Agenda 09/10/2019 Item #16A20 (808 Wiggins Pass Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$1,520 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20170002291) for work associated with 808 Wiggins Pass.
_____________________________________________________________________________________
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division 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 808 Wiggins Pass SDP, (PL20160001111). On August
30, 2017, the SDP was approved by staff and the bond is no longer required.
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 Boar d approval. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Cash Bond in the amount of
$1,520. Development Review will issue a Memorandum to the Clerk of Courts upon approval of this item
by the Board of County Commissioners, advis ing 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.20
Packet Pg. 618
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.20
Doc ID: 9618
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $1,520 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20170002291) for work associated with 808 Wiggins Pass.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/16/2019 4:11 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/16/2019 4:11 PM
Approved By:
Review:
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/16/2019 4:16 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/17/2019 8:53 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/18/2019 2:38 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/19/2019 1:57 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/22/2019 11:16 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/25/2019 2:11 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 07/29/2019 12:08 PM
Growth Management Department James C French Deputy Department Head Review Completed 07/29/2019 1:46 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/19/2019 2:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2019 3:02 PM
Office of Management and B udget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:29 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/22/2019 8:39 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:32 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.20
Packet Pg. 619
808 WIGGINS PASS ROAD
LOCATION MAP
16.A.20.a
Packet Pg. 620 Attachment: Location Map (9618 : Bond Release for EWA - 808 Wiggins Pass)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this IE day of
A.^', , s f 20_:_j_, between hereinafter referred to as1i
"Developer," and the Board of C ounty Commissioners of Collier 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 Early Work
Authorization Permit No. l\,1"\1W2'z7l (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:
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
Exhibit "A" andAS
$
pO by reference made a part hereo0 in the amount of
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.
The Early Work shall not be considered complete until Developer notifies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, within sixty (60) days of receipt 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
Manager's approval of the Early 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 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
1
3
4
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16.A.20.b
Packet Pg. 621 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)
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.
IN WITNESS WHEREOF, thE
executed by their duly authorized rep
20 tY
Board and Developer have
resentatives this /0Al
caused this Ag reement to be
day of *tt6,u<
of itv)?c8 WtaAvlrgr> R$7LVEEPROFSIG
Sign
Printed Name a ,r *9, LLOea f fr;97*
(By
Rv:
srgn: fi,/yc,.- 5Ll*me/Title
(President, VP, or CEO)
Provide Proper Evidence of Authorit
/Vax v'y''*,
BOARD OF COI'NTY COMMISSIONERS
OF COI,COUN FLORIDA
{/n. t ///d..
h-
Printed Name
ATTEST
DWIGHT E, BROCK, CLERK
By
Deputy Clerk
App ved to form and legality
Scott A. Stone
Assistant County Attorney
2, n4 t.t glvtlc 'a^? 'aa c'
r/,il,'t
as designee ofthe County Manager
pursuant to Resolution No. 2015-l 62
7.
I
16.A.20.b
Packet Pg. 622 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)
EXk,L,f "4
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
2i9-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid;
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
cashier Name:
Batch Number:
Entered By:
20t7 42967 2
20L7-O53L48
08/Le/20L7
$1,s20.00
Pavment Method
Check
Reference Number
PL20t70002291
Elizabeth 14endez
6624
monroig_i
Amount Paid
$1,520.00
Check Number
10 81
$1,520.00
$0.00
FORT CONSTRUCTION GROUP OF SOUTH FLORIDA INC.
16000 oLD us 41 N.
Naples, FL 34110
Oriqinal
Fee
$ 1,5 2 0.00
Amount
Paid
$ 1, s20.0 0
GL Account
670-000000-220113
16.A.20.b
Packet Pg. 623 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)
Electronic Ar{cles of OrganizationFor
Florida Limited Liability Company
L16000135749
FILED 8:00 AMJulv 19. 2016Sei. Of State
lyarbrough
Article I
The name of the Limited Liabilib Company is
808 WIC,GINS PASS RO..\D, LLC
Article II
The street address of the principal offrce of the Limited Liabilitv Company is
3375 PINE RIDGE ROAD
SUITE 206
NAPLES. FL- US 34109
The mailing address of the Limited Liability Company is
3375 PINE RIDGE ROAD
SUITE 206
NAPLES. FL. US 34109
Article III
Other pror.isions, if any:
THE CONIPANY IS ORGANIZED WITH A GENERAL BUSINESS PIIRPOSE,
HAS ALL POWERS PROVIDED BY LAW AND MAY USE THOSE POVvIERS TO
ANY LAWFUL PURPOSE.
Article IV
The name and Florida street address of the registered agent is
MICHAEL A DURANT
2210 VANDERBILT BEACH ROAD
SLTITE 1201
NAPLES, FL. 34109
Having been named as registered agent and to accept service ofprocess for the above stated limited
liabilitv company al lhe place designated rn ftis certificate. I hereby accept the appointnent as registered
agent and agree to act in this capacity. I furfter agree to comply with the provisions of all statutes
relating to the proper and complete perfbrmance of my duties. and I am l-amiliar wifi and accepl the
obligations ofmy position as registered agent.
Registered Agent Signature: N{ICHAEL A. DURANT
16.A.20.b
Packet Pg. 624 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)
Article V
The name and address of person(s) authorized to manage LLC:
Title: MGR
STEI'E HOVLAND
3375 PINE RIDGE ROAD, SUITE 206
NAPLES, FL. 34109 US
Title: MGR
JOHN MAURIEL
3375 PINE RIDGE ROAD, SUITE 206
NAPLES, FL. 34109 US
Title: MGR
ROCKWELL MCCRADY
3375 PINE RIDGE ROAD, SUITE 206
NAPLES, FL. 34109 US
Signature of member or an authorized representative
Electronic Signature: JENNIFER A. CACHON
L't6000135749
FILED 8:00 AMJulv 19.2016Sei. Of State
lyarbrough
I am the member or authorized representative submitting lhese .Articles of Organization and aflirm that the
facts stated herein are true. I am aware thBt false information submitted in a document to the Departrnent
of Slate constitutes a third degree felony as provided for in s.817.155. F.S. I understand the requirement to
file an annual report between Januarl l st and Mal l st in the calendar year following formation of fte LLC
and every year thereafter to mainlaii "aclive" slatirs.
16.A.20.b
Packet Pg. 625 Attachment: Bond Basis (9618 : Bond Release for EWA - 808 Wiggins Pass)