Agenda 09/10/2019 Item #16A22 (PRROW20170833821 Performance Bond)09/10/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$15,000 which was posted as a guaranty for work within the County Right -of-Way; permit
PRROW20170833821.
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 the County Right -of-Way Handbook,
permits for work within the County Right-of-Way may be issued, provided a suitable restoration
performance security is posted. However, at the request of the developer, the ROW permit was cancelled,
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 Board approval. - SAA
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $15,000. Development Review staff will issue a Memorandum to the Clerk of Courts upon
approval of this item by the Board of County Commissioners, advisi ng the Clerk of this action.
Prepared by: Lucia Martin, Technician, Development Review
ATTACHMENT(S)
1. Bond Basis (PDF)
16.A.22
Packet Pg. 636
09/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Doc ID: 9668
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $15,000 which was posted as a guaranty for work within the County Right -of-Way;
permit PRROW20170833821.
Meeting Date: 09/10/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
07/23/2019 1:47 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/23/2019 1:47 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/23/2019 2:24 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 07/23/2019 4:52 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 07/24/2019 9:43 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 07/30/2019 9:40 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 07/30/2019 9:41 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 07/31/2019 5:05 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/01/2019 12:58 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/01/2019 1:35 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 08/20/2019 3:48 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/20/2019 4:54 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/21/2019 4:33 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/23/2019 9:23 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/26/2019 2:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/10/2019 9:00 AM
16.A.22
Packet Pg. 637
WIRELESS FACILITIES ON WIRELESS SUPPORT STRUCTURES IN COUNTY RIGHT OF WAY
PERFORMANCE AGREEMENT
THIS WIRELESS FACILITIES ON WIRELESS SUPPORT STUCTURES IN COUNTY
RIGHT OF WAY PERFORMANCE AGREEMENT entered into this-��-day of March,
2018, between Mobilitie, LLC hereinafter referred to as "Provider," and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Provider has applied to locate Wreless Facilities on Wireless Support Structures
in accordance with the Collier County Code of Laws and Ordinances, including but not limited to
Ordinance 2017-27 and the Construction Standards Handbook for Work within the Public Right
of-Way Collier County, Florida (collectively, the "Right-of-Way Use Regulations"); and
WHEREAS, Ordinance 2017-27 requires Provider to post appropriate performance
guarantees to ensure compliance with the Right-of-Way Use Regulations, to protect against any
damage or abandonment of facilities that may take place within rights-of-way and easements
and compliance with the terms of Right-of-Way Permit No. PRROW2017083382101 .
NOW, THEREFORE, in consideration of the foregoing promises and mutual covenants
hereinafter set forth, Provider and the Board do hereby covenant and agree as follows:
1.Provider agrees to comply with the Right-of-Way Use Regulations.
2.Provider herewith tenders its right-of-way use performance security (attached
hereto as Exhibit "A" and by reference made a part hereof) in the amount of$ 15,000.00.
3.In the event of default by the Provider or failure of Provider to comply with the
Right-of-Way Use Regulations and to restore Right-of-Way upon abandonment of
the facilities or termination of useafthe facilities within the time required by the Right
of-Way Use Regulations, Collier County, may call upon the right-of-way
performance security to ensure satisfactory removal and restoration of the Right
of-Way.
4.The Right-of-Way restoration shall not be considered complete until Provider
notifies the County that the Right-of-Way restoration is complete and the Right-of
Way is inspected and approved by the County Manager or designee for
compliance with the Right-of-Way Use Regulations.
5.The County Manager or designee shall, within sixty (60) days of receipt of
notification by Provider in writing that the Right-of-Way restoration is complete,
either: a) notify Provider in writing of his approval of the Right-of-Way restoration;
or b) notify Provider in writing of his refusal to approve the Right-of-Way restoration,
therewith specifying those conditions which Provider must fulfill in order to obtain
the County Manager's approval of the Right-of-Way restoration.
6.In the event Provider 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 Right-of-Way Use performance security to secure satisfactory
restoration, repair and maintenance of the Right-of-Way. The Board shall have the
right to remove abandoned facilities or facilities deemed unsafe, pursuant to the
Page I of2
16.A.22.a
Packet Pg. 638 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
terms set forth in Ordinance No. 2017 -27 and restore the right-of-way or cause
to be restored, pursuant to public advertisement and receipt and acceptance of
bids. The Provider, as principal under the right-of-way use 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 Provider
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 Provider and the respective successors and assigns of Provider.
IN WITNESS WHEREOF, the Board and Provider have caused this Agreement to
be executed by their duly authorized representatives this Z.. '\ day of March, 2018.
Printed �ame0,,..., LJ L.,/2.,,-/ S / r _,;:,.r,-, �J <: e,,,
ATTEST:
DWIGHT E. BROCK, CLERK
By: _______ _
Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
MOBILITIE, LLC
By•�bg(JJ
Printed Name/Title
):)Ar,JA �
£:JP
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA '-f /,�tt
By• 7&(:fl{Z--[lt,r//fa•l""
As designee of the
County Manager
Pursuant to Resolution
No. 2017-110
Page 2 of2
16.A.22.a
Packet Pg. 639 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
16.A.22.a
Packet Pg. 640 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
EXHIBIT"A"
to bind the Provider and the Surety to the full and faithful performance in accordance with the
Right-of-Way Use 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 BONO
to be executed this 22nd day of March , 20-=1�8._ __
WITNESSES:
LCD���
Printed Name l-1asha L Free-
(Provider Name and Title if Corporation)Mobilitie, LLC
By:�
Printed Name/Title (;)ve.9 Lb\WS'O n / VPj Ct>"� l �t'
(Provide Proper Evidence of Authority)
ACKNOWLEDGEMENT
STATE OF _____ _
COUNTY OF ____ _
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF
-------� 20 __ , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF
COMPANY) WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED _______ AS
IDENTIFICATION.
Notary Public -State of _____ _
Printed Name
WITNESSES:
(SEAL)
(Surety Name and Title if Corporation)
The Hq..i..,,....,..::..,i
By:_......,_ ___ -,,,,::;-_Printed Name/Tit aniel Huckabay' Attorney-in-Fact
(Provide ProP, Evidence of Authority)
ACKNOWLEDGEMENT
16.A.22.a
Packet Pg. 641 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
EXHIBIT"A"
STATE OF _______ _
COUNTY OF ______ _
THE FOREGOING PERFORMANCE BONO WAS ACKNOWLEDGED BEFORE ME THIS __ DAY
OF ______ , 20_, BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COMPANY)
WHO IS PERSONALLY KNOWN TO ME, OR HAS PR ODUCED ______ AS
IDENTIFICATION.
Notary Public -State of _____ _ (SEAL)
Printed Name
16.A.22.a
Packet Pg. 642 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On March 22, 2018 before me, Adrian Ben kert-Langrell, Notary Public
(insert name and title of the officer)
personally appeared _D_a_n_ie_l_H_u_c_k_a _ba�y�---------------------who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
••"
0
' '• ADRIAN BENKERT-LANGRELL/ , •. ,. .. \ COMM. #2214263 <'l • � -r/1 : ; Notary Public-California a:
•. , ORANGE COUNTY 11.
My Comm. Expires Sep 15,2021
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Packet Pg. 643 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
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Packet Pg. 644 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)
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Packet Pg. 645 Attachment: Bond Basis (9668 : ROW Bond Release - Mobilitie - PRROW20170833821)