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Agenda 10/25/2016 Item #16A11 16.A.11 10/25/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$2,000 to the applicant, SWF Development Group, LLC which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150002901) for work associated with the BizPark, Site Development Plan(SDP). OBJECTIVE: To release a security which was posted as a development guaranty. CONSIDERATIONS: The Growth Management Department routinely accepts securities administratively as guaranties for early work improvements pursuant to Section 10.01.02 B of the Land Development Code (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 Work Authorization for BizPark (PL20150002901). On February 4, 2016, the SDP was approved by the Development Review Division. Once the SDP for this project is approved, the 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: 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 Cash Bond in the amount of $2,000 to SWF Development Group, LLC. 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. Cash Bond Receipt (PDF) Packet Pg.693 16.A.11 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$2,000 to the applicant, SWF Development Group, LLC which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150002901) for work associated with the BizPark, Site Development Plan(SDP). Meeting Date: 10/25/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 09/12/2016 10:35 AM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 09/12/2016 10:35 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/12/2016 2:51 PM Growth Management Department Matthew McLean Level 1 Add Division Reviewer Completed 09/19/2016 9:45 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/20/2016 1:58 PM Growth Management Department James French Level 2 Add Division Reviewer Completed 09/27/2016 2:07 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2016 4:06 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/27/2016 4:47 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/30/2016 8:24 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 1:24 PM County Manager's Office Tim Durham Level 4 County Manager Review Completed 10/13/2016 5:03 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg.694 16.A.11.a t ---- aim r► „ BONITA BEACH RD Bt NITA SPRINGS EXIT 1 1 6 0 4-2,,,.;:-,.', NAPLES NORTH NAPLE - ,s t :::. AREA IMMOK LEE ROAD ' , EXIT 1 1 1 .�, y VANDERBILT BEACH RD �'` > � SU :JECT\ __J. R ‘ 7‘,. (I1-:, z\'' - m !Li PROPERTY PINE RIDGE RD EXIT 107 m .. _.. ,..) (f) CD TO w w! GOLDEN'GAT F- F GOLDEN GATE PKWY' m GULF OF E, _ EXIT 101 MEXICO RADIA R©AD NAPLES _ AIRPORT , DAMS BLVD1 951 C.0 1 ice. r-...3 w 1 U CD Qr+ 1 Packet Pg. 695 16.A.11.b EARLY WORK PERFORMANCE AGREEMENT THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 20t day of January, 2016 betwxeenG\NF Development Group. 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 early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.03.B (collectively, the"Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate ;"tt- performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. EWA PL20150002901 (the"Early Work Permit"). NOW, THEF(EFORE, 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"A" and by reference made a part hereof) in the amount of$2,000. 3. In the event of default by Developer or failure of Developer to complete the Early 0.) Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon the early work performance security to insure satisfactory completion of the Early Work. a) 4. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the final Early Work is reviewed and oo approved by the County Manager or designee for compliance with the Early Work Regulations. 5. The County Manager or designee shall, within sixty f60\ days of receipt of notification by Developer in writing that the Early Work is comp\*te, 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. G. In the event Developer shall fail or neglect to fulfill its obligations under this ABneennent, upon certification of such failure, the County Manager or designee may call upon the early performance security to secure satisfactory oornp|etion, repair and maintenance of the Early 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 Early Work. The Dave!ope[, as principal under the early performance secUhh/. shall be liable to pay and to indemnify the BOard. upon completion of such coDstnU[tiOD, the final total cost to the Board thereof, including, but not limited to, engineering, legal and Packet Pg. 696 16.A.11.b 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 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 201 day of January, 2016. SIGNED IN THE PRESENCE OF: SWF Develo•m . ` roup, LLC Sig :\ ' 1 yr COdilitid-4( I a. hard Corace, Member Printed Name n ca 70 Sign ► m Printed Name 03 rn a U a) cc BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY LORIDA ATTEST: By: :kJ" L., as designee of the County Manager ca pursuant to Resolution No.2015-162 E DWIGHT E. BROCK, CLERK By: Deputy Clerk A.• = :d a- to form and legality: k �I Scott A. Stone Assistant County Attorney Packet Pg. 697 16.A.11.b Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2015292978 Transaction Number: 2015-073446 Date Paid: 12/30/2015 Amount Due: $2,000.00 Payment Details: Payment Method Amount Paid Check Number Check $2,000.00 10 Amount Paid: $2,000.00 ;-te Change / Overage: $0.00 Contact: SWF DEVELOPMENT GROUP LLC 13910 OLD COAST RD a. NAPLES , FL 34108 FEE DETAILS: Fee Description Reference Number Original Amount GL Account co Fee Paid Refundable Bonds PL20150002901 $2,000.00 $2,000.00 670-000000-220113 co cs) Cashier Name: LeaDerence a) Batch Number: 4968 Entered By: ValerieKullick C0 —C caC E *.<7i Packet Pg. 698