Agenda 07/13/2021 Item #16A 8 (Shoppes at Fiddler's Creek)07/13/2021
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 PL20190002540 for work
associated with the Shoppes at Fiddler’s Creek.
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 the Shoppes at Fiddler’s Creek. The As-Built lake cross sections have
been received and the lake has been inspected on May 25, 2021 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 $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.8
Packet Pg. 408
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.8
Doc ID: 16055
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 PL20190002540
for work associated with the Shoppes at Fiddler’s Creek.
Meeting Date: 07/13/2021
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
05/26/2021 2:31 PM
Submitted by:
Title: Director – Capital Project Planning, Impact Fees, and Program Management
Name: Matthew McLean
05/26/2021 2:31 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/26/2021 5:21 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 05/28/2021 10:34 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 06/01/2021 4:42 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 06/08/2021 7:44 AM
Capital Project Planning, Impact Fees, and Program Management Matthew McLean Additional Reviewer Completed 06/08/2021 9:49 AM
Growth Management Department Trinity Scott Transportation Skipped 05/28/2021 10:21 AM
Growth Management Department James C French Growth Management Completed 06/11/2021 4:21 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/13/2021 9:01 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/14/2021 8:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2021 9:24 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/15/2021 12:53 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 06/28/2021 4:45 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.A.8
Packet Pg. 409
SHOPPES AT FIDDLER’S CREEK
LOCATION MAP
16.A.8.a
Packet Pg. 410 Attachment: Location Map (16055 : Excavation Bond Release - Shoppes at Fiddler's Creek)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this l5 day ofar\",207p between Fiddler's Creek Community Development District #2 hereinafter
r6terre& 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 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.'l 0 (collectively, the "Excavation
Regulations"); and
WHEREAS, the Excavation Regulatrons 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. PL20190002540 (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 $25,000.00.
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 completron 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.
1
2
3
4
5
6 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 shail
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 Excavatlon Work. The Developer, as principal under the excavation
16.A.8.b
Packet Pg. 411 Attachment: Bond Basis (16055 : Excavation Bond Release - Shoppes at Fiddler's Creek)
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 WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this t( day of Jrtr .202D
7
SIGNED IN THE PRESENCE
OF:
S
Creo n>*U
Printed Name
Sign
'4a)c L^*b..,n-
Printed Name
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court &
Comptroller
Collier County, Florida
Chesley E. Adams Jr
Manager/Secretary
BOARD OF COTJNTY
COMMISSIONERS
COLLI R COUN
B
OF
By:(4
as designee ofthe County
Manager
pursuanl to Resolution No. 2015-
162
Approvcil r. to torrr
a fe re ltv
rek Pe ry
T\L FLORIDA
/vt<-.--
Atslstent County t orncrr
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 Iimited 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.
ATTEST,
Fiddler's Creek Community
Development District #2
I
16.A.8.b
Packet Pg. 412 Attachment: Bond Basis (16055 : Excavation Bond Release - Shoppes at Fiddler's Creek)
EXht
,,A
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Pa id:
Amount Due:
Payment Details:
Amount Pa id:
Change ,/ Overage:
Contact:
FEE DETAILS:
Fee Descriotion
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
7020757166
2020-056414
07 /75/2O2O
$25,000.00
Pavment Method
Ch eck
Reference Number
PL2 01 90002 540
Amount Paid
$ 2 5,00 0.0 0
Check Number
229225774
$2s,000.00
$0.00
WILIVIINGTON TRUST
8742 LUCENT BLVD # 3OO
HIGHLANDS RANCH , CO 80129
oriqinal
Fee
$25,000.00
Amount
Paid
$25,000.00
GL Accou nt
670-000000-2201i3
Richa rd Koen igskn echt
9336
Va lerieKu llick
Co llie r ounty
Growth Management Division
2800 Horseshoe Dnve N
Naples, FL 34104
239-252-2400
I 16.A.8.b
Packet Pg. 413 Attachment: Bond Basis (16055 : Excavation Bond Release - Shoppes at Fiddler's Creek)
RESOTUTTON 2019-01
A RESOLUTION ETECTING THE OFFICERS OF THE FIDDTER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT #2, COLLIER COUNTY,
FLORIDA
WHEREAS, the Fiddler's Creek Community Development District f2 was notified of the
results of the General Election held on November 6, 2018 for Seats 2 and 5; and
WHEREAS, the Board of Supervisors of the Fiddler's creek community Development
District #2 desires to elect the below recited person(s) to the offices specified.
NOW, THEREFORE, BE IT RESOLVED
SUPERVISORS OF THE FIDDLER,S
DEVETOPMENT DISTRICT flz:
BY THE BOARD OF
CREEK COMMUNITY
Chair
Vice chair
Secretary
Treasurer
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Secretary
Assistant Treasurer
ELLror Atllec-
VreToltA b, Jr*ev
chuck Adams
Crais Wrathell
LrrJM {,6r,aS
5au^l x)tzto
A,l\ Kt,to
Craie Wrathell
J eff Pinder
PASSED AND ADOPTED this 12th day of December, 2018.
e C)</*-r
seclEiiyT,gststaot!9rytar{Chair air, Boa sup
1. The following persons are elected to the offices shown:
16.A.8.b
Packet Pg. 414 Attachment: Bond Basis (16055 : Excavation Bond Release - Shoppes at Fiddler's Creek)