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Agenda 03/26/2024 Item #16A 3 (Vineyards Country Club - South Golf Course Renovation PL20220008091 $163,400)03/26/2024 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $163,400, which was posted as a guarantee for Excavation Permit Number PL20220008091 for work associated with the Vineyards Country Club - South Golf Course Renovation. OBJECTIVE: To release a 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 Exca vation Permit associated with the Vineyards Country Club - South Golf Course Renovation. The As-Built lake cross sections have been received, and the lakes were inspected on February 20, 2024, 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 $163,400. Development Review staff 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.3 Packet Pg. 612 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.3 Doc ID: 28103 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $163,400, which was posted as a guarantee for Excavation Permit Number PL20220008091 for work associated with the Vineyards Country Club - South Golf Course Renovation. Meeting Date: 03/26/2024 Prepared by: Title: Technician – Development Review Name: Lucia Martin 02/20/2024 1:27 PM Submitted by: Title: Environmental Specialist – Name: Jaime Cook 02/20/2024 1:27 PM Approved By: Review: Development Review Brett Rosenblum Other Reviewer Completed 02/21/2024 7:28 AM Operations & Regulatory Management Michael Stark Other Reviewer Completed 02/21/2024 5:47 PM Engineering & Natural Resources Jack McKenna Other Reviewer Completed 02/23/2024 9:12 AM Transportation Management Operations Support Evelyn Trimino Other Reviewer Completed 02/26/2024 9:03 AM Unknown Jaime Cook Division Director Completed 02/27/2024 9:48 AM Growth Management Community Development Department Diane Lynch GMD Approver Completed 03/04/2024 10:26 AM Growth Management Community Development Department James C French Growth Management Completed 03/12/2024 2:33 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/13/2024 2:16 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/13/2024 4:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/14/2024 8:41 AM Office of Management and Budget Laura Zautcke OMB Reviewer Completed 03/14/2024 3:28 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 03/15/2024 9:52 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/26/2024 9:00 AM 16.A.3 Packet Pg. 613 VINEYARDS COUNTRY CLUB - SOUTH GOLF COURSE RENOVATION LOCATION MAP 16.A.3.a Packet Pg. 614 Attachment: Location Map (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) EXCAVATION PERFORMANCE AGREEMENT \ THIS EXCAVATION PERFoRMANCE AGREEMENT entered into tnis I 1lth aay or J4 ta4y+-, 20./42 bet, een Vineyards Country Club. lnc. hereinafter refened to as"Developer,'t and the Board of county commissioners of colliar county, Florida, hereinafter refened to as the "Boerd'. 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.'tO (co ectively, 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 Excavatlon Regulations and Excavation permil No "Excavation Permit'). PL2O 091 (the NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafler sel forth, D€veloper and the Board do hereby covenant and agrse as follows: 'I Develop€r agrees lo 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 hereofl in the amount of 3163.400.00 ln the event of default by Developer or failure of Developer to complete the Excavation Work within the trme required by the Excavation Rogulations 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 th€ 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, lherewith specifying those conditions which Developer must fulfill in order to obtain the County Manage/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 I ? 4 A o 16.A.3.b Packet Pg. 615 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) a 7 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 Deve executed by their duly authorized representatives this SIGNED IN THE PRESENCE OF Sign t) Printed looer have caused this Aoreement to be i''1 o"v ot 50.,n ^.,-.i ,208- By Printed Name: 7fo\A^,\Ar_\6'*1...s Derek D. Perry Assistant County Attorney Vineyards Country Club, lnc. Paul Malonson, COO BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: Cook, Director Development Review Division as designee of the County Manager pursuant to Resolution No. 201 5- 162 ity flz- 16.A.3.b Packet Pg. 616 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) EXH!BIT II A" EYc*\t+flI{ Performance security 16.A.3.b Packet Pg. 617 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) /,/, Vineyards Country Club lnc. 400 Vineyards Blvd., Naples FL 34119 Phone 239-353-1 500 TO THE ORDER OF: Collier County GroMh Management 2800 North Horsehoe Dr. Naples, FL 34104 First Florida lntegrity Bank 3580 Pine Ridge Rd Naples FL 34109 Check No. 631 60 DATE AMOUNT 2t14t2023 $163,400.00 PAY: One Hundred Six$-Three Thousand Four Hundred Dollars and Zero Cents*****"**'*r**r**r**r 6 6 B! ;p a 3 STGNATURE 16.A.3.b Packet Pg. 618 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course EFl", b,f "rl n Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 34L04 -2400 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: 20231060495 2023-0 16 168 02/23/2023 $ 163,400.00 Payment Method Check Reference Number P12022000809 1 Amount Paid $163,400,00 Check Number 63 160 $163,400.00 $0.00 VINEYARDS COUNTRY CLUB INC 4OO VINEYARDS BLVDNAPLES , FL 34II9 Original Fee $ 163,400.00 Amount Paid $ 163,400 . 0 0 GL Account 13 1-000000 -220173 Alicia.Rojas 11788 monroig_i 16.A.3.b Packet Pg. 619 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) Exhibit B t,il Evidence of Signing Authority 16.A.3.b Packet Pg. 620 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation) M rreyar J. March 2, 2023 Collier County Development Review Division Attn: lvette Monroig 2800 North Horseshoe Dr. Naples, FL. 34104 RE: Letter of Authorizatlon To Whom it May Concern: Please accept this letter of authorization permltting Paul Malonson, Vineyards Country Club's General Manager/Coo to represent the interests of Vineyards Country Club lnc. and sign any required documents in connection with Permitting in Collier County. Sincerely, -\ t Michael Pro Chairman/Pres Vineyards Country Club Signature of Notary Print Name of Notary VTNEYARDS CouNrny Crus 4oo VtNnv,tnos Boutrvenp, Neprns, Frontol 34r r9 (239) 353-r5oo. Fex (z:g) 353-5808 ure r, 2 byoz3 d"\ MARLA A. COLLY #'snx't[:;ff'$i'; STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before methis 4 dayof jl trhne I Rn"nu t' / Personally Known y (OR) Produced tdentification_ (Type of tdentification_ -) 16.A.3.b Packet Pg. 621 Attachment: Bond Basis (28103 : Excavation Bond Release - Vineyards County Club - South Golf Course Renovation)