Agenda 01/10/2023 Item #16A10 (To release security which was posted as a development guarantee)16.A.10
01 / 10/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $25,760
which was posted as a guarantee for Excavation Permit Number PL20200002319 for work associated with
City Gate Commerce Park Phase Three Replat No. 4.
OBJECTIVE: To release security which was posted as a development guarantee.
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 City Gate Commerce Park Phase Three Replat No. 4. The As -Built lake cross sections have been
received and the lake was inspected on November 21, 2022, by the Development Review Division.
FISCAL IMPACT: Performance Bond securities are held as a development guarantee 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
$25,760. 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)
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16.A.10
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doe ID: 24019
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount
of $25,760 which was posted as a guarantee for Excavation Permit Number PL20200002319 for work associated
with City Gate Commerce Park Phase Three Replat No. 4.
Meeting Date: 01/10/2023
Prepared by:
Title: Technician — Growth Management Development Review
Name: Lucia Martin
11/29/2022 3:23 PM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
11/29/2022 3:23 PM
Approved By:
Review:
Growth Management Operations & Regulatory Management Kenneth Kovensky
Growth Management Development Review Brett Rosenblum
Growth Management Department
Engineering & Natural Resources
Growth Management Department
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Diane Lynch
Growth Management Department
Jack McKenna
Additional Reviewer
Jaime Cook
Division Director
James C French
Growth Management
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Additional Reviewer Completed
11/29/2022 4:02 PM
Additional Reviewer Completed
12/05/2022 11:01 AM
Completed 12/08/2022 3:16 PM
Completed 12/08/2022 4:05 PM
Completed 12/09/2022 8:20 AM
Completed 12/09/2022 7:17 PM
Completed 12/27/2022 10:29 AM
Completed 12/27/2022 10:52 AM
Completed 12/28/2022 9:00 AM
Completed 12/28/2022 9:33 AM
Completed 12/28/2022 9:35 AM
01/10/2023 9:00 AM
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CITY GATE COMMERCE PARK PHASE THREE
REPLAT No. 4
LOCATION MAP
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EXCAVATION PERFORMANCE AGREEMENT
_ THIS EXCAVATION PERFORMANCE AGREEMENT entered into this - tf- day of
i s�t�r 20 7L between City Gate Naples, 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 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 3.05.10 (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. PL20200002319 (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").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of $25,760.
3. In 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.
4. 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.
5. The County Manager or designee shall, within sixty (60) days of receipt of
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notification by Developer in writing that the Excavation Work is complete, either: a)
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notify Developer in writing of his approval of the Excavation Work; or b) notify the
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Developer in writing of his refusal to approve the Excavation Work, therewith
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specifying those conditions which Developer must fulfill in order to obtain the
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County Manager's approval of the Excavation Work.
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6. In the event Developer shall fail or neglect to fulfill its obligations under this
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Agreement, upon certification of such failure, the County Manager or designee
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may call upon the excavation performance security to secure satisfactory
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completion, repair and maintenance of the Excavation Work. The Board shall have
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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
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
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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.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this day of 20 ZG.
SIGNED IN THE PRESENCE OF:
WITNESS: �Q
Signature
010,r6a- R.
Printed Name
WITNESS:
Signature
Kaj-a Cosh l o
Printed Name
ATTEST: f:ryst�l f�rzt+ C1�rK
Clerk of the Circuit Court & Comptroller
Collier County, Florida
Approved as is Forge ane? Lerailty s
Mere* D . Pe.rrlr
Assistant County Attar"*
BY: City Gate Naples, LLC
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Signature (Ma ager of the LLC &
provide proper evidence of authority)
P*auov 2xerLAc,,�-vP
Printed Name (Manager of the LLC &
provide proper evidence of authority
car- V,li tic- VA(' . �� r i Zed
BOARD OF COUNTY COMMISSIONERS
OF COL R COUNTY, F DA
By: �
as designee of the County Manager
pursuant to Resolution No. 2015-162
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[:EXHIBIT
JPMORGAN CHASE BANK, N.A.
GLOBAL TRADE OPERATIONS
10420 HSGHLAND MANOR DRIVE, FLOOR D4
TAMPA. FL 33610-9128
SWIFT: CHASUS33
DATE : 03 Dec 2020
IRREVOCABLE STANDBY LETTER OF CREDIT REFERENCE NO.: NLJSCGS035833
TO: THE BOARD OF COUNTY COMMISSIONERS
(REFER L/C TEXT FOR FULL DETAILS)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
DEAR SIRIMADAM,
WE HEREBY ISSUE OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR
BENEFICIARY
THE BOARD OF COUNTY COMMISSIONERS
(REFER L/C TEXT FOR FULL DETAILS)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
ACCOUNT PARTY
CITY GATE NAPLES, LLC
12575 ULINE DRIVE
PLEASANT PRAIRIE, WI 53158
DATE OF EXPIRY
01-DEC-2021
PLACE OF EXPIRY
OUR COUNTER
AMOUNT
USD 25,760.00
APPLICABLE RULE
UCP LATEST VERSION
BENEFICIARY'S COMPLETE DETAILS:
THE BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY, FLORIDA
C/O ENGINEERING REVIEW SERVICES
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
WE HEREBY ISSUE THIS LETTER OF CREDIT FOR THE ACCOUNT OF OBLIGOR,
ULINE, INC., 12575 ULINE DRIVE, PLEASANT PRAIRIE, WI 53158 ON
BEHALF OF ACCOUNT PARTY, CITY GATE NAPLES, LLC.
DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT AT SIGHT
DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT
PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT:
"CITY GATE NAPLES, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN
THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A
SUBDIVISION KNOWN AS CITY GATE COMMERCE PARK PHASE THREE REPLAT
4 OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT
BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY
ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND
FORMALLY ACCEPTED BY THE BENEFICIARY."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED:
"DRAWN UNDER JPMORGAN CHASE BANK, N.A. CREDIT NO. NUSCGS035833,
DATED
THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST
Or anized under the lawS Of U.S.A. with limited liability
U riiLeO States NUSCGS03 33 03 Dec 2020 P
age-1R
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EXHIBIT
Continuation of our Reference NUSCGS035833
BE PRESENTED FOR PROPER ENDORSEMENT.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE
AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 1 YEAR
PERIOD FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS
AT LEAST 60 DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE
IN WRITING TO YOU VIA REGISTERED MAIL, HAND DELIVERY AT THE
ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY EXTEND THIS
LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'
S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE
MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT,
INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS
LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE
DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT,
INSTRUMENT OR AGREEMENT.
ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFTS) DRAWN UNDER
AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY
HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS
CREDIT.
THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE FOR DOCUMENTARY CREDITS, 2007 REVISION,
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600.
PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF
CREDIT TO JPMORGAN CHASE BANK, N.A., CIO JPMORGAN TREASURY
SERVICES, 10420 HIGHLAND MANOR DR., 4TH FL TAMPA, FL 33610
INCLUDING THE LETTER OF CREDIT NUMBER MENTIONED ABOVE. FOR
TELEPHONE ASSISTANCE, PLEASE CONTACT THE STANDBY CLIENT SERVICE
UNIT AT 1-800-634-1969, OR 1-813-432-1210, AND HAVE THIS LETTER
OF CREDIT NUMBER AVAILABLE.
All inquiries regarding this transaction may be directed to our Client Service Group quoting our reference
NUSCGS035833 using the following contact details:
Telephone Number: 1-800-634-1969
Email Address: gts.client.services@jpmchase.com
Yours Faithfully,
JPMorgan Chase Bank, N.A.,
Authorized Signature
Ruxandra Cravicenco
ED - Operations Manager
Organized under the laws of US A, with limited liabillt
United States NUSCGS035833 03 Dec 2020 Page-2/2
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DAVIDSON
t N'.'''' -1 k1r!�'
ESTABLISHED
Civil Engineering • Planning • Permitting
esigning xcellence
Mr. Matt McLean December 7, 2020
Collier County Development Services
2800 N. Horseshoe Drive
Naples, FL 34104
Re: City Gate Commerce Park Phase Three Replat No a (EX)
Performance Guarantee Calculations
Excavation Permit 2nd Review PL20200002319
Mr. McLean,
Per Collier County Code of Ordinances, Section 22-115 the required performance guarantee
requirements is calculated as follows:
Perimeter of Proposed Lake = 1,288 LF
- Bond Amount Calculations = $20.00 per LF = $20.00 x 1,288 LF
- Bond Amount Upon Approval of Excavation Permit = $25,760
A minimum bond of $25,000 is required
The bond requirement for the City Gate Phase Three project located on the East side of CR 951 just
north of the 1-75 overpass, is $25,760.
Should you have any questions or require additional information during your review process, please feel
free to contact me at 239.434.6060, ext 2983 or men na(Wdavidsonengineering.com
cerelyV
a W,.E.
oject Manager
This ia:m has been elect�anitallP ygnee
/,I' �� aM s.aletl by hv�a Wootlwntl P f uunga
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Digitally signed by
Jenna Woodward
Date: 2020.12.07
11:50:31-05'00'
4365 Radio Road • suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com
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