Agenda 09/12/2023 Item #16A10 (Release performance bond for work associated with Fairgrove Coach Homes)09/12/2023
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond of $25,000, which was
posted as a guarantee for Excavation Permit Number PL20220005092 for work associated with Fairgrove
Coach Homes.
OBJECTIVE: To release security that 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 Fairgrove Coach Homes. The As-Built lake cross sections have been received, and the lake was
inspected on July 28, 2023, 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: No growth management impact is 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 for $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.10
Packet Pg. 378
09/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 26267
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond of $25,000,
which was posted as a guarantee for Excavation Permit Number PL20220005092 for work associated with
Fairgrove Coach Homes.
Meeting Date: 09/12/2023
Prepared by:
Title: Technician – Development Review
Name: Lucia Martin
08/03/2023 3:23 PM
Submitted by:
Title: Environmental Specialist – Growth Management Community Development Department
Name: Jaime Cook
08/03/2023 3:23 PM
Approved By:
Review:
Growth Management Community Development Department Diane Lynch Growth Management DepartmentCompleted
08/04/2023 5:27 PM
Development Review Brett Rosenblum Additional Reviewer Completed 08/07/2023 8:05 AM
Operations & Regulatory Management Michael Stark Additional Reviewer Completed 08/07/2023 2:44 PM
Transportation Management Operations Support Evelyn Trimino Additional Reviewer Completed
08/08/2023 8:24 AM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/09/2023 3:32 PM
Growth Management Community Development Department Jaime Cook Division Director Completed
08/10/2023 9:21 AM
Growth Management Community Development Department James C French Growth Management Completed
08/22/2023 4:41 PM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/24/2023 10:20 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/24/2023 10:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2023 8:13 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 08/30/2023 4:15 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/31/2023 4:35 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/12/2023 9:00 AM
16.A.10
Packet Pg. 379
FAIRGROVE COACH HOMES
LOCATION MAP
16.A.10.a
Packet Pg. 380 Attachment: Location Map (26267 : Excavation Bond Release - Fairgrove Coach Homes)
Arrcrrst , 20
EXCAVATION PERFORIVIANCE AGREEIIENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this 25lh 62y sl23 between KE Talis Park Properties, 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:t06, et al of the Collier County Code of Laws and Ordinances, and the Coltier 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. P120220005092 (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:
1. 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.
2
4
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 notifles
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.
6
The- County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is iomplete, 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 obtarn 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 designeemay call upon the excavation performance security to secure satisfa6tory
completion, repair and maintenance of the Excavation work. The Board shailhave 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 Deveroper, as principar under the excavation
5.
16.A.10.b
Packet Pg. 381 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
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 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 caused this Agreement to be
exeouted by their duly authorized representatives this 2 5 day of August ,2Oz
SIGN
ICE Tel ts Prrk Pro pertles, LLC
-a
!\-n- uO.+SQrr
7
Printed Name
Printed Name
ATTEST:
Crystal K. Kinzel, CLERK
By
Clerk of the Circuit Court &Comptroller
legality:
Derek D. Perry
Assistant County Attorney
me/Title
, or CEO)
BOARD OF COLINTY COMMISSIONERS
OF COLLIER COUNTY, FLOzuDA
By:
Cook, Director
Development Review Division
as designee of the Corurty Manager
pursuant to Resolution No. 2015-162
SiSn:ffi
ehxt> Ni
,\.
eolo(1 Prqvide .Proper Evidence of Authority)Slzslzz
16.A.10.b
Packet Pg. 382 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
Exhibit tt A"
Performance Security
16.A.10.b
Packet Pg. 383 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
EXHIBIT "A"
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Refundable Bonds
Cashier Name:
Batch Number:
Entered By:
20221005097
2022-086167
0B/2s/2022
$25,000.00
Payment Method
Check
Reference Number
P12022000 5092
Vanessa. McHenry
t7296
monroig_i
Amount Paid
$25,000.00
Check Number
74507232
$25,000.00
$0,00
KE TALIS PARK PROPERTIES LLC
45OO PG BLVD STE 4OO
PALM BCH GDNS , FL 33418
Original
Fee
$25,000,00
Amount
Paid
$2s,000.00
GL Account
13 1-000000 -220713
16.A.10.b
Packet Pg. 384 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
Exhibit ttB"
Evidence of Signing Authority
16.A.10.b
Packet Pg. 385 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
WRITTEN CONSENT OF THE SOLE MEMBER
OF
KE TALIS PARK PROPERTIES, LLC
IN LIEU OF A SPECIAL MEETING
Dated as of January Lst,2022
The undersigned, being the sole member ("Member") of KE TALIS PARK
PROPERTIES, LLC, a Delaware limited liability company (the "Company") pursuant to the
Delaware Limited Liability Company Act and the terms of the Limited Liability Company
Agreement of Company, does hereby consent to and adopt the following resolutions in lieu of
holding a meeting:
RESOLVED, that the following be and hereby are elected to the offices of the Company
set forth opposite their respective names below, to serve until the next annual meeting of the
Member and until their successors are duly elected and qualified:
Sydney W. Kitson
Tyler W. Kitson
Thomas M. Hoban
Alfred P. Dougherty
Glenn C. Geiger
Terrence R. Holihen
George G. Speer
Chief Executive Officer
President
Vice President
Vice President
Vice President
Vice President and Assistant Secretary
Secretary and Treasurer
General
FURTHER RESOLVED, that in addition to and without limiting the foregoing, the
officers of the Company be, and each of them hereby is, authorized to take, or cause to be taken,
such further action, and to execute and deliver, or cause to be delivered, for and in the name and
on behalf of the Company, all such instruments, documents and payments as he or she may deem
appropriate in order to effect the purpose or intent of the foregoing resolutions (as conclusively
evidenced by the taking of such action or the execution and delivery of such instruments or the
making of such payments, as the case may be, by or under the direction of such officer), and all
actions heretofore taken by any such officer of the Company in connection with the subject of
the foregoing resolutions be, and hereby are, approved, ratified and confirmed in all respects as
the act and deed of the Company.
FURTHER RESOLVED, that the officers of the Company be, and each of them hereby
is, authorized to execute amendments to any instrument or document executed in connection
with the foregoing resolutions, as such person deems necessary or advisable, such determination
to be conclusively evidenced by the execution thereof,
ISignatures on following page.]
16.A.10.b
Packet Pg. 386 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)
IN WITNESS WHEREOF, the undersigned have executed this Written Consent as of
the date first written above.
MEMBER:
KE TALIS P LLC, a Delaware
limited liability
By:
Executive Officer
2
16.A.10.b
Packet Pg. 387 Attachment: Bond Basis (26267 : Excavation Bond Release - Fairgrove Coach Homes)