Agenda 02/09/2021 Item #16A 8 (Performance Bond release - Vanderbilt Reserve)02/09/2021
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$110,560 which was posted as a guaranty for Excavation Permit Number 60.148 for work
associated with Vanderbilt Reserve, PL20160002709.
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 Vanderbilt Reserve. The As-Built lake cross sections have been
received and the lakes have been inspected on December 30, 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. - DDP
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of $110,560. 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.8
Packet Pg. 510
02/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 14629
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $110,560 which was posted as a guaranty for Excavation Permit Number 60.148 for
work associated with Vanderbilt Reserve, PL20160002709.
Meeting Date: 02/09/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
12/30/2020 3:39 PM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
12/30/2020 3:39 PM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/31/2020 9:11 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 12/31/2020 11:29 AM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 01/04/2021 8:40 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 01/11/2021 10:55 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 01/12/2021 4:53 PM
Public Services Department Jeanne Marcella Deputy Department Head Review Skipped 12/31/2020 9:12 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/13/2021 8:54 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2021 9:25 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2021 9:28 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/15/2021 9:54 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/26/2021 3:30 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/27/2021 9:20 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/09/2021 9:00 AM
16.A.8
Packet Pg. 511
VANDERBILT RESERVE
LOCATION MAP
16.A.8.a
Packet Pg. 512 Attachment: Location Map (14629 : Excavation Bond Release - Vanderbilt Reserve)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 14 day of
Decem t.2017 between SOBEL VANDERBILT. LLC 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. _PL20160002709_ (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").
Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereoO in the amount of
$_1 10,560.00_.
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 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.
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
2
4
4
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16.A.8.b
Packet Pg. 513 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)
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 tnis i4 day of Dtzrnlul ,20 17.
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.
EOF
LLC)
SIGNE
Sign
ys
Printed Name
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality
Tirso San Jose/Agent
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF
OF COLLIER
By:
as designee of the County
pursuant to Resolution No. 2015- 162
t ( tt-'z
Sign
]*lH
Scott A. Stone
Assistant County Attorney
/**
16.A.8.b
Packet Pg. 514 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)
t*ln, b,'*A
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:
Conta€t:
FEE DETAILS:
Fee Description
Refunda ble Bonds
Cashier Name:
Batch Number:
Entered 8yr
Pavment Method
Check
Reference Number
P120160002709
Amount Paid
$110,s60.00
Check Number
o24o79772
$110,560.00
$0.00
SOBEL VANDERBILT LLC STE # 370 STE # 370
2385 NW EXECUTIVE CENTER DR
BOCA RATON , FL 33431
orioinal
Fee
$ 1 10,5 60.0 0
Amount
Paid
$ 1 10,56 0.0
0
9-t 3sss.urt
670-000000-220113
Richard Koen igsknecht
6955
ValerieKullick
2077467097
2017 -084567
72/29/2017
$ 1 10,56 0.00
16.A.8.b
Packet Pg. 515 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)
Sobel Vanderbilt, LLC
2385 NW Executive Center Drive
Suite 370
Boca Raton, Florida 33431
(s5r.) 994-3434
(s61) ee4-3430
Letter of Authorization
Sobel Vanderbilt, LLC
Whose address is:
2385 NW Executive Center Drive
Suite 370
Boca Raton, Florida 33431
Hereby designates
Tirso San Jose
2385 NW Executive Center Drive, Suite 370
Boca Raton, Florida 33431
To act on behalf of Sobel Vanderbilt, LLC for the purpose of submitting any application needed for permitting, zoning or construction
contracts on property located at:
A pa rcel of la nd located in the Southw est t/4 of Section 34, Township 48 South, range 26 East, Collier Cou nty, Florida, being more
particularly described as follows:
Commence at the South % corner of Section 34, Township 48 South, Range 26 East, Collier County, Florida; thence run North
02 13'26" West along the East line of the Southwest % of said Section 34, for a distance of 2,005.53 feet to the Southeast corner of
the North % of the Northeast % of the Southwest % of said Section 34 and the Point of Beginning of the parcel of land herein
described; thence run North 89 51'58" West along the South line of the norlh % of the Northeast % of the Southwest % of said
Section 34,for a distance of 1,245.00 feet; thence run North 02 13'26" West, parallel with the East line of thesouthwest % of said
Section 34, for a distance of 1,245.00 feet; thence run South 02 13'26" East along the East line of the Southwest 1,147 of said Section
34, f or a distance of 42o.21feet to the Point of Beginning.
More commonly known as
Sobel Vanderbilt, LLC
signed this lqth aay or S?k'r.bi' , zoro
Bristol Pines, LLC
By:
Its:nager
Sobel
NOTARY'S SIGNATURE to r or Agent's Signature
Name & Title .Wtn
Personally Known Produced I dentification
#"*
Nolary ft&lic Siard ol Flo.id.
t(eila CIBtina Araulo Drum
iry Co.rmiilbn GG 019245
Expkes 08rGr2U20
By:
Jeffrey E. Sobel Type of ldentification Produced_
*it '(N,^fr;,n" + At^
16.A.8.b
Packet Pg. 516 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)
1212912017 Detail by Entity Name
Drvrsro oFCoRPoRArroNS
a/,jtulry,-".org rt tLutrtt oj
Oi,!Ui't',.'J'lUt l')
----.
Detail by Entity Name
Florida Limited Liability Company
SOBEL VANDERBILT LLC
Filing lnformation
Document Number 115000193766
FEI/EIN Number 81-1962441
Date Filed 1111612015
Effective Date 1111212015
State FL
Status ACTIVE
Principal Address
2385 NW EXECUTIVE CENTER DRIVE
SUITE 370
BOCA RATON, FL 33431
Mailinq Address
2385 NW EXECUTIVE CENTER DRIVE
SUITE 370
BOCA RATON, FL 33431
Reoistered Agent Name & Address
SOBEL, JEFFREY E
2385 NW EXECUTIVE CENTER DRIVE, SUITE 370
BOCA RATON, FL 33431
Authorized Person(sl Detail
Name & Address
Title MGR
SOBEL, JEFFREY E
2385 NW EXECUTIVE CENTER DRIVE, SUITE 370
BOCA RATON, FL 33431
Title MGR
SOBEL, SAMUEL R
2385 NW EXECUTIVE CENTER DRIVE, SUITE 370
BOCA RATON, FL 33431
Annual Reoorts
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder:SOBELVAN... 1/2
Departmentof State / Division of Coroorations / Search Records / Detail Bv Documenl Number /
16.A.8.b
Packet Pg. 517 Attachment: Bond Basis (14629 : Excavation Bond Release - Vanderbilt Reserve)