Agenda 09/13/2016 R Item #16A12 16.A.12
09/13/2016
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$54,902 to Lennar Homes, LLC., which was posted as a guaranty for Excavation Permit Number
PL20140002750 for work associated with Montiano at Treviso Bay.
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 Montiano at Treviso Bay, PL20140002750. The As-Built lake cross
sections have been received and the lakes have been inspected by the Development Review Division.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. -SAS
RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the
amount of$54,920 to Lennar Homes, LLC. 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: John Houldsworth, Senior Site Plans Reviewer, Development Review Division, Growth
Management Department
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Security (PDF)
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16.A.12
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of$54,902 to Lennar Homes, LLC.,which was posted as a guaranty for Excavation Permit
Number PL20140002750 for work associated with Montiano at Treviso Bay.
Meeting Date: 09/13/2016
Prepared by:
Title: Site Plans Reviewer, Senior—Growth Management Development Review
Name: John Houldsworth
07/19/2016 11:06 AM
Submitted by:
Title: Project Manager, Principal—Growth Management Department
Name: Matthew McLean
07/19/2016 11:06 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/20/2016 9:26 AM
Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 07/22/2016 2:43 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 08/03/2016 3:51 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 08/03/2016 6:07 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/15/2016 3:22 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2016 4:07 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/15/2016 4:52 PM
Budget and Management Office Mark Isackson Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 10:55 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2016 9:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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16.A.12.b
MEMORANDUM
Date: September 9, 2015
To: John Houldsworth, Senior Engineer
Engineering Services Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Excavation Performance Agreement & Performance Bond - °m
Montiano o
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Attached for your records is a copy of the agreement referenced above, w
(Item #16F1-B) adopted by the Board of County Commissioners September 8, co
2015.
If you need anything further, please feel free to contact me at 252-8411.
Thank you.
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Attachment
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16.A.12.b
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this / 3 day of
/L4, 0- ,20 I r betweenlenn&.r lJ . s uchereinafter 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 statin applicant will
comply with the Excavation Regulations and Excavation Permit No. PL201g0002750 (the
"Excavation Permit").
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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: o
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1. 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 n
as Exhibit "A" and by reference made a part hereof) in the amount of $
54,920.00.
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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 U)
Excavation Permit, Collier County, may call upon the excavation performance °;
security to insure satisfactory completion of the Excavation Work.
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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 d
is reviewed and approved by the County Manager or designee for compliance
with the Excavation Regulations.
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5. The County Manager or designee shall, within sixty (60) days of receipt of
notification by Developer in writing that the Excavation Work is complete, eitherQ
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.
6. In 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
Packet Pg. 546
1 6.A.1 2.b
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 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 condition herein contained are and shall be
binding upon Developer and the resp ive successors and assigns of
Developer.
IN WITNESS WHEREOF, the Board and Develope ave cased this Agreement to be
executed by their duly authorized representatives this 13n— ay of , c, s r ,20 i S. al
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SJGNE iiE PRESENCE OF: -o
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ATTEST: 0
BOARD OF COUNTY COMMISSIONERS cn
DWIGkiT E.`B CK, CLERK N
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•' . :kr.� r form and legality: s
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ssistant County Attorney e,ruao. , Pit v_lv5-4- c)..5, iS
Approved in absentia per Resolution No. 2000-149
on Augu 25, 20
BY: 0 f 0.14
Leo E. Ochs, ., re ty Manager
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FIDELITY GUARANTY AND ACCEPTANCE CORP . 16.A.12.b
700 NW 107 AVENUE — SUITE 240
MIAMI , FLORIDA 33172
PHONE ( 305 ) 553-8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-15181
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP.(HEREINAFTER"ISSUER")
700 NW 1071 11 AVENUE,SUITE E 240
MIAMI,FLORIDA 33172
PHONE(305)553-8724
DATE OF ISSUE: AUGUST 5.2(115
PLACE OF EXPIRY: A ISSUER'S COUNTERS LOCATED AT 700 NW 107 AVE,SUITE 240
MIAMI.FLORIDA 33172
DATE OF EXPIRY: TI IES CREDIT SHALL BE VALID UNTIL.AUGE!ST 5,2016, AND SHALL THEREAFTER BE
AUTOMATICALLY RENEWED FOR SIECCESSIVE ONE-YEAR PERIODS ON THE
ANNIVERSARY OF TI-IE ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY
SUCH ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING
BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO RENEW THIS CREDIT.
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APPLICANT: LENNAR HOMES.LLC.(HEREINAFTER"DEVELOPER") 2
10481 SIX MILE CYPRESS PARKWAY V
FORT MYERS, FLORIDA 33966
CO
BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS.COLLIER COUNTY,FLORIDA
(HEREINAFTER"BENEFICIARY") ,,
C/O GROWTH MANAGEMENT DEPARTMENT
2800 NORTH HORSESHOE DRIVE ca
NAPLES,FL 34104
AMOUNT: UP TO AN AGGREGATE AMOUNT OF $54,920.00 (FIFTY FOUR 'THOUSAND NINE °o
HUNDRED TWENTY AND 00/100 US DOLLARS) c
RE: TREVISO BAY--MONTIANO >
(LAKE EXCAVATION)
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CRFDI"E AVA[I.,ABL.F. co
WITH: ISSUER
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BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS
AT SIGHT DRAWN ON THE ISSUER.
DOCUMENTS REQUIRED, AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND o
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PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY
MANUALLY SIGNED AND DATED BY 'HIE COUNTY MANAGER. OR IRS DESIGNEE.,CERTIFYING
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A. (I) "DEVELOPER HAS FAILED 10 CONSTRUCT AND/OR MAIN"1AIN THE, EXCAVATION IMPROVEMENTS
ASSOCIATED WITH EXCAVATION PERMIT NO. P1.20Ik002750, OR PRIOR TO EIIE DATE OF EXPIRY FINAL cvo
APPROVAL OF THE EXCAVATION HAS NOT BEEN GRANTED BY COLLIER COUNTY AS REQUIRED BY
COLLIER COUNTY ORDINANCES AND RESOLUTIONS. AND TTHE APPLICANT FAILED TO PROVIDE THE
COUNTY WITH A SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY: (II) DEVELOPER HAS HIEN
GIVEN WRITTEN NOTICE DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT N REASONABLE
1)1 FAIL. BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED: AND (III) THE DEEAUL HAS NOT BEEN
CURED WITHIN THE CI IRE PERIOD PROVIDED FOR THEREIN, IF ANY:"
OR
13. "IT IS LESS TI-IAN 15 DAYS PRIOR TO TILE DATE OF EXPIRY. 'IIF APPLICANT HAS FAILED TO COMPLETE
THE REQUIRED FINAL, ACCEPTANCE PROCEDURES AS REQUIRED BY TILE COLLIER COUNTY UTILITY
STANDARDS AND PROCFDURES ORDINANCE, AND THE APPLICANT I IAS FAILED TO PROVIDE THE
COUNTY WITH SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY AS REQUIRED 13Y THAT
ORDINANCE."
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Packet Pg. 548
FIDELITY GUARANTY AND ACCEPTANCE CORP . 16.A.12.b
700 NW 107 AVENUE. — SUITE 240
MIAMI , FLORIDA 33172
PHONE (305) 553 -8724 � .
IIIIS IS AN IN TEGRAL PARI OF I,E"ITER OF CREDIT.NO.FOAL-15 181 PAGE 2
DRAFT'S) DRAWN UNDER TTTIS LETTER OF CREDIT SHALL BE MARKED: "DRAWN UNDER FIDEI,I1'Y
GUARANTY AND ACCEPTANCE CORP. CREDIT NO. FGAC-15181. DM ED AUGUST 5, 201 " AND MUST BE
ACCOMPANIED BY THIS ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS. IF ANY. FOR
PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL. TETE TERMS OF THE ISSUERS 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 WHICI I 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 DRAFT(S) DRAWN UNDER AND IN COMPLIANCE W I TR
THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER IF PRESENTED WITHIN �°
THE VALIDITY OF THIS CREDIT TOGETHER WITH THE DOCUMEN FS REQUIRED HEREIN AT TT IE PLACE OF 0
EXPIRY PRIOR TO 400 P.M. EST.ON OR PRIOR TO T'HE DACE OF EXPIRY.
TH1S CREDIT IS SUBJECT TO THE. UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007
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REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600. CO
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FIDELITY GUARANTY AND ACCEPTANCE CORP.
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.IACQU, F. .'OUZ VICE PRESIDENT ' coil"
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