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Agenda 10/28/2014 Item #16A 610/28/2014 16.A.6. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Irrevocable Standby Letter of Credit No. 5195512157667 in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.043, (PL20110002185) for work associated with The Conservancy of Southwest Florida. OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: Engineering Services 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 subject security was provided for work associated with a Site Development Plan (SDP). The Letter of Credit was posted as security for an Excavation Permit associated with The Conservancy of Southwest Florida (PL20110002185). The As -Built lake cross sections have been received and the lakes have been inspected by Engineering Services. FISCAL IMPACT: There is no fiscal 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 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of Courts to release Irrevocable Standby Letter of Credit No.5195512157667 in the amount of $25,000.00. Engineering Services 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, Engineering Services / Growth Management Division Attachment: Letter of Credit Packet Page -966- 10/28/2014 16.A.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.6. Item Summary: Recommendation to authorize the Clerk of Courts to release Irrevocable Standby Letter of Credit No. 5195512157667 in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 60.043, (PL20110002185) for work associated with The Conservancy of Southwest Florida. Meeting Date: 10/28/2014 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior, Natural Resources 9/19/2014 7:20:18 AM Approved By Name: McLeanMatthew Title: Project Manager, Principal, Operations and Regulatory Management Date: 10/14/2014 3:18: 10 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/14/2014 3:44:35 PM Name: McKennaJack Title: Manager - Engineering Review Services, Natural Resources Date: 10/20/2014 7:42:43 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 10/20/2014 8:28:38 AM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 10/20/2014 10:25:16 AM Name: KlatzkowJeff Title: County Attorney, Packet Page -967- 10/28/2014 16.A.6. Date: 10/20/2014 10:38:50 AM Name: IsacksonMark Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 10/20/2014 11:11:27 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 10/20/2014 2:55:40 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/20/2014 3:26:57 PM Packet Page -968- Bank of Florida - Southwest 1 185 Immokalee Road Naples. Florida 34110 (239)254 -2100 Applicant: Con,er%anc% o1'Somhmest Florida. Inc. 14;0 \Icrrihuc Drive tia{+le.. F1. 31102 BANK of FLORIDA Your Hospitality Bank IRREVOCABLE STAND -BY LETTER OF CREDIT Issue Date: Letter of Credit No: .Amount: Expiration Date: Date Amended: 10/28/2014 16.A.6. November 28. 2008 5195512157667 525.000.00 November 28. 2009 Januan 13. 2009 Beneficiary: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Complex, Naples, Florida 34112. Att.: Project Plan Review. Ladies and Gentlemen: We hereby irrevocably authorize you to draw on Bank of Florida - Southwest for the account of Conservancy of Southwest Florida, Inc. up to the aggregate amount of 525,000.00 (Twenty Five Thousand and 00 /100 United States Dollars), available by your sight draft(s), when accompanied by: 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, CERTIFYING THAT: Conservancy of SW FL has failed to meet or complete the requirements of Excavation Permit # 60.043 for the, project name Conservancy of Sowlrvvest Florida or final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 91 -102, as amended has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT (S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Bank of Florida Credit No. 5195512157667 dated November 28, 2008. The original letter of credit and all amendments, if any, must be presented for proper endorsement. 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, amended, or amplified by reference to any documents, 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. Issuer hereby engages with Beneficiary that draft (s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No_ 500 We hereby agfFe -'W yo hat all drafts drawn under and in compliance with the terms of this credit shall be duly honored on due aresuntatior1 By: E. Br m.�I iiValk�— r4mmercial Lender;Offlcer 1185 Immokalee 12oad •Naples. Florida 3a 110 • (23 9) >54 -2100 ��_l,unk� ltlurida.c<un • \asdaq: 13011. 1185 Immokalee Ro- ' ' " "4110 • (239) 254 -2100 Wwwba, Packet Page -969- iaq: BOFL