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Agenda 03/23/2021 Item #16A11 (Performance Bond Release - Naples Classical Academy)03/23/2021 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,200 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200002263) for work associated with Naples Classical Academy. _____________________________________________________________________________________ OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Division routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the LDC. The work associated with this security has been inspected and the developer has fulfilled his commitments with respect to this security. The performance security was posted as security for clearing and site filling associated with an Early Work Authorization for Naples Classical Academy SDP, (PL20200001819). On January 25, 2021, the SDP was approved by staff and the bond is no longer required. A recent in spection confirmed that the developer has fulfilled the commitments of the EWA. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. 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 Cash Bond in the amount of $1,200. Development Review 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.11 Packet Pg. 663 03/23/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doc ID: 15021 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $1,200 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20200002263) for work associated with Naples Classical Academy. Meeting Date: 03/23/2021 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 02/10/2021 2:31 PM Submitted by: Title: Director – Growth Management Department Name: Matthew McLean 02/10/2021 2:31 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Level 1 Reviewer Completed 02/10/2021 2:52 PM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/10/2021 3:25 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/11/2021 12:26 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/19/2021 11:40 AM Growth Management Department Matthew McLean Additional Reviewer Completed 02/19/2021 1:40 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2021 12:39 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/22/2021 8:35 AM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/22/2021 9:34 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/24/2021 10:15 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/11/2021 3:08 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 10:38 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM 16.A.11 Packet Pg. 664 NAPLES CLASSICAL ACADEMY LOCATION MAP 16.A.11.a Packet Pg. 665 Attachment: Location Map (15021 : EWA Bond Release - Naples Classical Academy) EARLY WORK PERFORMANCE AGREEMENT fllh THIS EARLY WORK PERFORMANCE AGREEMENT entered into this / day of December , 2020, between Summit Construction Manaqement Group. 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section '10.01 .02.B (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL2020O002263 (the "Early Work 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 Early Work Regulations and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereofl in the amount of $1,200.00. ln the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. The County Manager or designee shall, within sixty (60) days of receipt of notification by Developer in writing that the Early Work is complete, either: a) notify Developer in writing of his approval of the Early Work; or b) notify Developer in writing of his refusal to approve the Early Work, therewith specifying those conditions which Developer must fulfill in order to obtain the County Manager's approval of the Early 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 early performance security to secure satisfactory completion, repair and maintenance of the Early 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 Early Work. The Developer, as principal under the early 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 1 2 3 4 6 16.A.11.b Packet Pg. 666 Attachment: Bond Basis (15021 : EWA Bond Release - Naples Classical Academy) 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 Develope haver J h 7 executed by their duly authorized representatives this SIGNED I THE P ENCE OF Sign ha ,, n rr?C vz rc// By Printed Name caused this Agreement to be day of December, 2020. Sign: Printed Name ATTEST: Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida roved r t<_ rm legality: D.r.k D. Pcrry Assistant County Attorney Summ struction Ma ent G P, LLC Charles H. Cordes, Manager Provide Proper Evidence of Authority) BOARD OF COTINTY COMMISSIONERS OF COLLI R COTJNTY. FLORIDA At"-,lL By -1/'1 2_ a as ignee ofthe County Manager punuant to Resolution No. 20 t5- 162 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. .zt-, 16.A.11.b Packet Pg. 667 Attachment: Bond Basis (15021 : EWA Bond Release - Naples Classical Academy) Exht b,Y rn Collier County Growth Management Division 2800 Harseshae Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: change / overagei Contact: FEE DETAILS: Fee Description Refu nda ble Bonds cashier Name: Batch Number: Entered By: 2020797824 2020-L03073 t2/ts/20?0 $1,200.00 Pavment Method Check Reference N umber Pt202aooa2263 Alina H arris 9696 monroig_i Amount Paid $1,200.00 Check Number 12447 GL Account 670-000000-220113 $ 1,2 00.0 0 $0.00 Summit Construction Management Group 421 s. Summerlin Ave. Orlando, FL 32801 Orioinal Fee $1,200.00 Amount Paid $1,200.00 16.A.11.b Packet Pg. 668 Attachment: Bond Basis (15021 : EWA Bond Release - Naples Classical Academy) 12115t2020 Detail by Entity Name DrvtsloN oF CoRPoRAT|oNs "#.*-.41--\ Dtvrtui cf C r-l j,] r-t i'-iy' J' [1 t t'. ar olfit ul llu c uf flu4,llt r!b\it. oepldllel!-alslalg / Division of CorpgrElla!! / Search Records / Search by_Edily_NAIe / Detai! by Entity Name Florida Limited Liability Company SUMMIT CONSTRUCTION IV1ANAGEMENT GROUP, LLC Filing lnformation Document Number L09000081031 FEI/EIN Number 27-087M43 Date Filed 0812112009 State FL Status ACTIVE Principa!_]!!&|lcss 421 SOUTH SUMMERLIN AVENUE ORLANOO, FL 32801 Changed: 0312612012 Mailing Address 421 SOUTH SUMMERLIN AVENUE ORLANDO, FL 32801 Changed: 0312612012 Registered Agent Name & Address BLACKBURN & COMPANY L.C. 5150 Belfort Rd. Bldg 500 JACKSONVILLE, FL 32256 Name Changed: 041091201 5 Address Changed: 041091201 5 Authorized Person(g) Detail Name & Address Title NIGR CORDES, CHARLES H 421 SOUTH SUI\,4MERLIN AVENUE ORLANDO, FL 32801 Annual Replits Report Year Filed Date search.sunbi2.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lniual&searchNameOrder=SUMMITCONST 1t2 16.A.11.b Packet Pg. 669 Attachment: Bond Basis (15021 : EWA Bond Release - Naples Classical Academy)