Agenda 01/14/2020 Item #16A15 (Bond Release - Legacy Naples New Hope Minitstries - Phase 2)01/14/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$93,900 which was posted as a guaranty for Excavation Permit Number 61.159, PL201700002712
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 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 Legacy Naples New Hope Ministries - Phase 2. The As-Built lake
cross sections have been received and the lakes has been inspected on December 3, 2019 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 $93,900. 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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.15
Packet Pg. 720
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 11032
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $93,900 which was posted as a guaranty for Excavation Permit Number 61.159,
PL201700002712 for work associated with Legacy Naples New Hope Ministries – Phase 2.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/03/2019 12:39 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/03/2019 12:39 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/03/2019 2:54 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/03/2019 3:42 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 12/04/2019 9:02 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/06/2019 3:41 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 12/09/2019 12:48 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 12/16/2019 10:15 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2019 4:28 PM
Growth Management Department Lucia Martin Deputy Department Head Review Skipped 12/17/2019 8:00 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 12/23/2019 7:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:07 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:56 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:26 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 9:19 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.15
Packet Pg. 721
LEGACY NAPLES
NEW HOPE MINISTRIES - PHASE 2
LOCATION MAP
16.A.15.a
Packet Pg. 722 Attachment: Location Map (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this
.- l+a 20 t-l between Leqacv Naples. LLC. hereinafter referred to
li ' aay ot
as "Developer,"
and the Board of County Commrssioners of Collier County, Florida, hereinafter refe rred 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 bui 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 apllicant will
Iomply with the Excavation Regulations and Excavation Permit No. a L (the "Excavation
Permit'). ..": " ' )
NOW, THEREFORE, in consideration of the foregoing premises and mulual 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 hereo0 in the amount of $93.900'00
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 Devlloper in writing of his approval of the Excavation Work; or b) notify
the Developer in writing of his refusal to approve the Excavatlon Work, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manager's approval of the Excavation 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 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,
4
4
6
16.A.15.b
Packet Pg. 723 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)
the Excavation Work. The Developer, as principal under the excavation
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.
T. 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 i/- day of ri,::^.-2 '\ ,20 -' .
SIGNED IN THE PRESENCE OF:
Sign:Legacy Naples, LLC
Print"O Name f,"U
Sign:
Printed NameiTitle
Jordan Goldberg, Manager
Authorized Representative
Sez
By
Pri
ATTEST
DWIGHT E. BROCK, CLERK
Deputy Clerk
as to form and legality
Scott A. Stone
Assistant County Attorney
BOARD OF SSIONERS
OF COLLIER
AS of
pursuant to Resolution No. 2015-162
'/b
il,nFJ./€
16.A.15.b
Packet Pg. 724 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)
EXHIBIT A
Cash bond in the amount of $93,900.00 delivered to Collier County To be released in
accordance with Excavation Performance Agreement, Lake Excavation Ordinance and LDC'
16.A.15.b
Packet Pg. 725 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)
Collier County
Growth Management Division
2800 Horseshoe Drive N
Naples, FL 34104
239-2s2-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage!
Contact:
FEE DETAILS:
Ee Descdp$gn
Refundable Bonds
Cashier Name:
Batch Numben
Entered By:
2017424460
2077-047936
07 /28/2077
$83,960.00
Pavment Method
Check
Reference Number
PL20L70002772
Amount Paid
$83,e60.00
Check Number
319816
$83,960.00
$0.00
GOLDBERG COIYPANIES INC
25101 CHAGRIN BLVD
BEACHWOOD, OH 441"22
Orioinal
Fee
$83,960.00
Amount
Paid
$83,960.00
GL Account
670-000000-220113
MartinRuedy
6568
ValerieKullick
16.A.15.b
Packet Pg. 726 Attachment: Bond Basis (11032 : Excavation 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 Descriotion
Refundable Bo nds
Cashier Name:
Batch Number:
Entered By:
2077455374
2017-078850
12/07 /20t7
$9,940.00
Pavment Method
Check
Reference Number
PL201,70002772
AlinaHarris
6910
ValerieKullick
Amount Paid
$9,940.00
Check Number
322539
$9,940.00
$0.00
GOLDBERG CO[4 PANIES INC
25101 CHAGRIN BLVD
BEACHWOOD, OH 44L22
Orioinal
Fee
$ 9,940.00
Amount
Paid
$9,940.0 0
GL Account
670-000000-220113
16.A.15.b
Packet Pg. 727 Attachment: Bond Basis (11032 : Excavation Bond Release - Legacy Naples New Hope Ministries - Phase 2)