Appendix A - Standard Performance Security Documents for Required Improvements APPENDIX A STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS
The following specimen forms are to be used as a guide for preparation of bonding instruments which will
be submitted to the Collier County Board of County Commissioners for guaranteeing the completion of
required improvements with respect to this Code.Adherence to the forms will assure an expeditious review by
the Development Services Division and the Collier County Attorney's Office. Deviation in substance or form
from the suggested specimen forms may result in a substantial delay or disapproval of the bonding provisions
for Required Improvements by the Development Services Division or the County Attorney's Office. These
specimen forms may be revised from time to time by resolution of the Board of County Commissioners.
Appendix A consists of the following specimen forms:
A.1. Subdivision Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Construction, Maintenance, and Escrow Agreement For Subdivision Improvements
d. Construction and Maintenance Agreement For Subdivision Improvements
A.2. Excavation Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
A.3. Early Work Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
A.4. Site Development Plan Improvements
a. Irrevocable Standby Letter of Credit
b. Performance Bond
c. Performance Agreement
Supp. No. 14 LDCA:1
COLLIER COUNTY LAND DEVELOPMENT CODE
A.1. Subdivision Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer").
PLACE OF EXPIRY: At Issuer's counters.
DATE OF EXPIRY:This Credit shall be valid until (insert date of first anniversary of date of issue),and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the
Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicants current
business address).
BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Benefi-
ciary") do Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED:AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and/or maintain the improvements associated with that certain plat of a subdivision known
as (insert name of subdivision) or a final inspection satisfactory to Collier County has not been
performed prior to the date of expiry, and satisfactory alternative performance security has not been
provided to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert
name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert
original date of issue)"The original Letter of Credit and all amendments, if any, must be presented for
proper endorsement. Draft(s) may be presented within the State of Florida at the following address
(list Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall
not be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s)drawn under and in compliance with the terms of
this Credit will be duly honored by Issuer if presented within the validity of this Credit.
Supp. No. 14 LDCA:2
APPENDIX A
.,. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
(Ord. No. 12-38, § 3.MM; Ord. No. 15-44, § 3.N)
Supp. No. 14 LDCA:3
COLLIER COUNTY LAND DEVELOPMENT CODE
b. The Performance Bond shall be substantially as follows:
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Dollars($ ) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by
these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval
by the Board a certain subdivision plat named and that certain subdivision shall
include specific improvements which are required by Collier County Ordinances and Resolutions
(hereinafter"Land Development Regulations"). This obligation of the Surety shall commence on the
date this Bond is executed and shall continue until the date of final acceptance by the Board of County
Commissioners of the specific improvements described in the Land Development Regulations
(hereinafter the "Guaranty Period").
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the
County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and
shall reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any
way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety
to the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition or modification of any character whatsoever.
Supp. No. 14 LDCA:4
APPENDIX A
IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this
day of
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
, 20 , BY (NAME OF ACKNOWLEDGER) AS (TITLE) OF (NAME OF COM-
PANY)WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED AS
IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
WITNESSES: (Surety Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
ACKNOWLEDGMENT
STATE OF
COUNTY OF
THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF , 20 , BY (NAME OF ACKNOWLEDGER) AS
(TITLE)OF(NAME OF COMPANY)WHO IS PERSONALLY KNOWN TO ME, OR HAS PRODUCED
AS IDENTIFICATION.
Notary Public - State of
(SEAL)
Printed Name
(Ord. No. 15-44, § 3.N)
Supp. No. 14 LDCA:5
APPENDIX A
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
day of
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who ❑ is personally known or ❑ has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
WITNESSES: (Surety Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who ❑ is personally known or ❑ has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
(Ord. No. 15-44, § 3.N; Ord. No. 21-05, § 3.0)
Supp.No.23 LDCA:5
COLLIER COUNTY LAND DEVELOPMENT CODE
c. The Construction, Maintenance and Escrow Agreement for Subdivision Improve-
ments shall be substantially as follows:
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDIVISION IMPROVEMENTS
THIS AGREEMENT entered into this day of , 20 by (description of entity)
(hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, (hereinafter "The Board") and (hereinafter "Lender").
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of a certain plat of a subdivision to be known as:
B. The subdivision will include certain improvements which are required by Collier County ordinances,as
set forth in a site construction cost estimate ("Estimate")prepared by , a copy of which
is attached hereto and incorporated herein as Exhibit 1.For purposes of this Agreement,the"Required
Improvements" are limited to those described in the Estimate.
C. Sections 10.02.05 C.and 10.02.04 of the Collier County Subdivision Code Division of the Unified Land
Development Code requires the Developer to provide appropriate guarantees for the construction and
maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated
Account No. (the"Construction Loan")to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required to guarantee
pursuant to this Agreement is$ , and this amount represents 110% of the Developer's
engineer's estimate of the construction costs for the Required Improvements.
NOW,THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth,
Developer, the Board and the Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required
Improvements, to be constructed pursuant to specifications that have been approved by the
County Manager or his designee within months from the date of approval of
said subdivision plat.
2. Developer hereby authorizes Lender to hold$ from the Construction Loan, in
escrow, pursuant to the terms of this Agreement.
3. Lender agrees to hold in escrow $ from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall
not constitute a draw against the Construction Loan fund, but that only such funds as are
actually disbursed, whether pursuant to this Agreement or a provision of the Construction
Loan, shall accrue interest.
4. The escrowed funds shall be released to the Developer only upon written approval of the
County Manager or his designee who shall approve the release of the funds on deposit not
Supp.No.23 LDCA:6
APPENDIX A
more than once a month to the Developer, in amounts due for work done to date based on the
percentage completion of the work multiplied by the respective work costs less ten percent
(10%); and further, that upon completion of the work, the County Manager or his designee
shall approve the release of any remainder of escrowed funds except to the extent of
$ which shall remain in escrow as a Developer guaranty of maintenance of the
Required Improvements for a minimum period of one (1)year pursuant to Paragraph 10 of the
Agreement.
However, in the event that Developer shall fail to comply with the requirements of this Agreement,then
the Lender agrees to pay to the County immediately upon demand the balance of the funds held in
escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to
the County, the County will have executed and delivered to the Lender in exchange for such funds a
statement to be signed by the County Manager or his designee to the effect that:
(a) Developer for more than sixty (60) days after written notification of such failure has
failed to comply with the requirements of this agreement;
(b) The County, or its authorized agent, will complete the work called for under the terms
of the above-mentioned contract or will complete such portion of such work as the
County, in its sole discretion shall deem necessary in the public interest to the extent
of the funds then held in escrow;
(c) The escrow funds drawn down by the County shall be used for construction of the
Required Improvements, engineering, legal and contingent costs and expenses, and
to offset any damages, either direct or consequential, which the County may sustain
on account of the failure of the Developer to carry out and execute the above-
mentioned development work; and
(d) The County will promptly repay to the Lender any portion of the funds drawn down
and not expended in completion of the said development work.
5. Written notice to the Lender by the County specifying what amounts are to be paid to the
Developer shall constitute authorization by the County to the Lender for release of only those
specified funds to the Developer. Payment by the Lender to the Developer of the amounts
specified in a letter of authorization by the County to the Lender shall constitute a release by
the County and Developer of the Lender for the specified funds disbursed in accordance with
the letter of authorization from the County.
6. The Required Improvements shall not be considered for preliminary approval until a statement
of substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the County Manager or his designee for
compliance with the Collier County Subdivision Regulations.
7. The County Manager or his designee shall, within sixty (60) days of receipt of the statement
of substantial completion, either: a) notify the Developer in writing of his preliminary approval
of the improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order
to obtain the Director's approval of the Required Improvements.However, in no event shall the
Supp.No.21 LDCA:7
COLLIER COUNTY LAND DEVELOPMENT CODE
County Manager or his designee refuse preliminary approval of the improvements if they are
in fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
8. Should the funds held in escrow be insufficient to complete the Required Improvements, the
Board, after duly considering the public interest, may at its option complete the Required
Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed
in deposit by the Developer in accordance with the foregoing provisions; provided, that the
Lender does not release any monies to the Developer or to any other person except as stated
in this Escrow Agreement to include closing the account, or disbursing any funds from the
account without first requesting and receiving written approval from the County.
10. The Developer shall maintain all Required Improvement for one year after preliminary
approval by the County Manager or his designee.After the one year maintenance period by
the Developer and upon submission of a written request for inspection, the County Manager
or his designee shall inspect the Required Improvements and, if found to be still in compliance
with the Code as reflected by final approval by the Board, the Lender's responsibility to the
Board under this Agreement is terminated.The Developer's responsibility for maintenance of
the Required Improvements shall continue unless or until the Board accepts maintenance
responsibility for and by the County.
11. All of the terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer and the Lender.
IN WITNESS WHEREOF, the Board and the Developer and Lender have caused this Agreement to be
executed by their duly authorized representatives this day of , 20
SIGNED IN THE PRESENCE OF: (Name of entity)
(Developer)
By:
Printed Name Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
SIGNED IN THE PRESENCE OF: (Name of entity)
(Lender)
By:
Printed Name Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed name
ATTEST:
(Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Supp.No.21 LDCA:8
APPENDIX A
Approved as to form and legality:
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M)
d. The Construction and Maintenance Agreement for Subdivision Improvements shall be
substantially as follows:
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS
entered into this day of , 20 between hereinafter referred to as
"Developer,"and the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as the "Board.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the
Board of a certain plat of a subdivision to be known as:
B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision
regulations, said guarantees to be incorporated in a bonded agreement for the construction of the
required improvements.
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 will cause to be constructed:
within months from the date of approval of said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of $ which amount
represents 10% of the total contract cost to complete construction plus 100% of the estimate
cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may
call upon the subdivision performance security to insure satisfactory completion of the
required improvements.
4. The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished
to be reviewed and approved by the County Manager or designee for compliance with the
Collier County Land Development Code.
Supp.No.21 LDCA:9
COLLIER COUNTY LAND DEVELOPMENT CODE
5. The County Manager or designee shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of his preliminary approval of
the improvements;or b)notify the Developer in writing of his refusal to approve improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the
County Manager's approval of the improvements. However, in no event shall the County
Manager or designee refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the County Manager or designee.After the one year maintenance
period by the Developer has terminated, the Developer shall petition the County Manager or
designee to inspect the required improvements. The County Manager or designee shall
inspect the improvements and, if found to be still in compliance with the Collier County Land
Development Code as reflected by final approval by the Board, the Board shall release the
remaining 10% of the subdivision performance security. The Developer's responsibility for
maintenance of the required improvements shall continue unless or until the Board accepts
maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the County Manager or designee to reduce the dollar
amount of the subdivision performance security on the basis of work complete. Each request
for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the County Manager or designee.The County
Manager or designee may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
S. In the event the 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
subdivision performance security to secure satisfactory completion, repair and maintenance
of the required improvements.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 improvements required herein.The Developer, as principal under the
subdivision 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 the Developer to fulfill
all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF,the Board and the Developer have caused this Agreement to be executed by
their duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of Entity)
By:
Supp.No.21 LDCA:10
APPENDIX A
Printed Name Printed Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed Name
ATTEST:
(Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M)
A.2. Excavation Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer")
PLACE OF EXPIRY:At Issuer's counters.
DATE OF EXPIRY:This Credit shall be valid until (insert date of first anniversary of date of issue), and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the
Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current
business address).
BENEFICIARY:The Board of County Commissioners,Collier County, Florida(hereinafter"Beneficiary")
c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED:AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and/or maintain the excavation improvements associated with Excavation Permit No.
, or prior to the date of expiry final approval of the excavation has not been granted by
Collier County as required by Collier County Ordinances and Resolutions, and the Applicant failed to
provide the County with a satisfactory alternative performance security."
Supp.No.21 LDCA:11
COLLIER COUNTY LAND DEVELOPMENT CODE
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert
name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert
original date of issue.)"The original Letter of Credit and all amendments, if any, must be presented for
proper endorsement.Draft(s)may be presented within the State of Florida at the following address (list
Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall
not be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of
this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
(Ord. No. 15-44, § 3.N)
b. The Performance Bond for Excavation Work shall be substantially as follows:
PERFORMANCE BOND FOR EXCAVATION WORK
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida, (hereinafter referred
to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the
United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain excavation permit no. and that certain excavation permit shall include
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations").This obligation of the Surety shall commence on the date this Bond is executed
Supp.No.21 LDCA:12
APPENDIX A
and shall continue until the date of completion of the work and approval by the County of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty Period") or
until replaced by a new bond in the event of a change of Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the
County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and
shall reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any
way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to
the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of o physical presence or o online
notarization, this day of[year], by[name of person]as[type of authority, e.g.president or vice
president] for [legal name of entity], who o is personally known or o has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Supp.No.23 LDCA:13
COLLIER COUNTY LAND DEVELOPMENT CODE
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of o physical presence or o online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who 0 is personally known or 0 has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
(Ord. No. 15-44, § 3.N; Ord. No. 21-05, § 3.0)
c. The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of ,20
between 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. (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").
2. Developer herewith tenders its excavation performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of$
3. 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 ensure satisfactory completion of the
Excavation Work.
Supp.No.23 LDCA:14
APPENDIX A
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 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 those conditions which Developer must
fulfill in order to obtain the County Manager's approval of the Excavation Work.
6. In 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
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their
duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of entity)
By:
Printed Name Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority)
Printed name
ATTEST:
(Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M)
A.3. Early Work Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
... (insert issuer's identifying number)
Supp.No.23 LDCA:15
COLLIER COUNTY LAND DEVELOPMENT CODE
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer").
PLACE OF EXPIRY:At Issuer's counters.
DATE OF EXPIRY:This Credit shall be valid until (insert date of first anniversary of date of issue), and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the
Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current
business address).
BENEFICIARY:The Board of County Commissioners,Collier County, Florida(hereinafter"Beneficiary")
c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED:AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and/or maintain the early work improvements associated with Early Work Authorization
Permit No. , or prior to the date of expiry a subsequent final development order, such
as site development plan or plat, has not been approved by Collier County as required by Collier
County Ordinances and Resolutions, and the Applicant failed to provide the County with a satisfactory
alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert
name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert
original date of issue.)"The original Letter of Credit and all amendments, if any, must be presented for
proper endorsement.Draft(s) may be presented within the State of Florida at the following address(list
Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall
not be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of
this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600.
Supp.No.23 LDCA:16
APPENDIX A
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
b. The Performance Bond for Early Work Authorization shall be substantially as follows:
PERFORMANCE BOND FOR EARLY WORK AUTHORIZATION
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida, (hereinafter referred
to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the
United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by
the Board a certain Early Work Authorization Permit No. and that certain Early Work
Authorization shall include specific improvements which are required by Collier County Ordinances and
Resolutions (hereinafter "Land Development Regulations").This obligation of the Surety shall commence on
the date this Bond is executed and shall continue until the completion of the work and approval by the County
of the specific improvements described in the Land Development Regulations, or until issuance of a
subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans
(PPL) (hereinafter the "Guaranty Period"), or until replaced by a new bond in the event of a change in
Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the
County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and
shall reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any
way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
Supp.No.23 LDCA:17
COLLIER COUNTY LAND DEVELOPMENT CODE
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to
the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of o physical presence or 0 online
notarization, this day of[year], by[name of person]as[type of authority, e.g.president or vice
president] for [legal name of entity], who o is personally known or o has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of o physical presence or o online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who 0 is personally known or 0 has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
Supp.No.23 LDCA:18
APPENDIX A
[printed name of Notary Public]
(Ord. No. 15-44, § 3.N; Ord. No.21-05, § 3.0)
c. The Performance Agreement for Early Work shall be substantially as follows:
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this day of
20 , between hereinafter referred to as "Developer," and the Board of County Commis-
sioners 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.E (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.
(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:
1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the
"Early Work").
2. Developer herewith tenders its early work performance security (attached hereto as Exhibit
"A" and by reference made a part hereof) in the amount of$
3. In 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.
4. 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.
5. 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.
6. In 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
Supp.No.23 LDCA:19
COLLIER COUNTY LAND DEVELOPMENT CODE
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their
duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of entity)
By:
Printed Name Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority
Printed name
ATTEST:
(Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No.20-16, § 3.M)
A.4. Site Development Plan Improvements
a. The Irrevocable Standby Letter of Credit shall be substantially as follows:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.
(insert issuer's identifying number)
ISSUER: (insert full name, street address, and telephone number of Issuer) (hereinafter "Issuer").
PLACE OF EXPIRY:At Issuer's counters.
DATE OF EXPIRY:This Credit shall be valid until (insert date of first anniversary of date of issue), and
shall thereafter be automatically renewed for successive one-year periods on the anniversary of its
issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the
Beneficiary in writing by registered mail that the Issuer elects not to so renew this Credit.
APPLICANT: (insert full name of person or entity) (hereinafter "Applicant") (insert Applicant's current
business address).
BENEFICIARY:The Board of County Commissioners,Collier County, Florida(hereinafter"Beneficiary")
c/o Growth Management Department, 2800 North Horseshoe Drive, Naples, Florida 34104.
AMOUNT: $ (insert dollar amount) (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
Supp.No.23 LDCA:20
APPENDIX A
BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer.
DOCUMENTS REQUIRED:AVAILABLE BY BENEFICIARY'S DRAFT(S)AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "(insert name of Applicant) has failed to
construct and/or maintain the improvements associated with the Site Development Plan known as
(insert name of Site Development Plan), PL# , or prior to the date of
expiry satisfactory final inspection of the Site Development Plan improvements has not been
performed by Collier County as required by Collier County Ordinances and Resolutions, and the
Applicant failed to provide the County with a satisfactory alternative performance security."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under (insert
name of Issuer) Credit No. (insert Issuer's number identifying this Letter of Credit), dated (insert
original date of issue.)"The original Letter of Credit and all amendments, if any, must be presented for
proper endorsement.Draft(s) may be presented within the State of Florida at the following address(list
Florida address).
This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall
not in any way be modified, amended, or amplified by reference to any document, instrument, or
agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall
not be deemed to incorporate herein by reference any document, instrument or agreement.
Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of
this Credit will be duly honored by Issuer if presented within the validity of this Credit.
This Credit is subject to the Uniform Customs and Practice for Documentary Credits (2007 Revision)
International Chamber of Commerce Publication No. 600.
(Name of Issuer)
By:
Printed Name/Title
(President, Vice President, or CEO)
(Provide proper Evidence of Authority)
(Ord. No. 15-44, § 3.N)
b. The Performance Bond for Site Development Plans shall be substantially as follows:
PERFORMANCE BOND FOR SITE DEVELOPMENT PLANS
KNOW ALL PERSONS BY THESE PRESENTS: that
(NAME OF OWNER)
(ADDRESS OF OWNER)
(hereinafter referred to as "Owner") and
(NAME OF SURETY)
(ADDRESS/TELEPHONE NUMBER OF SURETY)
(hereinafter referred to as"Surety")are held and firmly bound unto Collier County, Florida, (hereinafter referred
... to as "County") in the total aggregate sum of Dollars ($ ) in lawful money of the
Supp.No.23 LDCA:21
COLLIER COUNTY LAND DEVELOPMENT CODE
United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents. Owner and Surety are
used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has received approval of a certain
Site Development Plan named and that certain Site Development Plan includes specific
improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations").This obligation of the Surety shall commence on the date this Bond is executed
and shall continue until the completion of the work and the date of satisfactory final inspection by the County
of the specific improvements described in the Site Development Plan pursuant to the Land Development
Regulations (hereinafter the "Guaranty Period") or until replaced by a new bond in the event of a change in
Ownership.
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the County,
and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the
County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and
shall reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any
way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to
the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this
day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who ❑ is personally known or ❑ has produced [type of identification] as
identification.
Supp.No.23 LDCA:22
APPENDIX A
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of § 117.05, Florida Statutes
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of o physical presence or o online
notarization, this day of[year], by[name of person]as [type of authority, e.g.president or vice
president] for [legal name of entity], who 0 is personally known or 0 has produced [type of identification] as
identification.
[signature of Notary Public]
[the Notary Public's official seal]
[printed name of Notary Public]
(Ord. No. 15-44, § 3.N; Ord. No. 21-05, § 3.0)
c. The Performance Agreement for Site Development shall be substantially as follows:
SITE DEVELOPMENT PERFORMANCE AGREEMENT
THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered into this day of
20 , between hereinafter referred to as "Developer," and the Board of County Commission-
ers of Collier County, Florida, hereinafter referred to as the "Board".
WHEREAS, Developer has applied for site development plan approval in accordance with the Collier
County Land Development Code including but not limited to Section 10.02.03.D (collectively, the "Site
Development Plan Regulations"); and
WHEREAS, the Site Development Plan Regulations require Developer to post appropriate performance
guarantees to ensure compliance with the Site Development Plan Regulations and Site Development Plan
Approval No. (the "Site Development Plan Approval").
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 Site Development Plan Regulations and the Site
Development Plan Approval (the "Site Development").
Supp.No.23 LDCA:23
COLLIER COUNTY LAND DEVELOPMENT CODE
2. Developer herewith tenders its site development performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of$
3. In the event of default by the Developer or failure of Developer to complete the Site
Development within the time required by the Site Development Plan Regulations and Site
Development Plan Approval, Collier County, may call upon the site development performance
security to ensure satisfactory completion of the Site Development.
4. The Site Development shall not be considered complete until Developer notifies the County
that the Site Development is complete and the final Site Development is reviewed and
approved by the County Manager or designee for compliance with the Site Development Plan
Regulations.
5. The County Manager or designee shall, within sixty (60) days of receipt of notification by
Developer in writing that the Site Development is complete, either: a) notify Developer in
writing of his approval of the Site Development; or b) notify Developer in writing of his refusal
to approve the Site Development,therewith specifying those conditions which Developer must
fulfill in order to obtain the County Manager's approval of the Site Development.
6. In 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 site
development performance security to secure satisfactory completion, repair and maintenance
of the Site Development.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 Site Development. The Developer, as principal under the site development
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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their
duly authorized representatives this day of , 20 .
SIGNED IN THE PRESENCE OF: (Name of entity)
By:
Printed Name Print Name/Title
(President, VP, or CEO)
(Provide Proper Evidence of Authority
Printed name
ATTEST:
(Name of Clerk), CLERK BOARD OF COUNTY COMMISSIONERS OF COL-
LIER COUNTY, FLORIDA
By: By:
Deputy Clerk Chairman
Approved as to form and legality:
Supp.No.23 LDCA:24
APPENDIX A
Assistant County Attorney
(Ord. No. 15-44, § 3.N; Ord. No. 20-16, § 3.M)
Supp.No.23 LDCA:25