Loading...
Agenda 06/28/2022 Item #16A 1 (Performance Bond - PL20210002343 Cambridge Park at Orange Blossom)06/28/2022 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $13,340 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210002343) for work associated with Cambridge Park at Orange Blossom. _____________________________________________________________________________________ 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 (EWA) for Cambridge Park at Orange Blossom PPL, (PL20210000167). On January 11, 2022, the PPL was approved by the Board of County Commissioners and the EWA 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 Performance Bond in the amount of $13,340. 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.1 Packet Pg. 284 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 22233 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $13,340 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20210002343) for work associated with Cambridge Park at Orange Blossom. Meeting Date: 06/28/2022 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 05/12/2022 10:08 AM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 05/12/2022 10:08 AM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 05/12/2022 10:21 AM Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 05/12/2022 12:26 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 05/20/2022 7:50 AM Growth Management Department Diane Lynch Growth Management Department Completed 05/24/2022 5:16 PM Growth Management Department Jaime Cook Additional Reviewer Completed 06/02/2022 5:12 PM Growth Management Department Trinity Scott Transportation Skipped 05/15/2022 7:22 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/03/2022 4:52 PM Growth Management Department James C French Growth Management Completed 06/06/2022 4:52 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/07/2022 8:23 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2022 4:10 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/10/2022 2:20 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/20/2022 9:48 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 16.A.1 Packet Pg. 285 CAMBRIDGE PARK AT ORANGE BLOSSOM LOCATION MAP 16.A.1.a Packet Pg. 286 Attachment: Location Map (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) N o EARLY WORK PERFORIVANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 16th day of he 2021, between LB Oranqe Blossom, LLC hereinafter referred to as( "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". WHEREAS, Developer has applied for an early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.8 (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. PL20210002343 (the "Early Work Permit"). NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $13.340.00. ln the event of default by Developer or failure of Developer to complete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. The County lvlanager 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 hrs 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 1 2 3 4 6 Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"). q 16.A.1.b Packet Pg. 287 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) 7 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. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. ent to belN WITNESS WHEREOF, the Board and Deve lope IU r have caused day of tIs Agreem N ove,,-b<uexecuted by their duly authorized representatives this 20_ 2_l_. SIGNED IN THE PRESENCE OF:Name of Entity: LB Oranoe Blossom. LLC Sign: By: Printed Narne: Kobl;n (*r.Printed Name/Title: Mark D. Wilson, h/anaqer ,Stgn: 0\, t.\Evidence of signing authority attached hereto as Exhibit "6".p..inkru6"l rrtilcr,tt BOARD OF COUNTY COMMISSIONERS ATTEST OF CO IER COUNTY, FLORIDA Bv y'/oo2tppo- Brett J. Rosenblum, Principal Project Manager, as designee of the County Manager, pursuant to Resolution No. 20'l 5-1 62. Crystal K. Kinzel, CLERK By: Clerk of the Circuit Court & Comptroller Collier County, Florida ed as to ality:a C- D.rek D. Perrr Assistant County Attorney Zz- 16.A.1.b Packet Pg. 288 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) EXHIBIT "A'' Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / overagel Contact: FEE DETAILS: Fee Description Refu ndable Bonds Cashier Name: Batch Number: Entered By: 20219077 54 20 21- 10 5 687 Lt/23/202t $13,340.00 Pavment Method Check Reference l{umber P120210002343 Melinda.Paltep 10549 monroig_i Amount Paid $13,340.00 Check Number L7 37 GL Account 131-000000-220113 $13,340.00 $0.00 LONDON BAY COMMUNITY INVESTMENTS 2210 VANDERBILT BCH RD SUTTE 13OO Naples, FL 34109 Original Fee $ 13,340.00 Amount Paid $ 13,340.00 16.A.1.b Packet Pg. 289 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) drt Florida Community Bank. N.A. 2325 Vanderbilt Beach Rd Naples, FL 34109 63.1676/660 1737 DATE 11/19t202'1 $ --13,340.00 LONDON BAY COMMUNITY INVESTMENTS 2210 Vanderbilt Beach Rd Suite 1300 Naoles FL 34109 (239)592-1400 Pay ""*"'**"tnirteen thousand three hundred forty dollars and no centrs TO THE OROER OF Collier County Board of County Commissioners 2800 Norh Horseshoe Drive Naples, FL 34104 Aulhorized Sign.lure \ rnltt 16.A.1.b Packet Pg. 290 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) 5t2112021 Detail by Enlity Name OIVISION OF CORPORATIONS EXHIBIT "B" Ilutitr-rt uj C r_., jU r_.t ju' _' J' Jr_t t { ) tat olliitl ;tut ul Flttrk, trrb:,u! Detai! by Entity Name Florida Limited Liability Company LB ORANGE BLOSSOM, LLC Filing lnformation Document Number 115000181972 FEI/EIN Number 47-5484755 Date Filed 1012712015 State FL Status ACTIVE Last Event LC STMNT OF AUTHORITY 21 Event Date Filed 1012812015 Event Effective Date NONE Principal t\&lreEg 2210 VANDERBILT BEACH RD #1300 NAPLES, FL 34109 Mailing Address 2210 VANDERBILT BEACH RD #1300 NAPLES, FL 34109 Registered Agent Name & Address VAN DIEN, LISA 2210 VANDERBILT BEACH RD #1300 NAPLES. FL 34109 Authorized Pe rson (9)_qcl!a!! Name & Address Title N.4anager WILSON. I\,4ARK D 2210 VANDERBILT BEACH RD #,I3OO NAPLES. FL 34109 Title [.4anaqer WILSON. STEPHEN G 2210 VANDERBILT BEACH RD #1300 NAPLES, FL 34109 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultoetail?inquirytype=EntityName&directionType=lnitial&searchNameorder=LBORANGEBLO 1t2 16.A.1.b Packet Pg. 291 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom) 2021 FLORIDA LIMITED LIABILITY COMPANYANNUAL REPORT DOCUMENT# Ll 50001 81 972 Entity Name: LB ORANGE BLOSSOM, LLC Current Principal Place of Business: 2210 VANDERBILT BEACH RD #1300 NAPLES, FL 34,109 Current Mailing Address: 2210 VANDERBILT BEACH RD#1300 NAPLES, FL 34109 US FEI Number: 47 -5484755 Name and Address of Current Registered Agent: FILED Mar 22,2021 Secretary of State 1 't 1021 6696CC Certificate of Status Desired: No VAN DIEN, LISA 2210 VANDERBILT BEACH RD#1300 NAPLES, FL 34109 US Tho above naned entity submits this statemonl lot the pueosa ol changing its tsgister9d ofrca or ftgistotad egenl, or bolh, in the Stdle ol Flotida, SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title MANAGER Name WILSON, |\4ARK D Address 2210 VANDERBILT BEACH RD #1300 City-State-Zip: NAPLES FL 34109 Title AUTHoRIZED REPRESENTATIVE Name VAN DIEN, LISA Address 2210 VANDERBILT BEACH RD #1300 City-State-Zip: NAPLES FL 34109 MANAGER WILSON. STEPHEN G 2210 VANDERBILT BEACH RD #1300 NAPLES FL 34109 Oate TiUe Name Address City-State-Zipl I herebv cenry th.t lho l.lomauon thdbated oh thts toporl or pplenontet rpotl h te and accuato ahd lhat ny otecvonk sdaatuo shat hav6 tho sana tegat efoct as it nado uNar !h6t rry nam appeas abo@, ot o. .o altachMt wib alt oh6t tire empowe@d. SIGNATURE: STEPHEN WTLSON MANAGER O3t22l2o2t Electronic Signature of Signing Authorized person(s) Dotail Date 16.A.1.b Packet Pg. 292 Attachment: Bond Basis (22233 : EWA Bond Release - Cambridge Park at Orange Blossom)