Agenda 09/25/2018 Item #16A1209/25/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$30,500 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170003991) for work associated with Legacy Naples New Hope Ministries - Phase 2.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Department routinely accepts securities
administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC.
The work associated with this security has been inspected, and the developer has fulfilled his
commitments with respect to this security. The performance security was posted as security for clearing
and site filling associated with an Early Work Authorization for Legacy Naples New Hope Ministries -
Phase 2 Site Development Plan Amendment (SDPA), (PL20160003514). On January 2, 2018, the SDPA
was approved by the Development Review Division. Once the construction plans for this project are
approved, the bond is no longer required. A recent inspection confirmed that the developer has fulfilled
the commitments of the EWA.
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 $30,500. Development Review 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 & Bond (PDF)
16.A.12
Packet Pg. 916
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 6490
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $30,500 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20170003991) for work associated with Legacy Naples New Hope Ministries – Phase 2.
Meeting Date: 09/25/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/21/2018 4:52 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/21/2018 4:52 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/21/2018 5:55 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/22/2018 10:24 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/22/2018 2:45 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/27/2018 12:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/28/2018 8:07 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/28/2018 9:32 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/28/2018 2:56 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/30/2018 5:58 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/31/2018 3:03 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/04/2018 7:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/05/2018 1:40 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 09/06/2018 7:07 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 1:54 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.A.12
Packet Pg. 917
LEGACY NAPLES
NEW HOPE MINISTRIES PHASE 2
LOCATION MAP
16.A.12.a
Packet Pg. 918 Attachment: Location Map (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)
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d
EARLY WORK PERFORIUANCE AGREEIUENT
THIS EARLY WORK PERFORIiIANCE AGREEMENT entered intothis /at" dayof,t:1,."L:"- 2O_)-L, between L,,"., r,,r.. ;r,. hereinafter referred to as
'oevetoper,' ana tne Board of County Co.iEii6ilEaf Cotiier County, Florida, hereinafter
referred to as the "Board".
WHEREAS, Developer has applied for an early work authorization in accordance with the
Collier County Land Development Code including but not limited to Section '10.01.02.8
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regulations require Developer to post appropriate
performance guarantees to ensure compliance with the Early Work Regulations and Eady Work
Authoflzatron Permit No !Llll-!l-!Il (the'Early Work 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 Early Work Regulations and the Early Work
Permit (the "Early Work").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereo0 in the amount of $30,500.00.
3. ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collier County, may call upon the early work performance security to insure
satisfactory completion of the Early Work.
4. The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the flnal Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early Work
Regulations.
5. The County Manager or designee shall, within sixty (60) days of receapt of
notification by Developer in writing that the Early Work is complete, either: a) notify
Developer in writing of his approval of the Early Work; or b) notify Developer in
writing of his refusal to approve the Early Work, therewith specifying those
conditions which Developer must fulfill in order to obtain the County Manage/s
approval of the Early Work.
6. In 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 early performance security to secure satisfactory completion,
repair and maintenance of the Early 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, the Early Work. The
Developer, as principal under the early 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
16.A.12.b
Packet Pg. 919 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)
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 /& h day of -\ N,ib{_,
20 i-l
Legacy Naples, LLC
Sign
Pri Srbn
7
By:
sisn: (/11g,/-* h
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality
Scott A. Stone
Assistant County Attorney
Printed Name/Title
Eric Bell, Manager
Authorized Representative
BOARD OF COUNTY
OF COLLIER
of the County Manager
pursuant to Resolution No. 2015-162
By:
SIGNED IN THE PRESENCE OF:
16.A.12.b
Packet Pg. 920 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)
Cash bond in the amount of $30,500.00 delivered to Collier County. To be
released in accordance with Early Work Performance Agreement.
EXHIBIT A
16.A.12.b
Packet Pg. 921 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refu nda ble Bonds
Cashier Name:
Batch Number:
Entered By3
20L74500L7
20L7-073493
tll16/2077
$30,500.00
Pavment Method
Check
Reference Number
P120170003991
Amount Paid
$30,500.00
check Number
323001
$30,s00.00
$0.00
GOLDBERG COMPANIES INC
25101 CHAGRIN BLVD
BEACHWOOD, OH 44T22
9.dsine]
Fee
$ 30, s 00.0 0
Amount
Paid
$ 30,500.00
G!-Aisec-El
670-000000-220113
14artinRuedy
6857
Va lerieKu llick
16.A.12.b
Packet Pg. 922 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)