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Agenda 05/09/2017 Item #16A 705/09/2017 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $14,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160001205) for work associated with Isles of Collier Preserve Phase 9. _____________________________________________________________________________________ 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 Isles of Collier Preserve Phase 9 PPL, (PL20160001197). On December 13, 2016, the construction plans and plat were approved by the Board of County Commissioners. Once the construction plans and plat for this project are 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 action. 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. - SAS RECOMMENDATION: To authorize the Clerk of Courts to release the Performance Bond in the amount of $14,000. Development Review 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 ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement and Bond (PDF) 16.A.7 Packet Pg. 529 05/09/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 2981 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $14,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160001205) for work associated with Isles of Collier Preserve Phase 9. Meeting Date: 05/09/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 03/29/2017 2:58 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/29/2017 2:58 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/29/2017 4:00 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 03/30/2017 2:55 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 04/06/2017 8:26 AM Growth Management Department Matthew McLean Additional Reviewer Completed 04/07/2017 11:00 AM Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 03/29/2017 2:57 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 04/07/2017 4:05 PM Growth Management Department James French Additional Reviewer Completed 04/09/2017 12:27 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/12/2017 3:28 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/18/2017 5:02 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/27/2017 1:53 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:02 AM Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM 16.A.7 Packet Pg. 530 16.A.7.a Packet Pg. 531 Attachment: Location Map (2981 : Bond release Isles of Collier 9 EWA) EARLY WORK PERFORMANCE AGREEMENT THI$ EARLY WCIRK PERFORMANCE AGREEMENT entered into thas 3.] o"y ot*tlovq,.-.b*r , 20L0, betureen Minto Cq"mmqfrj$qs. Lt-rS hereinafier refened ta as "Oe,refiper," and the Board of Cannty Corrt*tissioners af Collier Caunty, Fbrlda, hereinder rdened to as the "Boarf. WHEREAS, Developer has applied for an early wort authorization in accordance with the Colliar County Land Oevelopment eode including but not limited to Seclion 10.01.02.8 (collectively, the .Early Work Regulations"); and WHEREAS, the Early Wotk Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Author*zatiex Perarlt No. PL20160001205 {the'Ea*y Work Permiti}. NOW, THfiREFORE, in consideration sf the f*rego{ng prcmises and rlutual covenants hereinafier set forth. Dev&per and the Board do hereby co,uenant and agree as folhws: Dewbper ryrces to comp*y with the Ecrty Wert Regul*$o,ns and the Early Work Permit (the "Early Work"). Developer herewith tenders its early work performance security (attached hereto as Exhiblt "A" and by reference made a part hereof) in the arnount of S14.0S0.00. ln tha event of default by Daveloper or failure of Developer to ccmplete the Early Work within the time required by the Early Work Regulations and Early Work Permit, Collier County, may call upon th* early rrork performance security to insure sdtsfaciory cornffiion of tfle Early Wort. 4.The Early Work shall not be mflsidered compbte until Developer notifre* the County that the Early Work is cornpete and the ftnal Early Work is revienrved and approved by the County Manager or de*ignee for c*mpliance with the Early Work Regulations. The County Manager or designee shall, within sixty (S0) days of receipt of notification by Developer in writing that the Early Work is complete. either: a) notify Oeveloper in writing sf his approval of the Early Work; or b) natify Oeveloper in writing of his refusal to approve the Early Work, therewith specifying those conditions whhh Developo mu$ fulfill in order lo ob{ain the Courdy Managels appwal of the Early Work. ln the ewnt Dewloper sha{ fail or neglec* to fulfill its ot{igatbns under ihis Agreernent, upen certi$catbn of such failure, the County Manager or de*lgnee may call upon the early perfbrman* secrurity to secure satisfactory completion, repair and maintenance of the Early Work. The Board shall have the right to conetruc* and maintain, or eause to be qonetructed or mainlained, pursuant to public advertisement and receipt and acceptance of bids, the Early Work. The Oeveloper, as principal under the early pedarmance oecur*y, shall be liable to pay and to indemnify the Board, upon completion of such construction, the finaltotal co*t to the Bqard thereof, including, but nst limited to, engineering, legal and 1 2. 3. 5. 6 16.A.7.b Packet Pg. 532 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA) cantinger* ffits, toge{fierwith any dsmages, either direct or cons€qusntial, which the Board may *u$ain on account of the failure of Developer to fulfill all of the provis*nns d this Agrcement. 7. ANI of the termg, mlenants and mnditions herein conteinod ara and shall be t*nding upo*t Doreloper and the rcsp€ctive su@ssors and ase(;ns d Deyeloper. lN WITNESS k1/!-IEREOF, the Board and Developer have caused this Aoreement to be exeeuted by their duly authorized representatives this ,-' .1 ,- ) day of No,J^.,b. . ,2o-Jlo-*. SIGNED IN THE PRESENCE OF:Minlo Communities, LLC l-|$|{'il-lrrWL(- Printed Narne William L, Bullock, Vice President (Provide Proper Evidence of Authority) BOARD OF COLNTY COMMISSIONERS OF COI-LIIIR ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk and legality: Sstt A" Sto*e Assistant ComryAtorney FLORIDA /-* as dcsignee of the Courny Manager pursrant to Resohrtion No. 2015-162 ti'/// 16.A.7.b Packet Pg. 533 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA) lXilrOrr ,4 Bond No. 80130966 PERTORMANCE BOND FOR EARLY WORK AUTHORIZATIONS KNOW ALL PERSONS BY THESE PRESENTS: that Minto Communities, LLC 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 (hereinafter referred to as "Owne/') and The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, Ml 48076 (?38)281-0281 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Foqrteen Thouaand and 001100 Dollars ($14.000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain Early Work Authorization Permit No, PL20,150001205 and that certain Early Work Authorization shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the completion of the work and approval by the County of the specific improvements described in the Land Development Regulations, or until issuance of a subsequent final development order such as an Site Development Plan (SDP) or Subdivision Plat and Plans (PPL) (hereinafter the "Guaranty Period")or until replaced by a new bond in the event of a change in Ownership. NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all cosls and damages which it may sutfer by reason of Owner's failure to do so, and shall reimburse and repay the County alloutlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration. addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formaland separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations.The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or otherdocuments shall include any alteration, addition or modification of any characterLhatsoever, lN WITNESS WHEREOF, the pa(ies hereto have caused this PERFORMANCE BOND to beexecuted this 31sr day of Auqust, 2016. 16.A.7.b Packet Pg. 534 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA) WITNESSES Minto Communities, LLC it*tr,4*, t.*"; Pri nted rual"oi't hat"'i*ry Printed name {46a ltb,n eA SH,'^ir?t*##&A AS ksds# Printed Name/Title (Frovide Proper Evidence of Authority) ACKNOWLEDGEMENT OR NGP RFORMANCE BOND WAS ACK EFORE ETH BY (NAME OF ACKNOWLEDGER) or {NAME 0r co MPANY) Minto Communities. LLC IS PERSONAL TO OR HAS PRODUCED AS IDENTIFICATION Notary Publrc - State of a.r/lL-tJ(, r WITNESSES:The Guarantee Company of North America USA TLE Llulos OF (SEAL) P *fr-, d^''*.tt*4prilieo r$rne-7.,A., Jacquel n Printed Narne, Matthew baz ACKNOWLEDGMENT STATE OF Florida COUNTY OF M.!€mLQadq THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME TH|S 1l:: DAy OF S$r 2019' BY @ AS Attorney in Faqt oF The Guara.nte-e ei--mpanv of@ wHo ts pERSoNALLy (m\,ffi:U ME, OR HAS pROmiG-TE IDENTIFICATION Notary Public - State of Ftorida Printed Na I l-[rl\-1):hi{),1 cl?pdette Algxan*I Hunt, Attofl"lEy-in;F{q . ,.r.. (Provide Proper €vidence of Authorityi '," ' .-:r*a ' |,{Y 6m&$cN ' rrg4rs EXPIRES: FeUuary lX 202t hdsd fixu tt{ett fuilk t,tldsrtifi r i*Not ry pubtE Stib c, Flo.ire Camile M Cruz M, Comrrhtsio.r FF 042SE6 E,qr/l}e 08OSA0I7 i 1s-ros.o1664/1153600/11 M Cruz (sEAL) 16.A.7.b Packet Pg. 535 Attachment: Performance Agreement and Bond (2981 : Bond release Isles of Collier 9 EWA)