Agenda 10/11/2022 Item #16A 9 (Development guaranty for an Early Work Authorization for work with Valencia Golf and Country Club)10/11/2022
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$19,960 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20210000882) for work associated with Valencia Golf and Country Club - Phase 1B.
_____________________________________________________________________________________
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 Valencia Golf and Country Club - Phase 1B PPL,
(PL20210000284). On July 12, 2022, the PPL was approved by the Board of County Commissioners 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
$19,960. 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.9
Packet Pg. 212
10/11/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 23209
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $19,960 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20210000882) for work associated with Valencia Golf and Country Club - Phase 1B.
Meeting Date: 10/11/2022
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/30/2022 4:09 PM
Submitted by:
Title: Environmental Specialist – Growth Management Department
Name: Jaime Cook
08/30/2022 4:09 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 08/30/2022 4:27 PM
Growth Management Department Diane Lynch Growth Management Department Completed 09/01/2022 7:19 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 09/02/2022 2:03 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/06/2022 8:20 AM
Growth Management Department Jaime Cook Division Director Completed 09/06/2022 3:43 PM
Growth Management Department Jeanne Marcella Transportation Skipped 09/07/2022 9:55 AM
Growth Management Department James C French Growth Management Completed 09/12/2022 9:41 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/21/2022 1:02 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/21/2022 1:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/21/2022 2:04 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/03/2022 3:38 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/04/2022 9:31 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 10/11/2022 9:00 AM
16.A.9
Packet Pg. 213
VALENCIA GOLF AND COUNTRY CLUB –
PHASE 1B
LOCATION MAP
16.A.9.a
Packet Pg. 214 Attachment: Location Map (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this !f,day of {uue,
4!, between Valencia Owner. LLC hereinafter refened 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. PL20210000882 (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 agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work").
Developer herewath tenders its early work performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $f.!!!990Jqq.
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 mmpletion 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.
3
4
5
6
The County Manager or designee shall, within si>dy (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 l\4anager,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 satisfaciory complelion,
repair and maintenance of the Early Work. The Board shall nave the iignt toconstruct and maintain, or cause to be constructed or maintained, pursuint topublic advertisement and receipt and acceptance of bids, the Eariy Work. TheDeveloper, as principal under the early performance security, shall Ue tiaUte to pay
and to indemnify the Board, upon compretion of such conitruction, the finar tot;rcost to the Board thereof, including, but not limited to, engineering, legal anJcontingent costs, together with any damages, either direA or ionsequential, which
Pera 1rf 2
16.A.9.b
Packet Pg. 215 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
the Board may sustain on account of the failure of Developer to fulfill all of the
provisions of this Agreement.
SIGNED IN THE PRESENCE OF Valencia LLC
7
lN WTNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this 301/i day of June. 2021 .
Sion::-u
Printed Name ll( Beavant
Printed Name
Patti Bradshaw
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court & Comptroller
Collier County, Florida
ved ast ga lity
Derek D. Perry
Assistant County Attorney
By
Ron J. Hoyl
Vice President
Valencia Owner, LLC
(Provide Proper Evidence of Authority)
Evidence of signing authority attached
hereto as Exhibit B
BOARD OF COUNTY COI\4MISSIONERS
OF COLLIER COUNTY , FLORIDA
Jr1ne CookBy
r Rc!lcw
as designee of the Coun Manager
pursuant to Resolution No. 2015-162
Sig n:
Prgc 2 of 2
All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective successors and assigns of Developer.
16.A.9.b
Packet Pg. 216 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
EXHIBIT "A''
Collier County
Growth Management Divasion
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Payment Details:Pavment Method
Check
Receipt Number:
Transaction Number:
Date Paid:
Amount Duei
Amount Paid:
change / Overage:
Contact:
FEE DETAILS:
Cashier Name:
Batch Number:
Entered By:
202L8700t7
202t-067950
08/02/2O2t
$19,960.00
Reference Number
P120210000882
Alina Ha rris
70223
monroig i
Amount Paid
$ 19,960.00
$19,960.00
$0.00
VALENCIA OWNER, LLC
3066 TAMIAMI TRAIL N STE 201
Naples, FL 34103
Orioinal
Fee
$ 19,9 60,00
Amount
Paid
$ 19,960.0 0
GL Account
670-000000-220113
Fee Description
Refu ndable Bonds
Check Number
LLTO
16.A.9.b
Packet Pg. 217 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
..'t'
VALENCIA OWNER, LLC
3066 TAMIAMI TAAIT N, STE 201
NAPLES, FL 34I03
Nineteen Thousand Nine Hundred Sixty and 00/100**'.
TOTHE
OROER OF
Collier County Board of County Commissioners
2800 N. Ho6eshoe D.ive
Naples, FL 34'104
117 00/{BankofAmerica. --.
Ac, F/r 063,0027?
tV"
63.27 /631
PAY
t
6t
E
6tl
6
OATE
7 n6n021
AI.lOUNT
-'19,960.00
I
r.
VALENCIA OWNER, LLC
132544
P120210000882 PERMIT 7 t26t2021
Collier County Board ot County Commissioners
19,960 00
L77 0
7 t26t2021
000 19.960 00
19,960 00 000 19.960 00
I I
16.A.9.b
Packet Pg. 218 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
EXHIBIT "B''
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16.A.9.b
Packet Pg. 219 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)
2021 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# M1 6000003529
Entity Name: VALENCIA OWNER, L.L.C.
Current Principal Place of Business:
3953 MAPLE AVENUE. SUITE 3OO
DALLAS, TX 75219
Current Mailing Address:
3953 MAPLE AVENUE, SUITE 3OO
DALLAS, TX 75219 US
FEI Number: 81-5379631
Name and Address of Current Registered Agent:
FILEO
Apr 27,2021
Secretary of State
1371s1s433CC
Certificate of Status Desired: No
CT CORPORATION SYSTEM
12OO SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
The above naned entity submits thi6 statene for the puposo of changing its rcgistercd ofrce or regislorcd agant, or bolh, in the Slate of Floida
SIGNATURE:
Electronic Signature of Regist€red Agent
Authorized Person(s) Detail :
Tille VP
Name HOYL, RON J.
Address 3953 MAPLE AVENUE, SUITE 300
City-Slate-zip: DALLAS IX 75219
Date
Tifle
Name
Address
City-State-Zip
MANAGING MEMBER
RP VALENCIA i.4EMBER, L,L.C,
3953 MAPLE AVENUE, SUITE 3OO
DALLAS TX 75219
lhal hy nane appeaG obo\e, or on an anachnen! wilh att othet lika empowarcd.
STGNATURE: RON J. HOYL V|CE PRES|DENT 04t27 t2021
Electronic Signature of Signing Authorized Person(s) Detail Date
16.A.9.b
Packet Pg. 220 Attachment: Bond Basis (23209 : EWA Bond Release - Valencia Golf and Country Club - Phase 1B)