Agenda 01/14/2020 Item #16A16 (Bond Release - Club Pelican Bay GC Restoration)01/14/2020
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 PL20190000647 for work
associated with Club Pelican Bay Golf Course Restoration.
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 Club Pelican Bay Golf Course Restoration. The As-Built lake cross
sections have been received and the lake has been inspected on December 2, 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 $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, Associate Project Manager, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
16.A.16
Packet Pg. 728
01/14/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.16
Doc ID: 11033
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 PL20190000647
for work associated with Club Pelican Bay Golf Course Restoration.
Meeting Date: 01/14/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/03/2019 1:06 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
12/03/2019 1:06 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 12/03/2019 2:55 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/03/2019 3:47 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 3:47 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 10:17 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 7:53 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/23/2019 11:04 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/26/2019 3:53 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 12/27/2019 9:23 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/06/2020 9:25 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/14/2020 9:00 AM
16.A.16
Packet Pg. 729
CLUB PELICAN BAY GOLF COURSE
RESTORATION
LOCATION MAP
16.A.16.a
Packet Pg. 730 Attachment: Location Map (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)
EXCAVATION PERFORMANCE AGREEIVENT
THIS EXCAVATION PERFORI\,4ANCE AGREEIMENT entered into this rr.oa yof
April, 20'19 between The Club Pelican Bay, Inc., 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 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. PL20190000647 (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:
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.
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.
1
5
In 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.
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 wrth
the Excavation Regulations.
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 performance
security, shall be liable to pay and to indemnify the Board, upon completion of such
2.
6.
16.A.16.b
Packet Pg. 731 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)
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 DevelopgsJrave caused this Agreement to be
executed by their duly authorized representatives this _ffilay of April, 2019.
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.
E
THE UB PELICAN Y, INC
By
SIGNED IN
ted Name
S
l$t .l t|x^6 ^/ Bo *tn col*u.b*
Printed Name/Titte ,To M 0/tc Caa{y
(President, VP, or CEO)
Provide Proper Evidence of Authority)
; llru'n-
Printed Name
ATTEST
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier Counfy, Florida
as to form and legality
Sally Ashkar
Assistant County Attorney
BOARD OF COLNTY COMMISSIONERS
OF COLLIER FLORIDA
By:
as designee of the County Manager
pursuant to Resolution No. 2015- 162
r
16.A.16.b
Packet Pg. 732 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)
a {h ,b | "4
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 Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
20L9607 t87
2019-030461
04/05/20L9
$2s,000.00
Pavment Method
Check
$2s,000.00
$0.00
The Club Pelican Bay
707 cu lf Park Dr
Naples, FL 34108
Reference Number
P120190000647
Amount Paid
$2s,000.00
check Number
10196
Orioinal
Fee
$ 2 5,000.00
Amount
Paid
$2 5,0 00.0 0
gl.Accasrt
670 -000000-2 2 0113
Richard Koenigsknecht
8162
ValerieKullick
,l
16.A.16.b
Packet Pg. 733 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)
4t512019 Detail by Entity Name
DtvrstoN oF CoRPoRATroNs
a-'-.
Depad4elf-arclaQ / Division of Corpalallel9 / Search Records / Detail By-.lDsllllgALNtJI]bg /
Detail by Entity Name
Florida Not For Prorlt Corporation
THE CLUB PELICAN BAY INC.
Filing lnformation
Document Number N40887
FEUEIN Number 65-0221331
Date Filed 1111511990
State FL
Status ACTIVE
Last Event AMENDED AND
RESTATEDARTICLES/NAl\ilE CHAN GE
Event Date Filed 0411811997
Event Effective Date NONE
PrincipalArlrtess
707 GULF PARK DR.
NAPLES, FL 34108
Changed: 0112311997
Registered Agent Name & Address
COLEMAN, KEVIN G
GOODLETTE, COLEMAN & JOHNSON, P,A
4OO1 TAMIAMI TRAIL NORTH, SUITE 3OO
NAPLES, FL 34103
Name Changed: 041 181 1997
Address Changed: 041 181 1997
Offi cer/Director Detail
Name & Address
McCarty, Tom
search.sunbiz.org/lnquary/Corporationsearch/SearchResultoetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELICANB...'113
Changed: 0112311997
Mailing Address
707 GULF PARK DR.
NAPLES, FL 34108
Title Chairman
16.A.16.b
Packet Pg. 734 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)
4t5t2019 Detail by Entity Name
707 GULF PARK DRIVE
NAPLES, FL 34108
Title DIRECTOR
Hamilton, SUSAN
707 GULF PARK DRIVE
NAPLES, FL 34108
Title DIRECTOR
Albanese, Karla
707 GULF PARK DRIVE
NAPLES, FL 34108
Title SECRETARY
Thomas, George
707 GULF PARK DR.
NAPLES, FL 34108
Title DIRECTOR
Womble, l\ilichael
707 GULF PARK DR
NAPLES, FL 34108
Title DIRECTOR
Feuerbach, Kirk
707 GULF PARK DR.
NAPLES, FL 34108
Title TREASURER
Mccarthy, Peter
707 GULF PARK DR.
NAPLES, FL 34108
Title DIRECTOR
Lear, Tom
707 GULF PARK DR
NAPLES, FL 34108
Title DIRECTOR
Luconi, Fred
707 GULF PARK DRIVE
NAPLES, FL 34108
Annual Repglg
Report Year Filed Date
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?anquirytype=EntityName&directionType=lnitial&searchNameOrder=CLUBPELICANB...2/3
16.A.16.b
Packet Pg. 735 Attachment: Bond Basis (11033 : Excavation Bond Release - Club Pelican Bay Golf Course Restoration)