Agenda 03/13/2018 Item #16A 303/13/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a performance security in the amount
of $9,073.15 which was posted as a guaranty for Site Development Plan, PL20140000858 for work
associated with Fifth Third Bank within the Sabal Bay Planned Unit Development.
_____________________________________________________________________________________
OBJECTIVE: To release a performance security which was posted in relation to development of access
improvements for Fifth Third Bank located at 4570 Thomasson Lane, Naples, Florida.
CONSIDERATIONS:
On March 19, 2015, the Collier County Hearing Examiner approved Hearing Examiner Decision No.
2015-09, which included an insubstantial change to the Sabal Bay Planned Unit Development (PUD) to
add an additional access point on Thomasson Lane. Condition of Approval #2 states:
During review of the Site Development Plan or subsequent Right -of-Way permit approval, the
County may require a performance guarantee, such as a bond or letter of credit, be posted by the
applicant in order to provide for closure of the left-in or left-out movements. An operational
review may be performed by the County within the first 18 months after issuance of the
Certificate of Occupancy. If upon review of the results of the operational review, the County
determines it is necessary to close the left-in or left-out movements, the County may call on the
performance guarantee in order to pay for the cost of installing the appropriate driveway
barriers to preclude left-in/left-out turning movements.
The developer subsequently applied for Site Development Plan approval PL#20140000858. On July 7,
2015, the applicant and the County entered into an Access Improvement Agreement, whereby the
applicant would provide a performance security to ensure the County would be able to close the access
point's left-in and left-out movements, if necessary. The Fifth Third Bank building received a Certificate
of Occupancy on July 8, 2016. Traffic Operations performed an operational review in June 2017, and it
was determined that it was unnecessary to eliminate the left-in or left-out turning movements. Therefore,
since the left-in, left-out movements for the access point don’t require closure, the letter of credit must be
released, in accordance with the Agreement.
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 attached letter of credit in
the amount of $9,073.15 to the developer. 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. Agreement and Letter of Credit (PDF)
2. HEX (PDF)
3. Agreement (PDF)
16.A.3
Packet Pg. 269
03/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.3
Doc ID: 4734
Item Summary: Recommendation to authorize the Clerk of Courts to release a performance
security in the amount of $9,073.15 which was posted as a guaranty for Site Development Plan,
PL20140000858 for work associated with Fifth Third Bank within the Sabal Bay Planned Unit
Development.
Meeting Date: 03/13/2018
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
02/01/2018 11:45 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
02/01/2018 11:45 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 02/01/2018 2:17 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/02/2018 5:25 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 02/05/2018 11:59 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 02/07/2018 4:46 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 02/08/2018 4:32 PM
Growth Management Department James French Deputy Department Head Review Completed 02/19/2018 2:17 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 02/22/2018 1:36 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/22/2018 2:00 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/22/2018 5:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/26/2018 1:43 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/03/2018 3:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM
16.A.3
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16.A.3.a
Packet Pg. 271 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 272 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 273 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
16.A.3.aPacket Pg. 274Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 275 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 276 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 277 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
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Packet Pg. 278 Attachment: Agreement and Letter of Credit (4734 : Fifth Third release security)
16.A.3.b
Packet Pg. 279 Attachment: HEX (4734 : Fifth Third release security)
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Packet Pg. 280 Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 1 of 6
16.A.3.b
Packet Pg. 281 Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 2 of 616.A.3.bPacket Pg. 282Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 3 of 616.A.3.bPacket Pg. 283Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 4 of 616.A.3.bPacket Pg. 284Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 5 of 616.A.3.bPacket Pg. 285Attachment: HEX (4734 : Fifth Third release security)
Exhibit A to HEX No. 2015-09
Page 6 of 616.A.3.bPacket Pg. 286Attachment: HEX (4734 : Fifth Third release security)
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Packet Pg. 287 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 288 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 289 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 290 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 291 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 292 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 293 Attachment: Agreement (4734 : Fifth Third release security)
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Packet Pg. 294 Attachment: Agreement (4734 : Fifth Third release security)