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Agenda 06/12/2012 Item #16A 56/12/2012 Item 16.A.5. EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release Performance Bond No. 08821642 which was posted as a development guaranty for work associated with the Shops at Eagle Creek. OBJECTIVE: To release a security which was posted as a development guaranty for work associated with Site Development Plan AR -8763, the Shops at Eagle Creek. CONSIDERATIONS: Land Development Services routinely accepts securities administratively as guaranties for developer commitments. 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 completion of a Site Development Plan. As a condition of the Certificate of Occupancy for the Staples store within the Shops at Eagle Creek, the County required the Performance Bond to ensure that the developer would submit a necessary Site Development Plan Amendment to accurately reflect the final site improvements. The attached correspondence reflects the specific improvements. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved this Executive Summary for legal sufficiency. This item requires a majority vote. This item is ready for Board consideration and approval. STW RECOMMENDATION: That the Board of County Commissioners authorize the Clerk of Courts to release Performance Bond No. 08821642, Fidelity and Deposit Company of Maryland / The Shops at Eagle Creek. Prepared by: John Houldsworth, Senior Site Plans Reviewer, Land Development Services/ Engineering Review, Growth Management Division, Planning and Regulation Attachments: 1) Location Map 2) Performance Bond No. 08821642 3) Correspondence Packet Page -1059- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5. 6/12/2012 Item 16.A.5. Item Summary: This item requires that ex parte disclosure be provided bX Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to authorize the Clerk of Courts to release Performance Bond No. 08821642 which was posted as a development guaranty for work associated with the Shops at Eagle Creek. Meeting Date: 6/12/2012 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Engineering & Environm 5/2/2012 1:24:23 PM Submitted by Title: Site Plans Reviewer, Senior,Engineering & Environm Name: HouldsworthJohn 5/2/2012 1:24:25 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/11/2012 10:22:01 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/11/2012 3:06:34 PM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 5/22/2012 10:32:08 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Packet Page -1060- Date: 5/30/2012 8:19:16 AM Name: KlatzkowJeff Title: County Attorney Date: 5/30/2012 11:52:51 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 5/31/2012 6:49:58 PM Name: OchsLeo Title: County Manager Date: 6/4/2012 10:58:08 PM Packet Page -1061- 6/12/2012 Item 16.A.5. m D r m rn m r 0 n D 0 z D rn 3 D wa" Ek.5. 6/12/2012 Item 16.A.5. PERFORMANCE BOND Bond No.: 08821642 KNOW ALL PERSONS BY THESE PRESENTS: that KITE EAGLE CREEK:, LLC 30 S. Meridian Street, Suite 1100 Indianapolis, IN 46204 (hereinafter referred to as "Owner ") and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9229 Delegates Row, Suite 300, Indianapolis, IN 46240 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County ") in the total aggregate sum of FIFTY THOUSAND AND NO1100THS Dollars ($50,000.00) ( herinafter referred to as "Bond Penalty") in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner's Agent, Southern Civil Engineers, has submitted for approval by the County a certain Site Development Plan Amendment number SDPA 2005 AR -8763 for The Shops at Eagle Creek ( "Property ") and that the Owner or Owner's Agent will reflect the accurate site plan for the Property and obtain an approved SDPI on the pending SDPA within two years of the issuance of the Certificate of Occupancy for the Staples store ( "guaranty period ") in accordance with Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default up to a maximum amount of the Bond Penalty, then this obligation shall be void, otherwise to remain in full force and effect commencing on August 17, 2007 and terminating at the end of the guaranty period or upon any withdrawal of the SDPA. whichever is earlier. Once Owner gives County notice that the SDPA permitting process has been completed, County shall have 30 days to object, otherwise bond will terminate on the 30`h day after notice has been given. Packet Page -1063- 6/12/2012 Item 16.A.5. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific obligation shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 24TH day of AUGUST, 2007. (Signature page to follow) Packet Page -1064- C 6/12/2012 Item 16.A.5. TABLE INSET: WITNESSES: KITE,#WE CREEK, LLC By L Y-' JA C.Gowa#J Qi e� 6 Ofd Printed Name Printed Name/Title Printed Name/Title (Provide Proper Evidence of Authority) rinted Name j►j Focl" r < STATE OF 10 D ACKNOWLEDGEMENT ((- t•A �J COUNTY OF KA44orJ THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF .�20 0"1 , BY`iityMCcS K " Mc 6&Jall (NAME OF ACKNOWLED ER) AS C_44 © a 0&-m­ (TITLE) OF KITE EAGLE CREEK, LLC (NAME OF COMPANY O LS PERSONALLY KNOWN TO M OR HAS PRODUCED AS IDENTIFICATION. Notary Public -State of 1001 ANA- (SEAL) tea N e AoU\at"k� a, pn4 TABLE INSET: ' NOTARY 2 s SEAL * PUBLIC * - `••.,,rF of tN��,., SSES: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Brenda jnhnq1n Cynthia L. Jenkins, Attorney in Fact Printed Name Printed Name/Title (Provide Proper Evidence of Authority) r < Printed N Ginger J. Krahn Packet Page -1065- 6/12/2012 Item 16.A.5. ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF MARION THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS 24th DAY OF August, 2007, BY Cynthia L. Jenkins (NAME OF ACKNOWLEDGER) AS Attorney in Fact (TITLE) OF Fidelity and Deposit Company of MWIand(NAME OF COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS IDENTIFICATION. Notary Public - State of Indiana (SEAL � t _ Printed Name Sheree K. Hsieh, My Commission expires 4/16/2010 Packet Page -1066- 6/12/2012 Item 16.A.5. Omega Consulting Group May 2, 2012 John Houldsworth Collier County Development Services 2800 North Horseshoe Drive. Naples, FL 34104 RE: Perfomance Bond No. 08821642 SDPi- 2007 -AR- 12192, SDPA -AR -8763 Dear Mr. Houldsworth: As we have recently communicated, the purpose of this letter is to inform you that the requirements of the above - referenced bond have been fulfilled, and my Client, Kite Eagle Creek, LLC would like the bond returned. For your convenience, I have attached a copy of the bond. If you should have any questions, or need additional information, please call at (239) 470 -4156. Sincerely, Omega Consulting Group, LLC Ww" ; - T_­- Jay Westenclorf cc: E. Strickland, KRG 5620 Sonnen Court - Fort Myers, Florida 33919 Packet Page -1067- FW: SDPI- 2007 -AR- 12192, Shops at Eagle Creek, 1st Submittal 6/12/2012 Item 16.A.5. rage o yr D, From: Eric Strickland Sent: Friday, July 13, 2007 10:46 AM To:'SchmittJoseph; Richard Yovanovich Cc: Kara Cwalina; gochenaur r; Doug Pedersen; 'susanistenes @colliergov.net'; 'craigdavis @colliergov.net' Subject: Winn Dixie Remodel at Eagle Creek Shops Mr. Schmidt From our meeting on 7/11/07 we agreed to the following regarding the SDPI and Building Permits associated with the remodel of the Winn Dixie at the Eagle Creek Shops 1. Kite will submit for an SDPI addressing Handicapped Parking, Dumpstet Enclosures, and ADA accessible route(s) in front of the Staples (former Winn Dixie) store. This will show the correct remodeled Winn Dixie footprint (slight variance in SF of approx 100 SF) 2. Prior to the SDPI submittal, Kite will hold a pre- submittal telephone consultation with staff (Ross Glochenaur /Craig Davis) to discuss an emailed version of the SDPI plan and scope. 3. The SDPI will be reviewed/approved by the County independently from the other SDPA, SDP, and Plat associated with the Lowe's development. 4. The County will immediately allow the submittal, review, and approval of the Staples and other interior building permits that are part of the remodel of the Eagle Creek Winn Dixie. 5. Kite will include the approved SDPI information on any future and the pending SDPA for the Eagle Creek Shops. We understand the importance of the County having a accurate records. A $50,000 performance bond assuring that Kite will show the accurate site plan, including the SDPI information, will be provided to the county at the time of SDPI submittal. The bond terms shall require Kite provide the accurate SDPI information on the pending SDPA within 2 years of the C.O for the Staples store. The Bond shall be released upon the inclusion of the SDPI information on any pending SDPA or withdrawal of the current SDPA /SDP for Lowe's. Please let me know if there are any omissions. Please confirm the ability to submit the Staples interior Build -Out Permit for review. This is currently denied at permit intake. Thanks Eric 9/4/2007 Packet Page -1068-