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Agenda 12/13/2022 Item #16A22 (Colliers Reserve- Lake Expansion - PL20200001360)12/13/2022 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 PL20200001360 for work associated with Collier’s Reserve - Lake Expansion. 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 Collier’s Reserve - Lake Expansion. The As-Built lake cross sections have been received and the lake was inspected on November 2, 2022 by the Development Review Division. FISCAL IMPACT: Performance bond securities are placed in Deposits Fund (670) and released after work is performed. 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, Project Manager I, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Bond Basis (PDF) 16.A.22 Packet Pg. 821 12/13/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Doc ID: 23866 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 PL20200001360 for work associated with Collier’s Reserve – Lake Expansion. Meeting Date: 12/13/2022 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 11/07/2022 1:50 PM Submitted by: Title: Environmental Specialist – Growth Management Department Name: Jaime Cook 11/07/2022 1:50 PM Approved By: Review: Growth Management Operations & Regulatory Management Kenneth Kovensky Additional Reviewer Completed 11/07/2022 2:13 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 11/07/2022 3:20 PM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/08/2022 3:40 PM Growth Management Department Diane Lynch Growth Management Department Completed 11/09/2022 1:31 PM Growth Management Department Jaime Cook Division Director Completed 11/10/2022 9:28 AM Growth Management Department James C French Growth Management Completed 11/17/2022 4:24 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/21/2022 3:53 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/21/2022 4:01 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/21/2022 4:37 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/22/2022 4:37 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/05/2022 11:30 AM Board of County Commissioners Geoffrey Willig Meeting Pending 12/13/2022 9:00 AM 16.A.22 Packet Pg. 822 COLLIER’S RESERVE LAKE EXPANSION LOCATION MAP 16.A.22.a Packet Pg. 823 Attachment: Location Map (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 11 day of December. 2020 between Colliels Reserve Countrv Club. lnc 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 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 3.05.1 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. PL20200001360 (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 completion 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. 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 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 Excavation Work. The Developer, as principal under the excavation performance 4 5 6 1. 2. 3. 16.A.22.b Packet Pg. 824 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) 7 construction, the final total cost to the Board thereof, including, but not limited to, engineenng, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on accounl 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. Colllerrs RGaarve Count"y cIub, IEc. lN WITNESS WHEREOF, the Board and Developer have caused this,Agreement to be executed by their duly authorized representatives this // day of l/?( (r,t 1."(/ ,2V0 SIGNED IN THE PRE Sign: A/-Q-L '- {r.[ u..r<o -+l wo.; Printed Name ATTEST: Crystal K. Kinzel, CLERK By Clerk ofthe Circuit Court & Comptroller Collier County, Florida form legality Dcrck D. Perry Assistant County Attorney (Na By: Printed Nam Daryl Dulaney/ President BOARD OF COI.,NTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA SENCE OF !\cat 7By L as signee ofthe County Manager pursuant to Resolution No. 2015-162 sis" t[ULulyur/a?_ Ett( $noKa^-{ Printed Name I S[*"0 16.A.22.b Packet Pg. 825 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) RECEIPT OF PAYMENT I I ttA Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: change / Overage: Contact: FEE DETAILS: Fee Descriotion Refu nda ble Bonds Cashier Name: Batch Number: Entered By: 2020793636 2020-098885 L2/OL/2020 $2s,000.00 Pavment Method Check Amount Paid $2s,000.00 Check Number 1025 GL Account 670-000000-220113 $2s,000.00 $0.00 COLLIER'S RESERVE COUNTRY CLUB, INC 11711 COLLIERS RESERVE DR NAPLES , FL 34110 gds!!e! Fee $2s,000.00 Amount Paid $ 2 s,000.0 0 AlinaHarris 9664 monroig_i Collier County Growth Management Division 2800 Horseshoe Drive N Naples, FL 34104 2i9-252-2400 Reference Number P120200001360 )16.A.22.b Packet Pg. 826 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) 12115t2024 Detail by Entity Name Drtr:toti r-[ OJ9DJA,J,lD!Ii DrvtstoN oF CoRPoRATtoNs ( J.4l--\l,t dli! id itur of lbtrukt *vb'rtc 9epj4!!9!l-alslalC / Drvisron of Corp!@tlaE / Search Records / Search by_Edj!y_Ns!9 / Detai! by Entity Name Florida Not For Profit Corporation COLLIER'S RESERVE COUNTRY CLUB, INC. Filing lnformation Document Number N45367 FEUEIN Number 65-0291629 Date Filed 0912711991 State FL Status ACTIVE Last Event CANCEL ADt\4 DISS/REV Event Date Filed 1210412006 Event Effective Date NONE Principd_.A!&!rcss ] 1711 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Changed: 05i07/1998 Mailing Address 11711 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Changed: 05/07/1998 Eegistered Agent Name & Address VON HOFEN, NICHOLAS 1,I711 COLLIER'S RESERVE DRIVE NAPLES, FL 341,I0 Name Changed: 03121 12017 Address Changed: 0312412003 Officer/Director Detail Name & Address Title Treasurer BUPP, DAVID 12279 COLLIERS RESERVE DRIVE NAPLES, FL 34110 search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnatial&searchNameOrder=COLLIERSRESE. .. 1/3 16.A.22.b Packet Pg. 827 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) 12t15t2020 Detail by Entity Name TitIE GENERAL IVANAGER VON HOFEN, NICHOLAS 11711 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Title Director CONANT, PEACE 12315 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Title Director CARON, DENISE 12320 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Title Secretary GRANT, JOHN 11,I8 DII\,4OCK LANE NAPLES, FL 34110 Title President Dulaney, Daryl 12615 Collier's Reserve Drive Naples, FL 34110 Title VP Peters, Daniel 636 Anchor Rode Drive Naples, FL 34103 Title Director Young, Hannah 11'125 Gulf Shore Drive #708 Naples, FL 34110 Title Director Borel, Robert 12363 COLLIER'S RESERVE DRIVE NAPLES, FL 34110 Title Director CRUSA, TERI search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=COLLIERSRESE .. 2/3 16.A.22.b Packet Pg. 828 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) PerryDerek From: Sent: To: Cc: Subject: Kristina Johnson < Uohnson@jreeng.com > Wednesday, December '16, 2020 8:28 AM PerryDerek Monroiglvette; Alvaro Yusty RE: EX-P120200001360, Collier's Reserve - Lake Expansion EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Derek, As the authorized agent I give permission for this addition to the signature page of the Excavation Performance Agreement as it provides clarification on the signature. Please let me know if you need anything else from me. Thanks, Kristina M, Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351Corkscrew Road, Suite 102 Estero, Florida 33928 o: 239.405.9148 c: 239.285.6999 www.irevansengineering.com COPYRIGHT AN D DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and maycontain information that is confldential or privileged. lf thise-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digitaltransfers is solely that of the user. 1 J.R. EVANS ] ENGTNEERTNG i I From: PerryDerek <Derek.Perry@colliercountyfl.gov> Sent: Wednesday, December 16,2020 8:23 AM To: Kristina Joh nson < KJohnson @jreeng.com> Cc: Monroiglvette <lvette.Monroig@colliercountyfl.gov> Subject: FW: EX-P120200001360, Collier's Reserve - Lake Expansion l,a..INNIVEPSARITr1, Kristina: 16.A.22.b Packet Pg. 829 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) The signature page needs the following amendment. Please confirm whether we may make this amendment on behalfof the applicant. Thank you, Derek D. Perry Assistant County Attomey (239) 2s2-8066 From: Monroiglvette <lvette.MonroiR@colliercountvfl.eov> Sent: Tuesday, December 15, 2020 t2:74 PM To: PerryDerek <Derek.Perrv@colliercountvfl.sov> Cc: CrotteauKathynell <Kathvnell.Crotteau@colliercountvfl.sov> subject: EX-P120200001360, collie/s Reserve - Lake Expansion Please see attached documents for EX-P120200001350, collier's Reserve - Lake Expansion. I will walk over original documents shortly. Thank you. Respectfully, -6d"%,,rrg Tech n icia n -r,L- c,frff",County Developmen, Revlew Division Exceeding Expeclolions, Every Doy! NOIE: Emoi, Address Hos Chonged 2800 North Ho.seshoe Drlve, Noples t:orldq 34104 ?honet 23i.252.2923 How are we doing? Please CLICK HERE to fill out a Customer Survey We appreciate your Feedback! Under Florida Law, e-ma,l addresses are public records. lf you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. lnstead, contact this olfice by teleplone or in writing. 2 16.A.22.b Packet Pg. 830 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion) 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. 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 Developer have caqsed this,Agreement to be executed bytheirduly authorized representatives this // dayof '/)totnbe( ,2020. Q Col (Na 11c r BcserYc Count"Y Club' Inc. e By Printed Name Printed Nam Sign Daryl Dulaney/ President Printed Name ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 7 F: By:7<_ Crystal K. Kinzel, CLERK By: Clerk ofthe Circuit Court & Comptroller Collier Counry, Florida c AS of the County Manager pursuart to Resolution No. 2015-162 16.A.22.b Packet Pg. 831 Attachment: Bond Basis (23866 : Excavation Bond Release - Collier's Reserve Lake Expansion)