Agenda 09/25/2018 Item #16A1009/25/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$34,000 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180001846) for work associated with The Enclave of Distinction.
_____________________________________________________________________________________
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 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 Enclave of Distinction PPL,
(PL20160001475). On July 10, 2018, the PPL was 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 $34,000. 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: Lucia S. Martin, Technician, Development Review Division
ATTACHMENT(S)
1. Location Map (PDF)
2. Performance Agreement and Bond (PDF)
16.A.10
Packet Pg. 902
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10
Doc ID: 6487
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $34,000 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180001846) for work associated with The Enclave of Distinction.
Meeting Date: 09/25/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/21/2018 4:04 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/21/2018 4:04 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 4:47 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/21/2018 5:50 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/22/2018 9:39 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 08/27/2018 12:33 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 08/28/2018 8:06 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/28/2018 9:41 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/28/2018 2:55 PM
Growth Management Department James C French Deputy Department Head Review Completed 08/30/2018 5:58 PM
County Attorney's Office Scott Stone Level 2 Attorney Review Completed 08/31/2018 3:05 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/04/2018 7:13 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/05/2018 1:26 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 09/06/2018 7:00 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 1:53 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
16.A.10
Packet Pg. 903
THE ENCLAVE OF DISTINCTION
LOCATION MAP
16.A.10.a
Packet Pg. 904 Attachment: Location Map (6487 : Bond Release - The Enclave of Distinction EWA)
RLY WORK PERFORMANCE AGREETVENT entered into this day of--1- THIS EA---\\r....c between Distinctive Residential Development at L ivingston, LLC,
hereinafter referred loper," 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 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. PL20'18000'l846 (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").
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 $34,000.00
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 Work is reviewed and
approved by the County Manager or designee for compliance with the Early Work
Regulations.
3
4
5
6
2o_\g_,
to as "Deve
EARLY WORK PERFORMANCE AGREEMENT
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.
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
16.A.10.b
Packet Pg. 905 Attachment: Performance Agreement and Bond (6487 : Bond Release - The Enclave of Distinction EWA)
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.
SIGNED IN THE PRESENCE OF (Name of Entity)
7
lN WITNESS WHEREOF, the Board and Develop_er have caused thig Agreement to be
exepgted by their duly authorized representatives this 'Fts day of \J-l,^^L- ,20tY
sign: Afuha /frd*,"T
By:Steve
Printed Name
Sign
Printed Name
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Stone
Assistant County Attorney
Steve Fiterma n/Manager
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF
By:
as designee of the County Manager
pursuant to Resolution No. 2015-162
Approv,ed atrto form and legality:
---A"af-
;;[
COUNTY
16.A.10.b
Packet Pg. 906 Attachment: Performance Agreement and Bond (6487 : Bond Release - The Enclave of Distinction EWA)
" f/h,l,/ / "
Collier County
Growth Management Division
28OO Horseshoe Drive N
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
FEE DETAILS:
Fee Descriotio n
Refunda ble Bonds
Cashier Name:
Batch Number:
Entered By:
2018511280
2018-050028
06/7U2078
$34,000.00
Pavment Method
check
Reference Number
P120180001846
Amount Paid
$34,000.00
Check Number
3061500259
$34,000.00
$0.00
DISTINCTIVE RESIDENTIAL DEV AT LIVINGSTON LLC
7575 GOLDEN VALLEY RD STE 3OO
GOLDEN VALLEY , IVIN 55427
Orioinal
Fee
$ 34,0 00.0 0
Amount
Paid
$ 34,0 0 0,0 0
GL Account
670-000000-220113
Amount Paid:
Change / overage:
Contact:
Richa rd Koen igsknecht
7 422
monroig_i
16.A.10.b
Packet Pg. 907 Attachment: Performance Agreement and Bond (6487 : Bond Release - The Enclave of Distinction EWA)
LEGAL DESCRIPTION
A PARCEL OF UND LOCATED IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARNCUURLY DESCRIBED AS FOLLOIIS:
BEGIN AT THE NORTHWEST CORNER OF TMCT 1/.3" OF MEDITERRA PHASE THREE EAST, UNIT
THREE, RECORDED IN PUT BOOK 47, PAGES 50 AND 51, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, THE SAME BEING A POINT ON THE EASTERLY RIGHT_OF_WAY OF LIVINGSTON ROAD;
THENCE RUN ALONG SAID RIGHT_OF-WAY, NORTH OO'25,32" WEST, A DETANCE OF 658.27 FEET
TO A POINT ON THE SOUTH SIDE OF ,'PARCEL ONE" AS DESCRIBED IN OFFICIAL RECORDS BOOK
3703, PAGE 2950, PUBLIC RECORDS OF COLLIER COUNTY, FLORTDA; THENCE RUN ALONG SAID
"PARCEL ONE", NORTH 89'20,14" EAST, A DISTANCE OF 1,109.47 FEET TO A POINT ON THE
BOUNDARY OF TRACT 7" OF MEDITERRA PHASE THREE EAST, UNI| ONE, PUT BOOK 40, PAGES
59 THROUGH 68, PUBLIC RECORDS OF COLLIER C)UNTy, FLORIDA; THENCE RUN ALONG THE
BOUNDARY OF TRACT V", SOU\H 00'27'59" EAST, A DISTANCE OF 657.34 FEET; THENCE ALONG
THE BOUNDARY OF SAID TRACT V" AND THE AFOREMENTIONED PHASE THREE EAST, UNIT THREE
PLAT, SOUTH 89'17'21" WEST, A DISTANCE OF 1,109.94 FEET TO THE PONT OF BEGINNING.
CONTAINING 16.76 ACRES, MORE OR LESS.
16.A.10.b
Packet Pg. 908 Attachment: Performance Agreement and Bond (6487 : Bond Release - The Enclave of Distinction EWA)