Agenda 09/26/2017 Item #16A3909/26/2017
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of $1,040
to Sloan Engineering Group which was posted as a development guaranty for an Early Work
Authorization (EWA) (PL20160002677) for work associated with Dollar General.
OBJECTIVE: To release a security which was posted as a development guaranty.
CONSIDERATIONS: The Growth Management Division 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 the Dollar General Site
Development Plan (SDP), (PL20150002661). On November 22, 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 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 Cash Bond in the amount of
$1,040 to Sloan Engineering Group. 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 Security (PDF)
16.A.39
Packet Pg. 1008
09/26/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.39
Doc ID: 3494
Item Summary: Recommendation to authorize the Clerk of Courts to release a Cash Bond in the
amount of $1,040 to Sloan Engineering Group which was posted as a development guaranty for an Early
Work Authorization (EWA) (PL20160002677) for work associated with Dollar General.
Meeting Date: 09/26/2017
Prepared by:
Title: Site Plans Reviewer, Senior – Growth Management Development Review
Name: John Houldsworth
07/14/2017 8:35 AM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
07/14/2017 8:35 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 07/14/2017 4:27 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 07/19/2017 7:31 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/03/2017 4:57 PM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/04/2017 10:43 AM
Growth Management Department John Houldsworth Level 2 Division Administrator Skipped 07/14/2017 8:34 AM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/08/2017 11:40 AM
Growth Management Department James French Additional Reviewer Completed 08/15/2017 10:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/15/2017 11:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2017 2:37 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 08/21/2017 11:34 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:24 PM
Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM
16.A.39
Packet Pg. 1009
,.1'\*.*
o-
X
HF-{
Z.
tffilL)lrd
..."... .1,... rrr
xoFIl-{uaJ
l-u
l&ll.log
o.16.A.39.aPacket Pg. 1010Attachment: Location Map (3494 : Release Bond Dollar General)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this (o+h day of
October, 20'16, between Palmetto Naples-Golden Gate Parkway, LLC, hereinafter referred lo 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 accorclance with
the Collier County Land Development Code including but not timited to Section 1O.O.l .02.B
(collectively, the "Early Work Regulations"); and
WHEREAS, the Early Work Regutations require Developer to post appropriate
performance guarantees to ensure compliance with the Early work Regulations and Early work
Authonzation Permit No i:'LLoit d)oZU1J (the "Early Work permit,).
NOW. THEREFORE, in constderation 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 herew
as Exhibit "A"
ith tenders its early work performance securily (attached hereto
and by reference made a part hereof) in the amount ofq
3 ln the event of default by Developer or failure of Developer to complete the Early
Work within the time required by the Early Work Regulations and Early Work
Permit, Collter County, may call upon the early work performance security to
insure satisfactory completion of the Early Work.
The Early Work shall not be considered complete until Developer notifies lhe
County that the Early Work is complete and the final Early Work is reviewed and
approved by the County Manager or designee for compliance with the Early
Work Regulations.
The County Manager or designee shall, withjn sixty (60) days of receipt of
notification by Developer in writing that the Early Work is complete, 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 specjfying
those conditions which Developer must fulfill in order to obtarn the County
Manager's approval of the Early Work.
In the event Developer shall fail or neglect to fulfill its obljgations under this
Agreement, upon certification of such failure, the County Manager or designee
may call upon the early performance security to secure satisfactory complelion,
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
Developer as principal under the early performance security, shall be liable to
pay and to indemnify the Board, upon completion of such construclion, the final
4
5
6
I
16.A.39.b
Packet Pg. 1011 Attachment: Performance Security (3494 : Release Bond Dollar General)
total cost to the Board thereof, including, but not limited 1o, 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 provisrons of this Agreement.
7. All of the terms, covenants and conditions herein contained are and shall be
binding upon Developer and the respective succes$ors and assigns of
Developer
lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this \p*h day of hClEhcf
20 lb
Signed. Scalccl and Dclivered in 'fhe prcsence ol:
{Silnatrrr.c ot'lu o \\ itnc:iscs rcqrrircd br Irlorida l.arr )
PAI"N'tl: l' t'O NAI'll.|.S-GOLDIiN CAl'[,
P:\l{KWAI'. l-l-C, a Horiila limited liabilitv
c0nrpall\'
I31': Palmetto ('apital (iroup. l.l.C
Its \4anagcr
W wffT\rlw l3r': lkrughton lramilv l:ntities. Ll-C
Prittt Nlnte: ([6fa nlag0htC'{P Its Manager
llv:
l\4ichael D. I{oughLon. Manager
s t,\ il. o[i l'l.ol{ll);\
("ot,N"t\' ol. l)ol_K
On this thc i'" tlar i.rl-Or;toher. 1016. betbre nre. the untlersigned. personally appeared
\{ichacl I). IkrLrghton u'llr acknor,vletlgcd hirnscll' to bc the iVlanager of l.{oughton Famill'
l:ntitics. I.l.('. a lrlorida lirnitcd liabilitl compan\,- rvhich enlit)' is the N'lanager ol'Palmctto
('apitll (inrr.rp. l-i.(". a (irorgia lirnitccl liabilitl conlpan!. u,hich cntit,\'is the lvlanager ol"
Palnrctto )Japlcs-(ioldcn (iate l)arkrvav. l.l.C. a I:lorida Iilnited liability'contpan]. and that he. as
such otllcer. heirrr-r arrthorizcrl to do so. erecuted the firrcgoin!.I instninrcnl ltlr thc pur;xrses
thcrcirt culrlainccl" trv signing thc nanrc o1'the cornpanl, b.r- himscll'as Managcr.
lN \\ I lNl;SS \\ ltl",ltl:Ol;. I hcrcunlo sct mv hand
Witncss
l)rirrtlaulc
/\{{ t,\\-
\\'irrrbsy'
fFFFEY A LAZTNBY
u? comrssts{, Fr 09?033
€tPlRES:&di 14,2018
!.dac nro Erdld fi&ry S!nt6
Notarl l'ublic
My ('ottutiissiott.""-WJ ICS:0t{-tS* t8
16.A.39.b
Packet Pg. 1012 Attachment: Performance Security (3494 : Release Bond Dollar General)
tx)Alil) ()r (otrNt Y ISSI0NERS
ATTEST
DWIGHT E BROCK CLERK
By
Deputy Clerk
to form and legality
Scott A. Stone
Assistant County Attorney
OIj C0t.t-lLR ()t;N-fY IDA
B)':
as dcsignce of'the untv l\'l anargcr
puriuiult to Rcsolutirxr N*.20 l5-l{:r2
16.A.39.b
Packet Pg. 1013 Attachment: Performance Security (3494 : Release Bond Dollar General)
t(
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:
2016358854
2016-065502
10/05/2076
$1,040.00
Pavment Method
Credit Card
$ 1,040.00
$0.00
MCBEE, KENDRA
Naples, FL
Beferenslllfumber
PL20 r,60002677
estradamaria
5730
AlmaSernaBrito
Amount Paid
$1,040.00
CheckSumber
8692341-C75574
47
Orioinal
Fee
$1,040.00
Amount
Paid
$1,040.00
9L Account
670-000000 -220LL3
Collier CountY
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
16.A.39.b
Packet Pg. 1014 Attachment: Performance Security (3494 : Release Bond Dollar General)