Agenda 01/08/2019 Item #16A1801/08/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$25,000 which was posted as a guaranty for Excavation Permit Number 59.666 -1, PL20160002510
for work associated with Naples Lakes Country Club.
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 Naples Lakes Country Club. 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 $25,000. 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. Bond Basis (PDF)
16.A.18
Packet Pg. 878
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.18
Doc ID: 7488
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $25,000 which was posted as a guaranty for Excavation Permit Number 59.666-1,
PL20160002510 for work associated with Naples Lakes Country Club.
Meeting Date: 01/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/13/2018 8:51 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/13/2018 8:51 AM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/13/2018 8:57 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/13/2018 9:29 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/13/2018 9:33 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/13/2018 10:04 AM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 12/13/2018 11:15 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/13/2018 3:56 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/17/2018 4:52 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 12/18/2018 10:37 AM
Growth Management Department James C French Deputy Department Head Review Completed 12/19/2018 8:48 PM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:23 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2018 8:30 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:09 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/20/2018 10:22 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 12:04 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.18
Packet Pg. 879
NAPLES LAKES COUNTRY CLUB
LOCATION MAP
16.A.18.a
Packet Pg. 880 Attachment: Location Map (7488 : Excavation Bond Release - Naples Lakes Country Club)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this LJ aay otArrbetween Naples Lakes Country Club Homeowners Assoc., lnc
herein after 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 Regulations and Excavation Permit No. 59.666-1. (the "Excavation
Permit"). (t:-2s
't6
s 6c z 9 o)
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.
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 $25.000.00.
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.
I
2
E
o 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 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 Excavation Work. The Developer, as principal under the excavation
4.
16.A.18.b
Packet Pg. 881 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club)
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.
7. 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 thig t7y day of Jhu - ,2}ta.
t
SIGNED IN THE PRESENCE OF:
Sign (Name of
Byw
-/1
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By
Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
Bryan Roe, General Manager/CoO
BOARD OF
OF COLLIER
pursuant to Resolution No. 201 5- I 62
bcr"harc L
ac(bara L
*na,e^*
Ah4efson
AS designee County
16.A.18.b
Packet Pg. 882 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club)
€t,ll
RECEIPT OF PAYMENT
ll
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Detailsl
Amount Paid:
Change / overage:
Contact:
FEE DETAILS:
Fee Des€ription
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
20t6357453
2016-064091
09/30/2016
$25,000.00
Pavment Method
Check
Reference Number
PL20160002510
Amount Paid
$2s,000.00
Check Number
013665
$2s,000.00
$0.00
NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOC INC %STEVEN MARKS
4784 INVERNESS CLUB DRNAPLES , FL 34LI22970
orioinal
Fee
$2s,000.00
Amount
ElC
$2s,000.00
GL Account
670-000000-220113
ElizabethMendez
5710
ValerieKullick
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
16.A.18.b
Packet Pg. 883 Attachment: Bond Basis (7488 : Excavation Bond Release - Naples Lakes Country Club)