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Agenda 12/13/2016 Item #16A 6 16A.6 12/13/2016 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $72,708.79 to Habitat for Humanity of Collier County, Inc., which was posted as a guaranty for Excavation Permit Number PL20140002259,for work associated with Legacy Lakes. 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 Legacy Lakes, PL20140002259. 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 Performance Bond No. SLC501168 in the amount of$72,708.79 to Habitat for Humanity of Collier County, Inc. 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) Packet Pg.`-487 16.A.6 12/13/2016 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $72,708.79 to Habitat for Humanity of Collier County, Inc., which was posted as a guaranty for Excavation Permit Number PL20140002259, for work associated with Legacy Lakes. Meeting Date: 12/13/2016 Prepared by: Title: Site Plans Reviewer, Senior—Growth Management Development Review Name: John Houldsworth 10/18/2016 2:51 PM Submitted by: Title: Project Manager,Principal—Growth Management Department Name: Matthew McLean 10/18/2016 2:51 PM Approved By: Review: ^• Growth Management Department Judy Puig Level 1 Division Reviewer Completed 10/19/2016 1:11 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/25/2016 4:14 PM Growth Management Department James French Additional Reviewer Completed 10/27/2016 11:03 AM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 11/02/2016 8:40 AM County Attorneys Office Scott Stone Level 2 Attorney Review Completed 11/17/2016 2:07 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2016 2:29 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/17/2016 4:59 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/18/2016 3:11 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/28/2016 9:33 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM Packet Pg.488 HERITAGE 'BAY d 1s.A.s.a �) z w...,-_-___2f. ■.__-E \ \ . 1 --- NAPLES-IMMOKALEE ROAD (b.R__846) y---= 1:1-11— BENT CREEK II 8 EBBLEBROOK ____________I PRESERVE - I , 0 LAMORADA LAKES , — I TUSCANY I 70 c r___ rIcsi COVE .I --I IU 1—.....---\ i zI cn w i O l 2 5 \ cu---- 1\[ C;RYST L ------ LAKE JECT AF2EPJ1,�l�; 1H111lr _'__ �.� .��c.;ATION 9 �-- -ROAD 1___---- - 1 y BRITTANY BAY �nJARPJI SF'RIhIC�E> FUD I II '� APARTMENTS + co BRISTOL TREE FARM ROAD eqN r------- I —rte- -- � SUMMIT ,-- _ __ In I o PLACE cs:EL as 0 I WOLFE RCA I? \/ANC.''Ef Eall_T i �� C;OUNTRY CLUB \ ...1 7).4 cc 3 6 1.11 GOLDEN POND 0 t 1 BUCKS RUN _________ - L ________________ ______--------a. i PROJECT LOCAT ON Packet:Pg.489 - 16.A.6.b EXCAVATION PERFORMANCE AGREEMENT THIS EXCAVATION PERFORMANCE AGREEMENT hereinafter "Agreement," is entered into this :ic..-14aay of October, 2015 between Habitat for Humanity of Collier County, Inc., a Florida not-for-profit corporation, 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 22-106, 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 stating applicant will if) comply with the Excavation Regulations and Excavation Permit No. 20140002259 (the"Excavation Permit"). ra (.) NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants CU hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: cn 1. Developer agrees to comply with the Excavation Regulations and the Excavation C6 Permit (the"Excavation Work"). 2_ Developer herewith_tenders its excavation perforrnance_security__(attached hereto___ Ds as Exhibit"A" and by reference made a part hereof) in the amount of$72,708.79. C•4 3. In the event of default by Developer or failure of Developer to complete the C%1 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. cn 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 is reviewed and approved by the County Manager or designee for compliance with the Excavation Regulations. 16- 0- 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, either. a) notify Developer in writing of his approval of the Excavation Work; or b) notify (.) co 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 maintained, pursuant to public advertisement and receipt and acceptance of bids, the Excavation Work. The Developer, as principal under the excavation Packet Pg. 490 16.A.6b r-. 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 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 &r> `elay of October, 2015. SIGNED IN THE PRESENCE OF: W Habitat for Humanity of Collier County, Inc. a a Florida not-for-profit corporation J SignatureX/ BY: -�,� co ,,z27,./ ado o Eatci'- Nicholas J. K&loheras to Executive Vice President co Printed Name t 0 Signature N CNi 1161 Cfmi .17 Printed Name a> ATTEST: cn a) BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK o By: - . By. Deputy Clerk �, 1, ►. i Lr ,t' .� as designee of the County Manager pursuant to Resolution No. 2015-162co Appnoved-as-t, *'_gality: 1 Scott A. tone Assistant County Attorney Packet Pg.491 <-?" 16.A.6.b The Nor(,her°tr frust€nmprury 000 111 Avenue,Suite 2400 Murrill,Florida 33131 (305)372-1000 41 Northern Trust IRREVOCABLE STANDBY LETTER OF CREDIT NO. SLC501168 ISSUER: THE NORTHERN TRUST COMPANY, 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131 ATTENTION: LETTERS OF CREDIT DEPARTMENT (HEREINAFTER ISSUER") 0 PLACE AND DATE OF ISSUE: 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131 ;w DATE: 11/19/2015 x w PLACE OF EXPIRY: AT ISSUER'S COUNTERS LOCATED AT 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131 DATE OF EXPIRY: THIS CREDIT SHALL BE VALID UNTIL OCTOBER 26, 2016, AND SHALL THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS CD ON THE ANNIVERSARY OF ITS 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 SO RENEW THIS CREDIT. APPLICANT: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. (HEREINAFTER o 'APPLICANT") 11145 TAMIAMI TRAIL EAST-, NAPLES,-FL-34113. m BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA N (HEREINAFTER "BENEFICIARY") C/O GROWTH MANAGEMENT DEPARTMENT, 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104. AMOUNT: $72,708.79 (SEVENTY TWO THOUSAND SEVEN HUNDRED EIGHT AND 79/100 U.S DOLLARS) (U.S.) UP TO AN AGGREGATE THEREOF. cn CREDIT AVAILABLE WITH: ISSUER. BY: PAYMENT AGAINST DOCUMENTS DETAILED HEREIN AND BENEFICIARY'S DRAFTS AT SIGHT DRAWN ON THE ISSUER. tz DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER OR DESIGNEE, CERTIFYING THAT: "HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE EXCAVATION IMPROVEMENTS ASSOCIATED WITH EXCAVATION PERMIT NO. PL20140002259, (PLAT OF LEGACY LAKES) OR PRIOR TO DATE OF EXPIRY FINAL APPROVAL OF THE EXCAVATION HAS NOT BEEN GRANTED BY COLLIER COUNTY AS REQUIRED BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS, AND THE APPLICANT FAILED TO PROVIDE THE COUNTY WITH SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY." PAGE 1/2 NT.AC:3NS-20 Packet Pg 492 The Northern F'n=s1(im inn}° Moinher FDIC_Equal Houttng bender 16.A.6.b The N>r(item Trte4 Company 600 Biickelt Avenue,Suite 2400 Mi.uni,Florida 33131 .-. (305)372-1000 toNorthern Trust PAGE 2/2 REFERENCE SLC501168 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NORTHERN TRUST COMPANY LETTER OF CREDIT NO. SLC501168 DATED 11/19/2015. THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST o BE PRESENTED FOR PROPER ENDORSEMENT. DRAFT(S) MAY BE PRESENTED WITHIN 4/73 THE STATE OF FLORIDA AT THE FOLLOWING ADDRESS: > 600 BRICKELL AVENUE, SUITE 2400, MIAMI, FL 33131." THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, J AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT cts RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE J HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. a) ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN 12. COMPLIANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED BY ISSUER c IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT. °,-- THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION) INTERNATIONAL CHAMBER OF COMMERCE N PUBLICATION NO. 600. SINCERELY, co d THE NOS'HERN TRUST COMPANY tip f1 a LUIS MO D—VICE PRESIDENT U f4 Q NTAC:3NS-2!) Packet Pg. 493 Y I Northern Tne Comp.-tar, 'alem r FDKC.Lquat Horsing t.c:"cie.K