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Agenda 09/13/2016 R Item #16A16 16.A.16 09/13/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $47,800 to the applicant, Ave Maria Development, LLLP, which was posted as a guaranty for Excavation Permit Number 59.902-20, PL20140000068 for work associated with Coquina at Ave Maria,Phase One. 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 with respect to this security. The Performance Bond was posted as security for an Excavation Permit associated with Coquina at Ave Maria, Phase One, PL20140000068. The As-Built lake cross sections have been received and the lakes have been inspected by the Development Review Division. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of$47,800 to the applicant, Ave Maria Development, LLLP. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth Management Department ATTACHMENT(S) 1.Location Map (PDF) 2.Performance Bond (PDF) Packet Pg. 575 16.A.16 09/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.16 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $47,800 to the applicant, Ave Maria Development, LLLP, which was posted as a guaranty for Excavation Permit Number 59.902-20,PL20140000068 for work associated with Coquina at Ave Maria, Phase One. Meeting Date: 09/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 06/30/2016 12:22 PM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 06/30/2016 12:22 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/05/2016 10:03 AM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 2:53 PM Growth Management Department Judy Puig Level 2 Division Reviewer Skipped 07/05/2016 10:03 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/02/2016 12:55 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:01 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 3:00 PM Growth Management Department Judy Puig Level 3 Division Reviewer Skipped 07/05/2016 10:04 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2016 3:26 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2016 4:41 PM Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 9:06 AM Growth Management Department Judy Puig Level 4 Division Reviewer Skipped 07/05/2016 10:04 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 8:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM Packet Pg. 576 16.A.16.a tIli _ —/:�ti PROJECT LOCATION Mai TOWN OF i AVE MARIA 'L IMMOKALEE ROAD1 oCD 11. 1111P 2 > f VJ G 5 To 11.1 Cr 90 c U -o OIL WELL ROAD o m IMMOKALEE ROAD _._..--1 c 0 o t > ca U X GOLDEN GATE BLVD w To cn T- o. ca i c o U 1-75 w c g U o:It- 1 1 Packet Pg. 577 16.A.16.b PERFORMANCE BOND FOR EXCAVATION WORK Bond No. 105870802 KNOW ALL PERSONS BY THESE PRESENTS: that Ave Maria Development, LLLP 2600 Golden Gate Parkway Naples, Florida, Florida 34 105 (hereinafter referred to as"Owner") and Travelers Casualty and Surety Company of America One Tower Square. 38 Hartford, CT 06813 2 m (800)873-1477 (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 Forty-Seven thousand eight hundred dollars and 00 0 cents Dollars ($47,800.00) 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 -a 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.Y1.`it LAC: Coquina at Maple Ridge Phase 1 and that > certain Early Work Authorization shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter"Land Development Regulations"). This obligation of the Surety w 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 specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change of Ownership, or until issuance of a subsequent final development order such as a Site Development c Plan (SDP) or Subdivision Plat and plans (PPL). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations 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 the County may a incur in making good any default, then this obligation shall be void, otherwise to remain in full force and ; effect. B" 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 (Is in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, Q 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 referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Pg. 578 I6.A.16.b IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 17th day of July, 2014. WITNESSES: Ave Mari. D elopment LP tirru,��c /C/ l By:. i �.- /OcL I !1 k� �+� GNP.- E. k- RD Printed Name ami � AR tc. Ca ►C>R, COP , tTS Get- P TNz T, ;(;t J (A U(11t( P t. , Printed Name/Title (Provide Proper Evidence of Authority) Printed Name A'iJ(t//lfq- O1;V4 ACKNOWLEDGEMENT 2 a) STATE OF FLOI IDA COUNTY OF COLLI Est_ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS /7DAY OF -.71)LI 20 P-f- BY Dov&i15 E. 841 RD A V. P. OF BA020rJCOL1Ee..0O2Q,.7.1s PERSONALLY KNOWN TO ME, OR HAS PRODUCED - AS IDENTIFIC, TIO . Notary Public- State of FLO.JOA o • (SEAL) 0,14,14/07 Printed Name ti,g v, L.ViaNE18-1 Co WITNESSES: Travelers Casualty and Surety Company of America c ' o _ m By: /.1 L U 1L1•JC-v`t Charity A. Strass?, Attorney-In-Fact Printed Name o ) ��J —1c Printed Name/Title a eLl-S. R /3• "171 (Provide Proper Evidence of Authority) Printed Name 1= ACKNOWLEDGMENT cva STATE OF FLORIDA COUNTY OF COLLIER THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS / 7DAY OF July, 2014, BY Charity A. Strassel AS Attorney-In-Fact OF Travelers Casualty and Surety Company of America, WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Nota Public- )rte ff ride (SEAL) NJ: r/ i / ,��✓1/i4 ,y�r s George Lemon 7 4711,k t, GEORGE T.LEMON (m. * MY COMMISSION I FE X223 EXPIRES:AprV 19,2018 8cndrdThrsrBudpetHotary9,rvlcel Packet Pg. 579