Agenda 04/10/2018 Item #16A1404/10/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$32,880 which was posted as a guaranty for Excavation Permit Number 59.902-34, PL20160002332
for work associated with Maple Ridge at Ave Maria Amenity Center.
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 Maple Ridge at Ave Maria Amenity Center, PL20160002332. 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 Performance Bond in the
amount of $32,880. 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: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Bond (PDF)
16.A.14
Packet Pg. 437
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 5055
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $32,880 which was posted as a guaranty for Excavation Permit Number 59.902 -34,
PL20160002332 for work associated with Maple Ridge at Ave Maria Amenity Center.
Meeting Date: 04/10/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
03/07/2018 2:57 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
03/07/2018 2:57 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/07/2018 3:10 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 03/09/2018 8:54 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/09/2018 2:56 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 03/09/2018 4:57 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 03/12/2018 12:21 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 03/12/2018 3:22 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 03/12/2018 4:00 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/13/2018 12:38 PM
Growth Management Department James French Deputy Department Head Review Completed 03/14/2018 7:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2018 3:49 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 11:10 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 03/27/2018 3:47 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:29 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.A.14
Packet Pg. 438
MAPLE RIDGE AT AVE MARIA AMENITY CENTER
LOCATION MAP
16.A.14.a
Packet Pg. 439 Attachment: Location Map (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
EXCAVATION PERFORMANCE AGREEMENT
Maple Ridge Amenity Center - 59.902-34
L t
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this ?l ^a"y ot
December , 2016 between CC AVE MARIA, LLC 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 a/. 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
comply with the Excavation Reg ulations and Excavation Permit No.59.902-34 Maple Ridqe
Amenitv Center (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:
'1. Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit'A" and by reference made a part hereof) in the amount of $32.880.00.
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 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
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 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 shail
have the right to construct and maintain, or cause to be constructed or
maintained, pursuant to public advertisement and receipt and acceptance of bids,
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3
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5.
16.A.14.b
Packet Pg. 440 Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
7
the Excavation Work. The Developer, as principal under the excavation
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.
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this V'^ day of December, 201 6.
SIGNED IN THE PRESENCE OFssn;{r,_Ot*;)*,_
i)
Printed Name
sisn: Eerl|16 M'-/,'1_'
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Ap aE to form and legality:=:>
I
Scott A. Stone
Assistant County Attorney
CC AVE MARIA, LLC
By
Brian Goguen, I/an tce President
Provide Proper Evide of Authority
BOARD OF CO CO SIONERS
OF COLLIER CO ,FL IDA
By:
AS esrgnee o ftha unty M ageran
pursuant to Resolution No. 20 I 5-162
v i )son
\
16.A.14.b
Packet Pg. 441 Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
16.A.14.bPacket Pg. 442Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
16.A.14.bPacket Pg. 443Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
16.A.14.bPacket Pg. 444Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)
16.A.14.bPacket Pg. 445Attachment: Performance Agreement and Bond (5055 : Excavation Bond Release - Maple Ridge at Ave Maria Amenity Center)