Agenda 09/25/2018 Item #16A1109/25/2018
EXECUTIVE SUMMARY
Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of
$4,040 which was posted as a development guaranty for an Early Work Authorization (EWA)
(PL20180000700) for work associated with Titan America Concrete Batch Plant.
_____________________________________________________________________________________
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 Titan America Concrete Batch Plant Site
Development Plan (SDP), (PL20160002796). On May 4, 2018, the SDP was approved by the
Development Review Division. Once the construction plans 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 $4,040. 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. Approved Performance Agreement & Bond (PDF)
16.A.11
Packet Pg. 909
09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.11
Doc ID: 6488
Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond
in the amount of $4,040 which was posted as a development guaranty for an Early Work Authorization
(EWA) (PL20180000700) for work associated with Titan America Concrete Batch Plant.
Meeting Date: 09/25/2018
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
08/21/2018 4:31 PM
Submitted by:
Title: Project Manager, Principal – Growth Management Department
Name: Matthew McLean
08/21/2018 4:31 PM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/21/2018 4:57 PM
Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/21/2018 5:54 PM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/22/2018 9:42 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 8:05 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 08/28/2018 9:52 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 08/28/2018 2:56 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 3:06 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 1:29 PM
Office of Management and Budget Allison Kearns Additional Reviewer Completed 09/06/2018 7:04 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.11
Packet Pg. 910
TITAN AMERICA CONCRETE BATCH PLANT
LOCATION MAP
16.A.11.a
Packet Pg. 911 Attachment: Location Map (6488 : Bond Release - Titan America Concrete Batch Plant EWA)
EARLY WORK PERFORMANCE AGREEMENT
THIS EARLY WORK PERFORMANCE AGREEMENT entered into this 23rd day of
March, 2018, between Titan Florida, LLC 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 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. PL20180000700 (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 Wo* 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 $4,040.00.
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.
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 ltilanager 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
contingent costs, together with any damages, either direct or consequential,
1
2
4
6
5.
16.A.11.b
Packet Pg. 912 Attachment: Approved Performance Agreement & Bond (6488 : Bond Release - Titan America Concrete Batch Plant EWA)
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.
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 THE PRESENCE OF:(Name of
Sign:
7
lN WITNESS WHEREOF, the Board and Develope-r have caused this Agreement to be
executed by their duly authorized representatives tnis 33r\ day of fla"c\. ,
20 l8
A*a,c*
//c
By:
Na
Sign %,
ATTEST
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
roved to form and legality:
Scott A. Stone
Assistant County Attorney
Printed Name/Titte [,r..J,tt v,^ lLss'-
(President, VP, or CEO) fl-b'tJ W
Provide Proper Evidence of Authority)
BOARD OF COUNTY COMMISSIONERS
OF
tfxf'u
AS of the County Manager
pursuant to Resolution No. 201 5- I 62
16.A.11.b
Packet Pg. 913 Attachment: Approved Performance Agreement & Bond (6488 : Bond Release - Titan America Concrete Batch Plant EWA)
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:
€tl,to,+A
20t847870r
20ta-o77449
03/02/20t8
$4,040.00
Reference Number
P120180000700
Amount Paid
$4,040.00
Check Number
0430240
Collier County
Growth Management Division
2800 Horseshoe Drive N,
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Pavment Method
Check
$4,040.00
$0.00
TITAN FLORIDA
455 FAIRWAY DRIVE SUITE 2OO
DEERFIELD BEACH, FL 33441
Orioinal
Fee
$4,040.00
Amount
Paid
$4,040.00
AlinaHarris
7r22
ValerieKullick
GL Account
670-000000-220113
16.A.11.b
Packet Pg. 914 Attachment: Approved Performance Agreement & Bond (6488 : Bond Release - Titan America Concrete Batch Plant EWA)
A'ITA.N
AEUIERT{C,t'
455 Fairway Drive
Suite 200
Deerlield Beach, FL 33486
September 25,2017
Regulatory Agencies (FDEP and any others)
Vendors
Consultants, and those sirnilar
Re: Letter of Authorization
Dear Sir/Madam,
This letter authorizes the signature of Mr. William Kissel, Sr. Environmental Manager, for Titan
Florida LLC, as Authorized Representative for the purposes of permit applications (Including
building permits), modifications, renewals, etc. regarding govemmental matters for facilities
owned, operated, or controlled by Titan America LLC or Titan FloridaLLC.
Regards,
President
STATE OF FLORIDA
COLTNTY OF Sr o,^rar d
The foregoing instrument was acknowleclged before me this 37 auy of f ctt
2077,by Randy Dunlap, President, Titan FloridaLLC.
otary
#,#}
Notary Public State ot Florida
Geoffrev Blunt
My Cominlsslon FF 185157
Exrrires 01/25/201 I
My comrnission expiles t -^u- t1
16.A.11.b
Packet Pg. 915 Attachment: Approved Performance Agreement & Bond (6488 : Bond Release - Titan America Concrete Batch Plant EWA)