Agenda 03/22/2022 Item #16A5 (Release Performance Bond Twin Eagles Golf Course Improvements - PL20210001256)03/22/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$62,326.32 which was posted as a guaranty for Excavation Permit Number PL20210001256 for
work associated with Twin Eagles Golf Course Improvements.
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 Twin Eagles Golf Course Improvements. The As-Built lake cross
sections have been received and the lakes have been inspected on February 3, 2022 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 $62,326.32. 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.5
Packet Pg. 385
03/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.5
Doc ID: 21281
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $62,326.32 which was posted as a guaranty for Excavation Permit Number
PL20210001256 for work associated with Twin Eagles Golf Course Improvements.
Meeting Date: 03/22/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/08/2022 3:06 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
02/08/2022 3:06 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/08/2022 3:19 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/09/2022 9:32 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 02/11/2022 3:16 PM
Growth Management Department Diane Lynch Growth Management Department Completed 02/16/2022 2:38 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 02/28/2022 11:40 AM
Growth Management Department Trinity Scott Transportation Skipped 02/11/2022 4:26 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 02/28/2022 2:40 PM
Growth Management Department James C French Growth Management Completed 03/02/2022 4:45 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/03/2022 8:54 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/03/2022 2:01 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/13/2022 9:03 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 03/14/2022 12:15 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
16.A.5
Packet Pg. 386
TWIN EAGLES GOLF COURSE
IMPROVEMENTS
LOCATION MAP
16.A.5.a
Packet Pg. 387 Attachment: Location Map (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 28th day ol
Julv .2021 between The TwinEaoles Club. lnc, hereinafter relerred to as "Developer," and
the Board of County Commissioners of Collier County, Florida, hereinafter relerred 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 3.05.1 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. 20210001256 (the
"Excavation Permif').
NOW, THEREFORE, in consideration of the roregoing premises and mutual covenants
hereinafter set lorth, 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 $62,326.32.
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 ol 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 ol
notilicatron 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 relusal to approve the Excavation Work, therewith
specifying those conditions which Developer must Julfill 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 ol such lailure, 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 lo public advertisement and receipt and acceptance of bids,the Excavation Work. The Developer, as principal under the excavation
4
6
5.
1.
2.
3.
16.A.5.b
Packet Pg. 388 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
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 De have ca this Agreem ent to beveloper
is dS day of atexecuted by their duly authorized representatives th
SIGNED IN THE PRESENCE OF
sign:JqA^r*IL\/L
t(,:
,20
Printed Name
Sig n
€, bou /at ,fuc'*/'<oe
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk ofthe Circuit Court & Comptroller
Collier County, Florida
ed as and iity
Derek D. Perry
Assistant County Attorney
Sign \S,->---a=-.
By:-John lannuzzi Treasurer
Printed Name/Title
Registered Agent, The TwinEagles Club,
lnc.
Evidence of signing authority attached
heretoasExhibit"B".
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Jaime Cook, Director, Development Review
Division, as designee of the County Manager,
pursuant to Resolution No. Z0l5-1r62
L o U)
yr,M--
16.A.5.b
Packet Pg. 389 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
EXHIBIT'A"
Collier County
Growth Management Division
2800 Horseshoe Drive N
Naples, FL i4104
239-252-2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / Overage:
Contact:
FEE DETAILS:
Fee Description
ReFundab e Bonds
cashier Name:
Batch Number:
Entered By:
2021870890
2021-068823
08/04/2027
$62,326.37
Pavment Method
Check
$62,326.32
$0.00
The TwinEaqles Club Inc
11725 TwinEagles Blvd
Naples, FL 34120
Reference Number
P120210001256
l,lelinda, I\4oster
1-0229
monroig_i
Amount Pa id
$62,326.32
Check Number
778
Oriqinal
Fee
$62,326.32
Amount
Paid
562,326.32
GL Accou nt
670-000000-220113
RECEIPT OF PAYMENT
16.A.5.b
Packet Pg. 390 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
r-i!ircl:7t.i
THE TWNEAGLES CLUB INC.
CAPITAL REPLACEMENT ACCOUNT
11725 TWINEAGLES SLVD.
NAPLES. FL 3412G€42
*-62,326 DOLLARS & 32 CENTS
Collier County Growth Mgmt Dept
2800 N. Hors€shoe Drive
Naples, FL 34104
7rr1, Y,/ f(/IBF]RIAB,\NK
441041t2552
OATE
07128t21
178
AMOUNT
62,326.32
NUMSER
000178
PAY
TO THE
ORDER OF
6
A-E,
THE TWNEAGLES CLUE INC.
CAPIIAL NEPIACEMENI ACCOUNT
178
CCGMC CoIL,.er Counry Groxrh Uqrr Depr
Refar€nce Audlt No Gross Anlr
Nt.!r.B.El .:r:-.-iJu: ?8 /: i.
OlscE/l{E
EXCAV-o7?:. Jul28/:1 N/A
ni striburion: 60-159500-000
!'J08:0 ii:], rt d. 32
CCGMD Exca Bond P€rhi r
c.00
62,326.32
6?,125.3:
/&z4
,-a:r/
16.A.5.b
Packet Pg. 391 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
ENGINEER'S CALCULATION OF PERFORMANCE GUARANTEE FOR COLLIER COUNTY EXCAVATION PERMIT
Calculations
0
Reference: Section 22-l75la], Code of Lows ond Ordindnces ol Collier County, Florido
Performance Guarantee Requirements:
- No less than S25,000.00
- No greater than S1,000,000.00
- Amount per linear foot of lake bank is calculated as
S20.00 per linear foot for sand
S100.00 per linear foot for rock
calculate weighted average for sand/rock:
Q-Gradg Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
239-947 -1t44
Project Twin Eagles Golf Course lmprovements
Calculated by: SP
Date 't /2712021
Control EIev = 13.2' NAVDAverage Total Depth =
Average Depth of Sand =
Average Depth of Rock =
9.5 feet
8 feet
1.5 feet
Weighted Average Amount Per Linear Foot of Lake Bank =
( 20.00 x 8) + ( 100.00 x 1.s )
8.00 +1.50
Lake
Numbe
Lake Bank
(LF)
Amount per LF
Lake Bank
Amount of
Guarantee
1 1,910 s32.63 s62,326.32
s32.53 s0.00
s32.63 So.oo
532.63 So.oo
TOTAL 562,126.12
Eneineer's Certification
The above calculations are computed on the basis of:
1. The Collier County Excavation Ordinance,
as codified in Section 22-!751a) Code of Lows ond Ordinonces of Collier County, Florido
2. Construction Plans for Twin Eagles Golf Course lmprovements (P120210001255)
3. lnformation provided by the Geotechnical Exploration Reports
4. Length of Lake Bank is measured at control elevation.
Frank Feeney, P.E.
Florida P.E. License No. 64698
Performance Guarantee =@
G:\EnBine€ring\PRO]'ENG\nTwEGC\O6DP\O3Excavation\Exc cuarantee Ca tcs Revol
lob #:TWEGC
=t $t5fl
I
16.A.5.b
Packet Pg. 392 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)
EXHIBIT "B"
RESOLUTION ADOPTED AT SPECIAL MEETING OF THE TWINEAGLES CLUB
BOARD OF DIRECTORS
DATED: August 2, 2021
The Directors of The TwinEagles Club, lnc , hereby adopt the following resolution
WHEREAS, Collier County requires evidence of authority for John lannuzzi, Treasurer to
execute a document on behalf of The TwinEagles Club, lnc.
WHEREAS, this Resolution is being executed for the purpose of evidencing the authority of
the aforesaid Authorized Agent to take such action on behalf of the TwinEagles Club, lnc.
THEREFOR BE lT RESOLVED, as of August 2,2021 lhe Board of Directors has resolved
and does hereby resolve that John lannuzzi, Treasurer, be and is hereby authorized, as
Authorized Agent, to execute and deliver by, in the name of, and on behalf of, the
TwinEagles Club, Inc., any and all instruments that may be required in connection with
obtaining permits for the renovation of the Talon Golf Course and/or the Clubhouse projects
for property located at 1 1 725 TwinEagles Blvd., Naples, Florida 34120
The above Resolution was adopted by the Board of Directors on the 2lldav ofAuqqsl2021.
t\4i I Wood
,/,
Secretary
INDEXED UNDER
Excavation Permit
Plan Review
Moved/motioned by Ron Filler
Seconded by:Terrv Wino
Vote: Passedunanimously
16.A.5.b
Packet Pg. 393 Attachment: Bond Basis (21281 : Excavation Bond Release - Twin Eagles Golf Course Improvements)