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Agenda 03/26/2024 Item #16A 1 (Winchester Phase 2 - PL20230014392 $4,980)03/26/2024 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $4,980, which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester Phase 2, PL20230014392. OBJECTIVE: To release a security that was posted as a development guarantee. 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 W ork Authorization (EWA) for Winchester Phase 2 Final Plat (FP PL20230009406). On December 12, 2023, the Board of County Commissioners approved the FP, 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: Performance Bond securities are held as a development guarantee and released after work is performed. 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 $4,980. Development Review will issue a Memorandum to the Clerk of Courts upon approval of this item, 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.1 Packet Pg. 586 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.1 Doc ID: 28075 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $4,980, which was posted as a development guarantee for an Early Work Authorization (EWA) for work associated with Winchester Phase 2, PL20230014392. Meeting Date: 03/26/2024 Prepared by: Title: Technician – Development Review Name: Lucia Martin 02/14/2024 3:46 PM Submitted by: Title: Environmental Specialist – Name: Jaime Cook 02/14/2024 3:46 PM Approved By: Review: Development Review Brett Rosenblum Other Reviewer Completed 02/15/2024 7:16 AM Engineering & Natural Resources Jack McKenna Other Reviewer Completed 02/15/2024 12:46 PM Operations & Regulatory Management Michael Stark Other Reviewer Completed 02/21/2024 5:42 PM Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed 02/26/2024 9:08 AM Unknown Jaime Cook Division Director Completed 02/27/2024 9:19 AM Growth Management Community Development Department Diane Lynch GMD Approver Completed 03/04/2024 10:22 AM Growth Management Community Development Department James C French Growth Management Completed 03/05/2024 1:46 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/13/2024 2:15 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/13/2024 4:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/13/2024 4:14 PM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/14/2024 3:08 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/14/2024 7:01 PM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.A.1 Packet Pg. 587 WINCHESTER PHASE 2 LOCATION MAP 16.A.1.a Packet Pg. 588 Attachment: Location Map (28075 : EWA Bond Release - Winchester Phase 2) EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this day of 202 3, between BCHD Partners l. LLC hereinafter referred to as ,,Developer," and e Board of Coun ty Commissioners of Collier County, Florida, hereinafter referred to as the "Board" c* WHEREAS, Developer has applied for an early work authorization in accordance with thecollier 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.PL20230014392 (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: 1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the 'Early Work"). 2- Developer herewith tenders its early work performance security (attached hereto as Exhibit '4" and by reference made a part hereof) in the amount of $4.9SO.OO 3. 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 Permil, Collier County, may call upon the early work performance security t; insure satisfactory completion of the Early Work. 4. The Early Work shall not be considered complete until Developer notiiies the county that the Early work is complete and the finar Early work is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. 5. The County Manager 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 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 Manager's approval of the Early Work. 6. ln the event Deve:oper 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 shal nave the iignt to construct and maintain, or cause to be constructed or maintained, prirsuant topublic advertisement and receipt and acceptance of bids, the Earry work. The Developer, as principar underthe earry performance security, shal biriabre to pay and to indemnify the Board, upon completion of such construction, the final totalcost to the Board thereof, incruding, but not rimited to, engineering, regar and 16.A.1.b Packet Pg. 589 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 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. SIGNED IN THE PRESENCE OF BCHD Partners I, LLC By r Creeks 1d e Wcst , fns. , l ts llaraascr 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. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this (fra day of S*P/y:i.bU ,2023. Sig ?o. t B;anc^hi Printed Name Sign ALlbR.E f{A^,ICOCE Printed Name AHE^SL ffi Derek D. Perry Assistant County Attorney Brian Goguen, VP of Creekside West, lnc. as lt/anager of BCHD Parteners l, LLC. (Provide Proper Evidence of Authority) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Jaime Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No.20 l5-162 legality: 16.A.1.b Packet Pg. 590 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) Exhibit'A" Early Work Authorization (EWA) Performance Security (Cash Bond) 16.A.1.b Packet Pg. 591 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 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: 2023t728799 2023-084472 09/20/2023 $4,980.00 Pavment Method Check $4,980.00 $0.00 BCHD Partners I, LLC 2600 Golden Gate Parkway Naples, FL 34105 Reference Number PL202300t4392 il Amount Paid $4,980.00 Check Number ooto72 tr t,$ RECEIPT OF PAYMENT Oriqina! Fee $4,980.00 Amount Paid $4,980.00 GLAeequnt 13 1-000000 -2201t3 Vanessa.McHenry t2392 monroig_i Collier Gounty Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 16.A.1.b Packet Pg. 592 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) ol. BCHD PARTNERS I, LLC 2600 GOLDEN GATE PAR]OVAY NAPLES, FLORIDA 341 05-3227 _ilY_ coLLlER cl{w Boccl?,1I5 28oo N HoRSESHoE DR-'b?-" NAPLES, FL 34i04 ?la444rad 7lr/.. ?c.ailwrl tqlry ar.il @ I l0O Dolla,u No.001072 63-1{66,/631 cHEcKoere 09/192423 AMOUNT $ $4,980.00 Cogent Bank VENDoR CC BD COM-DEV I I t_ 16.A.1.b Packet Pg. 593 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) EXHIBlT IIB'' Signing Authority 16.A.1.b Packet Pg. 594 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 9120123,2:45 PM Detail by Entity Name DrvrsroN oF CoRPoRATroNs .*dre Dt,tt':tott uj C c_t iD r_.t i,Ly' J' lr_t D -r4--'ttt'ar',41',tttlf i i! )rt'lt t'' rr: Depanng0!-ds&!9 / Division of Cono.ations / Search Records / Search bv Entitv Name / Detailby Entity Name Florida Profit Corporation CREEKSIDE WEST, INC. Filing lnformation Document Number P97000089176 FEI/EIN Number 59-3482921 Date Filed 1011611997 State FL StAtUS ACTIVE Principa!-ll!&tess 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed: 0412512005 irailing Address 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Changed: 0412512005 Begistersd Agent Nams & Address SONALIA, JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Name Changed: 0412012023 Address Changed: 0412512005 Offi cer/Diractor Detail Name & Address Title P GABLE, R. BLAKESLEE 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title V/S/T https://search.sunblz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=CREEKSI 1t3 16.A.1.b Packet Pg. 595 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 9120123,2:45 PM Detail by Entity Name SONALIA, JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director SPROUL, KATHERINE G 2600 GOLDEN GATE PARKWAY NAPLES, FL34105 Title C/D COLLIER, BARRON III 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 Title Director VILLERE, LAMAR G 2600 GOLDEN GATE PARKWAY NAPLES, FL34105 Title Director ALDEN, PHYLLIS G 2600 GOLDEN GATE PARKWAY NAPLES, FL34105 Title VP GOGUEN, BRIAN 2600 GOLDEN GATE PARKWAY NAPLES, FL34105 Annual Repprtg Report Year 2021 2022 2023 Filed Date 04t22t2021 0412912022 0412012023 Document lmages 04120/2023 -. ANNUAL REPORT 04129/2022 * ANNUAL REPORT O4l22l2021 . ANNUAL REPORT 06/2412020 .. ANNUAL REPORT 04130/201 9 -. ANNUAL REPORT O4l24l2018 -- ANNUAL REPORT 04120/201 7 -- ANNUAL REPORT O4l27l2016 .. ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF formal I View image in PDF format View image in PDF format View image in PDF tormat 2t3 16.A.1.b Packet Pg. 596 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 2021 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# L'l 6000029998 Name: BCHD PARTNERS I, LLC FILED Apr 22,2021 Secretary of State 120827851sCCCurrent Principal Place of Business 2600 GOLDEN GATE PARKWAY ATTN: DAVID GENSON NAPLES, FL 34105 Current Mailing Address: 2600 GOLDEN GATE PARKWAY ATTN: DAVID GENSON NAPLES, FL 34105 US FEI Number:81-1464785 Name and Address of Current Registered Agent: GENSON, DAVID 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 US The above named entiu submits this statement for the purpose of changing its registered ofiice or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent !Authorized Person(s) Detail : Certificate of Status Desired: No !Title lu.r. !eoor".s !cty-state-zip, MGR CREEKSIDE \^/EST, INC. 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Date 04t22n021 I heeby @tlity lhal the inlomalon indEeled on lhi-s e@d u ilppterntal repd is tn,' oN smate aN thst my f,tedmic sonatue s/[,/t have the sm t{i{,at etfscl es it made und,roeth: that t am a nanaoing membq or naoQq ol the linited li;iitity @npaiy or ne eceivei oi tu;i;;p;,;A i exante this p36,tt I BquiBd by chepter 605, Fbttta statutes; andthal my aafre a,8P.aE a0dva. q M an aiachment with al other tika ffipowilred. SIGNATURE: BRADLEY A. BOAZ V/S/T OF MANAGER CREEKSIDE WEST, INC., Electronic Signature of Signing Authorized person(s) Detail Date I I t I I I I I J 16.A.1.b Packet Pg. 597 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) 2023 FLORIDA PROFIT CORPORATIONANNUAL REPORT DOCUMENT# P970000891 76 rrlattttrtria-la!rt!rrrl! Entity Name: CREEKSIDE WEST, lNC.r t a aatar rr r rr r aar arr r!!ar r Current Principal Place of Business: 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 FILED Apr 20,2023 Secretary of State 4147164183CC Current Mailing Address: 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 US FE! Number:59-3482921 Name and Address of Gurrent Registered Agent: SONALIA, JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES, FL 34105 US The above named entity submits thls slalement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: JEFFREY S. SONALIA 0412012023 Electronic Signature of Registered Agent Officer/Director Detail : Title P Name GABLE, R. BLAKESLEE Address 2600 GOLDEN GATE PARKWAY City-State-Zip: NAPLES FL 34105 Title DIRECTOR Name SPROUL, KATHERINE G Address 2600 GOLDEN GATE PARKWAY City-State-Zip: NAPLES FL 34105 Title DIRECTOR Name VILLERE, LAMAR G Address 2600 GOLDEN GATE PARKWAY City-State-Zip: NAPLES FL 34105 trittlitaat!!arraaattllTitle VP Name GOGUEN, BRIAN Address 2600 GOLDEN GATE PARKWAY City-State-Zip: NAPLES FL 34105 It I hereby cedity that lhe inlomaton indi@led on this rpon or supplemental repof is lre and awnle and that my eteclronic signatur shalt have the same legal effect as it made under oath; lhat I dm an officer or director ot the corporation or the Bceiver or trslee empowerd lo execute this rpof as rquird by Chapter 607, Floida Statutes; and thal my name appears above, or on an aftachment wilh all other like empowered. SIGNATURE:BRIAN GOGUEN V 0412012023 Certificate of Status Desired: No Date Title Name Address City-State-Zip: Title Name Address City-State-Zip: Title Name Address City-State-Zip: V/S/T SONALIA, JEFFREY S 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 ctD COLLIER, BARRON III 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 DIRECTOR ALDEN, PHYLLIS G 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Electronic Signature of Signing Officer/Director Detail Date 16.A.1.b Packet Pg. 598 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2) GroMh Management Community Development Depaftment AUTHORIZATION FOR REPRESENTATION EARLY WORK PERMIT pRoJEcr NAME: Winchester Phase Il APPLICATION #: BCHD Partners l, LLC PL20230009406 Owner/Petitioner 2600 Golden Gate Parkway ress Naples, FI. 34105 p 239-262-2600 Telephone/Emai! Address t,Brian Goguen the undersigned owner/petitioner of the aforementioned herby authorize the following AgenUCompany to represent me for a Petition for Early Wo 9- t"- aoa3 Date VP of Creekside West, lnc. Printed Name Title Dan Waters, PE r property, rk Permit. as the Manager of BCHD Partners 1, LLCBrian Goguen Name/Title Peninsula Engineering Company 2600 Golden Gate Parkway Address Naples, FL. 34105 City/State/Zip 239-403-6830 Telephone/Email Address 06114t2023 Page 3 of 3 c,KfrY. cora*t*y --..<i.,*L - 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2400 16.A.1.b Packet Pg. 599 Attachment: Bond Basis (28075 : EWA Bond Release - Winchester Phase 2)