Agenda 09/08/2015 Item #16A379/8/2015 16.A.37.
EXECUTIVE SUMMARY
Recommendation to delegate to the County Manager or his designee the authority to
execute Excavation, Early Work Authorization, and Site Development Plan Performance
Agreements on behalf of the Board of County Commissioners.
OBJECTIVE: To have the Board of County Commissioners (Board) authorize the County
Manager or his designee to execute and sign Excavation, Early Work and Site Development
Performance Agreements on behalf of the Board.
CONSIDERATIONS:
Section 22 -115 of the Code of Laws and Ordinances of Collier County, and Sections 10.01.02
B.2 and 10.02.03 D.5 of the Collier County Land Development Code (LDC), respectively,
require a Developer to post a performance security to guarantee work associated with Excavation
Permits, Early Work Authorization Permits, and Site Development Plans. In addition, the
Developer and County must enter into a Performance Agreement, which provides the terms and
conditions under which the County may call upon the performance security. These Agreements
allow and obligate the developer to perform certain improvements and tasks prior to final
approval of development orders such as a Plat or Site Development Plan. The performance
security cannot be released unless an agenda item is brought before the Board for authorization
to release the security.
On July 9, 2015, the Board adopted Ordinance 2015 -44, which includes standard templates for
Excavation, Early Work Authorization and Site Development Plan Performance Agreements.
The form agreements require approval and execution by the Chairman of the Board. However,
Excavation, Early Work Authorizations and Site Development Plan Bonds are ministerial and
have historically been approved administratively.
If staff is required to present these Agreements to the Board for approval every time an
Excavation, Early Work Authorization, or Site Development Plan bond is required, it will delay
commencement of the site work and require additional staff time in preparing agenda items for
each Agreement. Authorizing the County Manager or his designee to execute the standard
agreements on behalf of the Board will save four to six weeks in the issuance of these permits.
This is valuable time for the applicant and it will allow them to complete preliminary site
improvements by the time that they are approved to commence improvements associated with
the applicable development order such as a Plat or Site Development Plan. This will also allow
staff to dedeicate time and resources to other petitions, and increase overall efficiency of the
petition review process.
This action does not bind the Board to expend funds nor does it authorize staff to release
performance securities without further Board approval. This recommendation continues to
improve our processes without compromising the obligation for surety.
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9/8/2015 16.A.37.
FISCAL IMPACT: There is no fiscal impact to the County 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: That the Board authorizes the County Manager or his designee to
execute the standard form Excavation, Early Work Authorization and Site Development Plan
Performance Agreements contained in Appendix A of the Land Development Code; and
authorizes the Chairman to execute the attached resolution authorizing the County Manager or
his designee to execute Excavation, Early Work Authorization, and Site Development Plan
Performance Agreements on behalf of the Board.
Prepared By: John Houldsworth, Senior Site Plans Reviewer, Development Review, Growth
Management Department
Attachments:
1) Resolution, 2) Standard Form Early Work Authorization Agreement, 3) Standard Form
Excavation Permit Agreement, 4) Stand Form Site Development Plan Performance Agreement
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9/8/2015 16.A.37.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.37.
Item Summary: Recommendation to delegate to the County Manager or his designee the
authority to execute Excavation, Early Work Authorization, and Site Development Plan
Performance Agreements on behalf of the Board of County Commissioners.
Meeting Date: 9/8/2015
Prepared By
Name: HouldsworthJohn
Title: Site Plans Reviewer, Senior, Growth Management Department
7/28/2015 9:07:53 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/29/2015 1:33:05 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/29/2015 1:33:57 PM
Name: McLeanMatthew
Title: Project Manager, Principal, Growth Management Department
Date: 8/4/2015 2:55:49 PM
Name: WilkisonDavid
Date: 8/5/2015 4:34:36 PM
Name: FrenchJames
Title: Deputy Department Head - GMD, Growth Management Department
Date: 8/18/2015 7:04:46 PM
Name: StoneScott
Title: Assistant County Attorney, CAO Land Use /Transportation
Date: 8/21/2015 5:04:13 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 8/24/2015 10:09:20 AM
Name: IsacksonMark
9/8/2015 16.A.37.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 8/24/2015 11:55:00 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 8/24/2015 12:54:09 PM
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9/8/2015 16.A.37.
RESOLUTION NO. 15-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
DELEGATING TO THE COUNTY MANAGER OR HIS
DESIGNEE THE AUTHORITY TO SIGN
PERFORMANCE AGREEMENTS RELATING TO
EXCAVATION PERMITS, EARLY WORK
AUTHORIZATIONS AND SITE DEVELOPMENT
PLANS.
WHEREAS, excavation permits, early work authorizations and site development plans
(collectively, the "Permits ") may be approved administratively by the County Manager or his
designee pursuant to Chapter 22, Article IV of the Code of Laws and Ordinances of Collier
County, and Sections 10.01.02 and 10.02.03 of the Collier County Land Development Code,
respectively (collectively, the "Regulations "); and
WHEREAS, as part of the approval process for the Permits, the County and the developer
enter into a performance agreement with a bond, letter of credit or escrowed funds to ensure that
certain required improvements are completed in accordance with the Regulations; and
WHEREAS, standard forms for the performance agreement, bond and letter of credit are
attached in Appendix A of the Land Development Code, and the performance agreement
provides for signature by the Chairman of the Board of County Commissioners (the "Board ");
and
WHEREAS, the Board desires to administratively process the performance agreements
for the Permits by delegating the authority to execute the performance agreements to the County
Manager or his designee.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The County Manager or his designee is delegated the authority to execute and
sign Excavation, Early Work Authorization and Site Development Plan Performance
Agreements on behalf of the Board after approval by County staff and the County Attorney's
Office.
2. All Excavation, Early Work. Authorization and Site Development Plan
Performance Agreements shall conform to the standard forms in Appendix A of the Land
Development Code, and shall be approved for legality prior to being executed by the County
Manager or his designee.
3. No Performance Agreement shall be approved without receipt of an acceptable
performance guarantee. The fully executed Performance Agreement shall be filed with the Clerk
to the Board.
tIi- EIS - 03049/1197733/11
7/27/15
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This Resolution adopted after motion, second and majority vote favoring same, this
day of , 2015.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and legality:
Scott A. Stone
Assistant County Attorney
(15- EIS - 03049!1197733!1)
7'27 %l 5
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
TIM NANCE, CHAIRMAN
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The Performance Agreement for Early Work shall be substantially as follows:
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT
20 , between
"Developer," and the Board of County Commissioners of C
referred to as the "Board ".
entered into this day of
_ hereinafter referred to as
ollier County, 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 10.01.02.13
(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. (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:
Developer agrees to comply with the Early Work Regulations and the Early Work
Permit (the "Early Work ").
2. Developer herewith tenders its early work performance security (attached hereto
as Exhibit 'A" and by reference made a part hereof) in the amount of
3. In 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.
4. The Early Work shall not be considered complete until Developer notifies the
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.
5. 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 the 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.
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 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
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9/8/2015 16.A.37.
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 day of
20
SIGNED IN THE PRESENCE OF
Printed Name
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
(Name of Entity)
By:
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
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C. The Performance Agreement for Excavation shall be substantially as follows:
EXCAVATION PERFORMANCE AGREEMENT
THIS EXCAVATION PERFORMANCE AGREEMENT entered into this day of
, 20_ between 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 a/. 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
comply with the Excavation Regulations and Excavation Permit No. (the "Excavation
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:
Developer agrees to comply with the Excavation Regulations and the Excavation
Permit (the "Excavation Work ").
2. Developer herewith tenders its excavation performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the amount of
3. In the event of default by Developer or failure of Developer to complete the
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.
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.
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
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
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maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Excavation Work. The Developer, as principal under the excavation
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 day of 20_
SIGNED IN THE PRESENCE OF:
Printed Name
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
(Name of Entity)
By:
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
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follows:
C. The Performance Agreement for Site Development shall be substantially as
SITE DEVELOPMENT PERFORMANCE AGREEMENT
THIS SITE DEVELOPMENT PERFORMANCE AGREEMENT entered
day of between
hereinafter referred to as "Developer," and the Board of County Commissioners
County, Florida, hereinafter referred boaa the "Board^
into this
of Collier
WHEREAS, Developer has applied for site development plan approval in accordance
with the Collier County Land Development Code including but not limited to Section 10,02.03.[}
(collectively, the "Site Development Plan Regulations"); and
WHEREAS, the She Development Plan Regulations require Developer to post
appropriate performance guarantees to ensure compliance with the Site Development Plan
Regulations and Site Development Plan Approval No. /the ^Sba
Development Plan Approvo[\.
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:
Developer agrees to comply with the Site Development Plan Regulations and the
Site Development Plan Approval (the "Site Development").
2. Developer herewith tenders its site development performance security (attached
hereto as Exhibit 'A' and by reference made a part in the amount of
3� In the event of default by the Developer or failure of Developer to complete the
Site Development within the time required by the Site Development Plan
Regulations and Site Development Plan Approval, Collier County, may call upon
the site development performance security to ensure satisfactory completion of
the Site Development.
4. The Site Development shall not be considered complete until Developer notifies
the County that the Site Development is complete and the final Site Development
is reviewed and approved by the County Manager or designee for compliance
with the Site Development Plan Regulations.
5� The County or designee ohaU, within sixty /60\ days of receipt of
notification by Developer in writing that the Site Development is complete, either:
a) notify Developer in writing of his approval of the Site Development; or b) notify
Developer in writing of his rafuoal to approve the Site Development, therewith
specifying those conditions which Developer must fulfill in order to obtain the
County Manoger`s approval of the Site Development.
8. In the event Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Manager ordesignee
may co|| upon the site development performance security to secure satisfactory
oornp|abon^ repair and maintenance of the Site Development, The Board shall
have the right to construct and maintoin, or cause to be constructed or
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maintained, pursuant to public advertisement and receipt and acceptance of bids,
the Site Development. The Developer, as principal under the site development
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 day of
,20
SIGNED IN THE PRESENCE OF
Printed Name
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Assistant County Attorney
7E 7C
(Name of Entity)
Printed Name/Title
(President, VP, or CEO)
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: —__
Chairman
Ptz_e 2 of,
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