Agenda 09/12/2017 Item #16A4209/12/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release an Irrevocable Standby Letter of
Credit in the amount of $16,400 which was posted as a guaranty for Excavation Permit Number
60.146, PL20160000338 for work associated with the Collier Charter Academy.
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 Letter of Credit was posted as security for an
Excavation Permit associated with the Collier Charter Academy Site Development Plan (SDP),
PL20150002089. 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 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 Irrevocable Standby Letter of
Credit in the amount of $16,400. Development Review 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
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Letter of Credit (PDF)
16.A.42
Packet Pg. 803
09/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.42
Doc ID: 3525
Item Summary: Recommendation to authorize the Clerk of Courts to release an Irrevocable
Standby Letter of Credit in the amount of $16,400 which was posted as a guaranty for Excavation Permit
Number 60.146, PL20160000338 for work associated with the Collier Charter Academy.
Meeting Date: 09/12/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
07/24/2017 9:39 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/24/2017 9:39 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/25/2017 8:29 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/25/2017 11:55 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/03/2017 4:57 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/04/2017 10:44 AM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 07/24/2017 9:32 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2017 12:30 PM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 10:41 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 1:40 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 2:37 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:36 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM
16.A.42
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16.A.42.a
Packet Pg. 805 Attachment: Location Map (3525 : Excavation Bond Release Collier Charter Academy)
EXCAVATION PERFORMANCE AGREEMENT
WHEREAS, Developer has applied for an excavation permit in accordance with Section
22-106, et al. ol 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
comply with the Excavation Regulations and Excavation Permit No. PL20160000338 (the
"Excavation 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:
Oeveloper agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
2
3
4
5
b.
Developer herewith tenders its excavation performan
as Exhibit "A" and by reference made a part
ce security (attached hereto
hereof) in the amount of
16
ln 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.
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.
The county lvlanager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work ic 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.
ln the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon ceftification of such failure, the county Nlanager or designee
may call upon the excavation performance security to seeure 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,
PERFORMANCE AGREEMENT entered into this
between Red Apple at Collier,LLC_ hereinafter
of County Comrnissioners of Collier County, Florida, hereinafler
/7 davofrffia to as
and
referred to as the "Board".
16.A.42.b
Packet Pg. 806 Attachment: Performance Agreement and Letter of Credit (3525 : Excavation Bond Release Collier Charter Academy)
the Excavation Work, The Developer, as principal under the excavation
per{ormance 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 drrect 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 condilions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEREOF, the Eoard and Developer have causpf-tlis Agreementlo be
executed by their duly authorized representatives this /Lday of /rCf ,20./b.
SIGNED IN THE PRESENCE OF:
Sign:Red Apple at Collier, LLC
Name:r(€ \.*
Sign:President
Name.
ATTEST
BOARD OT COUNTY COMMISSIONERS
OF COLTNTY.FI-ORIDA
Bv'
DWIGHT E BROCK, CLERK as designee of the County Manager
pursuant to Resolution No. 20 l5- 162
Deputy Clerk
AS form and legality:
A. Stone
Assistant County Attorney
16.A.42.b
Packet Pg. 807 Attachment: Performance Agreement and Letter of Credit (3525 : Excavation Bond Release Collier Charter Academy)
Br{Hr0*r A
ErCB
FLCIRI DA COMMUNITY I}AN K
NOVEMBER 1 2016
EXCAVATI ON IMPROVEI/IENTS
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 7OOOOO134
ISSUER: Florida Community Bank, N.A. Attn: Trade Finance Services Department, 369 N. New
York Avenue, Winter Park, FL 32789, phone # 407-786-8008, email Tedewryiceq@fqb19_?3.cpln
(hereinafter "lssuer")
PLACE OF EXPIRY: At lssuefs counters.
DATE OF EXPIRY: This Credit shall be valid until November 1 , 2018, and shall thereafter be
autonratically renewed for successive one-year periods on the anniversary of its issue unless at
least sixty (60) days prior to any such anniversary date, the lssuer notifies the Beneficiary in writing
by registered mail that the lssuer elects not to so renew this Credit.
APPLICANT: RED APPLE AT COLLIER, LLC (hereinafter "Applicant") 800 Corporate Drive, Suite
124, Fort Lauderdale, FL 33334
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter
"Beneficiary") c;1o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida
341 04.
AMOUNT: SIXTEEN THOUSAND FOUR HUNDRED AND 001100 US DOLLARS ($16,400.00) up
to an aggregate thereof.
CRELIT AVAILABLE WITH: lssuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the
lssuer.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY,S DRAFT(S) AT SIGHT DRAWN ON
THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEIVENT PURPORTEDLY SIGNED
BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT "Red Apple at Collier, LLC has
failed to construct and/or maintain the excavation improvements associated with Excavation Permit
No. PL20160000338 (60.146), or prior to the 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
Applieant failed to provide the County with a $atisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: ',DRAWN UNDER
FLORIDA COMhNUNITY BANK, N A., LTTTER OF CREDIT NO.7OOOOO134, DATED NOVEMBER
1, 2016" The orlginal Letter of Credit and all amendments, if any, must be presented for proper
endorsement. Draft{r) may be presented within the State of Florida or rnailed to the following
address; 369 N. New York Avenue, Winter Park, FL 32789.
This Letter of Credit sets forth in full the terms of the lssuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall
not be deemed to incorporate herein by reference any document, instrument or agreement.
lrrevocable Sland-by Letler of Credir 72000001 34
Page 1 ol 2
16.A.42.b
Packet Pg. 808 Attachment: Performance Agreement and Letter of Credit (3525 : Excavation Bond Release Collier Charter Academy)
FL0RIDA Cor,tuuNtrry
lssuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms
of this Credit will be duly honored by lssuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits GOAT Revision)
lnternational Chamber of Commerce Publication No. 600.
N,ACOMNN
lrrevocable Stand-by Letter of C&dit 7200000134
Page 2 of 3
Couch,
16.A.42.b
Packet Pg. 809 Attachment: Performance Agreement and Letter of Credit (3525 : Excavation Bond Release Collier Charter Academy)