Agenda 02/11/2020 Item #16A 6 (Release of Performance Bond - Arthrex Administration Building)02/11/2020
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$31,560 which was posted as a guaranty for Excavation Permit Number 60.165, PL20170004163 for
work associated with Arthrex Administration 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
their commitments with respect to this security. The Performance Bond was posted as security for an
Excavation Permit associated with Arthrex Administration Building. The As-Built lake cross sections
have been received and the lake has been inspected on January 2, 2020 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 $31,560. 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.6
Packet Pg. 195
02/11/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 11238
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $31,560 which was posted as a guaranty for Excavation Permit Number 60.165,
PL20170004163 for work associated with Arthrex Administration Building.
Meeting Date: 02/11/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
01/02/2020 3:50 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
01/02/2020 3:50 PM
Approved By:
Review:
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 01/03/2020 8:45 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/06/2020 12:19 PM
Growth Management Development Review Chris Scott Additional Reviewer Completed 01/06/2020 12:46 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/08/2020 4:10 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/13/2020 8:22 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/13/2020 8:44 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/13/2020 9:03 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/14/2020 9:48 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 01/21/2020 10:06 AM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/21/2020 10:10 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/21/2020 11:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/21/2020 2:08 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/04/2020 11:42 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/11/2020 9:00 AM
16.A.6
Packet Pg. 196
ARTHREX ADMINISTRATION BUILDING
LOCATION MAP
16.A.6.a
Packet Pg. 197 Attachment: Location Map (11238 : Excavation Bond Release - Arthrex Administration Building)
/
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFoRMANCE AGREEMENT entered into this l(o'l'day ol
A,\uA{-l ,20 fl between Arthrex, lnc. hereinafter referred to as "Developer," and the
doard of County Commissioners of Collier County, Florrda, hereinafter referred 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 but not limited to Section 3.05.1 0 (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.
(the "Excavation Permit").
PL2017 ,0004163
r uo *r)
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 $--31-5q8-
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 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 lvlanager 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 work; or b) notify
the Developer in writing of his refusal to approve the Excavation Work, therewith
specifying ihose 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,uponcertificationofsuchfailure'theCountyManagerordesignee
mly call upon the excavation performance security to secure satisfactory
completion,repairandmaintenanceoftheExcavationWork.TheBoardShall
have the righi to construct and maintaln, or cause to be constructed or
maintained, [ursuant to public advertisement and receipt and acceptance of bids,
the Excavation Work. The Developer' as principal under the excavation
16.A.6.b
Packet Pg. 198 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building)
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.
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 .zrv day of 4 o,nuan,t- ,20l3re
SIGNED IN THE PRESENCE OF
Sisn: -d;r* A%.A-
T-;rrr -CbrA
/,n+e l'/,n
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By.
Deputy Clerk
s to form and legality
A. Stone
Arthrex, lnc.
Kathleen D. Sparrow
Arthrex, lnc. Treasurer and
Sr. Vice President, Human Resources
BOARD OF COUNTY
OF COLLIER RIDA
Printed Name
sis^fi/a-
By:\Da.r 0q
as designee Manager
pursuant to Resolution No. 201 5- I 62
Assistant CountY AttorneY
16.A.6.b
Packet Pg. 199 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building)
Receipt Numberl
Transaction Numbers
Date Paidi
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
td
Reference Number
P120170004163
20t8468243
2018-006991
ot/26/20L8
$31, s60.00
Pavment Method
Check
$31,s60.00
$0.00
ARTHREX INC
1370 CREEKSIDE BLVDNAPLES , FL 34103
Amount Paid
$31,s60.00
Check Number
000000151599
fA
RECEIPT OF PAYMENT
Orioinal
Fee
$ 31, s60.00
Amount
Paid
$31,s60.00
GL Account
670-000000-220113
LeaDerence
7024
ValerieKullick
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
16.A.6.b
Packet Pg. 200 Attachment: Bond Basis (11238 : Excavation Bond Release - Arthrex Administration Building)