Agenda 10/13/2015 Item #16A11n,
10/13/2015 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve a Release Agreement with Orchid Cove at Port of the Islands
Condominium Association, Inc. relative to sidewalk improvements associated with Orchid Cove
Site Development Plan (Application Number AR -8636) to release the Site Development Plan cash
performance bond in the amount of $20,887.68 to the Association.
OBJECTIVE: To have the Board of County Commissioners (Board) approve a Release
Agreement with the Orchid Cove at Port of the Islands Condominium Association, Inc. in regard
to a Site Development Plan (SDP) performance security for a project located in Section 4,
Township 52 South, Range 28 East, Collier County, Florida, so that the Association can
complete required sidewalk improvements.
CONSIDERATIONS: On December 20, 2005, The Development Review Division of the
Growth Management Department approved the Site Development Plan for Orchid Cove (AR-
8636). On January 10, 2008, the original developer, Bayview Villas, LLC, posted. a cash bond in
the amount of $20,887.60 with the County as a performance security to ensure the installation of
sidewalks within the common areas, in accordance with Land Development Code (LDC) Section
10.02.03 D.5.b. The developer is now a dissolved company, and failed to complete the required
sidewalk improvements in accordance with the Land Development Code. As such, the County
may call on the bond to ensure satisfactory completion of the sidewalk improvements. However,
the Orchid Cove at Port of the Islands Condominium Association has requested that the County
release the cash bond to them so that they can install the remaining required sidewalks.
The attached Release Agreement is necessary because the money will be released to the
Condominium Association, not the developer that originally posted the bond. An authorized
representative of the now - dissolved developer has acknowledged that the developer has no
objection to the County releasing the money to the Condominium Association in order to
complete the required sidewalk improvements. As part of the Agreement, the Association has
agreed to release the County of all liability and responsibility relating to the sidewalk
improvements. Moreover, the Association agrees that it will use the cash bond money solely for
the purpose of completing the required sidewalk improvements. Upon completion of the
sidewalk improvements, the County will conduct a final inspection.
FISCAL IMPACT: There is no fiscal impact to the County, the performance bond funds are
currently held in a Refundable Deposits account with the Clerk of Courts.
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: That the Board of County Commissioners enters into a Release
Agreement with the Orchid Cove at Port of the Islands Condominium Association and authorizes
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the Clerk to release the performance bond for site development plan improvements and to issue a
check to the Orchid Cove at Port of the Islands Condominium Association, Inc. in the amount of
$20,887.68.
1. Authorize the Chairman, to execute the Release Agreement.
2. Authorize the Clerk of Courts to issue a check in the amount of $20,887.60 to the Orchid Cove
at Port of the Islands Condominium Association, Inc.
Prepared by: John Houldsworth, Senior Site Plans Reviewer, Development Review Division,
Growth Management Department
Attachments: 1) Location Map 2) Release 3) Cash Bond Receipt
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10/13/2015 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Release Agreement with Orchid Cove at Port of the Islands
Condominium Association, Inc. relative to sidewalk improvements associated with Orchid Cove
Site Development Plan, (Application Number AR -8636) to release the Site Development Plan
cash performance bond in the amount of $20,887.68 to the Association.
Meeting Date: 10/13/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
7/16/2015 8:17:53 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:15:50 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/24/2015 8:16:13 AM
Name: McKennaJack
Title: Manager - Engineering Review Services, Growth Management Department
Date: 8/5/2015 3:24:34 PM
Name: WilkisonDavid
Date: 8/5/2015 4:29:29 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 8/18/2015 6:58:18 PM
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10/13/2015 16.A.11.
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 9/18/2015 1:21:13 PM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 9/21/2015 8:47:46 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/23/2015 11:40:50 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/28/2015 11:02:42 AM
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10/13/2015 16.A.11.
RELEA_',P_-,F- AGREEMENT
Collier County, Florida ("County") and Orchid Cove at Port of the Islands
Condominium Association, Inc. ("Association") hereby enter into this Release
Agreement ("Agreement") with regard to the Performance Bond for Site Development
Plan improvements posted by Bayview Villas, LLC, a dissolved Florida company
("Developer") in the amount of $20,887.68.
WHEREAS, on January I Oth, 2008, Developer provided the County with a cash
performance bond in the amount of $20,887.68 to guarantee performance of sidewalk
improvements ("Improvements") associated with the Site Development Plan for Orchid
Cove (SDP-2004-AR-6836) in accordance with Land Development Code Section
10.02.03 D.5.b; and
WHEREAS, the Improvements have not been completed, and the Developer is
now a dissolved company. As such, the County is authorized to call on the cash bond in
order to ensure satisfactory completion of the Improvements; and
WHEREAS, the Association is requesting the $20,887.68 in order to complete the
C�
Improvements. An authorized representative of the Developer has agreed to allow the
cash bond to be released to the Association, as indicated on the letter dated September 2,
2015, attached hereto: and
WHEREAS, the Association and the County agree that the Association shall be Al—N,
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allowed to use the cash bond money in order to complete the Improvements in
accordance with the LDC.
NOW THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound. the
County and Association agree to settle on the following ten-ns:
The County shall release and cause to be paid on behalf of Developer and any
successor developers the cash bond in the amount of $20.887.68 within 30 days from
the date of this Release Agreement in full settlement of all clairns and disputes by the
Developer or Association relating to the sidewalk improvements associated with
same. The check shall be made payable to Orchid Cove at Port of the Islands
Condominium Association, Inc.
2. The Association shall use the $20,887.68 for the sole purpose of completing the
sidewalk improvements associated with the Site Development Plan for Orchid Cove
(SDP-2004-AR-6836).
3. The Association does herebv, and on behalf of all successors and assions, release and
forever discharge the County and their agents, servants, employees, heirs, personal
representatives, assigns and successors, and all other persons, firms or corporations
connected therewith, of and from any and all claims, demands, causes of action,
damages, judgments or suits at law and equity of whatsoever kind, through the date of
this release whether due or not, direct or contingent, liquidated or un-liquidated.
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patent or latent, known or unknown, in any way arising out of or relating to those
sidewalk improvements associated with that Site Development Plan for Orchid Cove
(SDP - 2004 -AR- 6836).
4. The County and Association acknowledge and agree that this Release Agreement is
intended to and shall be binding upon their respective owners, principals, officials,
officers. employees, ex- employees, agents, attorneys, representatives, insurers,
successors, assigns, spouses, heirs and affiliates.
5. This Release Agreement may be amended only by a written instrument specifically
referring to this Release Agreement and executed with the same formalities as this
Release Agreement.
6. The prevailing party shall be entitled to attorney's fees and costs in connection with
any enforcement action under this Agreement.
IN WITNESS WHEREOF, the County and the Association have caused this Agreement
to be executed by their duly authorized representatives this day of
20
By: Orchid Covesrt a� ?-�1dS ASsec�n4- 'an,r�t
f0` lifc'� dry S a�►er
rii d or Ty�d Naive Printed or Ted Name
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Lar iv Ism
Printed or Typed Name
ATM ST: BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK.
CLERK fay:
TIM NANCE
Deputy Clerk CHAIRMAN
y<3 /ti
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Approved as to form and
legality:
Scott A. Stone CV / I
Assistant County Attorney
913;1 -5
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BAYVII <,j', VILLAS, I'T'C
3050 N. H()RSISTI()I I)I2IVI;
SUITE 105
NAPI,r,S, FLORIDA 34104
SCI) ten1ber 2, 20I5
"" '"101111( May Concern,
10/13/2015 16.A.11.
I, William 1'. Higgs,'vlana gill„
the release of the cash bon! fc►r the Orchid Cavcisidewalks A
LLC hereby dries tot object to
Condoniittitfin Association. C R #Gti3f) to the Orchid Cove
4t'I is fT. Hilts
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Official F;ocelipt .- C."'OHilEir County E31ocard of C;,ommissioners
C DIP P1103 Official Receipt
Trans Number !Date Poet Date _Payrnent: Slip Nk >r
814079 111U12OC8 9.42 54 AM 1/10/2008 AID. bE?36
Appl Name: RVV.A, INC,
Appl Stage /Status: RELEASE: STAGE /F;17-LEASED
Address: 3050 IN! H01RSS-SHOE DRIVE SUITE 270 NAPLES FI- 34'104
Proj Name: ORCHID C;O'v'E_
Type: RMF TAB :
Subdiv Nbr: 100
Project Nbr 2004090020
Payor : BAh /IE\N VILLAS LL.0
Fee Information
- - -------------------------------- - - --
--- - - - - -- - - -- - -- _
FFie�� ode Desci iptio� 1 GL Account Amount' Waived
2BOND _ DEPOSII3C! -)MM DE \/ CP,3H E30ND E3700000002_2Cl l300000 $20867.68
------------ - -- - - - - - -- - 1 - -
Total 1 $20887.68
I= a, rnerlts
P�nent Code A,cc oLn1 /Check Nurnber
CHECK 3101
Memo:
C011ier Counl.)r Board of Courty Comi-nissioners
CD -Plus for VVindows 95fNT
-- - -- - - Amount!
$208,57.6811
Total Cash x_0.00
Total Non - -Cash X20887.68,
Total Paid ;$201337.68
Cashierllocation: HILT- CAROL / 1
Uses° ME:NDIGIN(D C:
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Printed:3 /20 /2015 4:29:50 PM