Board hereby consents to the exercise by the Board ofSupervisors ofthe District ofthe special powers set forth 5 [22-CMP-0r t2611718239/r]Page 3 of 5 The Brightshore Community Development Districl is hereby established within the boundaries of the real prope(y described in Exhibit "A" attached hereto and incorporated by reference herein. I John Chef$ 2600 Golden Gate Parkway Bonita Springs. FL 34134 Cee Cee Marinelli 2600 Colden Gate Parkway Bonita Springs, FL 34134 2. The Brightshore Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, and all other applicable general and local law. qo Page 535 of 3203 in sections 190.012(2)(a) and (2)(d), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip. operate, and maintain additional systems and facilities for: (i) parks and facilities for indoor and ouldoor recreational. cultural, and educational uses; and (ii) security, including, bul not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper govemmental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general-purpose govemment agencies for an increased level of such services within the District boundaries. SECTION SEVEN: PETITIONER'S COMMITMENTS The adoption of this Ordinance is predicated upon the material inducements contained in the foregoing Recital sening forth Petitioner's Commitments, re-stated as follows: that the Petitioner, its successors and assigns, shall (l) elect one resident ofthe District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific terms and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's Commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. lfany phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity ofthe rcmaining portion. SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions ofthis Ordinance shall become and be made a part ofthe Code oflaws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or 122-CMP -0 I t 26t t7 I 8239 / t I Page 4 of 5 qo Page 536 of 3203 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTIONTEN: EFTECTIVEDATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this I 3th day of December 2022. ATTEST: , ."1''^ CRYSTAL.K TCINZEf,] BOARD OF COTJNTY COMMISSIONERS COLLIER CO RIDA By: wil L. McDaniel, Jr., Thli oftlltroirca fitcd wltr thc S.c r.lr.Y 2allr.v ol S?ot€'s O{tice tha o{ Oc:rrroboc4.o}} orxl ocg.now ledge liti receiwd lh CLERK lity: Athctrs to sipalure only. ' as to form and I D. Perry Assistant County Attorney oYo122-CMP-0 t t26 t t't I E239 / t l Page 5 of5 of By me'rt ol thct is jDj4- &tv ( By: Page 537 of 3203