Agenda 12/13/2016 Item #16A 6 16A.6
12/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$72,708.79 to Habitat for Humanity of Collier County, Inc., which was posted as a guaranty for
Excavation Permit Number PL20140002259,for work associated with Legacy Lakes.
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 Legacy Lakes, PL20140002259. 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 Performance Bond No.
SLC501168 in the amount of$72,708.79 to Habitat for Humanity of Collier County, Inc. 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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16.A.6
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $72,708.79 to Habitat for Humanity of Collier County, Inc., which was posted as a
guaranty for Excavation Permit Number PL20140002259, for work associated with Legacy Lakes.
Meeting Date: 12/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
10/18/2016 2:51 PM
Submitted by:
Title: Project Manager,Principal—Growth Management Department
Name: Matthew McLean
10/18/2016 2:51 PM
Approved By:
Review:
^• Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/19/2016 1:11 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 10/25/2016 4:14 PM
Growth Management Department James French Additional Reviewer Completed 10/27/2016 11:03 AM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 8:40 AM
County Attorneys Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:07 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2016 2:29 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 4:59 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/18/2016 3:11 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:33 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT hereinafter "Agreement," is
entered into this :ic..-14aay of October, 2015 between Habitat for Humanity of Collier County, Inc.,
a Florida not-for-profit corporation, 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
guarantees and execute an Excavation Performance Security Agreement stating applicant will
if)
comply with the Excavation Regulations and Excavation Permit No. 20140002259 (the"Excavation
Permit"). ra
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NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants CU
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 C6
Permit (the"Excavation Work").
2_ Developer herewith_tenders its excavation perforrnance_security__(attached hereto___ Ds
as Exhibit"A" and by reference made a part hereof) in the amount of$72,708.79.
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3. In the event of default by Developer or failure of Developer to complete the C%1
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.
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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
with the Excavation Regulations. 16-
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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 (.)
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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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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.
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 &r> `elay of October, 2015.
SIGNED IN THE PRESENCE OF: W
Habitat for Humanity of Collier County, Inc. a
a Florida not-for-profit corporation J
SignatureX/ BY: -�,� co
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ado o Eatci'- Nicholas J. K&loheras
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BOARD OF COUNTY COMMISSIONERS
OF COWER COUNTY, FLORIDA
DWIGHT E. BROCK, CLERK o
By: - .
By.
Deputy Clerk �, 1, ►. i Lr ,t' .�
as designee of the County Manager
pursuant to Resolution No. 2015-162co
Appnoved-as-t, *'_gality:
1
Scott A. tone
Assistant County Attorney
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The Nor(,her°tr frust€nmprury
000 111 Avenue,Suite 2400
Murrill,Florida 33131
(305)372-1000
41 Northern Trust
IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC501168
ISSUER: THE NORTHERN TRUST COMPANY, 600 BRICKELL AVENUE, SUITE 2400,
MIAMI, FL 33131
ATTENTION: LETTERS OF CREDIT DEPARTMENT (HEREINAFTER ISSUER")
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PLACE AND DATE OF ISSUE: 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131 ;w
DATE: 11/19/2015
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PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 600 BRICKELL AVENUE,
SUITE 2400, MIAMI, FL 33131
DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL OCTOBER 26, 2016, AND SHALL
THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS CD
ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO
ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING
BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS CREDIT.
APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (HEREINAFTER o
'APPLICANT") 11145 TAMIAMI TRAIL EAST-, NAPLES,-FL-34113. m
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA N
(HEREINAFTER "BENEFICIARY") C/O GROWTH MANAGEMENT DEPARTMENT, 2800
NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104.
AMOUNT: $72,708.79 (SEVENTY TWO THOUSAND SEVEN HUNDRED EIGHT AND 79/100
U.S DOLLARS) (U.S.) UP TO AN AGGREGATE THEREOF. cn
CREDIT AVAILABLE WITH: ISSUER.
BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS
AT SIGHT DRAWN ON THE ISSUER.
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DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN
ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN
THE EXCAVATION IMPROVEMENTS ASSOCIATED WITH EXCAVATION PERMIT NO.
PL20140002259, (PLAT OF LEGACY LAKES) OR PRIOR TO DATE OF EXPIRY FINAL
APPROVAL OF THE EXCAVATION HAS NOT BEEN GRANTED BY COLLIER COUNTY AS
REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS, AND THE
APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE
PERFORMANCE SECURITY."
PAGE 1/2
NT.AC:3NS-20
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16.A.6.b
The N>r(item Trte4 Company
600 Biickelt Avenue,Suite 2400
Mi.uni,Florida 33131 .-.
(305)372-1000
toNorthern Trust
PAGE 2/2
REFERENCE SLC501168
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN
UNDER NORTHERN TRUST COMPANY LETTER OF CREDIT NO. SLC501168 DATED
11/19/2015. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST o
BE PRESENTED FOR PROPER ENDORSEMENT. DRAFT(S) MAY BE PRESENTED WITHIN 4/73
THE STATE OF FLORIDA AT THE FOLLOWING ADDRESS: >
600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131."
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S
UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, J
AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR
AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT cts
RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE J
HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT.
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ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN 12.
COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER c
IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. °,--
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE N
PUBLICATION NO. 600.
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THE NOS'HERN TRUST COMPANY
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