Agenda 11/15/2016 Item #16A 5 16.A.5
11/15/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$50,400
to Imperial Golf Club which was posted as a guaranty for Excavation Permit Number 60.134,
PL20150002789,for work associated with the Imperial Golf Course.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Development Review Division routinely accepts securities administratively
as guaranties for excavation improvements 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 Cash Bond was posted as security for an Excavation
Permit associated with the Imperial Golf Course, PL20150002789. The As-Built lake cross sections have
been received and the lakes have been inspected by staff.
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$50,400 to the Imperial Golf Club. 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 Security (PDF)
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11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the
amount of$50,400 to Imperial Golf Club which was posted as a guaranty for Excavation Permit Number
60.134,PL20150002789,for work associated with the Imperial Golf Course.
Meeting Date: 11/15/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/12/2016 12:10 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/12/2016 12:10 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/13/2016 4:04 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/17/2016 9:05 AM
Growth Management Department James French Additional Reviewer Completed 10/18/2016 11:18 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 10/25/2016 10:54 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/27/2016 9:54 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 10/27/2016 3:34 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/27/2016 3:47 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/31/2016 11:06 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.A.5.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this IO.'4' day of
c...A , 20.1k between Imperial Golf Club, Inc. 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 c_)
guarantees and execute an Excavation Performance Security Agreement stating applicant will
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comply with the Excavation Regulations and Excavation Permit No. 60.0/ (the 'Excavation C.7
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Permit").
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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:
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1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit(the°Excavation Work"). -0
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2. Developer herewith tenders its excavation performance security (attached hereto ••
as Exhibit"A"and by reference made a part hereof) in the amount of$50,400.00. 0
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 insure 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 CD
with the Excavation Regulations. a.
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.
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
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16.A.5.b
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 lag' day of Mei , 20/6 .
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SIGNED IN THE PRESENCE OF: a
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ATTEST:
BOARD OF COUNTY COMMISSIONERS %---
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OF COLLIER COTY,FLORIDA u
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By:
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DWIGHT E. BROCK, CLERK as designee of the County Manager
By: pursuant to Resolution No.2015-162
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Deputy Clerk
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Ap.roved it to form and legality:
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Scott A. Stone
Assistant County Attorney
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples,FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2016307201
Transaction Number: 2016-013839
Date Paid: 03/10/2016
Amount Due: $50,400.00
Payment Details: Payment Method Amount Paid Check Number
Check $50,400.00 022439
Amount Paid: $50,400.00
Change / Overage: $0.00 0
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Contact: Imperial Golf Club
PO Box 11809 To
Naples, FL 341080131 a
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FEE DETAILS:
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Fee Description Reference Number Original Aim= GL Account c
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Refundable Bonds PL20150002789m
$50,400.00 $50,400.00 670-000000-220113
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Cashier Name: AlinaHarris
Batch Number: 5125
Entered By: ValerieKullick
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