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Agenda 10/24/2017 Item #16A 510/24/2017 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Security in the amount of $92,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160000891) for work associated with Esplanade Golf and Country Club of Naples Dilillo Parcel. OBJECTIVE: To release a security that 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 Esplanade Golf and Country Club of Naples Dilillo Parcel PPL, (PL2016000536). On September 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 $92,500. 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. Performance Security (PDF) 2. Location Map (PDF) 16.A.5 Packet Pg. 391 10/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.5 Doc ID: 3785 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Security in the amount of $92,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160000891) for work associated with Esplanade Golf and Country Club of Naples Dilillo Parcel. Meeting Date: 10/24/2017 Prepared by: Title: Site Plans Reviewer, Senior – Growth Management Development Review Name: John Houldsworth 09/21/2017 11:03 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 09/21/2017 11:03 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 09/25/2017 12:07 PM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 09/26/2017 12:40 PM Growth Management Development Review Chris Scott Additional Reviewer Completed 09/26/2017 12:55 PM Growth Management Department Matthew McLean Additional Reviewer Completed 09/27/2017 7:52 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/27/2017 8:29 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 09/27/2017 2:17 PM Growth Management Department James French Deputy Department Head Review Completed 09/28/2017 5:44 PM County Attorney's Office Scott Teach Level 3 County Attorney's Office Review Completed 09/29/2017 3:23 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/06/2017 8:47 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/12/2017 10:40 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/15/2017 12:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/24/2017 9:00 AM 16.A.5 Packet Pg. 392 EARLY WORK PERFORMANCE AGREEMENT . --{ THIS EARLY WORK PERFORMANCE AGREEMENT entered into th .,.!ttt1-s--"' , 2016, between Taylor Morrison Esplanade Naples, LLC to as "Developer," and the Board of county commissioners of collier county, referred to as the "Board". is t*4 t-?day of hereinafter refened Florida, hereinafter WHEREAS, Developer has applied for an early work authorization in accordance with the Collier County Land Development Code including but not limited to Section 10.01.02.8 (collectively, the "Early Work Regulations"); and WHEREAS, the Early Work Regulations require Developer to post appropriate performance guarantees to ensure compliance with the Early Work Regulations and Early Work Authorization Permit No. PL20160000891 (the "Early Work Permit"). 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: 1. Developer agrees to comply with the Early Work Regulations and the Early Work Permit (the "Early Work"), Developer herewith tenders its early work performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of 940,000.00. 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, Collier 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 the County that the Early Work is complete and the final Early Wort is reviewed and approved by the County Manager or designee for compliance with the Early Work Regulations. The county Manager or designee shall, within 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 lhe 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. ln 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 early performance security to secure satisfactory completion, 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 construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and 2 3 5 6 4. 16.A.5.a Packet Pg. 393 Attachment: Performance Security (3785 : Return Bond Dilillo EWA) 7 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. All of the terms, covenants and conditions herein contained are and shall be binding upon Developer and the respective successors and assigns of Developer. ]N WTNESS WHEREOF,the Board and Developer have representatives this ,' ' I this Aoreement to be t,.' t L vL -l--- '- eaused day ofexecuted by their duly authorized 20_LY_. SIGNED IN THE PRESENCE OF Taylor Morrison By: 11 I Printed Name (*tdau b,ju,u&x& LLC Sign Printed Name Crru.og t{Ewruaeg ATTEST: DWIGHT E BROCK, CLERK Deputy Clerk to and legality: Scott A. Stone Assistant County Attorney Printed Name/Title: David Truxton, Authorized Agent BOARD OF COUT.ITY COMMISSIONERS OT COLLTTR By: 6 of pursuant to Resolution No. 201 5-162 p{,u1 ,* 4t I 16.A.5.a Packet Pg. 394 Attachment: Performance Security (3785 : Return Bond Dilillo EWA) €lrt tf\ ff ,fl Bond No.: SU1139462 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: rhat Tflvler Mogison Esolanade NaotSF. LLC (NAME OF OWNER) 551 North Cattlen?en Road. Suite 200 (ADDRESS OF OWNER) Sarasota- Florida (ADDRESS OF OWNER) (hereinafter referred to as "Owner")and Lexon lnsurance (NAME OF SURETY) 1289,0 Lebanon Road ."_". . (ADDRESS OF SURETY) Mt. Juliet. TN 371 (ADDRESS OF SURETY) (615) 5s3-9s00 (TELEPHONE NUMBER OF SURETY) (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter refened to as "County") in the total aggregate sum of Ninety.Two Thousand Five Hundred and 00/100 Dollars ($92,500.00) in lawful rnoney 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, aJtne context requires. THE CONDITION or THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain Early Work Authorization Esplanade Golf and Country Club of Naples -Dilillo Parcel Permit No. PL20160000s91 and that certain Early Work Authoiization 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 issuanie of a subsequent final development order such as a $ite Development Plan (SDP) or Subdivision plat and Plans (PPL) (hereinafter the "Guaranty Period") or.urltil repiaced bv a ne),rr_bond rn the event qf achange in OwnglghiQ. NOW, THEREFORE, if the Owner shall wetl, truly and faithfully perform its obtigations 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 costs and damages which it may suffer by reason of Ownefs failure to do so, and shall reimburse and repay the County all outlay 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. 16.A.5.a Packet Pg. 395 Attachment: Performance Security (3785 : Return Bond Dilillo EWA) Bond No.: 5U1139462 PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extensisn 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 formal and separate amendments herelo, 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 other documents shall include any alteration, addrtion or modification of any character whatsoever. lN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 7th day of June, 20'16. (Owner lrlame and Title if Corporation) WITNESSES:Taylor nade Naples, LLC By Printed Name: CacrPf l{rlwoet Printed Na Tony Squitieri, Vice President By (Provide Proper Evidence of Authority) Printed Name ACKNOWLEDGEMENT AK THE FOREGOING PERFORMANCE BOND WAS ACKNOWLEDGED BEFORE ME THIS DAY OF JUNE, 2016, BY Tony Squitieri AS Vice President OF Taylor Morrison Esplanade Naples, LLC, , OR HAS PRODUCED IDENTIFICATION. Notary Public - State of Florida (sEAL)cAilDloEtv@urcmH ttY ofisrls$sl t FF 175S!4 [XPIRE6: Noemhr'13, 2018 gsld* nn 0lqd llohry $.nictr Printed Name (6*gce AS ffi hdo&tffi,*- i i I STATE OF FLORIDA COUNTY OFLq-& 16.A.5.a Packet Pg. 396 Attachment: Performance Security (3785 : Return Bond Dilillo EWA) 16.A.5.b Packet Pg. 397 Attachment: Location Map (3785 : Return Bond