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Agenda 07/11/2017 Item #16A1307/11/2017 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $10,000 to Chatham Woods Development, LLC which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160003012) for work associated with Chatham Woods. _____________________________________________________________________________________ OBJECTIVE: To release a security which 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 Land Development Code (LDC). The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for Chatham Woods PPL, (PL20150002912). On May 25, 2017, the construction plans and plat were approved by the Board of County Commissioners. Once the construction plans and plat for this project are approved, the bond is no longer required. A recent inspection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this action. 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. - SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of $10,000 to Chatham Woods Development, LLC. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement and Bond (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 3338 Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $10,000 to Chatham Woods Development, LLC which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160003012) for work associated with Chatham Woods. Meeting Date: 07/11/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 06/08/2017 9:34 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/08/2017 9:34 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/09/2017 9:32 AM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/09/2017 10:12 AM Growth Management Development Review Chris Scott Additional Reviewer Completed 06/12/2017 8:15 AM Growth Management Department Matthew McLean Additional Reviewer Completed 06/12/2017 12:44 PM Growth Management Department Judy Puig Level 2 Division Administrator Skipped 06/09/2017 10:03 AM Growth Management Department James French Additional Reviewer Completed 06/15/2017 1:57 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 06/21/2017 3:53 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/21/2017 4:07 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/21/2017 5:02 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/27/2017 5:49 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/01/2017 1:39 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM {*1 \6ROO{ {5'rATI5 PIJO eoil ClU6 IMPEIT&AL tAK[S 15 wtST 14 ,r*6 rntr$ o o€2oF \, : r8 UF c.uF2 22 ro{"LrElI AC] 21 2i HOf,tl.l itAPr€s./urour{ (c.R. s4o)\ narusruuoxAt Ef Ro b 24 CARLTOI{ ts RE*EHCY V}LLAGELAI(!5 cYr. 27 50urt*MProil 28 F ,,t ! -.,1tcr zo oD U i t-t -il ffinfl.l PUD 1 8ftEil' PUD ICAXE r LOCATION MAP 1 KU,+lJ PARI( rllEt EARLY WORK PERFORMANCE AGREEMENT THIS EARLY CE AGREEMENT ente and the Board of County Commissioners of Collier County, Florida, hereinafter the "Board" woBl( PERFORMAN 20 ilo between Developer herewith tenders its early as Exhibit "A" and by reference .'- i,*. rred into this ' :l day of herernafter referred to as work performance security (attached hereto made a part hereof) in the amount of {L&4, * WHEREAS, Developer has applied for an early work authorization in accordance withthe Collier County Land Development Code including but not limited to Section 10.01.02.8 (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriateperformance guarantees-tgSn?qre compliance with the Early Work Regulations and Early Work Authorization Permit ruo ?lJall-00o-io12* (the "Early woit< 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 Early Work Regulations and the Early Work Permit (the "Early Work"). "Developer," referred to as tr 6 2 3 A , ,:"' ln the event of default by Developer or failure of Developer to complete the Earlywork within the time required by the Earty 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 Early Work Regulations. The county Manager or designee shail, 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 approvat 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 Agreemenl, 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 completron of such construction, the final 7 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. All of the terms, covenants and conditions hcrein contained are and shall be binding upon Developer and the respectir e successors and assigns of Developer. lN WITNESS WHEREOF, the Board and Developer ffirve executed by their duly authorized representatives this ' ':. , 20 it ,-'r ) ''i '.'t . caused this Agreement to be day of Tlt:-Lr;-vl *l>i-,t--,- -1 , .1 , 11 );3r ,;7 ,. i')..," i * r i- {." t" {A*.i') I't*t"- /*&{ /{*L- ^- t Lf */te SIGNED THE ENCE OF Sign: I Printed Name Sign Printed Name ATTEST DWIGHT E, BROCK, CLERK Deputy Clerk AS form and legality: Scott A. Stone Assistant County Attorney (hlame of Entityl Printed Nameffitle (President, VP, or DEO) Provide Proper Evidence of BOARD OT COL.NTY COMMISSIONIRS OF COLLIER COI'J^*TY. FLORIDA tjtt'By B),: as designce oi'the Countv Manager pursuant to Rcsolutinn \Jo. 20 I -t-l 62 r Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contach FEE DETAILS: Fee Desqrioti.on Refundable Bonds Cashier Name: Batch Number: Entered By: RECEIPT OF PAYMENT 20t6373969 20 1 6-080607 t7/r5l20L6 $10,000.00 Pavms"nt Methed Amoynt PaidCheck $ 10,000.00 $10,000.00 $0,00 CHATHAM WOODS DEVELOPMENT LLC 3253 GERMAN WOODS CTNAPLES , FL 34116 J Check Number 0 1 9064 \:, ,t -r uA'' Reference Number P120160003012 Orioinal Fee $ 1 0,000.00 Amount Paid s 10,000.00 GL Account 670-000000-2201 13 AlinaHarris 5937 AlmaSernaBrito Collier County Growth Management Division 2BO0 Horseshoe Drive N. Naples, fL j41Q4 -4f