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Agenda 09/25/2018 Item #16A1209/25/2018 EXECUTIVE SUMMARY Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $30,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170003991) for work associated with Legacy Naples New Hope Ministries - Phase 2. _____________________________________________________________________________________ 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 Legacy Naples New Hope Ministries - Phase 2 Site Development Plan Amendment (SDPA), (PL20160003514). On January 2, 2018, the SDPA 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 $30,500. 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: Lucia S. Martin, Technician, Development Review Division ATTACHMENT(S) 1. Location Map (PDF) 2. Performance Agreement & Bond (PDF) 16.A.12 Packet Pg. 916 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 6490 Item Summary: Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $30,500 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20170003991) for work associated with Legacy Naples New Hope Ministries – Phase 2. Meeting Date: 09/25/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 08/21/2018 4:52 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 08/21/2018 4:52 PM Approved By: Review: Growth Management Operations & Regulatory Management Stephanie Amann Additional Reviewer Completed 08/21/2018 5:55 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 08/22/2018 10:24 AM Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 08/22/2018 2:45 PM 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 8:07 AM Growth Management Department Matthew McLean Additional Reviewer Completed 08/28/2018 9:32 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 3:03 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 1:40 PM Office of Management and Budget Allison Kearns Additional Reviewer Completed 09/06/2018 7:07 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/17/2018 1:54 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 16.A.12 Packet Pg. 917 LEGACY NAPLES NEW HOPE MINISTRIES PHASE 2 LOCATION MAP 16.A.12.a Packet Pg. 918 Attachment: Location Map (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2) ? d EARLY WORK PERFORIUANCE AGREEIUENT THIS EARLY WORK PERFORIiIANCE AGREEMENT entered intothis /at" dayof,t:1,."L:"- 2O_)-L, between L,,"., r,,r.. ;r,. hereinafter referred to as 'oevetoper,' ana tne Board of County Co.iEii6ilEaf Cotiier 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 Eady Work Authoflzatron Permit No !Llll-!l-!Il (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 hereo0 in the amount of $30,500.00. 3. 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. 4. The Early Work shall not be considered complete until Developer notifies the County that the Early Work is complete and the flnal 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 receapt 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 Manage/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 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.12.b Packet Pg. 919 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2) 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. lN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this /& h day of -\ N,ib{_, 20 i-l Legacy Naples, LLC Sign Pri Srbn 7 By: sisn: (/11g,/-* h Printed Name ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality Scott A. Stone Assistant County Attorney Printed Name/Title Eric Bell, Manager Authorized Representative BOARD OF COUNTY OF COLLIER of the County Manager pursuant to Resolution No. 2015-162 By: SIGNED IN THE PRESENCE OF: 16.A.12.b Packet Pg. 920 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2) Cash bond in the amount of $30,500.00 delivered to Collier County. To be released in accordance with Early Work Performance Agreement. EXHIBIT A 16.A.12.b Packet Pg. 921 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Refu nda ble Bonds Cashier Name: Batch Number: Entered By3 20L74500L7 20L7-073493 tll16/2077 $30,500.00 Pavment Method Check Reference Number P120170003991 Amount Paid $30,500.00 check Number 323001 $30,s00.00 $0.00 GOLDBERG COMPANIES INC 25101 CHAGRIN BLVD BEACHWOOD, OH 44T22 9.dsine] Fee $ 30, s 00.0 0 Amount Paid $ 30,500.00 G!-Aisec-El 670-000000-220113 14artinRuedy 6857 Va lerieKu llick 16.A.12.b Packet Pg. 922 Attachment: Performance Agreement & Bond (6490 : Bond Release - Legacy Naples New Hope Ministries - Phase 2)