Agenda 04/12/2022 Item #16A10 (Release Performance Bond - Hammock Park)04/12/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$28,460 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20210002053) for work associated with Hammock Park.
_____________________________________________________________________________________
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 Hammock Park Site Development Plan (SDP),
(PL20210000209). On December 14, 2021, the SDP was approved by staff and the bond is no longer
required. A recent inspection 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
$28,460. 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.10
Packet Pg. 745
04/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 21469
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $28,460 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20210002053) for work associated with Hammock Park.
Meeting Date: 04/12/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
02/23/2022 3:30 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
02/23/2022 3:30 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 02/23/2022 4:02 PM
Growth Management Department Diane Lynch Growth Management Department Completed 02/28/2022 4:26 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 02/28/2022 5:22 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 03/04/2022 1:37 PM
Growth Management Department Jaime Cook Additional Reviewer Completed 03/18/2022 12:18 PM
Growth Management Department Trinity Scott Transportation Skipped 02/24/2022 1:49 PM
Growth Management Department James C French Growth Management Completed 03/18/2022 1:58 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/22/2022 1:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/22/2022 2:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/22/2022 3:10 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/25/2022 2:38 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/31/2022 10:43 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM
16.A.10
Packet Pg. 746
HAMMOCK PARK
LOCATION MAP
16.A.10.a
Packet Pg. 747 Attachment: Location Map (21469 : EWA Bond Release - Hammock Park)
NOW, THEREFORE, in consideration oJ the foregoing premises and mutual covenants
hereinafter set lorth, 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").
ln the event ol 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 satisiactory completion of the Early Work.
The Early Work shall not be considered complete until Developer noti{ies the
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee lor 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
lvlanager'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
2
3
4
5
Page I of 'L
EARLY WORK PERFORN/ANCE AGREEMENT
D+t^
<) - THIS EARLY WORK PERFORMANCE AGBEEMENT entered into this I / day of
' <;(re,$^- .e/t ,20 2-\ , between Hammock Park Development. 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 {or 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 guaranlees to ensure compliance with the Early Work Regulations and Early Work
Authorization Permit No. PL20210002053 (the "Early Work Permit").
Developer herewith tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $28.460.00.
6.
16.A.10.b
Packet Pg. 748 Attachment: Bond Basis (21469 : EWA Bond Release - Hammock Park)
7
contingent costs, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure oJ Developer to fulfill all of
the provisions of this Agreement.
All of the lerms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of
Developer.
lN WITNESS WHEBEOF, the Board and Developer have c aused this A reement to beg
executed by their duly authorized rep resentativesthis (1't^day of
20:/,
SIGNED IN THE PRESENCE OF:
Sisn: {orr+ G^-r&ae1l--
ATTEST:
Crystal K. Kinzel, CLERK
Clerk ol'the Circuit Court & Comptroller
Collier County, Florida
roved as for d legality
Derek D. Perry
Assistant County Attorney
Name ty : Hammock Park Development, LLC
By:
Pnnte itle: David E. Torres, Manaqer
(Pre dent, VP, or CEO)
Evidence of signing authority attached
hereto as Exhibit t' B' .
BoARD OF CoUNTY CoMMISSIONERS
OF COLLIER Co , FLOzuDA
By
Jaime Cook, Dircctor
Development Review Division
as dcsignce o1'the County Managcr
pursuant to Rcsolution No. 2015-162
Printed NameIdt-€-5
ted Name:
N0
Page -Z of -?-
By:
16.A.10.b
Packet Pg. 749 Attachment: Bond Basis (21469 : EWA Bond Release - Hammock Park)
E EXHIBIT "A"
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-2s2-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact;
FEE DETAILS:
Fee Description
Refu ndable Bonds
cashier Name:
Batch Number:
Entered By:
2021885314
2027-083247
09/17 /202r
$28,460.00
Payment Method
Check
Reference Number
P120210002053
JenniferBa rosh
10355
monroig_i
Amount Paid
$28,460.00
Check Number
4779
$28,460.00
$0.00
Hammock Park Apa rtments, LLC
7742 Alico Rd
Ft. N4yers, FL 33912
Original
Fee
$ 28,460,00
Amount
Paid
$ 2 8,46 0.0 0
GL Account
670-000000-220113
Page I ot L
16.A.10.b
Packet Pg. 750 Attachment: Bond Basis (21469 : EWA Bond Release - Hammock Park)
9*0121.11:02 AM D€tail by Entity Name
EXHIBIT *B"DtvtstoN oF CoRPoRAT]oNs
D!'/!'-it:i rJ
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Dgpadmed-Olslale / Division of Corporalions / Search Records / Search by-Etrltity-llaEg /
Detail by Entity Name
Florida Limited Liability Company
HAMMOCK PARK DEVELOPMENT, LLC
Filing lnfoImation
DocumentNumber L20000166578
FEUEIN Number 85-22897U
Date Filed Odl'1612020
Effective Date 0611612020
State FL
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 0812612021
Event Effective Date NONE
PrincipaltkldreEr
7742 ALTCO RD
FT MYERS, FL 33912
Mailing Address
7742 ALTCO RD
FT MYERS, FL 339,12
Eggistered Agent Name & Address
TORRES, DAVID E
7742 ALTCO RD
FT MYERS, FL 33912
Authorized Person(g),lpeltai!
Name & Address
Title MGR
TORRES, DAVID E
7742 ALTCO RD
FT. MYERS, FL 33912
Annual Repalts
Report Year
2021
Filed Date
03118t2021
Document lmageq
search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=tnitiat&searchNameOrder=HAMMOCKpAR... 1t2
16.A.10.b
Packet Pg. 751 Attachment: Bond Basis (21469 : EWA Bond Release - Hammock Park)