Agenda 10/08/2019 Item #16A 1 (Bentley Village Bond Release)10/08/2019
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 60.154, PL20170000928 for
work associated with Vi at Bentley Village Multi-Family Building.
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 Vi at Bentley Village Multi-Family Building. The As-Built lake cross-
sections have been received, and the lake has 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. - SAA
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.1
Packet Pg. 439
10/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.1
Doc ID: 9949
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 60.154,
PL20170000928 for work associated with Vi at Bentley Village Multi-Family Building.
Meeting Date: 10/08/2019
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/26/2019 12:58 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/26/2019 12:58 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/26/2019 4:26 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/26/2019 5:06 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 09/03/2019 8:37 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 09/05/2019 1:57 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 09/06/2019 1:15 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 09/06/2019 1:19 PM
Growth Management Department James C French Deputy Department Head Review Completed 09/11/2019 3:55 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/13/2019 9:30 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 09/17/2019 8:20 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/17/2019 2:11 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/24/2019 11:22 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/24/2019 1:28 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 5:30 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM
16.A.1
Packet Pg. 440
VI AT BENTLEY VILLAGE
MULTI-FAMILY BUILDING
LOCATION MAP
16.A.1.a
Packet Pg. 441 Attachment: Location Map (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)
Vi at BENTLEY VILLAGE - MULTI-FAMILY BUILDING
coLLlER COUNTY PL20170000928
The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEI4ENT entered into this 1st day of March 2018
between Cc-Naples, lnc. d/b/a Vi at Bentley Village hereinafter referred to 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 al. of the Collier Counly Code of Laws and Ordinances, and the Collier County Land
Development Code, including but not limited to_:5.qd]-Qlt !_]]5-10 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulations require the Developer to post appropriate guarantees
and execute an Excavation Perforrnance Security Agreement statlng applicant will comply with the
Excavation Regulations and Excavation Permit No. PL20'170000928 (the "Excavation 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 Excavation Regulations and the Excavation Permit (the
"Excavation Work").
2. 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.
3. 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 ensure satisfactory
completion of the Excavation Work.
4. 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.
5. 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 Worki 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.
6. 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 excavatjon 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
consequenlial, which the Board may sustain on account of the failure of Developer to fulfill
all of the provisions of this Agreement.
H:\ 2013\ 2013028C\ lvP\ EXCAVATTON\Excavation perfornunce Agreement 1s03O1.do€x
16.A.1.b
Packet Pg. 442 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)
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 this l/.f, day of March 2018.
ATTEST
t5- tae-.
SIGNED IN THE PRESENCE OF CC-Naples,Inc.,
By
Gary Srnith, Vice President/Treasurer
Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
{ettria-B*"$,-+.
(See attached Evidence of Authority)l.r
Printed name
e Jc..rr A o" rreA
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COLTNTY, FLORIDA
Jqttll l(r(r
DWIGHT E. BROCK, CLERK
By
As )- sl.1"n r- P€ -/-.p Lo'^t1
By:
t""^=ftrFtsr-!*a-.f fo Rtz6ffio 1
Deputy Clerk
as form and legality:
Assistant County Attorney
Scott A. Stone,
H:\2013\2013028C\ WP\ EXCAVATION\Excavation Perfornrance Agreement 180301.dtrx
16.A.1.b
Packet Pg. 443 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)
€,uln,b,* "4 II
Collier County
Growth Management Division
28O0 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
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
2018480508
2018-019256
03/08/2078
$ 2 5,00 0.0 0
Pavment Method
Check
Reference N umber
P120170000928
Amount Paid
$2s,000.00
Check Number
00846499
GL Account
670-000000-220113
$25,000.00
$0.00
CC Naples, Inc. DBA Bentley Village
701 Retreat Drive
Naples, FL 34110
Oriqinal
Fee
$ 2 s,000.00
Amount
Paid
$ 2 s,00 0.0 0
LeaDerence
7740
Va lerieKu llick
16.A.1.b
Packet Pg. 444 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)
2018 FOREIGN PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P38368
Entity Name: CC-NAPLES, lNC.
Current Principal Place of Business:
71 S. WACKER DRIVE
SUITE 9OO
cHtcAGo, tL 60606
FILED
Jan 10,2018
Secretary of State
cc7534859022
Current Mailing Address:
71 S. WACKER DRIVE
SUITE 9OO
CHICAGO, IL 60606 US
FEI Number: 36-3822569
Name and Address of Current Registered Agent:
Certificate of Status Desired: No
THE PRENTICE HALL CORPORATION SYSTEM INC.
1201 HAYS ST.
sutTE 105
TALLAHASSEE, FL 32301 US
The above namad enli{y suDrnits lhis statemenl tor tha purpose ot changing ils rogislercd olflce or nglstorod agent, or bolh, in the Stale of Floida.
SIGNATURE:
Eleclronic Signature of Registered Agent
Offlcer/Dlrector Detall :
Title EXEC CHAIRMAN, DIRECTOR
Name POORMAN, J. KEVIN
Address 71 S. WACKER DRIVE
SUITE 9OO
City-State-Zip: CHICAGO lL 60606
Date
Title
Name
Address
VP, SEC
FIELDS, STEPHANIE W
71 S. WACKER DRIVE
sulTE 900
cHlcAGo lL 60606
Title
Name
Addrass
City-State-Zip:
Title
Name
Address
DIRECTOR, TREAS., VP, ASST, SEC,
SMITH, GARY
71 S. WACKER DRIVE
sutTE 900
cHlcAGo lL 60606
PRES., DIRECTOR
RICHARDSON. RANDAL J
71 S. WACKER DRIVE
SUITE 9OO
cHtcAGo tL 60606City-State-Zip:City-State-Zip:
oath: that I am ah otfl@t ot dheclor ol lhe corpotallon or the tweiver ot lrusleo empow@d lo execule lhis nporl as rqulbd by Chaplq 607, Flodda Slalulos; and lhal my name eppoars
abova, ot on dn allechmenl wilh dll olhdr liko mpoworud ,
SIGNATURE: STEPHANIE W. FIELDS 01t10t2018
Electronic Signature of Signing Officer/Director Detail
SECRETARY
Date
16.A.1.b
Packet Pg. 445 Attachment: Bond Basis (9949 : Excavation Bond Release - Vi at Bentley Village Multi-Family Building)